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HomeMy WebLinkAbout02/24/1972 MINUTES February 24, 1972 The one hundred and foryt-eighth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. at 7390 West 38 Avenue by Mayor pro tem Ray C. Pepe. Other Aldermen attending were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson and Calvin Hulsey. Alderman Howard and Mayor Anderson were absent in order to attend a meeting of the Colorado Municipal League. Also attending were City Clerk Louise Turner, City Attorney Maurice Fox, City Treasurer James Malone, staff personnel and interested citizens. Citizen Comments were made by Bob Sellars of 4784 Carr who asked about water rates in the Clearvale area. Alderman Hulsey explained the status of the agreement between Arvada and Wheat Ridge Water District and said a meeting would be held March 13, 1972 at Field Park at 7 30 p.m. and additional in- formation might be available at that time. Lee Kunz of 1840 Winfield Drive who asked if a change was to be made in the Land Use Plan tonight. Alderman Abramson cited the Plannjng Commission authority and plan and attorney's ruling when plan was amended and adopted by Council. He moved "to amend the Land Use Plan." Motion was withdrawn upon ruling of the City Attorney that Council had had the right to amend the plan at the time it was presented for acceptance, but once accepted by Council only the Planning Commission has the right to amend it. Then the follOWing Motion was made by Alderman Abramson "I move that the Planning Commission of the City of Wheat Ridge be asked to consider amending the land use section of the Comprehensive Plan as approved by City Council on September 23, 1971 to designate as Low Density Residential that area lying within the following perimeter boundaries a. Interstate-7o on the south. b. The west City limits boundary of the City of Wheat Ridge, i.e Ward Road on the West. c. The north City limits boundary of the City of Wheat Ridge on the north, excluding that land lying north of Ridge Road between Quail and Miller Streets. d. Kipling Street on the east." Motion was seconded by Alderman Donaldson. Alderman Pepe said he would vote "nay." At the suggestion of Alderman Bramble, the matter was opened for citizens' comments. Hands were shown for the number of people favoring the Land Use Plan as passed (approximately 28), for amending to low density (approximately 15), for present plan by those living in the area (11 hands.) Heated discussion between citizens was ruled out of order. Speaking in favor of the present plan with the land use designation were Joe Kettleman of Columbine Glass who emphasized real estate taxes that are paid and expressed concern over non-conforming use section of Ordinance No. 98. Jack La Follette of Columbine Glass who agreed with Mr. Kettleman on non-conforming use and said that though the County had originally intended the area to be low density residential he thought the industrial character had been established by the precedence of other industries in the area and wondered if this matter would come up again and again. Speaking in favor of Low Density Residential were John Schlenger of 5110 Simms Street who said he and others wanted to live in the area and some who raised hands wanted to sellout to industrial interests ~ / 1- -2- Micheel Ritz of 5115 Swadley who saiu industrialization of the northwest corner was not the aim of the incorporation in which he had played an active part. Donald R. Hanson of 10460 West 46 Avenue who said those who lived in the area were not the same as those who lived in Wheat Ridge and wanted to make money on property owned in the area. Claudia Worth of 5460 Oak who explained the problems and limitations of Fruitdale School in the light of present and future developments, that in spite of rumors to the contrary there would not be a new school and any "pay as you go money" the school might get, would no more than repair such things as non-working rest rooms and drinking fountains. Others commenting were Elaine Behr of 2674 Lamar who said people should consider the benefit to the City as a whole, that where a person lived was not important. C.H. Arnold of 4171 Everett who said he had been approached for training of persons to use city surveying instruments John Schlenger who requested a "stop on red" sign at Kipling and North 1-70 Service Road where 39 accidents had occurred in the past ~h years. Vote was called on Alderman Abramson's Motion and Motion was defeated 3-2 with Aldermen Bramble, Donaldson and Pepe voting "nay." The 3.2 Fermented Malt Carryout License for Mac Oil came up for decision. Motion by Alderman Donaldson "I move to approve the fermented malt beverage license for Kwik Stop at 10390 West 38 Avenue." Motion was seconded by Alderman Hulsey and was defeated 3-2 with Aldermen Abramson and Bramble voting "nay", Alderman Howard voting "nay" by sealed vote, and Alderman Pepe abstaining because he had not been present at the hearing. Alderman Howard's vote is attached to the Minutes. WZ-7o-3o Rezoning Case came up for decision Motion by Alderman Pepe "I move that the request from Agricultural- One to Planned Unit Development of WZ-70-30 be approved because the Preliminary Plan was approved and the final plan is in compliance with the Preliminary Plan and it includes the changes the Council asked" Alderman Pepe said there was really no way but to approve it because Council had approved the concept before. Motion was seconded by Alderman Bramble who said he had not approved the concept and did not approve it now. Vote was called and Motion was defeated 3-1 with Aldermen Howard, Bramble and Donaldson voting "nay" (Alderman Howard's vote was sealed and is attached to the Minutes) and Aldermen Abramson and Hulsey abstaining because they had not been present at the Hearing. The semi-annual Police Pension Fund Report was given by Treasurer James Malone and fund balance was given as $53,317.53 all in savings or Certificate of Deposits. There are no liabilities. WZ-72-02 Rezoning Case hearing was opened. Applicant Denver Publishing Company requested a change from Agricultural-One to Industrial-Three at 48 Avenue and Carr for offices and warehouse. The area involved is 38,768 square feet. / -3- Mr. Barr of the Planning Department stated that the Planning Department and Planning Commission recommended approval. Jack Cline of Cline & Hardesty Real Estate agent for the owner appeared on behalf of the owner. Attorney Fox ruled that since neither the owner nor his attorney was present, the hearing could not proceed. Motion by Alderman Hulsey "I move we continue the matter for one week." Motion was seconded by Alderman Donaldson. Motion was amended to read "I move we continue the matter (WZ-72-02) for two weeks." The second approved the amendment and Motion passed 5-0. WZ-71-36 Rezoning Case was heard. Applicant Columbine Nursing Home requested a change from Commercial-One and Residential-Three to Restricted- Commercial-One on 58,932 square feet at 3835 Harlan to bring the present use into its proper district and to cause total lot to be within one district Robert Barr of the Planning Department said the follOWing factors should be considered 1. The Land Use Plan recommends Commercial for this parcel. 2 The prssent use of the majority of parcel under consideration falls within the commercial district. This parcel though is split into four parcels comprising commercial-one and residential-three districts under which different regulations apply. It is therefore proper to assimilate the four parcels into a more restrictive Restricted-Commercial-one district to allow uniformity of development requirements. It also would cause a lessening of zoning intensity in a northerly direction, thereby incurring a more stable pattern of development. 3. No additional right-of-way is necessary. 4 Planning Department recommends approval. The Planning Commission recommended approval because it would change "the multiple and commercial zoning on all four parcels of ground to Restricted-Commercial-One zonin~ because it falls within the Land Use Plan and it clears up the multiple zoning that exists at the present time." John F. Mylon agent for owners and an owner himself presented a power of attorney paper to Attorney Fox and appeared on behalf of the applicant. He said he would add only that there is a building on the property, that it has been there a long time and has 104 beds, that the applicant wants to update the building to meet state health standards and found that alternating zones exist. Jack Prose, Building Inspector, said the sequence was some Commercial-One then Residential-Three then Commercial-One and then Residential-Three and that a permit could be issued on the first and third portions but not the second and fourth. There was no opposition to the rezoning. Motion by Alderman Donaldson "I move Case WZ-71-36 be tabled one week for a decision." Motion was seconded by Alderman Hulsey and passed 4-1 with Alderman Abramson voting "nay" and stating he was prepared to vote at this time and saw no reason to delay it. Report on the City Ambulance was given by Alderman Bramble who stated 1. That there had been objections at first from existing ambulance services that persons operating it were not qualified. 2 That it has been substantiated that the firemen who operate it are more than qualified 3. That ground is needed on which to house it and until such ground is acquired the City is "stymied on acquiring a new ambulance." 4. About 40 feet is needed and that he and representatives of the Wheat Ridge Fire Protection District Board had disc8s~n~ with Mr Cowan, Superintendent of R-1 School District the possibilitYAof land adjacent to the firehouse which belongs to the school district by Wheat Ridge Junior High School. , -4- 5. That the Superintendent indicated it would be three months before the school district could give an answer and perhaps three years before the overall solution to the use of land attached to or the re- building of the Junior High School would be reached 6. That the Firemen, Fire Board and the City are united in their efforts. Ken Alley of 11080 West 38 Avenue of the Wheat Ridge Fire Board added that he interpreted Mr. Cowan's remarks to mean it would be 3 months before the request would be considered and maybe 3 years before any- thing was done. He said the Board decided at a meeting on the 22nd of February 1972 to draw up a plat plan of the projected needs of the Fire Department for the next 10 years and present them to R-1. Motion by Alderman Bramble "I move to direct that a lett~ be written from City Council to coincide with and support the wishes of the Fire Board and be sent to R-1." Motion was seconded by Alderman Donaldson and passed 5-0. Ordinance No. 106 pertaining to the City Electrical Code was introduced by Alderman Pepe and read Charles Helt of 5914 West 35 Avenue questioned the need for passing an Ordinance to establish something that is already in the book. Michael Ritz of 5115 Swadley who felt that the aim, instead of being to establish "minimum" safety standards should be for maximum standards Jack Prose, Building Inspector, explained recommended uses of romex and pipe and said the Ordinance covered some uses not specified in the book. Motion by Alderman Bramble "I move that Ordinance No 106 (Electrical Code) be approved on first reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 5-0, with Alderman Howard absent. Ordinance No. 107 pertaining to the adoption of a Fire Code was introduced by Alderman Pepe and read. Motion by Alderman Bramble "I move that Ordinance No. 107 (Pertaining to Fire Code) be approved on first reading and be published and posted." Motion was seconded by Alderman Abramson and passed 4-0 with Aldermen Howard and Donaldson absent. The Colorado Municipal League recommendation that Council support an effort of the League to combat the proposed rate increase of Mountain Bell was brought up. Mayor pro tem Pepe stated that Mayor Anderso~~Rat a decision on it should be in accordance with the wishes of Council, that he, himself, had beenm~quoted on the matter and was neither for nor against the proposal. In view of the fact that no one was present to fully explain the proposal, the following Motion was made by Alderman Bramble "I move to table indefinitely the Mountain Bell - Municipal League matter." Motion was seconded by Alderman Abramson. Mayor pro tem Pepe commented on the Mountain Bell service at present as being inadequate. Question was called and Motion passed 4-0 to table the matter. Alderman Abramson asked for a clarification of the intention of Council in regard to the removal of trees on a public ROW at the expense of citizens owning the adjacent land. Matter was discussed. Motion by Alderman Abramson "I move that City Policy be that no private citizen be asked to pay for the removal of diseased trees on the public ROW." Motion was seconded by Alderman Bramble and died in a tie vote with Aldermen Hulsey and Pepe voting "nay" and Aldermen Howard and Donaldson absent. .:.. / J -5- A proposal for filling open ditches on both sides of 44 Avenue from Clear Creek to Dover Street after installing culverts to maintain proper drainage was presented by Glen Taylor of the Public Works Department. Mr. Taylor, Public Works Director, stated that the ditches are deep and it is costly to maintain the area because cutting of vegetation had to be done by hand last year. Motion by Alderman Bramble "I move that the drainage system designed by the Public Works Department and shown on the blueprint be approved and that the purchase of the culverts for the total cost of $7,828.00 be allocated from Account No. 432.5. Also, that construction be accomplished by Public Works personnel." Motion was seconded by Alderman Hulsey and passed 4-0. Walter Grande, Purchasing Agent, presented request for approval of purchase of park equipment. Motion by Alderman Bramble "I move that the purchase of a tractor, trailer, mower and aerator be authorized for use by the Parks Department at a total cost of $8,945 86 to be paid out of Account No 452.16." Motion was seconded by Alderman Hulsey and passed 4-0. Alderman Hulsey stated it was unfortunate that City employees had to appear late at night after sitting through hearings etc. and asked to go on record as saying that six months ago Council directed and that he has repeatedly requested that City business and public hearings be scheduled so they do not appear on the Agenda the same night, as has happened tonight. Meeting was adjourned at 10 45 p.m. -" .. -[, '2-(/1...0(.. _.:7 c:,,"C (..- v.lL.v~L-- Louise F. Turner City Clerk / / C - /l /~:/.~ --- ......... ~ I- -/ I -' LouiSE F TURNER rLERK ALBERT E. ANDt::R50N MAYOR JAMES 0 MALONE TREASURER eU, 0/ 'k/Iuud RuJr;e RAY C PEPE 7470 W 38TH AVE, p 0 80 X 610 WHEAT RIO:iE COLOR~OO 80033 PHONE 421 8480 ALDERMEN JOSEPH M. DONALDSON ROBERT G HOWARD CALVIN 0 H...ILSEY PAUL B ABRAMSON JACK W BRAMBLE :3.<. F6rl.'1~_T"'D H A '- "T C1 K tI (!.1It A G" IE L, c _^,S r:. AVtLI.C""'T ff Kv.J/t< S701> (MAC. 0,1. eo) OF' 03't) W J 8 r..tl A v~ . '^'" N ,.".,. ~, ~ ~ cA) . I VOTr! tJ Av ON ISS'-\.A"'CL 0':' J 2. t, c elt.SE A. l' -r 11/ I $ L , c '1\ ..,. I I.'; ~S I,.J,3 ~ FD~ rill! FD C,,(.. ilI1\u... " I , 71..JS HaE'b..s ot:- 7~" E ^f e I" 1/ a dA.. /fhll b ,() ~L AI. IAoI fJ /E., AJ 6. M IE ;- w' 71</ S , I( T t.-6 'Ts. vv 17-fd'AJ I MILl!- ~ '> , &.I ~.. '2, (t €. .s I ~ SN-r.# \.IV 17"~ 'N 7 N IS.. II'1/1 t:.. b '" Ie. V Ie, N l-r"( c..o N -rA C T IE.~ i)y C. 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