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HomeMy WebLinkAbout10/14/1971 MINUTES October 14, 1971 The one hundred and twenty-ninth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p m. at 7390 West 38 Avenue by Mayor Albert E. Anderson Aldermen attending were Jack Bramble, Dana Bowling, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also attending were Mayor Anderson, City Attorney Maurice Fox, Treasurer James Malone, Deputy City Clerk Elise McMillen, department heads and interested citizens. Citizen's Comments were made by Representative George Fentress who stated that he had notified the Chief of Police last week because he had received some calls from citizens questioning the placement of political signs in the City He stated there is a State Statute which prohibits the placement of any political signs on property along streets or highways except commercially or industrially zoned land Alderman Ray Pepe presented a petition from Rose Riley requesting a signal light to be placed at the corner of 32 Avenue and Teller. He stated that there had been a recent accident at that corner and several had occurred in the past The petition and request are to be referred to the Public Works Department Budget and Appropriations Report was presented by Treasurer James Malone for the period ending September 31, 1971. He stated the total revenue received was 85 8% and total expenditure was 61%. Resolution No 142 was introduced by Alderman Hulsey which authorized the withdrawal of up to $19,000.00 from Western Federal Savings and Loan Assoc Motion by Alderman Bowling "I move that Resolution No. 142 be approved and adopted." Motion was seconded by Alderman Donaldson and passed 5-0 Resolution No. 143 was introduced by Alderman Donaldson which authorized the withdrawal of up to $19,000.00 from Silver State Savings and Loan Assoc Motion by Alderman Pepe "1 move that Resolution No 143 be approved and adopted." Motion was seconded by Alderman Hulsey and passed 6-0. (It was noted that a previous Resolution requesting a withdrawal from the same account had never been used and that the present Resolution supercedes the previous one) Resolution No 144 was introduced by Alderman Bowling which authorized the withdrawal of up to $19,000.00 from Majestic Savings and Loan Assoc Motion by Alderman Donaldson "I move that Resolution No 144 be approved and adopted" Motion was seconded by Alderman Pepe and passed 5-0. In regard to the amendment and acceptance by City Council on the Land Use Plan, City Attorney Maurice Fox stated he would need a minimum of three weeks for research to form his legal opinion on the Attorney General's ruling that a city council can only accept or deny such a plan and not amend it Case WZ-71-29 for rezoning of approximately four acres at 9100 West 44 Avenue from Agricultural-One to Commercial-One was heard. The applicants were W Band M E White who were represented by their attorney, Richard I Drawn Representing the Kiwanis Club of Wheat Ridge who is the option buyer, subject to rezoning, was Joe Berube, attorney, of 8701 West 38 Avenue Robert Barr of the Planning Department stated the following 1. The (previous) Comprehensive Plan shows for this parcel high- way commercial 2 Requested zoning amendment is in keeping with general char- acter of frontage properties on 44 Avenue from this parcel and extending west 3 Requested zoning amendment is almost entirely excluded from flood plain area - ~ -2- 4 West 44 Avenue has a width of 102 feet at this access and egress caused by zoning amendment may be properly 5 The Planning Department recommends approval of parcel and handled. requested zoning amendment He also said that the Planning Commission had made the following Motion "That the rezoning of the property located at 9100 West 44 Avenue be for- warded to City Council with recommendations of approval from Agricultural-One to Commercial-One on the basis that it is the best land use for the property involved, that land that fronts on West 44 Avenue lends itself to commercial application, and there is a heavy commercial district directly across the street with a shopette and lumber yard." He stated that the property was properly posted and published and no ROW was needed Mr Berube statEd the following That the Kiwanis Club is the option buyer of the land from the Whites subject to rezoning That the total amount of land owned by the Whites is approximately 13 9 Bcres and they plan to buy it. They plan to sell the front piece of this property if it is zoned commercial quickly and the proceeds from the sale would be used to pay the Whites and then have the land clear to donate to the City for parkland That 50 feet on the east side along Cleark Creek is not included in the rezoning request which would allow for the continuance of the Green Belt and could be used for a bridle path etc That the highest and best use of the land would be commercial zoning which is really the issue regardless of who the option purchaser would be That previous appraisals made on the land have been made and sub- mitted to the City. Alderman Howard clarified that the City has possession of these appraisals and that they be filed. Mr. George Pierce of 2285 Beech Court, President of the Kiwanis stated that the club had tried to purchase the same land in 1958 with the same purpose in mind, that the subject parcel is now undeveloped and it is surrounded by commercially zoned land and that no realtor fees are to be earned. No one appeared in opposition Motion by Alderman Pepe "I move that Rezoning Case WZ-71-29 requesting zoning be changed from Agricultural-One to Commercial-One be taken under advisement for one week for a decision to be rendered in these chambers at 7 30 p.m on October 21, 1971 " Motion was seconded by Alderman Donaldson and passed 6-0 Motion by Alderman Pepe "I move that Howard Bunger be named a member on the Arborist Committee to replace Dean Schiemann." Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Bramble "I move that John Opie and Jay Dumler be re- appointed as members of the Board of Adjustment." Motion was seconded by Alderman Bowling and passed 6-0. Ordinance No. 95 was reintroduced by Alderman Howard and read pertains to a one cent cigarette tax increase The Ordinance Motion by Alderman Howard "I move that published and posted on first reading." Hulsey and was defeated by a vote of 0-6 voting "nay" Ordinance No. 95 be adopted and be Motion was seconded by Alderman with all Aldermen unanimously City Attorney Maurice Fox stated that the 1972 Budget would probably be exceeded in not need to be amended at this time. anticipated revenue for the other areas and the Budget does Meeting was adjourned at 9 00 P m ~ ~, __/}-1 "/,-'1 / - /;{ ~ 2L--- )> ( ( J /( {.{Xk:>C 1 E ise McMillen - Deputy City Clerk I / ^ nnt'n\"i-~ri