HomeMy WebLinkAbout02/08/1973
MINUTES
February 8, 1973
The one hundred and ninety first regular meeting of the Wheat Ridge
City Council was called to order at 7 35 p.m. by Mayor Albert E
Anderson at 7390 West 38 Avenue.
Aldermen attending were
Donaldson, Calvin Hulsey
absent.
Dr. Paul Abramson, Jack Bramble, Joseph
and Ray Pepe. Alderman Robert Howard was
Also attending were Mayor Albert Anderson, City Treasurer James
Malone, City Clerk Louise Turner, City Attorney Maurice Fox, staff
personnel, applicants and attorneys involved in hearings and inter-
ested citizens
Motion was made by Alderman Pepe, seconded by Alderman Donaldson and
passed 5-0 "That the Clerk dispense with the reading of the January 25,
1973 Minutes." They Were declared approved as written.
Citizen Comments were made by
Ed Campbell of 5188 Garland Street in Arvada who asked whether or
not Arvada had an agreement with Wheat Ridge regarding its proposed
Freeway known as the "l'1ipling Street-Garrison Street Parkway" which
he said was an issue in the coming Arvada Bond Election. He said the
freeway would be extremely wide and would, it would seem, channel a
great deal of traffic "through the heart of Wheat Ridge." He said
the Arvada City presentation calls for the highway, after going north
on l'1ipling from 1-70 to follow the Public Service Company ROW east to
Garrison with the parkway south of the power lines. He said an agree-
ment on ROW from l'1ipling to Independence north of the power lines had
also been mentioned and asked if, in fact, agreements did exist and
if the highway could legally be built if they did not exist. He also
asked if Wheat Ridge knew what Arvada intended to build.
Mavor Anderson stated that he had appeared at the District Court hearing
on the request of the people who had filed suit against the City of
Arvada. He had been asked if there Were any agreements between the two
cities concerning that roadway and that his testimony was "No." He
said that under cross examination he had said there Were plans in
existence which were adopted at previous times after Public Hearings
and "The only question to be answered at this time is that as of this
date there is no agreement between the City of Wheat Ridge and the City
of Arvada concerning any roadway that would come into our City."
Alderman Abramson added Wheat Ridge has consistently opposed the building
of the Kipling Freeway and that if this traffic is meant to feed into
that Freeway, it could not, because there isn't going to be a l'1ipling
Freeway through Wh3at Ridge.
Larrv Borger, Staff Member of the Denver Regional Council of Governments
who said that the City of Greenwood was the fifteenth city to pass a
resolution regarding Urban Service Authority and that this was enough
to start but that Wheat Ridge was the only city of any size that had not
taken any action on it and had not held a study session. He repeated
a previous offer to talk with Wheat Ridge Aldermen about this and about
the effectiveness of DRCOG relative to Wheat Ridge.
Ann Herbert of 3455 Estes said the League of Women Voters was interested
in Regional Cooperation as she as an individual was, that Wheat Ridge
should at least consider the Service Authority Resolution, That it had
never been possible to express one's opinion on existing regional services
such as Urban Drainage and Denver Metro 5ewer. R5A would replace COG
and the director would be elected.
MINUTES - February 8, 1973 - Continued
-2-
Alderman Pepe stated he felt a study session would be a waste of time,
that Senate Bill 34 was bad legislation and that RSA should include
water which it did not.
Alderman Abramson added that the President of the United States is
trying to reduce bureaucracy and that RSA is another level.
A 3.2% on premises beer license for Golden Cue Corporation came up
for decision.
Motion by Alderman Hulsey "I move that the application for a 3.2%
fermented malt beverage license for the Golden Cue Corp. dba Hiphugger
be denied for the following reasons
1. Two of the three officers of the corporation never, at any time,
appeared before the City Council.
2. Only the Vice President of the corporation appeared before the
Council
3 The references concerning character submitted for those two
officers who did not appear were in fact prepared by employees of the
applican+- corporation.
4 The testimony indicated that the people who prepared the character
reference letters only had a passing acquaintance with the two officers
who did not appear.
5. The two corporate officers who did not appear before Council
appeared to have criminal arrest records, although there was no evidence
of any conviction as to either party.
5 There are two existing 3.2% fermented malt beverage licenses
within a one mile radius currently serving the needs of the public.
7 There was no evidence concerning the need for any additional
3.2% fermented malt beverage outlets in the neighborhood." Motion
was seconded by Alderman Donaldson and passed 5-0 to deny the license.
WZ-72-41 Rezoning Case was heard. Applicants Lee and Joyce Lichtenhahn
requested a change from Agricultural-One to Industrial on 1.48 acres
at 1-70 and Robb, northeast corner.
Mr Barr, Current Planner stated the property had been properly published
and posted and that the Planning Commission had recommended approval
by a vote of 4-1 because "It was within the requirements of the Land
Use Plan, it was an approved USe for this parcel and the criteria for
Industrial Zoning had been met, with the proper percentages of buildings,
parking and open space."
In answer to questioning by Alderman Pepe, Mr. Barr stated the USe to
the north was 10 to 12 single family homes and to the northwest is 3 to 4
single family homes and the zoning was agricultural.
Leo Grasso of 7325 West 28 Avenue holder of a purchase agreement on the
property stated he intended to build an area to house his own shop pre-
sently located in Lakewood plus rental area and had hired Art Griffith
to do the architectural work.
Art Griffith of 6980 Pierson, President of ARG Engineers and Associates
stated
1. Use would be primarily the heating and ventilating business which
is now in Lakewood.
2. Owners had been looking for a location with access on which to
relocate.
3 Preliminary design showed a two-story building with 22,000 sq ft.
4. The owner would have 4,000 sq ft. on the ground floor and would
have 35% of the total building.
5 There would be six shops on the ground floor and all would be
similar uses.
6. That the shape of the lot was unusual being only 37 feet wide
at one end.
7 The building would be Twin Tee construction, loading and storage
would be inside and lighting would be on the south and west only, so as
not to disturb residents to the north.
MINUTES - February 8, 1973 - Continued
-3-
8. The building would comprise 31% of the ground and buildings
plus parking-55%. The remaining third would be landscaped.
9 That there was a verbal agreement with Mr. Rock of Slough Ditch
approving the relocation of that ditch
10 Ditch owners did not agree to more surface runoff, so a shallow
landscaped surface retention pond would be built on the east end which
would handle a design storm of 1 3/4 inches in an hour or a 10 year storm,
and if necessary it could be enlarged.
11 That good percolation at the rate of one inch in ten minutes
because of gravel soil would insure that the pond would empty quickly
and be empty other than during a storm.
12. That present zoning is agricultural and the use is residential.
13 That size and sha~ aren't favorable for agricultural use.
14. That the cost of relocating the ditch would preclude residential
use as would noise from the highway.
15. That the proposed building would reduce noise from the highway
because the irregularity of "Twin Tee" absorb sound Also, insulated
walls and doors and storm wi~dows would reduce noise from within
16. That the traffic that~~enerated will be on the service road, and
17. That the zoning was for definite purpose, not for speculation.
Lee Lichtenhahn, owner stated he had worked nights and noise from the
highway made it impossible to sleep days, and that he had fought for
the Industrial on the Land Use Plan. In anSWer to question from Alderman
Hulsey he said he had opposed the drainage in regard to the ~unz Devel-
opment Plan but not the Industrial Zoning.
Speaking in opposition was
Ivan Hawn of 4900 Robb Street who stated
1 That he had appeared in opposition to this rezoning not because
it was industrial, but because of the location and what is proposed.
2. That he spoke reluctantly because the Lichtenhahns Were neighbors
and friends and that they wa~ to sell and are entitled to.
3 That they had professed to be opposed to Industrial, but had
attached a provision that his land must be Industrial to complete the sale.
4. That he (Mr. Hawn) and his neighbors Were opposed because this
parcel lies between Robb and Parfet Streets which at present, contains
no Industrial. At present, the USe is partly Residential and partly
Agricultural
5. There is no choice with property previously zoned Industrial and
there is no shortage of already zoned Industrial property.
5. No details are giVen and there is nothing binding in the plan.
7. Size and shape of the lot are conducive to another "billboard
city" on the corner
8. Property was posted on January 11, 1973 for the Planning Commission
Hearing on January 15, 1973 which was five days and not fifteen.
9. It was posted eight days prior to the Council hearing instead of
fifteen which was improper. Also, that he had checked each day and
that it had been posted only on the Frontage Road and not on Robb Street.
As a result, the lady next door to the land was not aware of the rezoning
until called.
10 As to percolation and drainage, some residents of the area say
the water table is six inched year round.
11. One can See that the ditch is 12-14 inches into the supposed
percolation area and yet water in the ditch is not lost, and
12. He said this proposal would generate traffic way out of proportion
to its benefit to the City.
In answer to questions from Alderman Pepe, Mr. Hawn said he is not opposed
to "Good industry" and that the City has proved it can get compatible,
quality industry by asking. However, he felt that before industry is
allowed to displace residences a definite need should be shown.
In answer to question by Alderman Abramson, Mr. Barr said a log of posting
is kept Alderman Abramson asked that a copy be sent to Mr. Hawn.
A show of hands indicated one in opposition and four in favor.
MINUTES - February 8, 1973 - Continued
-4-
Motion by Alderman Abram50n "I movg that Casa WZ-72-41 on the northeast
cornEr of 1-70 and Robb Street, from Agricultural-Dna to Industrial be
tabled one week ror deci5ion by tha CounCil in thase chambars during
the normal course of the meeting." Motion was seconded by Alderman
Hulsey and passed 5-0.
WE-72-03 Request for Gravel Extraction Permit Extension was heard.
Applicant was Brannan Sand and Gravel regarding gravel removal at 4255
Tabor Street
Mr Barr said the Planning Commission by a vote of 5-0 recommended
approval provided Brannan Sand & Gravel stabilize the north and east
banks with gravel and plant trees with the approval of the Parks
Department, no farther than 25 feet apart on the north and east boundaries.
The applicant was represented by David De~Een, attorney of 4315 Wadsworth
Blvd who said
81
1 BrannAformerly owned the property and sold it to Coors in 1970,
at which lime Brannan reserved the right to remove sand and gravel for
ten years
2 A letter from W.W Sellars to Mr Frost of Coors said an application
was in process for extension of a gravel permit from the County and stating
that the pit following extraction would be used by Coors for water storage.
3. The area involved is 9.35 acres extending 650 feet on the south
and 550 feet on the west.
4. Present zoning is agricultural.
5 Access is from 44 Avenue via a road that goes south then west
Jim Miles of Brannan Sand and Gravel said
-----1. Brannan uses a dus t control system during crushinll the system
is housed in a portable van, and this helps them not to bother houses nearby.
2 Operation has eliminated a mosquito swamp at the south end of Tabor Street
3 Tabor Street isn't used, it is a public street and narrow The
companv has an easement for the road that is used which leaves 44 Avenue
at Simms
4. Oil is used for dust abatement.
5. That bad weather beginning in October had interferred with operation
5 That gravel is a diminishing resource and as cities grow, more is
needed and less is available because deposits are covered by buildings,
that actually growth has "choked off deposits needed for growth"
7. That it is beneficial to the City to have a close source, and
8. That the request was to have an extension for one year.
Citizen Nancv Peterson of 115rnWest 44 Avenue on the corner of the access
road and 44 Avenue asked if the operation would be as intensified for a-
nother year, as last year, which she described as a consistent nuisance
On the request of Alderman Bramble that the question be answered, Mr. Miles
stated the extension would be one year, and that the operation should
not be as bothersome to the neighbors as it was last year when they
were working against time in order to finish before winter and before
expiration of the permit
Five exhibits were entered
3 proposed plantings, 4
insurance
1 an aerial map, 2. road diagram,
letter from Brannan, and 5 Certificate of
A show of hands indicated five people present in favor, and no one opposed.
Motion by Alderman Pepe "I move that WE-72-03 Brannan Sand and Gravel
Request for excavation permit be taken under advisement for one week."
Motion was seconded by Alderman Donaldson and passed 5-0
A Public Hearing was held on the application of George Maxev Rav for a
~-~_hotel a~~ restaur~~ liquor lic~nse for the Old Timer Inn to be
built at 1-70 Service Road and Kipling on the southwest corner
An impartial poll conducted by Edw3rd H. Sullivan for the City indicated
that out of 102 persons contacted, 82 were in favor, 9 opposed and 11
didn't sign
MINUTES - February 8, 1973 - Continued
-5-
Attorney Michael Villano of 4315 Wadsworth Blvd. represented +he
applicant
Complete proceedings were recorded by Court Reporter Harve Clements.
Motion by Alderman Donaldson "I move the matter be tabled for one
week with a decision to be rendered on February 15, 1973" Motion
was seconded by Alderman Abramson and passed 5-0
BE~ert Barr repor+ed that in response to Resolutio~~___~83 passed
by the Council the Planning Department had prepared a map which would
bring zonings and use into conformity. The Planning Commission had
held hearings and had recommended that the City not be rezoned at
this time, but that persons desiring changes apply
Alderman Abramson asked if this were to be the solution to the conflicts
between- the Land Use Plan, the use and zonings. Mr Barr answered "Yes,
that the recommendation was that those applying for changes to those
zonings shown on the proposed map be allowed to do so without paying
a fee "
Alderman Hulsey stated he felt the matter should be dropped and that
it was up to individuals if they chose to rezone. No action was taken.
A vacancy on the Board of Adjustment was brought up for discussion.
Motion by Alderman Hulsey "I move that Robert Blaire be appointed
an Alternate on the Board of Adjustment." Motion was seconded by
Alderman Donaldson and passed 4-0. Aldermen Howard and Bramble were absent.
Fou~~~~ds were presented for acceptance
Motion by Alderman Hulsey "I move that four deeds from the following
be accepted the estate of Leonard Zall, Haco Contractors Inc , Ned
Dobson and Evert and Anna L. Peterson." Motion was seconded by Alderman
Abramson and passed 4-0
Motion by Alderman Hulsey "I move that the following revised classifications
as submitted by the Personnel Committee be approved, Current Planner,
Director of Planning, Public Maintenance Superintendent and Purchasing
Agent" Motion was seconded by Alderman Donaldson. Copies of the job
descriptions are attached to the Minutes
In answer to a qJestion by Alderman Abramson regarding the Purchasing
Agent description, Tr~asurer James Malone said he hadn't seen it. Mavor
Anderson clarified that it didn't add anybody or "change anything as
far as the present operation" was concerned, that it only put a job
description into the Classification Manual that had been worked out
by the Coloravo Division of Employment
Question was called and Motion passed 3-1. Alderman Abramson voted "nay."
A proposed license agreement for use of a trail through Denver Water
Board property along Clear Creek was discussed.
Motion by Alderman Donaldson "I move we approve the license agreement
with the Board of Water Commissioners and the Mayor be authorized to
sign it subject to the acceptance by the Denver Water Board of the City's
(Wheat Ridge) insurance coverage." Motion was seconded by Alderman
Hulsey and passed 4-0
The Mass Transit WALT study proposal for a north-south bus to the Denver
Federal Center was brought up for decision.
Motion by Alderman Abramson "I move that the City of Wheat Ridge approve
t:he WALT Mass Transit proposal and participate for the appropriate share
of money with a Resolution pertaining to the money to be acted on later"
Motion was seconded by Alderman Hulsey and passed 4-0.
MINUTES - February 8, 1973 - Continued
-6-
Comments were made by Treasurer Jame~ Malone regarding the revised
classification of Purchasing Agent as follows
1. That as an elected official he had been hired by the citizens
to run a department and this was being interferred with.
2 Council's action substantially changed this department and he
had had "No say" in the matter.
3 His only consultation had been with the man from the State
Division of Employment
4 At no time had he been informed by the Personnel Committee that
any change was to be recommended
5 That a copy of the new classification given to Council for
action had not ever been routed to his box
Mr~C1lone recommended that when such matters are pending, '-he admiin-
istration, as well as the Personnel Committee talk with the department
head, and he asked - 1 If Council wanted him to advertize for a new
Purchasing Agent, and 2 What Council's intent was in regard to the
present Purchasing Agent
Other comments were
Alderman Hul~ who said that Council was only following the recom-
mendations of the Personnel Committee, and that nothing was changed.
Alde!man Pepe who said that it was Mr. Malonels responsibility to contact
the Council
~t~~~~ey Fox stated that since Mr Malone had not been notified or consulted
that a conference would be in order to work out the misunderstanding.
Alderman Abramson said that a Motion would be in order to assure that
the present position of "Purchasing Agent/Finance Officerl' remain in
the Classificatlon Manual
~gtio~. by Alderman Abramson "I move that Council resolve that the position
of 'Purchasing Agent/Finance Officer' remain in the Classification Manual"
Motion was seconded by Alderman Donaldson and passed 3-1 Alderman
Pepe voted "nay."
Meeting was adjourned at 11 35 p.m
~
, .7')~:U:./ "7 -_ .,-t.(.1- n..~
~ouise F. Turner
City Clerk
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PLPC41SlNC f.H3f''H
De "-;n:i,ttoli.
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'j;-'dn. gSl'1l;;1'el supe:!. 1.1ator coor-dlrJEltaa ml)!'"ldpal pUl'chas=
1'1g p'"og:rmn and iri'l(!r,nryh,g of all clapl!l!'tmantal materials" equlp~
mCl'it and a'i..!'1pl1nE!; aLter,ds CIty Cotmcil meetings; participates in
r21~tsd flecal functions; and perfo~'m8 ~alatBd dutie8~
E103lnIJ J sa of Duties ~,~
... ~..~~.,.. .--___.. ..... .1_
RelDietllO !'equls1 tions snd pl'sparss spec! fications far the
pu~cnaaa of mats1'ials" equipmel t and supplies; ir-teruiewa and selects
,'endars fa... in~1tat1on to b'.d and compazss qurJ.tatltms as required;
consults with sales :rap!'Bsentatillsa regarding r;ew products; and
r.sviews catalog a to maintain awareness of cu~rent ma~ket conditione;
~ayiBWS all dapa~tmnntal expend1tu~Gs daily; approves and prepares
pUy.~ha8e ol~era for regular or emergency situations; maintaIns
blanket orde~ BCColmts and may consolidate requirements of various
departments ror ec~iomic8l mass purchase; 1~BP9Ct8 items sa necBssarv
far prompt auditing and approval of vendor's invoice, or for re=
placemant of defacti~e itmns; maintains central stors for ell office
supplies. Establishes pUl't:hl!lsing procedures regerdlng requisit1ons,;
quotations J:'li!ceilJed from blddel'sc purchase ordersr invoices" and
general correspondence; coordinates end controls inventorying of
ell departmental equipment, mate~iBls end supplies; conducts surplus
p~operty s81BB; attends City Council meetings end presents materials
pertaining to departmental needs to obtain approval 'or propoaed
purchases; and performs such other dut1~a sa may be associated with
a position o.r this type.
EmDlovman t Standards ~~
,Education and Expg,rlencs; Any cOllt:inatian equivslent to
a college degree in Business Administration or a related eree and
two yesrs of purchasing experience.
l'lnDlaJledge and Abil1 ties; Requires know edge of methods,
procedures and sources of procurement; knowledge of Business Hath;
ability to coordinate a lnunlcipal purchasing program, end establish
effective purchasing procedures aa required; ability to prepere de=
tailed reports; ability to compare and evaluate bids; ability to
prepare specifications; ability to speak with or before persons or
groups; ability to Bstablish and maintain effective relationships
with other amployses, vandor.ar and City officials.
(Prepared by Colorado Division of Employment)
APP~OVBd by City Council Feb. 8,1913
with tlagree instead of two yeaTS college.
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