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HomeMy WebLinkAbout08/09/1973 ~lINU rES August 9, 1973 The two hundred and tenth regular meeting of the Wheat Ridge City Council was called to order at 7 35 p.m. at 7390 West 38 Avenue by Mayor pro tem Ray C Pepe. Other Aldermen present were Dr Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard and Calvin Hulsey. Mayor Albert Anderson was absent. Others present were City Clerk Louise Turner, City Treasurer James Malone, Acting City Attorney Greg Tibbetts, staff and interested citizens. Motion by Alderman Donaldson "I move the reading of the Minutes of July 26, 1973, August 1 and 2, 1973 be dispensed with." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Abramson voted "nay " Citizen Comments were made by H.R. McCollister of 4001 Field Drive who said he was speaking for himself as a citizen for three other citizens. He stated 1. He was speaking on the West 38 Avenue project. 2 That work contracted on 38 Avenue in addition to the work which had been bid was illegal and improper. 3. The additional work was authorized July 12, 1973. 4 That City Attorney Fox was out of town. 5. That he had gotten no satisfaction when discussing the matter with Mayor Anderson and Glen Taylnr, Director of Public Works. 6. That he would like to give the City Council the opportunity to reconsider and to rescind the contract authorized on July 12, 1973 and return to the contract as prepared and bid and approved on June 21, 1973 and that that be the limit of the work. In answer to questions, he added 7 That statute requires the work done by a municipality be bid, and the purchasing policy of the City of Wheat Ridge also requires this, and the additional $29,000 00 was not bid. 8 That a City could negotiate but not change the entire concept without bidding. 9. That people (50% of 4,000 answering a Chamber of Commerce poll, as pointed out by Alderman Howard) had indeed favored street improvements, but not widening. 10 That a consensus of opinion would be determined in the near future, perhaps by pOlling, as to public feeling in regard to widening this portion of the street. Motion by Alderman Abramson "I move that the City Council rescind the authorization of the amended contract for improvements to 38 Avenue and accept the lowest bid on Project PW-73-o2 as originally drawn up, advertized and bid." Motion was seconded by Alderman Cavarra. Glen Taylor on request said the project is 50 feet in width from Wadwworth Blvd to Brentwood Street, and 55 feet from Brentwood to Cody Street, 50 feet from Cody Street to Dudley and also that currently west of Kipling Stre~ four lanes taper to two lanes. Alderman Howard stated 1 That the following were figures for Lutheran Hospital for last year In-patients - 17,314, Out-patients - 27,099, Emergency Room Cases - 31,332, Visi tors - 42,000, Employees - 1,021, Doctors - 405 (making daily calls), Doct.ors (making calls twice a week) 294, Volunteers- 720, and Ambulance Cases - 2,462. Traffic one way is 11,055 cars daily, and so both ways is 22,000 2. That a recent beer applicant had given a traffic study as 14,000 vehicles daily, that the new wing of the hospital would increase beds from 303 to 400 3. That he stood firmly on the decision that 38 Avenue from Yukon Street. to the hospital should be widened. MINUTES - August 9, 1973 - Continued -2- Alderman 1. 2. revised 3. in that wj_dened 4 There were no provisions for bike and pedestrian safety. 5. The north walkway would be covered over with pavement, and children crossing at the existing light would have no place to walk. 6. St. Anthony Hospital was a great deal larger than Lutheran Hospital and did not have 4 lanes around it. 7 That access is being opened up from the west. 8. The original plan accommodated the drainage system. 9. Any plan for a wider 38 Avenue should have thorough planning and that thought should be given to the amount of traffic that comes from each direction and to the merging of lanes. 10. That in other areas, such as 38 Avenue between Jay and Harlan Streets a prime accident area, and on Kipling and on Wadsworth, the accident rate was up, but that the stretch of road to be widened had had no accidents. Cavarra :stated Council :should There had been plan. Residents were rightfully concerned about setting a precedent this was the only street between 1-70 and Colfax that was being go back to the original plan. no input from the Planning Department on the Alderman Hulsey stated that the number two priority of the Planning Commission two years ago, was improvement and channelization of 38 Avenue. Alderman Abramson stated 1. That using Alderman Howard's figures, the hospital traffic amounted to 120,000 cars per year or 350 per day which was not significant and in view of 14,000 cars per day was 25% of the 38 Avenue traffic and a 25% increase in hospital use would be 10% in total use. 2. That 38 Avenue improvement and channelization discussed by the Planning Commission was for three lanes, not five. 3. That Alderman Howard had in the past objected to contract negotia- tions that varied over $1,000.00. Alderman Donaldson stated one of the streets at St. Anthony'S Hospital would handle four lanes and that there were four entrances, but at Lutheran Hospital 98% comes from 38 Avenue. Alderman Pepe said negotiations on the Marshall Street Bridge Contract were over $1,000.00. Question was called on Motion to rescind the amended contract with Asphalt Paving for work on 38 Avenue and accept the lowest bid on the contract which was bid Motion was defeated 4-2. Aldermen Donaldson, Howard, Hulsey and Pepe voted "nay." Attorney McCollister stated he had Summons and Complaint forms for a lawsuit and he identified William Lamarr, process server of 17655 West 44 Avenue who served the Council and Clerk Authorization for appraisal of the Wheat RidgeJunior High School Building was brought up for a decision. Motion by Alderman Abramson "I move the Mayor be authorized to contract with Mr. Early, MIA Appraiser to secure an appraisal of the Wheat Ridge Junior High site at a cost not to exceed $3,000.00 without further Council approval" Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No. 238 requested by Treasurer James Malone, was introduced by Alderman Donaldson and read. Motion by Alderman Hulsey "I move that Resolution No. 238 pertaining to reinvestment of $100,000 00 be adopted" Motion was seconded by Alderman Howard and passed 5-0 Renewal of 3.2% fermented malt beverage licenses for Woods Super Market, Wheat Ridge Ranch Market and Family Fun Center was discussed. MINUTES - August 9, 1973 - Continu8d -3- Motion by Alderman Donaldson "I move we approve the renewal of the 3.2% fermented malt beverage package licenses for Woods Super Market at 10019 West 26 Avenue and Wheat Ridge Ranch Market at 6920 West 38 Avenue." Motion was seconded by Alderman Abramson and passed 6-0. Motion by Alderman Donaldson "I move that the 3.2% on premises mented malt beverage license for Family Fun Center be renewed." was seconded by Alderman Howard and passed 6-0. fer- Motion Public Hearing was held on the transfer of ownership of a 3-way liquor license for Lost Knight Lounge. Applicant, Lost Knight Inc. was represented by Attorney Jay G. Colby. Dale Claus, President and manager and 100% stockholder was present. Evelyn Claus, Vice President and Duane Sand, Director, also were present. No one was present who spoke in opposition to the license transfer. Complete proceedings were recorded by Court Reporter Ruth Carsh. Motion by Alderman Hulsey license of the Lost Knight Lounge Inc. be approved." passed 6-0. "I move that t~ transfer of the 3-way liquor Lounge at 3270 Yamgfield to the Lost Knight Motion was seconded by Alderman Cavarra and Dewey Dutton of 12145 Applewood Knolls Drive, Apt. 6, owner of Port 0' Entree at 4105 Wadsworth requested Council permission for remodeling Port 0' Entree. He stated he wished, only to move a walk-in refrigerator to the outside which would leave additional space inside where it had been. Motion by Alderman Donaldson "I move for the approval of moving the cooler out to the west provided it meets all building code regulations." Motion was seconded by Alderman Abramson and passed 6-0. WS-73-oi Subdivision Plat was presented by Glen Taylor, acting Director of Planning. Mr. Taylor stated 1. Applicant John Harper had presented preliminary and final plats to the Planning Commission and these had been approved. 2 Six single family homes were planned. 3. The location was 37 Avenue and Garrison. 4. The zoning was Residential-Two. 5. The drainage plan had been approved by the City Engineer. 6. The Fire Chief h~d requested "no parking" signs on 37 Avenue which has a 30 foot ROWand a fire hydrant will be placed at the 37 Avenue and Garrison intersection. 7. The original plat which was for five doubles had been opposed by neighbors in the area, and now was being submitted as a single family homes subdivision. 8. $34,000.00 would be placed in escrow for public improvements which would include curb, gutter and sidewalk on the east side of the street and curb and gutter on the west. 9. A 27 inch CMP storm sewer would alleviate the problem of ice on the street in the winter. 10. The only access would be via 37 Avenue. 11. That dedication of ROW would be shown on the plat instead of by deed. Alderman Abramson stated Mr Harper should be commended for cooperating with the neighborhood and added that no one had spoken in opposition at the Planning Commission hearing. Dick Anema of 3195 Garland who stated he and others who had been very much in opposition to the first proposal were happy that singles would be built. Motion by Alderman Abramson "I move that WS-73-03, final plat for Garrison Gardens Subdivision be approved subject to receipt of escrow funds for public improvements for the folloWing reasons 1. It is in conformance with the desires of the neighborhood, and 2. The drainage problem had been solved." Motion was seconded by Alderman Donaldson and passed 6-0. MINUTES - August 9, 1973 - Continued -4- WZ-73-13 Rezoning Case came up for consideration Alderman Abramson stated he felt the case should be tabled until the Council determined its stand on House Bill 1529. Alderman Pepe said he felt this should be heard as a test case Motion by Alderman Abramson "I move we table WZ-73-13 indefinitely in order to study House Bill 1529." Motion was seconded by Alderman Cavarra and died 3-3. Aldermen Howard, Hulsey and Pepe voted "nay." Glen Taylor stated 1. Applicants Don and Beulah Hawley had requested a change from Agricultural-One to Restricted-Commercial and Restricted-Commercial-one, for business offices and parking at 11500 West 44 Avenue on 2.0 acres. 2. Request is for a dual purpose zoning, and at least one other similar request is pending. 3. Planning Commission recommended denial because it did not conform to the Land Use Plan, this type of zoning was not needed, and there is unused land in the area already zoned for commercial uses. 4. That there is the possibility of gravel. 5. Access to Prospect Park is in question. David Deuben, attorney represented the applicants and stated 1. Mr. and Mrs. Hawley were present. 2. Request was for separate zoning on each of two parcels. 3. Each was 200 feet wide. 4. The one adjoining 44 Avenue was for Restricted-Commercial and the one south of it was for Restricted-Commercial-One. 5. The Land Use Plan indicated single family housing. 6. There had been no single family development in the past two years in this area, all development had been commercial and apartments. 7. That the Planning Commission hadn't actually made a recommendation it had only relayed Mr. Fox's comments. 8. House Bill 1529 did not did not state it was the applicant's duty to determine the commercial feasibility of gravel deposits. 9 That Mr. Fox's belief that it would be ~ot zoning was not supported by existing zonings in the area. 10. That the applicants would dedicate but not improve 30 feet of ROW adjacent to the road into Prospect Park. 11. That he (Mr. Deubin) was not a qualified geologist, but that the nearest gravel excavations were south and east 150 feet from Clear Creek and near Tabor Street. Also, that Brannan Company has asked for the area (owned by Coors) south of this property. 12 That the Hawley's did not intend to mine gravel. No one appeared either in favor or in opposition. Motion by Alderman Abramson "I move that the decision of Case WZ-73-13 be tabled indefinitely until the influence of House Bill 1529 can be determined." Motion was seconded by Alderman Cavarra and died in a tie vote of 3-3. Aldermen Howard, Hulsey and Pepd voted "nay." Motion by Alderman Hulsey "I move WZ-73-13 a decision be rendered on August 16, 1973." Howard and died in a tie vote 3-3. Aldermen voted "nay." be tabled for one week Motion was seconded by Cavarra, Donaldson and and Alderman Abramson Motion by Alderman Abramson "I move we table the matter (decision on WZ-73-13) for one month, until the second meeting in September, so the Council can determine the effects of House Bill 1529." Motion was seconded by Alderman Cavarra and died in a tie vote 3-3 Aldermen Howard, Hulsey and Pepe voted "nay." In answer to a question, Attorney Deuben stated no immediate hardship existed if the decision were delayed. MINUTES - August 9, ~73 - Continued -5- Motion by Alderman Hulsey "I move the decision on WZ-73-13 be tabled three weeks for a decision to berendered at the August 30, 1973 meeting." Motion was seconded by Alderman Howard. Motion to Amend by Alderman Cavarra "I move to add that prior to that time we receive legal and other advice." Motion to amend was seconded by Alderman Abramson and passed 5-1. Question was called on the Motion which passed 5-1. Alderman Howard voted "nay" on both Motions. WZ-73-17 Rezoning Case was heard Glen Taylor stated 1. Applicant Howard Buchanan had requested a change from Agricultural- One to Industrial on 5 acres at 4800 Van Gordon. 2 A preliminary plat had been presented. 3. The Planning Commission had recommended approval because A. It was not in the Flood Plain. B. Right-of-Way was satisfactory. and C Land Use Plan indicates industrial is an appropriate use for the land. 4. The requirements for Industrial Development had been met to the satisfaction of the Planning Department. 5. Comments from agencies who had reviewed the plan would appear on the final plat. 6. That natural features would be preserved on the site. 7. A drainage plan has been approved by the City Engineer and is on file 8. Public Works has requested an additional 15 feet on Tabor. ROW is 30 feet at the site. In answer to questions 1. Mr. Taylor stated a fire hydrant would be placed on the northwest corner, an east-west street was not planned, this development would not landlock anyone else, and that he would check to find out whether or not the US Geological Survey has maps of gravel deposits in the City. Howard Buchanan of 4800 Van Gordon, the applicant, stated 1. The 15 feet of ROW requested on Tabor Street had been granted. 2 Requests of the Arvada Fire Department had been met. 3. He was convinced there was no commercial gravel deposit under his property for the following reasons A. a gravel operation 400 feet south of his property had abandoned its operation and pulled all equipment out which it would not have done if additional gravel available at the site. B A 7 acre hole to the southwest shows clay with no evidence of gravel. C An excavation for highway fill on the east is clay. D. Fruitdale Sanitation District had to haul in gravel to make a bed for a sewer line at 17 feet. E. Irrigation systems go ghrough the property on 25 foot easements and spokesmen have said they won't be given up for gravel, and will not again allow excavation around ground containing a ditch. F. The site had been offered to one gravel company which had declined. G. That existing cuts indicate clay underlies the property, not gravel. 4. An east-west street might be a valid point, however, to the south a steep slope and an existing lake would make the cost prohibitive. 5. That Jim Freeman for Allendale Ltd. held an option and would put in three industrial use buildings. A recreation area, and the hill and pond and trees would remain In answer to a question from Alderman Howard as to why he wanted it zoned Industrial, Mr. Buchanan said he had originally bought it for his home, and subsequently it had been designated industrial, that he had fought industrial zoning on the adjacent property, but it was granted. The area has now become industrial and is no longer suitable for homes or agriculture due to surrounding development, that it is impossible to maintain a home in an industrial area and that the plat submitted is a good one. Bob Ramillion whose property is the 14 acres to the east with 700 feet of contiguous ground spoke neither in favor nor in opposition. He said that with the advent of industrial development and the retirement home they were becoming concerned about access, and asked if an extension of 48 Avenue which dead ends at Tabor was feasible. They felt they were becoming isolated mainly because property to the north of them MINUTES - August 9, 1973 - Continued -6- was given a variance to be 15 feet of the property line. Also, that trucks are now going through a residential area. Two people were present in favor and no one in opposition. Motion by Alderman Howard "I move that Case WZ-73-17 for a rezoning from Agricultural-One to Planned Industrial at 4800 Van Gordon be tabled for one week with a decision to be rendered on August 16, 1973." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Abramson voted "nay." WZ-73-18 Rezoninq Case was heard. Glen Taylor stated 1. Applicants Irving and Elise Cohen had requested a change from Residential-Three to Commercial-One at 3767 Harlan Street on 7,317 sq. ft. 2. The Planning Commission had recommended denial because A. It did not comply with the Land Use Plan. B. It did not conserve the value of surrounding property. C. It did not comply with wishes of neighbors. 0 It could be developed as residential property. 3. The lot was ~lit by zoning when Wheat Ridge was incorporated. 4. It is necessary to have one zone for both parcels for it to be developed because neither is large enough for use by right under its present zone. Attorney Richard Schaeffer of 3900 Morrison Road stated 1. For health reasons the applicants were not present. 2. That the original zoning was split by the City Under the County the entire piece was zoned commercial. 3. There was only a billboard on the property. 4. North portion currently Commercial-One is 70 feet and the south portion currently is Residential-Three and is 54.2 feet. The zoning of Commercial-One had been confirmed by Ralph Carter of the County Planning Department. 5. Recently when owners tried to sell the prop~ty, they learned that upon incorporation the zoning was changed. 6. 54.2 feet was not sufficient frontage for Residential-Three use. 7. No reasonable use remained, and this amounted to confiscation of property. 8. That the filling station to the north was Commercial-One. No one appeared in favor. Appearing in opposition were Gene Snyder of 3720 Harlan who stated there were 7 units adjacent to his property to the south. He said he was not opposed to single family homes but was to commercial. Jerry Kelley of 3725 Harlan Street who said he did not oppose the vacant land but was opposed to the signs on it. He felt commercial would cause more problems and that Harlan Street was not designed for heavy traffic. Motion by Alderman Abramson "I move that WZ-73-18 be tabled for one week and a decision rendered during the normal course of the meeting " Motion was seconded by Alderman Cavarra and passed 6-0. Ordinance No. 135 pertaining to a Use Tax was brought up for second consideration and the title read. Motion by Alderman Abramson "I move the title having been read, that the Clerk dispense with reading the balance of the Ordinance." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Howard voted "nay." Mike Boorman, Manager of the Chamber of Commerce stated he felt a clarification was needed because of the possibility of imposing double taxation. Treasurer James Malone stated that state law has provisions which prevent double collection, but that he w~uld like to see both the Mayor and City Attorney and review it with the Council. Motion by Alderman Howard "I move that this Ordinance be on the of the September Study Session." Motion was seconded by Alderman and passed 6-0. Meet~ng was adjourned at 10 55 p.m. / (J ~?/? 3' '--""'JC--~ Agenda Donaldson Louise Turner, City Clerk