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Home My WebLink About11/05/1970 MINUTES November 5, 1970 The eighty-third regular meeting of the Wheat Ridge City Council was called to order at 7 30 p m in the Council Meeting Room at 7390 West 38 Avenue by Mayor Albert E Anderson Aldermen attending were Dana Bowling, Jack Bramble, Joseph Don- aldson, Robert Howard, Calvin Hulsey, and ~ay Pepe Others attending were Mayor Anderson, Clerk Louise F Turner, Treasurer James Malone, City Attorney Maurice Fox, Planning Dir- ector James Mier, Assistant Engineer Clyde Hobbs, Director of Administrative Services Walter Johnson and Finance Officer Walter Grande Mr Harold Ellingson of McCall Ellingson Consulting Engineers appeared to request that Council approve a proposal from his company. Motion by Alderman Bowling "I move that in regard to the proposal from McCall Ellingson for study of alternate storm sewer routes in the area bounded by Lutheran Hospital and Pierce Street the Rocky Mountain Ditch and 38 Avenue, that the proposal be approved with a $5,000 00 limit for 1970 and a ninety (90) day time limit" Motion was amended to add "and if additional amounts are needed beyond the limit set during the 1970 Budget Year, Council would consider increasing the amount, or if they are needed in 1971 they would be approved from the 1971 Storm Drainage Budget" Motion was seconded by Alderman Bramble and passed 6-0 WZ-70-20 Rezoning Hearing continuation was held Applicant Robert Hartman-represented by Attorney Gerald Boatright requested a change from R-C, Restricted-Commercial to C-1, Commercial-One. Attorney tloatright stated that the surrounding zoning is as follows West - Residential and not developed South - Along Kipling Commercial-One (C-1) North - Restricted-Commercial to 41 Avenue and Commercial- One (C-1) north of 41 Avenue East - Across Kipling, Residential being used as Everett Junior High School, and he considered school use to be a Commercial- One (C-1) use Northeast - diagonally is a Commercial-One (C-1) tract He presented petitions containing eighty-six (86) names and stated 1 That these included all adjoining land owners, all residents and land owners on 41 Avenue West of Kipling, all but one on 41 Avenue East of Kipling and others 2. That the petition said clearly why the property should be rezoned 3 That if the City should restrict the use of land, it must prove that it affects the surrounding land use. 4 That if it is zoned Commercial-One (C-1), any Commercial- One use would be permitted, regardless of what is written in the application. 5 That Commercial-One (C-1) Zoning would not be detri- mental and the rezoning should be approved Mr Robert Hartman, the Applicant, stated petitions, he asked people to read them. Mr Willer, Mr Bevins and Mr Easler who property on the North, South and West had that when he passed the Also that Mr. Galves, own all of the adjacent signed Speaking in opposition were -2- John Opie of 10235 West 33 Avenue who submitted petitions Rita May Flanagan of 9820 West 41 Avenue, and Nancy Opie of 10235 West 33 Avenue. Cr T9,- {; Consensus of opinion{was 1 That the Planning Department recommended denial. 2. That the Planning Commission recommended denial 3 That Commercial-One (C-1) Zoning is not compatible with the area, and if granted would constitute spot zoning. 4. That rezoning is not necessary to permit business 5. If granted, Commercial-One (C-1) Zonign would open the location to almost any use 6. That out of the twenty-four (24) homeowners on 41 Avenue eighteen (18) had signed a petition in opposition to the rezoning Two were opposed but did not sign, two were in favor of rezoning, two had no objection, four who had signed asked if their names could be removed from Mr. Hartman's petition. 7. That this would be a downgrading in zoning without benefit to the City, to Kipling Street or to the residents Motion by Alderman Bowling "I move that Case WZ-70-L'0 be tabled for a decision on November 12, 1970 at 7 30 pm" Motion was seconded by Alderman Bramble and passed 6-0 Budget a~d Appropr~ations Report for October was given by Treasurer James Malone Report indicated that 80% of anticipated revenue has been received and 62% of appropriations expended Resolution No. 92 was introduced by Alderman Donaldson and read Motion by Alderman Donaldson "I move that Resolution No 92 appointing Walter H Johnson as Deputy Treasurer be approved." Motion was seconded by Alderman Bramble and passed 6-0. Resolution_J':I..[]~_~ setting out redistribution of appropriations wi thin the Budget was read Motion by Alderman Bowling "I move we dispense with the reading of Page 2. of Resolution No. 94" Motion was seconded by Alderman Bramble and passed 6-0. Motion by Alderman Bowling "I move we approve Resolution No 94" Motion was seconded by Alderman Hulsey and passed 6-0 Ordinance No 66 pertaining to Health Establishments was introduced by Alderman Bramble and read. Citizens comments pertaining to a business in a location with Residential Zoning were made by the following people Mrs I.J. Bacher of 4701 Wadsworth, Mrs Luke Glazier of 4670 Wadsworth, Mrs Will Mumford of 7630 West 48 Avenue, and Mrs Melvin Turner of 7610 West 48 Avenue A record of their comments are in the General File Motion by Alderman Bramble "I move that Ordinance No 66 pertaining to licensing and regulating health establishments be approved and that it be published in the Wheat Ridge Sentinel and posted in six places" Motion was seconded by Alderman Donaldson and passed 5-0 Ordinance No. 67 setting the salary of the City Clerk and City Treasurer for 1971 was introduced by Alderman Donaldson and read Motion by Alderman Pepe "I move that Ordinance No and adopted on first reading and that it be published Motion was seconded by Alderman Howard and passed 6-0 67 be approved and posted." -3- Resolu~i~~___95 and 96 pertaining to Wheat Ridge Water District recommendations were introduced. Motion by Alderman Pepe "I move we waive the reading and approve Resolutions No 95 and 96" Motion was seconded by Alderman Howard and passed 6-0 Resolution ~~97 pertaining to Freeway I 80S was introduced by Alderman Bowling and read Motion by Alderman Donaldson "I move we adopt and pass Resolution No 97" Motion was seconded by Alderman Bowling and passed 6-0. Motion by Alderman Donaldson "I move that Mayor Albert E Anderson be authorized to purchase property described in Ordinance No 53 in name of the City of Wheat Ridge, Colorado an undivided one-half interest and sign a contract for option to purchase the remaining one-half interest in the name of the City of Wheat Ridge, Colorado, with the total price for each one-half undivided interest to be thirty thousand dollars ($30,000.00), or a total purchase price of sixty thousand dollars ($60,000 00) Payment to be made at time of closing for undivided one-half interest and purchase price on parcel option shall be made at time of exercise of option on or before January 4, 1971, and after January 1, 1971, and that the Treasurer be authorized and directed to provide $30,000 00 (thirty thousand dollars) in certified funds payable to Hadea Mestecky and Frederick Frank Mestecky and further directing the Treasurer to withdraw up to $20,000 00 (twenty thousand dollars) pursuant to Resolution No 82 previously approved" Motion was seconded by Alderman Bowling and passed 6-0. Alderman Pepe requested that the Planned Unit Development Ordinance be on the agenda next week. <,"",/7, c' y?,,, - S~) _ /7" S' ,?,E ,,- A ...-z.-- c:: /?" --<',/ E /j .:- ,<:""-Q Meeting was adjourned at 11 25 P m (/bt4-G --7 ~A--Y~ Louise F Turner City Clerk , ,~ -/7' -~ {/\ '-" / / // //<.-' /<.-