HomeMy WebLinkAbout01/28/1971
MINUTES
January 28, 1971
The ninety-fourth regular meeting of the Wheat Ridge City Council was
called to order at 7:30 p.m. in the Council Meeting Room at 7390 West
3B Avenue by Mayor Albert E. Anderson.
Aldermen attending were: Dana Bowling, Jack Bramble, Joseph Donaldson,
Robert Howard, Calvin Hulsey and Ray Pepe.
Also attending were Mayor Anderson, Clerk Louise Turner, Treasurer James
Malone, City Attorney Maurice Fox, Re~resentatives of City departments
and approximately eighty interested citizens.
Motion by Alderman Bowling: "I move that the Minutes of
17, 1970 and December 22, 1970 be approved as wli tten or
Motion was seconded by Alderman Howard and passed 6-0.
December
as corrected."
Citizens' lJomments were made by:
Pete Bohte of 5420 Garland - Chairman of the Junior Board of Directors
of the Whea" Ridge Teen Coffee House who presented ~nformation to Council
on the Coffee House and asked for Council's support He read and pre-
sented to the Council a Resolution pertaining to the Coffee House.
Estes Van Dyke of 13250 Wide Acres Road, Professional Social Worker with
the Welfare Department in Golden, discussed objectives and need for the
Coffee House and introduced Neal Manning who will be the Director.
Others who spoke on the Coffee House were Mrs. Ruth Howard if 4695 Ingalls,
Mrso hay Orr and Wayne Elias of 10225 West 23 Avenue.
The Resolution
Aldermen Pepe,
before voting.
read by Mr. Bohte was introduced by Alderman Donaldson.
Bramble, and Hulsey requested a week to study the matter
Resolution was withdrawn.
Motion was made by Alderman Donaldson, seconded by Alderman Bramble and
passed 6-0 "that the Resolution pertaining to the Wheat Ridge Coffee House
be put on the Agenda February 11, 1971."
Application for a package liquor store at 4141 Kipling came up for de-
cision.
Motion by Alderman Bramble: "I move that the application of Robert
Gene Adcock of Camelot Liquors for a package liquor license at 4141
Kipling Street be granted because: 1. The City made a survey and the
people were in favor of it approximately 3 to 1 in the immediate area
where the store is located. 2. Information from the professional petitions
was that the majority of the people in the mile rad~us were in favor of
granting the license at this location." Motion was seconded by Alderman
Hulsey and passed 4-2 with Alderman Pepe and Donaldson voting "nay."
The license was declared granted -to be issued when building has been
completed in conformance w~th plans presented in the application.
A Public Hearing on Improvement District No. 9 was held. Diagram of the
area and information on it was presented by Robert Barr of the Planning
uepartment.
The following people spoke in favor of formation of the Gistrict:
Leon Spender of 4280 Garrison
Tom Sterns of 4285 Garrison
Arthur Bolton of 4205 Garrison
I'irs. Richards of 4251 Garrison.
Consensus of opinion of those favoring the District was that the road
as it is needs attention, that it's dusty, full of ruts and has a poor
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base and paving would be beneficial to the neighborhood.
Speaking in opposition was Joe Romero of 4290 Garrison who said that
no provisions had been made for drainage, that water will drain onto
his property, that no specifications had been given on the base and
that if it's to be paved the paving should include 2 or 3 more lots
and meet existing paving rather than leaving a space between. Mr.
Romero requested a drainage report and map of existing drainage.
Motion by Alderman Bramble: "I move we continue this hearing until
the next meeting on February 11, 1971 to give a chance for Public
Works Director to bring in a report on drainage." Motion was seconded
by Alderman Donaldson and tied 3-3 with Aldermen Howard, Hulsey and
Bowling voting "nay." Mayor Anderson voted "nay" to break the tie
and defeat the Motion.
Motion by Alderman Hulsey: "I mo\;e Council make the following Finding
of Fact:
That the Petition is signed by a majority of taxpaying electors.
That the ImprovemenL District will confer general benetit to
the district.
That the c~st is not excessive in comparison to value of the
property in the District, i.e. cost of District is $2,615.20 (two thousand
six hundred and fifteen dollars and twenty cents), and assessed valuation
is approximately $40,000.00 (forty thousand dollars.)
That the petition has been signed and presented in conformity
with Statutes of State and Ordinance of City, and
That the allegat~ons in the petition are true.
Council declares this District organized and gives it the name
specified in the petition." Motion was seconded by Alderman Bramble and
passed 6-0.
Rezoning Case WZ-70-31 Public Hearing was held. Applicant E.L. Brune requested
a change from Residential-Two and Commercial-One to Commercial-One at
44 Avenue and Wadsworth. Mr. Brune of 4455 Cody Street, an employee of
Safeway and speaking for the rezoning on behalf of Safeway Stores stated:
That there is an option with Mr. McVicker for a 120' strip
to the North.
That Safeway would be relocated to a position to the Northeast
of the present store.
That it would
That it would
That it would
better parking.
That Safeway is w~lling to provide land for slow down lanes on
both 44 Avenue and Wadsworth,
That these traffic lanes have been studied by a traffic engineer.
That a large Residential-Two area that is noL being rezoned
prevents the effect of a shopping center on residents to the East.
That the parking pattern can be in and out in front of the store.
That there will be curb cuts to allow people to get in and out .
That Safeway will develo~ to the South and Mr. McVicker will
develope the North part of the area.
There are two possible plans for
put in a larger line and catch basins, 2.
level enough that water can drain into the
in his opinion would alleviate much of the
drainage problemo
That the State Highway Department has not been contacted for
permission to drain into the line on Wadsworth.
That the County Master Plan considers this area commercial.
That ttlis is one of Safeway' s poorest stores and needs to be
allow the building
allow the building
reduce the traffic
of Wheat Ridge National Bank.
of a Village Pancake House.
hazard and provide space for
coping with drainage: 1. To
The other to raise the ground
Wadsworth storm sewer-this,
existing as well as the future
replaced.
That the aim is to have businesses that are acceptable from a
church standpoint and to have bu~ldings that go well together.
!'}< t/, L;to ~.r) lftlat he was the. option holder of the property and was repre- .
senting Mr. and Mrs. WuetIg and Mrs. Bacher and that Mr. Brune was speakIng
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for them also. He said that part of the reason for rezoning was the
fact that it had become impossible to live along Wadsworth. .
Robert 5onheim, Attorney, representing the church body of the Holy
Cross Lutheran Church at 45 Avenue and Wadsworth~ Be. emphasized that
the church and the congregation agreed to sell to Mr. McVicker a portion
of the church property now used for parking but that the church took no
posicion on the rezoning. It was neither for nor against the rezoning,
and that the church body "is interested only in preserving adequate
parking if the properl,y is developed."
Mr. Robert Barr, Planning Technician, stated that the Planning Commission
recommended approval for the following reasons:
1. It isIReeping with the rest of the community.
2. It follows the Comprehensive Plan for Jefferson County.
3. It is good zoning for their proposed purpose.
4. It will benefit the community because the applicant will
dedicate a land strip for use on 44 Avenue.
5. There will be no appreciable negative effects on hearby
residential zoning.
6. Traffic access due to 44 Avenue and Wadsworth Blvd. will
not be appreciably increased.
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, Clyde Hobbs, Aasi qt;o'nt [i tv Enginoor, repurted that a drainage study is
not complete. A 36 inch storm drain exists down Wadsworth, but the
invert elevations have not yet been established because of diff~culty
in locating manholes, some of which are underground. Drainage system
to the North is partly a 6 inch line going into a manhole, a line which
crosses the Holy Cross Church property and surfaces at an open ditch
farther northo
Kent Landmark of the Wheat Ridge National Bank uf 7565 West 44 Avenue
stated that the bank will be a new, nice looking, single story structure
with aesthetic appeal. That there would be wider traffic lanes, better
ingress and egress and drive-in windows.
Lyle Fisher of the Village Inn Pancakehouse said the pancake house building
would be prototype that it would be owned and operated by the parent
company and would seat 165 persons. There would be landscaping, that
it would be a credit and convenience to the people in the neighborhood,
there would be a dining room atmosphere, no counter, no carry-out, and
no liquor.
People speaking against the rezoning were:
Sam Sampson of 7451 West 45 Avenue who presented notorized
petitions which he said contained names of 100% of the people adjacent
to the property in question.
John Colvin of 4530 Vance
Laurence Murkl of 4550 Wadsworth who was opposed from standpoint
of the drainage problem, but felt a rezoning might eventually enable him
to sell his property.
Robert Ervin of 7491 West 46 Avenue.
Jerry Jacques engineer, of 4541 Upham.
Ike Kaiser, attorney of 3905 Balsam.
Earl C. Liston of 4521 Vance.
Pat Samson of 7451 West 45 Avenue, and
Phyllis Jacques of 4541 Upham.
Reasons among those of people opposing the rezoning were:
10 There is land already paved, available South of 44 Avenue.
2. Drainage problems would be created and/or increased by
additional blacktop and buildings.
3. 100% of the adjacent property owners are opposed.
40 An additional traffic lane on Wadsworth will cause three lanes
instead of twu to funnel into one - West of Vernis Restaurant.
5. Difficulties of ingress and egress.
6. The probability that the remaining parcel of Residential-Two
land would be rezoned commercial because its dimensions preclude other uses.
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7. A better plan might be evolved which could allow devel-
opment and still protect property owners to the East.
8. Devaluation of residential property.
9. Increase in traffic, including truck traffic would be
routed through residential areas.
10. Weight of trucks on Vance Streeto
11. Difficulty in making left turns, both into and out of the
shopping center.
12. Parking problems now affecting neighbors near the church
on Sundays, would exist all week.
13. Height of buildings would limit view of residents to the
East. Thirty-nine foot height of poles with mercury vapor lights would
be unattractive.
14. The reasons for recommendation of approval listed by the
Planning Commisslon.
15. A "drive-through bank is the busiest corner in town."
16. The complicated street pattern now necessary for drivers
and for ch~ldren walking to school.
17. The unlikeliness that additional traffic signal lights would
be allowed, and
18. The desire to discuss with Safeway a "more equitable plan."
Motion by Alderman Bowling: "I move that Rezoning Case WZ-70-31 be
decision to be rendered at the February 11, 1971 Council Meeting."
was seconded by Alderman Donaldson and passed 6-0.
tabled with a
Motion
The Treasurer's Report was given by Treasurer James O. Malone. Report
indicated that 97% of anticipated revenue for 1970 had been received
and 80% of appropriations had been spent.
Resolution No. 106 was introduced by Alderman Donaldson.
Motion by Alderman Pepe: "I move that Resolution No. 106 pertaining to
withdrawal of funds from Silver State Savings be adoptedo" Motion was
seconded by Alderman Bramble and passed 6-0.
Street Vacation WV-70-7 came up for hearing.
Mark Benson of 7639 West 39 Avenue, Secretary of Mermar Corp. requested
the vacation of a pedestrian walkway because "it's not used, it's there,
it's a problem and it doesn't accomplish anything." Also that there
was a property line dispute on the west boundary where the walkway waso
Mr. Hobbs stated that a letter from the R-1 Schouls suggested that the
city retain the walkway until a later date.
City Attorney Fox stated that a legal matter was involved upon which
Council had no right to ask and recommended that the proposal be defeated.
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Ordinance No. 75 pertaining to vacation of a pedestrian walkway in
Applewood Ridge Subdivision was introduced by Alderman Howard and reado
Motion by Alderman Howard: "I move that Ordinance No. 75 be passed on
first reading and be published and posted." Motion was seconded by Ald-
erman Hulsey and was defeated by a vote of 1 to 5 with Alderman Pepe
voting "aye."
Mr. Benson recommended that the City e~entually have a coordinated walkway
plan.
Motion was made by Alderman Hulsey and seconded by Alderman Bramble"that
the meeting be adjourned." Motion was defeated 3-4 with Aldermen Bowling,
Howard and Peps and Mayor Anderson voting "nay."
Motion by Alderman Pepe: "I move that Ordinance No. 74 be amended in
the following manner: Section 3. Effective Date. be changed to the
following on second reading: 'Ti",is ordinance shall take effect and be
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in force five (5) days after publication following final passage pro-
viding it shall have been passed by an affirmative vote of three-fourths
(3/4) of the members of the City Council; otherwise said ordinance shall
take effect thirty (30) days after publication following final passage.'"
Notion was seconded by Alderman Bramble and passed 6-0.
Motion by Alderman Pepe: "I move that Ordinance No. 74 pertaining to
a street vacation be passed on second reading and be published and
posted." Motion was seconded by Alderman Bramble and passed 6-00
Motion by Alderman Bowling: "I move that the Public Works Department
be authorized to award the contract for the street rehabilitation
projects to the low bidder, Asphalt Paving Company, at the bid opening
that was held in the Public Works Department on December 14, 1970 at
10:00 a.m. and that the contract be awarded for the following projects:
1. 29 Avenue - Pierce to Teller, Project No. 461-29-23 (C) (70)
2. Vivian Street - 32 Avenue South to 31 Place, Project No.
461-V-18 (C) (70)
3. 32 Avenue - Kipling to Wadsworth - Project No. 461-32-15
(C) ( 70 )
(C) (70)
(C) (70)
4. 32 Avenue - Wadsworth to Sheridan - Project No. 461-32-14
5. 44 Avenue - Clear Creek to Wadsworth- Project No. 461-44-11
60 44 Avenue - Wadsworth to Harlan - Project No. 461-44-11
(C) (70).
The above projects will be funded out of account number 461 for a maximum
amount of $32,755.50." Motion was seconded by Alderman Howard and passed
6-0.
I~eeting was adjourned at 12:10 a.m.
~d~
Louise F. Turner
City Clerk
I\pproved
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I HEREBY CAST AN AFFIRMATIVE VOTE IN FAVOR OF THE RESOLUTION
COMMUNITY THROUGH THE EFFORTS OF THE WHEAT RIDGE YOUTH
SUPPORTING AND ENCOURAGING THE EFFORT TO BETTER SERVE THE
ACTION ASSOCIATION, lSJIi9LEJ5IfJ1'I TilE:': 1<iE;je li!Ii Tile I"l~L,- nml'\U
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Date
Dana L. Bowling
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