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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 -2- 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 -7- 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 '- . Ie; 0 r: V~~- / / 'I 1-" - J -~c/ ._) f /--