HomeMy WebLinkAbout10/18/1973
MINUTES
October 18, 1973
The two hundred and seventeenth 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.
Upon request of Alderman Howard, Mayor Anderson stated approval of
the Minutes would be held over until the following week because of
late distribution
Wz-73-14 Rezoning Case came up for decision.
Motion by Alderman Pepe "I move that Case WZ-73-14, a request from
Applewood Village at 38 Avenue and Youngfield, Southeast corner, re-
questing a change from Restricted-Commercial-one to Restricted-Commercial
be approved for the following reasons
1. The request conforms to the Land Use Plan.
2. It is the best use of the parcel and there was no opposition
at the hearing." Motion was seconded by Alderman Donaldson and passed
5-0.
WZ-73-21 Rezoninq Case came up for decision.
Motion by Alderman Pepe "I move that Case WZ-73-21 located at 6275
West 38 Avenue, a request from Residential-Three to Restricted-Commercial
usage be approved for the following reasons
1 It conforms to the Land Use Plan.
2. It is the best use of the parcel
3. There was no opposition at the hearing
4 The Planning Commission recommended approval." Motion was
seconded by Alderman Hulsey and passed 4-1 Alderman Howard voted "nay."
Rezoning Case WZ-73-25 was heard Glen Tavlor, Acting Director of Planning
stated the applicants Max and Eva Ginsburg had requested a change from
Agricultural-One to Restricted-Commercial on 2.95 acres at the southwest
corner of 1-70 and Tabor Road. He added
1. The Planning Commission had recommended approval.
2. Three citizens had appeared in opposition at the Planning
Commission Hearing.
3. The Land Use Plan shows high density but that residential use
was questionable because of the sha~and position adjacent to 1-70.
4. That street requirements facing 1-70 ROW would be the same as
for facing the service road
5. That the access road is owned by the state and restrictions
are by mutual agreement, and that he knew of no agreement.
6 The incline for the Tabor overpass began in the area at a
narrow triangle to the east of this property.
7 At this point the road is approximately higher than the property
in question.
8. There was a chain link fence on the north
The question of frontage on a city street was brought up by Alderman
Pepe. Mayor Anderson said such frontage is required by the subdivision
regulations and also that the parcel was 620 feet and there should be
a north-south stree~ that it's necessary to look at the circulation of
traffic for the public health, welfare and safety
The question of possible gravel deposits was brought up by Mavor Anderson.
Mr. Taylor stated some were known to exist to the north of 1-70 and some
to the south in the area of Clear Creek, and there was a good possibility
of continuous deposits.
Max ~jnsburg, applicant was present and stated he and his wife owned the
property in joint tenancy. He was represented by Tom Johnson who stated
1. He represented the owners
2 The request would upgrade the property
MINUTES - October 18, 1973 - Continued
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3. It was designated multi-family on the future Land Use Plan.
4. It comprised 3 acres and would allow 60 units
5. He woundn't care to live adjacent to 1-70
6. The request was for Restricted-Commercial.
7 Access was good to 44 Avenue to Ward Road and Tabor.
8. A large tree would be left which would screen the new building
The building would house dentist or other offices.
9. The ditch would be left
10. The building would be attractive and landscaping utilized.
11 Water and sewer were no problem
12. There were industries on the north side of 1-70 that had all
the advantages of being on 1-70
In answer to a question he stated he had no agreement to cross Tabor.
Mr. Ginsburg said the state had given them ROWand there was no written
agreement.
In answer to a question, Mr Johnson said he was not aware of House Bill
1529 pertaining to the rezoning of land which might contain commercial
mineral deposits. City Attornev Fox stated the burden of proof that
deposits do not exist is on the applicant.
Mr. Johnson asked if rezoning might be approved subject to presentation
of the information on gravel and ROW use. Alderman Howard stated the
City did not rezone on a contingency basis. Alderman Hulsev said there
were two choices to deny or postpone the matter.
Motion by Alderman Pepe "I move that Case WZ-73-25 not be heard because
no proof had been presented regarding whether gravel can be commercially
extracted." Motion was not accepted.
City Attornev Fox said the case had been heard but could be tabled
Motion by Alderman Abramson "I move that WZ-73-25 be continued until
such a time as the applicant can present information to the Planning
Commission regarding House Bill 1529 with the upper limits of six months."
Alderman Hulsey seconded the Motion and added the property should be
reposted and republished at the applicant~ expense. Motion was passed 6-0.
Ordinance No. 141 setting the salaries of the City Engineer et al was
introduced by Alderman Donaldson and read. It was pointed out that the
assistant judge was not included in the Ordinance, but was included in
the pay ordinance.
Motion by Alderman Pepe "I move that Ordinance No. 141 introduced by
Alderman Donaldson be passed on first reading and be published and posted."
Motion was seconded by Alderman Howard and passed 6-0.
Ordinance No. 142 pertaining to animal fees was introduced by Alderman
Pepe and read.
Motion was made by Alderman Howard, seconded by Alderman Pepe and passed
6-0 "To correct the wording in Section 2 to read - 'after publication
following final passage.'"
Alderman Pepe said the reason for raising the fees was an increase in
county fees.
Alderman Howard said he objected to the doubling of fees and that it
should be a free service of the County to the City residents. Also,
that the Ordinance still refers to the Commission's advising the Clerk
and should advise the Chief of Police He also requested information
on impoundments for the past several months to be made available
Alderman Hulsev said the Ordinance could be amended on second reading
and that if the Commission had resigned in mass it should have been
reappointed.
MINUTES - October 18, 1973 - Continued
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Motion by Alderman Howard "I move that Ordinance No 142 introduced
by Alderman Pepe be passed on first reading and be published and posted."
Motion was seconded by Alderman Hulsey and passed 6-0.
Ordinance No. 143 amending Ordinance No. 130 was introduced by AId Cavarra and
M A read.
otion by lderman Cavarra, seconded by Alderman Hulsey and passed
6-0 "that the wording in the effective date clause be changed to read
'after publication following final passage. '" Motion was seconded by
Alderman Hulsey and passed 6-0
In answer to a question from Alderman Pepe, Alderman Cavarra stated
that an additional paragraph on the Ordinance as originally written
had been omitted on recommendation of City Attorney Fox
Discussion followed regarding the term partially developed land and
the limit in the zoning law of one main building per lot.
Ken Allev stated
1. That his committee had no objection to the Subdivision Regulations
as originally written but that current regulations are discriminatory
to persons doing small buildings or putting one house on a large acreage
2 That some relief would be afforded by the proposed law and
relief to commercial areas could come through an amendment to Section 20
of Ordinance No. 98 but the committee still requested repeal of Ordinance
No 130
Mayor Anderson said the only control to get proper streets was through
subdivision regulations.
Additional comments involved building permits, non-conforming use and
Minor Subdivisions
Motion by Alderman Abramson "I move that Ordinances No. 139 and 143
both pertaining to Ordinance No. 130 be treated at the November 1, 1973
Study Session and the Planning Department and Planning Commission be
asked to make recommendations." Motion was seconded by Alderman Donaldson
and passed 6-0.
A 72 inch water pipeline to be built by the Denver Water Board which
would involve street and park ROW was brought up.
Motion by Alderman Donaldson "I move that a Study Session be held with
the Board of Water Commissioners or representatives of the Water Board
on Tuesday, November 27, 1973 at 7 30 P m. to discuss the water board
agreement" Motion was seconded by Alderman Abramson and passed 6-0.
Ordinance No 138 pertaining to 1974 pay scale and positions was brought
up for second consideration and the title read.
Motion by Alderman Abramson, seconded by Alderman Donaldson and passed 6-0
"That the Clerk dispense with reading the balance of the Ordinance."
Motion by Alderman Hulsey "I move that on Page 2. in Section 2, Grade
16 be deleted and Administrative Assistant be placed under Grade 18."
Motion was seconded by Alderman Abramson and passed 6-0.
Motion by Alderman Pepe "I move that Ordinance No. 138, the pay ordinance
for 1974 be approved as amended on second reading and be ordered published
and posted." Motion was seconded by Alderman Donaldson and passed 6-0.
The Classification Manual came up for approval. Walter Johnson stated
that in reference to the City Attorney in the statement "any equivalent
combination of education and experience" the words "education and" be
deleted
Resolution No. 249 adopting the classification manual was introduced
by Alderman Abramson and read.
MINUTES - October 18, 1973 - Continued
-4-
Motion by Alderman Howard "I move we adopt Resolution No 249."
Motion was seconded by Alderman Hulsey and passed 6-0.
On recommendation of Mr. Johnson, the following Motion was made by
Alderman Hulsey "I move that the personnel schedule for Account 452 11
be changed from Clerk Typist to Stenographer effective November 1, 1973."
Motion was seconded by Alderman Donaldson and passed 6-0.
On request of Alderman Cavarra, Mayor Anderson directed Mr. Johnson
to advertise for a City Administrator
The Budget and Appropriations Report was given by Treasurer James Malone.
The report indicated that 77.3% of the anticipated revenue had been
received and 68.2% of the appropriation had been expended.
Resolution No. 250 authorizing the transfer of funds was introduced by
Alderman Donaldson and read.
Motion by Alderman Howard "I move that Resolution No. 250 be approved "
Motion was seconded by Alderman Donaldson and passed 6-0.
Walter Grande presented cost items for approval.
Motion by Alderman Pepe, seconded by Alderman Donaldson and passed 6-0
"That the Treasurer be authorized to pay the Workman's Compensation Insur-
ance Fund $14,470.00 charged to the proper accounts." Motion was seconded
by Alderman Donaldson and passed 6-0.
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Motion by Alderman Howard "I move that the Treasurer be authorized
to pay the 1973 second half participating membership contribution to
Denver Regional Council of Governments of $2,350 00 charged to Account
411.12." Motion was seconded by Alderman Pepe and passed 6-0.
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Motion by Alderman Pepe "I move that the Treasurer be authorized to
purchase 5 pro table radios from RCA at a total cost not to exceed $5,680.00
from Account No 421.84." Motion was seconded by Alderman Donaldson and
passed 6-0.
Motion by Alderman Howard "I move that the Treasurer be authorized to
buy barricades up to the purchase price of the low bid of $4,860.00,
Items 1,3 and 4 to come out of Account 729 and Item 2 from Account 431.42."
Motion was seconded by Alderman Pepe and passed 6-0.
Motion by Alderman Donaldson "I move that the Treasurer be authorized
to pay the audit premium of $1,754.00 for the General Liability insu~ance
policy to the Gallaher Insurance Agency, charged to Accounts 421 55 and
421.83." Motion was seconded by Alderman Abramson and passed 6-0
Motion by Alderman Cavarra "I move that the Treasurer be authorized
to pay the renewal premium for Auto Insurance to the Trust-Hall Agency
in the amount of $10,933 00 as set out on an October 18, 1973 memo and
charged to the proper accounts." Motion was seconded by Alderman Donaldson
and passed 6-0.
Motion by Alderman Hulsey "I move that the Treasurer be authorized to
secure engineering services from Lawrence E. Powell at a total cost
not to exceed $1,245.00 distributed between the 1973 and 1974 Parks Capital
outlay budgets." Motion was seconded by Alderman Donaldson and passed 6-0
Motion by Alderman Hulsey "I move that the Treasurer be authorized to
purchase backstop relocation from Elcar Fence Company, not to exceed
$1,529 20 from Account No. 452.15." Motion was seconded by Alderman
Donaldson and passed 6-0.
Police vehicles for the burglary tactical unit were discussed at length.
Motion by Alderman Abramson
with Walter Grande and the
bring the information back
Cavarra and passed 6-0
"I move that the Chief of Poll ce sit down
two of them decide what they want to do and
in two weeks" Motion was seconded by Alderman
MINUTES - October 18, 1973 - Continued
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It was determined that additional items would be brought back at a
later time
A deed and easement from Lutheran Hospital was presented by City
Attornev Fox and Glen Tavlor and discussed. The proposal was for a
five foot dedication and a 10 foot easement for a walkway 1004 feet
long.
Motion by Alderman Howard "I move that Council accept the deed and
easement and that Council authorize the Mayor to sign the easement."
Motion was seconded by Alderman Donaldson and passed 6-0.
Meeting was adjourned at 11 35 p.m
o<~ _/ ~
Louise F. Turner
City Clerk
APPROVED
I. IX;
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