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HomeMy WebLinkAbout05/18/1972 MINUTES May 18, 1972 The one hundred and fifty-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 present were Dr. Paul Abramson, Jack W. Bramble, Robert Howard, Calvin Hulsey, and Ray C. Pepe. Alderman Donaldson was absent Also attending were Mayor Anderson, City Clerk Louise Turner City Attorney Maurice Fox, staff members and interested citizens Citizen's Comments were made by ----- Robert Fulton, 3005 Newland Street, who presented petitions with names of four families to Council and to Attorney Fox asking that the following be stopped retail business and the expansion of Associated Greenhouses at 6475 West 29 Avenue. He cited expansion of a nonconforming use as a violation of the zoning law, excessive truck traffic including backing without adequate visibility, proximity to children in the park. Motion by Alderman Bramble "I move that the building inspector or the zoning administrator, who is in charge of zoning violations look into the matter immediately." Immediately was defined as Friday a.m. Motion was seconded by Alderman Pepe and passed 5-0. Mr. Pepe stated, "If action can be taken it will be." Discussion indicated that the matter had come to court recently but had been dismissed because of an incorrect date on the ticket Douqlas Billen, 6520 West 29 Avenue, who asked to go on record as backing the petition. He said he had witnessed change and expansion without building permits and commerical buildings on residential property. He requested an immediate injunction and that the buildings placed illegally be torn down. Lillian Flemming, 6363 West 29 Avenue, who said the greenhouse was there in 1951 and was used for wholesale. She said Mr. Byerly had stated he did not "intend to expand" but that it had been expanded insLde and out. She said there is a minimum of 9 or 10 cars and asked that the retail sales and construction be stopped. Alderman Bramble requested that the investi- gation be followed up with a report from the liason officer. Resolution No. 168 (pertaining to directives from liason officers to the departments to which each has been assigned) was introduced by Alderman Abramson and read. Motion by Alderman Abramson "That Resolution No. 168 be adopted." It was seconded by Alderman Hulsey. Citv Attornev Fox explained that Councils powers are spelled out in the statutes in Chapter 139 and are limited to control of the budget and that directives come from the administrative head, however, hg agreed with Aldermarl Abramson that since Council controls the budge'\; of and the decision as to who heads esch department directives should be effective Council was polled and motion to adopt Resolution No. 168 passed 5-0 Alderman Donaldson was absent. The liason system and late additions to the agenda were discussed. Matters pertaining to agendas were assigned to Alderman Hulsey as president of council. Motion by Alderman Hulsey, seconded by Alderman Abramson and passed 5-0 "That decisions on zoning cases be taken up before the public hearing " -, MINUTES - May 18, 1972 - Continued -2- WZ-72-04 rezoning case came up for decision. Motion by Alderman Abramson "I move that request of WZ-72-o4 be denied because the rezoning would not be in harmony with the area, the Planning Commission recommended denial and the citizens in the area were opposed." Motion was seconded by Alderman Bramble and passed 6-0. Alderman Donaldson's written and sealed vote was read by Mayor Anderson and is attached to the minutes. WZ-72-o9 rezoning case came up for decision. Motion by Alderman Pepe "I move that case WZ-72-o9 from Residential Three to Restricted Commercial One be approved for the following reasons I. It is the most restrictive commercial district. 2. It is the best use of the land 3. The Planning Commission and Planning Department recommended approval. Motion was seconded by Alderman Hulsey and passed 6-0 Alderman Donaldson had submitted a sealed written vote which is attached to the minutes. WZ-71-32 rezoning case came up for decision. Motion by Alderman Bramble "I move that case WZ-71-32 request from Residential Two to Residential Two-A be approved for the following reasons I The adjacent land owners approved by written statement. 2. The opposition didn't object to the concept of this rezoning, only to the precedent it would set 3. 10.98 units per acre was recommended by the Planning Commission and applicants did comply. 4. The quality of the existing structures they have built shows the change would benefit the City of Wheat Ridge. Motion was seconded by Alderman Abramson who said a buffer was needed but that it should not be a precedent for others in the neighborhood to come in for Residential Two-A. Council was polled and vote tied 3-3. With Alderman Howard, Hulsey, and Donaldson voting "Nay." Mayor Anderson reviewed the arguments for and against, said the determining factor was the need for a buffer against the interstate and voted "Aye" breaking the tie and passing the motion for approval. Alderman Donaldson had submitted a written vote which is attached to the minutes. A hearing was held on the application for a Special Event 3-Wav Liquor Permit, requested by the Arvada Jeffco Licensed 3everage Association. Present was David L. Burton 11310 West 79 Drive, a member of the Board of Directors, who stated" 1. Eve~was to be a "Steak Stampede." 2. It was a fund raising activity with proceeds to go to cancer victims in the area. 3. Location was to be D.A.V Park at 4901 Marshall Street. 4. Two off duty policemen would be hired. 5. Event would be open to the public. 6. D.A.V. License could not be used because the Arvada Jeffco Licensed Beverage Association was selling the tickets. 7. Approval was needed from the local licensing authority. MotiDn by Alderman Pepe "I move that a Special Event Permit for the sale of Malt, vinous, and spirituous liquors be approved for the Arvada Jeffco Licensed Beverage Association to be used at 4901 Marshall on June II from 7 a.m. until 2 a.m. on June 12, 1972 with a fee of $1.00 to be paid to the Municipality in charge." Motion was seconded by Alderman Abramson and passed 5-0. Report on the proposed Recreation Program for 1972 was given by Ralph Bender, Recreation Supervisor, and a written report and schedule distributed to Council Report and schedule are filed in the General File under "RECREATION PROGRAM - 1972." <' MINUTES - May 18, 1972 - Continued -3- Mass Transit Report was given by Ben Chastain, Chairman of the Mass Transit Committee He reviewed points of 2 proposals _ one for an Intra-City System which was proposed by a committee headed by Dr. Fred Wolf and a North South System proposed by W.A.L T. (The Wheat Ridge, Arvada, Lakewood Transit.) He stated Regional Transportation District felt that the W.A.L.T. program would better serve its purpose and urged completion of the W.A.L.T study. Mrs. Emma Morgan reported that R.T.D could fund more than one program and that with proper urging from the City mignt support the Intra-City demonstration route for Wheat Ridge, which the Jeffco Advisory Board had recommended to the Board of Directors of R.T.D. Resolution No. 169 (establishing the position of a City Electrical Inspector and naming L.E. Van Wagenen to that position) was introduced by Alderman Pepe and read. Alderman Abramson questioned the selection of one person and suggested that perhaps bids should be submitted. Mavor Anderson said a budget adjustment might be necessary. Passage of the resolution was recommended by Jack Prose, Building Inspector, and Alderman Pepe liaEon to the Building Department. Motion by Alderman Bramble, who noted the recommendations "I move that Resolution No. 169 be approved as read." Motion was seconded by Alderman Howard and passed 5-0 with Alderman Donaldson absent. Ordinance No. 109 (pertaining to the adoption of the 1971 Model Traffic Code) was brought up for second consideration. Parking of semis, large trucks and trailers between 2 and 6 A.M was discussed at length. Motion by Alderman Bramble "I move that Ordinance No. 109 (1971 Model Traffic Code) be adopted, published and posted." Motion was seconded by Alderman Howard and passed 5-0 with Alderman Donaldson absent. Mavor Anderson requested direction from Council as to impounding animals when Wesco Pet Farm closes. Louise Turner reported that the Animal Commission favored use of an existing facility with first choice the North Metro Clinic, also to be considered Jeffco Pound and Sage Valley Kennel. Checking had indicated North Metro and Sage Valley were not Available. Jeffco Pound though running near capacity is a good facility and available. Mrs. Donald McCuskie of the Animal Commission concurred that this was the Commission's recommendation. In answer to a question by Alderman Bramble as to whether or not enforcement of the Animal Control Law was adequate, she stated that specific and legitimate compalints are being taken care of. Motion by Alderman Bramble "I move that the Mayor be authorized to direct the City Clerk to make arrangements with the Jefferson County Pound." Motion was seconded by Alderman Howard and passed 5-0 with Alderman Donaldson absent. Resolution No. 170 (setting up an election account) was introduced by Alderman Hulsey and read. Motion by Alderman Howard "I move that Resolution No. 170 be adopted." Motion was seconded by Alderman Hulsey and passed 5-0 with Alderman Donaldson absent. Meeting was adjourned at 11 55 p.m. /--' --' / / ~ \,_(;.:-/.-(_ J....L- ,/ '\ -r::--(.z ;;'t.__L-_, Louise F. Turner Cj. ty C~erk " / --"- /~)) .-l....~ ,;' --I- - <r" /' '" .01, ( -( ) Alderman Donaldson's vote 5/18/72 ( <; ./ / //,1 (") ) ~lderman Donaldson's vote 5/18/72 .r ,? { , -~-... l..... (.. Alderman Donaldson's vote 5/18/72