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HomeMy WebLinkAbout11/20/1973 MINUTES November 2.0, 1973 . The two hundred and tGJentlj-first r8gljl~it' ,meeting of the Wheat Ridge City Council I~as called to ordE'lr at 7:35 p.m. at 7390 West 38th Ave. blj Mayor Albert E. Anderson. Aldermen attending were Mary In Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe. Dr. Paul Abramson was absent. Motion by Alderman Donaldson "I move that the Clerk dispense with the reading of the minutes and that they be approved as presented." Motion was seconded by Alderman Hulsey and pa!!t~li!'d 4-1. Alderman Howard voted "nay". Ci tizen Comments on items not on the ag'enda were made by Harold Rust of the Public Service Go. who stated that the new gas approval schedule was filed with the P.U.~, that he had copies for the Council of letter sent to contractors s'nd that he was available to ans- wer questions if and when they should arise. ~Jalter G~, finance officer, lOl'ho reported on office space. He stated 1. He had been notified by Empire Savings and Loan that the lease which expires April 1, 1974, would not be renewed. ? That Counoil must take actiorr Dn an alternative. 3. He considpred rental of Gem or the available portion of the former Spartan Store too costly because of the size and the removal of potential sales tax base. 4. Utilizing school or Grclnge fscili ties would monopolize them four nights a weel . 5. While he '5 continuing to search for space to lease Council might consider constructi.on of a fjecraation Building to be put in City Park wi th BODO sqlJare fest, wh ich could be used for Council and Commis- sion meetings and court. 6. That Council formerly selected that site. 7. That he b~s8d this recommendatimn on Planning Commission recom- mendations. B. That if a building is to he b~ilt it should be built now, ahead of pending gas restrictions WZ-73-27 li'ezonin] case came up for dl!lcision (applicant C. A. Reithmann et aI-located at 39th and Sheridan). Motion by Alderma~ Cavarra "I move that WZ-73-27 be denied for the fol- lowing reasons 1. It dnesn't conform to the land use plan. 2. It is of sufficient size to develop within the existing zoning. 3. Strip commercial zoning should not be encouraged." Motion was seconded bv !\lderman Howard. Aldermand Pepe stated he l~oLlld vote aqainst the motion to deny because the Planning Commission had I'ec[]J\lmend~'d approval and it would be the best use of the land. Motion tied 3-3. Aldermen Hulsey, PW'I.!!,e and Abramson voted "nay". Ald- erman AbramsfJn' s I~ri tten vote was r,el!lllby Mayor Anderson. Mayor Ander- son voted "ave" to break the tie and '~1iI'SS the motion. He explained that the applicants did not rive evidence that the property couldn't be used under the present zoning, that there was a usable alternative, that commercial existed on 38th Ave. and granting this rezoning would start the trend down Sheridan. He soid of the applicants had shown that there I~as "no wall to develop under the present zoning" he would have voted for the rezoning. Renewal of two 3.2 Fermented Malt Baveraqe Licenses was considered. Motion by lildermE'n Howard "I move thet the 3.2 Fermented Malt Beverage package license for Southland Corporation dba 7-l1 Store #45 at 6595 west 44th be renewed." Motion was seconded by Alderman Cavarra and passed 5-0. MINUTES - November 20, 1973 - Continued - 2 - Motion by Alderman Howard "I move that .the renewal of the 3.2 Fei'mented Malt Beverage package license for Tenneco Oil Co. dba Tenneco Food Store at 12700 West 32nd Ave. be approved." Motion was seconded by Alderman Hulsey and passed 5-0. Change of Corporate Directors, Officers and Stockholders for Lost Knight Lounge was considered. Attorney Jay Colby stated 1. That Dale and Evelyn Claus had sold the stock and resigned as officers and directors. 2. lht DUClne F. ~;and [llflUld lll1Jn l[]0% of the stock and would be Pres- ident and director. 3. That Joel Allen Sand would be ~ice President and director. 4. That Donald John Sand would be Sec-Treas. and director. 5. That all three were present. No one else was present to testify either in favor or in opposition. Motion by Alderman Hulsey "I move that the change of Stockholders, Directors and [Jfficers for The Lost l~night Lounge, Inc. (dba Lost Knight Lounge at 3270 Youngfield be approved." Motion was seconded by Alderman Donaldsn and passec 5-0. Motion by Alderman Howard "I move that the 3-way Liquor License for Lost Knight Lounge, Inc. be renewed for 1974." Motion was seconded by Alderman Hulsey and passed 5-0. Renewal of Liquor Licenses for 1974 was considered. Motion by Alderman Pepe "I move the Council approve the renewal of liquor licenses of all establishments checked on the agenda because they were cleared as having had no police problems in 1973, (i.e. House of lords, Wadsworth Drug Store, Wheat Ridqe Lanes~ Vern's, Carefree Lounge, Cugino's Italian Restaurant, Country Broker, V.n~tian Nits Club, AppleJack Liquors~ Swiss Society of Denver, Rirlgeview Inn, Holly West, Village Inn Pancake House, Jolly Jac~s, Disabled AmRrican Veterans and Jenny's Italian f~estau- rant)." Motion was seconded by AldRrman Donaldson. In answer to a question bV 1lderman Howard asto the ownership of the Venetian Restaurani, Mavor f\nderson read from the application addendum sheet that Joseph Horan W9S President ffid sole stockholder. Mr. Hulsey stated that Mr. Ll/llCh had bFJ8n the owner last year. Motion by Alderman Howard "I mnve that Alderman Pepe's motion be amended by deleting Venetiun RestC1urant" !\ffiendment was approved by the second and passed 5-0. Amended mot inn passed S-O. Renewal of the Pacfaqe Liouor License fOT Park-W-Pik Liquors was Gonsid- ered. Owners, Mr. Gasperetti and Mr. Clytie Badger were present. It was stated that a violC1tion had occurred in August 1973 and a hearing had been held at that time mr1 a temnorary sUSpSfl$ion ordered. Mr. [;asperetti, in answer to question ~H to the disp011tion of the summons he had received, said it hacl never \let cOlne up. Motion by jilciermall [Jepe "I move that renewal of the license of the Prk-1fl1-Pik l_iquors , Caravan West, I~ockette Bar, Port 0' Entree and Hill- crest Liquors be approved." Motion died for lack of a second. Motion by Alderman Hulsey "I move that the Package Liquor Store License for Prk-N~Pik be renewed." Motion was sBconded by Alderman Donaldson and passed 4-l. I\lderrnan HOWArd voted "nay". Renewal of the 3-W1Y Liquor License for Caravan West was discussed. Mr. Dale Long was present. Several disturbance and assault reports submitted ~y the Police Depa~tment were attached to the application. Mr. Long stated that employees Bre told to call the police if there is trouble but that he was not aWAre of some of these instances. The m~tter was set for hearing on 11/29/71 lnd Mr. long was to be made aware of the reports. Renewal of the 3-way Liquor I_icense for Rockette Bar was considered. Mr. MINUTES - November 20, 1973 - Continued - "3 - Harry Belstock, owner was present. ful sale to a minor. In. pGlice report indicated unlaw- . Mr. 8elstock state~ a youth had drunk from a pitcher away from the bar without his knowledqe and that he had received a "deferred prosecution" which he had been told was the "same as dismissal" in County Court. Comments from Qldermen Howard, Hulsey and Pepe indicated the report should have been given to Council but had not so there had been no Council Hearing, that if some are heard all should be and that it should be within a reasnnable amount of time. Motion by 141derman Hulsey "I move that Council renew a type "G" 3-way license for Rockette Bar at lOOOS West 44th Avenue." Motion was seconded by Alderman CavarrE and passed 4-1. Alderman Howard voted "nay". Renewal of a 3-way Liquor License for HObo Inc. dba Port 0' Entree was considered. rlwner [swey Dutton, Jr. was present. The police report indicated an instarcB of an intoxicated cook. It was determined that l. The matter had been heard previously 2. It was not considered important and 3. It had been dismissed in court~ Motion by Alderman Donaldson "I move for approval of a~" and "SG" Liquor LicensE' for Dewev Dutton, Jr. (HtJbo, Inc. dba Port 0' Entree) at 4105 Wadsworth." Motion was secondeti by Alderman Hulsey and passed 5-0. Renewal of a Packarle Liquor Store License for Hillcrest Liquors was considered. Owner Ronald Graebing was present. Police teport indica- ted sale to a person under 2l. It was determined the matter had been heard bV the Counc~l at the time cmd a temporary suspension had been ordered and also that Mr. Graebino ~ad received a deferred prosecution in Court. Mr. Graebing stated his license hAd been suspended for four days, others charged with the same violation, in business less time than he,had been suspended 2 days and had been allowed to attend the hearing and others had not been ,Iuspended at all. He thought there should be some rule for consistencl( Mayor Anderson stated that after his C2rse had come up, Council had deci- ded to hold a hear no before suspension. Motion by Alderman Pepe "I move that the Package Liquor License for Hillcrest Liquors nt 4403 Wadsworth be reoewed." Motion was seconded bV Alderman Cavarra ald passed 5-0. WZ-73-20 Rezoning ['ase was henrd. Garth Gibbons, planning technician stated 1. Applicant 1 nrville and Doris Lockhart and Muriel Burwell had requested a change from R-l to R-lA on 3.8 acres at l2365 and l220l West 38th I~venue. 2. That problems harl prieviously existed as to the legal descrip- tion ~nd bnunrlariel and the fact th3t rrne owner had not made application. 3. Th,et a l5' 'ltrip iJJnS fllunerj by Mrs. BuruJell. 4. That the -remaining piece luas owned by the Lockharts 5. That the1ppli.cation had been amended to show this. 6. There Idere 3 parcels, all were.. included in the application. 7. That the title insurance show~d what was to be conveyed. It did not show parcel #1 because it wnuld be kEpt by Mr. Lockhart. 8. That when the apnlication had been amended, the Burwells had included themselves in the application. 9. The Hurwells owned additional property to the north. 10. That Residential 1 was a qood use and allowed 3.5 units per acre or after dedications ?8 per acre and that Residential lA allowed 4.8 per acre or ~fter dedicltions 3.9 per acre. The difference was 1.1 unit per acre. ll. (In answer to question from Alderman Cavarra,) that the case had b~8n.first heard bv the Planning Commission on July l8, 1973 and the Com- mlSSlon had recommr,nrJed df'ooial. MINUTES - November ~O, 1973 - Continued - 4 - 12. The case was heard by the Counoil on September, l3 and went back to the Planning Commission for heari-ng on October l5 at which time the Commission recommended that it be granted on the basis that it was not bad zoning and that it would be a bUffer between the school and the area. l3. That he could not explain 11Jhat they meant blj a "buffer" or by "bad zoning". 14. The area CJntained l69, 828.1 Square Feet if a section on 38th Ave which had never been dedicated were subtracted, or 3.8 acres. l5. That ldjacent zoning and use ware East-Residential-one and agricultural and vacant, luest-Residential-one and agricultural and KullBrstrand School, North-Agricultural-two and open, and South-Residen- tial-one and Residentinl-one A and residential use for singles and doubles. l6. Land was not in the flood plain. 17. Right of way needs would be determined at time of development. 18. Land llse Plan ShOleS low density residential. 19. The Planning Dept. felt the present zone of Residential-one was in accordance bJi th the Land Use Plan, that this was a location to avoid any undue congestion of traffic because of the school and that Residen- tial-one allowed adequate use of the land. In answer to MSljor ~nderson who asked if Mrs. Burwell understood that she would have to plat all of her propertlj, Mr. Gibbons stated that onllj the 15 feet needed to be nlatted. Mayor Anderson pointed out that the IS' could not be a lot of record because it had a problem of frontage. Mr. Gibbons stated this was not pertinent to the rezoninq. In answer to Alderman Howard who asked if it were normal "to chop off one lot to add tn anotller to reznne" Mr. Gibbons said it had been done in other cases. Attorney Michael Villano 4315 luadsulorth Blvd. represented the applicants. He stated 1. That he had nnt rnpresented thim at the first Planning Commission hearing or first CCJuncil hearing. He had the second time before the Plan- ning Commission. 2. That ~r. Lockhart had bought the property 3l Ijears ago and the area then uJCIS farm homes and vacant land. 3. There had been a great deal of development since-mostllj residen- tial with the 8xcertinn of the Shopping C~nter on Youngfield. 4. That most of tile development ha.D been Residential-one-A. That a several block arRa across 38th was Residential-one-A. He pointed out R-I-A subdivisions on a map which he asked to have made a part of the record. CIt is att2ched to the minutes) 5. That both R-l and R-l-A conform to the Land Use Plan designation of 0-7 units per acre and 26 units for this property would still be low density. 6. minutes. 7. The property was under option to the Ficcos. 8. The purpose of the l5' was so Burwells would not be landlocked- That thelj presentl~ uSed a 16' lane. 9. That inst~arl of a cul-de-sac which would cut off access-this 15' would allow the stre8t tn be opened up for access. lo. That R-l ~Inuld allnw 11 si tes. R-I-A would allow 3 more and would be more feasible with the "cost of l~nd and development todalj". ll. The difference in the size of the lots would not be unattractive. 12. R-l was uneconomic-Development was not economicalllj feasible unless maximum use of the land was made. 13. People don't want large lotsL l4. l.\t one tir!8 I'\ullerstrand SCllool WJs going to use a leaching field. Mr. LockhaJt had helped tn nay for a sewer line over which he had no control and whi~h was p11ced too shallow for use blj the back lots on his property. l5. Ther8 had LJeen no opposition at the Planning Commission hearing which he had attended. 16. He understood ther8 had br'en st1me opposition overcrowdinq of the school nnd that the Kullerstr3nd with its princip 1 f"lr. iJJatson ldho had testi fied the students each year nnd that the ~ualitlj of education He distributed a map indicating l4 sites. (Map is attached to the pertaining to the P.T.O. didn't agree school was losing couldn't be maintained ., MINUTES - November 20, 1973 - Continued - 5 - if students decline and that 4lJCJ homes wctuldn't affect the school. Louis Ficco, ontimn purchaser of the property, stated 1. They (Ficco f:1roUlers) ldould build $40-50,000 homes which would not be a discredit to the area. 2. They nlanned to put in curb, g~tter, sidewalks, improve the streets nrl dedicote that portion of 38th Avenue which had not been for- mally dedicated. 3. (In answer to i\lderman Cavarra) That the sewer was lO-ll' deep in 3Bth Ave. It would be some ?-3' belQw the street at the rear of the property which was 7' lower than the ftbnt. That it could serve ranch style houses but not b~3ements and that fill would be added to the north lots. 4. (In answer to ~lderman Cavarra'who asked if he were basing the reason for the rezoninq on the sewer) That is was based on the sewer and on needs of retireo people. 5. That he didn't anticipate any building to the east because the area needed to be served by a $30-40,000 sewer line from perhaps Routt. 6. That it WFS easier to sell hou'es with basements than garden level homes or 1 or ? story homes lili thout basements. 7. That citizens wanted residential development and that members of the Planninq Commission had asked why there were only duplexes and units being built and no single hnmes, that there were only 6 houses that he knew of beinq built in Wheat Ridqe and that he would like to build homes. 8. (In answer to ~lderman HOldard) That fill to the Nath would be 2-3' and would direct the sanitary drainage to 38th r~venue but would not change the natural drainaqe which was to the north. 9. (In answer to Alderman Howard) That the reason for ohanging from R-l to R-l-A was ttlat the hiqh traffic on 38th was undesirable in R-l, that R-l homes woul d have to lJe 1165-70,tmo homes and that people don't want such expensive homes on 38th or next to a school and that this llJaS what the Planning rommission meant hy a buffer. lOa an answer to Alderman HOWArd) That it couldn't be feasibly dev- eloped under R-1. That he ilJOuldn'1- develop it under R-l. 11. R-l had bHen a desinnation of the County and a change to R-I-A lllasn't "that IJig a d ,a]". l2. Thflt Mr. IIJckhart 11Ias k8eping thr88 lots, that there wuuld be 11 instead of 8 ,,'nd tl18 difference wouldn1 t cause added traffic. l3. (In answe" LO Mayo!' ,~nderson) That the rest of the Burwell prop- erty was to the north and behind the school, that the property was non- conforming because it had no frontage. l4. The street; IdDuld eliminate 1 house at lllhat would have been the end of the cul-de-:3ac. Added comments Mal/or [\nderson That; be wOllld hope the city wouldn't allow a cul-de-sac that could landloc~ n property. Also that a contour map was a part of the record. Mrs. EJurwell (In allSIJJer to f.\lderman Howard as to how long the lane had been used) Since l'J4l. Speaking in O~posicion Mrs. Nancy Snow, lL155 West 40th Avenue stated 1. ThfJt at tile previous Council hearing there had been petitions presented with l3D signatures of people in opposition and also a statement of the Kullerstrand ['. T .0. um3nimously opposing the rezoning. 2. That when a case is sent back to Planning Commission, petitions etc. should go with it. 3. (In answe" to a question from Alderman Hulsey) That she had cir- culated one of the petitions which had approximately 10 names. 4. That she ~asn't certain but thought someone from an R-I-A area held Cllso. 5. The reason they had not bRen presented at the first Planning Commission Hearing WlS that the case was scheduled 7th on the agenda and in deference to Judge Shannon, who was present, Mr. Fox had moved the case up on the agenda and the opposition didn't arrive on time. 6. That in regard to the second h~aring, one sign had been changed and the other had not. No one was present but the petitions should have been tllere. 7. That the JpJlicant had attempted to show that the land couldn't MINUTES - November 20, 1973 - Continued - tl - be used under its r'resent zoning because the character of the land had . changed. S. That in an earlier case this evening, Mayor Anderson had said that the burden of proof is on the applicant-to prove that the land couldn't be used under the existing zoning. 9. This had not been shnwn other than in respect to making money. lO. That the developers were holdim~ the rezoning over the heads of the applicants i.e. that they wouldn't buy it if it were not rezoned - but that she (Mrs. Snol1l) wondered if t~ley m~ght not be going to buy it anyway because of the fact that filling h~d altsedy begun. ll. The city ['[wId require that access be provided to the Burwell property. 12. That 3 fa r price to th~ Lock~arts and access for the Burwells should really be plssible under the present zoning. 13. That a Sfl,ll] OI.D sewer, even though it was upsetting, was hardly reason for ,] city J'fFoning and if it we're not adequate for R-l, how could it be adequate for more houses. 14. That Mr. Watson had appeared in favor at the second Planning Commission Hearing but th~t he had Also been present at the meeting when the P. T .0. had unarlirnouslv passed ,J resolution in opposition. 15. That as to the school, it would be lo children under capacity with the completion nf the new addition. 16. That there were AS acres in Wheat Ridge in the Kullerstrand district-not counting the steep slnpe area or the flood plain and 21% acres in the Lakewnod portion of the district. This would allow 309 homes and, if the zoning were changed to R-I-A, an additional l20 homes. 17. The enrollment has dropped 32 children but R-l School District figures 3/4 child per R-l-A house and this would provide 232 children even under the present zoning. l8. Also there WeE large, yet to be developed, blocks of R-3 land about which ,.3pparently nothing can be done. 19. One of the subdivisions to the west ~s ~ R-l and % R-l-A and that exisino R-I-A lots to the south were much larger than the minimum required. 20. Contiguous zoning to the east was R-l. 21. That there had been sufficient number of hearings to wear down the opposition. 22. That there had been no proof that it could not be developed under the present oning. 23. That the last two requests for change from R-l to R-l-A west of f'1ipling had been turned dOlDn cmd that on one of them, Mr. Howard had "put it very well" that it was just an "excuse to cram more houses in". Also speaking in ollposition was RoV Combs, 3815 Rolmw-)1o said 1. That he hc3~dFpresent when the attempt was made to present the pet- itions to the Planiling Commission. 2. He had ar~ived prior to the time the case was supposed to have been heard. The case had already been heard. The attem~was made and the petitions were refused. 3. That it WIlS difficult for him to believe that a difference of three houses 11JOuld "make or break any developer". 4. That the Jressure for the ch~nge seemed to"center around econb- mics. .. 5. That he wondered lf the emphasls on the 15' in back was really to square off the property and allow extra units rather than to provide access as stated. 6. That the 3diacent unused land is princtally I~-l and for the pro- tection of Lhose p'3ople, trle hmdi.n qLfestion should rem,oin R-l. Speaking in favor ~as f'1enneth Alley, 110QO West 38th Hve. who said l. Th~t he had not planned to speak. 2. That R-l-~ was a loqical use. 3. That there was a mixture of R~l and R-I-P in the area as well as R-3 to the sOllth ami 8ast. 4. That R-I-J was a good buffer between R-l and R-3. 5. That the issue at this time wes rezoninq, not subdivision regula- tions or open end ~trBets. In Summary Mr. Vill~no said 1. The errors n his presentation had been pointed out. MINUTES - November 2n, 1973 - Continued - 7 - 2. That perhaps the question was w~ather or not there was an R-l-A district alloul8d ill illheat Ridge. 3. That is was a "terriblR burden" to show why R-I-A was better than R-l. 4. That he had shown Lhat the character had changed from agricul- tural to what is nDW R-l-P all through the area. 5. That 38th had cr18nqed from a country laneto 75-80,000 cars per day for houses on 8th Ave. . . 6. That oeople in R-l palatial manors dldn1t want to llve on 38th or next to a school. 7. That R-l rlevelopment was tno expansive and that he knew of no place more logical for R-l-i\. Mrs. Snow in summalV for the opposition said that Mr. Villano admitted he "couldn't ni~B muc~ Df a reason either". Motion by Alderman Lavarra "I move that case WZ-73-2Q be continued until November 29, lq73 fnr a deci ion to be given at that time." Motion was secDnde~ bV Alderman Donaldson and passed 5-0. Resolution ii254 (pElrtaining to a qr8enbelt comprehensive plan and con- sultant) was introduced by Alderman Hulsey and read. Alderman Hulsey stated the choice of the Consultinq firm was that of the Park Commission. Motion by Alderman Pepe "I move that Resolution #254 introduced by Alderman Hulsey be adopted." Motion was seconded by Alderman Hulsey and passed 5-0. Illderman Abramson 11laS absent. Mayor Anderson stat,ad that the traffic signal agreement scheduled on the agenda would be tah3n up at E1 18teT' d;iJtJe. Resolution #2S5 (pDrtaining to the transfer of matured funds into the checkinq account) ~11S introduced bv Alderman Donaldson and read. Motion by Alderman Unnaldson "I move that Resolution #255 be adopted." Motion W8S seconded lJy AlrlsT'man l-Iull3ey and passed 4-0. IUd Abramson and Alderman Per 8 were not prBsent. Ordinance #130 camE~ up for discussirm. Alderman Cavarra stated she had an amended version of Ordinance #l43 (amending Ordinance #130) to be read. Mayor Anderson ordRT'ed that Ordinance # 143 be reread on first reading because of thB timp lapse and that it be read in its original form and amended by motion. The Ordinance was read. Mot ion by !Uderman Cav8rra ''1 move t hat under 5 ect ion 1, fo llowi ng the word ~onstruction" the words "in a Residential-One, Residential-One A, Residential-One B, Residential-One C or Residential Two zone." be changed to "of a single family (one unit) dwellin~ or a two-family (two unit duplex unit) dwell ng in pr8viouslv subdivided areas whether said sub- division is a plat of record or legally subdivided by operation of law." Motion was seconded bV Alderman Donaldson. The following communts were made Alderman CavBrra - That t~e amended #l43 would give relief to the indiv- idual property owner but wnuld cuntinue controls for additional str8ets and internal acces roads. Alderman Howard - ~t did not provide relief for existing commercial. Alderman Cavarra - The Ordinance applies only to land with no main build- ings and commercial areas have buildings on them. Kenneth Alley - That he recommended a "nay" vote on #143, that it didn't give the desired relief, that 2 department heads had recommended repeal of #130 and that i-! leJaS '1lorse to ammend 1 law with two more than to repeal #l30 and amend #98. Harry Boorman - That previous discussions had v8rifi8d that only impact of #l3o was relative 0 park dedication. MINUTES - November 2[\, 1973 - Continued - B - Mayor Anderson noted that two sealed votas had been left by Al~erman Abramson and that the only vote he would accept was one on an lssue directly before the Council. He said he might not open either one bec- ause they might not be on the issues. Then decided to open them to see if they applied. They were not read aloud. Questiun ldaB callerl on the iJmendment to #l43 and motion to amend passed 4-l. Alderman Pepe voted "nay". Motion by ~lderman Uonaldson be adopted on first readinq and seconded by Alderman Cavarra. "I move that Ordinance #l43, as amended be published and posted." Motion was Alderman Pepe said a planning director was about to begin and with the problems Ordinance #130 had created the~e was no reason to put Ordinance #l43 throuqh. Alderman Cavarra said it minht takl1 six munths for a Planning Director to become acclimated. Question was calle!1 And motion to ,dopt Ordinance #143 passed 3-2. Ald- ermen Pepe and Hul e\/ vot'lr:j "naif". The chair ruled that the written votes of Alderman f\bramson were "not directly related to the matter at hand" and would not be CBe1t. He later stated that the ordin<'1nce needed to pass by a vote of the ma40rity of the Council, not just those present and that the vote of 3-2 was not sufficient to pass the motion. Ordinance # 139 (p8rtaininl~ to the repeal of Ordinance #130) was di.scussed. It was determined Ghat it had been read on first reading and tabled. No action was taken. Information pertaining to Video Tape Equipment for the Police Department was presented to Council by Corporal Dennis Wetmore. Both black and white and color equipment was displayed. Bids had been received from CEAVCO Audio Visual, Concord Communications and Davis Audio Visual. Mr Wetmore stated items to be considered were 1. Color as ooposed to black and white. 2. Adaptability to use in field surveillance. 3. Adaptability to night use. 4. Time required in conversion. 5. Expense involved in chanqing tubes. 5. The need tn have equipment available-noting that Fire Department equipment which is now used is not always available. He recommended tha~ equipment be purchased for ~he Police Department and stated that the eqJipment available from Concord Communications was the most desirablR. Motion by AldRrman Donaldson "I move that the treasurer be authorized to purchase video tape equipment and supplies from Concord Communications at a totCll cost not to exceed $2036. 70 charged c3S follows 421.B2-$3l.78 and 42l.B4 - ffi2004.9~.'' Motion was seconded by Alderman Hulsey. Alderman Howard st~ted that Council was losing siqht of the procedures, of the purchasinq policy and the purpose of it. Also that the spec. sheet was l1Jri tten up and it luas met by all three and Council was compelled to utilize the bid by Davis even though the Police Department wanted the equipment from Concord. Question was called 3nd motion passed 4-1. Alderman Howard voted "nay". Mayor Ander on stated he Idould review the purchasim] manual andif this action proved to be improper he would not sign it. Ordinance #145 (pertaininQ to establishing the pay of the City Clerk at $771 per month for 1974) was introduced by Alderman Donaldson and read. Motion by lderman Donaldson "I on first reading and be published Alderman Cavarra and passed 4-2. move that Ordinance #145 ~nd posted." Motion was Iderm&11 Pepe and Howard be approved seconded bV voted "nay". MINUTES - November 20, 1973 - Continued - g - Alderman Abramson's written vote which was stapled to a copy of the Ordi- nance was read by MaVor ~n~8rson. The v~te is attached to the minutes. Alderman HOlJard ra sRd a "point [Jf order" as to whether or not an alder- man could vote-on cioIl1ething-pven if he m,'f[rle it clear whdt he I Wi:jS voting on, if he's not present. That on zoning cases, a person had heard the case but he questioned Ilhather it was leqal and lor proper to have a written vote on an Urdinance. Mayor Anderson stnte~ th8t leaving a written vote was saying a person had made up his mind hefore he had heard the evidence because reading of an ordinance LLias a hearinCl on an orrJinance. He said he did not know whether or not it Ida" proper but that Council had the power to set up rules of prncedure Motion by Alderman Donaldson acknowledged. "I mova we adjourn." The motion was not Motion by Ald8rman HllIsey "I mOVR that a relinquishment agreement ~etween the City o~ Wheat Ridge and both Valley Water District and Fruit- dale Sanitation District in regard to lines in Fruitdale Vista Subdivision) be approved." Motion was seconded by AldBrman Howard and passed 5-0. A copy of the agreement is filed in the General File under ~elinquishment Agreements" with cross reference under "WBter District-Valley" and "Sani- tation District-Fruitdale". Meeting was adiourne~ at I? IS a.m. ~~)/1~ City Clerk APPR9VED I /1~~1/73 em""" I, , " I / . " , I' I I t )- , !, ~."r \ I t "- , (' ,