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HomeMy WebLinkAbout11/19/1970 MINUTES November 19, 1970 The eighty-sixth regular meeting of the Wheat Ridge was called to order at 7 30 p.m. by Mayor Albert E the Council Meeting Room at 7390 West 38 Avenue Ci ty Council Anderson in Aldermen attending were Dana Bowling, Jack W Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Others attending were Mayor Anderson, Clerk Louise F. Turner, City Attorney Maurice Fox, Chief of Police Edward Pinson, Director of Administrative Services Walter Johnson, Finance Officer Walter Grande, and citizens interested in beer and/or liquor hearings, rezonings and ordinances Minutes were read and approval continued one week pending correction in wording of a Motion by Alderman Bramble Citizens comments were made by Karl H Hustede of 6097 West 40 Avenue who was concerned about 1 Holes in streets that had not been filled 2. Unnecessary sanding of streets 3 Illegal passing of school buses Anthony Sargent of the Wheat Ridge Jaycees explained Jaycees' project of placing signs indicating Hospitals They would like to place signs at Interstate 70 and 38 Avenue and Wadsworth and needed approval of the City and State Highway Department Mayor Anderson assured them that they had the approval of the City and indicated that the Public Works Department might be able to assist them WZ.::]0-24-Bezonifl.f1Case came up for decision. Motion by Alderman Bowling "I move that the rezoning requested in WZ-70-24 by Ben Schreiner for a change from Residential-Two and Restricted-Commercial to Residential-Three be denied for the following reasons 1. Surrounding zoning is not compatible for Residential-Three 2 It was denied by the Planning Commission 3 The shape of the land is so narrow it would create a traffic problem, and 4. It would be in violation of the existing Comprehensive Plan." Motion was seconded by Alderman Hulsey and passed 6-0 WZ-1Q~26 Rezoning Case came up for decision. Applicant, Swiss Society of Denver had requested a change from Resi- dential-Two to Commercial-One Motion by Alderman Howard "I move to table the decision on this application and reschedule another Public Hearing to allow applicant to provide additional information and facts concerning the approximate area of 150 X 150 feet in relationship with map and copy of deed that was presented to the Planning Commission." Motion was seconded by Alderman Donaldson and passed 4-2 with Aldermen Bowling and Pepe voting "nay " Applicants or managers present for the renewal of liquor and/or beer licenses were Richard Erickson Adolph Bollig Lloyd Moore Francisco Juarez Francis Blickenstaff - Tenneco Food Store - 7-11 Store No 49 -Safeway Stores No 302 - Los Panchos - Carefree Restaurant and Lounge - Ridge Drug - Ridgeview Inn Calvin F Johnson Frederick Schwarz -2- The following action was taken Motion by Alderman Howard, seconded by Alderman Hulsey and passed 6-0 "that a 3 2 Beer License at Seven-ElevBn Store No 49 located at 6595 West 44 AVBnue be renewed for a Class J1 license." Motion by Alderman Howard "I move that a 3 ? beer license at Tenneco located at 12700 West 32 Avenue be rBnewed." Motion was seconded by Alderman Hulsey and passed 4-2 with Aldermen Pepe and Bowling voting "nay " Motion by Alderman Bramble "I move that a 3 2 beer license, Class J1 for SafBway Store No 302 located at 10050 West 38 Avenue be approved" Motion was seconded by Aldermna Howard and passed 5-0 with Alderman PepB abstaining. Motion by Alderman Pepe, seconded by Alderman Bowling and passBd 6-0 "that a Class F liquor license for Los Panchos at 6351 West 44 Avenue be renewed " Motion by Alderman Pepe, seconded by Alderman Bowling and passed 6-0 "that renewal of a Class G liquor license for F M Blickenstaff dba/ Carefree Restaurant and Lounge at 4990 Ward Road be approved " Motion by Alderman Donaldson, seconded by Alderman Hulsey and passBd 6-0 "that the renewal of a Class E liquor license for Ridge Drug at 5395 West 38 Avenue be approved " Alderman Pepe asked to go on record as saying that he felt the State Law is wrong in that a Manager of an establishment selling beer or liquor is not investigated when he is hired A Preliminary Heari~ was held for change of ownership of Ridgeview Inn and renewal of present owner's license was considered. Motion by Alderman Pepe, seconded by Alderman Howard and passed 6-0 "that a 3-way liquor license for Ridgeview Enterprises, dba/ Ridgeview Inn be renewed " Applicant for change of ownership of Ridgeview Inn was Peter Hellerman represented by Attorney Alan Stevenson Motion by Alderman Hulsey "I move that a Public Hearing on the transfer of a liquor license for Ridgeview Inn be set for 7 30 P m on DecembBr 22, 1970" Motion was seconded by Alderman Donaldson and passed 6-0 Mr Richard Sparland, Chief Transportation Engineer with the Ken R. White Company reported to Council on additional charges connected with Topics Project #0073. Ordinance No 68 pertaining to Flood Plain Zoning was introduced by Alderman Donaldson and read Comments were made by the following people~ James Quinn, Director of the Urban Drainage and Flood Control District ReprBsentative GBorge Fentress of 2935 WebstBr Darrell Skelton of 6500 West 44 Avenue Shelly Allen of Wheat Ridge High School Ecological Action Committee Kenneth Swick of Wheat RidgB High School Student Senate Frank Callahan, realtor and appraiser representing the Wheat Ridge Chamber of Commerce, and Dr David Snow of 11568 West 39 AvenuB. Their comments are on file in thB GenBral File, including written comments submitted by Mr Callahan -3- Motion by Alderman Hulsey "I move that Ordinance No 68 on Flood Plain Zoning be passed on first reading and published and posted." Motion was seconded by Alderman Howard who recommended incorporating changes into the Ordinance on final reading. Motion passed 6-0 Ordinance No 69 on Planned Unit Development was introduced by Alderman Bowling and read It was discussed by Council and comments were made by Robert 8arr of the Planning Department Calvin Bacon, Developer, and Richard E Thomas, Arvada City Manager. Their comments are on file in the General File. Alderman Howard stated that comments made were valid and suggested that they pass the Ordinance and then have study sessions to make necessary changes Motion by Alderman Pepe "I move that Ordinance No 69 be adopted on first reading and be published and posted" Motion was seconded by Alderman Donaldson and passed 6-0 Ordinance~~E--2Q for control of dogs and certain other animals was introduced by Alderman Howard and read Comments in opposition to the Ordinance and/or questioning certain measures in it were made by the following Charles Edinger of 10465 West 35 Avenue Darrell Skelton of 6500 West 44 Avenue Bill Wood of 11000 West 41 Place Dr David Snow of 11568 West 39 Avenue, and Dan Lewis of 8720 West 34 Avenue Their comments plus written recommendations submitted by Clerk Louise Turner are in the General File. Motion by Alderman Pepe "I move that Ordinance No 70 be passed on first reading and be published and posted" Motion was seconded by Alderman Howard and passed 5-1 with Alderman Bramble voting "nay." Petition for annexation of property owned by Jim D and Elizabeth B Helbig was brought up Property is 25 acres lying North of and adjacent to the Public Service Company ROW which is the Wheat Ridge north boundary East of Kipling Street Petition was presented by City Attorney Maurice Fox who displayed a diagram of the area and pointed out areas that were designated to be Residential-Three and Commercial-One and that eight places would be used for posting Mr. Fox also presented Rezoning Ca~~~-70-12 which was requested in conjunction with the annexation Change requested by Jim D and Elizabeth B Helbig is from Agricultural-One to proposed Commercial-One and Residential-Three for 25 acres at 50 Avenue and Kipling Street He stated that the Planning Commission recommended "denial of the annexation of land in Case WZ-70-27 which is also requesting rezoning from Agricultural-One to Commercial-One and Residential-Three for the following reasons 1 The rezoning is not compatible to the surrounding areas 2 It is a poor piece of ground for a heavy traffic pattern due to a bluff 3 The configuration and topography of the property are not conducive to good traffic patterns for ingress and egress to the property, and 4 The increased density would not be compatible to the surrounding developed area " Mr Fox stated that the Planning Department recommended approval -4- He read a letter from the City of Arvada written to Mr James Miar, Wheat Ridge Planning Director which sat out tha following 1 That the North boundary and the North 200 feet of the East boundary adjoin Arvada 2 That the Planning Department of Arvada would recommend approval if Residential-One B were substituted for Residential-Three on 51 Avenue, if 25 feet would be dedicated and curb and gutters placed on 51 Avenue and if ROW were allowed to connect Independence to Kipling Street Mr Fox stated that two decisions must be made by the Whether or not the petition for annexation is proper, or not the rezoning should be approved. Council, 1. 2 Whether Dwight Griggs, Attorney representing tha land owners stated That conditions set out in State Statutes had been met in the petition, That a proper petition had been filed, That 1/6 of the boundary was contiguous to Wheat Ridge, That there was a community of interest, That 100% of owners had signed, That the Statutes having been met, the area is eligible for annexation and should be annexed. In regard to the requested zoning Mr Griggs submitted three exhibits 1. A letter from the Jefferson County Planning Department which gives the legal description of land involved and states it is in an area proposed by Jefferson County Planning Department for use as multi-family dwellings units. 2 Page indicating demand for multi-family housing, and 3 An aerial photo showing the Helbig property set off by dotted lines and the surrounding areas, both in Wheat Ridga and in Arvada Ron Hoysington, Planning Consultant, of 1601 Emerson, Denver established that surrounding zoning was West - Ridge Home South - Spot Commercial East - Undeveloped except on 49 Avenue where there is soma Commercial and some older homes South of 1-70 - Sparsa Commercial, Residential and Industrial North - Single family homes and that long range use to the West would include some industrial and some office use He felt that it was better not to split ownership but to have all in one city, That it was desirable to be annaxed, that Commercial was con- sistent with intent of the development of the area, there would be adequate roads for Residential-Three, that it could be split in two sections, leaving the bluff as a divider, the lower part to be served by the Kipling to Independence Road, the area to the North to be served by Kipling, Independence or 51 Avenue, that Arvada's request for single family units would limit ingress and egress whereas under Residantial-Three a davelopar could furnish adequata ingress and egress and ~sibly use one-way traffic, the present Jeffarson County land use is Residential, low dansity, but tha new plan not yet accepted shows high density Richard E Thomas, City Manager of Arvada stated That single family homes on 51 Avenue would preserve and maintain the character of the existing neighborhood, That no problem exists with the completion of 51 Avenue, That continuation from Kipling to Independance would complete a needad traffic pattern, That proper land use was 60nsi~8red by Arvada to ba singla family units on North and highe~~8A ~outh without Commercial, That Arvada was aager to work with both Wheat Ridga and tha developers -5- Owner Jim D Helbig stated he had owned the property since 1956, had lived there eight years and use was primarily agricultural Attorney Griggs stated There is demand for multi-family units, That 25 foot ROWand Warranty Deed will be delivered to the City of Wheat Ridge, That the proposed Zoning is proper, That it was recommended by Planning Director James Mier subject to the dedication of streets which he, the attorney agrees to That the ten single family units requested by Arvada would not contribute much, and he requested that the rezoning be approved as presented Motion by Alderman Bowling "I move that we continue the matter until November 24, 1970 at which time a finding of fact will be made" Motion was seconded by Alderman Donaldson and passed 5-0 Attorney Fox stated that on November 24, 1970 Resolutions approving or denying the Zoning and Annexation and Ordinances adopting or denying the Zoning and Annexation would be presented Ordinance No. 71 pertaining to a street vacation was introduced by Alderman Pepe and read Motion was made by Alderman Pepe, seconded by Alderman Howard and passed 6-0 "That the word I and' above section two be changed to 'the' " Motion by Alderman Bowling "I move Ordinance No 71 be passed and adopted on first reading and be published and posted" Motion was seconded by Alderman Howard and passed 6-0 Resolution No. _99 commending and wishing continued success to the Wheat Ridge High School Football Team was introduced by Alderman Bowling Motion by Alderman Bowling "I move that Resolution No 99 be ap- proved" Motion was seconded by Alderman Howard and passed 6-0 A proposal to buy radio communications equipment was presented by Finance Officer Walter Grande Motion by Alderman Donaldson "I move that the purchase of seventeen mobile radio units be approved" Motion died After discussion, the Following Motion was made by Alderman Donaldson "I move that the purchase of seventeen low band RCA mobil radios and three RCA remote control units and one RCA low band desk top base station be approved for a total price of $8,923 25" Motion was seconded by Alderman Hulsey and passed 4-2 with Aldermen Pepe and Howard voting "nay " Meeting was adjourned at 1 50 a m. / l ...-}.;: 2 ';..0(...--;2_-<-. ,7 ~"'--L/2.- -r-l--.f.< ~_ Louise F Turner City Clerk -, /~ 7,-/ // ~":/ //0