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HomeMy WebLinkAbout02/07/1974 MINUTES February 7, 1974 The Study Session of the Wheat Ridge City Council was called to order by Mayor Paul Abramson at 7 30 p.m. at 7390 West 38 Avenue. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Other present were Mayor Paul Abramson, City Attorney William McCarthy, City Clerk Elise Brougham, department head and staff, and interested citizens. Motion by Alderman Donaldson "I move we dispense with the reading of the Minutes (of 1/24/74) and that they be approved as written." Motion was seconded by Alderman Turner and passed 5-1 Alderman Howard voted "nay." Citizen Comments were made by Orville Lockhart of 12355 West 38 Avenue requested that there be a rehearing of his rezoning Case WZ-73-20 and read a letter stating that new information had been acquired. The letter is attached to the Minutes. He cited that an addition to the school will come within 15 feet of his property line. City Attornev McCarthy stated he had told Mr Lockhart that if he believed there were matters not brought to Council's attention, then he should discuss this with his attorney and decide if he wanted to request a re- hearing. He stated that it was his understanding that Mr Lockhart maintained that 40 of the signatures obtained on petitions in opposition were not valid because the people thought they were opposing someone else's rezoning Alderman Cavarra questioned wlether it is relevant to know the name of a property owner on a petition or whether the address and location is all that is required. City Attornev McCarthv stated that Mr. Lockhart maintains that there was a misunderstanding as to the location and identity of the property in question Mavor Abramson asked Mr. Lockhart if he thought these people who were misinformed would state this in writing. Mr. Lockhart stated he felt they would and also added that 23 people directly across the street were not asked to sign and that he had talked to one of the circulators of the petitions and she had said she had told people it was the property east of him Alderman Hulsev asked whether Mr. Lockhart's attorney had indicated to him he felt there was new evidence and Mr. Lockhart said "Yes" Alderman Turner asked City Attorney McCarthy to read the section of the law regarding a rehearing in less than 1 years time. City Attorney McCarthv read the follOWing - Ordinance No. 98, Section 29 Changes and Amendments "A time limitation of 1 year shall be required during which resubmission of a rezoning application, previously denied, pertaining to the same parcel of ground, or portion thereof, and 6 similar zone classification will not be accepted by the Planning Commission for consideration unless evidence is presented clearly showing that a sub- stantial change in physical conditions and circumstances warrants an earlier hearing " Mavor Abramson stated that evidence needs to be presented to show there is a difference and City Attorney McCarthv stated that the applicant is claiming there is evidence and that the course Council should follow tonight is to determine whether or not to rehear it based on his statements. Alderman Hulsev stated he felt Mr Lockhart had indicated there was new evidence MINUTES - February 7, 1974 - Continued -2- Mr Lockhart stated that there is a 50 foot waste on I side and a 20 foot waste on the other side, and in answer to a question from Alderman Cavarra he said he planned to present it exactly as previously presented because he can't sell it under Residential-One. Alderman Hulsey stated that this was a study session and formal Council action is not usually done at a study session City Attornev McCarthy advised that since this much had been presented that it would be appropriate for Council to decide whether to hear or not rehear the case. Motion by Alderman Hulsey "I move that Council reconsiders Mr. Lockhart's case at the earliest convenient date for additional evidence only and that the property be posted at city expense, and that the City Clerk notify people in opposition." Motion was seconded by Alderman Howard. It was determined that the City Clerk need only notify the circulators of the petitions in opposition and not all of the signatories Motion was defeated 4-2. Aldermen Merkl, Turner, Cavarra and Donaldson voted "nay" The case will not be reheard. Resolution No 272 providing for $5,000 00 additional funds to match $10,000.00 each from Colorado State Trails Committee and Jefferson County Open Space funds for Phase One of the Bikeway Trails System was introduced by Alderman Hulsey and read. Alderman Howard stated that action on this Resolution should not be done during a study session. Alderman Turner stated she felt that regular meetings should be scheduled to take care of city business and then have a study session afterwards. Mavor Abramson stated that a study session is an official meeting and in this case if the bid is not accepted providing an additional $5,000.00 there will be a 25% cost increase Alderman Turner stated that she felt sometimes in eagerness to receive funds, all commitments are not thoroughly looked into. She stated she had received calls about the proposed "road" in the Greenbelt and that an 8 foot paved commuter bikeway has a different criteria than a natural greenbelt trail, also that there would be perpetual maintenance Alderman Hulsev stated that equipment in and out has to have access for maintenance, patrolling and trash collection, and that no matter whether it is paved or not there would be maintenance BoVd Kraemer, Director of Parks and Recreation stated most trails are made B feet wide, that the cost goes up if it is narrower because it has to be hand placed, people tend to walk in the middle of trails and room is needed to prevent overcrowding and the second phase will have no asphalt. In answer to Alderman Howard he said he had no figures as to number of people who would be using the trails at one time, and that the trail would aid the recreation programs. Motion by Alderman Cavarra "I move that Resolution No 272 introduced by Alderman Hulsey be adopted" Motion was seconded by Alderman Donaldson and passed 5-1 Alderman Howard voted "nay" Walter Rvbkowski, Planning Director stated that he will be having some personnel additions in the future for his department,. Walter Johnson stated there will be a Personnel Committee meeting on February 11,1974 regarding the reclassifications of personnel involved MINUTES - February 7, 1974 - Continued -3- BoVd ~raemer, Park and Recreation Director stated that the following items would be up for approval on February 14, 1974 and that bids had been received 1 Capital equipment purchases - truck and lawn mowers 2 Purchase of baseball field fence at Wheat Ridge City Park. 3 Grand Stand approval. The bids received were only for aluminum Alderman Cavarra asked if the cost of fiberglass could be obtained. 4. Authorization of Recreation Leader II which would be no additional money in the personnel budget but would be full-time and would take over some of the part-time people budgeted He stated that this person would be over the new recreation building and would have experience in the recreation program in case the recreation superintendent left. Glen Taylor, Public Works Director stated that his department had pre- pared proposed improvements of Rocky Mountain Ditch on 32 Avenue at Miller and that the bid had been advertised for opening on February 20, 1974 and that it would be presented for action on February 21, 1974 by Council. He stated the ditch company is not responsible for main- taining the bridge etc. but were only responsible for cleaning the ditch. He stated that this was the "worst hazard " in town and that the guard rails had been moved over narrowing the street on the bridge. Alderman Turner asked if a grate would be put over the pipe. Larrv Thomas, City Engineer stated that this had been considered but that the pipe was large enough to walk through except during a flood, and at that time it would catch trash and would cause water to back up so the idea was rejected. Mr. Tavlor stated that the materials bid would be scheduled at a later date. Alderman Cavarra asked if they had considered purchase of a street vacuum and if they could reuse the sand because "it is piling up." Mr. Tavlor stated there was not adequate money in the budget for purchase of such equipment and that the policy had been this year to sand the main streets and hills and if called, to respond to specific complaints which saves gas and limits the amount of sand. Mr Glen Tavlor also stated that they were considering putting in a sidewalk on Pierce Street between 32 Avenue and 38 Avenue and asked for Council's opinions Alderman Turner asked what amount of street could be paved for the same amount of money and Mr. Taylor estimated about 1 block Rules of Procedure regardinq Liquor Violations were introduced by City Attorney McCarthy. He stated that included was a relaxation of rules of evidence, i e. Council can hear and consider hearsay evidence such as third hand testimony etc. and that police reports are valid evidence whether or not the accused violator testifies or not, that alleged violators will be prosecuted before Council at the City Attorney's determination, and that he recommended that Council recess for an executive session when a decision is to be made on a liquor violation In answer to a question by Alderman Howard, he stated it was not necessary that the rules be in ordinance form to be legal, and that they are bound by them, once adopted. Alderman Cavarra asked if the violators were not standing trial twice by being cited for county court appearance and appearing before Council. City Attornev McCarthv stated before Council is an administrative procedure and is not punitive. Alderman Turner stated that a~pearance before the City Council pertains to suspension of the liquor license itself In answer to another question, City Attornev McCarthv stated the City has summons power but that the person summoned does not have to testify. MINUTES - February 7, 1974 - Continued -4- Alderman Howard asked who decides whether a suspected violation will be heard and Mr McCarthy stated it was his decision. It was decided to be added into the rules that the City Attorney give the reason for his decisions. Alderman Turner asked if at the time of license renewal that violations and suspected violations would not be held against the license holder. City Attornev McCarthy stated it would be held against them at renewal time. Alderman Merkl suggested that the time and date of suspension be added to the Notice of Suspension sign The Rules of Procedure for Liquor Violations are to be scheduled for action on February 14, 1974. Garth Gibbons of the Planning Department presented a proposed amendment to the development plans previously approved by Council on Case WZ-72-16 Craddock Development Company at North 1-70 Service Road and Oak He stated according to Ordinance No. 98 this is a minor change and a hearing is not required. He said the plan was originally approved on September 11, 1972 and displayed diagrams showing that the modification would actually decrease the gross floor area by 400 square feet and that 25% open space will be provided which meets the requirements and that previously 21% open space had been approved Alderman Turner stated that the original plan had been recorded and that the amendment should also be recorded. Motion by Alderman Howard "I move that we adjourn" There was no second and the Motion died. The following appointments were made to the Animal Control Commission Motion by Alderman Turner "I move to the Animal Control Commission." Donaldson and passed 6-0. that Mrs H.B. Manning be appointed Motion was seconded by Alderman Motion by Alderman Donaldson "I move that Mrs Alice McCuskey at 3495 Newland Street be appointed to the Animal Control Commission." Motion was seconded by Alderman Merkl and passed 6-0. Motion by Alderman Hulsey "I move to the Animal Control Commission." and passed 6-0 that Mrs. June Suttie be appointed Motion was seconded by Alderman Merkl Motion by Alderman Merkl "I move that Robert Whitmore be appointed to the Animal Control Commission." The last two vacancies are to be filled by licensed veterinarians so the Motion was ruled out of order. Motion by Alderman Cavarra "I move that Dr. William Trefz be appointed to the Animal Control Commission." Motion was seconded by Alderman Donaldson and passed 6-0. The proposed Police Advisorv Committee was discussed and it was decided that Alderman Cavarra, Chief of Police Edward Pinson, City Attorney McCarthy and Mayor Abramson should meet to set the functions and duties of the Committee Other committees which have been suggested and which also need guidelines are an Architecture's Advisory Review Board recom- mended by Walter Rybkowski and an Industrial Relations Committee recom- mended by Mayor Paul Abramson. The present Mass Transit Committee has 4 vacancies. Motion by Alderman Merkl "I move we adjourn." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Turner voted "Nay." Meeting was adjourned at 10 30 p.m. JA.PP/ROVED "~. :;( III 7~ ~'c.' m,iUTES - 2/7/74 - Continued - Page 5. February 7, 1974 City Council Ci ty of Whea t Ridge Wheat Ridge, Colorado 80033 Dear Members of Council. Request is hereby made to the City Council of Wheat Ridge to rehear and reconsider the rezoning application of Orville M and Doris D Lockhart and Muriel Burwell, Case WZ-73-20 This rezoning application was originally heard on November 29, 1973 and denied by the Council The applicants believe that a misunderstanding existed among Council members concerning the details of the rezoning request In addition, new information has been acquired by the applicants which should be considered in the Council's decision It would, therefore, be appreciated if the Council would schedule a rehearing and reconsideration at its earliest convenience Very truly yours, - - (i~L/~'7 (, I/~ /J '-/1 t -f'-'U-vt.'" /) If ,0!--r-r' / A~ Orville M Lockhart 1 "'-.. ~ '-/~., Ii -/J- j'/6---{C... ~~ /\ J- -..;--\./~~- --~_I."t.....Z Doris D Lockhart f ,1 J //1 Muriel Burwell ;- ." L _~ /