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HomeMy WebLinkAbout05/10/1973 MINUTES May 10, 1973 The two hundred and first regular meeting of the Wheat Ridge City Council was called to order at 7 35 P m. at 7390 West 38 Avenue by Albert E. Anderson, Mayor. Aldermen present were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Others present were Mayor Anderson, City Clerk Louise Turner, City Treasurer James Malone, City Attorney Maurice Fox and interested citizens Mo~~n by Alderman Donaldson, seconded by Alderman Abramson and passed 6-0 "That the Minutes of May 3, 1973 be approved and not read " Motion by Alderman Donaldson, seconded by Alderman Cavarra and passed 5-1 "That the Minutes of April 25, 1973 be approved." Alderman Howard voted "nay." Citizen Comments were made by ---1fobert vidIck of the Park Commission who said the Park Commission was there in force to urge the Council to preserve the Sod House on 46 Avenue and Robb Street. He commended the Council for leadership in Greenbelt acquisition and reflected on citizen and group activities held to raise money for the purchase. He asked that Council authorize the payment of $25,500.00 which would buy the house and lot plus an adjoining lot He said Bureau of Outdoor Recreation (B.O.R ) matching funds on another piece of ground would be coming and asked that they be earmarked for the Parks Special Fund He added that funds from subdivisions are available and must be spent in that area In answer to a question by Alde~~a~__~oward, Boyd Kraemer said the Historical Committee had been unable to take an active part in the drive because it was involved in writing a second booklet. Motion by Alderman Howard "I move we direct the Park and Recreation Department to submit all necessary information for Council to take action one week from tonight-" He said the amount was higher than pre- viously given and a breakdown should be given to Council. Motion was seconded by Alderman Pepe. Aldermen Donaldson and Huls~ asked immediate action, stating Mr Callahan who waslJrElsent owner of the Sod House needed a commitment by May 15, 1973. BoVd Kraemer explained the lot with the house was $19,500 DO and the adjoining lot which could be covered by subdivision money on hand in the bank was $7,000.00 Question was called and Motion was defeated 5-1. Alderman Howard voted "aye " Motion by Alderman Hulsey "I move that the City establish that it intends to purchase the Sod House and the adjoining lot No. 18 at a price not to exceed $25,500.00. The money is to come from the Special Park Fund and the City Attorney is to inform Mr. Callahan" Motion was seconded by Alderman Donaldson and passed 6-0 W C Miller of 3905 Eaton Street who asked that the attention be given by the City to a long standing drainage problem affecting five houses including his He stated that these houses received the water from 38 Avenue from Chase Street to Harlan Street and some from 37 Avenue ca~sing yard flooding and basement seepage occurring after even small rains, not just in major storms, and the problem has been made worse bV the building of four new large apartment buildings so that evervthing is roofs and asphalt. He said he had appeared a year ago, and also that Public Works has checked it often. MINUTES - May 10, 1973 - Continued -2- Comments were made by Council regarding other bad and worse areas, the possibility that a bond issue might be necessary and that a drainage study is in process. In response to a question by Alderman Cavarra as to whether or not short term relief could be provided for Mr. Mil18rls area, Mayor Anderson said a comprehensive plan was needed Alderman Abramson expressed appreciation to the Jaycees and other volunteers who" helped during the Sunday storm. Amos Leaf of 2845 Chase Street who asked that the Council personally look over the area which is presently proposed for mass rezoning which includes where he lives He said residents want the area changed for the better not worse. Marie Brovsky of 5495 West 27 Avenue referred to the same rezoning and asked that Council not approve it. She asked that Council inspect her property (5 acres) which her parents had had for 42 years. Walter Leavitt of 3255 Marshall Street who said Rocky Mountain Ditch goes over every 3 or 4 years, that he had had $700 DO damage from the storm, that this year areas received damage that hadn't before and that the ditch needs dredging and culverts that can handle the water W.L. Harrison of 3620 Marshall who said he had lived there 23 years and that he could remember when a bond issue was badly voted down, that if there is to be one it should receive proper publicity. ~ancy Snow of 11155 West 40 Avenue who said that the City is not responsible for the water problems, and that people could and should sue the persons responsible and that the could win John Lovelace of 22 Skyline Drive who presented petitions with 55 names requesting that the City provide an open area for use of motor bikes and other motorized vehicles He presented pictures of motor bike trails in the Greenbelt and said a designated place is needed if greenbelt use is to stop, especially when the recently passed law pertaining to use on privately owned vacant land goes into effect. Alderman Abramson stated that petitions with 75 additional names had been turned in prior to the meeting. Alderman Pe~ recommended that Mr. Lovelace report to the Citizens Task Force group and Alderman Hul~ stated that he appear before the Park Commission. The petitions are on file in the General File under "Motor Bikes etc " Elizabeth Abramson of 3042 Mtn Shadows Drive who stated that Council had not only not built houses in the Flood Plain but had tried to prevent such building, that people should know that the Mayor and members of Council had been instrumental in averting a tragedy and that the people of Wheat Ridge should thank them for their efforts during the storm Motion by Alderman Pepe "I move that the City Treasurer be authorized to extend the term of the $100,000 DO Certificate of Deposit held by Jefferson Bank and Trust for 60 days, from May 16, 1973 to July 15,1973 with interest payable at the rate which is not less than the present rate of 6 1/8% per annum" Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Donaldson "Whereas, flood conditions in the City of Wheat Ridge on May 6, 1973, may have damaged certain drainage structures within the City, and Whereas, the City of Wheat Ridge is concerned with the safety of residents and the traveling public, and Whereas, IIhlenfeldt- Peterson Associates - Structural Engineers' is a firm qualified to perform inspection of drainage structures. I therefore move that Mayor Anderson MINUTES - May 10, 1973 - Continued -3- be authorized to engage 'Ihlenfeldt Peterson Associates - 5tructural Engineers' for the purpose of inspecting said structures (4 major and approximately 12 minor) and submitting reports concerning status of same, provided that expenditure for this service shall not exceed $500 DO to be drawn from Account 432 52, Drainage Maintenance" Motion was seconded by Alderman Abramson and passed 5-0. Rezoning Cas~Z-73-.02 came up for decision. Motion by Alderman Howard "1 move that Case WZ-73-02 at 4585-95 Wadsworth from Restricted-Commercial-One to Commercial-One be approved for the following reasons 1 The high traffic volume makes the area unsuited to low density residential as is shown on the Land Use Plan. 2. The request is reasonable. 3 The majority of the surrounding property Motion was seconded by Alderman Hulsey and passed owners favor the rezoning." 4-2 (Ald. Cavarra & Donaldson voted f1nay ") Rezoning Case WZ-73-04, a Preliminary Industrial Plan for Fox and Assoc , came up for decision Motion by Alderman Hulsey "I move that Case WZ-73-04, Fox and Associates at 4755 Independence from Industrial to Preliminary Industrial Plan be approved for the following reasons 1. It conforms to the Land Use Plan. 2 The Planning Commission recommended approval. 3 It creates no additional traffic in the area" seconded by Alderman Cavarra Attornev Fox in answer to Alderman Howard said the variance, previously granted by Adjustment would continue. Motion passed 5-0 Motion was a question from the Board of WZ-73-05 Rezoning Case came up for decision. Motion by Alderman Cavarra "I would like to move for denial of Case WZ-73-0S for these reasons 1 There is no need for additional commercial zoning in the area The Finance Officer stated last week that there has been no loss of sales tax revenue due to the closing of two stores. This project could not be of sufficient size and scope to attract outside business. There are large areas of unoccupied commercial structures in the City and in the surrounding neighborhood There are large amounts of undeveloped commercial land in the City Therefore, I believe approving more commercial zoning could discourage the type of business we would like to see from moving into existing buildings, and this could be extremely detrimental to the City as a whole. 2 The proposed development would create a traffic problem 3 I concur with the Planning Commission's recommendation that ap- proval be given if the Commercial-One portion is changed to Restricted- Commercial-One The applicant stated that he had been approached by one company for offices if he had the zoning and was ready to begin development, this property should be desirable for the location of an office complex because of its proximity to the interstate" Motion was seconded by Alderman Abramson. Alderman Pepe stated revenue shouldn't be considered, the Planning Com- mission's comment didn't constitute disapproval and commercial and the applicant's plan would be the best use of the land. Alderman Abramson said the Planning Commission had recommended disapproval and the residents of the area, though living outside the City, almost unaminously disapproved and Council did not have the right to force commercial "down their throats" and should not go against the Planning Commission's recommendation. Question was called and Motion was defeated 4-2. Aldermen Abramson and Cavarra voted "aye " MINUTES - May 10, 1973 - Continued -4- Motion by Alderman Donaldson "I move for approval of the zoning change of Case WZ-73-0S because 1 It abuts an interstate highway with a high noise level 2. The immediate area east is developed to use for commercial. 3. The area to the north is used as industrial 4 The protesters did not present any evidence to necessitate the invoking of a 3/4 majority rule" Motion was seconded by Alderman Pepe Alderman Abramson said the fourth point was not proper. Motion passed 4-2 with Aldermen Abramson and Cavarra voting "nay."(SEE ATTACHED SHEET FOR CORRECTION ADDI- Continuation of th~Public He~ri~on Annexation No.3 was held. TION) Martin Miller, attorney for the applicant asked that all evidence presented for the rezoning be under consideration for the Annexation because iT was pertinent and cumulative Resolution No. 224 pertaining to the annexation of the property was introduced by Alderman Donaldson and read Motion by Alderman Pepe "I move that Resolution No. 224 be adopted " Motion was seconded by Alderman Howard. No one appeared to speak in opposition Alderman Abramson stated he would vote "nayl', that the Motion granting the zoning was in error, that the 3/4 vote should have been invoked and that matter was open to a court suit. Motion adopting Resolution No 224 passed 4-2. Aldermen Abramson and Cavarra voted "nay." Resolution No. 225 pertaining to the rezoning of the annexed land was introduced by Alderman Howard and read Motion by Alderman Howard "I move that Resolution No 225 be adopted " Motion was seconded by Alderman Donaldson. Alderman Abramson asked if the land would still be annexed if the rezoning were denied in court. Motion to pass Resolution No. 225 passed 4-2. Aldermen Abramson and Cavarra voted "nay." Ordinance No 129 pertaining to the rezoning and annexation of the land was introduced by Alderman Donaldson and read. Motion by Alderman Howard "I move that Ordinance No. 129 as introduced by Alderman Donaldson be passed on first reading and be ordered published and posted" Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Abramson and Cavarra voted "nay " A 3~Wa~quor License for Denyer Inn West Inc came up for decision. Motion by Alderman Abramson "I move that the granting of a 3-way liquor license for Denver Inn West, Inc dba Red Carpet Inn be approved because evidence indicates people are in favor of it and it was demonstrated by the applicant that he is creating a new clientele and therefore a new neighborhood and there was no opposition" Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay" A Public Hearing was held for the transfer of ownership of a 3-waV license for Venetian Night Club and Lounge. AtJ;~r~ale Helm represented the applicants. Francis X. Lynch was sworn in and stated 1 Venetian West Inc. was a Colorado Corporation. 2. That he was President and sole stockholder 3. That the other officers of the corporation were Pat Eberly - Secretary- Treasurer, Alice Johnson - Vice-President, and Joe Horan was the business manager MINUTES - May 10, 1973 - Continued -5- The Police Report cleared all people involved. Attorney Helm stated that Frank Lombardi was retaining ownership of the property and Venetian West Inc. had a management agreement. Joseph Horan of 10380 West 62 Place was also present and stated he would be the manager No one else presented evidence in favor or in opposition. Complete proceedings were recorded by Court Reporter Ruth Carsh. Motion by Alderman Pepe "I move that the 3-way liquor license of the Venetian Night Club be transferred to Venetian West Inc." Motion was seconded by Alderman Abramson and passed 5-0. Approval of Modification of the Country Broker Restaurant was requested by Frederick C. Borra of 477 DeVinney Court, Golden. Attorney Fox recommended the plans be left for two weeks with the City Clerk, then returned to Mr. Borra. In answer to a question by Alderman Pepe, Mr. Borra said the remodeling was internal and there was no addition to the building. Motion by Alderman Pepe "I move for approval of the modification of the premises of Country Broker Restaurant." Motion was seconded by Alderman Abramson and passed 6-0 A Preliminarv Hearing for a 3-way liquor license for the Hap~ Traveler at 4400 Ward Road was held Attorney Michael Villano appeared in lieu of Attorney Benjamin Loye who represents the applicants Motion by Alderman Hulsey "I move that a hearing be set for Happy Traveler for the 12th of July 1973 and a preliminary boundary be a radius of one mile subject to evidence presented at the hearing " Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Pepe voted "nay" and stated he did not approve of the wording of the Motion. A Preliminary Hea~ing for a 3-Way Liquor License for Wheat Ridge Lanes was held Attorney Michael Villano, attorney who represented the applicant stated the on premises beer license presently held by the applicant would be surrendered if a 3-way license were granted. No one else presented information Motion by Alderman Abramson "I move that a hearing for Wheat Ridge Lanes be set for June 28, 1973 and a tentative boundary bg set. subject to evidence that the boundary should be ~the~wise" Motion was seconded by Alderman Donaldson and passed 5-0."afa radl~s of one mile from the subject property. WZ-73-06 Rezoning Case was heard. Applicants George and Barbara Garramone requested a change from Agricultural-Two to Industrial for a sheet metal fabrication plant at 12200 West 52 Avenue. The area is 4.2 acres. Cit~_Attorne~ox stated 1 The Planning Commission by a vote of 5-0 had recommended approval because it conformed with the Land Use Plan, was compatible with the surrounding area and was not in the flood plain. 2. The Fire Department had recommended that they should install a hydrant, that there should be an access road on the north side of the building, automatic fire prevention devises as per code should be installed, and 3D feet instead of 25 feet on the entrance roadway was needed. 3 That Mountain Bell requested an easement within the roadway. 4. That the departments had indicated 30 feet only roadway was needed and it would be dedicated. 5 There would be a single building on the parcel and 5. Posting and publication had been proper MINUTES - May 10, 1973 - Continued -5- Applicants were represented by Attor~.Phyl Low~ of 755 Petroleum Club Bldg who stated 1 The plan was for a light sheet metal fabrication plant. 2 Building would comprise 24,000 square feet. 3 Intent was not to get into the area of a planned development 4 The intent was to come in for modification, to place additional buildings as business increases Alderman Abramson questioned additions after the plan is approved. Mayor Anderson stated that the applicant would be held to the final plan Attor~~owery stated this had not been his interpretation of the Ordinance, but if this were the intent of Council he would withdraw the application and resubmit it later. Mot~o~ by Alderman Donaldson "I move we accept the request to withdraw the application and allow Mr. and Mrs Garramone to reapply using the same fee" Motion was seconded by Alderman Abramson and passed 6-0 WZ-73-08 Rezoning Case was heard Applicant K.H Gantenbein requested approval of a preliminary Industrial Plan on 3.5 acres already zoned industrial on the southeast corner of 49 Avenue and Van Gordon for an industrial park. Ci tv _A_Uor:..n~ Fol5. stated 1 The Planning Commission had recommended approval 5-0 with the stipulation "that the fire plugs and other incidentals be set according to the desires of the agencies and departments involved 2 Land is currently zoned industrial. 3 That 49 Avenue deadends part way into this proposal 4 Parcel two doesn't have proper street frontage 5 Parcel three has no frontage 6 The only ingress to the rear protion is through a residential neighborhood 7 The alternative is to go through the Haco property only that Haco has indicated it would not dedicate roadway Ci~ttornev Fox recommended that Mr Gantenbein wait until development of the Haco property took place Mavor Anderson stated development would violate the state law regarding access and a building permit could not be issued. In answer to question from Alderman P~Qg, City Attornev Fox said the plan had been approved by the Planning Department in March with a requirement of additional information at the hearing Alderman Howard asked if 49 Avenue could go along the railroad tracks. Mr. Gantenbein said he was "dumbfounded" that he would withdraw the application feet but had not been told to deed it that it did not conform and Also, thet he had offered 25 Motion by Alderman Abramson "I move that WZ-73-08 be continued until the problem of access along 49 Avenue can be worked out." Motion was seconded by Alderman Donaldson and passed 6-0 WZ-73-10 Rezoning Case was heard City Attorney Fox stated ---~---Applicant Burton Levy requested industrial development for an industrial park at 7990 West 48 Avenue 2 The Planning Commission by a vote of 5-0 recommended the plan be accepted as presented because "It does meet all criteria, the established owners of record have done and will comply to their plans, the parcel doesnlt lie in the flood plain and it was previously zoned industrial" 3 The drainage report indica~dponding could result on 1-70. MINUTES - May 10, 1973 - Continued -7- BlQ"_t~D_L8VV, attorne~ said 1 It was zoned before purchase. 2 It was platted in three separate plats and divided accordingly 3 Legal description on the request is for one ~cel onlV. 4 The natural drainage was between this property and the highway, and the report said the stops split the runoff and the amount of runoff to the highway remained the same, and that the highway was higher than the property proposed for development 5 The plans presented satisfied the Planning Commission and all departments and runoff will go where it has always gone. 6. There would be a 25 foot roadway on the east, which would service only this property 7. They are running a water line as requested by the fire department. ~~tv Attornev Fox said the post office and highway department had responded. Alderman Abramson stated the drainage report was good and the amount of increase from the development would go into Clear Creek He added Council should consider whether or not the cumulative effect might be significant. Motion by Alderman Pepe "I move that WZ-73-10 be taken under advisement for one week with a decision to be rendered in these chambers at that time" Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 128 was brought up for second consideration and the title read. Motion by Alderman Pepe, seconded by Alderman Abramson and passed 5-0 "That the Clerk dispense with the reading, the title having been read." Motion by Alderman Pepe "I move that Ordinance No. second reading and be ordered published and posted." by Alderman Hulsey and passed 5-0 128 be adopted on Motion was seconded Meeting was adjourned at 11 15 P m. I ",;-' )- ''--~ ,-,' <_ ,::.....----l...---:rt..--"\. _ t ~__ Louise F. Turner City Clerk c:;Icf)Jt{ / a<J/ {<f)/11e!tict 51; 7/7--3 / / MINUTES - MAY 10, 1973 - Continued See Minutes of May 17, 1973 meeting for corrections made by Alderman Abramson The tapes were listened to by City Clerk Louise Turner and the following addition shall be made to Page 4 , after Point 4 .. "Alderman Abramson said the fourth point was not proper, and that evidence had been presented which would require invoking the 3/4 vote rule, and that this point should be treated separately not as a rider on the Motion." The other corrections made by Alderman Abramson have been incorporated into the original Minutes. _ or'" _.:.-..2~~_~,..:..~u.~__:'::_-,-_V::: /' \ .L-.,) -( ~.__.__~ Louise F Turner City Clerk /.-11 ,/ ~( Y-i-,7?J1~ /) DateD ,-' ><_ . " / -I " . /