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HomeMy WebLinkAbout04/19/1973 MINUTES April 19, 1973 The one hundred and ninety ninth regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Others present were Mayor Anderson, City Clerk Louise Turner, City Treasurer James Malone, City Attorney Maurice Fox, staff personnel and approximately 60 interested citizens. Motion by Alderman Donaldson "I move that the Minutes not be read and that they be approved as presented." Motion was seconded by Alderman Pepe and passed 5-1. Alderman Howard voted "nay." Citizens Comments were made by Joseph McCauley of 3310 Independence Court who presented petitions signed by 22 persons who requested a traffic light at the intersection 32 Avenue and Independence. Mayor Anderson stated the petitions would be turned over to the traffic engineering department for study and residents would be notified when a decision was made. Clarance Deqenhart of 3521 Garland Street who stated 1. He and others were in attendance because a rezoning for which they had petitioned had been "tabled indefinitely" on Monday night without explanation and the citizens assumed it meant the proposal had been killed. 2. That citizens deserved to be treated as well as developers who would continue to be heard while they are waiting. 3. They had attended the February meeting of the Planning Com- mission and had been told rezoning should be done by districts, they had proceeded as they had been told to do and now were back where they had started. Explanation was given by Aldermen and City Attorney Maurice Fox 1 That being tabled indefinitely in this case did not mean the matter had been killed, but rather that the planning department was understaffed and considerable preparatory work needed to be done. 2. That even with a full staff it perhaps had been placed on the Planning Commission Agenda too soon for the necessary work to have been completed. 3. That the two mass rezoning proposals needed to be treated differently and carefully to avoid non-conformity upon completion. 4 That a Moratorium on building permits until the request could be acted upon might not hold up in court. Mrs. Bonnie Scoma of 2859 Gray Street who stated 1. That no explanation had been given on Monday night. 2. That a Moratorium might keep a rush of permits fromrning applied for in the interim, and 3. That if apartments increase the density, four lane streets which are not wanted will be needed. Shirley B. Miller of 3582 Garland Street who said there was too much density and that if citizens were given the same consideration as businessmen something could be done about the density. Mrs. Gerry Baird of 3651 Garland Street who felt much of the concern was the result of lack of information and asked where copies of laws etc. might be obtained. Motion by Alderman Cavarra "I move that City Council direct the Planning Department and the Planning Commission to give top priority to these two rezonings in conformance with State Statutes." Motion was seconded by Alderman Abramson and passed 6-0. MINUTES - April 19, 1973 - Continued -2- Nancv Snow of 11155 West 40 Avenue who said a mass rezoning for the whole city had been heard bV the Planning Commission and a negative recommendation given, subsequently, Council turned it down though it could have heard it even with a negative recommendation and Council recommend it be done by districts. She asked if the plan for the whole city had been acted on, together with a law saying non-conformities caused by it would be considered conforming, would it have been legal and would it have forestalled some of the problems arising from doing it by districts? Citv Attornev Fox said the City had the power to adopt a Comprehensive Plan, but an ordinance such as the one described, defeated the purpose of the non-conforming use portion of the zoning law Resolution No. 223 commending Robert Barr, former current planner was introduced by Alderman Abramson and read Motion by Alderman Donaldson "I move that Resolution No 223 be adopted." Motion was seconded by Alderman Cavarra and passed 5-0. Treasurer's Report was given by Treasurer James Malone. Report indicated 25.8% of the anticipated revenue had been received and 24.83% of the appropriation had been expended. Rezoning Case WZ-72-42 came up for decision. Motion by Alderman Pepe "I move that Case WZ-72-42 located West 44 Avenue, from Restricted-Commercial to Commercial-One for the following reasons 1. The Land Use Plan shows 2. There is Commercial-One 3. The Planning Commission seconded by Alderman Donaldson. at 9751 be approved commercial to the south, east and recommended approval." west. Motion was Alderman Howard stated he intended to vote against the Motion because 1. The existing zoning allowed commercial uses. 2. The existing zoning was in conformance with the Land Use Plan. 3 No evidence was presented by the applicant to show it could not be developed under the present zoning, and even though the Planning Commission recommended approval, no evidence or reason was shown by the applicant for changing the zoning to Commercial-One. Alderman Abramson agreed with Alderman Howard. Question was called and Motion was defeated 4-2. Aldermen Abramson, Cavarra, Donaldson and Howard voted "nay." Motion by Alderman Abramson "I move that WZ-72-42 at 9751 West 44 Avenue from Restricted-Commercial to Commercial-One be denied because 1. No evidence was presented that the change should be made, and 2. The present zoning is in conformance with the Land Use Plan." Motion was seconded by Alderman Donaldson and passed 4-2 Aldermen Pepe and Hulsey voted "nay." Rezoninq Case WZ-72-43 came up for decision. Motion by Alderman Cavarra "I move to approve rezoning of WZ-72-43 from Residential-Two to Residential-Two-A for the following reasons 1. It is in accord with the Land Use Plan. 2. It is adjacent to commercial zoning. 3. It would be the best use of the land." Motion was seconded by Alderman Abramson and was defeated 4-2. Aldermen Hulsey, Pepe, Donaldson and Howard voted "nav " Motion by Alderman Howard "I move that WZ-72-43 change from present zoning of Residential-Two to requested Residential-Two-A be denied for the following reasons 1. The existing zoning is in conformance with the Land Use Plan 2. Insufficient evidence was presented to change the zoning for higher densitv." MINUTES - April 19, 1973 - Continued -3- Motion was seconded by Alderman Pepe who stated if the commercial had been approved he would have approved this. Alderman Hulsey agreed. Question was called and Motion passed 4-2. Aldermen Cavarra and Abramson voted "nay " A 3-way Liquor License for Art Knief dba Como's at 9110 West 44 Avenue came up for decision. Motion by Alderman Abramson "I move that a 3-way liquor license at 9110 West 44 Avenue for Art Knief dba Como's be approved because evi- dence presented at the hearing showed the residents of the area were overwhelmingly in favor of the license and there was no opposition." Motion was seconded by Alderman Donaldson. Alderman Pepe said he intended to vote"nay" because he felt the needs of the area are being met. Question was called and Motion passed 5-1. Alderman Pepe voted "nay." Appointmen~were made by Council to the Citizens Task Force as follows By Alderman Pepe Lawrence Merkl of 3655 Upham Street, Anthony J. Sargent of 3035 Gray Street, and Dougal Graham of 3330 Chase Street. By Alderman Hulsev Frank Stites of 4095 Fenton Street, Mary Harlow of 4660 Estes Street, and Ivan Hawn of 4900 Robb Street. By Alderman Howard Dr. Fred Wolf of 5855 West 39 Avenue, Damon Swisher of 4685 Pierce Street, and Benjamin Loye of 3810 Marshall. By Alderman Donaldson A. F. Williams of 2902 Eaton Street, and To Vernon True of 4020 Wadsworth. By Alderman Cavarra Bennett Thies of 12102 West 36 Place, Nancy Snow of 11155 West 40 Avenue, and Ron Davis of 7975 West 39 Avenue. By Alderman Abramson Marilyn Forney of 10580 West 35 Avenue, John Baumann of 8101 West 32 Avenue, and Betty Winegar of 4075 Yarrow. One additional appointment Wil~^made by Alderman Donaldson and three by Mayor Anderson. Motion by Alderman Howard "I move that the approval of DRCOG dues be taken up at the Study Session on May 3, 1973" Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Hulsey voted "nay." Treasurer James Malone stated the park building would be complete between April 19th and 26th, 1973 and that notification would be given in order to make final payment on May 10, 1973. A contract between the Cit of Wheat Rid e and Attorne Fox calling for a $750.00 per month retainer fee, 455.66 per month prosecution fee, and $22.00 per hour for trial prepaatory and related work, and for $500.00 per month for an assistant and that it be retroactive to Jan- uary 1, 1973 was read. MINUTES - April 19, 1973 - Continued -4- Motion by Alderman Donaldson "I move that the contract with Mr. Fox be approved as read." Motion was seconded by Alderman Hulsey. Alderman Pepe said he intended to vote "no" unless something could be done to insure that for $1,215.56 per month, two full days a week would be dedicated to city personnel and city matters in the city office with pretrial preparation done during this time. In answer to questions, Mr. Fox said there was a prosecuting attorney and that police officers are sometimes referred to Mr. Markson downtown, and that there was no overhead to the city as far as his office and secretary were concerned. Alderman Abramson said that though he sometimes did not agree with City Attorney Fox, he felt he had done an outstanding job and stated "That the contract with Mr. Fox be approved." Question was called and passed by a v~te of 4-2 Aldermen Howard and Pepe voted "nay." Resolution No. 218A replacing Resolution No. 218 which set up a civil Defense Agency was introduced by Alderman Abramson and RBad. Motion by Alderman Hulsey "I move Resolution No. 218A be ~pproved." Motion was seconded by Alderman Howard and passed 6-0. Ordinance No. 128 amending the Fire Code pertaining to elevators was introduced by Alderman Donaldson and read. The Ordinance was recom- mended by Chief Willis. Motion by Alderman Pepe "I move that Ordinance No. 128 be passed on first reading and be ordered published and posted." Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Pepe "I move that Council not hear the applicants for renewal of liquor and beer licenses unless there has been a violation" He added this had served a purpose but was no longer necessary Motion was seconded by Alderman Abramson and passed 6-0. Alderman Howard presented to Police Chief Pinson the "DRCOG Book of Criminal Justice." Meeting was adjourned at 10 45 p.m. ~'-...<, , Louise F. Turner City Clerk , ~ .r ;' ~ .- / ". / --r-_ _/ S / / ~ c / .> u, j/"-r- --.. Attachment to City Council Minutes - 4/19/73 CO~ITRACT WHEREAS, the City of Wheat Ridge, desires to retain Maurice F. Fox, as City Attorney, and WHEREAS, Maurice F. Fox, has expressed a desire to continue his practise as City Attorney for the City of Wheat Ridge, State of Colorado ~OW, THEREFORE, the parties hereto agree as follows. 1 The Citv of Wheat Ridge shall pay the City Attorney the sum of $750.00 (Seven Hundred and Fifty and no/100ths Dollars) per month, as a retainer fee. 2. The City shall pay the City Attorney a fee of $466.55 (Four Hundred Sixty-Six and 66/100ths Dollars) per month as the Prosecution fee for the Municipal Court work for the City of Wheat Ridge. 3 The City of Wheat Ridge shall pay the City Attorney, a fee of $22.00 (Twenty-Two and No/100ths Dollars) per hour, for all services rendered, preparatory work, trial, and other necessary efforts concerning litigation in which the City of Wheat Ridge is made a party. 4. The City shall pay the City Attorney for the services of an Assistant City Attorney a fee of $500.00 (Five Hundred and No/100ths Dollars) per month for legal work per- formed in this capacity. 5. This contract and agreement shall be retroactive to the date of January 1, 1973. r-- ULt'4v/ Maurice F. Fox Citv Attorney ;7 ! /' ~ I i 'i i, ( Ii!; I ~/ ! ; I /, _L( I I ( If / I" / C ~ ( ? { / \~L____ AIDerc E. Anderson ~Ilayor