Loading...
HomeMy WebLinkAbout07/19/1973 MINUTES July 19, 1973 The two hundred and eighth regular meeting of the Wheat Ridge City Council was called to order at 7 35 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also attending were Mayor Anderson, City Clerk Louise Turner, City Treasurer James Malone, City Attorney Maurice Fox, staff and approxi- mately 65 interested citizens Motion by Alderman Donaldson "I move the reading of the Minutes be dispensed with and that they be approved as written" Motion was seconded by Alderman Cavarra and tied 3-3. Aldermen Abramson, Howard and Hulsey voted "nay", Mayor Anderson voted "aye" to break the tie and pass the Motion. Citizen Comments were made by Mike Boorman, Manager of the Wheat Rid~ Chamber of Commerce who presented to Council the results of a Chamber of Commerce survey which was not limited to Chamber of Commerce members. 1967 cards were returned representing opinions of 3338 people. A copy of the results is attached to the Minutes. Barbara Davis who said the request for a temporary beer license for the Carnation Festival Committee was to have been on the Agenda and was not listed. Mayor Anderson told her this would be heard ahead of the other hearings. Mike Villano who said a Preliminary Hearing for a package beer license for Westhill Corporation dba PDQ Food Stores had been omitted from the Agenda The request was reviewed. Motion by Alderman Abramson "I move that a Public Hearing be set for a 3.2% malt beverage license for Westhill Corporation dba PDQ Food Stores for September 13, 1973 and that a preliminary boundary be established at a one mile radius subject to modification at the hearing." Motion was seconded by Alderman Donaldson and passed 6-0. Virgil Anderson of 3860 Balsam Street who stated 1. That 18 months before he had read in the paper that the City had let a contract to study safety factors on West 38 Avenue. 2. He had attended a meeting where the Mayor had explained that the people didn't understand the problem in reference to a previous meeting on street widening. 3. That he had asked the Mayor if adequate public notice would be given and was told "Yes" it would be. 4. Notice was the same day as the hearing 5. At the previous meeting, street by street people voted down the widening. Gene Harlow of 4660 Estes who said he had previously reported to Mayor Anderson and Alderman Hulsey that a two story building was going up near him which did not have the 10 foot clearance required He said he had reported it when the foundation was being poured without a permit, and now the roof was about to be put on. He was told the Building Inspector was out of town, that it might be legal, and if so, would have to be allowed Jim Delong of 3890 Estes, who said 1. He had been out of town the preceeding week. 2 He'd attended a meeting in May at which citizens expressed their opposition to widening 38 Avenue. MINUTES - July 19, 1973 - Continued -2- 3. At that time Council voted not to widen it, but to put in a walkway on one side. 4. That the anticipated two lane apparently had been acceptable and a third lane could be justified, but now it had been jumped to five. 5. He did not know why the move had been made, and he doubted that density had increased enough since May to justify it. 5. That the paper said the contract had been signed and he wanted to know if plans included the walkway. He also asked if the secretary might tell him if the Minutes reflected approval of two lanes with a walkway at the outer limits in May. Alderman Cavarra asked that Public Works Director Glen Taylor who was present, explain the proposal. Mayor Anderson stated that Council only hears comments from citizens and that Mr. Delong could check the plans at Public Works Alderman Abramson stated the City has a 50 foot ROWand intends to put in 55 feet of asphalt. A show of hands requested by Alderman Cavarra indicated 11 persons were present on the matter of 38 Avenue Nancy Snow of 11155 West 40 Avenue who said 1. That she like many others was upset over the decision to widen 38 Avenue which was contrary to the wishes of the people. 2 Council had heard many people speak against it, and not many for it, but hadn't yet had a mass opinion from the people. 3 That the Task Force Sruvey would be completed in 3% weeks 4. That she would like to ask some Alderman to make a Motion that the work on 38 Avenue begin on the west end and that nothing be done on the five lanes until the survey was in. 5. That if Council were not willing to agree to this it could only indicate that the Council did not care what people thought. In answer to a question from Alderman Hulsey, Mrs. Snow said she was speaking as an individual and not as a representative of the Task Force. Motion by Alderman Abramson "I move the work begin on the west end of the project." Motion was seconded by Alderman Cavarra and was defeated 4-2. Aldermen Donaldson, Howard, Hulsey and Pepe voted "nay." Marilyn Arp of 3885 AmmonA who said 1. They wanted~walkway and had not criticized because they were afraid the whole idea might be thrown out, but that it should be on the north side of 38 Avenue 2 That widening 38 Avenue to 4 or 5 lanes would serve only to accomodate people from Arvada and Applewood who drive through and would in no way accomodate the people of Wheat Ridge. Michael Davia of 8151 West 38 Avenue who said 1 That he had been upset when he read that 38 Avenue would be widened 2. That he had called and Sam Gadalla of the Engineering Department had told him it would be 50 feet where it would be 4 lanes and 61 feet where the turn lane was. 3. That hospital access was important, but that 5 lanes were not feasible 4. That Lutheran Hospital has access from Dudley and that access from 32 Avenue turning from Dudley should be utilized, and that traffic leaving could turn right onto 38 Avenue. 5. He lived directly across from the main driveway and could not see 51 feet from Carr to Dudley Streets 6. That he'd like to know the basis for the decision and whether there had been traffic talleys at Balsam or at Dudley. 7. That three lanes on 32 Avenue with access to the hospital would be reasonable MINUTES - July 19, 1973 - Continued -3- 8. a commercial 9. That five lanes on 35 Avenue might be logical area, but not in residential. That the pressure would be on people walking. if it were Alderman Abramson stated he had received a letter from the Task Force and that he had had the impression they were going to present it, but since they hadn't, he would make a Motion for the following Resolution that the Council follow up the Task Force request. "I'll make a Motion that the City Council established the Task Force for the purpose of obtaining citizen input to guide City Council, the Task Force is about to present the questionnaire, the City Council urge all citizens to par- ticipate in order that a maximum degree of information can be obtained upon which a final report will be drafted by the Task Force, that the City Council is convinced that such information is essential in providing the vital leadership necessary for the future of our City." Motion was seconded by Alderman Cavarra and passed 6-0. Alderman Abramson stated that a chain link fence was being constructed by Coors in what he was convinced was the Flood Plain, and that it should have gone to the Board of Adjustment prior to the issuance of the building permit. He added that the City should not put itself in the position of appearing to give preferential treatment to Coors and made the following Motion "I move that we request the Board of Adjustment to hold a hearing on the construction of a fence at this location and that construction be discontinued until the hearing." Motion was seconded by Alderman Cavarra. Alderman Howard stated a permit had to have been issued and that the building department would not have issued a permit if there had been a violation Mavor Anderson stated he had issued the permit The question was called and Motion was defeated 4-2. Aldermen Donaldson, Howard, Hulsey and Pepe voted "nay." Alderman Abramson questioned the City'S paying a bar charge on a bill from Village Inn Restaurant. A 3-way liquor license for Happv Traveler at 4400 Ward Road came up for decision. Motion by Alderman Cavarra "I move that a 3-way liquor license for Happy Traveler West Inc. dba Happy Traveler at 4400 Ward Road be approved for these reasons the majority of those polled were in favor and there is a need for this type of restaurant in the area." Motion was seconded by Alderman Hulsey. Alderman Howard stated he would vote "nay" because 1. Insufficient evidence of need in this area had been given 2 No one other than the applicants spoke in favor. 3. There was no evidence that people in the immediate area had been contacted for their opinion. Question was called and Motion passed 4-2. Aldermen Howard and Pepe voted "nay." A 3-Way Liquor License for Ambassador Seventy Development Corporation came up for decision. Motion by Alderman Hulsey "I move that a 3-way license for Ambassador Seventy Development Corporation dba Tenstar Motor Hotel at 12150 West 44 Avenue be approved for the following reasons the survey showed the majority wanted t.his type of establishment and also showed that radius greater than one mile h~d been covered." Motion was seconded by Alderman Donaldson. Alderman Howard said he would vote against the Motion because no petition was circulated in the immediate area for people within a few blocks of the location, the building was already under construction, and no one in the audience spoke in favor. Question was called and Motion passed 4-2. Aldermen Howard and Pepe voted "nay." MINUTES - July 19, 1973 - Continued -4- A 3-Way Liquor License for Richard B. Hanscom dba Wheat Ridge Lanes came up for decision. Motion by Alderman Howard "I move that a 3-way liquor license be granted to Richard B Hanscom dba Wheat Ridge Lanes at 6595 West 38 Avenue for the following reasons 1. The City's impartial poll showed the majority to be in favor. 2. The applicant had over 500 names in favor. 3. Several people appeared in favor. 4 No one appeared in opposition." Motion was seconded by Alderman Cavarra and passed 5-0. Alderman Pepe abstained because his wife had signed one of the petitions. An Amendment to the Land Use Plan and Mass Rezoning came up for decision. Motion by Alderman Pepe "I move that the proposal for the amendment of the Land Use Plan portion of the Comprehensive Plan which includes changes of zoning for the area from Sheridan to Harlan and from 26th to 29th Avenues - as proposed by the Planning Commission for approval by the City Council be amended in the following manner and then approved as amended 1. That those pieces of property owned by persons who desire rezoning as proposed, who signed petitions favoring the proposal to do this or who are otherwise on record as requesting this rezoning or who have no objection to it, be rezoned as proposed and be so reflected on the Land Use Plan for the following reasons A. Such action is in the best interest of the City in an area where there is a sufficient amount of existing high density B. Citizens have a right to have their homes conform to present zoning laws when properties are non-conforming at no fault of the present owners C. It is in accord with the desires of these people. 2. That properties owned by persons who by petitioning or by other means have expressed their opposition to the proposal be excluded from the mass rezoning and retain their present zoning for the following reasons A Owners of a substantial portion of the area have expressed their objection. B The City has an obligation to respect the desires of the people and retention of their present zoning is their desire. C. The City does not have the right to prevent a person from utilizing his property in any manner allowed by the existing zoning and should not remove that zoning from his property unless the owner himself requests such a change." Motion was seconded by Alderman Howard. Alderman Abramson stated he had considered the same thing, but had decided the area needs to remain single family, otherwise the burden was too large for the neighbors and the City and he would vote against the Motion. Alderman Cavarra said there had been a great deal of planning input from the City and she would vote against it. Question was called and Motion was defeated 4-2. Aldermen Abramson, Cavarra, Donaldson and Hulsey voted "nay." Motion by Alderman Abramson Commission to amend the Land Sheridan to Harlan and 26 to best interest of the City." "I move that the proposal of the Planning Use Plan portion of the Comprehensive Plan, 29 Avenues be approved because it is in the Motion was seconded by Alderman Donaldson. Alderman Pepe said he would vote "nay" and that he had no objection to rezoning from Depew Street west because there had been no opposition west of Depew, but there had been opposotion east of Depew, and he felt the zoning should not be changed unless requested by the owner. Motion passed 4-2. Aldermen Howard and Pepe voted "nay." William Ross, attorney stated that a legal protest had been filed and that if valid, the Motion had not passed and the land in his opinion had not been rezoned. MINUTES - July 19, 1973 - Continued -5- City Attorney Fox recommended that a second Motion be made specifically change the zoning. Motion by Alderman Abramson "I move that the Resolution from the Planning Commission changing the area on the Land Use Plan and also changing the zoning districts be approved." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Howard and Pepe voted "nay " Motion by Alderman Cavarra "I move that the Planning Department be directed to resume work on the Mass Rezoning in Ward III." Motion was seconded by Alderman Abramson and passed 4-2 Aldermen Howard and Pepe voted "nay." In answer to a question from Alderman Abramson, Mayor Anderson said the department would be directed to do so within the limits of the people available in the department. A hearing to consider a 3 the Wheat Ridge Carnation and 25th, 1973 was heard. High COtJrt. 2% fermented malt beverage Festival Corporation to be Location would be outside Special Permit for used on August 24th at 39 Avenue and Barbara Davis of 8080 Melrose Drive of the corporation appeared and stated the hope was to make the Festival self-supporting, and if there should be a surplus, that surplus would be donated to the parks No one else spoke either in favor or in opposition to the request. Motion by Alderman Abramson "I move that a 3.2% fermented malt beverage Special Events Permit for the Wheat Ridge Carnation Festival Corporation for August 24th and 25th, 1973 be granted and a fee of $1.00 to be established." Motion was seconded by Alderman Donaldson and passed 6-0. Treasurer's Report for June was given by Treasurer James Malone. Report indicated that 59.8% of tha revenue had been received, and 47.9% of the budget had been expended. Resolution No. 236 to reinvest funds was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move this Resolution No. 236, introduced by Alderman Donaldson, be adopted." Motion was seconded by Alderman Cavarra and passed 6-0. WZ-73-15 Rezoning Case was scheduled to be heard. Applicants Wayne and Marguerite Selders had requested a change from Agricultural-One to Residential- Two-A for apartments at 44 Avenue and Moore. Charles Beck, attorney was present representing the applicants. House Bill 1529 preserving access to mineral deposits by prohibiting the rezoning of land on which there are commercial mineral deposits was dis- cussed, as it applied to Rezoning Case WZ-73-15 and to the City in general City Attorney Maurice Fox advised that no action be taken on Case WZ-73-15 and that the Council get together and discuss House Bill 1529 because of the amount of gravel beds within the City, both along Clear Creek and north of 1-70. Motion by Alderman Abramson "I move that WZ-73-15, application of Mr and Mrs Zeiders for a change from Agricultural-One to Residential-Two-A at 44 Avenue and Moore be tabled indefinitely so that Council can determine what action Council will take in regard to House Bill 1529." Motion was seconded by Alderman Cavarra and passed 6-0. WZ-73-16 Rezoning Case was heard. Lakeside National Bank had requested a change from Residential-One to Planned-Commercial-Development at the southwest corner access ramp of 1-70 and Harlan Street MINUTES - July 19, 1973 - Continued -6- Glen Taylor acting head of the Planning Department stated 1. The request is for an employee parking lot. 2. It wa5 properly published and posted. 3 The Planning Commission had recommended approval because it would improve drainage, it would provide parking for a congested area, and it conformed to density in this area. 4. That area is surrounded by commercial to the east, apartments to the south, single family homes to the west, and 1-70 on the north. 5. That the proposed use was a parking lot for Lakeside National Bank. 6. That the parcel was immediately south of the 1-70 "off ramp" and that this would be an appropriate "highway commercial use" Benjamin Loye, attorney represented the applicant and presented four exhibits No.1 and No.2 photos of the location, No.3 a letter from the State Highway Department, and No. 4 a letter from the Engineer. Also present were Fred Zellar, engineer and Allen Longstreet, Lakeside National Bank. Mr Loye Stated 1. The request was for a change from Residential-One to Planned-Commercial-Development for the sole purpose of an employee parking lot, which would have a barrier and key arrangement to limit it to employees 2 It would be fenced and landscaped. 3 Since it was a Planned-Commercial-Development, no other use could be made of it without appropriate action of Council. 4. The change would add no density and would make no demand on schools or city services. 5. It is immediately south of the "off ramp of 1-70", and has singles on the west, apartments on the south, and Lakeside Bank - commercial area across Harlan to the east. 6 It "ideally lends itself for this use " 7 Drainage had been designed by Wright McLaughlin Engineers. 8 Proposed lighting would be aimed and reflected so as not to hurt houses or apartments. There would be a 6 foot high fence. Mr. Taylor stated Council could view the plans before the time of decision. No one spoke in opposition. Motion by Alderman Donaldson "I move that Case WZ-73-16 be tabled one week for a decision." Motion was seconded by Alderman Hulsey and passed 6-0. WV-73-01 alley vacation request by Warren Chambers between Fenton and Depew and south of 28 Avenue was heard. Mr. Chambers 1. 2 3 4. 5 6. for parking. 7. He has 13 units and the additional footage would allow one additional unit. 8 He has also a single family home on the property. 9 He had formerly opposed the vacation. 10 It would improve the parking arrangement. 11. That dirt had been leveled and the Ci ty had "OK I d" the drainage plan. stated This was the second time the vacation had been requested Former applicant was George Henckel. The alley is 20 feet wide. Planning Commission recommended approval. The neighbors were in favor. The best use was to vacate and all the space to be used Mr Taylor questioned the possible change of drainage, if the area is vacated. MINUTES - July 19, 1973 - Continued -7- George A Henckel adjoining property owner stated he was in favor, that the alley was a deadend alleyway that can't be used by the public and that dirt in it prevents access to him. Maxine Parker of 5665 West 27 Avenue stated she was in favor Mr. Chambers summarized 1. He was not a realtor 2. He had bought the property to take advantage of the Residential-Three zoning 3. He had hired a professional firm to handle drainage. 4. There have been many problems, and it has taken over one year but a permit was issued and has been followed and vacation of the alley was in the best interest of all. Alderman Howard pointed out that the petitions contained names of all neighbors except Mr. Henckel and Mrs. Parker who were present. Mayor Anderson stated the single family house would have to be torn down Motion by Alderman Abramson "I move this matter be tabled for one week" Motion was seconded by Alderman Donaldson and passed 6-0. Mr. Taylor presented a request that a contract for servicing signal lights be renewed with Dial Electric Company. It was stated it could be terminated at year intervals with one month's notice. Contract is a one year renewal contract, up to three years. Motion by Alderman Abramson "I move that Mayor Anderson be authorized to enter into contract with Dial Electric for traffic signal maintenance as prescribed in Signal Maintenance Contract (P.W. 73-03) with funds drawn from Account 431.65, Traffic Signal Maintenance." Motion was seconded by Alderman Cavarra and passed 5-1 Alderman Pepe voted "nay." A request for Public Works to meet manpower meeds was discussed. Mr. Taylor said he was asking for five additional people with priority-on Chief of Engineering. The matter was to be considered for action later. A federal grant for the Police Burglary Tactical Unit was discussed. In answer to a question from Alderman Abramson, Chief of Police Edward Pinson stated the program could be dropped at any time. Motion by Alderman Cavarra "I move that the City of Wheat Ridge accept the Descritionary Grant, Project title - Burglary Prevention Tactical Unit, Project Number - 73-08-0025, and be allowed to increase manpower allocation by hiring ten (10) police officers, one (1) secretary/stenographer and promote another officer to the rank of corporal from the present allocation." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Pepe and Abramson voted "nay " Motion by Alderman Pepe "I move that the meeting be adjourned and that the Mass Transit Resolution be the first item on next week's Agenda." He added there had been criticism of the late meeting the preceeding week and that 10 30 p.m. was a reasonable hour to adjourn Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Abramson voted "nay." Meeting was adjourned at 10 3D p.m Louise F Turner City Clerk ~-r L- ~ /-)