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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 Bramble, and Hulsey requested a week to study the matter Resolution was withdrawn.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 ~ -2- 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 / f)'I? / -3- 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. /':::'-/~{.;z..-c rt:-v'i..'" c-/:::- /).., -1~/< /_/"....:: ;t"S , 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. .. -4- 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. ~(,.-'r. 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 -5- 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 _. ) ,-" / , -) -) ./ /' / / / / STATE FARM . ~ INSURANCE", DANA L, BOWLING Agent Auto - Life - Fire and Casualty ~<:2,5,'- /?/ c:p~1J 1 3. ;. 6 9655 IV Colfax Ave Lakcwood, Colorado 80215 Phone_ njf 2J8-JiOl Res 238-"747 .1'-4 'I:'; J1 drrliC'....d1t E. L.. "!.'~\;nf' ....n;J. ;iL.-..~..b\,ortL Fru01 :'~Onl.ll cf 1-'" ' .\-L 0-1 ~ '1. 1 v-...:-. I vc)"'c,e .;. \,1' f" ~\,..' ~ f'rJ\ <.~1 (~' tLiL ~.'e '-' ,:1'1 ;1'" l.e; "i'JC ~ i: ':' t: P r () 11 'Jlt.! ~.. n .l'Cl..1. ,:)nt: ~. . Tl..ie p~l[ ..,i~l." ~'on~~)~.'f'~~("1f j.vP I:-J.c-...n reCD'11';~t;r:......t:. I~I.) 't~--lPrcial l..,~n.i..:1 . .t l....:.!1i~in v..,) i~.~:j 0::' r'!:~L'1 iLlcr: do: ie~_nln~ l'P~~I~~~. "- . (;1. .. r [."w1 1 L J .,_ "'" " 'f i 1 - " ,) - . ...'~ ... \. (., . <)!- '..- ll.~nu.. " ~.;. 1 l l!e~_ t JiG..~: i l)ll~ ~L..' e ~) t" t ~.if ,-1~'C'~,-~.~ .....1) l;:E rcil.Ll.. .in ;.,:.f:c..... 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'1f' f3 ~) n ~ ;,_ t 11 Lf L t 1.. .....,r;--. a ,L _l (.<..... 1. ~ _"1:; + ;)1 ",~. e 1<:.' Ul(l 1 e Ip in.,t)l.cve tr~.fl'ic fl01t. d.1,..... incr.e .FP tie t-;ci..fet"v f(:',.etoT'. ( , I \ --j 'l _~'L.-/~~- / (~:/ / / '-' " I '- d ;"!i(' ,-:/1 J 1 L ;:J- J/- -7/ v 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 - ~: ~ni. n M E\. 1 J/ L / "-- / / / /L-{{."( 7\ Date Dana L. Bowling / -~ ') C/Y "c:: -=-- / ~;;7///