HomeMy WebLinkAbout11/21/1972
MINUTES
November 21, 1972
The one hundred and eighty-third regular meeting of the Wheat Ridge
City Council was called to order at 7 40 p.m. at 7390 West 38 Avenue
by Mayor Albert E. Anderson.
Aldermen attending were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson,
Robert Howard, Calvin Hulsey and Ray Pepe.
Also attending were Mayor Albert E. Anderson, City Clerk Louise Turner,
City Attorney Maurice Fox, applicants and their representatives present
for hearings and interested citizens.
Citizen Comments were made by
Tex Junker of 4615 Swadley who stated trucks were unable to
negotiate turns from 1-70 Service Road onto side streets in bad weather
and requested "No Trucks" signs at Kipling.
Dr. David T. Snow of 11155 West 40 Avenue who made comments
on the City Hall site acquisition. He said, though it is being said
that the site is not within the 1% Flood Plain that it is within the
limits of the "Standard Project Flood" and subject to the hazards as
in the Flooding in 1965. He said this is not the proper place for
a "sensitive structure" such as a City Hall which would be the nerve-
center with communication etc. in time of disaster. He mentioned the
possibility of inaccessibility in case of damage to the bridge on 44 Avenue
and problems not presently solved which resulted in the washing out of
the Georgetown dam. He advised against the City's investing in this
particular piece of property.
Renewal of licenses was considered for the following liquor and beer
es tablishments.
1. Hillcrest Liquors of 4403 Wadsworth Blvd - Ronald E. Graebing
of 3365 Zephyr Court, owner was present. Police report indicated no
violations and no one other than the applicant appeared.
Motion by Alderman Pepe "I move that the package liquor store license
for Hillcrest Liquors at 4403 Wadsworth be renewed." Motion was seconded
by Alderman Howard and passed 6-0.
2. Club Corner Bar and Nite Club at 6551 West 44 Avenue - H.
Jim Wurm of 777 Ash, Denver, owner was present. The license is a 3-way
extended hours. Police report indicated a parking lot disturbance on
February 28, 1972 and a man at the bar drinking at 2 15 a.m. in December 1971.
No one other than the applicant appeared. In answer to questions it was
established the the bartender working on 2/28/72 was no longer employed
and that the business had not been sold. No charge had been filed.
Motion by Alderman Pepe "I move that the 3-way license with extended
hours for Club Corner Bar and Nite Club at 6551 West 44 Avenue be renewed."
Motion was seconded by Alderman Hulsey and was defeated 4-2. Aldermen
Donaldson, Howard, Abramson and Bramble voted "nay."
3. Los Panchos of 6351 West 44 Avenue - Beatrice Juarez of 79
South Harlan, Lakewood - President and Olga Sepulveda, Vice-President of
Los Panchos Inc. were present. The license is a Class F - beer and wine.
Police report indicated no violations.
Motion by Alderman Howard "I move that the beer and wine license for
Los Panchos Inc. dba Los Panchos at 6351 West 44 Avenue be renewed."
Motion was seconded by Alderman Hulsey and passed 6-0.
4. Carefree Restaurant and Lounge at 4990 Ward Road - Mrs.
Frances Blickenstaff of 5300 Ward Road, owner was present. Police check
indicated no record of violations and no one other than the applicant
appeared. In answer to Alderman Howard's question as to additional light
in the parking lot, Mrs. Blickenstaff said Coors is supposed to put one up.
MINUTES - November 21, 1972 - Continued
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Motion by Alderman Hulsey, seconded by Alderman Donaldson and passed
6-0 "That the 3-way liquor license for Carefree Restaurant and Lounge
be renewed."
5. Rockette Bar at 10005 West 44 Avenue - Harry Belstock
of BBO Cherry, Denver, owner appeared. The police report indicated
no violations and no one else appeared. Asked by Alderman Howard
if he felt the parking lot had sufficient light, Mr. Belstock answered
he felt the lighted sign plus neon around the building was sufficient
light, he added that the flashing light formerly used could no longer
be used.
Motion by Alderman Bramble "I move that the 3-way liquor license
for Rockette Bar at 10005 West 44 Avenue be renewed." Motion was
seconded by Alderman Hulsey and passed 5-0.
6. Swiss Society of Denver at 4850 Wadsworth Blvd. - Eugene
Padon of 2369 Bell Court, Lakewood, and Vice-President Jim Haas of 4530
Holland were present. The police report indicated no violations.
Motion by Alderman Donaldson "I move for approval of the
the 3-way liquor license for the Swiss Society of Denver."
seconded by Alderman Hulsey and passed 6-0.
7. Caravan West at 11221 West 44 Avenue - Joseph H. Sigman
of 7167 East Wyoming, Denver - President, and Harry A. Sigman of 4525
West 26 Avenue - Manager were present. Five suspected or reported incidents
listed on the police report were discussed and it was established that
nothing had been substantiated that would constitute a violation.
Alderman Abramson asked that whether or not a charge has been substantiated
should be written on the report.
renewal of
Motion was
Leland V. Stewart stated the parking area needed changes made for safety
of cars going by.
Motion by Alderman Pepe "I move that the Class "G" license with extended
hours for Caravan West at 11221 West 44 Avenue be renewed." Motion was
seconded by Alderman Abramson and passed 5-0.
8. The Twenty's Restaurant at 10151 West 25 Avenue - Norman
Markel of 3302 Vivian Drive, president was present. The police report
indicated no violations and no one but the applicant appeared.
Motion by Alderman Abramson, seconded by Alderman Donaldson and passed
5-0 "That the 3-way liquor license with extended hours for the Twenty's
at 10151 West 25 Avenue be renewed."
9. HollV West at 3490 Youngfield - George Apostolakis of
2200 South Ogden, Denve~President was present. The police report
for 1972 indicated officers had been called February 12, 1972 when
a man had passed out at the bar. Mr. Apostolakis said the officers
were called by the management.
Motion by Alderman Abramson, seconded by Alderman Pepe and passed 5-0
"That the renewal of the 3-way license with extended hours for Holly
West at 3490 Youngfield be approved."
10.
Harkness Jr.
indicated no
Paramount Pharmacy at 10041 West 25 Avenue - Thomas H.
of 5551 Everett, Arvada, owner was present. Police report
violations and no one but the applicant appeared.
Motion by Alderman Pepe, seconded by Alderman Abramson and passed 5-0
"That renewal of the drug store liquor license for Paramount Pharmacy
be approved."
11. Ridgeview Inn of 4455 Garrison Street - Peter Hellerman
of 13155 West 23 Avenue, owner was present. Mrs. Hellerman was also
present. Police report indicated officers had found people in the
building after 2 00 a.m. Mr. Hellerman stated people often stay for
breakfast after dances, but that all alcohol is taken off the bar before
2 DO a.m.
MINUTES - November 21, 1972 - Continued
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Motion by Alderman Howard, seconded by Alderman Pepe and passed 6-0
"That the Class "G" liquor license at Ridgeview Inn at 4465 Garrison
Street be renewed."
12. Ridge Drug at 5395 West 38 Avenue - Calvin Johnson of
4255 Everett, president of the corporation was present. The police
report indicated no violations and no one else was present.
Motion by Alderman Donaldson "I move for approval of the liquor
license for Ridge Drug at 5395 West 38 Avenue." Motion was seconded
by Alderman Hulsey and passed 6-0.
13. Seven-Eleven Store at 6595 West 44 Avenue - Teresa
Lynch of 3225 Pierce, store manager and Kurt Koski of 4670 Everett,
Area Supervisor were present. Police report indicated no violations
and no one else was present.
Motion by Alderman Howard "I move that the 3.2% fermented malt beverage
license at Seven-Eleven, 5595 West 44 Avenue be renewed." Motion was
seconded by Alderman Donaldson and passed 5-0.
A Preliminary Hearing for transfer of ownership of the 3-way license
of the Lost Kniqht Lounge from Joan Padian Shaw to John David Shaw
was held. Mr. Shaw was represented by Attorney Jay G. Colby. Mr. Colby
said the transfer was set out in a court order and that no date was
set and that it could be in conjunction with renewal of the license
on January 1st, 1973.
Motion by Alderman Pepe. "I move that a Public Hearing be set for
December 14, 1972 for transfer of ownership of the Lost Knight Lounge."
Motion was seconded by Alderman Donaldson and passed 5-0.
WZ-72-23 Rezoning Case was heard. Henry and Zelma Fightmaster requested
a change from Agricultural-One to Planned Residential and Commercial
Development for multiple units and commercial at 44 Avenue to 45 Avenue
from Simms to Swadley Streets on 3.27 acres.
Robert Barr of the Planning Department stated
1. The property had been properly published and posted.
2 The people who appeared at the Planning Commission hearing
were For - Mr. Fightmaster, and Attorney Meyer, Against - Gerald
Birney, Tex Junker, and nine others.
3. Land Use Plan shows high density 0-21 units per acre.
4. Access is from West 44 Avenue - the west 20 feet serving
as one lane of traffic. Twenty feet west of the property was thought
to have been dedicated, but no deed had been found.
5. The other 55 foot strip on West 44 Avenue would be for
Commercial-One and Restricted-Commercial-One buildings, and the remainder
of the property to the north is residential.
5. The driveway does not continue through to 45 Avenue.
7. Zoning to the east and west is agricultural and to the
north is Residential-Two.
8. The Planning Commission had recommended denial because
a. It didn't comform to the major development pattern
in the neighborhood.
b. Traffic access and egress were not adequate.
c. It would cause an undue concentration of population, and
d. Commercial area parking was not adequate.
Applicant Herbert Fightmaster was present and was represented by Attorney
Peter Meyer. Slides were shown by Architect Joseph Wilson showing the
plan of the commercial and residential, landscaping, type of construction
etc.
Architect Joseph Wilson stated.
1. The agricultural area is rapidly developing, there is pasture
to the east and west and there are duplexes to the north.
2. Complex would be high quality apartment complex with a
30 foot buffer zone around it.
3. There would be a "U" shaped building, two levels with a
highly developed courtyard.
MINUTES - November 21, 1972 - Continued
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4.
5.
6.
7.
8.
9
10.
building and
11.
balcony, one
balcony.
There would be curb and gutter on all dedicated 5treet5.
Completion would be in 1974.
Two offices would comprise 12,000 square feet.
Parkway would pre5erve the existing trees.
Nineteen percent of the area would be street5 and drivewaY5.
Forty-eight percent of the area would be open space.
There would be 128 parking spaces under the apartment
47 for commercial.
Construction would be brick, each unit with its own
or two bedrooms and 1,000 square feet not counting the
12.
The design was for minimum impact.
Mr. Meyer stated the plan originally had called for Swadley Street to
go through to 46 Avenue but had been changed because of citizen concern
for traffic emptying into 46 Avenue.
Mayor Anderson said streets didn't meet the 50 foot mlnlmum required
in the Subdivision regulations. Mr. Wilson said 50 feet could be provided,
but had been drawn to preserve trees.
Mr. Meyer said
1. 59 units were the appropriate number but it could be
modified to 50.
2. The fire department had recommended placement of hydrants.
3. Swadley had been used for access because applicants didn't
own the area for Simms Street and existing buildings would be too close
to the street if Simms were put in.
The adequacy of parking, dedication of parkland and desirability of
an additional street were discussed.
In summary Mr. Meyer stated That Freman Rader at the Planning Commission
meeting had explained that apartments arB the least burden, that low
density development is a tax drain, that single houses have more children,
that Wheat Ridge is growing and the demand for units will continue, that
there must have been reasons it was established as a high density area,
that the plan was desirable and would have the least possible impact
on the ecology.
Speaking in opposition were
Tex Junker of 4615 Swadley (across the street to the north)
presented petitions with 164 signatures. He said 73 of the 75 in the
immediate area had signed against it. He said
1. Zoning of Residential-One or Residential-Two would have
been proper with singles or doubles.
2. There were sufficient units in the area and additional
ones lowered the value of houses, increased the load on the schools
and increased danger for the children.
3. That a change in the Land Use Plan should have been requested
in that area.
4 That some of the people interested had gone home and others
had not been able to come.
Alderman Abramson requested that the Planning Department determine
whether or not owners of 20% of the land to the north had signed.
Leslie Wilson of 4675 Swadley Street expressed opposition to continuation
of Swadley because of trucks coming into a residential area representing
a danger to the children.
Claudia Wirth of 4650 Oak who said
1. She objected to the plan, to the height and the density.
2 That at the moment Fruitdale School was not overloaded
because of a recent addition, but it soon would be because of the added
apartments and doubles.
3. Over 700 apartments had been approved in the past year,
between Clear Creek and 1-70 and west of ~ipling to Voungfield.
MINUTES - November 21, 1972 - Continued
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4. Area residents moved out of an apartment area, bought
here because there were single family houses on ~ acre lots with room
to breath, space between homes and no teenage problems. They had never
dreamed of apartments in thE area, but after a year of the Land Use
Plan found they were in the middle of a developers dream for high density.
She stated that the compressing of such large numbers into a nine square
mile area is making a future urban renewal area. She referred to the
large density developments on Miller Street both north and south of
44 Avenue with their addition to traffic and the added dangers to the
children who walk to school from the Union Oil Trucking Stop also on
West 44 Avenue.
Six people were present favoring and six Were present in opposition to
the Planned Development.
Motion by Alderman Abramson "I move WZ-72-23 be tabled for decision to
be rendered December 7, 1972 during the normal course of the Meeting."
Motion was seconded by Alderman Hulsey and passed 6-0.
WS-72-04 Final Plat of Fruitdale Valley Resubdivision was presented.
Frank Callahan and Attorney David Deuben were present.
Mr. Barr of the Planning Department stated
1. That this involved the vacation of an old plat which had
been heard before.
2. Only the applicants had appeared at the Planning Commission
Hearing.
3. The zoning is Residential-Two.
4. All lots but one can support doubles.
5. All Planning Commission requests had been met.
6. Area is 9.609 acres.
David Deuben, attorney of 4315 Wadsworth said Mr. Callahan had power
of attorney from the landowners to develop for them an agreement with
Brown & Baugh Ditch in the file and that all City requirements had
been met.
Frank Callahan of 7020 West 38 Avenue said
1. This was a replatting of Fruitdale Valley Subdivision and
the new plat provides for better access and control of traffic.
2. There would be 24 doubles and 1 single and that there was
an existing building on Lot 22.
3. Density would be 50 units for 9.6 acres or 5.2 per acre.
4. That the utilities from this area might in the future
Serve the area to the east.
5. That there Were only 7 children in the 20 units to the
west.
6 That the cost of improvements in a subdivision is $54.00
per foot for curb and gutter, street lights, storm drain etc., amounting
to approximately $6800.00 per site and making it impractical for single-
family houses to be built.
Motion by Alderman Howard "I move
Valley Resubdivision be approved."
Abramson and passed 6-0.
that the final plat of Fruitdale
Motion was seconded by Alderman
WE-72-01 Excavation Case was heard. Lee Sand and Gravel had requested
a six month permit to extract gravel at 12100 West 44 Avenue.
Mr. Barr stated there had been concern that wells in the area might go
dry and that the Planning Commission had recommended that approval be
granted with stipulations which it layed out regarding diking and emergency
aid He reviewed the outlined rehabilitation of the area.
Benjamin Loye of 3785 Marshall said residents in the area had been concerned
that the water in their wells might go down and the answer is to dike it and
if the water is cut, cease operation until the water comes back. He said
it will be a holding pond for Coors and the slope will be landscaped.
Mr. Eschel stated that the slope would be 2-1 and fenced, that there
MINUTES - November 21, 1972 - Continued
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would be a series of control lakes with a low water dike between
lakes and ttla t maximum depth would be 36 feet. He said working hours
would be 7 DO a.m. to 5 00 p.m. and they would ask that work not be
done on Saturday so close to people.
Motion by Alderman Abramson
be granted because
1. Lee Sand and Gravel has provided
the proposed new topography for the land to be
2. Lee Sand and Gravel has proposed
"I move that WE-72-01, a six month permit
the City of Wheat Ridge
excavated.
this as a site for a
lake.
3. Lee Sand and Gravel has proposed appropriate diking and
emergency aid measures.
4. The Planning Commission has recommended approval.
5. A lake at this site is deemed appropriate for the City
of Wheat Ridge." Motion was seconded by Alderman Donaldson and passed 6-0.
Ordinance No. 119 was brought up for second consideration and the title
read.
Motion by Alderman Pepe, seconded by Alderman Hulsey and passed 5-0
"That the Clerk dispense with reading the remainder of the Ordinance."
Motion by Alderman Howard "I move that Ordinance No. 119 (pertaining
to a street vacation WV-72-03) introduced by Alderman Hulsey be passed
on second reading and be published and posted." Motion was seconded by
Alderman Hulsey and passed 5-0. Alderman Pepe abstained because he
had not been present at the hearing.
Ordinance No. 120 was brought up for second consideration and the title
read.
Motion by Alderman Abramson, seconded by Alderman Donaldson and passed
6-0 "That the Clerk dispense with reading the balance of the Ordinance."
Motion by Alderman Abramson "I move that Ordinance No. 120 (Pertaining
to vacation in ~arelin Subdivision) introduced by Alderman Donaldson
be passed on second reading and be published and posted." Motion was
seconded by Alderman Hulsey and passed 5-0. Alderman Pepe abstained
because he had not been present at the hearing.
Resolution No. 195 pertaining to settlement of a damaged light pole was
introduced by Alderman Donaldson and read.
Motion by Alderman Donaldson "I move that Resolution No. 195
be approved." Motion was seconded by Alderman Abramson and passed 6-0.
Ordinance No. 117 pertaining to positions and pay was not considered
because of the hour.
Meeting was adjourned at 12 40 a.m.
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Louise F. Turner
City Clerk
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