HomeMy WebLinkAbout11/08/1973
MINUTES
November 8, 1973
The two hundred and nineteenth regular meeting of the Wheat Ridge
City Council was called to order at 7 40 p.m. at 7390 West 38 Avenue
by Albert E. Anderson, Mayor.
Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph
Donaldson, Robert Howard, and Calvin Hulsey Alderman Ray Pepe was absent.
Others attending were Mayor Anderson, City Clerk Louise Turner, City
Attorney Maurioe Fox, staff and interested citizens
Renewal of a package fermented malt beverage license for Safewav Store
No 234 came up for decision.
Motion by Alderman Donaldson "I move that the Type J1 - 3.2% retail
license for Safeway Store No. 234 at 5353 West 38 Avenue be renewed."
Motion was seconded by Alderman Hulsey and passed 5-0.
A Preliminary Hearing for a 3-way liquor license for La Fonda Restaurant
was held Applicants were represented by Ben Slosky, attorney.
Motion by Alderman Donaldson "I move that a Public Hearing for a 3-way
liquor license for La Fonda Restaurant at 5750 West 38 Avenue be set
for December 13, 1973 and that a tentative boundary for the neighborhood
be one mile subject to evidence provided at the hearing." Motion was
seconded by Alderman Abramson and passed 5-0.
A preliminary Hearing for a 3 2 package license for National Convenience
Stores dba Shop N Go at 38 Al.enue and Harlan was heard. Applicant
was represented by James Zak, attorney.
Motion by Alderman Abramson "I move that a Public Hearing for National
Convenienoe Stores dba Shop N Go for a 3.2 fermented malt beverage license
be set for December 13, 1973 with a preliminary boundary at one mile
subject to modification due to evidence PEsented at the hearing."
Motion was seconded by Alderman Cavarra and passed 5-0
WZ-73-2o Rezoning Case was brought up for hearing. Glen Tavlor, Aoting
Director of Planning requested the case be tabled until November 20, 1973.
Motion by Alderman Donaldson
be republished and posted."
and passed 5-0.
"I move Case WZ-73-20 be continued and
Motion was seconded by Alderman Abramson
WZ-73-27 Rezoning Case came up for public hearing. Acting Director
of Planning Glen Taylor stated
1. The applicants - Fred A. Riethmann, Aubrey Lee Fleming and
Raymond F. and Katherine L. Lutz had requested a change from Residential-
Three to Commercial-One on 1 48 acres from 3809-3831 Sheridan Blvd.,
west side
2
1973 and
3.
of land
4. The Planning Commission had recommended approval noting that
A. The applicants had agreed to dedicate the necessary land for a decel-
eration lane and curb and gutter, and B. The area lent itself to commercial
use more than Residential-Three.
5 There was an existing deceleration lane to the corner of 38 Ave.
6. That the required setback was 50 feet.
7. That Sheridan was a state highway.
8. That Mr. Reithmann was present and was sole owner of his property
and Mrs. Lutz who owned 3809-3831 jointly with her husband was present.
Raymond Lutz was not present
9. That Mr. Fleming was present and was sole
10. There was a filling station to the south,
east, a lumber company to the west, and mid-density
north
That notification had been given by publication
the property posted on October 24, 1973.
There were three owners, three applications and
on October 18,
four parcels
owner of his property.
Sheridan Blvd. to the
residential to the
MINUTES - November 8, 1973 - Continued
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Aubrev Fleming stated the change to commercial would comform to the
area and to the Land Use Plan, and that a portion of one lot had been
rezoned for storage area for Woodside Lumber Company.
Fred Riethmann stated
1 Density residential would add more units which would add more
traffic and that ingress and egress was difficult now
2 That the filling station on the corner was non-conforming.
3. Zoning across Sheridan was business zoning
Alderman Cavarra stated only a portion of the area proposed for commercial
was designated commercial on the Land Use Plan, the rest was designated
low density residential
Mavor Anderson stated that many people consider strip zoning bad, and
also that dedication of land was irrelevant in a rezoning request.
Garth Gibbons, Planning Technician in answer to a question, stated the
zone ended 2/3 through the lots - part was Residential-Three and part
Commercial-One, and since the request is Residential-Three to Commercial-
One, it implies the whole parcel is Residential-Three. He suggested
that application might be worded "Residential-Three and Commercial-One
to Commercial-One "
Alderman Hulsev recommended the case be continued one week for additional
information and that it be republished and reposted
Motion by Alderman Donaldson "I move we continue the case one week
in order for the Planning Department to give information on the present
zoning." Motion was seconded by Alderman Hulsey and passed 5-0.
Ordinance No. 141 pertaining to the pay of the Municipal Judge and
City Engineer was brought up for second consideration and the title read.
Motion by Alderman Abramson "The title having
the Clerk dispense with reading the Ordinance."
by Alderman and passed 5-0.
been read, I move that
Motion was seconded
Motion by Alderman Donaldson "I move that Ordinance No
on second reading and be ordered published and posted."
seconded by Alderman Abramson and passed 5-0.
141 be adopted
Motion was
Ordinance No. 142 amending Ordinance No. 100 pertaining to animal impound-
ment fees was brought up for second consideration and the title read.
Motion by Alderman Abramson "I move that the title having been read,
the Clerk dispense with the reading of the balance of the Ordinance."
Motion was seconded by Alderman Donaldson and was defeated 4-1 with
Aldermen Donaldson, Howard, Hulsey and Cavarra voting "nay."
The ordinanoe No. 142 was read in full.
Motion by Alderman Abramson "I move an amendment to Ordinance No
as follows - striking the words 'into custody' and replace with 'to
pound '" Motion was seconded by Alderman Hulsey and passed 5-0.
142 be made
the
Motion by Alderman Hulsey "I move that we add a Section 2. - Striking
the words 'City Clerk' in the title and all of the ordinanoe and putting
in lieu of it the words 'Police Chief' and changing 'Section 2.' the
effective date to 'Section 3.'" Motion was seconded by Alderman Donaldson.
Alderman Abramson stated that since the act of mass reSignation of the
Citizens Animal Commission when the animal control was transferred out
of the office of the City Clerk had been based on a specific City Clerk,
and that there would be a different City Clerk, he would support the Motion.
Council was polled and Motion passed 5-0.
MINUTES - November 8, 1973 - Continued
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Motion was made by Alderman Hulsey "I move that Ordinance No. 142
be adopted on second reading as amended, and be ordered published and
posted" Motion was seconded by Alderman Donaldson and passed 5-0. Alderman
Pepe was absent.
Parcels of land in the qreenbelt which were not owned bv the City, were
brought up for discussion.
Mavor Anderson stated that an
the state wanted to make sure
have the trail be oontinuous
be passed.
agreement with the state was pending and
that the City would make an effort to
He recommended that Resolution No. 253
Resolution No. 253 authorizing the Mayor to take steps to make the trail
continuous "by negotiation or other means" was introduced by Alderman
Donaldson and read.
Motion by Alderman Abramson "I move that Resolution No. 253, introduced
by Alderman Donaldson be approved" Motion was seconded by Alderman
Hulsey and passed 5-0.
Motion by Alderman Abramson "I move that the Mayor be authorized to
execute a cooperative agreement with the state of Colorado for a state
non-motorized recreational trail, and a project funding addendum for
a $10,000 00 grant for trail construction (Phase I)." Motion was sec-
onded by Alderman Cavarra and passed 5-0.
Correotions in past Minutes were discussed. The Clerk pointed out that
an error of an account number could not be changed in the Minutes of
October 1B, 1973, but could have a notation made and the Motion rescinded
and restated by Motion. Also, that a Motion was needed to correct a
typographical error in the Minutes of September 13, 1973 and that a
typographical error had been corrected in the Minutes of October 18, 1973
which had not yet been approved (i.e. Account 724 was changed to Account
729 on Page 4. of October 18, 1973 Minutes.)
Motion by Alderman Abramson "I move that Council rescind the following
Motion, made by Alderman Howard on October 18, 1973, and recorded on
Page 4 of the Minutes of Oct 1B, 1973 - 'I move that the Treasurer be
authorized to pay the 1973 second half participating membership contri-
bution to Denver Regional Council of Governments of $2,350.00 charged
to Account 411.12' because the account number was not proper. I further
move that a notation on the Minutes of October 18, 1973 reflect that
the Motion has been rescinded.
I further 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 No 411.2
I also move that the Minutes of September 13, 1973 on Page 4., number
1 at the top of the page have the word 'Residential-Two' changed to
'Residential-one-A. '" Motion was seconded by Alderman Donaldson and
passed 5-0.
Motion by Alderman Abramson "I move that the Minutes of November 1,
October 25 and October 18, 1973 be approved as printed or amended."
Motion was seconded by Alderman Donaldson and passed 5-0.
It was stated that the purchase of police cars would be taken up on
November 15, 1973.
Meeting was adjourned at 10 15 p.m.
APPROVED
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Louise F. Turner
City Clerk
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MINUTES
November 1, 1973
The November Study Session was called to order at 7 40 p.m. at
7390 West 38 Avenue by Mayor Albert E. Anderson
Aldermen attending were
Donaldson, Robert Howard
later.
Dr. Paul Abramson, Mary Jo Cavarra, Joseph
and Calvin Hulsey. Alderman Ray Pepe arrived
Others attending were Mayor Anderson, City Clerk Louise Turner,
City Attorney Maurice Fox, Public Works Director Glen Taylor, Finance
Officer Walt Grande, Parks Director Boyd Kraemer, Police Chief Ed
Pinson, Staff Administrator Walter Johnson, Planning Technician Garth
Gibbons, and interested citizens.
Citizen Comments were made by E.D. Mattox who expressed praise to the
officials for a "job well done" and for keeping a promise of less than
5 mills property tax and a 1% sales tax.
WZ-73-26 Rezoninq Case came up for decision.
Motion by Alderman Hulsey "I move that Case WZ-73-26 at 12301 West
44 Avenue, a request for a change from Restricted-Commercial to Commercial-
One be approved for the following reasons
1 The Planning Commission recommended approval.
2. It meets the Land Use Plan.
3. There was no opposition at the hearing."
Motion was seconded by Alderman Donaldson and passed 5-0. Alderman
Pepe's written vote was read by Mayor Anderson and is attached to the
Minutes. Alderman Howard abstained because he had not been present at
the hearing
Resolution No. 252 pertaining to amendment to the Comprehensive Plan
in the neighborhood of 30 Avenue and Upham was introduced by Alderman
Donaldson and read
Motion by Alderman Donaldson "I move that Resolution No. 252 be adopted."
Motion was seconded by Alderman Abramson and passed 5-0. Alderman Howard
abstained because he had not been present at the hearing.
Ordinance No. 130 was discussed at length. Those who made comments were
Alderman Cavarra, Garth Gibbons, Maurice Fox, Mayor Anderson, Ken Alley,
E.D. Mattox, Mike Boorman and Alderman Abramson.
The following points were made
Purpose and benefits
1. Uniform application of the subdivision regulations.
2. Application when a parcel of unsubdivided land can support
2 or more legal lots.
3. Provides means of acquiring ROW where not otherwise provided.
4. Provides park dedications.
5. Provides a control to prevent overcrowding of commercial areas.
6. Eliminates having to determine who is a subdivider.
Drawbacks
1 A legal unsubdivided lot would have to be subdivided prior
to development.
2 Plats must conform to the districts and division of a legal
lot might result in two non-conforming lots.
3. Some lots would have to be resubdivided.
4 Some lots could not meet the requirements.
5 Subdivision regulations were applied to a single building in
a developed area.
6. Addition of a store into a commercial area would necessitate
subdividing of the entire area which penalized the area, rather than en-
couraging new businesses
7. Single building on single lots experienced undue expense and
undue time lag.
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MINUTES - November 1, 1973 - Continued
Recommendations and Alternative Means
1. Modification of Ordinance No 130 to apply only to unsub-
divided lots of a size sufficient to support 2 or more legal lots.
2 Planned developments as an alternative to subdividing.
3 Modification of Ordinance No. 84 to indicate specific
reqlJirements of the subdivision regulations applicable to new construction.
4. Repeal of Ordinance No. 130 and allowance for use of pro-
fessional judgement for individual cases.
5. Amendment of Ordinance No 130 as per Ordinance No. 143.
6. Variances by Board of Ajdustment.
7. Variances by the Planning Commission
Effect if Ordinance No. 130 were repealed
1 Only affects park and ROW dedications because Ordinance
No 84 exercised the same control or other requirements, in that it
stated the Subdivision Regulations meaning all applicable portions of
the Subdivision Regulations must be met before a Certificate of Occupancy.
A copy of Mr. Taylor's written report "Interdepartmental Memorandum"
is filed in the General File under "Subdivision Regulations _ Single
Lot - Ordinance No. 130" and cross reference "Ordinance No. 130 _
Subdivision Regulations."
Items presented by BoVd Kraemer Parks Director included
1 Buses for ski trips and training (to be on 11/15 Agenda.)
2. Resolution pertaining to money available for paving greenbelt
bikeway, trail and state trail agreement (for 11/8/73).
3. Selection of an open Space Planning Consultant (11/15/73).
4. Approval of a bill for Public Service Co
Glen Tavlor, Public Works Director presented for consideration and
discussion proposed paving projects to be done by city crews including
work totaling $27,736.00 in Ward I., $45,526.00 in Ward II , and $50,000.00
in Ward III.
Edward Pinson, Chief of Police discussed the proposed purchase of video
tapes and security devices.
Vacancies on the Planning Commission and Board of Adjustment were dis-
cussed (to be on 11/15/73 Agenda)
In response to a request from City Attornev Fox the following Motion
was made
Motion by Alderman Abramson "I move that the City Attorney be authorized
to proceed with a lawsuit involving Dearmin Construction and its bonding
company" Motion was seconded by Alderman Pepe and passed 5-1 Alderman
Howard voted "nay "
Motion by Alderman Hulsey "I move that the City Attorney be authorized
to settle a claim against Linneman Crratruction Company and its bonding
company in the amount of $1,100.00" Motion was seconded by Alderman
Hulsey and passed 5-1. Alderman Howard voted "nay."
Motion by Alderman Pepe "I move that the City Attorney be directed to
settle a matter with Olympia Construction Company and give them a certi-
ficate of occupancy." Motion was seconded by Alderman Hulsey and passed
5-1. Alderman Howard voted "nay."
In a fourth matter it was pointed ou that regarding a recent annexation
involving rezoning of the land, the District Court Judge had ruled that
the 3/4 vote rule did apply, that two street frontages should have been
considered and that the 4-2 vote was not sufficient to pass the Motion
to approve.
Motion by Alderman Abramson "I move that we do not appeal the Court
decision on Annexation No 3" Motion was seconded by Alderman Cav8rra
and passed 5-1. Alderman Howard voted "nay."
Meeting was adjourned at 11 15 p.m.
APPROVED
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Louise F. Turner
City Clerk
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LOUIS
ALDERMEN
RAY l. PEPE
JOSEPH M. DONALOSOr~
R::>8EF<T G HQWARC
LALVIN 0 HULSEY
PAUL 8 ABRAMSON
JACK W BRAMBLE
Tl_C"~~ER
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AL.8I::.RT r- ANDER .Jr"l
1\1 YOR
JAMeS MALONE
TRFASURER
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7470 W 38TH AVE
WHEAT RI~~~ ~~~~~OADO
PHONE 421 8480
80033
MINUTED - Novembe 1
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