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HomeMy WebLinkAbout01/23/1975 MHJUTES January 23, 1975 The two hundred and seventy-second regular meeting of the Whea~ Ridge City Council was called to order by Mayor Homer Roesener at 7 30 p.m. at 4355 Field Street. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were City Administrator John Jerman, City Treasurer James Malone, City Clerk llise Brougham, staff and interested citizens. Motion by Alderman Turner "I move that the Minutes of January 9, 1975 be approved as presented, and that the Minutes of January 16, 1975 (approval) be delayed one week." Motion was seconded by Alderman Cavarra and passed 6-0. Presentation of a placque expressing apprecialion to the Parks and RE- creation Commission was deferred one week so that more members could be present. Public Comment was made by Ken Alley of 11080 West 38 Avenue stated he was protesting the demotion of Jack Prose who was the Building Inspector of the City. He stated Mr. Prose's interest went beyond his official duties qnd that the investigation of l;he Building Dept. had shown that the department was understaffed, underbudgeted and the ordinances were impractical which Mr. Prose had to enforce. He stated that if past practices are followed, his replacement would nt be a Wheat Ridge resident. Alderman Turner thanked him for his comments. Joan Verges of 4005 Everett Street stated she wanted to make a statement on the rezoning at West 36 Avenue and Wadsworth. Mayor Roesener stated the Public Hearing was closed and no further testimony could be taken. Mayor Roesener reported that he had nqmed two co-chairman to the Citizens for a Better Wheat Ridge Committee who were Mrs. Clare Traylor of 4045 Field Drive and Mr. William Cornelison of 3570 Nelson St. Motion by Alderman Merkl "I move for the approval of Case WZ-74-17 from Residential-Two to Planned-Residential and Commercial Development for the following reasons 1. It was recommended by the Planning Dept. 2. It is best use of the land. 3. There was no citizen opposition. And I further move that this approval be contingent upon approval of the drainage plan by our Public Works Dept, 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 Howard stated he was eligible to vote on the Motion, because he had been briefed by the Planning Department on the case and had also listened to the tapes of the meeting. Alderman Cavarra stated this procedure would set a precedent. Alderman Cavarra stated she was in opposition 1;0 the rezoning because it doesn't conform to the Land Use Plan, it is too intense a use and it would create undue traffic problems. Alderman Turner agreed with Alderman Cavarra and commented that there had been an intense campaign of telephone calls and letters regarding t-his rezoning case, and that testimony etc. should not have been lis1enqd '0 afLer the Hearing. Ques I ion waG called and Hot ior' passed 4-2. Aldermen Turner and Cavarra vot.ed "nay." MIPJU rlS - January 23, 1975 - Continued -2- Case WS-74-03 a ResubdlJision of Stewart Gardens Subdivision al WeSe 38 Avenue and Depew Street by Renear Inc. and John A. Vann was Scheduled for Public Hearing. Mr. David Shelley, City of Wheat Ridge Planner I. srated there were 12 lots for single family homes and thal- one lot lot would be a retention pond. In answer to a question he stated the lots on West 38 Avenue are zoned Residential-Three and the other lots are zoned Residential- One-A. Alderman Howard asked about protective covenants that Stewart Gardens Subdivision had and Mr. Dennis Zwaqerman, Director of Community Development stated protective covenants are private agreements, but that the area that is zoned for Residential-Three would allow multiple family use. It was pointed out that not all the lot frontages complied with the 75' requirements in trn Subdivision Regulations. Mr. Zwagerman stated that Council does have the power to vary the requirements. Mr. Mike Chessnoe, engineer of 15S9S. Grant stated that in regards to drainage they were preserving the existing drainage pattern, and that there would be a retention pond at either end which would gradually release less water at a time than a storm, that a storm drain easement would be put in to tie into a future storm drainage system and he stated Depew Street would be raised so that the water would run down Wesl 38 Avenue. Alderman Howard commented there was a severe drainage problem in that area and on Eaton Street, and recommended that there be a complete drainage study in the areas before proceeding. Dennis Zwagerman stated the engineering plans on the subdivision had been approved, the plan will take care of the water on the property in less than a 100 year flood, and that in his opinion the applicant should not be asked to take care of a problem that is not on his property, and it is a City Qroblem. In answer to a question, Mr. Chessnoe stated there would be 26 units in the apartments. No one appedred in opposition. Motion by Alderman Merkl "I move for approval of WS-74-03, a resubdivision at West 38 Avenue and Depew Street, a resubdivision of Stewart Subdivision for the following reasons 1. It was recommended by our Planning Department. 2. There is no citizen opposition. I further move that all the lots numbered 10 through 15 be adjusted to allow proper frontage for all lots, and that the minimum area requirements of 9,000 square feet per lot be maintained." Motion was seconded by Alderman Cavarra. not Alderman Howard stated the frontage was not proper and it shoul~be approved as presented, and recommended that the applicant withdraw until all the Subdivision Regulations requirements are met. Question~s called on the Motion and passed 4-2. Aldermen rurner and Howard voted "nay." Ii was stated that Rezoning Case WZ-74-31 would be deferred one week. WZ-74-32 Rezoning Case at 11297 West 44 Avenue from Agricultural-One to Commercial-One bV Phillip and Lilliall Edwards was scheduled for Public Hearing. MINUTES - January 23, 1975 - Continued -3- Mr. Shelley, Planner I. sta~ed there are 3 buildings on the propel The Land Use Plan shows low densi y residential, the rezoning woul contribute to strip commercial Bld i1 would be spot zoning and t~ Planning Department recommended denial. The Planning Commission ~ no recommendation as therE was a rie vote. Mr. F. Richard Hite, a.torney at 20 Kipling representing the appl Mr. Edwards stated he planned~o open an antique shop and he woul live in the front house and the t~ird Ouilding would be a storage He stated he Land Use Plan shows low denSity residential in an ar that has subsequently been rezoneD commercial and also across th street on West 44 Avenue is the proper ~ that Brannan Sand & Grave will retain and would like commercial. lventually, he stated West Avenue is going commercial. He stated the land had plenty of park There is sand and gravel deposits on the property but it is not commerciall feasible due to the small area. At the Planning Commi! no one was opposed, and there was a peiition which was signed by M] Edwards neighbors who stated they were rrt Opposed. Alderman Hulsey commented that the Brannan property and its zoning had nothing to do with the park pl3n. Alderman Cavarra stated wher Commercial-One zoning is granted tne proposed stated use for the pr is immaterial, and that Restricted-Commercial would allow small ret stores. Alderman Turner asked if living on the premises was allowed in Comm One zoning, and Mr. Zwagerman stat8d f:he owner or watchman may live the premises in every commercial zune except C-1. Mr. Hite stated that his applicant would agree to amending the appl to a Restricted-Commercial Zoning uihich allows low customer shops a other similar uses. Mr. Zwagerman stated it was his opinion that a antique shop was not allowed in Restricced-Commercial zoning, and that it is specifically listed in Commercial-One zoning for the rea that it may be aesthetically unpleasant. He recommended that it could be turner over the Board of Adjus ment for an interpretation. AldermEn Cavarra asked the applican if he was aware that the land needed rezoning when he bought the ,Jroper y, and he s r.ated "yes" am at the time the realtor said he would get it rezoned. Motion by Alderman Cavarra "I move tha' Case WZ-74-32 at 11297 Wes ~4 Avenue requesting rezoning from 19riculLural_One to Commercial-On be dpnied for the following reasons 1. Denial was recommended by the Planning Department. ~. The Planning Commission gave no recommendation. 3. It would be spot zoning. 4. It 1.8 not compatible wi th the Lar-ld Use Plan." Motion was seconded by Alderman Turf er and passed 4-2. Aldermen Hul and Merkl vot~ed "nay." Resolution No. 364 authorizing in ecting of funds to savings account from the City General Fund was introduced by Alderman Donaldson and was read. Motion by Alderman Turner "I move r;hac ResoluUon 1\10. 364 be adoph Motion was seconded by Alderm8n Donaldson and passed 6-0. Resolution 1\10. 365 urging the passage of legisla ion to allow statute cities to elect one or more council nembers at large was introduced by Alderman Cavarra and was read. Alderman Merkl questioned if 1he Mun cipal League had been informed t the Resolution was passed and the Ci y was backing it. Alderman Caar stated "1\10" emu if this had bean tha information given it was in erro She statad tha Municipal Leagua wOlJlli lobby for Iha bill. ~n, iTS - Jal uary 23, 1975 - Continued -4- Alderman Cavarra sta~ed tha all Home Rule Cl les have _he combina'ion ~ype of legislalion, and hrough cour~ rulings against charters legality and the change in some state laws the drive for home rule cities is grea ly diminished. She s+a1ed this leg:i5laLion would pur no burden on I-he cities, but !~hal rhe option would be allowed. She personally felt it should go !.o a voLe of the people which system should be allowed, and that nothing personal is intended in her supporl of he bill. 81derman Hulsey stated (itl cer Lain insi,ances) is more effective from hat in a sLatutory city the Mayor has a vote and is elected at large, and that representation a smaller area than in the whole City. Alderman Cavarra stated that Mayor cannot vote except in case of a lie, and he cannot vote on Ordinances. She sl-ated she would pursue this j,hrough the local governments committee. Alderman Hulsey asked if Alderman Cavarra was representative to both DRCOG and the Colorado Municipal League. ['lotion by Alderman Cavarra "I move tha I Resoltion ~Io. 3b'J be adopted." Motion was seconded by Alderman Turner and WAS DEFEArED BY A VOTE OF 4-2. Aldermen Merkl, Donaldson, Howard and Hulsey voted "nay." Resolution No. 365 urging support for the adoption of legislation concerning a system of public employer-employee relations was introduced by Alderman Merkl and was read. Mr. Jerman SEi ed this bill was in I he bes t~ interest of Ihe ci !~ies, and left the final responsitdlity of sal<1ries etc. in local governments and the City Council and prohibits the right to strike. He st-aled there are other bills that would place the question of salaries in the hands of an arbitrator which would in effect give ~hem Ihe power to set the tax rate. Mayor Roesener stated the City of Aurora has the se1up of an arbi Lra lor, bu t if the bill was passed it would not mean tha I t~he City would not sit down and listen to employees. Alderman Turner stated ihe City very seriously needs a grievance committee and recommended that the Personnel Committee be designated as a hearing body and stated she wanted this on the March 5th S~udy Session, and if employees under civil service do no! have such a board, that they be included. Motion by Alderman Donaldson by Alderman Merkl be adopted." and passed 6-0. "I move t,hat Resolut.ion 1\10. 3b6 as introduced Motion was seconded by Alderman Hulsey Ordinance amending Ordinance No. 109 concerning speed limits in school zones was announced it would be deferred one week. Alderman Turner questioned why was this being done by Ordinance because the Model Traffic Code had schedules that should have been filled 3 years ago which stated the speed limits for the ci ty streets and thai speed limits cannot be enforced on state highways until these schedules are submitted, and she recommended that the entire schedules be filed. Alderman Merkl recommended that the school speed signs enforce the speed limii- during school hours and/or when lights are flashing. Alderman Donaldson stated he felt there were other streets needed to be included and recommended further study. Mr. Jerman sla~ed there is a cost factor in regards to the flashing lights. Mayor Roesener reported there would be an Executive Session at the end of tonightls meeting. He also stated he wanled Resolutions next week commending Mike Sipes, leacher of the Year, and 3 Jefferson High students. He also sl.ated thaf Lu!heran Hospital asked the Council ~o be gue5~s a a luncheon on he firs! week of February. He stated he wanted Council to turn in names for the Commit tee of Ci izens for a Bel. er Wheal Ridge MINUiES - January 23, 1975 - Continued -5- Approval of R shops and yard foreman classification specification was scheduled. Alderman Merkl requested that the dispat-ching of all city vehicles be in +he du~ues, and that all vehicles be stored at Public Works Dep t. I j- was added Iha L some police cars could be stored 'here too. Alderman Hulsey asked if parking at the church had been checked out for employees 1.0 park I heir personal cars during the week. Alderman Turner asked about ~he possibility of using Frui dale Schoolparking lot, but Mr. Jerman sta ed rh8 Police Dept. had advised against i+ for the safety of the children. Motion by Alderman How~rd "I move we approve the classification of Shops and Yards Foreman." Motion was seconded by Alderman Turner and passed b-O. Mr. Jerman asked if the minor changes suggested such as storage of vehicles, and the elimination of personally obtaining parts etc. could be made. Alderman Turner asked that copies of the revision be distributed. Radio inventory had been distribut ed and Mr. Jerman sLa l~ed tha I. they are in the process of labeling all equipment. Mayor Roesener stated that when units are checked out, he wanted the person responsible to be checked out and signed out. A clerical error correction on Page 67 of the 1975 Budget was distrubuted and was noted. Said error had omitted Accounts 441.51 through 52. A plan for community action program in support of the flood and drainage bond issue and sales tax election on 4/1/75 had been distributed. Recommendation to accept the settlement from Hartford Insurance Co. regarding the damage dictaphone was scheduled. ihe company would provide a new machine less $1100.00 which includes $1,000.00 depreciation and $100.00 deductible. Motion by Alderman Cavarra "I move that we authorize the City Administrator to settle with the insurance carrier, Hartford Insurance, for our claim regarding the Police Dictaphone 4000 recorder." Motion was seconded by Alderman Merkl and passed 6-0. Alderman Donaldson commented t,hat an article in the Sentinel on a rezoning case (WZ-74-17) had stated there were 180 units, and it was an errorbecause there were 80 proposed units. Motion by Alderman Hulsey "I move that Bob Howard be the Denver Regional Council of Governments representative for the City of Wheat Ridge." Motion was seconded by Alderman Merkl. Alderman Cavarra sLated t-he rules say the appointment is for 2 years, she had attended the meetings on the legislative committee for the Municipal League which is now finished, and she felt it was only fair that she be allowed to finish out her term as DRCOG representative, and that it does take time to familiarize oneself. Alderman Turner noted that Alderman Hulsey had served on two positions in 1973 as the Municipal League representalive and President of Council. Question was called and MOTION TIED 3-3. Aldermen Donaldson, Turner and Cavarra voted "nay." Mayor Roesener vot-ed "aye" and MOTION PASSED 4-3. Mr. Jerman stated that Denver Urban Observatory had been hired to write a model personnel ordinance but the person doing it is no longer there, and that there is a grant available for $5,000.00 and he requested aut-horization from Council 10 submit the application. Alderman iurner s I;a I.e d she fel t t hi 5 was cl-he job of the Personnel Offi C8r. Motion by Alderman Hulsey "I move thai we a~thorize the submission of the gran' application for financial assistance under the Colorado MINUTlS - January 23, 1975 - Continued -h- Intergovernmental Personnel Act Program in ~he amount of $6,675.00, of which $5 000.00 is federally funded." MoLion was seconded by Alderman Howard and passed 4-2. Alderman Turner and Cavarra voted "nay." It was decided that no one would attend ~he Colorado Municipal League Meeling on January 30, 1975 due ~o the regular Council Mee~ing. Alderman Turner sta~ed the County had set up a mee ing on HB 1041 and a tour was scheduled on February B, 1975 ~o show ground hazards, and recommended that Council attend the Lour. Mee ing was adjourned a1 11 00 p.m. --, ') APPROVED --1/'( ( -; ) .-' Y-. E_:. I t ,-x. u'>/ ., '-