HomeMy WebLinkAbout01/16/1975
MINUTES
January 16, 1975
The two hundred and seventy-first regular meeting of the Wheat Ridge
City Council was called to order by Mayor Homer Roesener at 7 30 p.m.
at 4355 Field Street.
Aldermen attending were
Hulsey, Larry Merkl and
absent.
Mar V Jo Cavarra, Joseph Donaldson, Calvin
Louise Turner. Alderman Robert Howard was
Others attending were City Administrator John Jerman, City Clerk
Elise Brougham, staff and interested citizens.
Motion by Alderman Turner "I move that the Minutes of January 2, 1975
be approved as written and that the Minutes of January 9, 1975 be tabled
one week." Motion was seconded by Alderman Cavarra and passed 5-0.
Public Comment was made by
Norman H. Anderser of 12495 ~est 32 Avenue stated that at the
hearing to revoke a contractor's license issued to Mr. Reeves it
was stated that this was the only complaint against the contractor.
He stated since the article had appeared in the paper, he had received
notification of others who were dissatisfied with Mr. Reeves' work,
such as one person is in procpss of filing suit against Mr. Reeves,
Mr. Otto Corsini has filed suit against him, and another persor
had Mr. Reeves removed from the building of his house. Mr. Andersen
asked if there was any possibility of another hearing because the
people are willing to testify.
Mayor Roesener stated he had received the report and that his decision
would be based solely on the findings of that report.
Alderman Hulsey requested that there be an Ordinance pertaining to
the speed limits in school zones next week.
Alderman Cavarra stated she had two items that she had wanted to
bring up last week but Council had adjourned so she requested they
be heard now
1. She stated that there is legislation which if passed, would
allow Statutory Cities to elect Councilmen at large but that this is
not required She asked Council to endorse this legislation and
stated most Home Rule Cities rnve this type of representation.
Motion by Alderman Cavarra "I move that the Wheat Ridge City Council
endorse the enabling legislation to elect Councilmen at large." Motion
was seconded by Alderman Turner.
Discussion followed Alderman Turner asked if this should be in the
form of a Resolution. Alderman Donaldson stated he was against it,
and that it would be impossible to talk personally with all the constituents.
Mayor Roesener stated he did not know all of the ramifications. Alderman
Hulsey asked who initiated the proposal. Alderman Cavarra stated there---
had been a meeting regarding this matter, and that she had sought ~heat
~ge support last week, but the meeting had been adjourned. She stated
the intent of the legislation would be a combination of representation,
i.e. some from Wards and some at large.
MOTION WAS WITHDRAWN BY ALDERMAN CAVARRA.
Alderman Cavarra stated she felt too much time had elapsed since the
THK Report had been finished recommending parks and open space 86 ~art
of the Comprehensive Plan. She stated she wanted it scheduled for
Public Hearing immediately.
MINUTES - January 15, 1975 - Continued
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Mr Jerman stared that the THK Report: had been referred t-o j he Planning
Commission by Council for comments, and jhat the Planning Commission
had directed the staff to present their comments and recommendations
which are in process, and also this would be referred to the Park~
and Recreation Department. Dennis Zwagermann, Director of Communl~y
Development s~ated that, the Public Hearing will be as soon as posslble.
Rezoninq Case WZ-74-17 Public Hearing was sc~edul~d which reques~ed
rezoning from Residential-Two to Planned Resldentlal and Commerclal
Development at 7650 ~est 38 Avenue by Henry F. Willis.
Dennis Zwagerman, Director of Community Development stated. the ~ontiguous
zoning is East-Commercial-One, Residential-Three and Reslde~tlal-Two,
West-Residential-Two, r:orth-Residential-Two, Planned Commerclal Development
and Restricted-Commercial, and South-Residential-Three. He stated
the plan is for a planned complex of 80 residential units in two four-
story buildings, and an office building complex which includes a 250
seat restarant. He gave general comments as follows
1. The Land Use Plan shows low density residential.
2. The area is a number two priori~y in the THK Report for a
community play field.
3 The development will have direct access to West 38 Avenue.
rhe Chief of Police has expressed some concern about the need to control
this access by signalization
4 The parking is adequate for the apartments and the commercial
under commercial zone districts. Planned Commercial Developments require
a 3 to 1 ratio but the staff feels the proposed parking which would
be sufficient in other commercial zones is also sufficient in His case
and recommends that Council vary this requirement as allowed for in
1he legal opinion from Mr McCarthy. Proposed ratio is 1 to 1.
5. The drainage plan for the development will be revised for the
final plat- as requested by Mr. Thomas.
6. rhe landscaping is more than adequate-30.4%, however a more
definitive tree planting and landscaping schedule is required.
7. The developer had included in the plat one public access tennis
court in lieu of the usual 5% dedication or fee. The City Parks Dept.
had agreed to this.
8. Lacking Wffi a development schedule of construction and stages,
and a file copy of elevdtions and ~erspective drawings of all ~roposed
structures and improvements. The latter had been received.
9. The Planning Commission recommended approval with restriction
that 5% dedication be set aside for park land or alternate plan to
the satisfaction of the Parks Commission. Planning Staff recommended
approval.
!I)d~l'~-ii~_Cavarra questioned the fact that' the drainage plan was not
attached, and Mr. Zwagerman stated the preliminary plan had been submitted
and is wODable, and a final plan will be received on final development.
.01~nTlan Turner stated I;hat; in a recent rezoning the preliminary drainage
plan had been submitted to the department, and at the final hearing
residents had complained about the drainage, and Council had been told
that that the drainage plan could not be changed. Alderman Merkl recommended
that final approval be contingent on approval of the final drainage plan,
and Alderman Cavarra recommended tabling the decision until the plan
is available because they had been warned in the past about contingency
zoning
Alderman Turner stated the Ordinance required that a time table be
set for completion of the project, and if it is not built then the
land reverts to the original zoning. She also asked how many apartments
would be allowed, and that the intent of Planned Development District
is not to increase the density of the original zoning. Dennis Zwagerman
stated that in essence the applicants are asking for a zone change
from Residential-rwo to Residential-Three.
MINUTES - January 15, 1975 - Continued
-3-
David Deuben, a~~orney at 4315 Wadsworth Blvd. representing the applicant
stated
1. The land is owned by Henry F. Willis of 8015 Melrose Drive, who
was present. Alderman Cavarra asked since the Land Use Plan shows low
density residential, what evicence is there that the property could
not be developed under the present zoning. Mr. Willis stated he
thought the land could be developed under present zoning if the price
was lower.
2. Mr. Deuben stated that the commercial zoning would be
Restricted-Commercial zoning for the office building and Commercial-
One zoning for the restaurant.
3. The surrounding use is not single family, and the area is close
to W. 38 Avenue and Wadsworth, and the development would serve as a buffer
to the west.
4. The applicant's contract purchase buyer would construct 3 tennis
courts with one being built for the use by the City and public, and
the proprty would be retained by the applicants and would be leased
to the City, and the City would maintain it. He statD this would
be in lieu of land that is normally required to be dedicated to the City.
Alderman Hulsey felt the tennis court would be a conflict of interest,
and the court would be in the back of the property and not accessible.
Mr. Zwagerman stated the normal amount of money required (in lieu of
land dedication) would be $6,000.00
Mr Charles DeMoineaux, architect of Loup-Miller Construction
stated he was employed by the developer, and that the tennis court
would approximate the area that would be required for dedication and
that 3 spaces would be allowed for parking and would be designated.
Mr. Deuben sta~ed they had met with the Planning Commission and the
Parks Dept. and after many meetings it was agreed that this would be
the best solution, instead of land dedication and the making of a
tot park erc. He stated the city would pay for the electricity
for lights on the tennis court. Several Aldermen expressed disapproval
to leasing the land to the City when the law required a dedication.
Mr. DeMoineaux also stated it had been discussed to give $10,000.00
to the City for construction of tennis courts elsewhere, and Mr. Deuben
stated this would be preferable to the applicant.
Mr. DeMoineaux stated they were hopeful that some of the residents of
the complex could work at the commercial areas. He stated 30% is
in landscaping, and along the west would be built first. In answer
to a question on height, he stated the office at the perimeter would
be 48', and the apartment buildings at the perimeter will not exceed
35' and the others will not exceed 42'. He stated they did not anticipate
to raise the level of land for the drainage plan. He stated access
would be through the Valencia Apartments to the south on W. 35 Avenue
through the east driveway and to the north on W. 38 Avenue. It was
noted the owners of the Valencia Apts. are the same people. Alderman
Cavarra asked for traffic studies, and stated she felt this should
be part of the plan.
Mr. Boris Voukovitch of Padon Engineers ~ated that in regards to drainage
there was only one option, to drain by gravity to the north to ~est
3B Avenue into the existing drainage system and that the entire subdivision
to the west dumps onto the site and the site is presently an undrained
swamp now. Mr. Deuben stated no basements were planned. A final drainage
plan is not ready because the type of building permitted is not known, nor is
the type of parking lot desired which cDuld be used as retention ponds
and release the water gradually to 33 Avenue.
Alderman
1 .
2.
rurner s tat ed
She had received phone calls from concerned citizens.
It is conflict with the Land Use Plan.
MINUTES - January 16, 1975 - Continued
-4-
Mr. Deuben stated that the surrounding use is not single family, that
the rezoning does not interfer with contiguous use, that the Land Use
Plan is not justifiable and is in error.
Alderman Turner asked if the lad had ever been for sale, and Mr. Willis
stated "No." She stated the Task Force findings had stated thers
were far too much apartment zoninge. The reason givBn for the present
Planned Commercial Development rezoning was that it would stop commercial
development to the west. She stated that prBsently there are a number
of vacancies in office space and apartments. Also she stated that
there are areas in Wheat Ridge where Planned Developments have been
approved and have never been built, and she recommended that it be
stated what segment is to built first and the time it would completed in.
Mr. Jim Erfert, a prospective owner stated they had agreed to buy the
land in sections, and Mr. DeMoineaux stated the office complex would
be built first.
Alderman Turner asked if they had received assurance from the Public
Service Co. and ~r. Erfert stated they would only approve as each
building is built. Mr. DeMoineaux stated approval is not received
formally, but that taps (gas) are available, there are 14,000 taps
not used last year in excess of thewiting list. Mr. Erfert stated
th~would give $10,000.00 for construction of a tennis court, they
would clarify the time limit, and asked if they built faster than the
time schedule if this would be alright, and Alderman Turner said "Yes."
No one appeared in opposition.
Motion by Alderman Cavarra "I move that WZ-74-17 be denied for these
reasons
1. It is not in compliance with the Land Use Plan.
2. There has not been sufficient evidence presented that the
land cannot be developed under the current zoning of Residential-Two.
3. It is too intense a use for the area.
4 It would generate too much traffic for the local streets, and
the Police Department has requested that the traffic generated would
require signalization.
5. And I would further like to read into the record the Minutes
from December 14, 1972 that dealt withfue Planned Commercial Development
of the Shopping area on Yukon, where a representative from the Planning
Dspt. states 'A Planned Commercial Development was better than Restricted-
Commercial, it can be a buffering stop for commercial development.'"
Motion was seconded by Alderman Turner.
Alderman Hulsey objected to the reason that on8XSY~R~~ reason could be
used to stop development, and Alderman Merkl agreed and stated there
was no opposition and it would be a buffer.
Question was called, and MOTION WAS DEFEATED BY A VOTE OF 3-2. Aldermen
Donaldson, Hulsey and Merkl voted "nay."
Motion by Alderman Merkl "I move for the approval of Case WZ-74-17
from Residential-Two to Planned Residential and Qmmercial Development
for the following reasons
1. It was recommended by the Planning Department.
2. It is a good use of the land, it is the best use for the land.
3. There was no citizen opposition.
4. And that this approval be contingent ~on approval of the drainage
plan by our Public Works Department and that a donation of $10,000.00
be required to be paid by the developer in lieu of the parkland dedication."
Motion was seconded by Alderman Hulsey.
Alderman Cavarra questioned if the recommended signalization due to
this development should have the cost borne by the developer. Alderman
Hulsey stated the Police Chief was not a traffic engineer, and Dennis
Zwagerman clarified the Chief's statement which was that he concurred
with what had been done to date but "problems may Occur on the exit,
and it may require signalization, and the matter should be looked into
by Larry Thomas."
MINUTES - January 16, 1975 - Continued
-5-
Alderman Turner stated she would vote against the Motion because
something doesn't becomes a buffer when that use itself is introducing
the uses for which a buffer is needed, there is a surplus of apartment
type zoning, Planned Development Zoning is not supposed to increase
the density, and for the reasons Mrs. Cavarra had stated in her Motion.
Alderman Cavarra stated she was opposed to encroachment of commercial
development into residential areas, and that was her reason for reading
the statement in~o her previous Motion.
Question was called and MOTION WAS DEFEATED BY A VOTE OF 3-2. Aldermen
Turner, Cavarra and Donaldson voted "nay"
Motion by Alderman '-urner "I move that Case WZ-74-17 be tabled for
one week" and upon recommendation by Alderman Cavarra she added
co t.he Motion "for a decision only, and that no new evidence shall
be presented." Motion was seconded by Alderman Donaldson and passed 5-0.
Rezoning Case WZ-74-33 Public Hearing was scheduled. The request
was for rezoning from Agricultural-One to Commercial-One at 9930
West 49 Avenue by Donald Michie. Oennis Zwagerman stated the Land
Use Plan recommends Commercial, the Planning Commission and Planning
Department recommended approval with the stipulation that ROW be dedicated
of 30' from the centerline of West 49 Avenue.
Mr. uonald Michie AND Mr. Steven ~rasa of Moore Realty were present ~nd
it was stated that a shoppette would be made at the location. It was
stated the present structures would be abolished.
No one appeared in opposition.
Motion by Alderman Turner "I move that Rezoning Case WZ-74-33 at
9930 West 49 Avenue requesting rezoning from Agricultural-One to Commercial
One be approved for the following reasons
1. The use is appropriate for the area." Motion was seconded
by Alderman Merkl and passed 5-0.
Minor Subdivision MS-74-04 located at the northwest corner of West 30
Avenue and Lamar Street by Richard D. O'Dell was scheduled for Public
Hearing. Mr. John Grebo, attorney stated that his firm was recently
retained bV the applicant and requested a postponment until he had
had time to review the case. It was agreed the Case be tabled until
February 20, 1975.
A request for change in plans of building and corporate officers for
Red Carpet Inn was scheduled but had been requested by the applicant
to be deferred until Januarv 30, 1975.
Request for authorization to obtain bids on steel forms for the walkways
wa3 scheduled. The cost was estimated not to exceed $4,500.00 and
the cost of renting the forms would be $700/month. In answer to a
question Mr. Taylor stated the furms could be expanded with spacing plates.
Motion by Alderman Merkl "I move th~t Council approve the authorization
to obtain bids on steel forms." Motion was seconded by Alderman Hulsey
and passed 4-1. Alderman Turner voted "nay."
Resolution No. 363 pertaining an appropriate adjustment in the forestry
division to provide money for tree removal to be reimbursed by property
owner was introduced by Alderman Merkl and was read. Mr. Jerman stated
this would involve no additional personnel.
Motion by Alderman Merkl "I move that Resolution No. 363 be adopted."
Motion was seconded by Alderman Turner and passed 5-0.
MINUTES - January 15, 1975 - Continued
-5-
Ordinance No" 155 amending Ordinance No. 102 establishing a ninth
floating holiday was scheduled for second reading, and the title
was read.
Motion to Amend by Alderman Turner "I move that the floating holiday
be changed to a half day befor8 Christmas and a half day before
New Years." Motion was seconded by Alderman Cavarra and WAS DEFEATED
3-2. Aldermen Donaldson Hulsey and Merkl voted "nay."
Motion by Alderman Merkl "I move that Ordinance No. 166 be adopted
on second reading (and be published and posted.)" Motionws seconded
by Alderman Hulsey and passed 5-0.
Ordinance No. 158 approving and establishing a retirement plan for
eligible employees was introduced by Alderman Turner and was read.
Mr. Bartholomew, Personnel Officer stated that vesting was changed
to 30% after 3 years, and that current employees cannot be blocked
from joining at a future date. Alderman Turner asked how the
vesting compared with the Police Pension Fund, and Alderman Cavarra
recommended that an actuarial study be done on the Police Pension Fund.
Questions were brought up on the disability clause (Page 2. (h)
as to who would determine disability and a salary being paid to the
employee.
Motion by Alderman Merkl "I move that Ordinance No. 158 be adopted
on first reading and be ordered published and posted." Motion was
seconded by Alderman Hulsey and passed 5-0.
Mayor Roesener announced the law firm of Maurice Fox had been retained
as legal counsel for the City to be effective 2/1/75.
The radio inventory report was to be deferred until next week.
Motion by Alderman Merkl "I move that the City contract with Centennial
Engineering far design engineering services for traffic signal improvements
on West 44 Avenue from Wadsworth to Kipling Street at a cost not to
exceed $4,500.00 to be charged from Account No. 441.32." Motion was
seconded by Alderman Donaldson and passed 5-0.
Mr. Jerman presented a request for street lighting on Kipling Street on
the east side from West 26 Avenue to West 38 Avenue to be attached to
existing power poles for the reasons of traffic safety because this is
the only major thoroughfare that is inadequately lighted.
Motion by Alderman Merkl "I move that Council authorize the installation
of street lights on Kipling Street from West 26 Avenue to the northern
boundary of the City with the placement to be determined by the Traffic
Engineer due to the present danger to the public health and safety
of the citizens." Motion was seconded b~ Alderman Hulsey.
Discussion followed It was stated there would be a light at each
intersection and 3 lights in between, they would probably be high
pressure sodium lights. Alderman Turner commented the reports that
had been distributed on this subject had discussed 7,000 lumens and
what was being recommended was 40,000 to 20,000 lumens and 1 year
ago there were letters turned in requesting light reduction, and she
asked if consideration had been given to reducing the lighting on Wadsworth.
Question was called and Motion passed 3-2. Aldermen Turner and Cavarra
voted "nay."
Motion by Alderman Hulsey "I move for approval of the statement submitted
bv Alexander Grand & Co., outside auditors for services performed in
preparation of the Annual Audit for the year ended 12/31/74 in the
amount of $1,000.00 to be paid from Account 415.32." Motion was
seconded by Alderman Merkl and passed 5-0.
MINUTES - January 16, 1975 - Contiflued
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Motion by Alderman Merkl "I move that we finish
the Agenda even though i~ is past 11 00 o'clock."
seconded by Alderman Turner and passed 5-0.
the items on
Motion was
Previously authorized purchase of two ~ acre tracts from Charles
Potuzak W3S requested to be authorized from the Conservation Irust
Fund Account, instead of previous authorization from Account 452.15.
Motion by Alderman Merkl "I move that Council authorize the
City Treasurer to transfer the expenditure (for purchase of the PotuzBk
property) from Account 452.15 to the Conservation Trust Fund Account."
Motion Wffi seconded by Alderman Turner and passed 5-0
Alderman Turner questioned hthy this tdaS not from the Open Space Fund,
an~Alderman Cavarra requested a statement of the amount of money the
City had in the Open Space monies.
Approval for City participation in Public Service Jobs Program under
Emergency Job and Unemployment Assistance Act (EJUAA) tD combat unemployment
as authorized by President Ford was requested. Mr. Bartholomew, Personnel
Officer stated the City could possibly receive skilled people and there
is no obligation to keep the people and they could work as long as the
money lasts. He stated they are requesting 7 positions and a tree
trimmer "Iould be one of them. Alderman Merkl asked if the shops and
yard foremsn could be one of the jobs, and Mayo~_Roesener recommended
looking into this pOSSibility.
Motion by Alderman Hulsey
to participate in the EJUAA
Turner and passed 5-0.
"I move that Council authorize the City
program." Motion \JBS seconded by Alderman
Mr. Jerman invited the Council to participate in the Credit Union.
A report had been distributed regarding the claim of the damaged
Dictaphone 4000 at the Police Department and it was noted that
the City's insurance carrier - Hartford Insurance Co. is conceding
liability to reimburse the City for the subject loss.
Alderman Merkl requested that a section be put into the penal code
prohibiting working on cars on bumper jacks, and that the cars
should be blocked.
Motion by Alderman Turner "I move that the Motion to table Rezoning
Case WZ-74-17 be rescinded." Motion was seconded by Alderman Cavarra.
Alderman Hulsev stated this was irregular and the people were gone
who were concerned and that he would refuse to vote. MOTION WAS WITHDRAWN.
Alderman Cavarra stated that DRCOG was concerned that the cities investigate
their proposal on solid waste with a requested 10% capital funding.
Mr. Jerman recommended that a representive of DRCOG come before
Council to explain this matter.
A statement from the Public Works Committee requesting more information
before they could give a recommendation on the West 26 Avenue project
"ith Lakelriood '"as read. Mr. _Jerman Sated his answer would be, if alright
,,'i th Council, that the source of funding ,,'auld be from the unappropriated
suralus and that no other strbet projects would be deleted. He stated
there is urgency for a decision because Lakewood is making up their
,,'ark program no,,!. Alderman Hul~ asked L'hen It'ould Council be getting
the street work program for Wheat Ridge. Alderman Turner recommended
that Council bait for a recommendation from the Public Works Committee
before action is taken.
It was announced there would be an Executive Session on Saturday (1/18/75)
at 9 00 a.m. on personnel matters.
Meeting was adjourned at 11 40 p.m.
APPR9Y1:D 7
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