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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 -2- 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 -3- 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. r f ~. 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. , I...~ -=-SL': 1v1.)C l.J c,V /I/Y/'l.::> .5 t ~_ /j,J/tl~ ,-t ~ / // 7; / :~ ,..>:-./" 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 -5- 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; '/ ,-<, 73,-;>4.. '1