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HomeMy WebLinkAbout10/20/1975 f-lINUTES Octooer dJ, LJn I flC: thnE hUlldl'ed drlD decond regular City Council was called to order by at 4_:0::> I ield Street. meeting or the Wheat Ridge Mayor Roesener at 7 4U p.m An Lxecutive Session had been held prior to the regular meeting. Councilmen present were Mary 00 Lavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Mer~l and Louise Turner. Also attending were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. Motion by Councilman Merkl any tJlinutes this evening." and passed 5-1. Councilman "I move that no action be taken on Motion was seconded by Councilman Dona Ids or Turner voted "nay." City Treasurer James Malone gave his Budget and Appropriations Report for the month of September ,975. He stated the projection on the anticipated revenue is short $58,000 and the fund balance should be short $31,810 totalling $90,000~PP~~X~tated he wanted Council to be aware that the anticipated revenue from Revenue Sharing will be short by $13,564 but encumbrances have been made against the total projected revenue in this fund so the difference will have to be made up. Mr. Jerman explained one reason why this is off is that the income from interest was made prior to purchase of the police building wnich depleted the fund. Resolu tion ,,0. 417 authorizing transfer of invested funds in a Cof D to the general fund was introduced by Councilman Donaldson and was read. Motion by Councilman Donaldson "I move for the adoption of Resolutiofl -;0. 417." Motion was seconded by CO'_Jncilman Hulsey and passed 6-0. Public Comment was made by Mike \'illano, attorney of 4315 Wadsworth who stated he had a liquor application filed but it had been too late to place it on tonight's agenda for a Preliminary Hearing and asked Council if they would consider it tonight so that a hearh~~ ~ate could be set and a boundary. The application is for Wheat ~~aza Partnership - Gordon E. Phiefer, Eugene C. Smaldone and James H. Erfurdt dba Super 30wl at 7700 W. 38 Avenue for a Class ~ liquor license. Motion by Councilman Hulsey "I move that a Public Hearing be set for November 24th, ~975 of the Wheat Ridge Plaza Partnership (for a Class 3 liquor license located at 7700 W. 38 Avenue) and that a boundary be set at 1 mile radius." Motion was seconded by Councilman Donaldson and passed 6-0. Case WZ-75-13 a rezoning request by Glen M. Walsh at 7005 West 44 Avenue from Residential-Two to Restricted-Commercial-One was scheduled Dennis Zwaqerman, Director of Community Development stated the Land Use Plan is low density residential and the Planning Departmenr and Planning Commission recommended denial. He did state that the attorney for the applicant wanted to have a continuance of the case Carol VanPelt, attorney for the applicant stated at the Planning Commission she had requested notification of the hearing date and had been told she would receive it, but did not. The applicant received their notification on Saturday. She stated she wanted a delay so that she could properly prepare the case and have certain people testify who she could not get on such short notice. Councilman Merkl asked if tJlr Zwagerman slated "yes." also. City Attornev (OX if requested and at that why the change is valid. the property waH properly posted and Councilman Hulsev stated it was published suggested that the continuance be given time of hearing the applicant must show MINUTES - 10/20/75 - Continued -2- Motion by Councilman Merkl "I move we continue the hearing (ON Case WZ-75--11mtil November 17, 1975." Motion was seconded by Carncilman Turner and TIED 3-3. Councilmen Hulsey, Donaldson and Howard voted "nay." Mayor Roesener voted "aye" and MOTION PASSED 4-3. Several citizens had been in the audience tn hear the rezoning case with petitions, and they were told their petitions would be valid and to come back on November 17, 1975. Mr. Zwagerman stated the property would be reposted but not republished. Case WS-75-05 Applewood ~nolls 12th filing subdivision by Ralph Jacobson at West 32 Avenue and Quail Street under present zoning of Residential- One was scheduled. Mr. Zwaqerman stated the preliminary plat shows 6 lots with the south lot 748'. He stated there was a review from forrest Smith of the Public Works Dept. stating need for the following requirements 1. Development Agreement for curb, gutter and sidewalk. 2 Certification that all drainage will follow the natural drainage flow 3. Information from the engineer concerning detention ponds of Lots 1-5. They need to be reviewed by the EngineeringDspt. and the City Engineer. 4 Show the cuI-de-sac as two different tracts. Tracts A and 3, so they can be vacated at the time the street is extended toward W. 38 Ave., if it comes into being. 5. Show drainage easements across Lot 6 for the two drainage pipes coming into the property and also a drainage easement for the large drainage channel across Lot 6. 6. It was brought to our attention the City of Lakewood is proposing a 36" R.C.P. pipe to be ifEtalled at the southeast corner of the property. This pipe is a drainage pipe and we should have more information concerning the additional runoff coming from this proposed pipe. He stated the Planning Commission waived the curb and gutter requirement and approved the plat. Councilman Cavarra stated it appeared there were numerous questions pending and questioned if there would be parkland dedication. Mr. Zwaqerman stated he felt it was most appropriate to request money in lieu of parkland. Councilman Cavarra asked if the Lena Gulch Report had been reviewed and the luright McLaughlin Engineers had been consulted, and that there is the possibility of easements for a walkway along the Gulch Mr. Zwagerman stated they had not been consulted. Councilman Cavarra stated there was discussion of a walk easement to the school from the west along W. 33rd at one time and was this considered. Mr. Zwaqerman stated "no." Councilman Turner stated she knew there was a letter from the R-1 School district recommending a walkway along W. 33 Ave. but was not in the packet. Councilman Hulsev stated at the time the letter was written the park plan had not been adopted and all the facts were not known. Mr. Zwagerman obtained copies of the letter and stated the projected enrollment and there was a walkway recommendation along W. 33 Ave. The letter was dated 6/3/73. Councilman Turner stated that there should be current communications. Councilman Hulsev objected to no curb and gutter in the area and stated the area already has it established. Mr. Zwaqerman stated there is a possibility that Quail will flever be extended and will endwith a cuI de sac with a maximum of 6 homes. He stated there is no home for 748' of open field and the curb would 'stick up" above the ground. He stated the topographic character of the subdivision does not lend itself to curb. In answer to ROWand that road and cuI like to see a question he stated there is less than 50' existing the fire department has not recommended extending the de sac any further. Councilman Merkl st.ated he would dedication on the street extended MINUTE5 - 10/20/75 - Continued -3- Councilmdll TUTller ::itcHed there is :-iteejJ slope right above the flood plain which flow6 onto ttJis property and the property in qU86tion both contribute to the runoff into Lena Gulch. Consequently, the less imperviou6 material such as paving and curb and gutter !he better it is. She stated the plan leaves the massive drainage area from Lakewood wide open and she recommended that there be park dedication instead of requesting from the developer. She stated that in the future when there is land in question with close proximity to Lena Gulch that information from Wright McLaughlin be obtained and that she had called the engineering firm herself and that they requested a retention pond on the north lot for runoff from 6 building sites and rhe street. . north Counc~lman Cavarra asked how dose the 'west corner of the property was to Lena Gulch. Mr. Zwaqerman stated 100' to 250' Councilman Turner stated 12'. Later in the discussion Emmett Lane engineer for the applicant stated it was 60'. Mr. Jacobson said 200~ Ralph Jacobson owner of the property stated he had owned it 3 years. He stated since there are 95' or more fiontages he felt curb and gutter was not necessary. He stated the sites are larger to allow horses. He mentioned that Lakewood had increased the runoff but did not recognize liability. He stated the agreement that homeowners would sign would be if curb and gutter was required later the cost would be paid out of a 10 year plan. Councilman Merkl stated he felt the catch basin at the end of the cuI de sac could get filled with dirt with no curb and gutter. Councilman Turner stated if the lots had been left as acreages no curb is required, and an open f~d absorbs more moisture than a tight lawn. Emmett Lane, Engineer for the applicant stated curb and gutter was discussed at the catch basin and they proposed curb and gutter on the north end of the cuI de sac for that purpose and to block the street also. He stated if it was all curb and gutter the erosion problem would far outbalance the other problems. There would be an asphalt gutter on the west side. Councilman Turner asked if the asphalt curb would be on lots 2-5 and he said "no" because the water does not flow westerly. He stated there would be 3000 sw. ~ of water increase. He stated the proportion of excess runoff is minor compared to total runoff that will occur and there will be detention ponds of the lots if practical. Councilman Turner stated due to the large runoff now, there should be absolutely no runoff from Mr Jacobson's property that is increased In answer to a question, City Attornev Fox stated the curb and up gutter agreement could be placed on the plat which would be picked~in the title He stated the development agreement could be used also. Mayor Roesener read one letter of opposition from lrrestine Williams at 11100 W. 38 Avenue which stated no development should occur until after the flood plain has been corrected. Motion by Councilman Merkl "I move that Case W5-75-05 be approved and acceptance of the Preliminary Plat for the following reasons 1. It was recommended by the Planning Department. 2. It was recommended by the Planning Commission. 3. It is an improvement over existing conditions. 4. The subdivision meets all ordinance requirements except for curb and gutter which I would like to see adevelopment agreement worked out on this matter. 5. And that this approval be gi~nproviding that the six points raised in the memo from Mr. Forrest Smith dated 10/20/75 are resolved." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Turner voted "nay." The Memo is attached to the Minutes. MINUTES - 10/20/75 - Continued -4- A Master Plan for the Extraction of Sand and Gravel was scheduled for action by Council. rran_k Call_aha,~ of 7020 W. 38 Avenue stated he did not oppose the concepr of a master plan but was concerned about the procedure and how the land could be reclaimed He stated it was expensive to reclaim the land and questioned where the ground water would flow north of W. 44 Avenue. He stated ~ime is very expensive to the gravel i-dustry and developers and they want to know how to proceed. CouncillTl f'ieT.g all these questions would be studied to see if it. i, 1e sible [;0 extract the gravel. Councilman Hulsey stated this is 8 guideline which was required of HB 1529. Councilman Turner stated that there should be a time limit put in for when the applicants come to Council for approval. Dennis Zwaqerman stated the developer has a time limitation with bonding required for backfilling, and if it isn't done the bond can be used for this purpose. Councilman Cavarra stated that solid waste and sanitary landfill is a possibility for land reclamation. She stateo she was hesitant to adopt the plan since it has the wording that a developer can say it is unfeasible to mine and then not have to extract the gravel. Councilmsn Merkl and riulsey felt the burden was on the developer to reclaim the land. Motion by Councilman Merkl "I move for the adoption of the Plan for Extraction of Sand and Gravel Resources dated u e and prepared by the Department of Community Developme'11." was seconded by Councilman Hulsey. Elster 175 otior Motion to Amend by Councilman Turner "I move thRt 0'1 page 12. with the sentence beginning 'This procedure shall be followed' be changed to 'This procedure shall be followed, if the steps numbeuD 1,2, and 3. which follow, apply. ," Motion was seconded by Councilman Merkl and passed 5-0. Question was called on Amended Motion and passed 6-0. !iotion by Councilman Merkl "I would like to move that the meeting not continue past 11 30 p.m. this evening, and we handle on the Agenda the ordinances and resolutions, Items 4.8.2, and 3 and 4.C.1 with these last items first. Resolution 3.B first and 3.A next and the others as they appear on the Agenda." Motion was seconded by Councilman Cavarra and passed 5-1. Councilman Turner voted "nay." Plans from Binder Construction Co. for reconstruction of the bridge at W. 35 Avenue and Jay were considered. Clyde Hobbs, Director of Public Works stated he had a letter from the State Dept. of Highways, Department of Bridges stating their opinion of Mr. Binder's design and which objected to some of the design. The letter is attached to the [vlinutes. Councilman Cavarra asked if Mr. Binder's design was close to what 'had been there before, and if it was within the contract to force him to replace above of what was there originally. Mr. Hob~~ stated Mr. Binder's design was comparable to what was there. Motion by Councilman Merkl "I move we direct Mr. Hobbs and Mr. Fox to meet with Mr. Binder (of Binder Construction) to negotiRte on the recommendations of the Colorado State Department of Highways pursuant to the let1er from them." Motion was eEconded by Councilman Donaldson and passed 6-0. MINUTES - 10/20/75 - Continued -5- Mr. Jerman announced that the Sign Code Revision Committee had been formed. Councilman Merkl stated he knew billboards had been left out of the 2 year time extension given to other non-conforming signs and stated he wanted them included. Motion by Councilman Merkl "I move that the Community Develo~ Dept. brirg i'llo our next regular meeting an oridnance amendment to allow all legal non- conforming signs in the City to have a 2 year extension." i"lotion was seconded by Councilman Hulsey and passed 5-1. Councilman Cavarra voted "nay." Report from the City Attorney regarding i"lr. Jim Britton's claim against the City at 3612 Garland Street pertaining to damage of his property due to the stree~ grade was scheduled. In conclusion it stated that the City has suffered no liability in the matter and therefore does not need to compensate Mr. Britton. The opinion is att2ched to the Minutes. Mr. Fox stated the grade of the street is within 1/10 of a foot as specified on the plans. The city inspection is for the safeguard of the community as a whole and the roadway is designed to be safe. He stated Mr. Archer, the contractor put in a retaining wall with Mr. Britton's knowledge and the city doesn't establish grades and the developer put in the road. He stated Mr. Bri tton does have a means of getting into his property and was not prohibited from reaching his property. IVlotion by Councilman Cavarra "I move that the city negotiate wi th Mr. Britton on the grounds of moral responsibility for a settlement not to exceed $1,000 contingent upon determination of a proper account number." Motion was seconded by Councilman Turner. Discussion followed. Mr. Britton sta~ed the retaining wall is on the city ROWand not on his property and he did not negotiate with Mr. Archer on it. He stated Mr. Archer stated the city requested that the original plans be changed on the grade. Holland St. is higher that Garrison St. The former Director of Public Works, bIen Taylor told him the street was not properly designed and that his ground should have been considered. Question was called on the MOTION by Councilman Cavarra and WAS DEFEATED 4.'J i~ouncilm8n Hulsey, Merkl, Donaldson and Howard voted "nay." iot~_[J.T}_ by Councilman Merkl "I move that the list of election judges be approved as received from Jefferson County." Motion was seconded by Councilman Donaldson and passed 6-0. The list is attached to the fVlinutes. Resolution ~o. 418 stating objections to the proposed increase in the mill levy by the R-1 School District Wffi introduced by Councilman Merkl and was read. Motion by Councilman Turner "I move for the adoption of Resolution ~o. 418." Motion was seconded by Councilman Donaldson and passed 6-0. Motion by COUBilman Merkl hear a report from the City Howard and passed 6-0. "I move we deviate from the Agenda to Attorney." Motion was seconded by Councilman City Attornev Fox stated he had 2 resolutions for condemnation of land-'by eminent domain for park purposes. He stated these properties have prospective purchasers. He also stated he had met with the Open Space Committee representative, Ray Printz pertaining to the recent approval of Council to purchase the Bossick pro~ty with Lakewood and the County and that there had been erroneous informati~n pertaining to the acquisition of water rights which are in actuality on a lease hold basis. There is discussion for an intergovernmental agreement for maintenance of the property also. Resolution No. 419 was irtroduced by Cou,cilman Merkl authorizing condemnation of land at W. 27 Ave. and Benton owned by the Hart Estate and was read. MINUTES - 10/20/75 - Continued -6- Counc~l~an Merkl stated he would like to see withdrawal of the Resolution pertalnlng to the.Bossick property. He stated he felt the Hart Estate was very lmportant and the "City should go all out, and do whatever we have to do to obtain that one portion of property." He stated regarding the property at W. 29 and Wadsworth "I don t know about i-hat because some of the talk on that was Lakewood and the County also participating in that at one time because of its ~lose~es~ to Lakewood! I'd heard some, talk that Lakewood was interested ln thlS. He stated ln one presentatlon this was mentioned. He stated, "~ don't really like the idea of condemning property for parks, buT, ln the area of the Hart Estate, I think it's quite necessary. On the area of 29th and Wadsworth, I'm not all that sure it is." Mr. Jerman stated regarding the Hayward property (W 29th and Wadsworth) that tm Beth Eden Church is pressing very hard to acquire it and "they call almost daily and their offer is a good $30,000 more than the City's offer plus a 9% interest on the 5 year contract." He stated if the City is interested the only way to acquire the land is by condemnation. Councilman Hulsev asked if the land was zoned for Beth Edens use. City Attornev Fox stated residential property can be used for church purposes. Councilman Hulsev stated church property pays no tax. Mavor Roesener stated he dislikes condemnation also but "there are times when it's needed." He statD regarding the 29th Ave. and Wadsworth property there is no park in the area other than a small ball diamond at 29th and Newland, and also there is no park property at the Hart Estate location. Motion by Councilman Merkl "I move for the adoption of Resolution No. 419." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Turner voted "nay", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", and Councilman Merkl voted "aye". Resolution No. 420 authorizing condemnation of land at W. 26 Avenue and Wadsworth Blvd. was introduced by Councilman Merkl and was read. This land is owned by Frank Hayward. Motion by Councilman Hulsey "I move to amend the description of the property t read 'Between W. 26 Avenue and W. 29 Ave. and Wadsworth.'" Motion was seconded by Councilman Merkl and passed 5-1. Councilman Cavarra voted "nay." Motion by Councilman Merkl "I move for adoption of Resolution r~o. 420." Motion was seconded by Councilman Donaldson Councilman Howard asked if there were enough funds to acquire these 2 parcels of ground in the Open Space Fund. City Attornev Fox stated Mr. Horton had informed him that there is enough money. He stated action will not be taken until a second resolution from the Commissioners is passed. Councilman Turner stated she was opposed to the Resolution because she felt it was improper to condemn land for park purposes. Question was called on the adoption of Resolution No. 420 and TIED 3-3. Councilman Donaldson voted "aye", Councilman Hulsey voted "aye", Councilman Howard voted "nay", Councilman Merkl voted "aye", Councilman Turner voted "nay", and Councilman Cavarra voted "nay." Mayor Roesener voted "aye" and MOTION PASSED 4-3. City Attornev Fox stated Resolution No. 400 authorizing the purchase of Lots 16 and 19 in Fruitdale Valley Subdivision for $15,750 and the appraisal is $19,500. Mr. Jerman stated the owner had incurred expenses several months ago making the cost higher. sta~.ed he ichough t, the price had been set "in black Councilman Hulsev - ' f'l.!.n~ TES - 10/20/75 - COilt1nued -7- and White" and wondered what happened. Mr. Jer_m.5.l!l. sf-ated Mr. Callahan had put in some improveme!"ts. He stated there is an appraisal from the Open Space Committee and ir came in at $~9,500. Councilmar Merkl stated Mr. Callahan accepted the previous price through a 0-erbal contract. Ci tv At tornev Fox s ta ted verbal contrac+s are not binding. Mr. Jerman read the Minutes of 5/27/75 authorizing the original price providing it was acceptable to the Open Space Committee and if it was not that Lot 19 be given priority. Councilman Huls~JL stated Mr. Callahan wrote a lelter to Ihe City setting the original price. Mavor Roesener felt @4,OOO ir crease was excessive. Councilman Merkl suggested just buying one of the lots, Lot 19 for $8,500. Q~~ni~Zwaqerman stated the difference in the price has to do with escrow monies that are in for curb, gutter and sidewalk. Mavor Roesener stated escrow is refunded when improvements are put in. City Attornev rCo,>:. is to look into the matter to see if the owner, Mr. Frank Callahan is committed to the previous price and what exactly h, transpired since the Resolution. Councilman Turner stated due to recent zoning amendments a double could be built on one of the lots where it previously could not be. Meeting was adjourned at 11 35 p.m. APPROVED I J, .~~ /7 ",- '"'If~/3 r Page 7 Minutes Oct. 20 Sri j - Cities and Towns STATE DEPARTMENT OF HIGHWAYS CHAS E, SHUMATE G EXECUTIVE DIRECTOR -- -... '\ Bridge File 12-00-00 COLORADO STATE PATROL COL. C WAYNE KEITH CHIEF rATE OF COLORADO 01\ ISION OF HIGHWAYS E. N HAASE CHIEF ENGINEER t I [' 4201 EAST ARKANSAS AvENUE DENVER COLORADO 80222 (303) 7579011 October 20, 1975 Mr Clyde E Hobbs Director of Public Works City of Wheat Ridge 11220 W 45th Avenue Wheat Ridge, Colorado 80033 Dear Mr Hobbs We have reviewed the attached details a concrete box culvert at W 34th Ave the proposed details for the proposed replacement of a portion of and Jay St Following are some comments on Compared to our Standard Concrete Sox Culvert details the thickness of the slab and the size of reinforcing appears to be inadequate for a 12 foot clear span box However, our standard boxes are designed for HS 20-44 loading There is no indication if this box was designed in accordance with any AASHTO Standard Highway Loading 2 Without adequate foundation information it is impossible to determine the adequacy of the footing size 3 The inlet of the box particularly, and the outlet depending on the existing ground line, should have wingwalls Wingwalls at the inlet are necessary from a hydraulics consideration and also to prevent erosion Wingwalls at the outlet may also be necessary to prevent erosion 4 It does not appear prudent to attach a new concrete box onto the short section of the existing box without knowledge of the construction and condition of the existing box 5 The proposed handrail definitely does not comply with AASHTO Specifications We would suggest that a more substantial rail be used In closing we would reco~mend that the box be designed by a competent Professional Engineer for a Standard AASHTO Loading that is mutually acceptable to all parties concerned Very truly yours, PC jc ut-t::lrhmon+ E N HAASE Chief ,En. gineelf/ \ 'Jc' /! L . '-1J.U,.j{."j ) ~ --,' l-.... \ By Paul Chuvarsky, P E C~~&& n'A ~__ r__ CITY Page 8 Minutes IO/20 JF 'VHEAT RiDGE .... IV-MOR. JDUWi To Planning Department From Forrest Smi th Subject Jacobson Subdivision Date October 20, 1975 Approved Date I have reviewed the drainage study for Applewood Knolls, 12th Filing and found \-le need the follocving requirements 1 Development Agreement for curb, gutter and sidewalk 2 Certification that all d-cainage \-lil1 fo1lar'1 the natural drainage flow 3 Information from the engineer concerning detention ponds on Lots 1 - 5 They need to be reviewed by the Engineering Department and the City Engineer 4 Show the cul-de-sac as two different tracts so they can be vacated at the time the street toward W 38th Avenue, if it comes into be~ng Tracts A & B, is extended 5 Show drainage easements across Lot 6 for the two drainage pipes coming into the property and also a drainage easement for the large drainage channel across Lot 6 6 It was brought to our attention the City of Lakewood is proposing a 36" R C P pipe to be installed at the S/E corner of the property This pipe is a drainage pipe and we should have more information concerning the additional runoff coming from this proposed pipe ~,~vu~/ ht'AJ/ For'rest E Smith . FES/es /"" ;;2c REVISED 10-!5-75 Page 9 Cr ~inutes CITY OF WHEAT RIDGE - MUNICIPAL ElECTIO~ NOVEMBER 4, 1975 WARD I PRECINCT I COUNTY PRECINCTS 301-309-411-417 301 JUDGES DOROTHY JOHNSON Supply Jurlge 3001 CHASE STREET DENVER, COlO 80214 233-1310 411 417 MAXINE PARKER 5665 W 27TH AVENUE DENVER, COlO 80214 237-0908 309 \"ARD I JUDITH COMPOSTO 5600 W 38TH AVENUE DENVER, COlO 80212 423-1539 417 ALTERNATES SAllY MC GlOTHlEN 2835 OTIS COURT DENVER, COlO 80214 237-3057 Doris Thompson 2845 Fenton St. Denver, Colorado 80214 2373409 PRECINCT II - COUNTY PRECINCTS 303-307-311-321 303 ELAINE BACA 7320 W 33RD AVENUE WHEAT RIDGE, COlO 80033 233-1596 303 321 BERYL FRAZIER Supply Judge 7425 W 34TH AVENUE WHEAT RIDGE, COlO 80033 237-2432 321 Gail Ca:c'8Y 3190 l:Jadswort-, Denver, Colorado B0215 D7-0n9 HELEN PIXLEY 7111 W 29TH AVENUE DENVER, COlO 80215 233-3785 311 REVA ENSOR 6001 W 32ND AVENUE WHEAT RIDGE, COlO 80033 233-1760 WARD II PRECINCT III - COUNTY PRECINCTS 218-238-302-318-323 323 218 218 M CAROLYN RI TZ Supply Judqe 5115 SWADLEY STREET WHEAT RIDGE, COlO 80033 422-4670 302 BARBARA DAUBENSPECK 8630 W. 46TH AVENUE WHEAT RIDGE, COlC 80033 421-7967 302 HELEN TEIlBORG 4576 ESTES STREET WHEAT RIDGE, COlO 80033 424-2745 318 -1- ETHELYN CROHE 10351 H 44TH AVENUE WHEAT RIDGE, COLO 80033 424-0031 CLARA JEAN PACE 10855 W 47TH AVENUE WHEAT RIDGE, COlO 80033 424-7947 IRENE GIMENO 5075 GARRISON WHEAT RIDGE, COlO 80033 424-6470 ,- " /' JUDGES ALTERNATES WARD II PRECINCT IV - COUNTY PRECINCTS 305-306-310 306 MARY DIMITROFF Supply JudD8 7465 W 48TH AVENUE WHEAT RIDGE, COLa 80033 424-9673 310 305 ANN BERTOLETTE 4475 HARLAN COURT WHEAT RIDGE, COLO 80033 422-5704 306 Hazel McLain 4465 Teller St. Wheat Ridge, Colo.B0033 424-2965 306 ANNA MAE PALMER 4670 WEBS fER STREET WHEAT RIDGE, COLO 80033 422-1967 KATHLEEN BOHER 4690 BALSAM STREET WHEAT RIDGE, COLO 80033 424-8747 WARD II PRECINCT V - COUNTY PRECINCTS. 304-312-324 324 VIRGINIA PROSE 4135 INGALLS STREET WHEAT RIDGE, COLO 80033 424-4788 312 312 Barbara Jubrias Supply Judge 4040 Lamar Wheat Ridge, Colo. 80033 424-1750 304 Pearl Winblad 5B65 W. 38th Ave. Den Lr, Colo. 80212 424-7549 CATHERINE MC DERMOTT 3925 MARSHALL STREET WHEAT RIDGE, COLO 80033 424-6891 304 NANCY E ROBERTS 3940 CHASE STREET DENVER, COLO 80212 424-7293 WARD III PRECINCT VI - COUNTY PRECINCTS 313-315-317-322-325-326 325 325 313 Frances J. Austin 4210 Garland St. Wheat Ridge, Colo. 80033 424-5953 325 BEVERLY HOWER 43 SKYLINE DRIVE DENVER, COLO 80215 232-0366 FLO HI LMOT Supply Judge 25 PARAMOUNT PARKWAY DENVER, COLa 80215 237-7308 326 FRANCES J AUSTIN 4210 GARLAND STREET WHEAT RIDGE, COLO 80033 424-6963 ESTHER BURKHOLDER 9005 W 32ND AVENUE WHEAT RIDGE, COLO 80033 237-6660 322 William Hamilton 3231 tJalsam Wheat Ridge, Colorado 80033 233-6853 -2- Page 10 Minutes 10/20/75 AGENDA 'TEM- ,Ie / - ;1' OCT '0 'f91S STUDY SESSION ITEM ,J.' ... ~ ~t '1i.' 'fj ./1:: ".~' \<, ,/;. - :'^ ~ t .; ;': r~~ < M E M 0 RAN DUM '\I!:t .}' ~~;, .~. DATE October 15, 1975 ,f" :~: ~~i '~' TO John Jerman -- f ~, * FROM SUBJECT Maurice Fox, City Attorney JIM BRITTON PROPERTY 3630 Garland Street, Wheat Ridge Please be advised that our office has conferred with c ~f' ~ Mr Forrest Smith and Mr Jay Smith, both of the Public : ~ Works Department for the City of Wheat Ridge and Larry Thomas, former Chief Engineer of the City of Wheat Ridge, now presently the Adams County Public Works Dept regarding Mr Britton's property and his claims regarding change of the street grades for the street abutting the ,.ji ~ f ,~ ~ " l$ '; ". ;f. ~ rear of his property I have reviewed the City's file re- -- <Jr' f .~ :.;;.. 1: ~ ~, ~' ,'?'- i" i ,~ ~ J f; 'g l'l 'J), ~ ,; ~ garding this matter and have personally viewed the pro- perty and photographs of the alleged damage It is my conclusion that, after talking to these individuals and investigating this matter, that the City has incurred no liability whatsoever to Mr Britton for the damage to his property The curb, gutter, and street grade on the west side of the street upon which Mr Britton's property abutts were built according to plan Forrest Smith of the Public Works Department of the City of Wheat Ridge recently sur- --1 veyed the street grades and elevations adjacent to Mr Britton's property The finished curb, gutter, and {..~ rr " i;' r . i ~ -2- street grades at Mr Britton's property are within l/lOth of a foot from the elevations and grades delineated in the plans Based on Mr Smith's survey and state- ments furnished to our office, it is my conclusion that the City has incurred no liability whatsoever for the problems encountered by Mr Britton Any liability arlslng from the fact that the northeast corner of Mr Britton's property is approximately two (2) feet above street grade would attach to the contractors involved in putting in the street, and not to the City Based upon these facts, any recourse that Mr Britton might have should be effected through the judicial system and against the contractor The City has suffered no liability in this matter, and therefore need not compensate Mr Birtton for his loss