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HomeMy WebLinkAbout07/18/1974 MINUTES July 18, 1974 The two hundred and forty-ninth regular meeting of the Wheat Ridge City Council was called to order by Mayor Paul B. Abramson at 7 30 p.m. at 4355 Field Street. Aldermen attending were Hulsey, Larry Merkl and later. Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Alderman Robert Howard arrived Also attending were City Administrator John Jerman, City Attorney William McCarthy, City Clerk Elise Brougham, staff and interested citizens. Motion by Alderman Merkl "I move that the Minutes of July 9th and 11th, 1974 be approved as typed (and that the reading be dispensed with.)" Motion was seconded by Alderman Turner and passed 4-1. Alderman Hulsey voted "nay." Public Comment was made by the following Ellen Caster stated she had a Resolution supporting carpooling and read the Resolution. A number was assigned by the City Clerk and Resolution No. 324 was read by the Clerk. Motion by Alderman Turner "I move that Resolution No. 324 be adopted." Motion was seconded by Alderman Donaldson and passed 5-0. Marv Purdv of 12425 West 19 Place stated she had read that the proposed 1975 budget had included walkways and she wanted to thank the City for providing for them. It was pointed out that the final budget had not yet been approved. Kenneth Adams of 3505 Marshall requested that the drainage problem in his area which is of long standing nature be included in the budget. Mr. Bill O'Neil of 4424 Everett Drive stated that on behalf of the Wheat Ridge Football Assoc., that they urge that Council accept the proposed redevelopment of Prospect Park. Mrs. Jeanne Merkle of 3891 Estes stated that the street and bicycle path along West 38 Avenue is an inferior job and that it was not planned. There are telephone poles and street signs in the middle of the bikeway, in some places the path is above the street making it dangerous if the bike slipped off it would go right into the traffic due to the 4 lanes, she is unhappy with the 4 lanes, and she would like to see a separation between bicycle paths and the street traffic. Mrs. Helen Cook of 8740 West 38 Avenue questioned the striping on West 38 Avenue and wanted to know who ordered the striping on it, and said the street is residential and the people had repeatedly expressed that the street be 2 lanes and they have been ignored. Mr. Bill Love of 3005 Aenon representing the Wheat Ridge Junior Baseball Program spoke in favor of the redevelopment of Prospect Park. Mr. Jerman announced a correction in the Wheat Ridge Sentinel dated 7/18/74 which said he wes opposed to the study of the Building Department. He stated he was not opposed. Alderman Turner also announced a correction of the same article stating she was an instigator of the investigation. She stated had not been an instigator and had not been involved in the plan. Presentation of paperweiqht momentoes for past and present members of the Planninq Commission and Police Advisorv Board were given out. Members present were Dr. Otto Bebber, Calvin Jenks, Leland Stewart, James O'Brien, Mrs. Kay Ore, Homer Roesener, and Mr. Moss picked up the paperweight for Mrs. Moss. Approval of Agreement with Wriqht-McLaughlin for making a flood plain-drainageway map was scheduled. Mr. Jerman stated this new map would not jeopardize the flood insurance as long as it has been approved by the Water Conservation Board. Motion by Alderman Turner "I move that.Counc~l and the ap~ropriately . named people enter into this agreement wlth Wrlght-McLaughlln (Per thelr letter dated June 28, 1974.)" Motion was seconded by Alderman Donaldson MINUTES - July 18, 1974 - Continued -2- and Motion passed 6-0. Application for chanqe of ownerShip for Club Corner Inc. (formerly Club Corners Bar & Nite Club) was heard. Court Reporter Harve Clements was present to record the proceedings. Class G is the present liqunr license. James Cain, attorney was present to represent the applicants. Applicant Walter Weldon of 8781 Pierce Way and Barbara Langdon of 6390 Poplar, Commerce City were present. Mr. Russell D. Tharp of 1950 Trenton was not present. Both applicants stated they had never been convicted of a felony and they had previously been partners at the Keyboard Lounge. No one appeared in opposition or in favor of the application. Motion by Alderman Cavarra "I would move that the application for change of ownership of Club Corners Inc. at 6551 West 44 Avenue for Class G license be approved to the new owners of Walter L. Weldon, Barbara L. Langdon and Russell D. Tharp (dba Club Corner Inc.)" Motion was seconded by Alderman Turner and passed 6-0. Application for Special Events Permit to sell 3.2% beer at the Carnation Festival on August 22, 1974 by the Wheat Ridqe Chamber of Commerce was presented. Mr. Harry Boorman of 3500 Miller was present representing the chamber. It was questioned if the intent of the law was being bypassed because the Festival Committee had obtained a license at the same location for the next two days, and the time limit for such a license is 2 days. The City Attorney ruled that this application was legal. There was no one in opposition or in favor of the permit. Motion by Alderman Turner "I would move that the Special Events 3.2% License be granted to the Chamber of Commerce for the 22nd of August and that a fee of $1.00 be paid to the City." Motion was seconded by Alderman Merkl and passed 5-0. Minor Subdivision Case MS-74-o2 Public Hearing was scheduled. Orville Lockhart was present and the subdivision is located at West 38 Avenue. Applicant 12365 Dennis Wiqert of the Planning Department stated 1. The zoning of the proposed subdivision is Residential-One. 2. There are two tracts - Tract B presently has a house on it, and Tract A is a proposed house site. 3. Access to Tract A would be a private easement. 4. The Planning Department and Planning Commission recommend approval. 5. The applicant will put in sewer line with stubs for Tract A development. Mr. Orville Lockhart was present. No one appeared in opposition or in favor. Motion by Alderman Merkl "I move for the approval of Minor Subdivision Case MS-74-o2 at 12365 West 38 Avenue for the following reasons 1. It was approved and recommended by the Planning Commission and Planning Department. 2. There was no opposition." Motion was seconded by Alderman Turner and passed 6-0. Minor Subdivision Case MS-73-13 Public Hearing was held. was by Martha Moder to subdivide property located at Reed West 31 and 32 Avenues. The application Street between Mr. Moss, realtor was representing Mrs. Moder (Who was present) and he stated on the two tracts that on Tract 1 there was an existing house and it was proposed on Tract 2 to put a duplex. Dennis Wiqert of the Planning Department stated 1. The present zoning is Residential-Two. 2. Planning Commission recommended approval contingent on a 5' ROW dedication on West 31 Avenue if possible. 31 Avenue is 40 feet. 3. T,ere is a 25' easement over Rocky. Mtn. Ditch for a bridge to provide access from Tract 2 from 31 Avenue. MINUTES - July 18, 1974 - Continued -3- 4. The bridge may cause engineering problems because of the steep grade necessary between 31 Avenue and the top of the ditch. 5. The applicant has a permit from RockV. Mtn. Ditch to build the bridge. 6. There cannot be access to 32 Avenue because it would infringe on other property owners. Mr. Donald Moss of 6490 West 44 Avenue, realtor stated 1. That the applicants had been working on this since January 1973. 2. That a variance had been granted for one home, that there are existing structures and no access is available on West 32 Avenue. 3. That they have a license from Rcky Mtn. Ditch Co. at a fee of $200 to build the bridge. 4. That on the bridge there would be a fall of 1'8" from the top of the bridge to the street level. He presented an engineering plan of the bridge. 5. That the applicant will pay the parkland deposit requirement of $75 per unit. 6. That the lateral ditch did not appear to be used or cleaned. Council questioned tmfollowing The clarity of posting the signs which were obscured by bushes, the fact that the lateral ditch is not on the plat and perhaps elevations should be on it, if 25' easement would be adequate for a future bikeway, if the bridge would cause the flooding problem to be increased by being an obstruction, and the grade required to end the bridge within 5 feet to meet the street. No one appeared in favor. Speaking in Opposition were Homer Roesener of 2965 Quay who stated 1. The posting of the property was bad and illegible due to rain. 2. Quay Street is a cuI de sac and is too narow presently for the traffic. 3. He questioned if the bridge plan was a profile (which it was) and stated that there will be a drop of 20" from the bridge to the street. 4. That the lateral ditch is maintained and is not abandoned. 5. During winter the cars won't be able to get onto the bridge because of ice and they will park on the street. 6. He requested that City Engineering look at the bridge plans. 7. He is not opposed to the land being developed but he is concerned with the traffic increase and the narrow street. Delores Vidick of 2950 Quay Street stated she agreed with Mr. Rosener. Mr. TrickIer of 3090 Reed Street stated there is a drainage problem already and when it rains etc. it runs off on Reed to Quay and into his back yard, and this would cause increased runoff. Mrs. Dorothv Roesener of 2965 Quay questioned if in case of fire could fire trucks get over bridge. It was pointed out that a hydraulogical study had not been done on this plan, Mr. Jerman was directed to check with the Building Inspector to see if the building on the east of 31st & Quay in process of being built was on the flow channel. A poll was taken showing 14 persons present in opposition and the consensus was if drainage and traffic problems could be solved then they would be unopposed. Mr. Moss 1 . 2. but they problem. summarized It was not their intent to harm the neighborhood. They would try to ~ve the problem, they can't dedicate 5 feet could provide 2 additional parking places to help alleviate the MINUTES - July 18, 1974 - Continued -4- 3. a 2 unit 4. That all the preexisting problems can't be solved by burdening site with all the solutions. He felt the only additional runoff created was by the driveway. Mr. Roesener summarized 1. That the ingress and egress from the property will create a traffic problem. 2. That there is a drainage problem and water stands. 3. If they build a concrete ramp entryway a wide opening would be required for swing. Motion by Alderman Turner "I move that Minar Subdivision Case MS-73-13 be continued far two weeks for additional testimony from both engineering and fire departments and any other pertinent information that was re- quested, and fallowing that input a decision by Council be rendered." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 158 amending Ordinance No. 98 - Zoning was scheduled for second reading. Alderman Cavarra had distributed several amendments. Motion by Alderman Cavarra "I move that Ordinance No. 158 be tabled for second reading until next week (7/25/74.)" Motion was seconded by Alderman Turner and passed 4-2. Aldermen Howard and Hulsey voted "nay." Reports from the following were given; Mavor Abramson stated he had distributed a memo requesting clarification regarding Alderman Merkl's Motion of July 11, 1974 concerning curb and gutter placement etc. Mr. Jerman, City Administrator gave his recommendation on the Prospect Park development and passed out the staff's individual recommendations. He stated that the lake could be a hazard and that it should be refilled, that the Berbert house etc. be given to the City and only the land be paid for out of Open Space funds, that expansion of the park will increase the parks operating budget, and final decision is not urgent because the Denver Water Board project has been delayed. Mr. Maurice Fox, attorney representing Brannan Sand & Gravel stated he had a letter from Coors Co. stating they were willing to work with Brannan and are fully apprized as to the plan and the extent of their involvement and distributed the letter. He presented the plan to the public on the redevelopment of the park which was presented to Council on July 2, 1974 and recorded in those Minutes. In response to Mr. Jerman's recommendations he stated that the cost of rehabilitaion would exceed the cast of the gravel if the fill was replaced, that under their proposal of Phase I. the ball diamonds would not be lost far a period of time, that the cast of filling the lake would be pro- hibitive at a cast of $1/yard for 300,000 cubic yards, that the building could not be donated. That gravel is a resource in limited supply that is needed by the community and that after the mining iEre would be a recreational area available and that the City of Wheat Ridge has no lake parks at the present. In answer to questions Mr. Fox stated payment by the City could be in 1975 and ~6, that the site for commercial use was appraised by Wheat Ridge Realty at $30,000.00, that there would be a rack crusher at the site and there would be extraction, crushing and removal, and that the time of completion is for 3 years. Mr. Warren Cruise of Brannan Sand & Gravel stated that the company's operations meet the state's regulations regarding sound, noise and dust pollution and that they are prepared to have drainage, waterway and underground studies and to comply with flood plain laws. Nancv Snow of 11155 West 40 Avenue questioned if the Berbert house property could be sold to another party and how much was required by Brannan far their proposed commercial site which was answered as $52,000.00. Speakinq in Opposition was Tom Burke of 11315 West 40 Avenue who complained of the noise from MINUTES - July 18, 1974 - Continued -5- the crushing operation, that the other operation had been heard by him, the City can't afford the park and it doesn't need 2 lakes. Ruth Wilmore of 11301 West 40 Avenue complained of the noise. Garv Lewman of 4355 Pierson stated that the ball park will be close to his house which is noisy and that he felt lakes were dangerous. Steve Pischke, Acting Director of Parks and Recreation spake in favor of the project and stated the following 1. That the City will be buying parkland regardless of the location in the City and that this is an ideal offer. 2. That the lake can be stocked by the State Game and Fish. 3. There can be boating and fiShing on the lakes. 4. That initially the park can have a law key operation with the present personnel. 5. THK report recommended maintenance of Greenbelt. 6. the Park and Recreation Commission recommended that the project be approved. Council suggested that there could possibly be an island for a bird refuge on the Coors lake, the liabilities regarding a lake should be researched by the City Attorney, and that the commercial rezoning will be decided on its own merits only. Motion by Alderman Turner "I move that the Prospect Park Redevelopment Plan be studied by Council and that a decision be rendered in two weeks (on 8/1/74.)" Motion was seconded by Alderman Cavarra and passed 6-0. The flood insurance eligibility question which was scheduled next on the Agenda was answered previously under the agreement for Wright- McLaughlin Agenda item. Mr. Jerman announced that DRCoG had $5,500.00 in funds far planning assistance and recommended that Council authorize application for a consultant for the Comprehensive Plan, and ather projects. Motion by Alderman Merkl "I move that the City Administrator be author- ized to seek a planning assistant to be paid for out of DRCoG 701 Funds." Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Merkl (regarding adjournment at Turner and passed 6-0. "I move that we suspend our Rules of Procedure 11 00 p.m.~" Motion was seconded by Alderman Mr. Bartholomew Director of Personnel presented a study he had done on positions in the City with the title of Secretary and his recommendations that there be created the fallowing positions, Secretary I, II and III and an Executive Secretary single position for the 1975 pay ordinance. The Personnel Committee recommended that all the Clerk etc. positions also be audited before this proposal be implemented. Resolution No. 325 authoriZing a Personnel Schedule in the Police Admin- istration Department change for a Secretary II position was introduced by Alderman Cavarra and was read. Motion by Alderman Donaldson "I move that Resolution No. 325 be adopted." Motion was seconded by Alderman Cavarra and passed 6-0. The City's Revenue Report was presented by Mr. Jerman for the month of June. A total of $175,000. has been withheld from departments to cover re- duced revenue. Mr. Jerman stated the Division of Local Government had an Elgin Pelican III street sweeper equipped with a pressurized cab with bubble windows for a dust environment for the driver at a price of $20,356.00 for delivery in 180 days. dIt ~as explained thaththey are presently advertiZing for a street sweepe~AOMc~use only one of~8'mployees have now applied for the promotion, and that also the present equipment is very dusty for the driver. MINUTES - July 18, 1974 - Continued -6- Motion by Alderman Donaldson "I move that Council authorize the purchase of the Elgin Pelican III street sweeper from the Division of Local Government at a price not to exceed $20,356.00 (to be charged from Accounts 431.44 $356, and 432.24 $20,000.00~" Motion was seconded by Alderman Turner and passed 4-2. Aldermen Howard and Merkl voted "nay." Alderman Merkl responded to Mayor Abramson's request far clarification of his Motion, and made the following Motion "I move that my Motion dated July 11, 1974 an the AgendB in the part that says 'no interpretation of this Motion is to be made without prior consent of Council' be clarified to read 'no interpretation of this Motion is to be made by the Mayor.'" Motion was seconded by Alderman Howard, and TIED 3-3. Aldermen Turner, Cavarra and Donaldson voted "nay." Mayor Abramson voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Alderman Donaldson "I move that in Alderman Merkl's Motion regarding curbs, gutters, sidewalks, street striping etc. as adopted by Council on July 11th, 1974, the sentence in part E. regarding interpretation be repealed. And, as a point of clarification, I further move that the previous Motion by Alderman Turner adapted by Council on May 2nd, 1974, an this same subject and also regarding development agreements be upheld as interpreted by Mayor Abramson." Motion was seconded by Alderman Turner and TIED 3-3. Aldermen Merkl, Howard and Hulsey voted "nay." Mayor Abramson voted "aye" and MOTION PASSED 4-3. Meeting was adjourned at 12 15 a.m. Wd ~ e -ft' . 1i: -:2.x:,/ Q )!; ffi-t;! / d 'J1/L,/ "8e Brougham \ City Clerk APPROVED r-- ") //ct1/Q '), /- h!