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
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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
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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
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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
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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
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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
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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.
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Louise F. Turner
City Clerk
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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
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