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HomeMy WebLinkAbout02/21/1974 MINUTES February 21, 1974 The two hundred and thirtieth regular meet.ing of the Wheat Ridge City Council was called to order by Mayor pro tem Joseph M. Donaldson at. 7 30 p.m at 7390 West 38 Avenue Other Aldermen attending were Mary Jo Cavarra, Robert Howard, Larry Merkl and Louise Turner Alderman Calvin Hulsey arrived later Others attending were Cit.y At.torney William E McCarthy, John Jerman, City Administrator, City Clerk Elise Broughami staff and interested ci tizens Motion by Alderman Cavarra "I move that we dispense with the reading of the Minutes and that they be approved as printed (2/14/74.)" Motion was seconded by Alderman Merkl and passed 4-1 Alderman Howard voted "nay." Alderman Cavarra stated that she had attended a Denver Regional Council of Governments meeting and stated that a Resolution had been passed asking the Governor to designate DRCOG as the authority for +he Federal Highway Act which would include in"erstate and local streets, and also that all cities adopt low income housing plan Mr John A Jerman was introduced as the first City Administrator for the City of Wheat Ridge. The following decisions were made Motion by Alderman Turner "I move that Subdivision request WS-73-05 be denied for the following reasons 1 Multiple water problems exist on this property including tre- mendous amounts of water from the Applewood Knolls area of Lakewood. Portions of this property are known to be wet at all times. 2. The ap~licant has proposed a method of dispatching the water from Lakewood through his property, however in so doing the flow of water to Lena Gulch is facilitated. 3 The applicant's engineer stated a third again as much water will be generated on the property as the amount generated in its undeveloped state 4 This water will flow in a less inhibited manner to the almost adjacent Lena Gulch Flood Plain area. An area where on May 5, 1973 any speeded up water or additional water would have compounded the problems and perhaps proved disastrous S Development of this property at the present time is not in the best interest of the health and safety of the citizens of Wheat Ridge 6. At the present time the highest and best use of the land is for it to remain in agricultural or open space uses. 7. It appears that the most equitable solution might be for the City to consider preservation of the present state of +his property by means of open space funds which can be requested for such purposes " MOTION DIED FOR LACK OF A SECOND Motion by Alderman Howard "I move that Subdivision Case WS-73-0S, Applewood Knolls Subdivision, 12th Filing, at 32 Avenue and Quail be approved subject to payment of the $75 per lot assessment in lieu of dedication of parkland." MOTION DIED FOR LACK OF A SECO~D. Motion by Alderman ~erkl "I move that Subdivision Case WS-73-05 be referred back to the Planning Department until all matters such as drainage, parks and any other matters can be taken care of." Motion was seconded by Alderman Cavarra. Alderman Howard stated that he felt the Subdivision Plat had had adequate approval from the Public Works Department. Question was called and Motion passed 4-2. Alderman Hulsey's sealed vote of "Aye" was read and is attached to the Minutes, and Aldermen Howard and Turner voted "nay" Alderman Cavarra stated the area to t.he west and street access should be looked into. Motion by Alderman Howard "I move that Subdivision Case WS-73-04, the final plat of Deffert Subdivision (at 32 Avenue and Pierson) be approved" Motion was seconded ~y Alderman Merkl. MINUTES - February 21, 1974 - Continued -2- Garth Gibbons presented a proposal from the Planning Departmen+ showing that instead of 107' and 113' lot fronts, they could be decreased to 100' fronts which would allow 4B 49' for a street dedication for 33 Avenue, which would be offset by 12 5' which is not allowed by the Subdivision Regulations, but. that an exception could be made by Council. In answer to questions he said that he had made no study as to the amount of fill required for the road and that the applicant had not been contacted on the plan, and that if 25' were requested from the school and the applicant each the street would be offset another 25', and that 33 Avenue should be a full width street if and when in the future it would be extended. Motion to Amend previous Motion by Alderman Cavarra "I move that (Case WS-73-04) be approved subject to dedication of 40' ROWand only, not improvement" Motion was seconded by Alderman Turner City Administrator John Jerman stated that what was done with this street was crucial for future development, and that if 40' were given instead of 48' then the plan presented would have to be adjusted Alderman Cavarra stated this would give the corner lots more frontage to meet the setback requirements. Alderman Turner stated she was going to vote against the approval of the subdivision and asked tht the record reflect her reasons 1 Development of this property may not be in the best interest of the health and safety of the Citizens of Wheat Ridge. 2. The a~ea presently served as a ponding or water holding area above the Lena Gulch Flood Plain 3 Additional filling and subsequent development should not be allowed until the Council has had the opportunity to review the Lena Gulch Report which is in process and to consider alternatives. 4. There is no evidence given to indicate that extensive filling that is necessary on this property will not transfer the water retention area to the property immediately to the east. 5 Also, the drainage solution mentioned by Mr Deffert is not the same as the drainage on record in the Planning Department Alderman Howard stated the remarks were nut of order due to a Motion on the floor Motion to amend died in a 3-3 vote Aldermen Howrd, Merkl and Hulsey voted "nay " Question on original Motion to approve Case WS-73-04 was called and passed 4-2 Aldermen Cavarra and Turner voted "nay " Motion by Alderman Turner "I move that Case WZ-73-15 at 43 Avenue and Moore Street be denied for the following reasons 1. It is not in conformance with the Land Use Plan. 2 The applicant failed to show that the land could not be used uider the present agricultural zoning 3 Applicant stated land could not be used for farming because of its size but neglected to acknowledge that Agricultural Zoning includes residential uses, in this case 5 single family homes wi+h one each on 5 lots 4. Existence of multiple units to the east is not justification for extending multiple units into an area designated as low density resi- dential on the Land Use Plan. The proposal is an extension, not a buffer. 5. Neighbors adjacent to the property expressed opposition to more multiple units in the area 6 Other zoning classifications, not in conflict with the Land Use Plan and not in conflict with the wishes of the adjacent neighbors might have been requested 7 In attempting to show the land could not be sold under present zoning, testimony indicated only that land could not be sold at a price reflecting anticipated profit 8 Approval recommended by the Planning CommiSSion was based partly on an erroneous assumption, i e. conformance with the Land Use Plan 9 Arguments relative to cost of lift stations were not consistent applicant stated that all units under the multiple unit plan could be placed on one lift station and that with individual homes individual lift stations were so costly as to be prohibitive No consideration was given to the sharing of costs of one station by 5 single family units" Motion was seconded by Alderman Cavarra. MOTION TIED IN A 3-3 VOTE City Attorney McCarthy stated that the 3/4 majority vote rule did apply in this case Aldermen Howard, Hulsey and Merkl voted "nay" Mayor pro tem Donaldson ruled the case was denied due to a 3-3 tie MINUTES - February 21, 1974 - Continued -3- Public Hearinq of alleqed Liquor Violation for Prk-N-Pik Liquors at 9345 Wes~ 44 Avenue was held. Owners Clyde Badger, Phyllis Badger, Joseph Gasperetti and Jennie Lee Gasperetti were present and were represen~ed by Attorney Michael Villano. Attorney Villano stated that they admitted that a violation had occurred Garv Zieqelbaue who had bought the beer and who was under 21 years of age was also present The complete proceding was recorded by Court Reporter Harve Clements. Mayor pro tem Donaldson called a recess for an executive session. Upon reconvening, Motion was made by Alderman Merkl "I move that the liquor license of Prk-N-Pik Liquors at 9345 West 44 Avenue be suspended from February 22, 1974 at 12 noon to March 1, 1974 at 12 noon due to the fact that a violation of the liquor code did occur at this establishment and that is it is the second one within a period of 5 months" Motion was seconded by Alderman Howard and passed 5-0 Resolution No 278 setting the Citizen's Task Force on Mass Transit 01 a permanent basis by means of a Resolution was introduced by Alderman Cavarra and read Motion by Alderman Hulsey "I move that Resolution No. 278 be adopted." Motion was seconded by Alderman Turner and passed 5-0 Ordinance No. 149 amending Ordinance No. 138, Pay Scale-regarding longevity pay was introduced by Alderman Merkl and read. Motion by Alderman Turner "I move that Ordinance No 149 be passed on first reading and that it be published and posted." Motion was seconded by Alderman Hulsey and passed 5-0. The following Mass Transit Committee Appointments were made 1 Helen Howard of 4140 Otis by Alderman Merkl. 2. Dennis R. Floyd of 3255 Fenton by Alderman Turner. 3. Gene C Harlow of 4550 Estes by Alderman Hulsey. Motion by Alderman Merkl "I move that these three people (Helen Howard, Dennis R Floyd, Gene C. Harlow) be appointed to the Mass Transit Committee" Motion was seconded by Alderman Turner and passed 5-0. Motion by Alderman Hulsey "I move that the following members be reappointed to the Mass Transit Committee Ben Chastain, Gary Lewman, Theodore M. Erickson, John Hardaway and Winston A. Hollard." Motion was seconded by Alderman Turner and passed 5-0. The following Arborist Board Appointments were made 1 Ronald T. Davis of 7975 West 39 Avenue by Alderman Cavarra. 2 Vernon True of 4020 Wadsworth by Alderman Turner. 3. Damon Swisher of 4585 Pierce by Alderman Howard 4 Robert Schulhoff of 4422 Teller as Advisor by Alderman Merkl. 5 Dr James Feucht of 3455 Miller as Advisor by Alderman Turner. Motion by Alderman Hulsey "I move these appointments be approved." Motion was seconded by Alderman Ho~d and passed 5-0. Bids for construction & repair for the bridge over Rocky Mountain Ditch ar 32 Avenue and Miller Street were presented by Public Works Director Glen Taylor He stated the bids were allover the estimate due to increased construction costs etc , that the low bid was from Morgan Constructors for $42,997 00, and that an additional $5,500.00 was needed for Contingency, testing, trash rack and inspection making a grand total of $49,497.00 MINUTES - February 21, 1974 - Continued -4- Due to the high cost of the bid the whole storm drainage account would be used up with this project, and it was determined that the monies could be redistributed so that the whole account would not be used up. There is a time element for completion of the project because there will be water in the ditch by May Motion by Alderman Cavarra "I move that Project P W -74-1 contract with Morgan Contructors Inc. be approved at a cost not to exceed $42,997.00 " Motion was seconded by Alderman Turner and passed 5-0 Motion by Alderman Turner "I move that the Mayor license agreement with Rocky Mountain Ditch Company" bV Alderman Cavarra and passed 5-0 be authorized to sign the Motion was seconded Rules of Procedure for Council were presented and discussed by City Attorney McCarthy and John Jerman, City Administrator. Amendments and deletions were discussed by Council and the Rules are to be scheduled for next week, February 21, 1974, in final draft form Meeting was adjourned at 10 35 p.m ~~- . L<-../c u-M lNUf~~71-L/ Ellse Brougham ~ City Clerk APPROVED I ) . '/~1.1 1 .1 t)! . -4~~I-:~ ((/' minutes - 2/21/74 - Page 5 ( \ I i I' J \ }i " // t" ...J C.' -.. // /:. 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