Loading...
HomeMy WebLinkAbout11/22/1976 MINUTES November 22, 1975 Jr Ltl-~ ,j i-I The.~-t1ifo huhdred and forty-fourth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 4355 Field Street at 7 30 p.m. Councilmen present were Mary Jo Cavarra, Joseph Donaldson Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Clerk Elise Brougham, Assistant City Attorney Dana Strout, City Treasurer James Malone, staff and interested citizens. Item 1. was the financial report for the month of October 1976 presented bV City Treasurer James Malone. 94.52% of the estimated receipts had been received to date and 73.14% of the estimated expenditures had been spent or encumbered. He stated he estimated $343,000 in excess from revenue at the year end. He gave the Revenue Sharing Fund, Parkland Acquisition and Conservation Trust Fund report. He stated the Capital Improvements Fund would have a difference of approximately $20,000 between revenue and expenditures which would have to be watched. There being no corrections or deletions to the Minutes of 11/15/75 and 11/8/75, the Mayor declared they stood approved. Public Comment was made by Steven Novakovich of 9195 West 35 Avenue stated that a foot bridge across Rocky Mountain Ditch had been removed by the owner, and that children going to school now use his property and his neighbor's and without the bridge they have to go out of their way to get to school. He also stated there is a gas line across the ditch which children swing on and he felt this was dangerous. He requested that the City replace the foot bridge for the students. The Director of Public Works was requested to look into this and come back with an answer. Item 2. was renewal of various liquor licenses. Motion by Councilman Cavarra "I move that an amendment be drafted establishing the occupational tax fee for nonprofit organizations such as DAV, and that the license be renewed for DAV." Motion was seconded by Councilman Turner and passed 4-2. Motion by Councilman Cavarra "I move that Council approve the license renewal with extended hours and change to Class T Tavern licenses for Caravan West Inc. at 11221 W. 44 Avenue, Lost Knight Lounge Inc. at 3270 Youngfield St., Club Corners Inc. at 5551 West 44 Avenue, Ronald J. Hood dba Rockette Bar at 10005 West 44 Avenue, Disabled American Veterans Club No. 22 at 4901 Marshall. I further move that Council approve the license renewal and change to Class T Tavern license for DB&M Inc. dba Big Daddy's at 10051 W. I-70 Service Road." Motion was seconded by Councilman Donaldson. Motion to Amend by Councilman Howard "I move that the license renewal be omitted for Rockette Bar located at 10005 W. 44 Avenue under the name of Ronald J. Hood dba Rockette Bar." Motion was seconded by Councilmen Merkl and passed 5-0. The reasons given to omit the renewal was that there had been police activity at the establishment. Councilman Turner made a Motion that died for lack of a second to renew the license for Rockette Bar since there had not been a conviction of a liquor violation. Question was called on amended Motion and passed 5-1. Councilman Howard voted "nay." Motion by Councilman Merkl "I move to approve the renewal of the Class G 3-way liquor license for Gasthaus Ridgeview Inc. at 4465 Garrison." Motion was seconded by Councilman Howard and passed 5-0. MINUiT:5 - 11/22/75 - Continued -2- Motion bV Councilman Lavarra "I move to approve the renewal of the Class G 3-way liquor license fOT RobeTt M Murray dba Dancy's at 10117 West 37 Place, and to approve the renewal of the Class G 3-way liquor license with extended hours for Capa Inc. dba Holly West at 3490 Voungfield, and to approve the Class G 3-way liquor license with extended hours for Jim P. Mol a dba Village Inn Pancake House at 4700 Kipling St. And I further move that the Manager Glen Philip Gouker be approved." Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Merkl "I move that Council approve the renewal of the Class D retail package liquor license for Jack L. Farrer Sr. and Jack L. Farrer Jr. dba Jolly Jacks Liquors at 4141 Kipling St." Motion was seconded by Councilman Turner and passed 5-0. Item 3. was Public Hearing for Case WZ-76-24 an application for rezoning from Agricultural-One to Planned ReSdential Development by Wide Horizons Inc. at the corner of W. 35 Ave. and Everett St. Dave Shelley stated the proposal is for single story apartments for senior citizens and that petitions had been received in opposition. The Planning Commission and Planning Dept. recommended denial. City Attorney Dana Strout stated the petitions constituted a legal protest. Mayor Stites swore in all the people who testified either in opposition or in favor. The following people spoke in favor of the rezoning Kenneth C Lane of 2801 Newland who is a member of the Board of Directors of Wide Horizons. He explained that Sunrise Heights Foundation planned to lease the land in question from Wide Horizons Inc. and that they are 2 separate corporations. Robert L White of 3370 Estes stated there is a need for senior citizen homes. Paul F. Goldsmith, attorney at 1151 Bannock sopke on behalf of the applicant and called the following witnesses: Harold Norbloom of 815 S. Josephine, Mr. Don Patton, architect of 5582 S. Morninglory who explained the plan of the building which would provide for individual living areas with a central kitchen to provide meals. There would be 15 single efficiency units, 8 double units and 2 manager units. Mrs. Doris Kibby of 7250 Eastmor Drive, Administrator of Wide Horizons spoke in favor and described the heal~ care facility; Ray Severns on of 1550 S. Albion real estate appraiser stated he felt the surrounding property would not decrease in value if the development was approved, Ken Petch of 12193 W. N. Mexico Place, real estate broker stated the building would have a beneficial effect, Florence Fultz, Chairman of the Board of Directors of Wide Horizons stated that the proposed site was the only one available to be leased since Wide Horizons would need the rest of the land for future expansion, Mrs. Elizabeth Hamilton of 5005 S. Lafayette, Member of the Board for Sunrise Heights Foundation who stated they wanted the building to blend in with the neighborhood, Mr. Vick McCormack of 8500 W. 44 Ave., Mr. Eugene Abermatha of 4041 Estes, Lillian Fleming of 5353 W. 29 Ave., and Lee Morrison of 3820 Routt all spoke in favor. A petition with 25 signatures in favor was turned in also. Speakinq in Opposition were Robert Rae of 9125 W. 35 Ave. stated he had a petition with 45 additional names in opposition for a total of 84 signatures and he stated he objected to an asphalt parking lot for his view and stated that that the Water District had stated they could not guarantee the water pressure and stated it was low in his house presently. Dennis Noktin of 8940 W 35 Ave. stated he was speaking on behalf of 85 homeowners and was opposed, John Eldridge of 3505 Garrison stated the zoning law for PRO was intended for large areas and that the large buffer area on the property had always been desirable, Mr. Steven Novakovich of 9195 W 35 Ave. statedLhe water pressure in the area is low and stated he felt the sewer line would back up with the additional load, Jenny Went,z of 3565 Estes read a letter of protest she had presented at the Planning Commission Meeting and Dorothv Haff of 3500 Everett stated they had recently bought property because of the open area. Mr Goldsmith and Mr. Eldridge were each given time for a rebutt,al, and a 5 minute break was called bV Council. Council reconvened. MINUTES - 11/22/75 - Continued -3- Motion by Councilman Turner "I move that Rezoning Case WZ-7b-Z4, a request for a change from Agricultural-One to Planned Residential Development be denied for the following reasons 1. Council has heard evidence both From the evidence, it is apparent 2. been filed 3. The concept and intent of providing housing for the elderly is commendable, but the increase in density is considered dangerous precedent by neighboring community. 4. The planned increase in density is in conflict with that portion of the Planned Residential Development section of the zoning law which states that planned developments are not intended to increase density. 5. The plan does not comply with the wishes of the majority of the neighborhood as is evidenced by the fact that over 80 individuals signed petitions opposing the rezoning. 5. Few citizens who are residents of Wheat Ridge spoke in favor, in contrast to the large number who spoke in opposition. 7. The Planning Department and Planning Commission recommended denial." Motion was seconded by Councilman Cavarra and passed 5-0. for and against the rezoning. that a legal protest has Item 5. was a Public Hearing for change of ownership for Red Lobster INN at 4455 Wadsworth from Donald E. Jones to Red Lobster Inns of America Inc. Assistant Secretary Richard S. Clark and license administrator was present. Motion by Councilman Cavarra "I move that Council approve the renewal of the Class G 3-way liquor license wit,h extended hours for Red Lobster Inn #119 at 4455 Wadsworth, and the manager Benjamin Samuel. I further move to approve the change of owhership to Red Lobster Inns of America Inc. dba Red Lobster Inn #119 at 4455 Wadsworth effective January 1, 1977~ Motion was seconded by Councilman Hulsey and passed 5-0. Item 5. was a Public Hearing for change of hwnership for from Johnny Green to Ramada Inn I-70 West Joint Venture. attorney was present and the manager Phillip E. Burns. Ramada Inn Roger Johnson, Motion by Councilman Donaldson "I move that Council approve the renewal of the Class G 3-way liquor license with extended hours for Ramada Inn I-70 West at 10101 I-70 Service Road North, and the Manager Phillip E. Burns. I further move to approve the change of owhership to Ramada Inn I-70 West joint Venture to be effective January 1, 1977." Motion was seconded by Councilman Merkl and passed 5-0. Item 4. was Public Hearing for Case MS-75-05 rn application by Vernon E. Farr Jr. for a minor subdivision located at the SW corner of W. 32 Ave. and Pierce St. This was a revised version of a subdivision that had been denied. It consisted of 3 lots with two lots having single family homes and one lot having a double built. The square footage requirement for each lot was met but the lot with the existing house is non-conforming for setback requirements. Dave Deuben, attorney represented the applicant and presented 2 petitions of property owners in favor of the subdivision. Speakinq in Opposition was Thomas M. Slattery of 5859 W. 32 Ave. stated that Pierce St. is a 50' ROW in the Comprehensive Plan and did not feel a dedication was necessary on the street. He stated he was not as opposed as he had been to the first subdivision because of the change of making 1 single family house for one of the lots from a proposed double. He stated Mr. and Mrs Miller of 5840 W. 32 Ave. had been present earlier and were opposed. Bob Euser of 5745 W. 32 Avenue stated he was opposed to the rezoning and that it would bring down the value of the surrounding property. Motion by Councilman Turner "Because of a technicality this subdivision meets all requirements, I move that Case MS-75-05 be approved with the following stipulations 1. A walkway dedication (10') be made along Rocky Mountain Ditch and 2. No street dedication be made at this time." Motion was seconded by Councilman Donaldson and passed 5-1. Co~ncilman Howard voted "nay." MINUTES - 11/22/75 - Continued -4- Councilman Merkl made a motion that passed unanimously to handle only items on the Agenda that people WBre prBsBnt for and adjourn, due to the hour. Item 8. was a report from MilEr, Serafini and Meurer on revised plans and estimated costs for improvements at various intersections. The report is attached to the Minutes. Carl TebbBns was present from the company to explain the re~ions. Councilman Merkl suggested that these proposals bB sent to 1977 Street Improvement Committee for recommendation for action, and that the final design plan should be complBtBd. It was also suggested that city crews tear up the asphalt. when the work was to be done to save on the cost. Motion by Councilman Merkl "I move that we direct Meurer, Serafini and Meurer Inc. mproceed with the final design stage for W. 35 Ave. and Ames, W. 35 Ave. and Benton St., W. 41 Ave and Harlan St., W. 41 Ave. and Ingalls St. and W 41 Ave. and Kendall St. for the 1977 StrBet Program. I further mOve that we set the boundary of W. 35 Ave. between Sheridan and Chase, in conformance with exsiting 40' ROW that is now there." Motion' was seconded by Councilman Donaldson and passed 5-1. Councilman Turner voted "nay." Item 10. was an agreement with the Landplan DBsign Group, Consultant for preparation of a plan for the City Swimming Pool for the BOR grant application to bB located at W. 29 Ave. and Wadsworth. Motion by Councilman Cavarra "I move we authorize the Mayor to enter into an agreement with Landplan Design Group, consultant, for prBparation of plat plan for the City Swimming Pool BOR Grant Application for an amount not to exceed $500.00 to be charged to Account No. 450.32." Motion was seconded by Councilman Hulsey and passed 5-0. Motion to Amend by Councilman Cavarra "I move the Account number in the previous motion be changed to 410.55." rttion was seconded by Councilman Merkl and passed 4-2. Councilmen Hulsey and Howard voted "nay." Item 11. was an agreeemtn with Pahl and Assoc., architects for preparation of plans for EDA City Hall Grant Application for funds from the Public Works Employment Act of 1975. This was for the property at W. 29 Ave. and Wadsworth also, and it was stated that the plans would be coordinated. Motion by Councilman Cavarra "I move that Council approve the agreement with Pahl and Assoc., Architects, for preparation of basic information needBd for EDA city hall grant application for funds under the Public Works Employment Act of 1975 and authorize the Mayor to sign the agreement to be charged to Account No. 410.55 in an amount not to exceed $3720." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Howard voted "nay." Meeting was adjourned at 12 10 a.m. Elise Brougham, City Clerk APPROVED -~ --Mo(. ..-.,.' , ," " \ . '1'-' '\ , ~ g ,:...-- $--'"~~ r;r-~E\Y?-.9 '::" ;;GE ,.. ,~ 1. j. 1 ,. CITY \., CONSULTING ENGiNEERS ---- .;~----- DENVER, CCL:JRAon.80216 (303) 158'3~~'433-%t ,j"1 --415 NF! - .,1"----- ------- MEURER, SERAFINI AND MEURER, INC. 570 WEST 44TH AVENUE AT FOX STREET November 17, 1976 ern /.\Il~\S~ hATOR -.- Mr. John A Jerman City of Wheatridge City Hall Box 610 7470 West 38th Avenue Wheatridge, Colorado 80033 RE Intersection Designs in Wheatridge Dear Mr. Je:::-man With reference to our telephone conversation this morning, I am submitting the preliminary construc~ion cost slli~ary for the five intersections whlch we are studying The summary shows the preliminary costs which we worked up for the November 1st City Council Study Session and the preliminary costs wnich we have detennined based on our latest analysis and are listed below Preliminary Cost Estimate Intersection Original Revised 35th Ave. & Ames St $11,965.75 $10,391 60 35th Ave. S: Benton St 10,712 25 10,645.80 41st Ave. & Harlan St 14,717 70 2,662 00 41st Ave. & Ingalls St 5,024 93 3,388 00 41st Ave. & Kendall St. 13,282 50 13,282 50 TOTOAL COST $55,703 13 $40,369 90 The revised costs are based on the changes which the City Council requested and are as follows 1. 35th Avenue and Ames Street - Construct two North-South concrete cross pans (across 35th Avenue) and removp and re~lace necessary asphalt to provide a smooth transition 2. 35th Avenue and Benton Street - Construct two North-Sou~h concrete cross Dans (across 35th Avenue) and remove and replace necessary asphalt to provide a smooth transition C, $, Mellrer E. M S'9rd~ini M, 1'/, Meurer E- L. Vcrl Cn:o," Mr John November 2 A Jerman 17, 1976 3 41st Avenue and Harlan Street - remove and replace asphalt west of the existing pan only to provide a smooth transition 4 41st Avenue and Inqall Street - remove and replace asphalt on both side of existing pan to provide a smooth transition. 5 41st Avenue and Kendall Street - remove existing 8" outlet pipe and repl:lCe with an 18" Rep along with the construction ~f a bubble up inlet (No change from original recommendation) I will be happy to discuss the proposed revisions with the City Council on 110nday, November 22, 1976. Should you have any questions prior to that mee~ing, please contact me. Sincerely, GENGE/MEURER, SERAFINI AND MEURER, INC. tJ#~ Carl A Tebbens, P E. Associate Principal CAT/las "'.'-'1