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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. f 't- ",-\c'o ~,\ ,,;vI ~ \1 ~ .- '::J; OX 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 / __--1- /(~ 7 -, / >( I( /_- ., 'I' / I -, - " ,