HomeMy WebLinkAbout02/17/1972
MINUTES
February 17, 1972
The one hundred and forty-seventh 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 Dr Paul Abramson, Jack Bramble, Joseph
Donaldson, Robert Howard and Calvin Hulsey. Alderman Ray Pepe was
absent.
Also attending were Mayor Anderson, Clerk Louise Turner, City
Attorney Maurice Fox, staff personnel and interested citizens.
It was announced that the Marshall Park Subdivision would be heard
by the Planning Commission on Tuesday, February 22, 1972.
Citizen's Comments were made by
Les Litherland of 4761 Estes representing residents of the
Clearvale Subdivision (Approximately 20 of whom were present) who asked
the status of the price of water which has been furnished to them by
Arvada up til now at twice the price paid by Arvada residents.
He also stated Arvada trash trucks are no longer serving the
area and that residents would like a stop light at 44 Avenue and Garrison
so that children might cross 44 Avenue safely to use Field Park.
Alderman Hulsey requested that a traffic count be taken at 44 Avenue
and Garrison and a report given to Council in the near future.
Mayor Anderson explained that an agreement had been reached between
Arvada and the Wheat Ridge Water District, water would be sold to
Wheat Ridge Water District at a distributor's rate resulting in a
lower rate for citizens and that actual change-over was in process
but required time for placement of hydrants, meters etc. Also, that
the traffic department would look into the possibility of a light
and that Wheat Ridge had no regulation on trash trucks and that
they were regulated by the P.U.C
Also commenting were
Gene Arlo of 4660 Estes who questioned the price of water in the
Clearvale area.
Robert Quental of 3005 Jay who asked that Jay Street from 29 Avenue to
32 Avenue be paved, stating it had been paved long ago and that petitions
had been given to the Mayor.
Alderman Howard asked that the Clerk read a Resolution of the Denver
Regional Council of Governments relating to Dutch Elm Disease and a
letter from James Quinn of Research Associates pertaining to Flood
Plain Regulations.
Both are attached to the Minutes. The Resolution is filed under "Trees _
Dutch Elm Disease" in the General File. The letter is filed under
Flood Plain Information in the General File
Alderman Abramson stated that the letter sounded as though the Flood
Plain Ordinance had been written by Mr. Quinn, that it had been written
before the Urban Drainage District was formed and comments in the letter
should "be taken with a grain of salt."
Preliminary Hearing for a 3-way hotel and restaurant liquor license for
J & E Corp. was held. Applicants Pasqual Aiello and Raymond Valente
were present and were represented by Tim Campbell, attorney.
Motion by Alderman Donaldson "I move that a Public Hearing be set for
March 30, 1972 for a hotel and restaurant license for J & E Corp dba
Jenny's Pizzeria, 6995 West 38 Avenue and that the neighborhood be a
one mile radius, subject to change in accordance to evidence presented
at the hearing." Motion was seconded by Alderman Hulsey and passed
4-1 with Alderman Bramble voting "nay."
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Public Hearing for a fermented malt beverage package license for Mac
Oil CD. dba Kwik Stop at 10390 West 38 Avenue.
Applicants Samuel Forbes, Myer Schaffner and Charlotte Schaffner were
present and were represented by Attorney Frank Plaut. Complete pro-
ceedings were recorded by Court Reporter Harve Clements.
Motion by Alderman Donaldson "I move that the fermented malt beverage
package license for Mac Oil dba Kwik Stop at 10390 West 38 Avenue
be taken under advisement one week and a decision be rendered on
February 24, 1972." Motion was seconded by Alderman Hulsey and passed
5-0
Owens Park Subdivision Plat was presented by Robert Barr of the Planning
Department. Mr Barr said that Fruitdale Sanitation District, Jeffco
Health Dept., Wheat Ridge Post Office and Arvada Fire Dept. had no
objections to the plat.
He added the R-1 School District had said a total of 22 students might
be expected, 13 elementary, 5 junior high and 4 high school
And that the Planning Commission had passed two Motions - one, that the
plat be approved subject to the approval of the engineer and two, that the
plat be approved as presented.
Mr. Barr said
1. That though all had approved the plan, the representatives of
the traffic dept, the Public Works Dept., and Mr. Barr had held a meeting
and had come up "with a better one."
2 That the revised plan had a T for an east-west street, where
the cuI de sac had been and a fire hydrant at the south end which is
100 feet from Clear Creek and in the Green Belt area.
3. That the property to the south is owned by Frank Callahan.
4. That it is 4 feet above the contour shown next to Clear Creek
and not in the Flood Plain.
5 That adjacent property owners had been notified.
6. That an 8 foot de-acceleration zone was allowed on 44 Avenue.
7. That it had not gone to the Planning Commission, but was more
restrictive than the plan the Commission approved.
In response to a comment by Alderman Hulsey that he did ~ot want to go
around the Planning Commission,"Attorney Fox said the Planning Commission
had specified approval subject to recommendations of Public Works and
that the plan was more restrictive.
Ken Gantenbein, subdivider and option holder stated
1. That the plat was being prepared and will comply with the
changes as given by Mr. Barr.
2. That he had no objection to the immediate recording of the
8 foot zone against 44 Avenue.
3. That there would still be 10 sites and that the Restricted-
Commercial would be decreased.
Motion by Alderman Abramson "I move that WS-71-05 - Owens Park Subdivision
Plat - as presented here tonight be approved." Motion was seconded by
Alderman Donaldson and passed 5-0.
WZ-71-35 Rezoning Case of ground of Owens Park Subdivision from
Agricultural-One to Residential-Two and Restricted-Commercial came up
for decision.
Alderman Bramble stated the Public Hearing had been held the preceeding
week and though square footage given at that time had now been changed
due to adjustment of streets, that he felt Council should act only on
the evidence presented at the hearing and made the follOWing Motion
"I move that Council approve Case WZ-71-35 as presented at the Public
Hearing for the following reasons
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1. The Planning Department recommended approval.
2. Land is not in the Flood Plain
3 Plan shows low density, and
4 The surrounding area is compatible with zoning request"
Motion was seconded by Alderman Donaldson and passed 4-0 with Aldermen
Hulsey and Abramson abstaining because they had not been present at
the hearing. Alderman Pepe's vote was written and sealed and is
attached to the Minutes.
Discussion followed as to the fact that 2 lots would have to be rezoned
but that a quorum vote was not possible at this time on any Motion,
other than one which pertained to evidence at the Public Hearing
Mr. Fox ruled that Council could, with the approval of the applicant,
act to rezone the property on its own Motion - involving no additional
cost to the applicant Applicant approved.
Motion by Alderman Bramble "I move that Council direct the staff to
proceed on Council's Motion to rezone the affected 22 feet of property
to Residential-Two and proceed to bring the matter to Council at the
earliest possible date." Motion was seconded by Alderman Abramson
and passed 5-0.
Rezoning Case WZ-71-33 came up f~r decision.
Motion by Alderman Donaldson "I move that WZ-71-33 rezoning request
be approved for the follOWing reasons
1. Planning Department recommended approval
2. Land Use Plan shows low density.
3. It is not in the Flood Plain
4. The zoning request is compatible with the surrounding area
and the use proposed would cause a proper development of uses to exist."
Motion was seconded by Alderman Bramble and passed 3-1 with Alderman
Pepe voting "nay" by sealed vote and Aldermen Hulsey and Abramson
abstaining because they had not been present at the hearing.
Health Insurance options as studied by the Personnel Committee were
presented by Walter H. Johnson.
He explained the merits of Capitol, Kaiser and Blue Cross and stated
that prepared plans had been submitted to each employee for selection
with the follOWing results
Four wanted no insurance.
Five wanted life and A D & D only.
Twelve preferred Kaiser.
Two preferred Capitol with Blue Cross and Blue Shield second.
Sixty-nine (including the two above) for Blue Cross and Blue Shield.
Motion by Alderman Abramson "I move that starting March 1 the City
contribution for employee insurance be established at $17.50 average
per month per employee and include 100% employee life coverage."
Motion was seconded by Alderman Hulsey and passed 4-0 with Aldermen
Pepe and Bramble absent.
Motion by Alderman Donaldson "I move that the City proceed to the
formation of a Blue Cross-Blue Shield and a Kaiser Group in accordance
with the expressed wishes of City Employees and at the rates quoted."
Motion was seconded by Alderman Howard and passed 4-0.
Motion by Alderman Hulsey "I move that the Capitol Life Insurance
plan be extended for one additional year at quoted rates, with A.D. & D.
increased to correspond with Life insurance coverage for each individual."
Motion was seconded by Alderman Donaldson and passed 4-0.
Meeting was adjourned at 11 45 P m.
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Louise F. Turner
City Clerk
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LOUISE F TURNER
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ALDERMEN
RAY PEPE:-.
JOSEPH M. DONALDSON
ROBERT G HOWARD
CALVIN 0 HULSEY
DANA L BOWLING
JAI K W BRAMBLE
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ALBE:RT E. ANCERSON
MA T OR
JAMES 0 MALONE
TREASURER
au, 0/ 'kJ1uud RuJr;e
7470 W 38TH AVE
P 0 80 X 610
WHEAT RIDGE COLORADO 80033
PHONE 421 8480
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ALDERMEN
RAY L PEPE
JOSEPH M. DONALDSON
ROBERT G HOWARD
t...ALVIN 0 HULSEY
DANA L BOWLING
JALK W BRAMBLE
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LOUISE F TURNER
CLERk,
ALBERT E. ANDERSON
MAYOR
JAMES 0 MALONE
TREASURER
ea" of 'kJ1uud RuJr;e
7470 W 38TH AVE
P 0 80 X 610
WHEAT RIDGE COLORADO 80033
PHONE 421-8480
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f1Jle:Jeo/l{)h ~MJciateJ
Box 40 Wheat Ridge, CO 80033
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~ February 15, 1972
Gentl~men of the City Council
City of Wheat Ridge
Colorado
Gentlemen
Allow me a few brief Comments
Flood Plain Regulations which
this Ci ty
They relate to our Common concern on the
I helped to develop and which you adopted for
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1.
The Regulation is a complete document It was prepared with the aid of
the best in legal and engineering talent It is without parallel in
the entire United States
Because of its preparation,
protection of the rights of
authori ty of the City
it contains detailed information about the
the indi,;vidual property owner and the
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2.
The ~..!Nl..a!;,i..9,ILj_!>__I1.CJt -I>...~i t~.:',E!. It was d~<I~d to show hQ..'1,gq~d use of
the flood plain could be aE.c:~mplish5ld It P.!.()V.i,de.s a ~~s whereby a
person can make the best use of his land by taking heed to the fact that
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his land lies in the flood plain
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3.
At present
own ends
matter for
in the law
the Regulation is being
The q~9~ian of hazards
the .EE.lL:;-J:~_t.Q..~=!:(le __
used by individuals to attain their
to those upstream or downstream is a
certainly not individuals unlearned
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If the truth of the matter were known, the City would PQssiQ1Y be more
liable to d~aging court action by continuing to deny development of the
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property in the light of the Regulation Again, this is a matter of law
and not speculation
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4. Decisions in Colorado courts where altering water flows has caused damage
have been decided against the individual changing the course of the water
and not the legal entity for granting the permit to build
5. Your continued failure to make the regulation work for the betterment of
Wheat Ridge is weakening confidence in your studied jUdgment in adopting
better data for deciSion making success'
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POPULATION ANO SOCIAL STUOIES
ENVIRONHfNTAL IMPACT STUOIES
EC~O"IC '"PACT STUDIES
WATER ANO WATER RELATEO STUOIES
EOUCATIONAl EVAlUATI~S AND RESEARCH
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Wheat Ridge City Council
the regulation Allowing individuals to interpret an ordinance that is
complete in itself weakens the faith of persons in any regulations that
may be adopted in the future
It' s~rabout time that this matter be settled and we get along with the business
at hand Already we are raising questions about the ability of this City to
be able to make up its mind and stick with it: Planning and zoning is becoming
a mockery
The time to stand firm is here ~ almost passed'
What the county does is not our concern We have the regulation and it is a
good one All it needs is for you men to appoint a competent administrator
and leave the rest in the hands of the administrator and your legal counsel.
They can administre the regulation and you'll need be concerned only with the
exceptions to their recommendations
You've hired very canpetent legal and technical personnel. Why not give them
the chance to prove that they are competent in regulating this program?
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Resolution
A resolution of the Denver Regional Council of Governments relating
to programs for control of Dutch Elm Disease
WHEREAS, a significant percentage of the trees of the Denver region
are elms susceptible to Dutch Elm Disease, and
WHEREAS, the loss of these trees would be a significant loss to the
peo~le of the region and adversely affect their quality of life, and
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WHEREAS, efforts are underway by public agencies and private groups
in the region to preserve existing trees and replace those which have been
or will be lost and such efforts need recognition and widespread public
support;
NOW THEREFORE BE IT RESOLVED by the DENVER REGIONAL COUNCIL
OF GOVERNMENTS as follows
1. The Council, as a voluntary regional association of governments
in the Denver region, pledges the support of its staff to public
and private efforts to protect, preserve, and replace the stock
of shade trees in the region The form of such support will be
at the direction of the Denver Regional Council of Governments'
Executive Director.
2. The Council encourages its individual members to adopt plans
and programs for protection, preservation, and replacement of
shade trees within their respective jurisdictions and to coordinate
such plans and programs wherever possible with adjacent juris-
dictions.
3. The Council directs the staff and encourages its individual members
to cooperate with all interested groups in wide publicity for the
Dutch Elm Disease Program.
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Adopted this 16th day of February 1972.
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