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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." . ' / -2- 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 ,2 I / / / :L -3- 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. (,/ v ..>,:;...(- P'? ~ G..J --- " /7 . / - ) v<--' '-' j' /:;;/ / ";Z --7' ;;') -""~-&.:J-<0 / Louise F. Turner City Clerk ."~ /J ;( /M 0.t. L <-.J) - '71- 3, ~ L - tL~j.-t.. - /' / ~ I.. '-'/....L- -\.- ~ ~\) "7 (.~, <-:pt'-1/ [1. . . ~l-C---e: -cc. ( l' )pL~....r r{~7 ,j :y, <<~tf:-:k /'H ( r ri' 0" < C it/:.Cn t /?!rVoLWj~~/J.. (j LOUISE F TURNER LER~~ ALDERMEN RAY PEPE:-. JOSEPH M. DONALDSON ROBERT G HOWARD CALVIN 0 HULSEY DANA L BOWLING JAI K W BRAMBLE / , / ~ };// 2 (YJ..- -) / / " 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 . /l {L\ C' ;;fu {d~~~~ k c~d: I , '. ALDERMEN RAY L PEPE JOSEPH M. DONALDSON ROBERT G HOWARD t...ALVIN 0 HULSEY DANA L BOWLING JALK W BRAMBLE I I <}- 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 {! ! '" ld b l. ~'-- U/ I CC <-l'jt.-{. '-L'l.. l{~ - 7/-..1_1 ~tjC{:I1'"{ .,/i~t} t ',(- ji;~f','-<~)t5 ..,;-. j) /?1-r-{cC}t1c,c;/;;t /2r.v.-ct ?,C&/. / tL (. '-( }('-'")u ~/ / ~ /) -,) I(L(/;, (c f;' t~ ({ft'R~--a~)( cvJ / \ ~..-:S /1.,/ 71 J~ f1Jle:Jeo/l{)h ~MJciateJ Box 40 Wheat Ridge, CO 80033 .J' (303) 424-8911 x.~r ~ 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 -, 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 . 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 _.. -- ' . - -- -. _.. -.---- ~- his land lies in the flood plain - 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 ..........__._,~~.. - ~- -~_. -~-..~. A '- 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 ..-.. .I..'I~ , .___.. ~_ _ __"_ property in the light of the Regulation Again, this is a matter of law and not speculation " 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' \ i POPULATION ANO SOCIAL STUOIES ENVIRONHfNTAL IMPACT STUOIES EC~O"IC '"PACT STUDIES WATER ANO WATER RELATEO STUOIES EOUCATIONAl EVAlUATI~S AND RESEARCH _.-----~----_.__._-, ------ . . ,::; 7 /.., l-- -2- 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? . .I / ~ !Ol \ . . , -, ;+, / 7 r 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 'r 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. I, 'vI Adopted this 16th day of February 1972. i j I I I I i I j-- . .