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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 -----r --' , ---.!...:::..._ /" / 5_~ --" , ., -, J ~ 'I < ~ .f -. :: " , D ., r !; )' , - ~. .l < nt~ f' , " 'ii ., ,. ~l.}" (~ -1 " ~t I~ .. r lC , :I -J ., 1 t')' ., ~~ ~., ~ ~~ f)~ n 'in :p~ <;f 11 -i i .~, , " C i:... tl t c:' ~ ~// // o/? J CO; ~, ;j' '( " -, 1~l -;( -< (71 / L prmFF~:3SIDi' r.l.L ~ PLPC41SlNC f.H3f''H De "-;n:i,ttoli. ~_.~......."'"......~-- '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. J) """ -/ -.? ) (/c ) [il J ~'0r I ~~ I ! ," \ " 1 t..:"- '. f' li~:" " 1H'~; 0' p- H /' ,> d i " e 1. ", ... -, " f' e~"'1 'T.:~~,P .~ " ;. 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