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HomeMy WebLinkAbout09/13/1976 tlI ~I~T::: 5 September 13, 197b The threB hundred and thirty-sixth regula~ meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 p.m. at 4355 Field Street. Councilmen present were Hulsey, Larry Merkl and absent. Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Councilman Robert How~rd W~G Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk =lise Drougham, staff and interested citizens. There being no correciions or deletions to the Minutes of August 30, 1975, the Mayor declared they stood approved as written. Item 1. was reconsideration of Council Motion regarding the approved Mass Rezoning from Residential-Three to Residential-One-C of the area bounded by W. 29 Ave., W. 32 Ave., Fenton and Sheridan Blvd. with the stipulation that each property owner be contacted individually and each one wishing to be rezoned will be and those declining will not be rezoned. Dennis Zwaqerman, Director of Community Development stated he felt the people in the area had been adequately notified and that they had exempted every existing double that met the requirements of the existing building code. Scott Fabiano of Columbia Gardens Assoc. stated they had notified the people in the area with a questionnaire to be returned if they wanted to be exempted in the rezoning. He stated they did not have to return it if they agreed with the rezoning. He added that ~ot every single person had been notified." Councilman Turner stated she felt it was the City'S responsibility to notify every property owner so that anyone who wished to be exempted could be. Burton Bebee of 3177 Chase questioned what was allowed under R-1-C zoning and R-3. Amos Leaf of 2845 Chase stated everyone who requested an exemption should be exempted. Walter Smith of 3085 Eaton stated he did not return his questionnaire because he was in favor of the rezoning and asked when the property became R-3 and why weren't the people notified. Speaking in favor of the rezoning were Robert Campbell of 3145 Eaton, Hiram Siraf of 3150 =aton, R.G. Skoog of 3101 Ames and Alice Narati. Motion by Councilman Cavarra "I move that the City Council find that the City has met with the legal requirements of publishing and posting and that the Columbia Gardens Assoc. has adequately notified the owners involved in the mass rezoning of Olinger =ardens, and that the rezoning be approved for the Hearing that was held on June 14, 1975 from Residential- Three to Residential-One-C as recommended by the Planning Commission and shown on the map that is on file in the Planning Department." Motion was seconded by Councilman Donaldson and passed 5-0. Councilman Turner asked what would happen to a resident who was away and later finds out that his property had been rezoned without being notified. Citv Attornev Fox SBted he could appear before Council and request exclusion from the rezoning, and Council could take the suitable action. She also requested that in the future the policy be for rezonings that the Planning Department notify and receive an answer from every property owner. MINUTES - 9/13/75 - Continued -2- Item 2. Ordinance No. 219 was introduced by Councilman Turner and the title was read. The Ordinance amended Ordinance No. 34 and allowed city responsibility for tree maintenance on the ROW. Councilman Hulsey stated he felt this ordinance 5hould be referred to the Park and Recreation Commission before it is voted on. Motion by Councilman Turner "I move that Ordinance No. 219 be approved." Motion was 5econded by Councilman Cavarra and the vote was 3-2. Councilman Donaldson Voted "nay", Councilman Hulsey voted "nay", Councilman Merkl voted "aye", Councilman Turner voted "aye" and Councilman Cavarra voted "eye." City Attorney Fox stated the ordin~nce did not pass because it must have a majority vote of all elected members. Councilman Cavarra requested a written ruling on vote requirements. Item 3. wa decision of alignment of Lena Gulch as recommended by Wright McLaughlin Engineers in their Master Plan. Dave Love of Wright McLaughlain was present with map of the floodway. Motion by Councilman Merkl "I move that Council take proper action to give notice of the location of the Lena Gulch 100 Flood Channel as established by Wright McLaughlin engineers." Motion was seconded by Councilman Donaldson and passed 5-0. It was stated this notification should be posting, personal notification of property owners, publication and recording a legal description of the floodway. Peter Rex of the Lena Gulch Task Force stated they feel the Red ~arl is a hazard and stated the Urban Drainage District is having a hearing on October 21st for the funding allocation and asked if the City would be represented. He asked who should they contact on Lena Gulch matters and he was told to contact Mr. Jerman. Dave Love stated the section involving the Red ~arn has an alternate route around the structure but they do recommend removing the Red Barn. He stated th~ recommend removal of one house and that there is an undersized culvert under Kipling that the state installed. He did not have the exact drawing for this recommendation and he is to bring it back for action on 9/[7/76. ~otion by Councilman ~erkl "I move the Co~ncil accept the Wright McLaughlin recommendation of the ~~aster Plan Alternate as defined on the map reflecting Station 0+00 to Station 20+00, said alignment being the historic channel and being further described by Wright McLaughlin Engineers as the best possible alignment based upon their study of the Lena Gulch floodway. urther that expenditure along said alignment as depicted on map ~tation 0+00 to 20+00 herein not exceed $351,000.00." Motion was seconded by Councilman Cavarra and passed 5-0. Motion by Councilman Merkl "I move the Council accept the Wright McLaughlin recommendation of the Master Plan Alternate as defined on the map reflecting Station 40+00 to Station 52+00, said alignment being the historic and existing channel and being further described by WrightMcLaughlin Engineers as the best possible alignment based upon their study of the Lena Gulch ~loodway." Motion was seconded by Councilman ~avarra and passed 5-0. Motion by Councilman Merkl "I move the Council accept the Wright McLaughlin recommendation of the Master Plan Alternate as defined on the map reflecting Station 62+00 to Station 92+00, said alignment being the historic and existing channel and being further described by Wright McLaughlin Engineers as the best possible alignment based upon their study of the Lena ~ulch Floodway." Motion was seconded by Councilman Cavarra and pa5sed 4-0. Councilman Turner abstained. Councilman Turner asked if modification on this route were possible and Mr. Love stated "ye5." MINUTES - 9/13/75 - Continued -3- Motion bV Councilman Merkl "I move the Council accept the Wright McLaughlin recommendation of the Master Plan Alternate a5 defined on the map reflecting 5tation 92+00 to 5tation 121+00, said alignment being the historic and existing channel and being further described by Wright McLaughlin Engineers as the best possible alignment based upon their study of the Lena Gulch Floodway." Motion was seconded by Councilman Cavarra and passed 5-0. Motion by Councilman Merkl "I move Council authorize the City Admini~trator to immediately begin compiling the legal description of the Lena Gulch Flood Plain as described by the Wright McLaughlin Study." Motion was seconded by Councilman Donaldson and passed 5-0. Item 4. was a request of the Wheat Ridge Sanitation District for an easement on the City Greenbelt for installation of a metering station Attorney Ben Loye was present and had presented a drawing showing what the metering station would look like and that a fence will not be required. City Attorney Fox stated this matter did not have to go before the Planning Commission. The location is near 44 Ave. & Clear Creek. Motion by Councilman Cavarra "I move that an easement be granted to the Wheat Ridge Sanitation District to be executed by the Mayor and the City Clerk." Motion was seconded by Councilman Donaldson and passed 5-0. Mr. Loye is to provide the City with ~e easement document. Item 5. was Resolution No. 458 requesting the Jefferson County Open Space Committee to secure appraisals for land at West 32 Avenue and Union Street. The Resolution was introduced by Councilman Cavarra and was read. Motion by Councilman Cavarra "I move Resolution No. 458 be approved." Motion was seconded by Councilman Hulsey and passed 5-0. Item 10. was the recommendation from the Public Works Director and Engineer that cross pans at W. 35 Ave. and Ames and Benton should not be installed due to the grade of the street They recommended that a buried conduit be installed with catch basins on each end. Citizens Mr. Ron Ewinq of 3500 Benton and Mr. Jess Jones of 3494 Benton both testified that there was a drainage problem there and did not think the recommended "bubbler system" would work, and had measured the street themselves and recommended installing crosspans. Councilmen Merkl and. Donaldson both felt the City had taken too long to study the problem and that crosspans should be installed. Motion by Councilman Merkl "I move to direct the Public Works Dept. to immediately begin designing and installing crosspans at W. 35 Ave. & Ames and Benton I further move the Public Works Dept. immediately begin repair on the crosspans at W. 41 Ave. and Harlan and W. 41 Ave. and Ingalls. I move also to direct the Public Works Dept. to immediately correct the problem at W. 41 Ave. and Kendall to be charged to the Capital Improvement Fund Account 540.00." Motion was seconded by Councilman Donaldson and passed 5-0. Councilman Turner also stated there is a drain~ problem at W. 35 Ave. & Allison. The Mayor directed Mr. Jerman to study this and report back. Item 5. was Resolution no. 459 establishing a Civil Committee and setting out duties of the Committee. was introduced by Councilman Merkl and was read. Defense Advisory The Resolution Motion by Councilman Merkl "I move for the adoption of Resolution No. 469 and order it published.*" Motion was seconded by Councilman Turner and passed 5-0. *NOTE Resolution are not published. MINUTES - 9/13/75 - Continued -4- Item 7. Resolution No. 470 was in1.roduced by Councilman Donaldson and made appropriation adjustments in various department accounts. Said Resolution was read. Motion by Councilman Donaldson "I move for the adoption of Resolution No. 470" Motion was seconded by Councilman Hulsey and passed 5-0. Councilma[l Turner voted "aye", Councilman Caarra voted "ave", Councilman Donaldson voted "aye", Councilman Hulsev voted "aye", and Councilman Merkl voted "aye." Item 8 was a request to replace an existing controller and cabinet at mid-block location school crossing at W. 44 Avenue and Oak Street. Motion by Councilman Merkl "I move we authorize the replacement of a mid-block controller and cabinet at W. 44 Ave. and Oak St. to be charged to the Capital Improvement Account 541.00 at a cost not to exceed $1,250.00." Motion was seconded by Councilman Ilulsey and passed 5-0. Item 9. Mayor Stites read a Proclamation naming t.he week of September 17-2~, 1975 as Constitution Week. Item 11. was a report from Asphalt Paving Co. stating thaycould install an asphalt basketball/volleyball court and park lot at Panorama Par at $12.00/ton for $5,700.00 which would be an extension of the 1975 paving projfft PW-76-1. Mr. Jerman staUID there would be an extra cost of $400 for equipment at the park. Motion by Councilman Merkl "I move to authorize the City Administrator to execute an extension of the contract for Panorama Park improvement and bring in a Resolution in 2 weeks for an appropriate transfer of funds." Motion was seconded by Co~ncilman Donaldson and passed 5-0. Item 12. was a report from the Director of Parks on various estimates which would be charged to appraise the Swimland structure. Motion by Councilman Cavarra "I move we take no further action regarding the Swimland proposal." Motion was seconded by Councilman Turner and passed 3-2. Councilmen ~ulsey and Donaldson voted "nay." Councilman Cavarra asked that the Director of Parks look into the possibility of matching federal funding for a pool and bring back a report. Item 13. was a report from the Police Chief stating he had not endorsed the door to door solicitation of Residential Security Inc. and that he had told the company that Wheat Ridge did not have any requirements for licensing a security guard. The report was acknowledged. Item 14. was a report from the City Attorney on the City initiated annexation along Youngfield and Clear Creek. He stated he had prepared the proper resolution and ordinance and that the Planning Commission must consider the zoning. Resolution no. 471 was introduced by Councilman Merkl and l'ead calling for the consideration of the annexation ordinance at public hearings set for November Band 29, 1976. Motion by Councilman Donaldson: "I move for the approval of Resolution No. 471." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman M~ requested that the City look into forming a Special Improvement District throughout the City to install curb and gutter. It was mentioned that there would have to be means of funding such as a bond and there are areas in the City that need a ditch to carry the amount of water in those areas. Councilman Hulsey requested that t.he City look into the formation of a Special Improvement District for the Lena Gulch floodway. Meeting was adjourned / :;;- -, / I . 1. ,.'.( L ~ 1 - ---;l ~' ~ /.. ~ ;' / / I, A R VED 1/ ! r at 12:00 midnight. -\ \ l --) L c -' / 1: ' < !(J.iJi ? L_ Erke Brougham, i ty perk