Loading...
HomeMy WebLinkAbout12/29/1975 MINUTES December 29, 1975 The three hundred and eleventh regular meeting of the Wheat Ridge Cit.y Council Meeting was called to order by Mayor Pro Tem Joseph Donaldson at. 7 30 p.m. at 4355 Field Street.. Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey, Larry Merkl and Louise Turner. Councilman Robert Howard and Mayor Homer Roesener were absent. Also presente were City Administrator John Jerman, City Attorney Fox, City Clerk Elise Brougham, City Treasurer.James Malone.and staff and citizens filling the room to capaclty and standlng out in the hall. Motion by Councilman be delayed 1 week." passed 5-0. City Treasurer James Malone gave the report for the month of November on the budget and appropriations. He also gave a projection for the year end picture. He stated he anticipated thJt. at the end of the year the revenues would be $143,000 short and the expenditures would be $360,000 short. He stated this should result in a dfference of $217,000 which would be the cash carryover which would make up 7 4% of the budget. He stated the biggest shortages were in taxes, licenses and permits and intergovernmental revenue. He stated 86.07% has been received through November and that 95.06% should be received by the end of December. He also stated that 80.76% had been expended through November and he projected that 87.59% will be spent through the end of the year. He gave itemization of cash on hand which totalled $282,489.01. He stated the Revenue Sharing encumbrance showing $53,116 will have to be decreased by $13,000 because the total amount which was projected to be received ($140,036) will not be received. He added that the November sales tax check from the State was received in December and the December check was also received in December. Turner "I move that action on the Minutes Motion was seconded by Councilman Merkl and Councilman Turner stated due to the many people present for the Crown Hill Development which was on the Agenda, if perhaps the meeting should be moved into the gymnasium. This was rejected by the Mayor protem as there are no microphone facilities and the gym floor should be protected. He also asked if there was anyone present who wanted to make a Public Comment on items that were not on the Agenda. He noted several people had signed the roster regarding the Crown Hill Development and that they could speak when that item came up on the Agenda. Motion by Councilman Hulsey "I move that Item 1.C. (Citizen input for Crown Hill Development) be change to Item 1.A. to be first on the Agenda" Motion was seconded by Councilman Cavarra and passed 5-0. The Transcript of the Crown Hill Development item is attached to the Minutes. The proposed development is located on Kipling between W. 26 Ave. and W. 32 Ave. and is located in the County. Mayor pro tem Donaldson told the audience that this is not a Public Hearing and that this is for citizen comments and is not for a debate on the issue between citizens and the Council. He stated he would like several spokesmen to give their views for the group and then if there are any items not covered people would be allowed to bring up those ideas. He stated for the sake of time he would not like repetitioncfthe same views expressed. Citi en comments were made by the following Doris Smith of 10305 W. 34 Avenue who stated she had attended the Planning Department's hearings on the Comprehensive Plan recently which had showed 3 business centers planned for the City, none of which was located where this development is planned. She stated !' I:' !TES _ 1,I_9jC7':! - Continued -,..,- these plans showed a small commercial area which already exi t5 at W 26 Avenue and Kipling and 5he enumerated all the businesses located there. She a150 listed businese5 +hat were 5 block5 north and then 2 blocks nrth. She st8ted all these businesses and merchants were paying tax and why must they compete with the ""ew proposed business plan. She also asked why does 13 2/acre density housing go in there when the surrounding area is 4.6/acre density housing Oliver Phillips of 10405 West 32 Avenue stated the County Commissioners are the oneS who make the decision on this case but they have asked the City for input He stated he fell, all the people in the City would be adversely affected by this development and that the area has relative safety for pedestrians now. He stated the project would create a "big city atmosphere" and that the residents had moved to where they are living to be away from such an atmosphere. He asked the COIIncil to give the same kind of consideration to the residents if they were in their place. He stated this project is a great concern to all the homeowners in the area and that it would increase the disruption of traffic and increase noise and confusion Bill Willhoit of 3525 Holland stated he also owned property at 333[J-40 Holland and stated he was concerned with the increased traffic the project would produce, and stated the area during school is a "madhouse" now. He stated Holland also has a drainage problem and the project would aggravate it. He stated if it is approved, that Holland should not be "opened up" because it can't endure any more water. Frank Polemus stated he owned property at 3175 Wadsworth and rents it as a single family residence. He stated the previous owner was Crown Hill and the deed has a restriction that the property can only be used as single family. He stated he has asked for the restriction to be lifted many times and they have never replied. He stated they built the mausoleum without a permit and he couldn't encourage their position of requesting the rezoning on their property. He stated the traffic will make his property less desirable than it is now for a single family use. Rod Store of 3025 Eaton stated he saw this project as a threat to widening West 26 Avenue and W. 32 Avenue to 4 lanes. He stated the development had been disposed of several years before and wondered how many times the people have to say they are opposed He questioned how the water, sewage, electricity and gas will be provided, and that the increased demand on services increases the cost to the consumer. He asked what happe~ to the gas tap moratorium by Public Service. He stated it takes a catastrophe like New York's blackout before people "wake up." He stated we seem to have lost our capacity to foresee and forestall and we need more open space and a moratorium on growth. He stated whe should see what the area can support before development begins. Councilman Turner stated she had received a call from Mr. and Mrs. Ernest Johnson of 3370 Kipling who could not attend due to an emergency and that they were opposed to the project due to hazards already existing on Kipling. Councilman Turner also requested that a letter be read by the Clerk from Harry Nylund of 10095 West 34 Aven~ which was opposed to the development and gave several reasons. The letter is attached to the transcript. LeRov Cook of 3220 Jellison stated he lives north of the property and has enjoyed the open space and semi-rural atmosphere of the area. He stated he was in favor of preserving the area in open space. He sta~ed if the area had to be developed he wanted to see no less than a R- i high quality residential development. He stated his third choice is city park for the area which he felt would diminish the impact on the neighborhood. MINUTES - 12/29/75 - Continued -3- Phyllis Lancaster of 4076 Everett stated they had bought 4 lots (in the cemetery) for the view. 5he stateD she felt they haD been defrauded by Crown Hill regarding the pEsentation they had received when they bought them. She stated this property to be developed is part of the cemetery. She stated previously they had turned in 1800 names protesting this and people had been very upset on the proposed plan She stated at that time Lakewood and Wheat Ridge had been 5upposed to get together to save the property in question for open space and it appeared this plan went by the wayside. A show of hands was requested to show opposition full of people raised their hands A gentlemen stated there were 61 out there who were opposed their hands in favor. and the whole room out in the hall No one raised Motion by Councilman Cavarra "I move that we authorize the City Administrator to send a letter to the County expressing the opinion of the Wheat Ridge City Council in opposition to the Crown Hill Development for these reasons 1. It's overwhelmingly opposed by citizens in the City. 2. It is not compatible with surrounding land use. 3. It would place an undue burden on the city's facilities, especially local streets resulting in congestion or widening of streets throughout the City, both of which are undesirable to Wheat Ridge citizens." Motion was seconded by Councilman Turner. Councilman Hulsev asked if this is what the County had asked for from the City. Mr. Jerman ~ted they had asked for planning input from the Planning Dept. which is a regular form they sent out for developments close to neighboring cities. Councilman Cavarra stated due to the scope of the development, she did not feel Council's opinion was out of order to be sent to the County. Councilman Turner stated at the meeting at Everett Jr. High she had asked publicly what the procedure would be and Mayor Roesener had said it would go through normal channels to and from Council. She stated since this was stated publicly that this procedure should be followed. She stated something reflecting what people feel in the area should be sent. Councilman Merkl stated he had talked to people opposed regarding the project and he had also talked to people who were in favor of it. He stated he agreed with some aspects of Mrs. Cavarrals motion such as adverse affects on the streets, but he didn't favor the motion as it was stated. He stated he would like to see the comments from the professional staff sent to the County instead of the Council's. Councilman Turner stated she saw no reason why both could not be sent. A man in the audience stated he had attended all of the meetings and had felt they were progressing to the Council meeting for a decision to be made He stated at the Planning Commission they had been told they were only making a recommendation to Council. Councilman Hulsey stated they could not decide the zoning and that this was the County Commissioners job. The gentlemen in the audience stated they were only asking what the Council's opinion would be which would be sent to the County Commissioners on the development. Councilman Hulsev sta~ed that the citizens should go to the County hearings starting with their Planning Commission etc. Question was called on Councilman Cavarra's Motion and was DEFEATED 3-2. Councilmen Hulsey, Merkl and Donaldson voted "nay." Motion by Councilman Merkl "I move that the City Council authorize Mr. Jerman to write a letter to the County Commissioners pointing out that the proposed development at Crown Hill is in complete conflict with the City's Master Plan for the area." Motion was seconded by Councilman Hulsey. MINUTES - 12/29/75 - Continued -4- Councilman Cavarra stated she did not feel that this was as strong a Motion a5 5he would have liked or Mr5. Turner and the citizen5 present tonight, but she felt forced to vote for it since it was better than the Council being in favor of the development. Question was called Councilman Merkl's Motion and passed 5-0. Motion by Councilman Turner "I move that a transcript of the comments made here tonight be forwarded along with the letter to the County Commissioners." Motion was seconded by Councilman Cavarra and passed 5-0 Case WZ-75-24 a rezoning request from Commercial-One to Planned-Commercial- Development in Outline Development Form at 4184 Wadsworth Blvd by James Pinkard was scheduled for public hearing. Dennis Zwaqerman, Director of Community Development stated the following 1. Approximate area is 405,065 sq.ft. 2 General zoning of the area is Commercial-One, Restricted-Commercial, Residential-Two and Residential-Three. 3. General land use of the area is commercial, single family and multi-family. 4 The Land Use Plan recommends commercial zoning for the area. 5. This is an existing building (the vacantGEM building). Two retail buildings along Wadsworth Blvd. are tentatively planned for the area in the future. 5. The Planning Dept. recommends approval based on the following B. The use planned for the existing building complies with the Land Use Plan. This is a Commercial-Two use - light manufacturing of clothing. b. There will be no noise or pollution associated with the use. c. The plan meets all the requirements of Ordinance No 98 d. A traffic study will be submitted for the preliminary plan stage and it could be a concern at that ~age which would have to be worked out. e. All agencies have given approval of the plan. At the time of construction, of the 2 additional buildings (retail), plans will be resubmitted for agency approval. f. Economic review indicates that this is possibly the best use of the existing building at the present time as the revenue gained by the City with this use is considerably more than the revenue gainBd from the building in a vacant condition. g. The proposed use should cause a mimimum impact on surrounding area and could be a definite Bsset to the surrounding area if sufficient concern is shown for landscaping and screening and overall site planning An economic study had been prepared and Mr. Zwagerman stated the site would best be used for retail use was stated in the ctudy, however a large retail user would not come into the building within the next 2 to 3 years. He stated there is not a demand at this time. He stated keeping all these facts in mind the staff recommended approval at this time, and upon terminiation of this use a check should be made before another industrial use goes into the building. He stated industrial is not the best use in the long run, but is the best use in the short run. Councilman Donaldson asked about the revenue. Mr. Zwagerman stated there is a property tax and there is considerable inventory. He stated in the future, there is a small po~bility of a retail outlet there also but it should not be counted on presently. He staGed the revenue that is gained in the building as an industrial user will be more than a vacant building. Councilman Cavarra stated there was an error in the analysis. It stated commercial retail is not taxed on inventory, and she stated she checked with the County Assessor and it is. She stated it stated the City would bring in 91.25 mills and bring in $20,500 on the inventory. She stated if you take 5% of that which is the mill levy of the City it would be $1,000. She stated the City will only generate $1,000 more in revenue than if it is idle. Mr. lwaqerman consideraion should be given to what the school district, and sanitation districts will get etc. MINUTES - 12/29/75 - Continued -5- the Councilman Cavarra also questioned said figures of effective buying power that the City captures. She ,according to the figures they use, if 100% of the market waS captured would be $3,700,000 as opposed to the $1,700,000 which is practically half of what" the City should be receiving in sales tax revenue (these are '73 figures). She stated in retail sales the City is getting 32% of that which is $246,000 which equals a deficit of over half a million She stated the analysis stated $130,000 would be brought in which would help reduce somewhat this half a million deficit She stated all this to her means that Wheat Ridge citizens because of the lack of shopping facilities are spending half million dollars outside the city limits in sales tax. Mr. Zwagerman stated that is what the report says and so the long range use of the building should be retail. Councilman Cavarra stated if the plan is approved with 2 possible future buildings on the site it would practically eliminate possible commercial use because parking would be diminished. Mr. Zwaqerman stated the type of commercial going in would have to be looked at and there is enough room on the site for parking. Councilman Cavarra stated there would be under the City's ordinances, but it has been the experience in the past that a major retailer requires more parking than our ordinances do. She stted she felt if this was approved, it would continue to be an industrial use because of limited parking and it would be blocked off reducing the exposure. Mr. Zwagerman stated that's not necessarily true, and there could be off-hour parking uses that would otherwise be used by the retail outlet, such as night theaters etc. Councilman Turner stated she felt there were some flaws in the economic report. She stated it was the most negative report "you could have" to be taken as a recommendation for approval. She stated regarding additional retail stores which doesn't mention night use suc~has theaters, this is an industrial use and it does not complyWl. commercial use except for a technicality. Mr. Zwaqerman stated the use is allowed under Commercial-Two use She asked what could preclude that a number of small commercial uses might go into the GEM building and divide it up. She pointed out that the applicant is willing to build the additional buildings to attract other businesses. She stated she felt this was a prime example of how a Planned Commercial is used for something that is not intended for a commercial use She staed the setback in an industrial zone has a requirement when it is next to residential property and that the back of this building is next to residential property. She stated the same setback is not required in the Planned Commercial zone and the building already exists. She asked if there was a reason for a greater setback for industrial zoning than in commercial buildings. Mr. Zwaqerman stated "I don't know of any particular reason." She stated it might be because it is adverse to residences. Mr. Zwaqerman stated it would depend on the circumstances involved such as a loading dock might be objectionable. He stated there would be nothing wrong with a fence or landscaping between the two. Councilman Turner asked if the outlinernvelopment site plan she had was the only one that was submitted. Mr. Zwaqerman stated "yes." She read from the law that an outline development plan shall include maps and a written statement and "shall show enough of the area surrounding the site to demonstrate its relationship to the adjoining uses existent and proposed." She stated she feltthe application was not complete because the surrounding uses were not shown. Mr. Zwaqerman stated the application is complete. He stated "we all are aware of the existing use and existing surrounding use." City Attornev Fox sta ed regulations are mandatory. He stated views and feelings have no relevancy whatsoever. If the requirements are not met it is not in proper standing before the Council. He stated MINUTES - 12/29/75 - Continued -6- the decision must be made if there is a lack of proper data. Councilman Cavarra suggested that this be determined. Mr. Zwagerman stated i~ the attachme~ts there were adjoi~ing uses written out and the legal description etc. Councilman Tur~er askeD if till", Wd5 on tho sitg p18n, 8nd Mr. Zwaqerma~ stated this could be in written form and dOBs not necessarily have to be on the map. Councilman TurnBr stated the study states that no residential street will be used to and from the factory. Mr. Zwaqerma~ stated he agreed with that. She asked if they intend to close the exit on Upham Street. Mr. Zwaqerman stated he felt 90% of the use would be on Wadsworth and the remaining traffic would use the exit and go to 44th. Councilman Turner questioned that many people who use Wadsworth could or would turn left and felt people desiring to go south would use Upham. Mr. Zwaqerman stated a traffic analysis would be used at the Preliminary Plan stage. Councilman Turner asked the number of parking spaces required in Commercial-Two compared to a Commercial-One use. Mr. Zwaqerman stated for Commercial-One there is 1 parking space for each 300 sq ft gross floor area excluding storage, r8strooms etc. He stated for industrial 1 parking space for 2 employees on maximum shift. For Commercial-Two he stated it is the ~am~~ She stated if a reduced parking ratio for industrial use is allowed, and the commercial buildings are put in and then this industrial use rever~ at some time in the future it is important to know exactly if the parking is being reduced or not. Mr. Zwaqerman stated 200 spaces are required and there would be 393 spaces for Commercial-One making it an entire retail site and tte:'e are 483 parking spaces presently Councilman Turner stated these parking spaces would be reduced when additional buildings are put in Mr Zwaqerman stated it would be in direct proportion to the size bUilding put up. Councilman Turner stated she felt the existing additional parking spaces would determine the size of the buildings that could go in and asked if the couni of parking spaces would be based on industrial or commercial requirements. Mr. Zwaqerman stated it would be commercial. Councilman Turner asked how the real estate tax would exceed the amount of possible sales tax in the report. Mr. Zwaqerman stated in this case that would not be true but he added there is a spin-off of people working in the business spending money in the community. Councilman Turner stated the report stated that the City does not have a Land Use Plan and that this is not true. Councilman Cavarra asked if this industrial type of use was granted would it be difficult to deny a similar use in the area by being cited as arbitrary and capricious. She noted that the report had indicated that it was important to the City to retain a core commercial activity on Wadsworth. City Attornev Fox stated he did not think it would be difficult to deny as this is a Planned Commercial Development concept. He stated he felt the Council should determine the validity of an outline development plan as presented tonight which had been brought up earlier. He stated the City ordinance states the plan must show certain information. Councilman Turner asked Mr. Fox if he felt the plan showed the surrounding area. Mr Fox stated the City's laws are to have a uniform regulation of zoning change and they are not to be changed etc so that each applicant; knows exactly where he stands. He stated the requirements stated the plan shall show the surrounding area etc. He stated that Council should decide if this is on the plan or not, and if it is not on it it is improper MINUTES - 12/29/75 - Continued -7- Councilman Hulsev 5tated he didn't think this was the first plan that had come in like this and never had he en questioned. City Attornev Fox stated this is the first time the question has been brought up. He stated when this zoning was started in the City the surrounding zoning was always shown, and starting in 1974 apparently the City ceased doing it. Councilman Hulsev questioned how could the application go this far and asked if these thin~ were reviewed by him. City Attorney Fox stated he does not see it until it comes to the City Council level. Councilman Hulsev stated there is a lack of communication here when the Council does not even have the right documents before them and felt it was the City attorney's responsibility to look into this. Councilman Hulsev also referred to the case the week before where the posting had been determined improper. City Attorney Fox stated posting on city property had been the city policy and a picture was always presented showing the posting and after 1974 it was ceased. City Attorney Fox stated the outline development plan is the only item that is recorded at the County level. He stated the plan is supposed to show enough of the surrounding area to demonstrate its relationship to the adjoining uses. He stated zoning uses don't particularly show this because there are non-conforming uses. He also stated this is a unique situation because there is an existing building Mr. Jerman mentioned he didn't recall the Applewood Shopping Center which had an outline development plan having land use on it, but was a map of the site only. He stated Mr. Pinkard had sent a letter stating the following was enclosed in accordance with the ordinance and he felt he was in compliance. Councilman Cavarra stated the law sa~8 the outline development map shall include certain information anu stated she didn't see how the Council had any choice but to refer it back. Mr. Zwaqerman stated the existing land use map is in the packet and the surrounding zoning and site is in written form. He stated the Council can determine if they have enough information. Motion by Councilman Turner "I move that based on the determination of the City Attorney and the fact that there is none of the surrounding area shown on the Outline Development as required by Ordinance No. 98, that this matter be referred back to the Planning Commission upon complete submission of application." Motion was seconded by Councilman Merkl and Passed 4-1. Councilman Hulsey voted "nay" and felt this was a technicality and that it was wrong these things get this far before something is found wrong. A Final Development Plan for Planned Industrial Development (Case WZ-75-14) by A.A. Cillessen at 12360 West 50 Avenue was scheduled. Mr. Zwaqerman stated this is a final industrial plan and is in accordance with the preliminary development plan with one change to be made which is changing W. 50 Ave. to W. 49 Ave. The Planning Dept. recommends approval. Councilman Turner asked if variances had been granted so it did not comply with the oninance. Mr. Zwaqerman stated once the variances are granted, it meets all requirements. He stated the following variances were granted East side yard - 17', West side yard - 15', Front yard - 30' and rear yar - 70'. Councilman Turner asked what is normally required He stated front yard - 50', sideyard - 25', rear yard - 20' and where it abuts a residence 75'. Mr. Cillassen the developer was present. No one appeared in opposition or in favor. MINUTES - 12/29/75 - Continued -8- Motion by Councilman Merkl "I move that Case WZ-75-14, a request for a final development plan for industrial development be approved for the following reasons It meets all requirements of t;he ordinance with the exception of setbacks which were approved by the Board of Adjustment, the Land Use Plan calls for industrial in this area the applicant haa met all requirements for Ordinance No 98" Motion was seconded by CO'Jncilman Hulsey and passed 5-0 City Attornev Fox stated there would be an ordinance at a future time for a vacation at W 44 Avenue and Fenton applied by Ivan Jones. He stated a legal description needs to be determined. He stated this was due to a vacation in 1949 by the County which seems to have an error. Motion for approval to purchase new quartz lighting fixtures for the fields at Prospect Park in the amount of $5,900 to be charged to Account 462.42 was scheduled. Councilman Merkl asked if the price had been obtained by bidding Mr. Jerman stated this is to get approval of Council's reaction to this. Councilman Merkl stated he would like to see sealed bids but the account number and amount should not be made known. Motion by Councilman Merkl "I move that we authorize the City Administrator to go out for sealed bids on pre-wired quartz cluster system for the Prospect Park ballfield." Motion~s seconded by Councilman Cavarra. Councilman Turner asked if this was recommended by the Parks Diredor and the Park Commission. Mr. Horton, Director of Parks said "yes." Councilman Cavarra asked if these would shine downward. Mr. Horton stated the main difference is the quality of lights and the serviceability. He stated it gives a higher foot candle and is pre-wired He stated the lights are easier to direct because they are more aimable and adjustment are finer. Councilman Turner asked if the lights will be wired so that only parts of the lights can be lit at one time instead of all of them. Mr. Horton stated it will probably be set up so that they can be turned on by pole. Councilman Turner asked if part of the lights on each pole could be turned on. Mr. Horton stated the system is designed to light up the whole field. He stated they will use the existing poles which will be about 65'. Question was called on Councilman Merkl's Motbn and passed 4-1. Councilman Turner voted "nay." Request to purchase 1 new street ~eper in 1976 as an addition to the Revenue Sharing Budget for 1976 was scheduled. The estimated cost was $38,000 to be taken from the unallocated reserve part of revenue sharing. Councilman Hulsev asked the ages of the street sweepers the City had. Mr. Jerman stated one is 4 years and the other is 1 year old and they plan to junk the old 1958 model. Motion by Councilman Cavarra "I move that we authorize the City Admin- istrator to go out for bid on the purchase of a new street sweeper to be budgeted from Revenue Sharing 1976 at an estimated cost of of $38,000." Motion was seconded by Councilman Merkl and passed 5-0. Mr. Jerman stated the City had an allocation agreement with the Chevron Oil Co. and the City's Buyer recommends that "in view of federal regulations and the present uncertain market, that the agreement be signed rather than attempting to bid" at this time. He stated the City did not bid for gas in 1975. Councilman Merkl asked if there was still rationing and allocation and Mr. Jerman said "yes " Councilman Turner asked if any effort was being made to reduce the consumption Mr. Jerman stated they have purchased compacts in the police department and would eventually like to go to compacts throughout the City. MINUTES - 12/29/75 - Continued -9- Motion by Councilman Merkl "I move the City Administrator be authorized to enter into an agreement with Chevron Oil Company for gas supplies for 1975 without going through the competitive bid procedure" Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay." Councilman Turner had asked if the competitive bidding prom:lure could be waived by Council, and Mr. Jerman said "yes." Mr. Jerman stated the Blue Cross and Blue Shield renewal contract which had been approved had an addi tional op tion that had been recommended which was Preferred Service Option. He stated it removes the income limitation on certain employees, and that employees with ~ incOme who are under preferred services does make the doctor accept the schedule of fees and nothing additional can be charged. He stated it is somewhat less expensive to the City compared to other rates. Motion by Councilman Hulsey "I move the City add the preferred option to the Blue Cross -Blue Shield employee health plan contract." Motion was seconded by Councilman Merkl and passed 5-0. Councilman Turner wanted the exact cost, and Mr. Jerman stated the enrollment was not known yet. Councilman Merkl asked for an Executive Session after the regular meeting on a personnel matter. Councilman Hulsev requested that the City Attorney be present. Motion by Councilman Merkl "I move that Tom Dodd and Robert Vidick be reappointed to the Parks and Recreation Commission and that names be submitted to the City Clerk of people who are interested in Ward 2." Motion was seconded by Councilman Cavarra and passed 5-0. Councilman Cavarra stated the parks ordinance was underway in being rewritten and as~ if the requirement of having 2 representatives from each ward should be considered to be changed. Councilmen Hulsey and Merkl stated they were in favor of having 2 people from each ward. Councilman Merkl stated it was his understanding that Bud Williams could not serve any longer due to his work schedule. Councilman Turner stated until a written resignation is received he should be considered to be active. Mr. Jerman was directed to contact Mr. Williams regarding this. Councilman Turner mentioned the terms of the Public Works Committee expires the end of the year and the Committee expires also. Motion by Councilman Turner "I move the existing Committee be reappointed (Public Works Committee) as presently active for 1 more year." Motion was seconded by Councilman Cavarra. Councilman Merkl stated this has been created by the Mayor and felt that Council should wait for the new Mayor to take office to see what he has in mind. Councilman Hulsey agreed. Question was called on the Motion and was DEFEATED 3-2. Councilmen Merkl, Donaldson and Hulsey voted "nay." Jim Pinkard applicant in the Rezoning Case WZ-75-24 heard earlier in the evening stated he felt the case was postponed in error. He stated he felt he had complied with the ordinance and had submitted an aerial photo of the area showing the area and the adjacent land. He felt he had complied in total, but the aerial photo did come in the folder tonight. He stated Mr. Zwaqerman acknowledges that he does have it. Mayor pro tem Donaldson stated many people had left, who had been there previously regarding the hearing. MINUTES - 12/29/75 - Continued -10- Citv Attornev Fox stated in the B~5t a photo concept had been used on some PUD concep~ becauseAthe surrounding area's density or open space. He stated these were used "because there was no way to properly show the surrounding uses." He stated if this had been in the files and had been available at the hearing it would have continued on. He stated this hadn't been given to Council and gave an example that a road on the north side had been questioned, and if the aerial photo had been present it would have shown the road, which "would have at least been some compliance" with the City's regulation. He stated it a~parently is an error and it was properly presented and the matter shnid not go back "to the City Planning Dept. nor the Planning Commission. It should come back before this City Council as a continued hearing." Councilman Cavarra asked if the property should be reposted. City Attornev Fox stated the property should be reposted because the people present are entitled to have notice and the procedure has been 15 days posting. He stated Council has the right to waive this however. Motion by Councilman Merkl "I move that we rescind the Motion made earlier on Item 1.B. from C-1 (Commercial-One) to PCD (Planned Commercial Developemnt) for the property at 4184 Wadsworth Blvd back Lo the Planning Commission and continue that hearing for this City Council 1 week from tonight on 1/5/76, and that procedural requirement of posting is being waived due to the hardship caused by staff error" Motion was seconded by Councilman Cavarra and passed 5-0. Meeting was adjourned at 10 15 p.m. An ~xecutive Session was held afterwards on a personnel matter. /, '! /) f" ) ,t...{t.. l_ ....~,___-"'. APPROVED f ( I ") I ,I k: I I ( ( I I 1_ /jt v3/ ) .. To CITY [ 'CIL From MAYOR ROESENER P CITY Jo.ln ; Subject 8 Blow D~e Eeptember 24, 1975 Approved 29th Minutes Date c -.ll.. G,-", ITEM __.::> 13 / SUBJECT DISCUSSIONS WITH P.P.A. AND CONSIDERATION OF PROPOSALS BY EMPLOYEE COUNCIL DEe 1 5 1975 At the request of the representatives of the Police Protective Association (PoP.A.), the Mayor, City Administrator, Chief of ~l[Ars~~Qi~~or of Administrative Services he:d a series of meetings wi tti a coil1'Mii~i!E!e-;\'bf...t-f.l.e.-._ P.PoA. to discuss proposals concerning the salaries and fringe benefits of sworn officers in the Police Department. On September 12, the City Council reCEived a memo from the Employee Council containing other recommendations for the 1976 budget relative to salaries, fringe benefit~, and working conditions of other City employees. Attached is a report of the cost effect of the proposals prepared by the Director of Administrative Services. The cost summary is as follows by item: 10 S 3,665 (Police only) C 20 -0- 3. 20,000 (All Employees) 40' 7,350 (Police only) I 5. 5,560 (Police only) 6. 2,880 (Police only) I I 70 7,2 12 (All Employees) ! 8. DEFERRED I 90 ( 1, 772 ) (Police only) I $44,895 TOTAL It has been ag~eed that the cost of item 3, Family Hospital and Medical Benefits, if approved by CounCil, would be deducted from the proposed five percent (5%) pay increase. The percentage impact of all of the above is approximately three percent (3%) of payroll. ; . j I I I I The percentage impact of the Family Hospital-Medical Benefit is approx- imatelv t~o percent (2~). Atts. 2 ( cc Richard K. ~drews, Director of AdministratiJe Services Chief Ed Pinson Dave Shelley, Chairman, Employee Council Detective Ed Ray, Police Protective Assn., Wheat Ridge "', \,;11 Y , . ,- ~y t'H.:. J.\ I tiIU~t:. - IViCl'IJiUI"\Hl 'Ii UU l:i. MAYOR HOMER L ROESENER ____.xc:J CITY COUNCIL MEMBERSv' . EMPLOYEE COUNCIL t1D1BERS SEPTEMBER 12, 1975 From SUbject (BELOW) Date Approved Date L SUBJECT. RECOMMENDATIONS FOR 1976 BUDGET ~ At its meeting on September 12, 1975, the Employee Council made the following recoIT~endations relative to salaries, fringe -:benefits, and working conditio~s for consideration by the City - Council for possible incorporation in the 1976 Budget 1. Grant cost of living increase comparable to the actual increase in the cost of living, effective January 1, 1976, for :~-ail City employees to include department heads. _~~ City paid family coverage for health lnsurance Also, r ~~~o~~end that the City explore the possibility of implementing ". dental and optical insurance coverage 3. Improve on-the-job training Have representative(s) come to the City to eyplain equipment, etc , used by City employees Expand professional approach to staff training both in-house and external--alloH IT.ore eXDosure for employees to profession job-related training and co~ferences AlloH more employees to atte~d minor and/or major conferences '" 4. Review job classifications and provlae for reclassification, etc. .where applicable RevieH job classifJ..cations for parity both in-house and within the metro area relative to responsibilities and dutieS-; education and experience, and salary ranges Also, recommend that the salary survey be conducted by an unbiased third ~arty rather than in-house ;;.~. Uniforms for Parks employees In addition to regular uniforms, issue one pair of coveralls for each employee to use during miscellaneous jobs (painting, etc) Thls will keep employees' every-day uniforms looking clean and will create a better public image. Also, recommend heavier winter jackets. 6. New or used lockers for Parks employees to hang winter clothes and supplies This will eliminate employees having to leave work ~ t~ chaRge clothes Outside temperature varies during the day, , and proper clothing will reduce sickness and increase efflciency arid marale. 7. .Purchase compact vehicles for use by all departments to reduce gasoline, maintenance, etc , expenses. 8. Implement complete merit system for ~ City employees ra~h~r than automatic increase, and/or salary reVlews by elected offlclals 9. Improve communication system within City Hall to adequately service all City offices (newer model sHitchboard). ~~ Jnhn A Jerman . To CITY AD~ ISTRATOR From DIRECTOR OF AD~ STRATIVE SERVICES Subject (See Below) Date SEPTEMBER 22, 1975 Approved Date ( COST EFFECT ON PROPOSED CHANGES IN BUDGET (Review of discussion with P.P.A.) COURT TIME ISITION COURT APPEARANCES PER t-lmJTH COURT APPEARANCES PER YEAR AMOUNT PA ID AT 1:-2 TIMES FOR EACH HOUR IN COURT Corporals Police Officers Juvenile Officer Detectives 2 4 1 96 1200 12 10 S 276.48 $3,324.00 $ 33.24 $ 31 60 IOUNT CITY PRESENTLY PAYS FOR ONE-HOUR MINIMUM OF COURT PAY $3,665.32 $3,665.32 $7,330.64 'DITIONAL AMOUNT CITY ~ILL PAY FOR TWO-HOUR MINIMUM OF COURT PAY ( - AMOUNT CITY WILL PAY FOR COURT TIME IN 1976 NO COST 50% MEDICAL COVERAGE FOR FAMILY MEMBERS 0,500 Projected insurance cost of employee in 1976 for City 0,500 City cost for employee plus 50% family coverage in lieu of a portion of the 5% cost of living increase. UNIFORM ALLOWANCE Uniformed police personnel at $175.00 per year ty would pay a total of $7,350.00 ( ~LEANING ALLOWANCE ,184 Cost per year for the cleaning costs of 42 uniformed personnel 375 Cost per year for the cleaning costs of 5 detectives receiving $75.00 per year. OVERTIME AND COURT PAY FOR SERGEANTS ,880 City will pay for 5 Sergeants spending 4 hours in court per month. rr .,,, .... :!TY ADMINISTRATOR PAGE TWO ~7 SICn PAY CONVERSION AFTER 60 DAYS ACCRUAL $7,212 A~ount to be paid by City in 1976 for accrual of 480 or more hours or sick leave on a one for one basis. Ifs OK ~9 D~TECTIVE DUTY PAY $1,771.60 per year savings if duty pay is deleted from the present pay ordinance. iKA kkw .. h . (-. '\ I ) ,'~JI" ilfll!-:..a.P:_~-_____ ~._. -~..~-~ - -_.- -"- ,-,,-.. ""- --- MINUTES TRANSCRIPT 12/29/75 TO THE COUNTY COMMISSIONERS Attached is a transcript of a portion of the meeT,lng of the Wheat Ridge City Council Meeting held on 12/29/75 pertaining to citizen comments and Council's action for the proposed development at Crown HilL City officials in at~endance were Councilman Mary Jo Cavarra, Councilman Calvin Hulsey, Councilman Larry Merkl, Councilman Louise Turner and Councilmsi and acting Mayor Pro Tern Joseph Donaldson. Mayor Homer Roesener was abser't as well as Councilman RoberT Howard. City Admlnis~rator Jehn Jarman, Citv Attorney Maurice rex and City Clerk Elise Brougham were also present Citizens in attendance were approximately 150. A list was passed around and T,he following people signed it 1. Mrs. William J. MadDen 33 Hillside Drive 2. Mrs. C.E. Goreen 10245 Twilight Drive 3. Mrs Janet N. Simmons 7095 W. 32 Ave. 4. David N Simmons 7095 W. 32 Ave. S. Vern Oppenlander 3420 Independence Court 6. Cory L. Watson 10014 W. 3J Ave. 7. Brien H. Collins 9532 W. 26 Ave. B. i~r2. Gcorg8 Coll~~s gS~2 u. 25 Ave. 9. Irwin L. Freedberg 9040 U. 32 Ave. 10. Mrs. John W nitt 3242 3arlano 11. Mary Louise Follansbee 3240 Garland 12. Jack ~raning 10200 W. 35 Ave. 13. Mrs O. L. ~utcherson 3291 Garland 14. Rose G. Frankl~n ~C57 Ames '15. Dell !.ll. ~ranklin '::u:J7 Ames 16. Olive Smith 3007 Ames 17. W. E. Willhoit 3525 Holland Street 18. Shirley J. Schrslner 3j28 Holls~d S~rEet 19. M. Eli=a~e-h Willhoit 3525 Holland Street 20. Arthur P. BLtler Jr Jb25 W. 36 Avenue. 21. Josephine M 3utler 9625 W. 3b Ave. 22. Helen S. Lerch 9055 W. 36 AJenue 23. Patrick M. Mawe 4430 Reed S reet 24. Ralph F. Garramone 4445 Reed 5 reet 25. ~irs H. J Ss'c;o 4425 Reed 3treet 26. Lou Longo 4425 Reed Street 27. r~r and Mrs. nennetn Segerstrom 41 Morningside Drive 28. Donald & P~yllis Lancaster 4076 Everetc Street 29. H G. Beard 2596 Hoyt 30. Doris Beard 2590 Hoyt 31. H. Fraser 2420 Miller Street 32. W.J. Diel 2555 Lewis Court 33. Susan Rainey 7301 W. 32 Avenue 34. Roger Rainey 7301 W. 32 Avenue 35. Ruth M. ~ahre 9020 W. 32 Avenue 36. Dorothy Freedberg 9040 W. 32 Avenue 37. Irving ~r8edGerg 9040 W. 32 ~venLe 38. Gail Watson 10014 W. 30 Avenue 39. Dorothy Lovelace 22 Skyline Drive 40. Stuart A. Lovelace 22 Skyline Jrive - - MINUTES TRANSCRIPT 12/29/75 . The follo~ing is a transcript of a portion of the Wheat Ridge City Council Meeting held on 12/29/75 pertaining to citizen comments on the proposed Cro~n Hill Development. This transcript was requested to be forwarded to the County Commissioners at this mee~ing. MAYOR PRO TEM DONALDSON First of all I'd like to mention the Crown Hill Development has been put under Public Hearings. I'd like to set the record straight. This is not a Public Hearing. It should have been put on the roster as for citizens comments. We're here to take your comments and that's it. I don't want this to get into a debatE or an issue between the citizens and the Council. I think if we could have 4 or 5 maybe spokesmen for the group and if they don't bring up every issue that you have to speak about, whV then, we'll listen to others after that who would like to add further comment. But what I don't want here this evening is to have everybody repeating what the first person has said. Maybe we can get out of here at a reasonable hour. So if somebody would like to make the first comment just raise your hand and I'll acknowledge you and you can come up to the roster and start it off. This lady in the back, and would you please state your name and address for the record. DORIS SMITH I'm Doris Smith of 10305 West 34 Avenue and I would like to speak concerning the facilities already available in the area of 26th and Kipling. MAYOR PRO TEM DONALDSON Pardon me, could you pull the microphone down and maybe we could hear a little better. DORIS SMITH Before I begin I would like to especially thank the young voters who have a-"ended mee-ings and done much leg work. . in hopes for Wheat Ridge has been inspiring I attended 3 meetings of the Planning Board in November and Uecember where they presented their projec~ions for ~he commercial development in ~he Citj. They showed 3 cen~ers, none of which was rhe one under discussion. They did show a small existing community shopping cen~er along 26tl and nipling about 2 blocks west and 3 blocks south in size. This is a list of what is in that "small shopping center" [line professional buildings, containing 12 dentists, 4 medical doctors, an eye clinic, 3 law lers, a group of psychologis-s, pharmacy, 1 veterinary hospital, several realtors, construction offices, insurance agency, investment company, income tay service, financial surveilS, red cross office, then the stores and services for the grocery store, coffee shop, tastee freeze, caco, large restaurant, 1 pub, a carber shop, 3 beauty shops, a dog beauty shop, hardware, liquor, wallpaper, 2 dress shops, Twina's Vines, a ceramic shop, 2 drug stores one with a post officer service, 24 hour recreation center, 2 gas stations, a garage, 1 tool rental, 1 furniture store, plumbing shop, print shop, bowling alley, 2 cleaners, 1 washateria, for the Modern Man, stores feacurinQ carr~ouc and home delivery of meals, convenience scores. And then aoout 5 blocks we have the professional,5 blocks north, we have a print shop, professional buildings, the USGS Offices, and an area zoned for another professional building, the Safeway, TV repair, watch repair, gift shop photos, submarine sandwich, photographer, Artic Circle Hamburger shop, insurance ofF~es, beauty and barber shop, body wrap salon, hardware, drug sore, large restauranr, 2 gas sra~ions, convenience stores, used C3r l~ And 2 blocks north of this another convenience store, gas station, restaurant, liquor store, sport and ski rental All these merchants are collecting city sales tax and paying property tax. Must they compete with 180,000+ feet of commercial territory in their neighborhood? If you go over this list, you will see that all the needs of man and beast are provided for. Must we have another commercial area plus 50 acres of 13.2 density housing in an area of hundres of acres of 4.6 density housing? Thank you. (Applause) MAYOR PRO TEM DONALDSON You have covered the subject so well, I don't know whether there's any need for anyone else. (Laughter) Who will be the next speaker? Raise your hand This gentlemen in the back. Please give jour name and adoress - MINUTES TRANSCRIPT - 12/29/75 - _o~tinued -2- OLIVER PHILLIPS I'm Oliver Phillips. I live at 10405 West 32 Avenue and I hope you'll excuse me for reading this but that way I can get through it better. My purpose in being here tonight is not to argue the point conce~ning any part of the data or other information that has been furnished and previously presented. We all know that the Jefferson County Commissioners must make the first major decision jn affecting the outcome of this neighborhood controversy. It's obvious that the C~Jnty Commissioners have a problem with the proposed project. They have requested that they need your input. We ask that you use your vwte to express the consensus of all the people who will be adversely affected by this development, and I believe this includes the whole Cit~ of Wheat Ridge I wish to say that we of the immeoiatB area have analyzed the situation quite thoroughly with input from the homeowners who represent many professions. We have doctors, lawyers, sales people, merchants, contractors and a Traffic consultant We ha~ talked to many, many people in that area. These neighborhood property owners that have coma here ~o dwell in an residential area which is without the noise and confusion of The big city, that has relative safety for the pedestrians including school age children. The concensus seems to expose a feeling of betrayal on che part of city officials who have lent their support to the development of a project which brings us back a step closer to the big city atmosphere. We ask you, as elected representatives, of our city, please give ~hose of us who have come here to build our homes in ~ residential area the same consideration ~ou would ask for if you were in our place. The feeling expressed by the people in the neighborhood of previous meetings of the City Council, the Planning Commi~on a~d other meetings Should indicate that the project is of great concern ~o all homeowners in the area. The benefit of this development and these developers can never equal the disenchantment and sorrow created among those of the neighborhood who will be required to accept increased Gisrupcion of the traffic, noise and confusion in the area of this project. Thank you. (Applause). BILL WILLHOYT I'm Bill Willhoyt of 3525 Holland. I also own a piece of property at 3330-3340 (Holland). We are greatly concerned with traffic. If any of you have been up and down Holland Street during school, it is a madhouse. We are carrying, it's a narrow street and cannot carry an~ more traffic. We also have a serious water, drainage problem at the 3500 slock of Holland Street. We have for 6 six ~ears fought with it in the County and then the Wheat Ridge engineers abOUt drainage. The street slopes to the west, there's a shallow drainage ditch there, ano there's 3 or 4 homes on the wast side of the stree+ that have in a few years, have had water in the basements because of lack of proper drainage And there's the, 32nd up into The cemetery area, there's quite a slope there. If they cut streets in there that's going to increase the amount of water that comes down the stree~. If ~his is approved, I think it would be highly recommended +~at they do not make an opening to open it out on Holland S reer because it cannot carry ano,her car of traffic to make it a safe and ... place to live. (Applause) FRANK POLE MUS Mv name is Frank Polemus, I own property at 3175 Wadsworth. I cOLld amplifj on w~at +he people have alread~ said here, but I do think it behooves me to enlighten most everybody on mv situation. A little bit of insight of who you're dealing with here. I bought a property at 3175 Wadsworth some 8 years ago. Ie's been used as a rental property.. The reason I'm using it as a single family rental property the previous owner some 30 ye~rs ago was Crown Hill. They saw fit to put in the deed a restriction that it Lould only be used as a single family residence Since I've bought that property they have been able to get a mausoleum built behind it without proper zoning, but they got it built. They bought the adjoining property and the commercial property a'jjoining it. It's continued to go downhill qnd is less desirable I hSJ8 requested several times and most recently in the last month riG!; en!?j lif't my restriction I hCJve llot heard back from ~h3m I 113ve i18'vET heard C8T'oTe ere j,.,:J a si Uclcion where j Gj re as~ iiitd ,~; MIfJUTES TRAf SCRIPT - 12/29/75 - Continued -3- FRANK POLEMUS (Continued) evs~ybody else to~ant them a change in use to actually go commercial, and they see fit to deny ~e of use of my own propert'! of the zoning is already there, throug'l the use of their restriction of the deed. I just can't say that I can be encouragi~g to their position from their posit_on they're taking on me. Naturally, the increased congestior of traffic and all is going to make mj property less desirable as far as a single family rental. Congestion and all is going to continue to swirl around the property, and to maintain it as a single family home is going to be more difficult all the time I thought it behooved me to let everybody krlOw what my position is and why I'm in tHS position. I'd like cO maintain the property Detter than it is now, but it's difficult to do it under these conditions MAYOR PRO TEM DONALDSON the garage there7 Is your propert~ just to the south of FRANK POLEfV1US Yes it is. (applause). ROD STORE I thoug~if I waited long enough everybody would say what I wanted to say and I could get by this thing. I'm not used to speaking in public. My name is Rod Store. I live at 3025 Eaton. I could amplify quite a bit on wl<t ~he people before me had said but I S8e as ~y first threat i= i~mediate pressure on widening of 32nd Avenue, ~idening of 26th Hver,ue to 4 lanes. They've already tried to do that once, and I thought we disposed of it. I see it coming uo again, and again and again. If my me~ory serves me right didn't we dispose of this Crown Hill Development a couple vears ago? (Applause) How often are we going have to keep saying "no, we don't want more development in Jefferson Count,; or Wheat Ridge?" ~Jow, I see it, our grow~h in Wheat R~dge and Jefferson County as a whole is being graDual increments on ~he negative side of our standard of lLving, daily and weekly anD mon~hly and yearly by increased popula~ion I don't k~ow where we're going to get all the water for this I don't know how we're going to provide all the sewage for all ~he increased residents. I see the County Commissioners are planning some 72,COC possiDle resid8n~s down south of us in 2ear CreeK, and I forget he exact numcer of how many ~housand in this Crown Hill Development area. But I S2e our water bills going up. I see an incressed demand o~ electricit, a~d natural gos It seems to me that Public Service CJ already declareD a moratorium on new gas taps. What happened to that' If that's the case, how can we possibly consider putting in more apartments and where is all +his gas going to come from, and if we do have to drill deeper and drill more wells, isn't it going to cost us all more money for natural gas. You bet it will, it's all going to go up Ano it seems to me the people who can least afford it, g8t hit the hardest. Solid waste disposal, I read a s~atistic that we had something like a ton per person per year along those lines. I dOil' i- know where we I re going to oe aule to purrrase i-his propertj if we keep subdividing. We're going to have to pUt ~ne solid waste someplace. I don'+ know. I don't know. It seems to me that it takS3 a catastroohe somewhere to open our e' es to The sirGa ion It takes a black out in ,ew ,ork or a drought in the 50's in Kansas before people have to start drinking sewage, a river t~at's full of sewage. It Lakes some major thing to get us going, to get us thin~ing right. I think that we've lost our capacity to foreSEe and forestall and I urge you as commissioners or public representatives in Wheat Ridg2 to urge this, the County Commissioners to get their heads together and to get more open space and declare a moratorium on growth Let's find out what we have anD what we can support before we forge ahead. What's the rush? \Applause). MAYOR PRO TEM DONALDSON Nextspeaker. Anybody who wishes to speak just step right up to the roster. :~L1LJII;-'~L, hJ I L.R l' lor Uhi12 uJe'.LB LL-:i;-i g for ell:! 0 h2T paople who miqht be going to speak, I would like to mention that I hild a phane call frof"l i'ir. and ~lrs. Ernest ':::ohnson of 33/0 Kiplirlg who as~ed th~t their opinion be made public and were unsole to come because of an emergency. That they ask that I relay on that they were stronqly opposed to this project oecause of rhe.hazar~s al:sad exiscing for people who li~e along Kipling 3 rse-. Also, 1 LJellE~e all members of rhe City Council received a letter written oy narry MINUTES TRANSCRIPT - 12/29/75 - Continuen -4- W. Nvlund, and I think this let~er should be read into the ~6card. And I'd ask that the Clerk read it i~to the record. MAYOR PRO TEM DONALDSON Well, you say you figure that all th8 members of the Council received a letter. I didn't happen ~a receive one. .. COUNCILMAN TURNER it be read. Well, then it's all the more important that MAYOR PRO TEf"l DDr-IALDSOf' 1'11 CITY CLERK BROUGHAM (Ream the contents of the letter) SEE ATTACHED LETTER TO THE TRANSCRIPT. (applause). If Elise has a copy of the letter why LE ROY COOK My name is Le Roy Cook. I live at 3220 Jellison Street. I live immediately to the north of the property being discussed. For many years I have enjoyed the open space as we know it. It's p~imatily agricultural we have seen the geese, the ducks, the pheasants flying around the neighborhood and we've thoroughly enjoyed the semi-rural atmosphere in the neighborhood. I believe that if there is anyway to control the ownership of the property, open space would be my first preference... in that area. And SEcondly, would be, if it has to be rezoned, if it has to be developed that it has a zoning of no less than R-1 In other words a prime residential rating. And third, i~ my p?eference would be a City Park and would go no further than ~hat. If any way that you can influence one of those, It would help me a whole lot, in diminishing the impact to the neighborhood. Thank you. lPppla~se). PHYLLIS LANCASTER Phylli3 Lancaster, 4076 Everett. I'm not, although we live quite a W3V3 aW~j right now. Just before ~he last mess, 3 yaars ago, Ue had ~OU~l~ 4 10 3 up there. And you should really hear the gLY who 5cle ~_ he lots how we were going to have a beautiful park and eceryching else. I suppose it doesn't matter when you're dead, but we cough~ those for the view, and paid a little bit more for them Hnd ~'m realy upset, that's one reason The rest of the thing, I agree with what everyoody else says aut I think we've been cefraudeo oy Crown Hill by what they had rold us and wh2t that ~ould ~e in the future and everything else, and noc a word. It was Girec~ly before ~hat other thing 3 years ago And I think it's just awful to have something like +ha: ri~ht next +0 a cemetery It's part of he cemetery, in fact I called ihem up and asked them when ~his came up again I called them up and asked them if they wOLld please GUY back our lots because I didn't want to be buried there. And they wouldn't. And I have a question or two. I was quite active in this last fight we had on this Crown hill thing and ~Je . MAYOR PRO TEM DONALDSON Just a minute. You say you have a questiorl. PHYLLIS LANCASTER I have a question Yes. ~lAYOR PROTEI'] CDrJALDS8f We're taking comments and not answering quas io:~ PHYLLIS LANCASTER Oh ok. Well, let me make a Sotement then. Right after I handed in almost 1800 names protesting and this was from all your, everyone of the wards. It just wasn't Ward 3, because everybody was upset. You just don't mess around with people's graveyards. And then they backed off, right. They went back to Oklahoma where thev belong, and it was brought cut that you were supposed to get toget~er and you remember Mr. Donaldson, Lakewood and Wheat Ridge were supposed to get 1,0gether and do something about having that as .. cemeterlj for open space for a park. Evidently, that went by the board. Thank you. (Applause). MINUTES TRANSCRIPT - 12/29/75 - Continued -5- MAYOR PRO TEM DONALDSON Are there any additional comments. COUNCILMAN CAVARRA I wander if you might ask far a show of hands of those who are ... MAYOR PRO TEM nONALDSON I was intending to do that. I'd like to have a show of hands of all those who are opposed to this. It's going to be pretty hard to count hands, but anybody who's opposed please raise your hands. Ok fine. (NOTE The room was full and has a capacity of approx~mately 80 people and it appeared that everybody raised their hands to show opposition.) MAYOR PRO TEM DONALDSON Could I have a show of those in the audience that are in favor of this project. Any body in favor? Zero. (Note no one raised their hands). MAN Mr. Mayor, there are 61 people standing (Outside of the chamber) who voted no. MAYOR PRO TEM DONALDSON What I'd like to do, I don't know if the City Clerk is prepared for this, but I'd like to have a tablet set in the rear there by the door, and I would like to have everybody sign this as they leave. We'll have a 15 minute break after this so that "ou'll ha"e pl8ni:~ of time ~o sig<i chis May:e we can have 2 or 3 p3ds rere, 50 ""hat we can keep you if'fOJ.'med of alY further progress. And I want to th3nk everybody for coming. I hope tha~ you'll have this many people turn out at the County level and express our views. COUNCILMAN CAJARRA Nr Mayor The City has been asked to state their opinion on +hi5 deJelopmen~ I'd like to make a Motion on the floor reg3rdinq ~his suo ecr. I move tha~ we aUi,horize he City Admini3~ra or Co 3e d a Ie er to the Goun y expressing he opinion of ro:e Jli""'ea t Ridge Ci t j Co :ncil in op:Josi tion to the Crown ~ill JeveloD8me~t For Lh8se reasons 1. It's overwhelmingly opposed bj citizens in the City. 2. It is not compa+ible with surrounCii>g land use. 3. It would place an unDue Durden on the city's facili""ies, expecially local streets resulting in congestion or widening of streets throughout tle City, both of which are undesiratle to Wheat Ridge citizens. COUNCILMAN TURNER Second the Motion. COUNCILMAN HULSEY Mr. Mayor, I have one comment. Mr. Jerman, is this what the County nsked the City for? Did they ask for the City Council's view, or did they ask for ~he Planning Dept. view? MR. JERMAN (CITY ADMINISTRATOR) They asked for Planning inout as to some of the technical aspects. It's a regular form that they send out on all such plans, developments close to cities COUf,!CILMA:'J U\\fARRA hr. r~a\lor, LLall tacause of ""he scope of thL3 project, I don't think an opinion fro~ the City Council would De out of order. COUNCILMAN TURNER May I comment on this too Mr. Mayor. At the public meeting at Everett when the developer had presented the plan for the area, I asked publicly if it would come from the Councilor the Planninq Commission or from our department. And the mayor at thac time had answered that it surely would come through the normal channels and to and from the Council, and that there would be citizen input allowed so that it might guide the recommendacion of the City And I think that perhaps having been 3ta~ed puolicl , is the wav it ought to be. And if it comes from the departmen~ sCD~ra~el, fine au here sho~ld a16o~8 someLhinq reflec irg whar ne Gl Council feel2 is E will of .he people in nis 2~8a. (Mopl ~~8' COU~CILMAN MERKL I've talked to a number of people who do oppose this development. I have also talked to people who are in favor of this development. (The AUDIENCE ASKED "WHERE ARE THEY?") ...they're not here +onight. aut I have talkeD to people ~ha~ do MINUTES TRANSCRIPT - 12/29/75 - Continued -6- COUNCILMAN MERKL (Continued) favor this development. (A man asked if they were from Texas?) No sir, they're from Wheat Ridge. The point is, I agree in a lot of aspects with Mrs. Cavarra's Motion. I donot favor the Motion as it stands however. But I do see an adveTse effect on the local streets. I do see where this is going to have very adverse effects in certain portions of Wheat ~idge, but I would like to see the comment from the City be put in by our professional staff and not by this City Council, but by our professionals wha will back it up with facts on where the adverse effect what have you, might be. COUNCILMAN TURNER Mr. Mayor, is there any reason that the suggestion from Mrs. Cavarra might stand and is there any reason that it might not stand and accompanying that letter from Mr. Jerman the~ could be the professional staff's recommendation. MAYOR PRJ TEM DONALDSor~ any further comment. Ok, You've heard the Motion. Is there COUNCILMAN CAVARRA There's a comment in the audience Mr. Mayor. MAN IN AUDIENCE I don't want to interupt the proceedings here but I'd like to speak to the point that you raised. I've attended all these meetings, zoni,.~, I've attended the zoning staff meetings, the zoning commission meetings, and now this one. We thoug~we were wor~ing our way up ~ecause at the zoning commission meeting here a cOLple wee~s ago, it was stated :hatthey could not make a decision. They could onl! make a recommendation to +he Council. Now, ~h8 footoall g08s again So we need an answer of some kind. COUNCILMAN HULSEY Mr. Mayor, we can't make any decision here as far as Lne rezoning goes We can only s~ate the views of Wheat Ridge. The [oun-, Commissioners have +0 ~ake that decision. IOU unders. d that DOn't ,au' I ClOil't know what, I don't know what our Planning Commission told ~ou. If they threw it co City Council to make the final decision that's wrong. (People in audience muttered "rJo, 0, thai-'s not what was said e-'-c.") f'lArJ Hi AUDlr:r!CE We are only ask.Lng your opinion. What are you going -'-0 tell -'-he [ount~ Commissioners? We're not asking for your zoning. ~haL are you going to tell the County Commissioners? How long can this football go? COUNCILMAN HULSEY What are you going to tell the County Commissioners? You all live in Jefferson County. OK, you 211 have the righ~ to go to the County and go +0 their he=rings and the same thing. You go through their planning commissioners and on up the same ~ay. MAN IN AUDIalCE We are asking you to go with us. MAYOR PRO TEN DO~ALDSON I believe that was what the ~'iotion was atout. COUNCILMAN CAVARRA Will \OU call for the question~ MAYOR PRO TEM Dm:ALDSON No, I'd like to have the Hation reread. Elise, would you please read the Motion? ~ITY CLERK BROUGHAM "I move we authorize the City Administrator to send a letter to the County to express opposition to the Crown Hill Development for the following reasons There was overwhelming opoosition by the citizens. It's incompatible with existing Land Use. It would be an undue burden on the existing City's facilities especially local streets. CITY ATTORNEY FOX Mr. Mayor that's not the proper motion... MAYOR PRO TEM DONALDSON It SEems to me it's a long way from your i"iO ~ -.L::Jr in uri l:y ~D \tou mird qi Jlily fl 's18 Ceil redo l. . rJio1~ion. Ua \IOU n3 je 01 r l ,-0 unE Li j C,ll::::rk. :=:0 . MINUTES TRANSCRIPT - 12/29/75 - Continued -7- COUNCILMAN CAVARRA May I read it for the City Clerk? It is in rough form in my own handwriting? Ok, "The City Council authorize the City Administrator to send a letter to the Co~nty Commissione~s regarding opposition, stating opposition to the Crown Hill Development for the following reasons The project is not comoatible with surround..pardon me. There is overwhelming opposition from citizens in the Cit\!. The project is not compatible with surrounding Land Use. It would place undue burden on city facilities especially local streetd resulting in congestion or widening of streets throughout the City, both of which are undesirable to Wheat Ridge residents." MAYOR PRO TEM DONALDSON Ok, you've heard the Motion. Will you please poll the Council, Elise. COUNCILMAN HULSEY Nay. COUNCILMAN MERhL Nay. COUNCILMAN TURNER Aye. COUNCILMAN CAVARRA Aye. COUNCILMAN DONALDSON Nay. MAYOR PRO TEN DO~ALDSOr a 15 minute break. ("ate The motion is defeared. We'll declare There was discontent muttering from the audience). It was announced that Councilman Merkl was writing a Motion that he felt he could supporc COUfJCIUJIA!'J hERhL "I move that the City Council 3uthorize Mr. Jerman to writs a leT~er ro t~e Coun I' Commissioners ooin~ing out thet the (proposed) de 'elopmen~ at CroLn Hill i5 in complete conflict with the Ci t.J I S r a3 ~er Plan for +he an:a. COlJrJCI U'lArJ HJLSEV Second i-c;. COUfJCILH.D.r C,1lu;:'.RRA Th_2 st'1+ement is not as strong as ~~rs. Turner and she had hoped for ~rn all those oresent here toright. rloweveT I feel +his is tJe[~er than s3ying the City Council is in favor of the developmen". Therefore, I reluctantly feel forced to vote in favor of this l'lotion. U ate Hany people in audience made outcrys of di3grun~lemenc etc.) Question was called on the Motion as follows COUNCILMAN HULSEY Aye. COUNCILMAN MERKL Aye. COUNCIU~AfJ TURi'JER AlOe COUNCILMAN CAVARRA Aye. COUNCILMAN DO~ALDSON Aye. The Motion passed. COUNCILMAN TURNER I would like to ask that a transcript of the comments made here this evening be forwarded along witn the letter to the County Commissioners. MAYOR PRO TEM DONALDSON Is that in the form of a Motion. COUNCILMAN TURNER transcript of the he It)t f-Br to the Yes, I make that a Motion. comments m2~e heTe tonigh+ be LIJU11t.y L ommi:':~lo ST3 II "I move that a forwarded alonq with COUNCILMAN CAVARRA Second it. Question was called on the i'lotion. and passed unanimousllj. . Elise 2ro~g am, Ci ! Clerk 12/30rS ..... MINUTES TRANSCRIPT - Continued - 12/29/75 - Page 8. ~=.O ref - -r; \..~ I0C95 'liheat R1C:::; =, Deceo.ber 22, ..=. .. :1 t'"., ! ~,.~ !L..S Iw .i"" .. /\w_. :J(:_C. cCC5=-) Gf'rY r I975 . ~,' -. --; \ ..... "1 The Ci~y 0ou:1=il_o:rrr~.=;!:, :\:!-:.;= u City Rall, ,i:, ee. t :i.i::c: =, :; 010= 8.:'0 M:::.rE::...-.s 0:' T:-E C:U~~IL: ; -0'" - \ " Bei~ ur:e..~le to 0.-:-::::-::. yov.r :J~c-==::':::- 20t:l Council give jO'..J ~y vie'fig or "'~B: e.:-:icr: --}--.. 9~C'.Jl:i ~;~ ::2.:<2n Cor;.ora~...c""i..19 g,;?lic:J.7._Jn fa:' =e-.3::-.i~_ 0:""1 ~I'S CrO'rfn you will cO~3iisr t~~~ :c3~~~er ,.:...'.... ..L......... ot:-er ci t...ze::s' :l~e~::..~, I E.:l '~:ri tir...- ij,1 re.sa:d to t:-:e Ilest F.ill ~re.ct, ar.d. trust. cc:=.e:lts. to As.~en ",.at I b,o li:=v e t\::, t yc"J S Jl::i. 9t:-C~_=.l. / =::?03e +':.:"3 re-z2"lin:; ad. 3:-.oul_ r:lS :3 ::CU~.:'j s.utr...ori -:.iC3 iJ: u~i:-:9. ..8e..ole ~~~s. your C~~C3:' ~i "r.:" :-:.........:: 'r. t~ -::-= u-~.. :-'-~ ':0:1 My reeso~~ are a3 folIo 3. I. If :~.... j ,,t-:3t A3 ---:"1. :~::;. ::" 8.1l~ '7:J d 'O'Ie1:) t1-~~ Crc'.r-:1 .-:ill ';'~2:~ ::l~:~ the l...:-...ss 0_ i-:2 -.......-...... .............".... -- ,~'-" ...-- ,...., --~ :.---- -, :3 ~"'c:ul:..... -~....-'" . - :C~~2~:.~-~cn 0: :2:S_;' ......-3 anj co~:rc~~l s~:iV~~....~3 - __OS9 r ~s.vy cur:'~r.3 on .......g 3e!"~liCC2 2.r'.:. r':SS'jTC=3 of .ineat, 3.__- t --. Ia::~~ c,- -::'J.., '" 1 ,--..... _r 7; ~_:. :i :.:::~....._....._- , ~ r qe=v~c S fer ~ol_ce ~~~ ~i::G ;T~~;~:_~~, s....._ ;;:; '81"3, e:c; a:-.: ":.::'21 ...-ill ~e_~s:e our =~::)',-,,:':'::; - I ~""'~ c.:'::;:~"':.s ~- ~- -::-::...-....: C.:':-':'-J!..:..:::P''1., '. . _!"'_~: ~:"S:2:' :n"~:.s:e a::. 2.__ pollu":.io-., c 2.r-cro in -:!1;;3 '::;-.ccl~ a::_ c:J=~,..;-:'_ ~.;..cn 'rli t:-... l::oJ.l J' :J:.r-ss:. ') .... -. ...~ Y';' - ., ::~.... _ ; - - :.::: --,-- - ~ll :3 eble ~o o~:~i- ~2~:~e~~ c:=- p er..3 3.:' ~C-' :)' :' 3~~A;-J 2~4 3_:i~ce3. ,-'':'=-::: ".. I~ e:-'J _:: - ,.....:."':, this ::.i ~;.,......::; :;.. - ~ .:----:"-:...- .'J.~J :0 '}..::c..!.. :.:.. .~- ....0-_. a:::-...2 .~:i-".., .... c '- ~:::_:~: - -..; -- :"--:::.::' S..!.'J -: -:,..,:: = dir~:.", ::~:. ,..., - :-~l_:-=~. ::,... "" .:.. ~ :.11:: ......C.:.. _s-v :-~-: -:""'c e_:~:t'J ~:' i..-.__ noi3~, ;:.J'!._ wi':.hout i.:- of ttC..i3 -") '" '.... . - - - "" :: 12 ~t ~=c I~:' .; ::. __3 -:::. :'~2__:;_::;S:...:3 a~~G. C'..1:'- ....-~ ~ - c - _ 1.... to ccr-.-.Y:Jl;::;.... 'oJ ~3.... ........ "" r-._ll e.:-~ ..."':_'.:3, 2_r:=-:; ::'J~ 0: __ _ .....S." -v will rS:::J._::1 ,/ ~:;-: ....3 ::':J_: - S....: s. ..;..::..c ";"1.,) _..;,'":S::... s,::€-.: c:-...... ::.:..1-. ~31._"': ope.ratic~1 0:' ~ ~: ._"'.": r.8- s~;:.::_ -:0 re;' l.c-:.:a ':l:' So s::.?~ll. c.... '"' . ;. 2i:-..s.ll:', e.:-..::_ V::;.:':':;=-~ -os:; r::~ 9'22::' 1:. """'ly to o:::'...:r. It rC'J2.~ "'", 2.;:e,_~3:' West Aspen'g i....t'2:'85-S, 2.3 -["As~r iGulci :"cr:'e:.:. ::.. cut-Eiric3 :"_1e C"'1 "'''''sr-:.:. ~\i --2 serV:'Ce3, 'l.....i .:~'....;l...:. r~:..";" .:::'_!, - _.....= :c-2::r.:Y:;is..l ....-:..~~~-n -::,re ~::: ,S,"";.-:. lo.ter ts.~~...;S ...."1 :'-'__": _-.-~ .L~ -:.:; :_'- 13 .~:-:-'l.__S..... 22_::::. "told. tr:2..~ .., -~ cC'...;l... ...."'.... ~ -n.:o ;/i,....ho'-Jt. 23"':, .:\3:;~"" S :.- :r--":S'""":'j __._ have t~9 le-:;l ::'Y':' -- ...:;.-:....:.1 cl:'Jt, :::':-'1 ':s :~.::-:?"'.?.~_c""'.:.l -:,.) ':-.C U ... '_.:..r rzi\;J:.:..l. ~ C' ....:::::.:; ....,:.....:!.-: ;.:'...-' ::'2 - .?.: ~.:.. _........_ ind =~lr..i -: ~ -' c.....;-. 9. (=i.~-~c.. o~ i:::c::'?G.tibla ~=o ,I::: S"':!.1C ir..~o.... ~J a oU+r.~!'r: ":.1c:c. s: Q ....'": :.-_i- _C~, :...:-:.....:-e ':i:y CO' --.';.;:.':'3 For ~.SS9 ~SaSG~9 I bclisve ~~e~ up as a disa.ster Jefferson Countj for ~:e lJ':-:sat to reru:Je it.. ~. . ;o.~r:'~~ ~:- is zoci r;; I 1mOi<l, e.ni cr..:'~-,:;e I hope cul~ ~e Ii Q~V to that you will ur;: ~ DIS,RIBUTED TOll " / .'- D.....TE: /72//71 CITY CLE''<V CGuNcrt. MAyeR CITY ADM. ./ V~7 truly yours, rtzuvv':;1 Lc \ , Harry W. li;{lund I ( 117/[(.!- [l..' \ CITY A T7Y -; I , ='--;-'- ~I-J.,_:.." Il. Tit.,