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HomeMy WebLinkAbout06/17/1985 JUNE 17, 1985 7 30 P m CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Larry Merkl, Clyde E Hobbs, Moe Keller, Randy West, and Dan Wilde Nancy Snow arrived at 7 33 P m Also present City Clerk, Wanda Sang; Acting City Administrator, Howard Jaquay; City Attorney, John Hayes; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; staff and interested citizens APPROVAL OF MINUTES Motion by Mr Hobbs for the approval of the Minutes from May 20, 1985 and June 6, 1985; seconded by Mr Wilde; carried 7-0 CITIZENS' RIGHTS TO SPEAK Connie Rossillon, 6505 West 3lst Avenue, spoke regarding two trees that were cut down on the Qualteri Property She stated that she felt the City Council had drug their heels on acquiring the property and that if they had purchased it for a park the trees could have been saved Don Lancaster, 4076 Everett Street, He stated that he felt something needed to be done about the median between Arvada and Wheat Ridge, at 1-70 and Wadsworth Blvd The weeds and debris need to be cleaned up Claudia Worth, 4650 Oak Street, thanked the City for moving the Johnson Cabin and stated that now everything is 0 K PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Public Comments, suggestions, and requests regarding the 1986 City Budget Lillian Fleming, 6363 West 29th Avenue, brought in a Petition to request that Open Space money be used for parks She stated that $340,000 in Open Space money and Lottery money had been received and no parks have been bought Louise Turner, 11256 West 38th Avenue, I) Stop talking about Bond issue, there is plenty of money 2) Spend Open Space money on Open Space 3) Stop paying for curb and gutter with City money 4) Stop converting streets into 4 lane highways and preserve the character of Wheat Ridge 5) Reexamine Urban Renewal Area because we can not afford it 6) Section IV of Lena Gulch has progressed without any trouble CITY COUNCIL MINUTES June 17, 1985 Page -2- Item 2 Application for a new Class G - Hotel & Restaurant Liquor License, with extended hours, for EWD, Inc , dba Tabor Lake Inn, located at 12100 West 44th Avenue Sworn in by the Mayor were Robert A Dill, 700 East Speer Blvd Attorney for the applicant, Max Scott, 2902 5th Avenue; Michael Aaron, 121066 44th Avenue; Corporate Officer and General Manager; ~Byerly, owner of Old Coin Amusements, 3934 Youngfield; Eldon Dixon, 2219 Burlington, Billings Montana, principal owner; Natalio Lema, 12100 W 44th Avenue, Food and Beverage Manager with Tabor Lake Inn, Mike Young, 12490 West 35th Avenue, Tami Watson, 12100 W 44th Avenue, Gerald E Schmidt, 12100 West 44th Avenue, and Linda Miller, 3475 Reed Attorney Robert Dill and owner Eldon Dixon described expenditure on Hotel including rooms and restaurant; stated this was a family oriented establishment; reasons for selection of the site chosen was given, such as small businesses and residential area, close to the Greenbelt, and full service facility requires a Liquor License Mr Dixon stated that if the License was not approved they would not be able to service the debt and they would have to go into default There is 4500 square ft of restaurant The total property could be serviced with liquor He described Exhibit VIII and stated that Tabor Lake Inn set directly behind property He also stated that food accounted for 50% of the total gross receipt He stated that there would be between 70 and 80 employees, and that the Hotel is a 24 hour facility; Lounge from 11 00 a m. to 2 00 a m and the restaurant from 6 00 a m. to 12 00 midnight A Professional Management Group will be managing the facility He felt that the neighborhood needed this type of facility Mr Dixon stated that it would be a horrendous economic loss if license was not granted and the opening is only a week and a half away Michael Aaron, General manager of Tabor Lake Inn, stated that there will be a liquor class given by the City Clerk as soon as the license is obtained and that he will be overseeing the liquor license The lounge will be contempary with recorded music and a dance floor There will be no liquor served in the rooms in order to check age The sales ratio is projected at 70% food and 30% liquor Jay Byerly, owner of Old Coin Amusements at 3934 Youngfield, Peter J Beren, Manager of Old Coin Amusements, Mike Young, 12490 W 35th Ave , Linda Miller, 3475 Reed Street, Steve Kochevar, 3934 Youngfield, Natalo Lema, Food & Beverage Manager for Tabor Lake Inn, all spoke in favor of granting the license Also present was Max Scott of Oedipus who explained the survey conducted by his company Speaking in opposition were George Duckworth, attorney, James Dreagoo, 11250 W 46th Ave, Sam Keys, from Port 44 lounge, Robin Wyatt, 11240 W 46th Ave CITY COUNCIL .WTEf' June 17, 1985 'age -3- Motion by Mr Merkl that the application be approved for the following reasons l) All applications and fees required by statute have been filed and paid; 2) Notice of hearing and posting of premises have been accomplished according to statutory requirements; 3) petitions with over 1000 signatures show neighborhood was informed; 4) applicant made good faith effort to keep sign up; 5) applicant will be entitled to occupancy of the premises by virtue of a signed lease dated June 1, 1985; 6) The Corporate Offices and Directors have been shown by investigation to be of good moral character; 7) The evidence adduced at the Public Hearing on June 17, 1985 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by non biased city petitions bearing 58 signatures in favor of issuance, 23 signatures in opposition, and 19 signatures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration; 8) all other establishments mentioned are of a different class except for 2 seconded by Mr Davis; carried 8-0. Item 3 Council Bill 170 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the Wheat Ridge Code of Laws, City of Wheat Ridge, County of Jefferson, State of Colorado, relating to Multifamily Residential Development Requirements and Landscaping Requirements Motion by Mr FIasco to kill Council Bill 170; seconded by Mr Merkl; failed 4-4 with Councilmembers Merkl, FIasco, Hobbs, and Davis voting yes Motion by Mrs Snow that Council Bill 170 be continued; that second reading be held on July 8, 1985 and that it also be placed on the July 1, 1985 Study Session; seconded by Mrs Keller; carried 5-3 with Mr FIasco, Mr Davis, and Mr Hobbs voting No. Council Bill 195 - AN ORDINANCE AMENDING VARIOUS SECTIONS OF APPENDIX A, ZONING ORDINANCE, OF THE WHEAT RIDGE CODE OF LAWS, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, RELATING TO MULTIFAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND LANDSCAPING REQUIREMENTS, AND CONSOLIDATION OF MULTIPLE PARCELS FOR DEVELOPMENT was introduced by Mr Merkl on first reading; title read by the Clerk Motion by Mr Merkl that Council Bill 195 be approved on first reading, ordered published, public hearing be set for Monday, July 8, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication Motion by Mr Merkl to set this item on the Study Session of July 1, 1985 for discussion; seconded by Mr. West; carried 8-0 Item 4 Council Bill 186 - An Ordinance providing for the approval of rezoning from Agricultural-One, Commercial-One and Planned Industrial Development to Commercial-Two with the condition that uses permitted shall be only all Commercial-One uses and a combined Retail/Wholesale Use on Property located west of Kipling Street, North of West 49th Avenue, East of Miller Street and South of the Public Service Company Transmission Line Easement (Postponed from May 13, 1985) Motion by Mr Merkl that Council Bill 186 be tabled indefinitely; seconded by Mr FIasco; carried 5-3 with Councilmembers Hobbs, Davis, and Snow voting No CITY COUNCIL MINUTES June 17, 1985 Page -4- Item 5 Council Bill 188 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending Section 4 3(B), terms of office, of said charter to provide for staggered four year terms of office for members of City Council Council Bill 188 was introduced on second reading by Mr Wilde; title read by the Clerk; Ordinance 620 was assigned Motion by Mr Wilde that Council Bill 189 (Ordinance 620) be adopted on second reading; seconded by Mr Merkl Discussion followed Mrs Keller stated that she was in opposition to the concept of the Ordinance but she believed that it should go to the voters in November so she will be voting for it; Mr West concurred Carried 8-0 Item 6 Council Bill 189 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of an Outline Development Plan on land located at the northwest corner of 35th Avenue and Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-22) (Integrated Development Corporation) Council Bill 189 was introduced on second reading by Mr Hobbs; title read by the Clerk; Ordinance 621 was assigned Discussion followed. Maurice Fox addressed Building II area next to Friendly Ford Tom Lundy, 3500-3502 Allison, concerning 2,000 compensation would be-Ior the cement that the development will be bring to keep it clean from snow, etc. Motion by Mr Hobbs for the adoption of Council Bill 189 (Ordinance 621); seconded by Mr Merkl Motion by Mrs Snow to vacate I ft of Yukon Street; died for a lack of a second Vote on original motion carried 8-0 Motion by Mr FIasco to suspend the Rules and go past 11 00 P m seconded by Mrs. Keller; carried 7-1 with Mr Davis voting No Motion by Mrs Snow to discuss payment to property owners in Executive Session; seconded by Mr Wilde; carried 8-0 Motion by Mr Merkl to move Item 9 up to be next; seconded by Mrs Keller; carried 8-0 Item 9 Council Bill 192 - An Ordinance vacating the Southern-Most 2 feet of Allison Street as depicted on the recorded plat of the Ridgeview Gardens Subdivision, within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 192 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 192 be approved on first reading, ordered published, public hearing be set for July 8, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mr Hobbs; carried 8-0 CITY COUNCIL MINUTES Item 7 June 17, 1985 Page -5- Council Bill 190 - An Ordinance providing for the approval of a change of zone from Commercial-One (C-l) to Residential-Two (R-2) on land located at 4430 Yarrow Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-7) (Michael Lee Saracino) Council Bill 190 was introduced on second reading by Mrs Keller; title read by the Clerk; Ordinance 622 was assigned Motion by Mrs. Keller for the adoption of Council Bill 190 Charles Stromberg presented the case Motion by Mrs Keller for the adoption of Council Bill 190 (Ordinance 622) and gives authority to make changes in legal description; seconded by Mr. Merkl; Mr. Hobbs asked to abstain because he is involved Chair gave permission Carried 7-0 with Mr. Hobbs abstaining Item 8 Council Bill 191 - An Ordinance amending Chapter 21 of the Code of Laws of the City of Wheat Ridge, Sales and Use Tax Code, Article I - Retail Sales, by Amending Sections 21-1 -Definitions, Section 21-5 - Exempt Sales, and by adding a Section 21-20 1 - Nonseverability Motion by Mrs seconded by Mr Keller to Table Council Bill 191 until July 22, 1985; West; carried 7-1 with Mr Hobbs voting No Item 10 ORDINANCES ON FIRST READING Council Bill 193 - An Ordinance providing for the approval of a change of zone from Agricultural-One (A-I) to Public Facilities-One (PF-l) on land located at 4300 Oak Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No WZ-85-8) (Valley Water District) Council Bill 193 was introduced by Mrs Snow on first reading; title read by Clerk; Motion by Mrs Snow that Council Bill 193 be approved on first reading, ordered published, public hearing be set for Monday July 8, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Wilde; carried 8-0 Item 11 Council Bill 194 - An Ordinance providing for the approval of a Special Use Permit for a Residential Group Home for children on land located at 5435 W 26th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-85-4) (Martha Rubens) Council Bill 194 was introduced by Mr Merkl on first reading; title read by Clerk; Motion by Mr Merkl that Council Bill 194 be approved on first reading, ordered published, public hearing be set for Monday July 8, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect IS days after final publication; seconded by Mr Wilde; carried 8-0 CITY COUNCIL MINUTES June 17, 1985 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Item 12 Decision regarding Notice of Appeal for Kunz Construction Company - Application for approval of a Special Use Permit to waive section 27 2 of the Zoning Ordinance, as it relates to landscaping requirements for property located at 8995 West 44th Avenue. (Case No SUP-85-6) Motion by Mr. Hobbs to hold a hearing on this matter on July 8, 1985; seconded by Mr Davis; carried 8-0 Item 13 Status Report on Splitting Economic Development and Community Development Motion by Mrs Snow to acknowledge this report and to take no action at this time; seconded by Mr. FIasco; carried 8-0 Item 14 Master Plan Approval for Richards-Hart Estate Mrs Richardson read her letter into the record Connie Rossillion could approve if it can be done for $125,000 with the exception of removing the evergreens Louise Turner, 12256 W 38th Ave, feels the property is already landscaped beautifully Motion by Mrs Snow to go with basic bid of $112,000; seconded by Mr FIasco; carried 8-0 Motion by Mr Merkl to authorize staff to go for bid alternates; seconded by Mr Davis; Failed 2-6 with Mr Merkl and Mr Davis voting yes Motion by Mr Merkl to hold an Executive Session and to adjourn right after the session; seconded by Mr West; carried 8-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 12 40 a m lerk APPROVED BY CITY COUNCIL BY A VOTE OF ~ TO (:) on June 24, 1985 C<)CX_/,- V l \.....;.J,.'-'-- Dan Wilde, Council President