HomeMy WebLinkAbout05/22/1975
fVlII\IUTES
May 22, 1975
T~e two hu~dred and eighty-seventh 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 prese~t were Mary Jo Cavarra, Joseph Donaldson, Robert Howard,
Calvin Hulsey, Larry Merkl and Louise Turner.
Also attending were City administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone
staff and interested citizens.
Motion by Alderman Cavarra "I move that the Minutes of May 8, 1975
and May 15, 1975 be approved as printed and that we dispense with
the reading of them." Motion was seconded by Alderman Donaldson and
passed 5-1. Alderman Merkl voted "nay." Alderman Turner stated she had
listened to the tapes of the meetings.
Motion by Alderman Turner "I move that the Minutes of April 3, 1975,
April 17, 1975 and April 24, 1975 be approved as written." Motion
was seconded by Alderman Cavarra and TIED 3-3. Aldermen Howard,
Hulsey and Merkl voted "nay." Mayor Roesener voted "aye" and MOTIOI\I
PASSED 4-3.
It was announced that Item 4.B.1. a Report of the 1975 Budget and pay
adjustments would be deferred until 5/29/75 so that options in the
Public Works Budget could be researched more thoroughly.
Public Comment was made by
Stan HubbelJ of the Parks Dept. and a member of the Employee
Council stated he wanted to thank the City Council for listening
to them and formng the Employee Council.
hen Fitzpatrick of 4565 Yarrow submitted petitions with 120 names on
them requesting that Yukon Street be made a through street from
w. 44 Ave. to W. 45 Ave. to alleviate the traffic problem and for
emergency vehicles. He stated that since he had appeared last week
a counter had been placed on Tuesday, but he felt it should be placed
there on the weekend. Glen Taylor stated that could be done.
Mr. Fitzpatrick stated the police had set up a radar trap but they
could not be there all the time, and he had to make arrests and
hold the people there until the police came, City Attorney Fox
advised him that it would be best for the police to handle most
or all of the problems.
Alderman Cavarra requested to bring up an item not on the Agenda.
She stated she had voted in the affirmative for Resolution 1\10. 391
and would like it reconsidered. She stated the Minutes of 5/8/75
reflected the basis for her vote, and then at the 5/15/75 meeting
the Ytent of the Resolution had been substantially changed. Mayor
Roesener stated this should be on the Ag3nda next week.
Alderman Turner stated she had listened to the tapes of the meetings
she had missed. She recommended that the employees who would be
patrolling the Greenbelt on horseback should have training ir1 the
handling of horses etc. and stated that Hillcroft Stables has a
training program for $35 per person. She also stated that she had
received calls from citizens concerned about the route of the Denver
Water Board pipeline and recommended that Mr. Jerman, City attorney
Fox and Ralph Johnson, City Engineer study the ordinance and contract
with the Denver Water Board. She also stated in heT absence she
had left votes on matters thac had been previously discussed and
that honoring such votes had been the procedure in the past, but
they were not recognized. Alderman Hulsey stated the procedure in
the past had been to leave a vote on a decision on a zoning case.
Alderman Turner stated there was nothing written stating it only
had to be for zoning cases. Mayor Roesener stated the City Attorney
had ruled that the votes could not be cOJnted, and he had given them
back to the CiLy Clerk. Alderman Turner stated one or two of the
items she had left a vote on had come up at an executive session,
and she requested clarification from the City Attorney on what
is allowed regarding leaving votes in one's absence.
MINUTES - 5/22/75 - Continued
-2-
Decision on Rezoning Case WZ-75-05 on Kipling between W. 35 Ave. and
W. 38 Ave. from R-3-A to PCD was scheduled. '~3500 KiplinQ approximately)
Alderman Cavarra requested a statemen~ from City Attorney Fox as to
whether the gross floor area and the required parking ratio were
being met. City Attorney Fox deferred to Mr. Zwagerman who stated
in his opinion the plan meets the criteria. A short recess was called
for Mr. Fox and Mr. Zwagerman to go over t.he plans.
Motion by Alderman Merkl "I move for approval of the Planned Commercial
Development (Case WZ-75-05), a change in rezoning from Residential-
Three-A to Planned-Commercial-Development between West 35 Avenue
and W. 38 Avenue on Kipling because it was recommended by the Planning
Commission and Planning Department." Motion was seconded by Alderman
Hulsey and passed 4-2 Aldermen Turne,-' and Cavarra voted "nay"
Alderman Cavarra stated she would voted against the Mo'ion because
the rezoning was not in conformance with the Land Use Plan and
the evidence did not justify amending the Land Use Plan, the residents
opposed the rezoning and this would be strip zoning
Public Hearinq for rezoning property from Residential-Two to Planned
Industrial Development at 4850 Ward Road by Al C. McLean was deferred
one week. (Case WZ-74-30).
Public Hearing for Case WZ-75-06 rezoning property from Residential-One-A
to Planned Residential Development at. 4242 Jellison Street by Ralph
and Charles Deorio was held.
David ShellevZoning Administrator stated there had been opposition
so a mini-comprehensive study of the area had been done to determine
the relative land use as compared with the surrounding area. The area
in general, was in excellent condition. The staff did not make a
recommendation to the Planning Commission stating they could not judge.
The Planning Commission recommended denial. The utilities could be
provided and a fire hydrant is required on Iris Court. The Planning
Commission also recommended changing the Land Use Plan from medium
density to low density residential.
Dennis Zwaqerman, Director of Community Development stated the Planning
Dept. had at first recommended approval at a preliminary hearing but.
then had reanalyzed the area. He stated the question was whether
the area should go from single family housing and the staff felt it
should not. Alderman HUsey asked if amending the Land Use Plan
was usual, and Mr. Zwagerman stated it would be done as needed. He
stated presently in this area the plan is not in conformance with t.he
land use.
Alderman Turner asked how many units are present.ly allowed and was
told "4 or 5' and the proposed development would allow 10 units.
Alderman Howard stated that the Planning Commission first amended
the Land Use Plan, and then denied the rezoning based on the change
Mr. Zwagerman stated that was one of their reasons for denial. Alderman
Howard also quest.ioned whether the Planning Commission has the authority
to amend the LUP. Mr. Zwagerman stated "Yes "
In answer to a question, Mr. Zwagerman stated the people in opposition
were concerned about the sewerage and apartment type rental units.
Alderman Cavarra questioned whether the people opposed were adjacent
property owners which could make a difference in the vote required.
Applicants Ralph and Charles Deorio were present. Consulting Engineer
Dave Rice stated the development was for 5 planned doubles. The structures
were planned for the flood plain. The proposed doubles would serve
as a buffer. The duplexes are in conformity to t.he indicated medium
density. He had checked with Engineer Mr. Lane who had stated it will
no effect the sewer. If the area was developed as single family, there
would be a high cost on the lot. This was planned 1,0 be an investment
for the owners for the retirement.
MINUTES - 5/22/75 - Continued
-3-
Alderman Turner asked if there was anyone from the neighborhood to
speak in favor, and no one appeared.
The buildings were designed upon the recommendations of Wright McLaughlin
Engineers Alderman Turner stated that no building was in ~e flood
plain and asked how high the fill was. Mr. Rice stated it is not
fill but is banking against the foundation wall and the elevation
of the garage is 2' above the flood plain and it is 5' higher than
the sl.reet and that it will blend into the grade to the north and
drain into a retention pond. Mr. Rice also there will be 1000 sq ft.
per unit..
Alderman Turner questioned if this area is used as a transition area
for the present structures, then perhaps it could be used as a stepping
st.one for other rezonings.
Mr. Rice stated the land should be rezoned because it is highly impractical
to develop it with 5 single family residences due to cost, and the
duplexes allow an economical type of development which does not have
a high multi-family residential impact on the area.
Alderman Turner stated the regulations of the City state that a
Planned Residential Development is not supposed to raise the density
allowable unEr present zoning. Mr. Rice stated~e planned development
allows the proper recreational and open space and clustering may occur
which could make a higher density, but the sole single intent cannot
be to obtain increased density.
Ralph Deorio stated they plan to rent to older retired people and that
they will retain ownership. Charles Deorio stated they had complied
with the flood plain and park regulations.
Speakinq in Opposition was
Tom Hines of 4301 Jellison stated that when apartments were built
in the area the irrigation ditch became littered. He and his neighbors
were long time residents. He felt the increased traffic would be
harmful and it is now a deadend street. He stated the area should
be reclassified to low density housing.
Dennis Zwagerman read a letter from Paul C. Rechel in opposition
City Attorney Fax stated the Land Use Plan has not been amended by
the Planning Commission because the Statutes state it must be made
by Resolution, pass~by 2/3 of all members, and the change is made
subject to the approval of the City Council. The issue is the zoning
change, if made, changes the Master Plan and also approval of the
Preliminary Plan will be made. In regards to the 3/4 vote rule
he stated there had been no showing where the frontage or rearage
of the property is. He stated rezoning should not occur because it
is liked or not, but it should be rezoned if the land is in compliance
with the Master Plan and if it is not rezoned, then the Council is
acting arbitrary The Council should also consider whether a showing
has been properly given indicating the property cannot be developed
with the existing zoning.
Motion by Alderman Hulsey "I move that Case WZ-75-06, applicant Charles
and Ralph Deorio at 4242 Jellison Street requesting rezoning from
Residential-One-A to Planned-Residential-Development be approved and
that the preliminary plan be approved because it meets the existing
Land Use Plan and met approval of the flood plain requirements by
the Board of Adjustment." Motion was seconded by Alderman Cavarra
and passed 4-2. Aldermen Turner and C8varra vot.ed "nay."
Resolution No. 393 honoring LaVeta Trezise, retiring teacher for Jefferson
County R-1 Schaal District was introduced by Alderman Donaldson and was
read.
MINUTES - 5/22/75 - Continued
-4-
Motion by Alderman Turner "I move thai Resolutiorl No 393 be adop'ed "
Motion was seconded by Alderman Hulsey and passed 6-0
Resolution No. 394 concurring with RTD's proposed Amended and Restated
Public Transport~on Plan was introduced by Alderman Howard and was read.
i"lotion by Alderman Hulsey "I move that Resolution No. 394 be approved
as r8ad." 1"lotio'i was secorided by Alderman Donaldson and passed b-O.
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f'ilotion by Alderman Turner ".!. move Ulat Reo;olution '"0 ~B8 w ich was
passed on 5/8/75 pertaining to the park and ride proposal by RTD be
renumbered to Resolution No. J9= because the Resolution was assigned
a number which was in use, and I also move that a notation be made
pertaining to this actio- on the Minutes of 5/8/75." Motion was
seconded by Alderman Cavarra and passed 6-0.
Resolution transmitting revised flood plain map prepared by Wright-
McLaughlin Consulting Engineers to the Colorado Water Conservation
Board was scheduled. The wording of the Resolution was questioned.
Motion by Alderman Merkl "I move that Item 3.0. (resolution pertaining
to revised flood plain map) be tabled one week." Motion was seconded
by Alderman Turner and passed 5-1. Alderman Hulsey voted "nay."
Mavor Roesener stated he had received a Memo from City Attorney Fox
stating that the simple paving or overlaying of existing streets
by the City of Wheat Ridge does not need the prior Planning Commission
approval.
Mr. Jerman explained the Public Employers' Group Inc. proposal which
would allow cities to join to make uniform pay scales and benefits etc.
through an intergovernmental agreement.
Motion by Alderman Cavarra "I move that Council authorize the Mayor
to enter into an agreement and become a member of the Public Employers'
Group Inc." Motion was seconded by Alderman Hulsey and passed 6-0.
Payment of the police liability insurance premium was scheduled. This
item was deferred until later on in the meeting to correct the account
numbers. Alderman Merkl questioned why the request was brought so
late before Council when the purchase requisition was dated 5/7/75.
Mr. Jerman stated they had to obtain the different rates from the police
department on the duties assigned to the officers.
A letter from HUD was acknowledged that stated Wheat Ridge was #12 out
of a possible 14 for possibly receiving SMSA Discretaionary funds.
Payment of the city property insurance premium was scheduled.
Merkl stated that perhaps better rates could be obtained and
why it was so late coming before Council.
Alderman
questioned
Motion by Alderman Turner "I move that Council authorize payment of
the city property insurance premium (in the amount of $7745.00 to Gallaher
Agency.)" Motion was seconded by Alderman Donaldson and passed 4-2, and
Aldermen Howard and Merkl voted "nay."
The Revenue Report through 4/30/75 had been distributed and Mr. Jerman
stated that revenues are up, and that the City is holding back on
e~penditures.
City Attornev Fox stated that Lakewood had determined that they had
no further responsibility to potential damage of drainage at W. 32 Avenue
and Quail due to a pipeline they put in and that they had had an engineering
study made and that the development there had existed prior to the city's
incorporation.
MINUTES - 5/22/75 - Continued
-5-
Alderman Cavarra stated she had al lended a meeting regarding the
interchange plan for 1-75 at 1-70 and Wadsworth, and the revised
plans would not encroach on Johnson Park, however this was not
finalized.
Motion by Alderman Merkl "I move we authorize payment of the police
liability insurance premium in the amount not to exceed $4,199 00
to be charged to the following accounts
Account 420.36 - $ 79.78
Account 421.35 995.72
Account 423.36 565.31
Account 422.36 2427.02
Account 425.35 130.17."
Motion was seconded by Alderman Donaldson and passed 6-0.
Mr. Jerman stated there would be funeral services for a city employee,
Argyl Duncan at Chapel of the Flowers at W. 52 Ave. and Wadsworth,
and that he was a fine employee and would be missed.
Mr. Jerman stated that he had sent a letter to Centennial Engineers
to make plans for street projects in the month of June, and bids
would be awarded around July 1, and work would be completed by Sept 1.
The projects are paving gravel streets with 6 segments equaling 3/4 mile,
and the second project is resurfacing existing pavement with 11 segments
totaling 5 miles.
Ward Horton, Director of Parks and Recreation was present and stated
that the Parks Commission had requested the Council to remove from
the table their former recommendation of property acquisition near
the Sod House at W. 46 Ave. and Robb. He stated they would like an
opinion of value for the land and an application to be made to the
Open Space Committee. He stated the prices had been lowered Lot 19
which the Commission felt was necessary to preserve the historical
integrity of the area was for $6,500.00, and Lot 16 on Robb was for
$9,250.00. Mr. Horton also stated the City had received the full
funding for the Sod house for the bicentennial program in the amount
of $13,000.
Motion by Alderman Turner "I move that Council authorize Mr. Ward
Horton to make application to the Open Space Committee for purchase
of land next to the Sod House at a price not to exceed $15,750.00
provided this is acceptable to the Open Space Committee, and if
bo~lots are not acceptable to the Open Space Committee, that the
priority go towards Lot 19." Motion was seconded by Alderman Merkl
and passed 4-2. Aldermen Howard and Cavarra voted "nay."
Meeting was adjourned at 11 10 p.m.
/ / ~PP~oVED /
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