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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 -2- 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 -3- 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 / ,.,,.., /IIP, / 73 cAf~ ~ /,/-- Louise F. Turner City Clerk ./ 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. -2- 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 7 ' /i~J,- ~ // /2>' /23 ~ t. ~ J_---t -.... / "."...~- .'" Louise F. Turner City Clerk <0.' 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 Lf:.Ri\ AL.8I::.RT r- ANDER .Jr"l 1\1 YOR JAMeS MALONE TRFASURER j;: {' /, 7l<e {:/Lt'-< "L( e~Ju _J n~JI -" Uf -#f/lfeai RuJ'fB 7470 W 38TH AVE WHEAT RI~~~ ~~~~~OADO PHONE 421 8480 80033 MINUTED - Novembe 1 r , 1973 - Continued -3- P [iL ~L( "7 ( /: r 7 ) ) v I 11,('" / ?c ~2 ?~ [I ,rr( /' " I'-~!.L-LLY j~l / ~L~<< L'.- 'i ,',- (. -c' 1. ~ r, j I - -- - - 'i~ '7 7 ...., ").l " &/-, . ( l c-' /7:; r~l t 1.- t.'-.:: ~d. / rJ ;___L----- ) Ll"~ ) kCi (j~ . f({t l r /~ ! ?;,~