Loading...
HomeMy WebLinkAbout04/14/1986 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 / I ~i I / \/ / - / ~/i / c-i~z<-. -~ ~r .::; Wanda Sang, City Cle~ v APPROVED BY CITY COUNCIL ON APRIL 28, 1986 BY A VOTE OF / . -y // // ~ tJ ~ ,-' u / A -<.J ( "I Kent Davis, Council President ~~ TO 0_