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HomeMy WebLinkAbout07/26/1973 MINUTES July 26, 1973 The two hundred and ninth 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 Attorney Maurice Fox, staff and interested citizens. Motion by Alderman Donaldson "I move that the be dispensed with and that they be approved as seconded by Alderman Abramson and passed 5-1. "nay." reading of the Minutes read." Motion was Alderman Howard voted Citizen Comments were made by Karl Todd of 6276 Fenton Street who said 1. He is building a house at 3400 Garrison. 2. That because of the escrow funds required on street cuts, he could not get water into his house. 3. He had called four contractors and the Colorado Utility Commission - a contractors' organization. 4. He had been told contractors were simply letting their Wheat Ridge licenses expire and would not renew them and that it was the feeling of the Commission that this was the thing to do. 5. That the escrow funds requirement should be done away with and the matter handled in another way. 6. He asked that the matter be put on the Agenda the next week and that he and people from the Commission be allowed to speak. Motion by Alderman Abramson "I move this be put on the Agenda August 9, 1973 - two weeks from tonight." Motion was seconded by Alderman Pepe and was defeated 4-2. Aldermen Donaldson, Howard, Hulsey and Pepe voted "nay." Resolution No. 237 pertaining to the Mass Transit Budget was introduced by Alderman Pepe and read. Ben Chastain, Mass Transit Committee Chairman was present. Motion by Alderman Abramson: "I move the Mass Transit BUdget be adopted." Pepe and passed 6-0. that Resolution No. 237 adjusting Motion was seconded by Alderman WZ-73-16 Rezoning Case came up for decision. Attorney Benjamin Loye was present. Motion by Alderman Abramson "I move that WZ-73-16, a request by Lakeside National Bank from Residential-One to Planned-Commercial-Development at 1-70 and Harlan Street, southwest corner, be approved because it is in the best interest of the City and there was no oppositbn." Motion was seconded by Alderman Donaldson. Alderman Howard said he was concerned about how the people would walk to the light on Harlan Street without a sidewalk but that perhaps Van Schaak and Company could work something out with the people." Motion to approve the rezoning passed 6-0. WV-73-01 request by Warren Chambers for vacation of an alleyway at approximately 27 Avenue and Depew came up for decision. Ordinance No. 136 pertaining to the alleyway vacation was introduced by Alderman Pepe and read. Motion by Alderman Pepe "I move that Ordinance No. 136 pertaining to an alley vacation be adopted on first reading and be published and posted." Motion was seconded by Alderman Abramson. MINUTES - July 26, 1973 - Continued -2- In answer to a que5tion by Alderman Howard, City Attorney Fox said it was not necessary for all affected people to sign. Alderman Cavarra said the vacation was not in the best interest of the City. Motion tied 3-3 and died. Aldermen Cavarra, Donaldson and Howard voted "nay." A Public Hearinq was held for a 3.2% fermented malt beverage package license for National Convenience Stores Inc. dba Shop N Go Markets at 7700 West 38 Avenue. An impartial City survey report by Edward Sullivan indicated five schools in the one mile radius - Martensen Elementary, Stevens Elementary, Wilmore Davis Elementary, Sts. Peter and Paul, and Wheat Ridge Jr. High, 5 existing package beer licenses, and out of 101 persons contacted 71 were in favor, 14 were against, and 16 had no opinion. Mr. Sullivan's report and map were marked City's Exhibit A and B. Attorney Edward Towey represented the applicant. He called Richard Milickin district manager of National Convenience Stores who stated 1. There were 650 Shop N Go Stores in the United States. 2. This was one of the first 12 in Colorado under construction. 3. Three in Denver and one in Adams County have been granted 3.2 beer licenses. Mr. Towev submitted Applicant's Exhibit No.1 - a 6 month financial statement, Exhibit No.2 - colored photo of exterior of store, Exhibit No.3 - color photo of interior, Exhibit No.4 - a map showing the mile radius, Exhibits No.5, 6, 7, 8, 9, 10 and 12 - petitions in favor of the outlet, Exhibit No. 11 - schools and churches in the mile radius, Exhibit No. 13 - other beer package outlets in the mile radius. Mr. Towev stated 1. The store would carry 6 kinds of beer. 2. 18-20% of the sales would be beer. 3. This type of store was needed west of Wadsworth, and that the only other one was Hillcrest Country Market on 44 Avenue. 4. The hours would be 7.00 a.m. to 12 midnight. 5. They did not anticipate a problem with youths, would hire people 21 and over, and ones that could handle the problem. 6. Driver's license I.D. would be required. 7. That petitions contained over 1300 names in favor of granting the license. Alderman Howard stated that 7-11 Stores did not sell to anyone under 21, and Mr. Towey stated that though this was not a statewide 7-11 policy, but if 7-11's in the area are doing so, then Shop N Go would "do the same." No one else appeared in favor and no one appeared in opposition. Complete proceedings were recorded by Court Reporter Ruth Carsh. Motion by Alderman Donaldson "I move that the matter be continued one week for a decision." Motion was seconded by Alderman Hulsey and passed 5-0. Alderman Pepe was not present. MS-73-09 Minor Subdivision at 36 Avenue and for discussion. Glen Taylor said it was on of the applicants, Anthony and Louis Ficco, May 24, 1973 and denied on May 31, 1973. Holland Court was the Agenda at the that it had been brought up request heard on City Attorney Fox stated the cause given for denial was drainage. Alderman Howard added that lot size was also in question. City Attorney Fox stated a rehearing was being asked, that legality must be proved by the applicant, that plat could not be revised, that it would have to be re-subdivided and go back to the Planning Commission. MINUTES - July 26, 1973 - Continued -3- Motion by Alderman Pepe. "I move that Minor Subdivision Case M5-73-09 not be reconsidered." Motion was seconded by Alderman Cavarra, and passed 5-1. Alderman Abramson voted "Nay." MS-73-12 Minor Subdivision at 3055 Teller was heard. Zoning was Residential-Two. Applicant was Charles Garramone. Glen Taylor, Acting Planning Director stated 1. Tract A was 21,056 square feet and Tract B was 12.515. 2. That the site was unsiutable for further development. 3. The Planning Commission had recommended denial because Subdivision Regulations could not be met in that there were already two main structures on the property. 4. That petitions with 50 names in opposition had been presented. Mr. Garramone stated 1. There were two separate Residential-Two sites. 2. The property had been surveyed by Mr. Lane, that he wanted to build a duplex on the second lot. 3. That improvements had been given by three property owners but not by the owner at 31 Avenue who was allowed to block the outlet by building on it. Only 12 feet was reserved for Public Service Company. 4. That he could put a single on the lot, that sewer and water were there and that a double would not be much different. 5. That there is a guest house in the rear. 6. The duplex had been there 15 years, and the house to the west had been there 7 years. Mayor Anderson stated it should be divided in such a way that the duplex was on one lot and the guest house on the other. In answer to questions, City Attorney Fox said the width of Upham was 20 feet, that 50 feet was required in order for a permit to be issued, and that a dedication of that amount would make the other structures non-conforming. Speaking in Opposition was Lou Van Dyke of 3000 Upham Street who said 1. He lived just auth of Mr. Garramone's property. 2. People in the neighborhood were actively trying to change zoning from Residential-Two to Residential-One because they didn't want any more duplexes. 3. They had fought down one other duplex and they wanted to keep it a Residential-One neighborhood. 4. That a duplex where Mr. Garramone proposes it, would face neighbors' garages. 5. The street was too narrow, one couldn't turn around easily. 6. Neighbors didn't want more cars and didn't want to give more to a street which is really an alley and is crowded. 7. Mr. Garramone was a good neighbor and this action was not against him personally. 8. In answer to question from Alderman Cavarra, that the size of the district hoping to rezone was from Teller to Wadsworth and 29 Avenue to 32 Avenue, and lots had 100 foot or more frontage. Mr. Taylor, in answer to a question, said he did not know whether or not a drainage plan had been submitted. Motion by Alderman Cavarra "I move that Minor Subdivision Case WS-73-12 be taken under advisement with a decision to be rendered in one week." Motion was seconded by Alderman Abramson and passed 6-0. WZ-73-14 Rezoning Case was heard. Mr. Taylor stated 1. The applicant - Applewood Village requested a change from Restricted-Commercial-One to Restricted-Commercial on 2.5 acres or 120,000 square feet at 38 Avenue and Youngfield, southeast corner in order to build a garden shop adjacent to Woolco. MINUTES - July 26, 1973 - Continued -4- 2. Property had been properly published and posted. 3. The Planning Commission had recommended denial because Restricted-Commercial-One conserved the value of the surrounding neigh- borhood and it did not comply with the wishes of the neighborhood. 4 Petitions with 100 names had been presented to the Planning Commission opposing the rezoning on the basis of congestion and removal of an existing buffer. Alderman Abramson questioned whether or not the proposed use would require a change of zoning. Mr. Taylor said he didn't know, and City Attorney Fox said the original request was for Commercial-One which the department had indicated was not needed. Conrad Gardner of 1200 Arapahoe, Golden, attorney for the applicant, stated 1. The request to the Planning Commission was Restricted- Commercial-One to Commercial-One. 2. Restricted-Commercial was what was needed. 3. Present request is Restricted-Commercial-One to Restricted- Commercial. 4. Planning Department had recommended Restricted-Commercial in that it would allow the use and would be a buffer. 5. That he was requesting that the legal description be amended to add "except the 500 feet thereof" so that the request is for a smaller area and lesser zoning. 6. The department had recommended approval. 7. The Planning Commission had recommended denial. 8. The opposition no longer opposed, but was now in agreement. 9. It would not be adding a new use but moving an existing use from an open air area to an enclosure abutting Woolco at the north end. 10. It would be approximately 100 feet from the street. Louis Bruno, attorney stated he was neither in favor nor in opposition. Motion by Alderman Donaldson to the Planning Commission." "I move that Case WZ-73-14 be sent back Motion was seconded by Alderman Cavarra. City Attorney Fox, in answer to a question, said it could go back as the same case. Attorney Gardner called "point of order" saying that the case had been partly heard and the Motion was not proper in that the opposition had not been heard. Motion passed 6-0. A request for additional enqineerinq manpower was made by Public Works Director Glen Taylor. The sheet reflecting what Mr. Taylor considered minimum personnel requirements for adequate performance is attached to the Minutes. Mr. Taylor stated that a "housekeeping Resolution" would be needed to adjust the budget and that cost increase for next year would be $60,000.00 based on the 1974 pay ordinance. In answer to a question from Alderman Howard as to whether the manpower authorized under the existing pay ordinance would suffice, Mr. Taylor stressed the need for additional personnel. Alderman Abramson recommended that the difference between the $10,000.00 allowed for Lena Gulch planning and the $3,900.00 spent be utilized for a hydraulogist to advise the Board of Adjustment. Motion by Alderman Donaldson "Whereas, the City of Wheat Ridge is desirous of providing adequate engineering for construction projects and enforcement of certain applicable Ordinances and Regulations, and Whereas, demands presently placed on the engineering portion of the MINUTES - July 26, 1973 - Continued -5- Public Works Department cannot be adequately resolved utilizing only the existing staff, and Whereas, a study has been presented reflecting minimum needs of the engineering division, and Whereas, sufficient funds exist in the current Public Works budget to implement findings of the study. I therefore move that the following additional positions be authorized for the Public Works Engineering Division POSITION GRADE IMPLEMENTATION Chief of Engineering 42 September 1, 1973 Civil Engineer 36 October 1, 1973 Administrative Officer 30 January 1, 1974 (3) Engineering TechnicianCs) 27 October 1, 1973 Secretary I 12 Sep tember 1, 1973." Motion was seconded by Alderman Pepe. Motion by Alderman Abramson "I move to amend the Motion by striking the last three - the Administrative Officer, three engineering technicians and a secretary one." Motion to amend was seconded and defeated 5-1. Alderman Abramson voted "aye." Question on original Motion by Alderman Donaldson was called and passed 6-0. Alderman Howard reported that a liquor violation had occurred at Hillcrest Liquors at 44 Avenue and Wadsworth involving the sale of 6% beer to people under 21 years old. Motion by Alderman Howard "I move we summarily suspend the license of Hillcrest Liquors at 44 Avenue and Wadsworth Blvd. from Friday noon July 27, 1973 until August 1, 1973 at a time of 5 30 p.m. to hold a Public Hearing to ascertain what further penalties should be assessed." Motion was seconded by Alderman Abramson. Alderman Pepe stated there was serious doubt as to the sale. Motion by Alderman Donaldson "I move th amend the Motion to state the suspension date as Saturday, July 28, 1973." Motion to amend was seconded by Alderman Cavarra and passed 5-1. Alderman Pepe voted "nay." Question was called on amended Motion and Motion passed 5-1. Alderman Pepe voted "nay " Motion by Alderman Abramson "I move that funds be allocated from the excess set aside for the Lena Gulch Study for engineering advice for the Board of Adjustment." Motion was ruled improper and not accepted. Alderman Abramson asked that the matter be placed on the August 9, 1973 Agenda. Meeting was adjourned at 10 30 p.m. Louise F. Turner City Clerk /://0:: /,;..c.~ ~~ ~.-I__ )~ y/-, / /.../'[, / '" '\./ "- I