HomeMy WebLinkAbout04/09/2007
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
ADril 9. 2007
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF March 26. 2007
PROCLAMATIONS AND CEREMONIES
Arbor Day Proclamation
Recognition of WRHS Football Team 4A State Champs
Metro Mayors Youth Awards
CITIZENS' RIGHT TO SPEAK
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2. Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING.
Item 1.
A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR THE
STRUCTURE LOCATED ON PROPERTY ZONED COMMERCIAL-ONE
(C-1) AT 9201 W. 44TH AVENUE (CASE NO. WHL-07-01)
DECISIONS. RESOLUTIONS AND MOTIONS
Item 2.
RESOLUTION 10-2007 -A RESOLUTION DISCLAIMING ANY
INTEREST OF CITY IN LOT 2, INDEPENDENCE BUSINESS PARK
SUBDIVISION, 1ST AMENDMENT, JEFFERSON COUNTY, COLORADO
CITY COUNCIL AGENDA: April 09, 2007
Page -2-
Item 3.
Award ITB-07-18 2007 Overlay Project in the Total Amount of
$712,675.59
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MA rrERS
ADJOURNMENT
Iltrf__
CITY OF WHEAT RIDGE, COLORADO
March 26. 2007
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council members
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy
Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community
Development, Alan White; staff; and interested citizens.
APPROVAL OF MINUTES OF Februarv 26. 2007
Motion by Council Member Sang to approve the Minutes of February 26, 2007; seconded by
Council Member Womble. Council Member Berry asked to change the term appointment date
noted in the minutes for the District I Planning Commission appointment of Davis Reinhart;
appointment date correction of 4/1/07. Motion carried 8-0.
CITIZENS' RIGHT TO SPEAK
Aaron Cordova from Jefferson Center for Mental Health, informed the City of the four
office locations in Wheat Ridge and spoke of the Physical and Mental services provided.
APPROVAL OF AGENDA
Motion by Council Member Schulz to add to the agenda Item #5: Board & Commission
Appointments; seconded by Council Member Sang; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING,
Item 1.
PUBLIC HEARING ON RESOLUTION 06-2007 - A RESOLUTION
ADOPTING THE WADSWORTH CORRIDOR SUBAREA PLAN.
(CASE NO. WPA-06-03) (Continued from February 12, 2007)
Mayor DiTullio opened the public hearing.
Resolution 06-2007 was introduced by Council Member Stites, who read the Executive
Summary.
Jeff Winston of Winston Associates shared a PowerPoint presentation outlining his
arguments for adoption of the Plan.
CITY COUNCIL MINUTES: March 26, 2007
Page -2-
Alan White presented a staff summary of points in support of the proposed Plan.
Mayor DiTullio called for a break at 8:02 p.m.; resuming at 8:12 p.m.
The following 21 speakers were present and spoke in opposition to the resolution:
Wheat Ridge residents and business owners, Debbie Fidrich, Bruce Martinsen,
Louise Turner, Shirley Walker, Patricia Fisher, Tom Slattery, Howard Gerelick,
Kent Davis, Larry Merkl, Phil Plummer, David Ohmart, Claudia Worth, Janelle
Shaver, Marty Skjordahl, Jed Lemmons, Susie Seeds, Nancy Snow, Roger
Loecher, Nikolas Loecher, Bridgette Skjordahl and Virginia Tomko.
Their comments included, but were not limited to:
· No attempt has been made to identify and quantify impacts to residents and
businesses within the subarea.
· The effort to notify and involve the public in general and the residents and
businesses affected by the Plan were inadequate.
· The little information that residents and business owners have received or heard
never mention that it will bring in large, high-rise apartment buildings.
· Planning Commission members voted this down because it was ill-conceived.
Council is urged to read the minutes.
· The plan explicitly states that the City should acquire lots and condemn as
necessary. This affects many of the residences all the way down to Teller Street.
· Remove all language that mentions changing the Charter with respect to density
and height restrictions or property condemnation.
· Homes affected by this Plan, especially those potentially open to condemnation,
will lose their value.
· The result of this plan is in direct contradiction to NRS recommendations: Wheat
Ridge has too many rentals, as stated in the NRS and as residents have said for
over 30 years. This calls for high-density rezoning and development, which will
eventually bring an increase of rentals.
· Denver has shown in several recent articles that all the areas in its City that are
similar to the design of this plan, have few to no children; the NRS study calls for
changes that generate Strong Households, which includes families with children.
· Council Members are encouraged to drive through Arvada Center and ask
themselves whether they'd want to live there, raise children there and whether it
is truly what they'd want in Wheat Ridge.
· Twelve-foot sidewalks are not needed, they don't actually bring more people and
aren't necessary to handle the volume of pedestrians that will need to use these
sidewalks.
CITY COUNCIL MINUTES: March 26, 2007
Page -3-
. The neighborhood meetings where participants were asked which plan option
they would prefer were given documents that showed beautiful pictures only of
the plan option that Winston Associates wanted, which greatly skewed the
participants impressions of the options.
. This plan is very much like Arvada's downtown plan, which eliminated necessary
parking, created a serious hindrance to business viability and residences there
are now having difficulty selling.
. The plan brings in the same high-paced, high-density living that is present in the
downtown area of Denver. Residents of Wheat Ridge like the slower pace
identity of the City and do not want that changed.
. There needs to be as much focus on the "vision" the residents of Wheat Ridge
have as the Council has put on the vision for business and tax revenue
improvements; Council owes this to its residents.
. Such drastic changes should be done only based on citizen demand, of which
there was none.
· The expansion that CDOT will propose is unlikely to be any more than one lane
on each side, not all the extra lanes and developments.
. Under this Plan, no consideration was given to Federallntermodal Surface
Transportation Efficiency Act - ISTEA, the intent of which is to allow communities
to adopt plans that can restrain adverse impact on the community and demand
mitigation of those impacts when federal funds are used for roadway
improvements. The present proposals invite CDOT to adversely impact the
corridor by providing a 150-162 foot right of way that will not fit in the existing
urban fabric.
· All that is required by CDOT for a six-lane roadway is 132 feet - why not adopt a
plan with a roadway of 132 feet.
· A recent article from DRCOG listing the top most-congested areas in the Metro
area does not mention the Wadsworth corridor.
· This plan is detrimental to the customer/vehicle access to the existing stores on
Wadsworth.
· Business owners cannot and do not want to give up any more of the area they
currently have.
· The roadway design in the Plan makes a bypass through Wheat Ridge, and right
by all the businesses, which is why Arvada and Lakewood want this plan.
· If properties are condemned because of this plan, the City should buy these
properties at their current value, rather than the value they will have once they
are condemned.
· Other cities that have had these similar problem areas have adopted plans that
preserve the characteristics and value of the neighborhoods - and residents and
business owners are very happy.
CITY COUNCIL MINUTES: March 26, 2007
Page -4-
. The town center already has a roadway providing off-highway access and the
parking there is already busy and heavily used; it's a good thing and this messes
it all up.
. Every roadway widening in the City's history has resulted in lower property
values along its corridor.
. The plan calls for help to business in the area, but it should be to support the
existing businesses, not to wipe them out.
. Increased density means increased crime and needed services, which means
more needed Police, Fire, Sewer, Water and other services. The plan hasn't
addressed this impact and compared it to its benefits.
· No one would fault Council if it voted to postpone adoption of this plan to give it
the additional attention and study it deserves.
The following speakers were present and spoke in support of the resolution:
Wheat Ridge residents and business owners, Brian DeLaet, Denise Waddell, Fran
Langdon, Tracy Langworthy, Ryan Fisher, Britta Fisher, Katie Thorshein, Terrell
Williams, Tom Abbott, Curt Gilmore, Thomas Ripp, Davis Reinhart, Gretchen
Cerveny, and Kim Calomino.
Their comments included, but were not limited to:
· The Plan creates a "plan" for the vision of the city.
· This Plan is a "community plan"; the result of the input of large numbers of
citizens from different perspectives. If this is not passed, it says community
members aren't valued.
· To vote this down would throwaway over $100k invested in the study and stop
the process of devising a plan.
· The current condition of Wadsworth presents a negative image. This plan makes
for a welcoming 'front-door" presentation of the City of Wheat Ridge.
· This is not a plan to widen Wadsworth.
· The Plan will provide predictability as well as flexibility to investors and business
owners, which adds value. .
· This plan expands Right-of-Way and build-able area by reducing setbacks,
creating a more attractive community.
· CDOT will be widening Wadsworth because of increasing traffic. This Plan gives
Wheat Ridge the power to negotiate with CDOT when they approach the area for
widening and improvements.
CITY COUNCIL MINUTES: March 26, 2007
Page -5-
. City Staff and consultants met with hundreds of residents and business owners
to get input into devising this Plan.
. The plan provides for safe traffic flow, while providing a vision for commercial
development and a Multi-use residential area that acts as a buffer to the
neighboring lower-density residential areas.
. The City needs some high-density commercial development in the City that will
attract people to spend their money there.
. This is a plan for the future - it will provide for guidance in a change process that
will take many years.
. The plan provides for the needs identified in the NRS.
· The current roadway is too dangerous for pedestrian-based retail. This plan
provides a welcoming design for pedestrian and vehicle retail that is safe.
· Sidewalks next to the roadway are known as snow-throw zones and should be
placed away from the roadway, as this plan does.
· This plan does address the needs of the type of pedestrians who already visit the
businesses in this area.
· This plan could make Wheat Ridge one of the most progressive areas in the
Denver area.
· The plan calls for future citizen involvement and future engineering study, which
the opposition says is the reason it should be voted down; but this is the first step
in the process.
· This plan sends the message that Wheat Ridge is a city that welcomes
newcomers and businesses.
· One resident, as a Civil Engineer and Planner of 25 years and participant in the
development plan for the Lowry area, says no plan he ever worked on of this
type ever negatively affected property values.
· Wadsworth divides the City in half - this plan makes it friendly for pedestrians
and would remove this division.
Mayor DiTullio called for a break at 9:36 p.m., resuming at 9:46 p.m.
At the request of Mayor DiTullio, Mr. Dahl reported that because a public hearing wasn't
held for the adoption of the Wadsworth Corridor Plan as part of the Comprehensive
Plan in 1999, which is required by law, its adoption at that time, as part of the
Comprehensive Plan, does not stand.
Council Member Gokey expressed his support for this plan, but that the width proposed
is not necessary.
CITY COUNCIL MINUTES: March 26, 2007
Page -6-
Council Member Berry read into the record an e-mail sent to her by a resident in support
of the Plan. Council Member Berry further asked Mr. White to expound on the means
and manner used to inform and involve residents of the public meetings and hearings
on the Plan when the study began.
Council Member Womble stated his opposition to this plan because of the lack of
discussion amongst the affected residents and business owners.
Council Member Adams asked Mr. White whether the Council came to consensus to
support the current plan during the July Study Session when Council first heard the
Plan.
Mayor DiTullio closed the public hearing
Motion by Council Member Stites to:
1. Endorse the goals, land use concepts, urban design
recommendations, and implementation steps of the proposed plan.
2. Delete any text references to 162 feet of right of way and frontage
roads and to modify all maps and illustrations to delete depictions of
the same.
3. Conduct further study of the right-of-way needed to widen Wadsworth,
to:
a. Assess whether the right-of-way should be 150 feet or less.
b. Complement the general planning goals of the proposed draft
plan.
4. Modify the current draft of the Plan to incorporate the above changes.
Staff shall schedule a public hearing to adopt the modified Plan no
later than September 26,2007.
5. Allocate funding for the additional study requested and for the
additional work to be performed to modify the plan and prepare a new
draft. The allocation of additional funding shall be considered through
a budget amendment request at a later date.
Seconded by Council Member Gokey.
CITY COUNCIL MINUTES: March 26, 2007
Page -7-
Motion by Council Member Berry to amend the previous motion as follows:
1. Endorse the goals, land use concepts, urban design
recommendations, and implementation steps of the proposed plan.
2-:- Strike out QeIet: 3FlY text referonces to 1 a~ foot of ri3ht of '.\"3y and
fF~n~,ago ro3ds an~ r:1odify all m::rac ar::= iII:..:s~:-::tions to dolote
depictions of ths sa:ll&:
J.:. Conduct further study of the right-of-way needed to widen Wadsworth,
Strike out ~
a. ".A.ssess '....hether the right of 'IK1Y should be 150 foot or Iscs-.
b. Complomont tho gsnsral ;:Ianning goals of the proposod draft ~an;
And Insert "including but not limited to detailed road design studies
to assess the feasibility of the Multi-Way Boulevard and refine and
finalize design concepts for intersections. Public input shall be
gathered during all phases of the design process. Before October
23,2007, the final design concept shall be brought before the
Planning Commission and City Council for ratification and inclusion
into the subarea plan.
4. Strike out "Modify the 8~rrant draft of thg plan to incorporats ~h9
abovo 8hc:n~.. ~~aff shall scheduls a ;:~blic hoaring to adopt the
modified plc:n no later tl='r::n ~aptembsr ~a, ~9Q7.; and Insert "Before
October 23,2007, a public hearing shall be held to consider adoption
of an overlay zone district that establishes structure "build to" lines."
5. Allocate funding for the additional Strike out "study requoste~ c:n9-tRe
additional work to be perf~rr:1ad to modify the plan c:n9-i*sf:m:~ e: :19W
GFaft. The allocation of addition31 fundina shall =9 considerod through
a =~st amendmer.t :-aqY:S~ c:~ :: la~9r d3te." and Insert "Multi-Way
Boulevard and intersection study. Up to $40,000 shall be allocated for
the study. The study shall be completed no later than September 1 ,
2007."
6. Insert 'Within 30 days of city council approval of the final design
concept, the city shall consider, at a public hearing, adoption of an Art
in Public Places ordinance for the area within the Wadsworth Subarea
Plan. The ordinance shall designate one percent of the City's and
State of Colorado's capital construction projects of $50,000 or more for
the purchase of public art and the promotion of cultural events."
Amendment seconded by Council Member Adams.
CITY COUNCIL MINUTES: March 26, 2007
Page -8-
Motion by Council Member Sang to extend meeting past 11 p.m.; seconded by Council
Member Schulz; carried 7-1, with Council Member Gokey voting No.
Council Member Berry Called for the Question on the Amendment; seconded by
Council Member Rotola; carried 8-0.
Amendment tied 4-4 with Council Members Womble, Gokey, Sang and Stites voting No;
Council Members Schulz, Rotola, Adams and Berry voting Yes; Mayor DiTullio broke
the tie by voting yes. Motion carried 5-4.
Oriainal Motion, as amended, tied 4-4 with Council Members Womble, Gokey, Sang
and Stites voting No; Council Members Berry, Adams, Rotola and Schulz voting Yes;
Mayor DiTullio broke the tie by voting yes. Motion carried 5-4.
Mayor DiTullio called for a break at 11: 15 p.m., resuming at 11 :24 p.m.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2.
APPROVAL OF THE ANNUAL RENEWAL FOR THE COMPUTER AIDED
DISPATCH AND RECORDS MANAGEMENT SYSTEM IN THE AMOUNT
OF $55,135.00.
Item 2 was introduced by Council Member Womble, who read the Executive Summary.
Motion by Council Member Womble to approve the annual support and licensing
renewal for the Computer Aided Dispatch and Records Management System in the
amount of $55,135.00 to Logisys; seconded by Council Member Schulz; carried 7-1,
with Council Member Gokey voting No.
Item 3.
AWARD ITB-07-17 2007 SLURRY SEAL PROJECT IN THE AMOUNT OF
$302,108.41.
Item 3 was introduced by Council Member Gokey, who read the Executive Summary.
Motion by Council Member Gokey to award ITB-07-17, 2007 Slurry Seal Project, to
Quality resurfacing of Henderson, Colorado in the amount of $302,108.41. I further
move that a contingency amount of $30,210.84 be approved; seconded by Council
Member Sang.
CITY COUNCIL MINUTES: March 26, 2007
Page -9-
Motion by Council Member Berry to amend the Motion and add that the Director of
Public Works be authorized to issue change orders up to a total contract and
contingency amount of $332,319.25. I further move that all costs associated with this
contract be paid from Acct. No. 30-303-800-884, and that these funds be encumbered
for the length of the project in accordance with Ordinance 787, 1989 Series; seconded
by Council Member Rotola; carried 6-2, with Council Members Womble and Gokey
voting No.
Original Motion as amended carried 7-1, with Council Member Gokey voting No.
Item 4.
APPROVAL OF A CONTRIBUTION TO WHEAT RIDGE 2020 (WR2020)
IN THE AMOUNT OF $1,500,000 FOR THE PURPOSE OF
IMPLEMENTING THE VISION AND MISSION OF THE CITY COUNCIL
AS OUTLINED IN THE NEIGHBORHOOD REVITALIZATION
STRATEGY.
Item 4 was introduced by Council Member Adams, who read the executive summary.
Motion by Council Member Adams to approve a contribution to Wheat Ridge 2020 in the
amount of $1 ,500,000 for the purpose of implementing the vision and mission of the City
Council as outlined in the Neighborhood Revitalization Strategy; seconded by Mr.
Schulz; carried 8-0.
Citizens present were Gretchen Cerveny and WR2020 Director, Rob Osborn who
spoke in favor of the Motion.
Item 5.
BOARD & COMMISSION APPOINTMENTS.
Motion by Council MemberBerry to appoint:
Alan Bucknam to Board of Adjustment, representing District I; term to expire 3/02/09;
seconded by Mrs. Rotola; carried 8-0.
Motion by Council Member Sang to appoint:
Jennifer Snow to Parks & Recreation Commission, representing District II; term to
expire 3/02/08; seconded by Council Member Gokey; carried 8-0.
Motion by Council Member Schulz to appoint:
Lynne Moyer to Animal Welfare & Control Commission, representing District IV;
term to expire 3/02/10; seconded by Council Member Rotola; carried 8-0.
CITY COUNCIL MINUTES: March 26, 2007
Page -10-
Motion by Council Member Stites to hold an Executive Session for a conference with
the City Attorney and appropriate staff under Charter Section 5. 7 (b) (1) and C.R.S. 24-
6-402 (4) (B) regarding advice on pending litigation: IBC lawsuit; I further move to
adjourn the Council Meeting upon the completion of the Executive Session; seconded
by Council Member Womble; carried 8-0.
Meeting adjourned at 11 :50p.m.
J/JtI~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON APRIL 9, 2007 BY A VOTE OF to
Mike Stites, Mayor pro tern
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
ITEM NO: /,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 9, 2007
TITLE:
A REQUEST FOR HISTORICAL LANDMARK DESIGNATION
FOR THE STRUCTURE LOCATED ON PROPERTY ZONED
COMMERCIAL-ONE (C-1) AT 9201 W. 44TH AVENUE
(CASE NO. WHL-07-01)
[gI PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING
o ORDINANCES FOR 2ND READING
Quasi-Judicial: [gI
~iiL
o
No
Community Development Director
(-1<Lj. '-- C~ _
City ~ag~,f'~ \
EXECUTIVE SUMMARY:
Patricia Anderson, in conjunction with Dara Stillman (property owner), is requesting historic
landmark designation on the structure located at 9201 W, 44th Avenue. The property is zoned
Commercial-One, and the structure is currently being utilized as an office.
The application is filed for the building as it embodies distinguishing characteristics of an
architectural type, period, style or method of construction, it is identified with historic persons and
it is identified with important events in national, state or local history.
The property owner is a party to application and is aware of the conditions under which the
landmark designation is granted; that upon designation, it is unlawful to demolish, destroy or
undertake any major change to structures unless and until a landmark alteration permit is issued.
The Wheat Ridge Historical Society recommended approval ofthe historical landmark designation at a
public hearing held on February 13,2007.
This request impacts or is related to Goal 3 of the Strategic Plan relating to creating a strong
partnership between the city, the community and the region.
If the designation is approved at public hearing, an ordinance will be brought forward to finalize
the action.
COMMISSION/BOARD RECOMMENDATION:.
The Wheat Ridge Historical Society reviewed this request at a public hearing held on February 13,
2007. A motion to recommend approval of designation of the structure was made with all present
Board of Directors supporting the motion.
STATEMENT OF THE ISSUES:
There are no outstanding issues.
ALTERNATIVES CONSIDERED:
1. Approve the landmark designation.
2. Do not approve the landmark designation.
FINANCIAL IMPACT:
There are no review fees collected for the processing of this application. There will be no direct
monetary impact to the City if the request is approved.
RECOMMENDED MOTIONS:
Option A:
"I move to APPROVE Case No. WHL-07-01, a nomination for historic landmark designation for
the building located at 9201 W. 44thth Avenue, for the following reasons:
1. The property owners concur with and are a party to the application.
2. There has been information submitted that discloses the history of the family patriarch
who originally owned the property and was prominent in settling the Wheat
Ridge/ Arvada area.
3. John Juchem contributed significantly to the historic built, social and economic
environment in the late 1800's and early 1900's.
4. The structure embodies distinguishing characteristics of an architectural type
constructed in the Denver metropolitan area in the early 1900's.
5. The Wheat Ridge Historical Society Board of Directors has recommended approval of
the designation."
OR
Option B:
2
"I move to DENY Case No. WHL-07-01, a nomination for historic landmark designation for the
building located at 9201 W. 44thth A venue, for the following reasons:
1.
2.
3."
Report Prepared by: Meredith Reckert (303-235-2848)
Reviewed by: Alan White
Attachments:
1. City Council staff report (with exhibits)
Request for City Council Action-rep0l1 fonn
3
CITY OF WHEAT RIDGE
PLANNING DMSION STAFF REPORT
TO: City Council
CASE MANAGER: M. Reckert
CASE NO. & NAME: WHL-07-01/AndersonlStillman
DATE OF MEETING: April 9, 2007
ACTION REQUESTED: Approval of a Historical Landmark Designation for a structure located
on C-l zoned property
LOCATION OF REQUEST:
9201 W. 44th Avenue
APPLICANTS:
Patricia Anderson
Farmington, NM
Dara Stillman for
Western States Clinical Research
Wheat Ridge, CO
APPROXIMATE AREA: .55 acre of property area
PRESENT ZONING: C-l, Commercial-One
ENTER INTO RECORD:
o COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
o SUBDIVISION REGULATIONS
(X) CASE FILE
(X) DIGITAL PRESENTATION
Location map
SITE
Case No. WHL-07-0 1/ Anderson/Stillmar
1
ATTACHMENT 1
All notification and posting requirements have been met; therefore, there is jurisdiction to make a
determination regarding this request.
I. REQUEST
The applicant requests approval of a historical landmark designation for a structure located on
property zoned C-I, Commercial-One, at 9201 W. 44th Avenue. The applicant is Patricia Anderson in
conjunction with Dara Stillman with Western States Clinical Research Inc. Pursuant to Section 26-905
C., an application for historic designation may be submitted by the property owner, a member of the
Wheat Ridge Historical Society Board of Directors or by a member of City Council. Patricia
Anderson is the granddaughter of the original builder and grew up on the property. Dara Stillman is
one of the property owners. (Exhibit 1, Designation Nomination Form with attachments)
The application is filed for the building as it embodies distinguishing characteristics of an architectural
type, period, style or method of construction, it is identified with historic persons and it is identified
with important events in national, state or local history.
The property owner concurs with the designation nomination, has not filed a formal objection and is
party to the application. The property owner is also aware of the conditions under which the landmark
designation is granted; that upon designation, it is unlawful to demolish, destroy or undertake any
major change to structures unless and until a landmark alteration permit is issued.
II. EXISTING CONDITIONS
Site conditions: The property in question is zoned Commercial-One, is comprised of .55 acres ofland
area (120' x 200') and has street frontages on two sides; W. 44th Avenue on the south and Garrison
Street on the east.
There is one primary structure on the property with a footprint of2500 s.f. The structure is a story and
a half in height and was built in 1900 as a private residence. It is of brick construction with a wide
porch across the front wrapping partially around the east side. It is constructed in the "craftsman
bungalow" style with square porch columns and gabled dormer windows. Many of the features of the
structure's interior have been retained including the woodwork, elaborate built-in cabinetry and
original light fixtures. The architect and builder are unknown.
Existing access to the site is by two curb cuts; one each on W. 44th Avenue and Garrison Street.
Parking is provided on the north, east and south sides of the structure.
Use of the property: The property is currently being used as an office by Western Clinical Research,
Inc. (property owners). It is unclear when the property became commercialized; however, it appears
that it has been utilized commercially for quite sometime. The prior user was as a group home
(Alternative Homes for Youth) who bought the property in 1996. In 2003, the current property owners
purchased the property.
Adjacent zoning and land use: The property is surrounded on all sides by Commercial- One zoning.
Corresponding land use includes auto repair facilities on the north and west, strip retail to the east and
a retail bread store to the south.
III. HISTORIC SIGNIFICANCE
Case No.WHL-07-01/ Anderson/Stillman
2
The property is significant as it is associated with John Juchem, one ofthe first settlers in the Wheat
Ridge/ Arvada area, having emigrated from Germany to the United States in 1858. His eventual
holdings included over 400 acres ofland bounded by Kipling on the west, Garrison on the east, W.
44th Avenue on the south and approximately 56th Avenue on the north. Mr. Juchem raised crops, built
ditches and acquired one of the first water rights in the area. He name is associated with Juchem Ditch
and Juchem Garden Place Subdivision which was platted in 1890 and is recorded with Jefferson
County in Book 2, Page 1. (Exhibit 2, Juchem Garden Place Subdivision) The Arvada Cemetery
was built on land donated by John Juchem in 1862.
John Juchem gave his daughter Mary Ann (Fishburn) the property on which the present building
stands.
IV. HISTORIC DESIGNATION CRITERIA
City Council may designate historic landmarks in the City with testimony and evidence presented at
the public hearing and the following evaluation criteria:
1. Whether the property owner will retain the ability to earn a reasonable return on the
property which is the subject of the application; and,
Staff believes that a reasonable return on the property can be made if the structure is designated as a
landmark. The property is currently used as an office and this use may continue if the designation is
granted. The property owner is also aware of the limitations of the modification of a designated
structure. Because only the structure would be designated a landmark and not the entire property,
other site improvements could occur without affecting the status.
2. Whether the structure exemplifies or reflects the broad cultural, political, economic or
social history of the nation, state or community; or
The structure is an example of a type of residential housing (craftsman bungalow) common in the
early 1900's. While it may not reflect cultural or political history of the state or nation, it is
associated with John Juchem who contributed significantly to the historic built, social and economic
environment in the late 1800's and early 1900's.
3. Whether the structure is identified with historic persons or with important events in
national, state or local history; or
John Juchem, original property owner, was one of the original settlers in the Wheat Ridge/Arvada
area.
4. Whether the structure embodies distinguishing characteristics of an architectural type
inherently valuable for the study of a period, style, method of construction or of
indigenous materials or craftsmanship; or
The architect and builder of the structure are unknown; however, it may be argued that the structure
embodies distinguishing characteristics of an architectural type constructed in the Denver
metropolitan area in the early 1900's.
Case No.WHL-07 -01/ Anderson/Stillman
3
5. Whether the structure is representative of the notable work of a master builder,
designer or architect whose individual ability has been recognized; or
No evidence has been presented which identifies that the structure was the work of a master builder,
designer or architect of the era.
6. Is recommended as an historic landmark by the Wheat Ridge Historical Society board
of directors.
On February 13,2007, the attending members of the Wheat Ridge Historical Society Board of
Directors recommended approval to designate the building as a local historical landmark. (Exhibit
3, WRHS letter)
IV. STAFF RECOMMENDATION/FINDINGS OF FACT
Staff has concluded that the historic landmark designation criteria support designation of the
structure as historic for the following reasons;
1. The property owners concur with and are a party to the application.
2. There has been information submitted that discloses the history of the family patriarch who
originally owned the property and was prominent in settling the Wheat Ridge/ Arvada area.
3. John Juchem contributed significantly to the historic built, social and economic
environment in the late 1800's and early 1900's.
4. The structure embodies distinguishing characteristics of an architectural type constructed in
the Denver metropolitan area in the early 1900's.
5. The Wheat Ridge Historical Society Board of Directors has recommended approval of the
designation.
V. RECOMMENDED MOTIONS:
Option A:
"1 move to APPROVE Case No. WHL-07 -01, a nomination for historic landmark designation for
the building located at 9201 W. 44thth Avenue, for the following reasons:
1. The property owners concur with and are a party to the application.
2. There has been information submitted that discloses the history of the family patriarch who
originally owned the property and was prominent in settling the Wheat Ridge/ Arvada area.
3. John Juchem contributed significantly to the historic built, social and economic
environment in the late 1800's and early 1900's.
4. The structure embodies distinguishing characteristics of an architectural type constructed in
the Denver metropolitan area in the early 1900's.
5. The Wheat Ridge Historical Society Board of Directors has recommended approval ofthe
designation. "
OR
Option B:
Case No.WHL-07-01lAnderson/Stillman
4
"I move to DENY Case No. WHL-07 -0 l, a nomination for historic landmark designation for the
building located at 9201 W. 44thth Avenue, for the following reasons:
1.
2.
3."
Case No,WHL-07-01/Anderson/Stillman
5
Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
-....... ..-=
, " ^
. - . '.
=i.. .. . .'(.~,,_. : :;~. >,.i:1 . - "',w;
Date determined "eligible"
Ordinance #
Date Recorded
LOCAL HISTORIC LANDMARK DESIGNATION NOMINATION FORM
Please type/print and complete all entries.
Date: Novems"?"" ')1). Ofoa
_I
Address: g :;> 0 1 We s r 44 r h
Legal Description:
WhPHrrirlgp. ~nlorHrlo 800??
~()m'p.J ph" sllrvpy i'lnrl rlp.s~ri~ pnr10sPr'!
in this prpspnrMrinn
Property Name (Historic and/or common):
_~".I.1J
Name/Title: PA'T'R T~T A 14_ ANnRRS()N
~
;1"
Address:
1600 Cliffside Drive Unit # 178 Farminaton NM
Phone: (", n ",) '":( ? c; ? Q ALl.
Signature of APPlicant&a
Subscribed and sworn to me this~
(
Relationship to Owner: ArC] 11 rl ; n t rl n r 0
~
3ay of/JdM(~/JzOt2~ ,
/ ;!7}~a~ {l~
Notar~ublic (/ /1L A
My commission expir~/q O?~"t'
.I
~:P~~I J111U; . Phone:~}P,~ - 'L~IJ ~ tv ~
Address: bf}t()1t' q UJ L1:J) I 4tffh flp/,Yl.LYf'~
/AJh~~f/ W tltJ,??3
D1ltt(;r- 1J W J1 ~ CL-Y! .'" 'j J. f/'j.J-- J~otj fj
Owner Does.
.. consent to desi~nation.
Signature of Owner ~ ~ate
I - ;; --2) 7
,
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,It '.. ;l:lW...%'~.,.Jt ill.
" L.....,,'.. "JIIII <<.....&.....1"""
Cate~orv: OwnershiD:
)r Building 0 Public
o Structure ~Private
o Site
o Object
Status:
I8J Occupied
o Unoccupied
Present Use:
I!!f Commercial 0 Entertainment
o Educational 0 Government
o Religious 0 Other:
y=-en~l kd-
l/VJ~t/f~~
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EXHIBIT 1
Existinl!: Desil!:nation:
o National Register
o State Register
~_..-
, ','
. ,..
- ..~ ^ v ,.o.~'~".,~,_. ~. \r;<:.". 0<',
Architectural:
~ ......trRepresents notable work of master builder, designer or architect
Jij'Embodies distinguishing characteristics of an architectural type, period, style or method of construction
o Embodies distinguishing characteristics of indigenous materials or craftsmanship
Historical.:
. Identified with historic persons
ir Identified with important events in national, state or local history
Other:
o Exemplifies or reflects cultural, economic or social history of the nation
o Recommend as historic landmark by Wheat Ridge Historical Society
Further Comments: Information enclosed in this presentation
(Add a separate sheet of paper if needed.)
:t.....:iim .~!W.il!t~'hWMlli5lli\'iliiiWi\iB,~..
.._d_~tf~~~~1
Please attach a narrative of the historical significance of the property. Include a title search if the property is
important for its association with a significant person.
Further Comments:
Tnfnuni'ltinn Plli:...1n,c;pn in thjs prp.spotation
~~_mll';""B}5r'TftYfti!J!i,,*am\i~~~_'*\m'\t"f
.~>>~_~~_~liB~.~~~~DIiif~_
Construction Date: 1 q () () ArchitectlBuilder:
Building Materials:
Architectural Style:
Special Features/Surroundings:
T]~~~ r::T.-.7~
Tnfnrmrlt;nn pnrlnspn In this prpspntrltinn
(Add a separate sheet of paper if needed. Please include photos of each elevation of the structure.)
Describe any additions to the property:
2
-,
_._.~1IIIIIIf_
Information enclosed ~n this presentation
(Add a separate sheet of paper if needed.)
Attach photographs and other documentation which supports historic landmark designation.
Rev. 11/03/05
Note all photographs are enclosed herein
SOURCES OF INFORMATION
,~
v."
f
JEFFERSON COUNTY/ASSESSOR/TKEASURER OFFICES
ARV ADA HISTORICAL SOCIETY
WATERS OF GOLD (Publication)
,
MORE THAN GOLD (Publication)
HELEN MALONEY (Relation)
Letter with history information
BILLIE (JUCHEM) BARTON (Relation)
Photos/information
303 233 6958
3
ACKNOWLEDGEMENT
This journey to present our home in the County's list of Historical
Homes, has been with the kindness and help from all quarters.
Thanks to the Jefferson County Court House Treasurer and Records,
the Arvada Historical Society, Wheatridge Historical Society and to the
hospitality and friendship shown us by the present owners of property.
Maggie Fishburn is my sister-in-law and wife to my late brother John F.
(Jack) Fishburn. She is responsible for putting all the information we
collected into this presentation. I am truly thankful to her for all the
assistance she has given to me in our quest.
P .A.A.
It is with love and great happiness to finally realize a dream I had...
that of getting my childhood home which my grandmother had built
over one hundred years ago, listed as an historical landmark with the
Historical Society of Jefferson County.
Our families lives were entwined with most all of the towns that are
within the County.
My Grandmother, Mary Ann, was born the daughter of Henry John
Juchem, pioneer. She was given the'land by her father where the home
now stands.
My parents John Franklin Fishburn his wife Sadie, my three brothers
and Lwere all raised in the home with my grandparents. It was a great
life. Holidays were the most significant to us because our grandmother
I
especially made them memorable with her fun and lore. We know she
is looking down with happiness, which we give back to her.
"
if~a7t~
STATEMENT OF SIGNIFICANCE
Throughout the Evaluation Form there are several 'significant' persons
and events of historical value.
1. Biography of John Juchem and homestead property. Juchem's
land patent was first one signed by then President Andrew
Johnson.
2. Significance of his generosity to the community in giving land for
the Arvada Cemetary
3. John Juchem dug (using a fork as a spade)what was called the
Consolidated Juchem Ditch and Reservoir Company. He started
near Golden at Clear Creek and down through the valley. This
was the earliest record of water rights in the area since 1861. The
Juchem Ditch is still used today.
4. Garrison St. formerly known as Juchem Lane
5. Property built in 1900 was a 'landmark' garden property for the
community. Famous Pascal celery, raspberries and strawberries
shipped throughout the county and to other states.
6. Section of land plat map called Juchem Garden Subdivision
7. The home is now surrounded by so-called 'progress' along West
44th Avenue and Garrison. However it still stands as a reminder
of the pride, dedication and love John Juchem and his decendants
had for this land and its community.
Jefferson County, Colorado - Place Names Directory
http://ww14.co.jefferson.co.us/archives/search3 .cfm?ps _ oid= 13327.,.
Department Links
Archives & Records
Horne
Juchem Farm
County Links
Jefferson County Horne
Address: W. 52nd Ave. and Garrison St., Arvada
80002
John Juchem, a fifty-niner, built a crude cabin on his 80 acres
of pre-empted land. He continued gardening and purchasing
property until his farm and ranch grew to 400 acres. During the
1860s, he built the family home at West Fifty-second Avenue
and Garrison Street. In the name of progress, he donated land to
the Arvada Cemetery Association, right-of-way for the
Colorado and Southern Railroad, and for the Denver and
Intermountain Tramway Company. In return the Tramway
Company built Juchem Station at Garrison Street and West
Fifty-first Avenue. Produce from the Juchem Farm provided
miners in Central City and Blackhawk with vegetables. John
Juchem, his wife, Anna Woeber, and many descendants are
buried in the Arvada Cemetery.
Quad Map/Date: Arvada, 1950
See/Town/Range: S15, T3S, R69W
Elevation: c. 5350
Source: Personal papers and Juchem family records,
Raymond J. Juchem, grandson; Arvada
Historical Society, "Waters of Gold," pp.
33,34, by Billie (Juchem) Barton,
great -granddaughter.
Other Names: Not Available
See Also: Not Available
Last Modified: Tue, October 10 1995
Copyright @ 2003, Jefferson County, Colorado. All rights reserved,
Send mail to archivist(@,co.iefferson.co.us with questions or comments about this Web site.
Last modified: November 2003 Version: 2,1.0
1 of 1
U/V~006 1:58 PM
HISTORICAL BACKGROUND
JOHN JUCHEM
1862 - John Juchem donated land to the Arvada Cemetary
John Juchem acquired first water rights and completed the Consolidated
Juchem Ditch Reservoir Company near Golden Gust below Arapahoe City. Was
earliest record of water rights in 1861.
Garden farm (known today as the Juchem Garden Subdivision)
Famous Pascal Celery.
ATTACHMENTS
WATERS OF GOLD 1850-1870 Publication
HELEN MALONEY Correspondence to Scot Fishburn
Helen Maloney correspondence
Frederick Wilhelm the IV in 1858 became worried about the crops. There
had been many days without rain. The parched fields, the cloudless skies and
the intense heat were an omen of impending disaster. The King, in his usual
impervious manner, was looking for someone to blame. A small party of sol-
diers was dispatched to the vine-covered home of the Royal Gardener summon-
ing him to the presence of His Highness. Young John Juchem, the gardener,
rode to meet the King, a quarrel ensued and John was fired. He was told he
would be conscripted into the Prussian Army.
That ,night John Juchem packed a few belongings, sent word to his brother,
a mathematics professor at Heidelburg University, and left Prussia in a load
of hay. On reaching the coast he sailed for the United States and headed west
into Kansas Territory. He settled at the confluence of Cherry Creek and the
Platte River. John wasll't interested in gold. He was a gardener by heart and
by trade. He soon found the land he wanted in the Clear Creek valley.
, John Juchem, born in"A1s-ac€-Lorrainc'March';r,--r83T; ..became, by circum-
st~ceaflcfC~ardener iu'tlfe4"",,,, 'vVorld'lIi -1859:'
Using a fork as a spade, Mr. Juchem tilled the soil and raised beans and
(other vegetables. He built a log cabin north of the present Wadsworth Ditch
~ present day Arvada between Garrison and Kipling Streets. ,
Mr. Juchem bought land, built ditches and acquired one of the first water
rights in the area. He dug what is now known ~s the Consolidated,-J~
Ditch and Re~rvoir C~pan-y- .near....Gold~jusnJel~apah:~.ei-ty;--witIrtl1e-
earliestTecofd of water rights dating from 1861. There are also priorities dated
1862 and 1863.
By 1863 Mr. Juchem believed he had accumulated the' necessary assets
to marry. He left for Alsace-Lorraine to
seek a wife. It is not known if he had
anyone in mind. But it is known that he
did not return to Alsace. He journeyed to
St. Joseph, Missouri, where he met and
married Anna Weeber, a relative of the
Woober Carriage people of St. Louis. She
was born in Hesse, Germany, in 1835.
The newlyweds returned to Colorado
Territory. They traveled by covered wag-
on and took six weeks for the trip. To
this union were born five children: Henry;
Anna; Lena (Pauline); Mary; and Flora.
Mr. Juchem continued gardening and
acquiring land. His ranch grew to 400
acres, bounded on the south by West For-
ty-fourth Avenue, on the west by Kipling
Street, on the north by Grandview Ave-
nue and on the east by Garrison Street.
Some of the land was homesteaded and
some was purchased.
Theve were three land patents or
grants. Two were signed by President Andrew Johnson and one by President
Ulysses S. Grant. The first patent signed by Johnson was issued directly to
John Juchem (Guchem) on December 1, 1865.' The second patent was issued
JOHN JUCHEM
33
WatelJiS
of Golld
to Christian Habersaat on July 1, 1868, and the third patent was issued to a
George W. Nelson on Oc\..cuJ>er 10, 1869, and signed by President Grant. Both
properties were purchased by Mr. Juchem. Eighty acres of preempted land
given to Mr. Juchem was recorded in October of 1873. On this land he had
built his first crude log cabin in 1859. During the 1860s he built a large frame
house, in the vicinity of West Fifty-second Avenue and Garrison Street, Ulat be-
came the family home.
In 1862 Mr. Juchem donated land to the Arvada Cemetery. Later the Ar-
vada Cemetery Association purchased the front 10 acres on Independence Street.
He also donated land for the right-of-way of the Colorado and Southern Rail-
road and the Denver and Interurban Tramway to Golden through his property.
Juchem Station, located where Juchem
Lane (now Garrison Street) crossed the
tracks at Cottage Lane (now West Fifty-
first Avenue) was an important stop on
the Tramway line. -
Mr. Juchem was a successful fanner.
His ranch at Juchem Gardens was locally
famous for its produce. He transported
vegetables by horse and wagon to Golden
Gate Canyon, to the "Diggin's" in Greg-
ory Gulch, and in Centr(j.l City and Black-
hawk where he sold potatoes and carrots
for $1.00 a pound.
A clue to the independence of Mr.
Juchem is shown in the following anec-
dote: When he came to America from
Alsace, he was a devout member of the
Roman Catholic Church. He gave gener-
ously to its support. One day in the
1860s, while John was busy in the fields,
ANNA WOEBER JUCHEM Father Machebl;'uf, the first Bishop of
Colorado, rode by and decided to stop.
Mr. Ju~hem didn't like to be disturbed while at work so he was angry at the
start. . ]father Machebeuf wanted money. John had given all he intended at
the time. Father Machebeuf threatened to excommunicate him if he didn't give
more. John replied. to this threat, "You can't excommunicate me, because I
quit." And he did!
:Mr. Juchem died January 24, 1911, and Mrs. Juchem died March 6, 1906.
Both are buried in the Arvada Cemetery.
1850 - 1870
HISTORICAL DATA
LETTER FROM HELEN MALONEY
Helen (Wagner) Maloney was the daughter of Flora (Juchem) and John Wagner.
Her mother was riding in a buggy with her children and on her way from attending
a local Arvada church. Another buggy approached them and its horse reared. The
gentleman in the second buggy was going hunting and the rifle he carried
discharged, killing Mrs.Wagner instantly. Helen and her siblings were raised by
their aunts, Anna and Lena Juchem. It has been stated that the bible Flora was
carrying, which had the bullet hole in it, was kept at the church for some years.
The attached letter was written in 1967 to Scot Fishburn, descendant of Robert Lee
Fishburn:
Dear Soottl
Your great-breat grandfather John Juchem was born in
the Aloa(~e Lorraine district of' GerMO.ny on Mllrch 5, 1831. This
was a sort of buffer bptween France and Germany at that time,
and I believe their was some French blood in the family. As a
young man he was in charge of the Kaiser's gard~ns, and WAS
known as the Royal Gardner. His brother was a professor at
Heidelberg.
About 1858 the crops in Germany wore very bad and he was
called in by the Kaiser and fired. He was told that he would
be consoripted into the Army, so he packed a few belongings
and left Germany in a lo~d of hay. He left at once for the U.S.
.and oame right out to Colorado Territory. This was believed to
be still in 1858.
He first rented 2 acres of ground and spaded it with a fork,
rahed beans and a few other vegetables. HeBuilt a log cabin,
started acquiring land and building ditohes. He started near
Golden at Clear Creek end built what is still known as the
. Consolidated Juchem Ditch and Resevoir Company. The earliest
.water.rights we find a record ~ere 1861. There are also pr.iorities
dated 1862 and 1863. He later helped build th~ Juchem and Ouillette
Ditch for the valley lend. Those rights are dated 1865.
By 1863 he Helt he had acquired enOUGh assets to marry, end
started back toGer~any to acquire a wife. It is not known if he
had anyone in mind. He got as- far as St. Joseph, Mo. and met and
. married Anna Woeber. There was some connection there with the
famous Woeber Cnrriage people of St. Louis. They carne back to
Colorado in a covered waGon, taking six weeks for the trip.
In all he acquired 400 acres, extending from what is now kn~~
as 44th and Garrison to 44th and Kipling, and North to what is now
the Arvada Cemetery. He donated some of i:his ground to the
Cemetery, and later more was sold to the Cemetery Assocle.tion.
He homesteaded some of this 400 acres, end bought some. There are
three land grants on some of this ground. One signed by Andrew
,Johnson, ano two signed by Ulysses S. Grant.
~ Scott, I have some more notes on some of the above informntion .
but I am not sure just what they mean. 6ne says:
John Juchem, Jefferson County, Colorado Territory. Full payment
of' Public Land, l8Z0-Signed "t?Y Andre?r Johnson, Pres. of the U.S2
He apparently acquired this land Dec. 1, 1865.
" Ailother note says Seey, B. Neill. M Vol 1 Pg 69, Geo. W. Nelson,
Secy. of Colorado Territory, and signed by Ulysses S. .Grant,
Dee 10, 1669.
~.
Another note says, Christian Haborsaat, Oct.7, 1873 and
July I, 18G8. I wonder if SF! of theae things could still
be. run dmm in tr,e Court HOlls~ in Golden. lly Uncle lIen..>-y's
wtdow mllY hF:Vfl more of this infornot,1on, but I just dont
h~a tt'nt.;\,il'S ~i c.', r,r-~',,_, ~ h it' r,j;-,lth:0 r l du fOG a lth ,I: blij;" 1 (' jllr.i; n.i D)jh Fl-
have time to Get it from 1101'. I feel that. \Itj()~B Henry ~i3~1t
more of thefje reoords t,htlll tIlt! Njfi't or thlJ f'Ulkej tuta!i 1
said, just lack of time. /
Five children of Anna end John Juchem lived to maturity.
They were Henry J. 1865-1949, .'.nna, 1667-1940, - Lena, '1869-
1940, Your Groat Grandmother, V~ry, lB71-l~43, and my own
Mother, Flora B., 1874-1906. I cnn give you their birthdates
'. to 'the day if you wish. John Juohem diedJan 24, 1911,'
and his wife Anna lived from Oct 16, 1835 to >!ar. 2, 1906.
They wre both burled in t.he-Arvada Cemetery, along with my
parents, John A. and Flora Wagner, and my Aunts Anne. and Lens.~
1870's .
In the eariyJmy Grandpr.rents staraod build1ng there-neh
house where I spent most of ~ childhood, since my parents
both died When I was so young. This house,was ndded to,
remodeled, added to some more, etc. It war, a latge house
during my years of memory, wi~h large airy roome, and was
m;r pride and joy. / W'e alwa.ys had' a lot of comp&.}tY there
.and long after ~ two brothers and I were married we con-
tinued to congregate there. on Sundays. During my high Bchool
days there Vfere alv,'8Yse.. lot of young folks there, e.nd I : '
dont l-now how my dear AuntB put up 'with us. We rolled \\1' the'
rugsl and danced end had '\l"' wonderful time. They were o.lI-rays
right there with us too, and'that made the kids ,feel ri~ht
at home, as we never did when we wont ~o somebody~~~house'
that treated us like company and got out o,r o',r waf.'
Enough of. my m~ reminiscing.-Hope this vnll be of some
help to you if you are trying to compile information on
your forbear.s..Lhopeyou go farther. It would be most
intercuting. I am the youngest of the Juchem grandchildren
and. I am nearing 65, 80 there 'Wont be . anybody lert yo.,<get
inforoation from very ,long. Vic Fishburn 1s theonly'one
of the FisSburn family, Ray Juchem of the Juohem family,
and I or the Wagner family. The ranks are thinning.--'''"'
, Please e~Cuse typingerr6rs. 1 am an Account~nt, not
a steno. '
With love to tou and your wife,
. .~i
, PSc Mary Juchem was born Jan. 27, 1871, 'Died Oot. 13, 1943.
She married Robert L. . Fishburn Jun~ 15, 1892. He was born'
Mar 10, l88G~ I dont have .the 'date of his dea.th: It w~uld be
on his markor at Crown Uill Cemetery. As fa.r a~ I know all the
Juchem girlA, ~ex:e married at the old ranch hou~e. Stl.di~is thea
.only person ~onnected \.1'ith the Juchem l'ltill l.iving .on a.ny part
'"of the Juchem.p1a.~e,started by nv' grandparents.
1.
'<, .
ARCHITECTURAL AND PHYSICAL DESCRIPTION
Let me preface this setion by saying the property is in outstanding
condition. It was built in 1900.
The exterior, oak flooring throughout, classic woodwork design,
ceilings, stairways, windows and fireplaces are all maintained with great
care. Obviously the historic value of the home has been appreciated by
the past and present owners.
Sincerely,
Patricia Anderson
Juchem Lane
Address: Extended from W. 44th Ave. to Ridge Rd.,
west to Independence St. and north to W.
58th Ave., Juchem Lane is now part of
Garrison St., Ridge Rd., West Rd., and
Independence St.
This thoroughfare was first named for pioneer John Juchem,
who came from Prussia to Colorado in 1859. He settled in the
Arvada area in the 1860s and farmed his 400 acres acquired
from three land grants. He contributed the right-of-way for the
Denver and Interurban Tramway to Golden and the Colorado
and Southern Railroad to be built on his property. Juchem
Tramway Station was located at West Fifty-first Avenue where
Juchem Lane (now Garrison Street) crossed the tracks. John
Juchem also donated land for the Arvada Cemetery.
9201 West 44th Avenue
Showing front view of home from West 44'" Avenne
_-1--
9201 West 44th A
venue
Present vi
ew of east 'ct
SI e of home
. .
bj~&~"~t~ltr~~~.;0.-~-~.~;;.'-
.. ..._~'7~'~~~~
4-4-th ^' ",enue,;
9'201 "West . bact of llrollert"Y
S"'oWln~
. eWlJ.
'Present ",1
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Black and white photo shows east side steps leading to porch area. Note circular
bricks and hav-tvne windows of the dinin17 3re3.
Black and white photo (north-east section of property) shows beautiful rose bushes
and surrounding landscape when owned by the Fishburns. Garrison Street to the
right of home.
Department Links
Archives & Records
Home
Garrison Street
County Links
Jefferson County Home
Address: Extended from W. 44th Ave., north to
Ridge Rd. in Arvada.
That portion of Garrison Street between West 44th Avenue and
Ridge Road was known as Juchem Lane before county street
names were revised. In Arvada Heights, it was known as
Majestic A venue and extended from West 67th A venue, south
to the Denver &Rio Grande Western Railroad tracks. In 1949 it
became Garrison Street and was named for the Garrison family,
who published the "Golden Globe,"
SURVEY AND OTHER DATA
House plan and black/white photograph of the property
Plat showing Juchem Gardens Subdvision
Survey data and tax information of property
Information received from the Jefferson County Assessor/Treasurer
offices in September 2006
,
~I'
( .
"
JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM
Schedule: 043394 Status: 1 ParceIID:39-222-07-01O Date:9-6-2006
Nbrhd:232 Area: 2
Struct:COMMR Use: 105 Unt: 1 Con:A Bsm: Bid:3
Gt: Liv Area:2522 Bsm Area: 1618 Total Acres:0.550
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Department Links
Archives & Records
Home
County Links
Jefferson County Home
~t
Juchem Subdivision
Address: Today's 44th Avenue is the south boundary
and this plot extends north into Arvada; it
includes the area Garrison.
John Juchem came to Colorado in 1859 and soon settled and
developed a farm that eventually included 400 acres. He
subdivided Juchem Garden Place on the south end of his large
holdings October 4, 1890 was the date recorded.
Quad Map/Date: Arvada, 1965 (1980)
See/Town/Range: S27, T3S, R69W
Elevation: 5350
Source: County Records
Other Names: Not Available
See Also: Not Available
Last Modified: Mon, April 5 1999
Jefferson County, Colorado - Place Names Directory
http://wwI4.co.jefferson.co.us/archives/search3 .cfm?ps _ oid= 13336...
Department Links
Archives & Records
Home
Juchem & Quellette Ditch
County Links
Jefferson County Home
Address: Near Kipling & 1-70, Wheat Ridge 80002
Juchem and Quellette Ditch in Water District #7 had priority
#30 (May 28, 1863). It was filled with water diverted from
Clear Creek, via south bank of Slough Ditch. Claimants in
1884 were John Juchem and Moses Quellette. Both were early
farmers in the Arvada area and their properties show on Willet's
"1899 Farm Map." State Engineers Records show transfer to
Farmers High Line and Reno-Juchem Ditches, June 6, 1989.
Quad Map/Date: Arvada, 1965 (1994)
See/Town/Range: S4&16, T3S, R69W,
Elevation: c. 5380
Source: Arapahoe County District Court, Div. II
Proceedings, Oct 4, 1884; Arvada Historical
Society, "More Than Gold," Frontispiece;
State Engineer's "Water Rights Report,"
June 6, 1989, p. 387.
Other Names: Not Available
See Also: Not Available
Last Modified: Thu, August 4 1994
Copyright @ 2003, Jefferson County, Colorado. All rights reserved.
Send mail to archivist{a).co.iefferson.co.us with questions or comments about this Web site.
Last modified: November 2003 Version: 2.1.0
1 of 1
11/112006 3:58 PM
Property appraisal system
Page 1 of 1
(
General
Information
Previous 28 OF 32 Next
Schedule: 951297
Status: Active
Parcel ID:
Property Type: Commercial
Print HelD
Property Address: 09201 W 44TH AVE
WHEAT RIDGE CO 80033
Mailing Address: SAME ADDRESS AS PROPERTY
Owner Name(s)
WESTERN STATES CLINICAL RESEARCH
CASEY CHERI/STILLMAN DARA
Neighborhood: -
Subdivision Name: -
Block
11t:
ILot
t//r
IKey
ISection
c2~
ITownship
~ ~) t J
IRange IQuarterSection lJ I JJ
~1fJ W L~J1Total
JSale Date
ISale Amount
IDeed Type
Land Sqft
'" L/f MM
· 5'$' 4MI,1m&oo
IReception ~
JAssessor Parcel Maps Associated with Schedulel,
Go to Aspin MaD for this Sch~dule
asysthats
1 11928 IA 102
Totals
Bldg Land Area
1 24000 1
Page 20[2
1105
11
12522
11618
12
Num Unit
I Main
2522
Basement
1618
http://wwI4.co.jefferson.co.us/ats/displaygeneral.do ?sch=951297
8/2212006
asysmms
rage 1 01 1
~
Common Schedule Information
Schedule: IO~.~~:~~"~J
PIN: l~,~,"__,J - l~~~_.~j - 107
I - '010
"
r
.1
ITax Distr
3105
Status: 1
City/Zip:
WHEAT
RIDGE 80
Class:
COMMER
Street:
1~:,2~,~...,".J L~~-~cJ I~!H
I.J\:~:_._..~~J L--_~J L.=~
Subdivision: I~"~~~_:.M GA"~~:_~"~~~~:_.__,,,,_.
SubCode: 391200
Owner: I~RISCO NIC~.PROt"J:t(TIES LLP
_.". iilE. "III.IIU. ilfl5fi.^ . 1~l'lIY.1 li'ABm.m' ',Id
~{._~ ~ftI~,.t ~5_
#Units: 0
Area/Nho
02/232
Remarks
", -811!1'-I\l,r~,'1. ;r4m:rmli~,'J,'-",",',4S~~,'",W'", B'!r1l1
~JI~~I!~ :e~. '~ill~r,~wlflf_
~~~.a.ifAl~1;
.:",}f Ylt;l&,:, /i9m~clf''t,. <_ ' fg,%\m~~%?,
L?_:,~~:_:,~84 1~?RRECTE~=_~q~~, "'~?,,?~~~~~""~=_._____.,___,..,_ ''___,___
5-03-19891 I.~:?:~_:~~..._Y~~?_~T,C.OST LESS AN _~?,:r:.~:r:?~~,~..~~_._FUNCTIONAL
L.. FACTOR DUE TO AGE OF BUILDING (BUILT IN 1900) MARKET
1..:r:..~_..~?:_~:~_:r:~~."..:~","~,_~.~2~.:r:~~,THIS AGE. '.
ITHIS BUILDING IS UNDER CONTRACT FOR $183,000, OF WHICH $10,000 IS
-"'~%."-''''~.''''''''''''''''' ...,",,,,,, ,., ,,,,.,"',",., "7",",-<"""""'''''''''''''_'_'' .. """""'~';;~"--""'~-"''''-''~'-''''''-'':^''''''''''''"''~'',,,,,," ~ ..,.,- -'''' -"' """"""'''':''=~'''''''''':''~''<,,....,", '''''''__'-'-'-<'''''''''<~'<>''''''i__''_'-'''''',~":",_,:<"""",~"~",,,, _,~''''.,,~':-_ ~~~,_::' '."'_'~<'_"_'''_'''','''''''''''' ....,~._,,_,...
I~]:~OVATION. ALT~~~..:_:~ HOMES FOR YOUTH^:_~~~~~~~.:~G THE PROPERTY.
t~~:r:.~_ "~~_~_"OWNE~..,?~~tJ_:":_E~~,,,":.~~PERTY . ,~~_:~_.~ IS,!?9":~_<?~,:,~~"
1.::?~,~___~:"~!::,,5,::~~;:.._.::.~._.,~~:.""~:,,:.._,., THE PURC~~~~~..__~.::!?..::~~_.,~,?~~,...,.."
'233- 0041. JSA . _'_^~'_'~"'"'"''_'_'''''''''"''''''''"'''
IEXEMPTION GRANTED BY DPT EFFECTIVE DA~~1\?~,15 1996 228 DAYS
I.:~~~ 138 .~AYS EXEMP:_:~~~# ,,":~?~"~mGAVE TO DAVID FO~.,,:~?~:.:?~..:..,:_CM
ICLT DEACTIVATION FROM VALUE
I~:::,,,,!:~:,:Y~::~,,,_~?~,,.,~~TER
INTERFACE CLASS = 2112 VALUE 000036300 ACRES 0000551
L
I 4-08-1997
ICLT-~:~^.._..:~.:;:!!~~.~~.~~_~, = 2212 VALUE
000145100 ACRES
0000000
http:// asyst2: 7 08 01 asysthatsl entry
9/12/2006
asysthats
Page 1 of 1
Common Schedule Information
Subdivision: IJUCHEM GARDEN PLACE
SubCode: 391200
Tax District:
3105
Status: 1
City/Zip:
WHEAT
RIDGE 80033
Class:
COMMERCIAL
Schedule:
1043394
PIN: 139
- /222 - 107 - 1010
Street:
109201
IW
144TH
lAVE
Owner: IFRISCO NICA PROPERTIES LLP
111-
Owner History Selection .!lI_ ___
#Units: 001
I -
Area/Nhood:
02/232
,'_> nte-r,~liY:i~)Xf~)!~)IL ~:
/ ,,1Ih@;\ ~ :iy;Ji!,k~L .
Option: 1=Select
Sales Historv TD1000 Sales Verification
Owner Names
BIT Lot Key Sec TwnlRngl QS I Tot Acr IReception'
Sale Date Deecl c::hR Date IIlJt
017 OOE 22. Cf3 69 NWI .551 F1912662
11-14- 1-08- SMC
2003 WARR 04
017 OOE 22 03 69 INwJ .551 IF0232773
5-13- PTD 6-11-96 RKB
1996
017 OOE 22 03 69 NW .551 85021027 I
I
2-01-
1983
I I I
r-FRISCO NICA PROPERTIES LLP
r ALTERNATIVE HOMES FOR YOUTH
rFMITH LAURENCE C JR
Frtim:
Sent:
To:
Subject:
EKaterina Karpoff [EKarpoff@co.jefferson.co.us]
Tuesday, August 22, 2006 3:20 PM
MaryLee Loth
Re: 9201 West 44th Avenue
Put in sch #043394 it will show you all that information, it's blk 17E no lot # sec 22 twn
3 rng 69 NW quarter section, 24,000 sq ft or .551 acres more or
less..... .. . . .... ... .. .. .. . . . . . . . . . . . . . . . . . .. . . ... . .. . . . . . . . . . .. .
>>> "MaryLee Loth" <MARYLEE@sga3d.com> 08/22/06 1:20 PM >>>
Can you please tell me how I obtain the Block, Lot, Key, Township, Range, Quarter Section
and Land Szft information for the above address?
It wasn't noted on the general information screen.
Thanks for any help you can provide,
MaryLee K.Loth
Petroleum Landman
Samuel Gary Jr. & Associates, Inc.
1670 Broadway, Suite 3300
Denver, CO 80202
303/831-4673 (Office)
303/863-7285 (Fax)
FAMILY INFORMATION
AND
PHOTOGRAPHS
JOHN JUCHEM WITH DAUGHTER ANN
AND FAMILY....PHOTO TAKEN AT ORIGINAL RANCH HOUSE
NEAR WEST 56TH A VENUE....LATE 1800'S
MARY ANN JUCHEM 1892
SHOWN IN HER WEDDING DRESS
SHE WAS BORN IN 1871
DIED IN 1943 AT AGE 72
/ /--------
.
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111,0, llE1'IR"Y 1\1'11) l'i1\R"Y 1\1'11'<
~SEA 'tED)
LENA AND ANN
--
,~.
ENJOYING A SUNNY AFTERNOON AT THE FISHBURNS
WITH
(SIDE) ElLENE AND PERCY LEE FISHBURN
(FRONT) MARY ANN, ROBERT AND JOHN FISHBURN
MARY ANN (JUCHEM) FISHBURN
John Juchem gave his daughter Mary Ann the acreage on which the present home
now stands. Mary Ann became the wife of Robert Lee Fishburn. Most of the
designs and planning of the home were those of Mrs. Fishburn. She was well
known as an upstanding member of the community as well as a fine hostess. She
delighted in giving fine afternoon teas, catered parties and her own gormet cooking
was remembered by many in the area.
ROBERT LEE FISHBURN
Mr. Fishburn, a Virginian, was a hard working gardener and farmer. The property
was known for its beautiful landscaping with rose vines and beautiful lilacs
surrounding the house. Mr. Fishburn was best known for his association with the
Narrow Gauge Railroad and for nearly fifty years was the conductor on the
Colorado and Southern Railroad.
Mary Ann and Robert Lee raised three sons, Earl, Percy and John.
JOHN FRANKLIN (FRANK) FISHBURN
Son to Mary Ann and Robert Lee. Frank became a garden farmer along with his
father Robert Lee..
He and his father produced many varieties of vegetables, strawberries and
raspberries.
The farm was especially well known for the famous 'Pascal Celery" which was
shipped all over the country Frank hired young high school boys and girls from
Louisville, Colorado to pick the berries. These young folks worked the farm each
year until they graduated. In order to thank them for their loyalty, when each
season ended he would take them to the park and treated them to a catered picnic.
Frank later became interested in politics. Many locals felt he could have gone far in
political gains. He was the Democratic Committeeman prior to succumbing to
cancer at the early age of 46 leaving a wife and four children.
'fIlE FlSIlBURNS
l'ERO'LEE JOllN ~1<LIN VIC1'OR E,\ltL
ROllER1' LEE ,\!'lD ]\'1A.R,\,,\!'lN
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RORER1' LEE FISlIRURN
l:lE WAS BORN IN 1866
DIED IN 1946 A1' AGE 80
JUST A LITTLE REMEMBERANCE ABOUT DAYS AT
WHEATRIDGE HIGH SCHOOL
I graduated as did Alvin A. (Andy) Anderson ...he was a football
star and I was a cheerleader...
It was the class of 1942 - a class which was to be part of World
War II at that time.
Our graduation was filled with happiness but clouded by the war
that took our young men in it's grasp. Andy joined the Marine
Corps. We were lucky as he and most of our cla:ssmates were
spared and came home.
Andy and I shared thirty six years together until his passing.
Arvada Historical Society
http:// arvadahistory ,org/Cemetery06. html
^
1,_......
..,..
Visit us at historic McIlvoy House, 7307 Grandview Avenue
Open Tuesday-Saturday Ilam-3pm
Nancy Young as Dorothy Hizzor, and Bonnie Thomas as Maguerite Rodda Juchem,
Bonnie Thomas takeslhe educator's chair as Maguerite Juchem.
Scott Staley as Ray Fitzmorris and Michael Thompson as Homer Peck
Mary, Fitzmorris (Anita Marcusen) supports her husband Ray
,_._' ----------..-..----..--.-.--
This page last updated 10/24/2006
I
I Questions or comments? E-mail the webmaster.
,
I ~ 2006, Arvada Historical Society
17307 Grandview Avenue
I Arvada, CO 80002
1303-431-1261
Web site provided by
P~q~
Wtble~(t$
http://www.personaltouch.ws
-.-;'-.-~--
1 of 1
11/1/2006 1:50 PM
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GRJ'D \J'\ '\'lOrl 1'UO'\'O
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'fR,\rll<' frJ"D SfrJl1E flS1\ll\JlU'
l' ,\SSED ,\ '" ,\ ~ ,\ '\' ,\GE 44
TIlE JolIN (J ACJ{) VlS:WlJlU' F AMlL "
JOllN SCOT FISllBURN
L )'NDSA" (I'lJLSl1'lIER) VlS:WURN
LESLIJ!', (CLAJ.U<) FlS:WlJlU'
WITll DAD
VICTOR LEE FISHBURN, PATRICIA (ANDERSON) FISHBURN
AND JOHN (JACK) FISHBURN
GREAT GRANDCHILDREN OF JOHN JUCEl\I
GRANDCHILDREN OF ROBERT AND l\'1ARY ANN FISHBURN
CHILDREN OF JOHN FRANKLIN AND SADIE FISHBURN
MARY LEE (FISHBURN) LOTH
DAUGHTER OF VICTOR LEE
WITH HUSBAND JACK AND
AUNT PAT AND UNCLE JACK
WE THANK YOU FOR YOUR TIME
AND YOUR CONSIDERATION
WHEAT RIDGE
HISTORICAL SOCIETY
P.O. BOX 1833
WHEAT RIDGE, COLORADO 80034
------
\J)"'~~Il\~E. s.~
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February 13, 2007
~
Meredith Reckert AICP
Senior Planner
RE: Case No WHL-07-01lRequest for historic landmark designation for property
located at 9201 W. 44th Avenue
Dear Meredith,
The Wheat Ridge Historical Society has reviewed the application for nomination of the
house located on the property at 9201 W. 44th Avenue for Historic Landmark
Designation.
Upon further research by the Historical Society using 1900 census files and verifying the
facts submitted by the applicants, we are pleased to be able to give our recommendation
for Historical Landmark designation to this property. It was a unanimous vote of the
Board of Directors at the meeting of February 13, 2007.
EXHIBIT 3
ITEM NO: ~.
REQUEST FOR CITY COUNCIL ACTION
I. I
A .4
COUNCIL MEETING DATE:
April 9, 2007
TITLE:
RESOLUTION 10-2007 - A RESOLUTION DISCLAIMING ANY
INTEREST OF CITY IN LOT 2, INDEPENDENCE BUSINESS PARK
SUBDIVISION, 1ST AMENDMENT, JEFFERSON COUNTY,
COLORADO
o PUBLIC HEARING
[g] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
[g]
No
CitY~
City Attorney
EXECUTIVE SUMMARY:
On May 1, 2001, the City entered into an agreement with 5000 Independence Street LLC, the owner
of a parcel of real property in the City. A portion of the property (Lot 1) is a commercial/industrial
property. The remaining portion (Lot 2) is a lake adjacent to Clear Creek. The Agreement
contained two (2) provisions:
First, a settlement on payment of use taxes owed by Star Guide, a prior
owner of the property. That provision has been fully complied with.
Second, the Agreement grants a "Right of First Opportunity" to the City
to acquire Lot 2. This right expires six (6) months after the City fails to
exercise it, after notice from the owner, or if the owner sells Lot 1.
On April 17, 2007, the owner intends to sell both Lot 1 and Lot 2. Because of this, the Right of
First Opportunity will expire under its terms. The title company has asked for documentation that
the City will no longer have any interest in that parcel. The attached Resolution does this.
STATEMENT OF THE ISSUES:
Because the City will no longer have any legal interest in Lot 2, it is fair that the City confirm this
in order to allow the property owner to market it. This action can not and does not affect the City's
land use and police power control over the Property.
COMMISSION/BOARD RECOMMENDATION:
None
AL TERNA TIVES CONSIDERED:
None.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approve Resolution 10-2007 - A Resolution Disclaiming any Interest of City in Lot 2,
Independence Business Park Subdivision, 1 st Amendment, Jefferson County, Colorado."
or,
"I move to table indefinitely Resolution 10-2007 - A Resolution Disclaiming any Interest of City in
Lot 2, Independence Business Park Subdivision, 1st Amendment, Jefferson County, Colorado."
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
Reviewed by: Randy Young, City Manager
Attachments:
1. Letter from Eric Pollock, Miner Street Partners, LLC
2. Agreement for Resolution of Use Tax Claims, dated May 1, 2001
3. Memorandum from Gerald Dahl
4. Resolution 10-2007
rage .L. Ul.L. ;
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From: Eric Pollock [mailto:eric@mine'''L,cetpartners.com]
Sent: Tuesday, March 13, 2007 10:57 PM
To: Gerald Dahl
Subject: Star Guide Properly
Mr. Dahl,
Attached is a copy of the recorded agreement between 5000 Independence Street LLC and the
City of Wheat Ridge.
It's not clear to me why the title comp~y is requiring a quit claim deed, but we would
appreciate your help getting such from the city.
Our closing date is currently scheduled for April 17th.
Thank you for your help with this.
Eric Pollock
Miner Street Partners, LLC
3033 E. First Avenue, Suite 815
Denver, CO 80206
Phone: 303.327.8161
Fax: 303.322.1226
3/27/2007
ATTACHMENT 1
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9/18/2001 10:47:06 PG: 001-005
PAGE FEE: 25.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
AGREEMENT FOR RESOLUTION OF USE TAX CLAIMS
~ .~, .
J g:; 'THIS AGREEMENT is entered into as of the 1st day of May, 2001, by and between 5000
/ Independence Street LLC ("5000 LLC") and the CITY OF WHEAT RIDGE, COLORADO /
d~ ("Wheat Ridge" or the "City"), colleetively referred to herein as the "Parties." l ,/ 'J
RECITALS
A. 5000 LLC is a Colorado limited liability company owning property in the City,
which property includes a lake and associated bank areas. more particularly described as Exhibit
A, attached hereto and incorporated herein by this reference (the "Lake Property").
B. The Lake Property was initially owned by a company doing business as Star Guide.
The City has enacted and imposes a tax on the use of goods and services within the City. pursuant
to Chapter 22 of the Wheat Ridge Code of Laws ("Use Tax'!). The City and Star Guide presently
disputes the existence and amount ofapastba1ance of such Use Tax in the amount of$43,121.47
(the "Disputed Use Tax Obligation"). 5000 LLC has agreed to indemnify and hold Star Guide
harmless from the Use Tax.
C. The Parties wish to enter into this Agreement to resolve the Disputed Use Tax
Obligation and to grant the City a first right of opportunity to purchase the Lake Property.
NOW THEREFORE, in consideration ofthe mutual promises and covenants made herein,
the delivery, sufficiency and acceptance of which are acknowledged and confessed, the Parties
agrees as follows:
1. Settlement With Resnect to Use Tax.
5000 LLC agrees to pay the Disputed Use Tax Obligation to the City in three (3)
equal installments of $14,373.82, payable as follows:
$14.373.82 on or before January 5, 2002
$14.373.82 on or before January 5,2003
$14,373.82 on or before January 5.2004
2. Ri~bt of First Onnortunitv.
5000 LLC hereby grants the City a right of first opportunity to purchase the Lake
Property on the following basis: should 5000 LLC determine to sell the Lake Property, it shall serve
written notice to the City setting forth the price and terms on which it desires to sell the Lpke
Property. The City shall thereupon have thirty (30) days to determine whether it desires to acquire
the Lake Property on the price and terms set forth in such notice. If the City fails to exercise its
right of first opportunity, 5000 LLC shall then have the right to offer the Lake Property and sell the
489105.2
,
ATTACHMENT 2
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Lake Property to any third party provided such sale is on substantially the same tenns and conditions
as that offered to the City. If the City fails to exercise its right to acquire the Lake Property as
aforesaid and if the Lake Property is then sold to an outside third party within six (6) months after
the initial written offer is made to the City, then the right of first opportunity shall expire and be of
no further force or effect. In addition, this Right of First Opportunity shall not be effective and Sha~
- automatically terminate and be of no further force or effect in the event 5000 LLC sells or transfers /)
its interest in Lot 1, Independence Business Park, Subdivision - First Amendment, County of . V-
L Jefferson. State of Colorado.
3. Notices.
All notices required or allowed to be given under the terms of this Agreement shall
be addressed to the Parties, certified United States mail, return receipt requested, as follows;
lfto 5000 LLC:
5000 Independence Street LLC
clo Miner Street Partners
3033 East First Avenue, Suite 815
Denver, Colorado 80206
If to Vlheat Ridge:
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Attention: City Manager
4. F.eeordin~.
This Agreement or a memorandum describing Paragraph 2 hereof, may be filed for
record with the Jefferson County Clerk and Recorder. If such agreement or memorandum is filed
for record and if the City fails to exercise its right of first opportunity, as provided for under
Paragraph 2 hereof or if the right of first opportUnity is no longer effective as provided in Paragraph
5 hereof, then in either such events the City shall, upon request of 5000 LtC, execute a quit claim
deed of its interest in the Lake Property satisfactory for recording in a manner and fonn to remove
any incumbrance which this Agreement may have on the Lake Property. If the City fails to execute
and record such a quit claim deed within fifteen (15) days after request to do so, the City shall be
held liable for any and aU damages which 5000 LLC may suffer and 5000 LLC may apply to the
District Court of Jefferson County for the issuance of an order authorizing the Clerk of the District
Court to execute such deed for and on behalf of the City.
489105.2
2
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5. General Provisions.
a. This Agreement shall be construed pursuant to the laws of the State of
Colorado. Venue for any action interpreting or enforcing this Agreement shall be in the District
Court of Jefferson County, Colorado.
b. This Agreement shall not be transferred or assigned without the prior written
consent of the other Party, which may withhold their consent for any reason. In the event such ~
transfer or assignment occurs without consent, the nonconsenting Party may treat such action as a ../
breach or failure and may declare the Agreement tenninated with respect to the defaulting Party.
This Agreement shan inure to the benefit of. and be binding upon, the Parties, their respective legal
representatives; successors, heirs, and assigns; provided, however, that nothing in this Paragraph
shall be construed to permit the assignment of this Agreement except as othelWise expressly
authorized herein.
c. This Agreement is intended to describe the rights and responsibilities only
as to the Parties hereto. This is the entire Agreement of the Parties on the subjects herein addressed.
This Agreement is not intended and shall not be deemed to confer any rights to any person or entity
not named as a party hereto.
IN WITNESS WHEREOFt the Parties have executed this Agreement as of the day
and year first appearing above.
CITYOFWHEAT&RADO
'-'1 . . )
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Gretchen CerVeny, Mayor
ATTEST: I
91iudJ!Jp~
Wanda Sang, City Cl~
APPROVED AS TO FORM
~ ~$f(UfljJ
. Dahl, City Attorney
5000 ~ENDENCE STREET, LLC
,.; L. '.1 / /j.u:CPtt:.?
[., /';~~J)r ~.....___
By: a-..r ~
David Pollock, Manager
489105.2
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STATE OF COLORADO )
'" )55.
.cOUNTY OF ~rl'.bR8m.r ~nvey' )
Subscribed and sworn to before me this~1iJ-ay of C1 J .t-1.L .2001,
by David Pollock. Manager. 5000 Independence Street LLC. ""{/...,...
WITNESS MY HAND AND OFFICIAL SEAL.
5 /;~_./p S-
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Notary Public
My Cvulluission expires:
CAROLE A. MO~RIS
NOTARY PUBLIC
STATE OF COLORADO
489105.2
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EXHIBIT A
LEGAL DESCRIPTION OF LAKE PROPERTY
A tractofIand lying in the SW 114 of Section 15. Township 3 South, Range 69 West
of the 6th Principal Meridian. City of Wheat Ridge. County of Jefferson, State of
Colorado, described as:
LOT 2
INDEPENDENCE BUSINESS PARK SUBDMSION - 1 st AMENDMENT
Said tract containing 6.5 ACRES, more ofless.
Also known by street and number as: V ACANT LAND, Wheat Ridge, CO
s
MUR~AY
DJ..'>,.....L
l'C.u::=:O.....!E: l"'~ M ii: I ~c;TE R
RENAUD LLP
MEMORANDUM
TO:
Mayor & City Council
FROM:
Gerald E. Dahl
DATE:
March 30, 2007
RE:
Star Guide property
As Council will understand from the attached Request for Council Action, the present
owner of the former Star Guide property is requesting that the City assist in clearing title
to that property by disclaiming any interest the City may have as a result of the May 1,
2001 Agreement. Under the terms of that Agreement, the City had an option to acquire
the lake parcel. That option has now expired, under the terms of the Agreement,
because the commercial/industrial portion of the property is being sold together with the
lake parcel.
As the City will no longer have any interest in the lake parcel, it is appropriate for the
City to disclaim any interest and allow the property owner to be able to sell it.
I recommend approval of the Resolution.
ATTACHMENT 3
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 10
Series of 2007
TITLE:
A RESOLUTION DISCLAIMING ANY INTEREST OF CITY
IN LOT 2, INDEPENDENCE BUSINESS PARK SUBDIVISION,
1ST AMENDMENT, JEFFERSON COUNTY, COLORADO
WHEREAS, On May 1, 2001, the City entered into an agreement with 5000
Independence Street LLC, the owner of a parcel of real property in the City; and
WHEREAS, a portion of the property (Lot 1) is a commercial/industrial property; and
WHEREAS, the remaining portion (Lot 2) is a lake adjacent to Clear Creek; and
WHEREAS, the Agreement contained two (2) provisions: First, a settlement on payment
of use taxes owed by Star Guide, a prior owner of the property. That provision has been fully
complied with; and
WHEREAS, the second provision of the Agreement grants a "Right of First
Opportunity" to the City to acquire Lot 2. This right expires six (6) months after the City fails to
exercise it, after notice from the owner, or if the owner sells Lot 1; and
WHEREAS, the owner intends to sell Lot 1 together with Lot 2. Because of this, the
Right of First Opportunity will expire.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council:
Section 1. The City Council, acting on behalf of the City of Wheat Ridge, Colorado
hereby disclaims any right, title, or interest in the following real property arising in any respect
from the Agreement for Resolution of Use Tax Claims between 5000 Independence Street LLC
and the City of Wheat Ridge, dated May 1, 2001:
Lot 2, INDEPENDENCE BUSINESS PARK SUBDIVISION, First
Amendment, City of Wheat Ridge, Jefferson County, Colorado.
Section 2. This Resolution shall be effective upon adoption.
ATTACHMENT 4
DONE AND RESOLVED this
ATTEST:
Michael Snow, City Clerk
day of
,2007.
Jerry DiTullio, Mayor
2
ITEM NO: 3.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 9, 2007
TITLE:
AWARD ITB-07-18 2007 OVERLAY PROJECT IN THE TOTAL
AMOUNT OF $712,675.59
D PUBLIC HEARING
[gJ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0
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D~:~:;:~;~hC Works
[gJ
No
city~4
EXECUTIVE SUMMARY:
The 2007 Overlay Project was developed to provide the needed maintenance treatments to 38th
Avenue, from Y oungfield Street to Kiphng Street, along with a number of selected local streets by
priority in accordance with the Citywide maintenance plan. The program is intended to extend the
hfe of pavements on streets that are structurally sound. The project also includes concrete and
handicap ramp replacement on the streets to be overlayed and asphalt patching at several
intersections throughout the City. On March 15,2007, seven (7) bids were received. All bids met
the initial bid requirements. The apparent low bidder was Premier Paving, Inc., Denver, Colorado
in the total amount of$647,886.90, which includes Bid Alternates I and 2. Premier Paving's
proposal met all of the bid requirements and references and experience were evaluated by Pubhc
Works Staff. It is recommended that the project be awarded to the lowest responsible and
responsive bidder, Premier Paving, Inc. in the amount of$647,886.90.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Bids for the 2007 Overlay Project, #S-PM-OI-07, were opened on Tuesday, March 15, 2007.
Seven (7) bids were received. The bids were comprised of three parts; Base Bid, Alternate Bid I
and Alternate Bid 2. The base bid provides for the pavement overlay and concrete replacement of
38th Avenue from Youngfield Street to Kiphng Street. Alternate I will provide the pavement
overlay and any necessary concrete replacement to a number of selected local streets located in the
southwest quadrant of the City. Alternate 2 will provide asphalt patching to several intersections
throughout the City due to critical maintenance need. The base bids ranged from $520,071.55 to
$705,737.25 and alternate bids 1 and 2 ranged from $91,115.35 to $128,086.20 and from
$22,860.00 to $54,750.00 respectively. The Engineer's Estimate for the base bid, alternate 1 and
alternate 2 were $613,393.50, $103,833.05 and $40,000.00 respectively. The lowest responsible
and responsive bidder, Premier Paving, Inc., Denver, Colorado has met the bid and qualification
requirements. Based upon the contractor's demonstrated capabilities and performance on the
previous project, Staff recommends award to Premier Paving, Inc.
A standard 10% contingency amount of$64,788.69 is requested for the cost of other items related
to the project.
ALTERNATIVES CONSIDERED:
No award and 2007 Overlay Projects will not be accomplished.
FINANCIAL IMPACT:
Funding for this program has been approved as the Preventive Maintenance Projects line item of
the 2007 Capital Improvement Program budget in the amount of $1 ,250,000.00. This project is the
third of the three preventive maintenance projects that the City will implement this year.
RECOMMENDED MOTION:
"I move to award ITB-07-18, 2007 Overlay Project to Premier Paving, Inc., Denver, Colorado in
the amount of$647,886.90 which includes alternate 1 and 2.
I further move that a contingency amount of $64,788.69 be established.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of$712,675.59.
I further move that all costs associated with this contract be paid from account number 30-303-
800-884, and that these funds be encumbered for the length of the project in accordance with
Ordinance #787, 1989 Series."
or,
"I move to deny award of ITB-07-18 2007 Overlay Project for the following reason(s)
"
Initiated By:
Report Prepared by:
Reviewed by:
Steve Nguyen, Engineering Manager
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1. Project Map
2. 2007 Capital Improvement Program Description
3. Bid Tabulation Sheet
C -Y 0 =- W -1 -<A -- ~ J G --
2007 OVERLAY PROJECT MAP
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If W~ CONCRETE REHABILITATION
TTACHMENT 1
Capital Investment Program
4.
Public Improvements Projects, Development Driven
2007 Budget: $85,000
Description: Upcoming developments may require City-fmanced street improvements.
Justification: Contingent funding should be provided for special project needs.
5.
Street Light Installation
2007 Budget: $6,000
Description: Installation of new streetlights requested by citizens and approved by the Public
Works Department.
Justification: New street lighting is provided to accommodate areas ofthe City which require
additional lighting for safety or as otherwise justified by the City.
6.
Street Preventative Maintenance Projects
2007 Budget: $1,250,000
Description: The annual street preventative maintenance work and costs are as follows:
Concrete replacement area:
Replace broken, distorted and non-compliant concrete curbs, sidewalks
and handicap ramps on streets included in the asphalt resurfacing project
$ 50,000
Asphalt patching and overlay area:
38thAvenue, Kipling to Youngfield
50th Avenue, Independence to Kipling
$ 950,000
Crack/slurry sealing area:
West of Wadsworth Boulevard by priority
$ 250,000
Justification: Preventative street maintenance work is required to replace defective concrete,
replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in
existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a
slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative
maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative
of reconstructing streets.
ATTACHMENT 2
195
CITY OF WHEAT RIDGE
BID TABULATION
SID/PROPOSAL NO,
ITB-07 -18
,
OPENED BY IJ_
Linda Trimble, Purchasing Agent7T
WITNESSED BY v
Julie Pavel, Purchasing AsSjstant~'
PROJECT: 2007 OVERLA Y/CONCRETE REHAB
SID DUE DATEmME
03/15/07 by 4:00 pm
REQUESTING DEPTJDIVISION
PUBLIC WORKS
PAGE 1
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J:\BID TABULATION SHEETS\ITB-07-18.doc
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ILLEGAL ALIEN FORM
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BASE BID
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ALTERNATE 2
ACKNOWLEDGE ADDENDUM #1
ACKNOWLEDGE ADDENDUM #2
ACKNOWLEDGE ADDENDUM #3
J:\BID TABULA nON SHEETS\IlB-07 -18.doc
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CITY OF WHEAT RIDGE
BID TABULATION
BID/PROPOSAL NO.
ITB-07 -18
BID DUE DATEITlME
03/15/07 by 4:00 pm
REQUESTING DEPT ./DIVISION
PUBLIC WORKS
OPENED BY ~ n____
Linda Trimble, Purchasing Agenr1'
WITNESSED BY
Julie Pavel, Purchasing Assistant W
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PAGE d. OF ~
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