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April 14, 1986
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, Ooris Ibbison, Rod
Johnson, Larry Merkl, Moe Keller, and Claudia Worth Randy West was ill
Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer;
City Attorney, John Hayes; City Treasurer, Jim Malone; Chief of Police,
Howard Jaquay; staff; and i.nterested citi.zens
APPROVAL OF MINUTES of March 24, 1986
Motion by Mr Davis for the approval of the Minutes of March 24,
1986; seconded by Mr Herkl; carried 7-0
PROCLAMATIONS AND CEREMONIES
National Dispatchers Week - April 14 - 20, 1986 - Mayor Stites presented
proclamation to Chief Jaquay and Sgt Chism
Volunteer Recognition Week - April 20 - 27, 1986 - Mayor Stites
presented proclamation to Marlene Griffiths
CITIZENS' RIGHTS TO SPEAK
James M Sullivan, 1600 Stout Street, Suite 1800, Denver, addressed the
re-location of Craig Chevrolet They were located in Arvada, but due to
Arvada's Urban Renewal Plan, they need to move They have found a piece
of property at 1-70 and Parfet They must vacate the premises by
October 1, 1986 He requested Council to accelerate the zoning process
Discussion followed Motion by Mr Merkl to direct staff to expedite
the process for Craig Chevrolet and that the first reading of Ordinance
before City Council be placed before the first meeting of Planning
Commission; seconded by Mr FIasco; carried 7-0
Reed Becerra, 12280 W 44th Ave , addressed Council regarding 44th
Avenue improvements between Parfet and Tabor Many businesses and
residents are against present plans for improvements, mainly the solid
medians He feels people (staff) involved are not concerned with
residents and businesses
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new Class J-l - 3 2% Beer License for Bradley
Petroleum, Inc , dba Bradley Self Serve, located at 7403 W
38th Avenue
(Postponed from March 17, 1986)
Present and sworn in by the Mayor were Peter Robinson, Corporate
Officer and Attorney for Bradley, 1640 Grant Street, gave background on
Bradley Petroleum
CITY COUNCIL MINUTES
April 14, 1986
Page -2-
Max Scott, Oedipus, Inc , P 0
their company did the survey
Box 2302, Boulder, gave background on how
This survey was ordered by applicant
Becky Kennedy, 1596 Hooker Street, gave background on how city survey
was taken
P J. Schmit, 2338 Hearth Drive, stated no one under 18 years is employed
by Bradley
Discussion followed Motion by Mr Davis for the approval of the
license for the following reasons 1) All applications and fees
required by statute have been filed and paid; 2) Notice of hearing and
posting of the premises have been accomplished according to statutory
requirements; 3) The applicant will be entitled to occupancy of the
premises by virtue of a signed deed dated 12/7/76; 4) The members of the
corporation have been shown by investigation to be of good moral
character; 5) The evidence adduced at the Public Hearing on April 14,
1986 established that the desires of the residents of the neighborhood
under consideration are for granting this license, as evidenced by
petiti.ons bearing 25 signatures in favor, 39 signatures i.n opposition,
and 41 signatures evidencing no opinion, and the Oedipus petitions
bearing 198 signatures in favor and 61 signatures in opposition and that
issuance of this license is consistent with the needs of the
neighborhood unoer consideration; seconded by Mr Johnson; Mrs Keller
stated she will be voting No, because she feels there are enough outlets
for 3 2% Beer in the area Mr Merkl will be voting No, because he
concurs with Mrs Keller 1'10tion carried 4-3 with Councilmembers
Keller, Merkl, and Ibbison voting No
Item 2
Application for a new Class T - Tavern Liquor License, with
Extended Hours, for Peaches, Inc , dba Peaches, located at 7777
West 38th Avenue, A-I, Wheat Ridge, Colorado
Present and sworn in by the Mayor were Don McCullough, 1863 Vine Street,
attorney for Peaches, Frederick Saltus, Jr , applicant, 6381 S
Florence Testimony was given by the applicant on what type bar Peaches
would be and what food would be served He also answered questions
about parking Thomas L Stonerook, 12835 E Arapahoe, employee of
Charles Golding & Company, Developers at 38th and Wadsworth (Wilmore
Nursery), Ron Rainey, 10251 W 44th Avenue, Wilmore Nursery employee,
stated there is a defini.te need for this type of facility in his
opinion
Motion by Mrs Keller for the granting of this license for the following
reasons 1) All applications and fees required by statute have been
filed and paid; 2) Notice of hearing and posting of the premises have
been accomplished according to statutory requirements; 3) The applicant
will be entitled to occupancy of the premises by virtue of a signed
lease; 4) The Officers of the Corporation have been shown by
investigation to be of good moral character; 5) The evidence adduced at
the Public Hearing on April 14, 1986 established that the desires of the
residents of the neighborhood under consideration are for granting this
1 cense, as evidenced by petitions bearing 9 signatures in favor of
CITY COUNCIL MINUTES
April 14, 1986
Page -3-
issuance, 49 signatures in opposition, and 42 signatures
opinion, and that issuance of this license is consistent
of the neighborhood under consideration; seconded by Mr
7-0
evidencing no
wi th the needs
Davis; carried
Item 3
Application for a new Class J-l -
Marv's Finer Foods, Inc , 10019 W
Motion to set the neighborhood at
public hearing date for April 28,
3 2% Beer Retail License for
26th Ave , Wheat Ridge
a I-mile radius and set the
1986
Motion by Mrs Ibbison that the neighborhood be set at a I-mile radius,
that a survey to establish the needs and desires of the neighborhood be
taken, and that the public hearing on this application be held on April
28, 1986; seconded by Mr Merkl; carried 7-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 4
Council Bill 234 - An Ordinance providing for the approval of
rezoning from Commercial-One and Residential-Two to Planned
Commercial Development and for approval of a combined outline
and final development plan and plat on land located at 6161
West 48th Avenue, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-85-31) (Public Storage Company)
Council Bill 234 on introduced on second reading by Mr Davis; title
read by the Clerk; Ordinance No 659 assigned Mr Gidley presented the
case Representing applicant and sworn in by the Mayor, was Bernie
Lash, 6857 S Spruce, Englewood He presented the project Roxy
Vendena, 6105 W 49th Avenue, requested brick and wrought iron fence
instead of solid board or opaque chain link
Appearing in opposition and sworn in by the Mayor was Dennis Polk,
attorney, representing Lenore Harris and Dorothy Smith; asked Council to
deny the project because it is visually repugnant; fears commercial
corridor
Steve Tangney, 2950 S Jamaica, Aurora, addressed the drainage plan
approved by the City Discussion followed
Motion by Mr Davis to approve Council Bill 234 for the following
reasons 1 The proposal is in conformance with the Comprehensive Plan
2 It would be compatible with adjacent land use With the following
conditions 1 That the east side 6 foot chain link fence be changed to
a wrought iron fence with brick posts 2 That the chain link fence
between Building B and the adjacent building toward the north be changed
in the same manner
Mr Hayes stated that Section 20 requires that where a variance to
standards is expected to solve a problem that problem and solution be
stated in finding fact, add variance to side yard set back is justified
to the reasons stated by applicant, based on the fact that the side yard
does not proceed at right angles from street Mr Davis incorporated
this in his motion Motion carried 7-0
April 14, 1986
CITY COUNCIL MINUTES
Item 5
Page -4-
Council Bill 235 - An Ordinance providing for the approval of
rezoning from Restricted Commercial-One to Commercial-One on
land located at 3660 Wadsworth Blvd, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-86-1) (Richard Wells)
Council Bill 235 was introduced by Mr Davis on second reading; title
read by the Clerk Mr Gidley presented the case Present and sworn in
by the Mayor was applicant Richard F Wells, 6457 Clifton Place, who
gave background on carwash Motion by Mr Davis that Council Bill 235
be denied for the following reasons 1 It is not consistent with the
goals of the City for a well planned and integrated development of the
Commercial Activity Center 2 No changes in the neighborhood have been
shown to suggest that a change is zoning is appropriate 3 The
proposed use would create a safety hazard to an already dangerous
traffic problem on Wadsworth. 4 Staff has recommended denial; seconded
by Mrs Ibbison; carried 7-0
Item 6
Council
read by
for the
Item 7
Council Bill 237 - An Ordinance approving a Lease Purchase
A.greement between the City of Wheat Ridge and Borg-Warner
Leasing, a division of Borg-Warner Acceptance Corporation, for
the five year lease purchase of a Peabody Myers Vactor Model
810/800 Combination Jet ROdder/Vacuum Unit.
Bill 237 was introduced on second reading by Mrs Keller; title
the Clerk; Ordinance No 660 assigned Motion by Mrs. Keller
adoption of Ordinance 660; seconded by Mr Johnson; carried 7-0
Application by Claude and Lucile Ellis for approval of a 6-Lot
Final Subdivision Plat
(Case No WS-85-2)
Mr Gidley gave the staff report Motion by Mr Merkl that Case WS-85-2
be approved for the following reasons: 1 The property is within the
City of Wheat Ridge and all notification and posting requirements have
been met, therefore there is juriSdiction to hear this case 2 The
requirements of the Subdivision Regulations have been met except for the
width of the street. 3 It is consistent with conditions placed on the
zoning of this property when the property was zoned With the follOwing
conditions 1 The 40 foot right-of-way width be allowed with parking,
provided a 34 foot flow line to flow line street is installed with
appropriate curb gutter, and sidewalk 2 That $75 per lot contribution
be assessed as required by the Parks & Recreation Department; seconded
by Mr Davis; carried 7-0
CITY COUNCIL MINUTES
April 14, 1986
Page -5-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8
Discussion of possible $200 donation from City of Wheat Ridge
to hire a second officer for the after prom party at Jefferson
High
~Iotion
stated
doesn't
by Mr Davis for approval seconded by Mrs Keller Mr Merkl
he ~ill vote no, because R-l doesn't do anything; School District
provide anything; Motion carried 6-1 with Mr Merkl voting No
Item 9
CONSENT AGENDA
A Motion that the contract for the Underground Storage Tank
Replacement be awarded to Eaton Metal Products in the amount of
their bid of $6,000 plus a contingency of $900 and that the
Director of Public Works be authorized to sign all change
order All costs to be charged to Account No 57-305-812
It ~ill be necessary to transfer funds of $6,900 from Account
No 57-305-661 to Account No 57-305-812; therefore, I move
such a transfer of funds be approved to cover the costs of this
project
B Motion that the contribution to CIRSA in the amount of
$141,311 to be charged to Account No 610-781 and that $40,000
be transferred from Account No 607-789 to Account No 610-781
C Motion that the City Administrator be authorized to
transfer monies either from unallocated reserves or from other
available accounts to the Planning Division Budget as follows
Account 01-04-121-617 Temporary Personnel
Account 01-04-121-654 Photocopy & Printing
$5,120
$3,900
D Motion to approve Mayor's appointments to the Land
Development Task Force
E Motion that the City accept the attached Quit Claim Deeds
and Warranty Deed for Right-of-Way for West 44h Avenue
Further move that the costs of $10 00 per Quit Claim Deed and
$500 00 for the Warranty Deed (a total of $630 00) be charged
to Account No 31-303-854
F. Motion to allocate an additional $1,000 in order to enable
the Planning Commissioners to attend the CML and APA
Conferences
Mrs Worth asked to pull C, E, and F Motion by Mr Merkl to approve A,
B, and D. seconded by Mr Johnson; carried 7-0
,
Discussion on C Motion by Mr FIasco for approval; seconded by Mrs
Ibbison; carried 7-0
Discussion on E Motion by Mr FIasco for approval; seconded by Mr
Merkl; carried 7-0
Discussion on F Motion by Mrs Worth for approval; seconded by Mr
Merkl carried 7-0
CITY COUNCIL MINUTES
Apr~l 14, 1986
Page -6-
Motion by Mr Merkl to suspend the Rules and go past 11 00 P m and
finish the Agenda in its entirety; seconded by Mrs. Keller; carried 5-2
with Mr. Johnson and Mr. Davis voting No.
CITY ATTORNEY'S MATTERS
To complete the record of City Council Meeting, there was an Executive
Session under Section 5 7 b 3 of the Charter, held before the meeting,
due to a continued alleged liquor violation before Liquor Authority to
utilize the time that was vacant, to discuss all pending litigation
involving the City.
City has formed a committee with motel owners to commence a Tourist
Bureau for the City and on the date of the meeting, a tour bus was
ticketed for parking at a motel
Consensus was 7-0 to bring Parking Ordinance back in to exempt Tour
Busses
ELECTED OFFICIALS' MATTERS
Mr Palmer addressed the letter received from Mr Printz. Mrs Ibbison
suggested sending a letter to the Commissioners about Mr. Printz's
refusal to attend the April 21 Study Session Mrs Keller asked who
would write the letter--answer was Mr Palmer
She instructed Mr Palmer what to say in the letter
Keller that the City Council approve the purchase of
at 38th & Parfet at the appraised price of $155,000;
Worth.
Mr Davis stated he will be voting No, because he thinks it is just
ludicrous to pay that amount of money out of City coffers and not
waiting for Open Space, even if we are reimbursed, I question where
we'll get the $155,000, I suppose from unallocated, which is normal
source; feels the area is dangerous for a park; needs curbs and gutter,
can see a lot more expense Motion carried 6-1 with Mr Davis voting
No
Motion by Mrs
the parcel of land
seconded by Mrs
Mayor Stites addressed the grand opening of 1st Bank of Wheat Ridge and
how excellent it was and that we are proud to have them in the City
Mr. Merkl stated whatever letter we write to Mr Printz, word it in such
a way that we let Mr Printz know that Open Space is to serve all
citizens of Jefferson County and not to further the image of its
director Over the years we have had the Denver Water Board sitting
dOwn there in somewhat like the Holy Trinity, they have now started to
work with the citizens, Mr Printz sits up there and we have got one
park, we have been working on for 15 months and still can't get anything
done It's time whatever we send up there, we let Jefferson County
Commissioners know that at the City we are totally fed up with the way
Open Space and their Director controls the money He is building a
recreation program for hilnself (Mr Printz) and ignoring reasons that
the Open Space Program was set up and that is to buy parkland
Discussion followed.
CITY COUNCIL MINUTES
April 14, 1986
Page -7-
Motion by Mrs Worth to adjourn; seconded by Mrs Ibbison; carried 7-0
Meeting adjourned at 11 20 p.m
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Wanda Sang, City Cle~
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APPROVED BY CITY COUNCIL ON APRIL 28, 1986 BY A VOTE OF
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Kent Davis, Council President
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