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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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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. /,,~--, ?' -T~" , ::;>\:'>)-40--"-' ,_.:;;7' _c-d-?'c_ "t--:r-Lk:'-t' Louise F. Turner City Clerk .- Ji'l - / _...i-.. -- , ,