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
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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
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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
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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
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