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HomeMy WebLinkAbout07/11/1974 MINUTES July 11, 1974 The two hundred and fort v-eighth regular meeting of the Wheat Ridge City Council was called to order by Mayor Paul B. Abramson at 4355 Field Street at 7 3D p.m. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson Calvin Hulsey, Larry Merkl and Louise Turne~. Alderman Robert How rd arrived shortly after the commencement of the meeting. Also attending were City Administrator John Jerman, City Attorney William McCarthy, City Clerk Elise 8rougham, City Treasurer James Malone and staff and interested citizens. Motion by Alderman Donaldson "I move that the Minutes of June and July 2 1974 be approved as printed and that the reading be with" Motion was seconded by Alderman Cavarra and passed 5-0. Howard was absent 27 1974 dispensed Alderman Public Comment was made by Mr. Jules Arnstein, attorney requested that Rezoning Case WZ-74-11 be scheduled first under the Public Hearings. Motion by Alderman Cavarra "I move that Item 10.B. (Rezoning Case WZ-74-11) be moved up to Item 10.A" Motion was seconded by Alderman Merkl and passed 5-0. Alderman Hulsev stated he would like to have an Executive Meeting after the regular meeting with the City Administrator and Council and Mayor in attendance. Alderman Merkl presented 4 petitions with approximately 130 signatures of residents in Wheat Ridge that were in favor of the helicopter for the Police flying over the City. Motion by Alderman Merkl "I move Engineer regarding traffic striping earlier on the Agenda to Item B A." Hulsey and passed 5-0. that Item 11.E. (Report of Traffic on West 3B Avenue) be moved up Motion was seconded by Alderman Presentation of paperweiqht momentoes to the Operation Clean Sweep Committee was made. Those present were Mrs. Terry Bechtold, Mrs. Rose Franklin, Mrs. Louise Henderson and Mr. Hank Stites received the momento for Phyllis Rice Report by Traffic Engineer Larry Thomas regarding striping of West 38 Avenue was given. He stated that the traffic count on West 38th west of Wadsworth is 19,000 cars per day and is 12,BOO west of Kipling. He stated that two lanes from Dudley to Kipling are alright for the present and that he recommended west from Wadsworth that there be 4 lanes that are through about 10Yz' in I<lidth and that there be turn lanes of g' in cluding intersections and the Hospital Entrance. Alderman Cavarra stated she had not received any complaints regarding the three lanes, that this did not allow for bicycle and pedestrian safety, and that the people in the area desired to keep the street residential, and that merging at Dudley might present a safety hazard, to which Mr Thomas replied that presently it1the same problem now east of Wadsworth. Alderman Donaldson stated he had received no complaints on the street. Alderman Turner stated she had received 2 calls requesting that it be four lanes to the hospital, 18 calls pleased with the 3 lanes but noting the striping is unuaal, and 15 calls asking what is the lane for _ left turns or emergency Alderman Merkl stated the majority of calls he had received protested the striping MINUTES - July 11, 1974 - Continued -2- Alderman Hulsey stated he had received calls from Ward III protesting the striping and that professional opinions should be relied on. Jack Willis, Fire Chief stated that he had filed some letters and statements from some of the firemen regarding West 38 Avenue 1. They stated that the center lane is used as a passing lane making it hazardous for cars stopped for turning. 2. Some cars turn left from the right lane instead of using the turn lane 3. He also strongly objected to the curb on the north side of the road west of the hospital, stating that people don't see it, especially at night and that the cars bounce off the curb when yielding to emergency vehicles. Hank Stites spoke on behalf of the Chamber of Commerce and said that the traffic should "unwind" beyond the hospital entrance, that there should be an even flow of traffic and that presently the traffic unwinds too fast. Motion by Alderman Hulsey "I move that we restri~ 38th Avenue to the recommendations of our traffic engineer and his professional knowledge." Motion was seconded by Alderman Merkl, and passed 4-2. Aldermen Turner and Cavarra voted "nay." Decision on Rezoninq Case WZ-74-10 was scheudled. Motion by Alderman Howard "I move that Rezoning Case WZ-74-10 decision be continued for approval by the City's engineering department regarding the drainage plan." Motion was seconded by Alderman Merkl and passed 6-0. Rezoninq Case WZ-74-11 was begun. The applicant is Wheat Ridge Nursing Home at 2920 Fellton Street requesting rezoning from Residential-Three_A and Restricted-Commercial_One to Residential-Three_A. Attorney Jules Arnstein was present. Dennis Wiqert of the Planning Department stated 1. The Land Use Plan shows low density residential. 2. The parcel fronts on a local street as defined by the major thoroughfare plan. 3. The parcel does not fall within the designated flood plain area. 4. The Planning Department recommends approval based on the folowing a. It should be noted that the proposed amendment constitutes a more restrictive category and therefore would be upgrading the existing zoning. b The proposed amendment is compatible with the surrounding zoning and land uses. 5. Planning Commission recommended approval. Jules Arnstein of 1700 Broadway, attorney representing the applicant stated 1. That they propose to rezone the entire nursing home to Residential- Three-A to make it uniform. 2. The other parcel had previously been rezoned R-3-A and under dir- ection of Council the fee was waived for this rezoning case. 3. After comment on the parking problem, he stated this would be resolved and that the parking requirements are the same for R-C-1 or R-3-A. It was stated the parking problem has to be resolved before a building permit will be issued. No one appeared in opposition or in favor. Motion by Alderman Donaldson "I move that Case WZ-74-11 be tabled one week for a decision to be rendered on July 18, 1974." .1II0tion was seconded by Alderman Howard and WAS DEFEATED 4-2. Aldermen Hulsey Merkl, Turner and Cavarra voted "nay." Motion by Alderman Merkl "I move that Zoning Case WZ-74-11 at 2920 Fenton Street from Restricted-Commercial-One (and Residential-Three_A) to Residentiol- Three-A be approved for the following reasons There was no opposition registered. It's compatible with the usage of tffil adjacent properties." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay " MINUTES - Jul Y 11, 1974 - Con ti nued -3- Continuation of Rezoning Case WZ-74-09 Public Hearinq was held. The request was for a Planned Commercial Development. Mayor Abramson read a letter from Attorney Thomas Grimshaw who could not be present which stated that he had received a letter from the fire department approving a locked gate etc. on the 39th exit, that the parking spaces are 1 space for 300 sq.ft. of gross floor area plus 1 space for each employee which exceeds the requirements for the majority of other communities. Dennis Wiqert stated the square footage of the landscaping and parking had been added to the plan and in answer to a question, he stated in his opinion this was as complete as possible in the form of a Preliminary Plan. In answer to another q~estion, he stated the Planning Depart.ment had rejected the pOSSibility of continuing Zephyr Street because it would aggravate traffic conditions. William Dawn from the Grimshaw firm was present, and stated there was an urgency for approval due to a time limit on the loan. Ned Parsons, engineer of the project stated he had polled 17 jurisdictions as to their parking requirements and that the number of spaces they are providing meet the majority of these requirements, and that there is 1 parking space for 300 sq.ft. of gross floor area plus 3* per unit for employees. Jerry Thomlison of 14975 West 29 Place, developer stated in regards to a question on the dumping on the property that the owner, Mr. Cook had allowed fill on his property and that he (Mr. Thomlison) had been hauling out the dirt but after the meeting the hauling had been stopped. Jack Willis, Fire Chief stated he would approve a quarter inch diameter chain with a lock as an exit onto 39 Avenue but he was not recommending it, and that two means of access are necessary, that fire hydrants are required and the roofs have to be attached. Ned Parsons stated that the applicant has approved an easement to the City of Wheat Ridge for fire lanes and an easement for fire hydrants, and that the roofs are attached Motion by Alderman Howard "I move that the requirement of an emergency chain be deleted for free access in and out from 39 Avenue." Motion was seconded by Alderman Donaldson. The Chair ruled this was out of order because the restriction had never been imposed. A voted was called to overturn the Chair and passed 5-1. Alderman Cavarra voted "na~." It was indicated that the plan did show a chain restriction Question was called and Motion was DEFEATED 2-4. Aldermen Hulsey, Merkl, Turner and Cavarra voted "nay." Motion by Alderman Turner "I move that in the Case WZ-74-09, the concept presented tonight be approved, but that final Rpproval and change of zoning be conditioned upon a reduction of intensity, specifically from 32 to 24 condominum units and also upon the restriction that any egress into 39 Avenue be restricted to emergency vehicles only as specified and and accepted by Chief Jack Willis. If this reduction and these re- strictions are not acceptable to the applicants that the request for rezoning be denied because of the obvious detriments to the residents of the community." Motion was seconded by Alderman Cavarra. Alderman Hulsey stated he thought this was two Motions. The chair ruled that the prime consideration in the Motion is a reduction of density and if it is defeated then another Motion could be entertained. Question was called and MOTION WAS DEFEATED 4-2. Aldermen Donaldson, Howard, Hulsey and Merkl voted "nay." MINUTES - July 11, 1974 - Continued -4- Motion by Alderman Merkl "I move for the approval of the concept of PCD Case WZ-74-09 with the following stipulations That an emergency crash gate be installed at the north end of the property, that an easement be given to the City for enforcement of fire lane parking violations, that the water district be given an easement to install fire hydrants as they consider necessary" Motion was seconded by Alderman Donaldson and passed 4-2 Alderman Cavarra and Turner voted "nay." Resolution No. 320 a~thorizing returning invested funds to the City's General Fund was introduced by Alderman Donaldson and was read. Motion by Alderman Donaldson "I move that Resolution No. 320 be adopted." Motion was seconded by Alderman Turner and passed 6-0. Resolution No. 321 authorizing account changes in the Revenue Sharing Fund for the purchase of the Police Building and $10,000.00 for additions and modifications was introduced by Alderman Don31dson and was read. Motion by Alderman Merkl "I move for the adoption of Resolution No. 321." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Howard voted "nay." Alderman Merkl stated that his previous Motion regarding placement of curb and gutters etc (on May 2, 1974) and interpreted by the Mayor be withdrawn and that the following Motion be made and substituted "I move that certain policies be established pertaining to walkways, curb, gutter, sidewalks and street striping. I further move that the following policies be adopted A. The Director of Public Works and the Traffic Engineer in cooperation with the community development department determine the specific location of all curbs, gutters and sidewalks as dictated by the results of professional traffic counts and any other professional road use data available B That walkways other tnan sidewalks not be required in any development unless the street has existing walkways or walkways are now under consideEation by this Council C. That in the future the striping of all streets be consistent with road use, as obtained through professional road use studies and traffic flow studies. D The Public Works Director with the concurrence of the Director of Community Development shall decide when and/or if curb, gutter and sidewalks shall be installed and when a development agreement shall be utilized E. The intent of this Motion is to allow our professional staff to do the best possible job in the above areas. No interpretation of this Motion is to be given without prior consent of this Council." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Turner and Cavarra voted "nay " Motion by Alderman of two new traffic to be charged from and passed 6-0. Donaldson "I controllers at Account 731." move that we authorize the purchase a total cost not to exceed $1,750.00 Motion was seconded by Alderman Hulsey Ordinance No. 159 amending Ordinance No. 20 and pertaining to "junk" was introduced by Alderman Merkl and was read. Motion by Alderman Turner "I move that Ordinance No. 159 be amended in Section 14. (c) as follows after the words 'manufactured or natural' add the words 'which has no purpose.'" THERE WAS NO SECOND AND MOTI1N DIED. Motion by Alderman Cavarra "I move that Ordinance No. 159 be adopted on first reading and that it be published and posted." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Donaldson and Turner voted "nay." It was determined that the preliminary budget study session with Council and Department Heads be on Saturday, July 20, 1974, 8 30 a.m. by Motion by Alderman Merkl and was seconded by Alderman Turner and passed 4-2. Aldermen Cavarra and Donaldson voted "nay." MINUTES - July 11, 1974 - Continued -5- The Public Hearing for the Budget was scheduled for August 15, 1974 and notice of the hearing is to be published. A report concerning the grading problem on Hoyt Street at West 38 Avenue was given by Engineer Larry Thomas. He said the grade has been increased from 12% to 14% and that money had not been budgeted to prevent the problem. He estimated it would cost $10-15,000.00 to correct the problem. Citizens were in the audience concerned acr.ut the grade and Mr. Earl Bauman of 3785 Hoyt Street stated that in the wintertime the hill would be very dangerous. It was agreed that the two Council Representatives from that area (Mrs. Turner and Mrs Cavarra) would hold a meeting with the citizens to find out how they wish the problem taken care of and then report back to staff and Council. Mr. Jerman reported the following on the dumping at 35 Avenue and Owens 1. Ordinance No. 85 prohibiting fill within 50 feet of the center line of the drainageway is not applicable because the drainageway is not defined on any existing map of the City. 2. The City Attorney has recommended that a hydraulogical study be made on the effect of placing a pipe through property. 3. Also they should assess if the pipe will interfer with the surface drainage. 4 Mr Jerman recommended that Wright-McLaughlin do this engineering work and defer action until the report is received. Council agreed with this procedure. Alderman Merkl asked if the problem by the Red Barn had been looked into, and Mr. Jerman stated he had directed Mr. Prose to call the health dept. and ~ake steps to clean out the debris." Motion by Alderman Donaldson "I move that we authorize the Chief of Police to attend the International Association of Police Chiefs Conference to be held in Washington, D.C. from September 21 through 26, 1974." Motion was seconded by Alderman Hulsey and passed 6-0. Report on flood insurance eligibility under a new proposed map to be made by Wright-McLaughlin was deferred until July 18, 1974 for more information. Motion by Alderman Merkl "I move that the City of Wheat Ridge contract with Traffic Supplies Inc. In Oklahoma City for the sum of $1,865.20 for sign blanks for the traffic control program to be charged to Account No. 431.62." Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Turner "I move that Council authorize the purchase of Motorola's MODCOM Modular Communication Control Center from Motorola Communications and Electronics Inc. including monitors at a total cost of $5,635.00 to be charged from Account No. 421.54." Motion was seconded by Alderman Cavarra and passed 6-0. Motion by Alderman Turner "I move that the record reflect ~at there is an incorrect figure in the Minutes of February 14, 1974. There is in that record an authorization for the expenditure of $4 897.00 for baseball fencing from Elcar Fence Co The figure should have been $4,987 00 but was stated incorrectly and recorded as such I further move that a notation be made on those Minutes of February 14th referring to this date for the corrected information and that the correct amount be authorized." Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Cavarra "I move that the Administrator and/or Mayor draft a letter to our Congressmen regarding revenue sharing appropriation urging that there be a continuation of revenue sharing and that no re- strictions be placed on these funds." Motion was seconded by Alderman Turner and passed 6-0. MINUTES - Jul y 11, 1974 - Continued - 6- Alderman Merkl asked that all staff remain seated during Council Meetings. Alderman Turner suggested that Council only receive material for meetings once and that it not be redistributed if there had been no change. Council agreed to this. Mr. Jerman recommended that the committee recommended by the Home Builders Assoc. of Metropolitan Denver should be on an administrative-staff level and that a formal committee not be formed. Council agreed. Motion by Alderman Cavarra "I hereby move that the City Treasurer of the City of Wheat Ridge be and is hereby authorized to pay the second half of the 1974 participating member contribution in the amount of $2,200.00 to the Denver Regional Council of Governments and that the said amount be paid out of Account No. 411.2." Motion was seconded by Alderman Turner and passed 5-0. A letter from the City of Lakewood regarding joint acquisition of the Bosick property below Maple Grove Dam was acknowledged. A letter from Howard Buchanan announcing his resignation on the Planning Commission was presented and the Mayor recommended that 2 weeks be allowed before appointment for advertisement. Resolution No. 322 appointing Robert M. Johnson as legal bond con- sultant was introduced by Alderman Hulsey and was read Motion by Alderman Merkl "I move that Resolution No. 322 be amended in Section 2. with the words 'at the rate of' deleted and in their place the words 'in accordance with the schedule of fees in the attached letter dated July 9 1974 from Dawson, Nagel, Sherman and Howard' added." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Turner and Cavarra voted "nay." Motion by Alderman Hulsey "I move that Resolution No. 322 be adopted as amended." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Turner and Ca varra vo ted "nay." Resolution No. 323 appointing Walter F. Imhoff as the City's bond consultant was introduced by Alderman Hulsey and was read. Motion by Alderman Donaldson "I move that Resolution No. 323 be approved." Motion was seconded by Alderman Merkl and passed 5-1. Alderman Turner voted "nay." Meeting was adjourned at 10 50 p.m. APPROVED .~))/ 7/; /7J / 1I, I / / I