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HomeMy WebLinkAbout04/15/1971 MINUTES April 15, 1971 The one hundred and third regular meeting of the Wheat Ridge City Council was called to order at 7:30 p.m. by Mayor Albert E. Anderson at 7390 West 38 Avenue. Aldermen attending were: Dana Bowling, Jack W. Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe. Others present were: Attorney Maurice Fox, citizens. Mayor Anderson, Clerk Louise Turner, City department heads, staff members and interested Citizen Comments were made by: Dr. David T. Snow of 11568 West 39 Avenue who stated that the Flood Plain:Drdinance would become effective on May 8, 1971 and that terms of this Ordinance are being violated in a high density development on the south side of 38 Avenue on property formerly owned by Claire Olsen. He said this property is in the cross channel of the Lena Gulch spillway and that these apartment buildings should be flood proofed for the protection of the people who might live in or buy these apartments. He asked the City Attorney if there is any other Ordinance which might be called upon to correct the matter prior to May 8, 1971. Maurice Fox, City Attorney, said he would like time to look into the matter. Rezonin~Case_~Z-70-08 came up for decision. Maurice Fox, City Attorney, presented to Council maps diagraming the land involved in the proposed rezoning and stated that Highland West had been built under the County Zoning Resolution which was adopted by the City of Wheat Ridge as Ordinance No. 11. He read from Ordinance No. 11 - Residential-Three District, paragraph c. (1) "minimum lot area shall not be less than 2,000 square feet per unit." He stated that at present 239,339.7 square feet support the existing high rise structure under the existing regulations and that the re- quest of the rezoning is that 49.58% of the total land be str~en. Mr. Fox read from the regulations governing action of the Board of Adjustment which said that a minimum requirement having been set, the Board could reduce it by no more than 20% and that since this request involves 49.58% of the land the Board of Adjustment cannot act. That in effect it would be taking approximately 50% of the land away from the structure and increasing the density by 100%. He explained that taking 50% of the land away from the structure would be denying due process in that the high rise would become a non-conforming use and that in the event that 60% of the building might at some time be destroyed, the structure could not be used at all. He summed up his comments in the following statement "Gentlemen, I ask you to consider a Motion which I have prepared to deny this rezoning. As a matter of law you have only one choice." It was also explained that unless a substantial change of conditions is shown a request for the same change of zoning cannot be made for one year. Motion by Alderman Donaldson: "I move th~ Case WZ-70-08 be denied for the following reasons: A. The existing proposal is in derogation to the adopted Wheat Ridge Comprehensive Plan and to Zoning Ordinance No. 11. B. To approve the proposal would be tantamount to taking property without due process of law. C. The City would be condoning acts which are unlawful under Ordinance No. 11." 2. Motion was seconded by Alderman Hulsey and passed 4-1. Alderman Pepe voted "nay" and asked to go on record as saying he felt the people present should not be penalized by having to wait one year to reapply. Alderman Bowling abstained because he had not been present at the hearing. WZ-71-05 Rezoning Case came up for decision. Applicant Pearl Walsh had requested a change from Residential-Two to Restricted-Commercial- One at 6055 West 46 Avenue. Motion by Alderman Pepe: "I move that the rezoning request in Case WZ-71-05 from Residential-Two to Restricted-Commercial-One be granted inasmuch as to the North is commercial, South is vacant and commercial, East is commercial and it would serve as a buffer between the commercial areas and the residential area to the West." Motion was seconded by Alderman Donaldson and passed 3-1 with Alderman Howard voting "nay" and Aldermen Bowling and Bramble abstaining because they had not been present at the hearing. A Public Hearing was held pertaining to a 3.2 Beer Code violation and the summary suspension of a 3.2 Fermented Malt Beverage Package license of the Southland Corporation's 7-11 Store No.7 at 9130 West 44 Avenue. Representing the Southland Corporation were Mr. John Kane and Mr. Edward Flitton who admitted the allegations, explained the Southland Corporation's policy and stated the employee involved in the incident had been discharged and the manager had been trasferred to another store. Complete proceedings were recorded by Court Reporter Harve Clements. Motion by Alderman Pepe: "I move that in the matter of the Fermented Malt Beverage License for the Southland Corp., dba 7-11 Grocery Store at 9130 West 44 Avenue, Wheat Ridge, Colorado, the following Finding of Fact is hereby made: 1. The allegations as alleged by the City of Wheat Ridge as Complainant in this matter are true. 2. The violations as alleged did, in fact, occur. 3. A Summary Suspension of this license has been previously made by the City Council." Motion was seconded by Alderman Bowling and passed 6-0. Motion by Alderman Pepe: "I move that the license herein under dis- cussion (i.e. Fermented Malt Beverage License for Southland CorporatioITs 7-11 Store No.7) be suspended for a two week period with the time of summary suspension from April 2, 1971 to April 15, 1971 to count toward the period of suspension." Motion was seconded by Alderman Hulsey. Motion was amended to include "and that the store be allowed to resume sale of beer at noon on April 16, 1971." The amendment was approved by the second and the Motion passed 6-0. Upon conclusion of the Hearing, Alderman Bowling asked to go on record as stating that he had not fully understood that this would be the extent of the penalty, that it could have been for up to six months, and that his intention was that it should have been for six months. A request for paving of Field Drive in Field Park was made by Boyd Kraemer. Motion by Alderman Hulsey: "I move Field Drive in Field Park be taken the amount not exceed $5,500.00." Pepe and passed 6-0. that the money for the paving of out of Account No. 461 and that Motion was seconded by Alderman Motion by Alderman Donaldson: "I move that the plan presented by the Parks and Recreation Commission to spend the balance of Account 452.7 3. on playground equipment to be used in the old Wheat Ridge Recreation District be approved and that the purchasing agent be authorized to purchase this equipment as authorized by the Park Superintendent." The amount involved is $3,882.00. Motion was seconded by Alderman Bramble and passed 6-0. Mr. Robert Barr presented a proposal that a Mass Transit Force Citizens Committee be appointed. The Committee is to have nine members - one appointed by each Alderman and three by the Mayor. Motion by Alderman Bramble: "I move that a Citizens Task Force on Mass Transit for Wheat Ridge be formed with nine members of which six are appointed by City Council and three by the Mayor. The Task Force shall serve for one year and be under the cognizance of the Planning Commission. The general responsibilities of the Task Force shall be the following: 1. To advise the City of Wheat Ridge on needed improvements in mass transportation in the City and to investigate solutions of the various public transportation problems. 2. In coordination with the Wheat Ridge Planning Department formulate plans for accomplishing the most effective means of adequate mass transit to the citizens of Wheat Ridge. 3. In coordination with other mass transit task forces develope plans to bring about solutions and recommendations to problems in the contiguous cities. 4. In coordination with the Wheat Ridge Planning Department develope a plan for review by the City of Wheat Ridge for inclusion into a Master Plan in the matters of traffic patterns, mass transportation feasibility, developmental policy advisement, major thoroughfare plans, and transportation routes type designations." Motion was seconded by Alderman Donaldson and passed 6-0. Alderman Hulsey requested that the appointment of this Committee be on April 29, 1971. Ordinance No. 81 pertaining to the fiscal year was brought up for second consideration and the title read. Motion was made by Alderman Pepe, seconded by Alderman Bowling and passed 6-0 "that the Clerk dispense with reading Ordinance No. 81 introduced by Alderman Donaldson." Moti.Q.!:! by Alderman Bramble: "I move that Ordinance No. 81 pertaining to the fiscal year be passed on second reading and be published and posted." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 82 pertaining to Improvement District No. Six was brought up for second consideration and the title read. Motion was made by Alderman Pepe, seconded by Alderman Bramble and passed 6-0 "that the Clerk dispense with reading Ordinance No. 82." Motion by Alderman Hulsey: "I move that Ordinance No. 82 be adopted on second reading and be published and posted." Motion was seconded by Alderman Bowling and passed 6-0. Mayor Anderson asked if Council wanted to take any action on the street lighting on Wadsworth Blvd. and stated that Council action was not necessary. Motion by Alderman Bowling: "I move that final decision on the street lights on Wadsworth Blvd. be made by the City Council." Motion was seconded by Alderman Pepe and passed 4-0. Alderman Hulsey abstained because of possible conflict of interest and Alderman Bramble abstained because he had not attended the Public Service Company demonstration. Meeting was adjourned at 10:00 p.m. " ) ,.-.--" -/' i 1_2~7~::J-<-, / ,-~-</t~YL.?,J Louise F. Turner C~tr~n~~(~Ik -/ ry 7' 2l~/- -Y~J, /7/