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HomeMy WebLinkAbout02/09/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 9, 1987 The City Council Meetin~ was callea to orUer by the Mayor at 7 30 p ill C~uncilmerubers present Kent Davis, Tony FIasco, Doris Ibbison, hoa Johnson, Larry Merkl, Moe Keller, Randy hest, and Clauaia Worth Also present City Clerh, handa ~ang, City Aaruinistrat~r, Tom Palmer, City Attorney, John Hayes, Chief of Police, Howard Jaquay, Director of Planninb, Glen Gidley, and interested citizens APPROVAL OF MINUTES of January 26, 1987 Motion by Mr Merkl for the a~proval of the Minutes of January 26, 1987, secondea by Mr West, carried 7-0 with hr Johnson abstaining LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for Transfer of Ownership for Cool Water Lana ana Cattle, Inc , dba Scooters Lounge, Inc , 3240-70 Youngfield Street, wheat Ridge Lynne Moore, 5445 DTC Parkway, Suite 800, Englewooa, COloraao, Representative of Cool Water Land and Cattle, Inc was present to answer questions Motion by Mr West to approve the Transfer of Ownership from Cherry Hills Development Company, Inc to Cool Water Lana ana Cattle, Inc , dba Scooters Lounge, Inc , j240-70 YoungIield Street, hheat Riage This is a Class G - Hotel & Restaurant Liquor License with extended hours, seconded by Mr Johnson, carriea 8-0 Item-?_ ll.~~lication for Change of Corporate Oft icers from Dillon Companies, Inc , aba King Soopers, Inc #~7, 3817 Sheriaan Blvd, and King ~oopers, Inc #20, 3400 Youngfield Street I'JOti~by I'lr West to approve the Change of Corporate Officers f~r Dillon Companies, Inc , aba King Soopers, Inc #57, 3817 Sheriaan, and King Soopers, Inc #20, 3400 Youngfield, Wheat Ridge The new President will be Davia B Dillon, 308 Hy~e Park, Hutchinson, Kansas This is a Class J-l, 3 2% Beer Retail License, seconded by Mr Davis, carried 8-0 CITY COUNCIL MINUTES February 9, 1987 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING It enl 3 Council bill 288 - An Ordinance amending the Code of Laws for the City of wheat RIdge, Chapter 4 A, Courtesy Benches (Continuea from January 12, 1987 at City Attorney's Request) Council Bill 288 was introduced on second reading by Mr Merkl, title read by the Clerk, and Ordinance Number 710 assigned Discussion followed Motion by Mr Merkl for the approval of Council Bill 288 (Ordinance Number 710) on second reading with the aaaition of a paragraph t~ Section 4A-l0(d) to read as follows "The City of Wheat Ridge specifically finds that exclusion of benches containing advertising froHl the A-l, A-2, R-l, R-1A, R-1B, R-1C, R-2 and R-2A zone aistricts within the City is necessary to preserve the aesthetic character and integrity of the preaominately single-family residential homes and neighborhoods establishea therein Because the need for benches exists within said enumerated predominately single-family areas, provided said benches do not denigrate the aesthetic characteristics thereof through the presence of advertisinb thereon, it is required that for every five benches allowed with advertising within the commercial, industrial, multi-family and hos~ital series iaentified above, each bench company shall provide one bench without advertisinb in one of the predominately single-family resiaential zones enumerated in this paragra~h," secondea by Mr FIasco, carried 8-0 Item 4 Council Bill 290 - An Ordinance repealing ana reenacting Section 21-5(b) of the COde of Laws of the City of Wheat Ridge aefining the eXem~tion from Sales Taxation of Charitable Organizations Council Bill 290 was intrOduced on second reading by Mr Davis, Title read by the Clerk, Orainance Number 711 assigned Deborah L Oletski, 6235 ~ 46th Avenue, Wheat Ridge, COlorado 80033 commended City Council for re-writing this Ordinance Motion by Mr Davis for the approval of Council Bill 290 (Ordinance 711) with the amendment to Section 21-5(b) approved at the Study Session of February 2, 1987 "All sales made to or by charitable organizations (provided that such sales do not exceed twenty-five (25) calendar days per year), in the conduct of their regular charitable functions and activities, ana sales made to or by any political subdivision of the state or any governmental or quasi-municipal corporation," seconded by Mrs Ibbison, carried 8-0 CITY CUU~CIL MINUTES February 9, 1987 Item 5 Page -3- A) Council Bill 293 - An Ordinance proviaing for the approval of rezoning f'rom kesiaential-Two to Commercial-One on lano located at 4300 ~i~ling, City of wheat Riage, County of Jefferson, State 0f Colorado (Case No WZ-56-2U) (Charles Reed) B) Application by Charles Reed for a~~roval of a Site Plan for uevelopment within the Ki~ling Activity Center for property locateD at 4300 Kipling Street (Case No WSP-87-1) Council Bill 293 was introduced on seconQ reading by Mr Johnson, title read by the Clerk, Urdinance ~o 712 assigned Mr Gidley ~resenteo the case Boris S Voukovitch, representing applicant, was present and sworn in by the Mayor Motion by Mr Johnson for approval of Council Bill 293 (Ordinance 712) on second reading for the following reasons 1 The property is within the City of Wheat Riage, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case 2 The proposal is in conformance with the Comprehensive Plan 3 All agencies can serve the property, seconded by Mr West Discussion followeo Mrs W0rth will vote No because she feels the Kipling Activity Center should be developed in a more unified way Mrs ~eller concurs Motion carried 6-2 with Council Members Keller and Worth voting No Motion by Mr Johnson that Case No hSP-87-1 be approved for the following reasons 1 Staff recommends approval 2 All conditions of Planning Co~mission's approval have been met, seconded by Mr hest, carried 6-2 with Council Members Keller and Worth voting No Item 6 Council Bill 294 - An Ordinance providing for the approval of a Revised Outline Development Plan and Final Plan ana Plat on land located at 4020 ana 4084 Waasworth blvd , City of Wheat Ridge, County of Jefferson, state of Coloraoo (Case No WZ-b6-24) (Rooger barsch and Randolph Currier) Council bill 294 was introducea by Mr Johnson on seconu reading, Title read by the Clerk Maurice Fox, 4465 Ki~ling Street, Attorney re~resenting Mr Barsch, adaressed case and lawsuit filed against the City by Mr Currier He asked that this case be considereo on its own merit Motion by Mr Johnson to hold an Executive Session under Section 5 7(b)(1)(A) of the Charter, seconded by Mr West, carried 8-0 EXECUTIVE SESSION WAS HELD. Motion by Mr Johnson that Case No WZ-86-24 be continued for a period of 30 days for the following reasons There presently exists in the District Court in and for the County of Jefferson, State of Colorado, Civil Action No 86-CV-07b7 wherein Randolph G Currier and Clyde C Currier, as Plaintiffs, have commenced suit against the City of Wheat Ridge, the City Council of the City of Wheat Ridge, and the members of the City Council, both in their official and individual capacities CITY COUNCIL MINUTES February 9, 1987 Page -4- ~ Because of the existence of a claim for damages against the City ana the individual Councilmembers in said civil action, the members of the City Council feel that an element has been interjected into this matter which may not be properly considered in a rezoninb matter 3 Because of the existence of the damage claim and the fact that the sallie remains pending, a perception coula be reasonably inferrea either by the applicants herein or by members of the general public to which the City Councilmembers owe their gooa faith consideration of all applications, that decision in this matter is basea upon the concern of the City Councilmembers for their own financial well being rather than the general public welfare 4 In order to avoid any such appearance or inference, the City Council believes it is in the best interest of all concerned, including applicants, the citizens of the City of Wheat hidge, and the members of the City Council, that hearing of the within matter be continued until such time as the damage claims against the City and the individual members of the City Council are resolved" Seconded by Mr West, carried 8-0 Item 7 Council Bill 295 - An Ordinance repealing and reenacting Chapter 9A Guard Service and Security AgenCies, of the Code of Laws of the City of Wheat Ridge Council Bill 295 was introduced on second reading by Mr West, title read by the Clerk, Ordinance Number 713 assigned Motion by Mr West for the approval of Council Bill 295 (Ordinance 713) on second reading with the following changes 1 Section 9A-2(a) on page 2, should now read "each business or industrial guard, agent and employee, shall carry an identification card, approximately 2 1/2" by 4" which shall include the following ~ Subsection (3) of the same section should read "the signature of the business or industrial guard, agent and employee 3 In Section 9A-4, existing sections (a) and (b) should be deleted in their entirety, and what appeared as subsections (c) and (d) should be renumbered (a) and (b), respectively The reason for these changes is to eliminate any question of involvement in licensinb activities by the Chief of Police, and throubh him the City Seconded by Mr Merkl, carried b-O CITY COUNCIL MINUTES February~, 1987 Pabe -~- ORDINANCES ON FIRST READING Item 8. Council Bill 296 - An Ordinance providing for the approval of a Special Use Permit to allow gasoline sales on land located at the Northeast corner of Kipling and west 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-20) (Circle K Corporation) Council Bill 296 was introduced by Mr Johnson on first reading, title reaa by Clerk, Motion by Mr Johnson that Council Bill 296 be approvea on first reading, ordered published, public hearing be set for Monday, March 9,1987 at 7 30 p m in City Council Chambers, Municipal Bldg , ana if approved on second reading, take effect 15 days after final publication, seconded by Mr West, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Motion by Mr Merkl to award the contract for the purchase of the trailer mounted Chevron Light Board to Renco, Inc , in the total amount of their bid of $3,450 00 All costs to be charged to Account Number 01-303-809, seconded by Mr Johnson, carried 8-0 Item 10 Motion by Mrs Keller to authorize the Mayor to execute and sign the Gillhouse Agreement, seconded by Mrs horth, carried 8-0 Item 11 Motion by Mrs County Open Space Funds Lottery proceeas on the Keller, carried 8-0 Ibbison to put discussion of use of Jefferson and the distribution of the Colorado State March 16, 1987 Study Session, seconded by Mrs CITY ATTURNEY'S MATTERS John Hayes informed Council that the plaintiffs in the DeNilion case have appealed the decision for dismissal to the Court of Appeals He further stated that he has reviewed the proposed legislation regarding Vested Rights and discussed the matter with Allen Swartz There are good and bad things about this Bill 1 Legal problems (regulate particular areas) 2 Bill does not take into account changing market conditions--negatively effects economic development Bill is better than previous one ELECTED OFFICIALS' MATTERS Doris Ibbison addressed maintaininb rapport with Legislators (Bonnie Allison ana Claire Traylor) CITY COUNCIL MINUTES February 9, 1987 Page -6- Koe Keller asked Mr weather is nice Mr Palmer if we can start striping streets since Palwer replied he will look into it Rod Johnson stateo that the lights are in at off-ramp at 32nd and 1-70 Mayor Stites reported that Wheat Ridge Urban Renewal Authority will conduct a meeting on 2/10/87, he asked Council to attend He also addressed construction on 44th Avenue There was a meeting of the Denver Chamber of Commerce for Economic Development Computers will be installed allover the Metro area (all cities) directly linked to real estate firms throughout the country Motion by Mr Merkl to hold an Executive Session after the meeting on a personnel matter under Section 5 7(b)(2), secondea by Mr hest, carried 8-0 Larry Merkl complained about the street sweeping--we need to bet the sana and gravel off--some streets are really aangerous Randy west informed Council that the Street Committee will meet on February 17 at 7 30 P M Tony FIasco refer reo to his memo under "INFORMATION ONLY" regarding DRCOG's 2010 Roadway Bill Claudia Worth suggested putting this item on the April Study Session Mr FIasco replied this would be too late, we need to hold a special Study Session after he and Mr Minetor attend the meeting on February 18, 1987 Motion by Mrs seconded by Mr Worth to pass a resolution regarding Vested Rights Bill, Merkl, carried 8-0 Motion by Mrs worth to adjourn, seconded by Mr Merkl, carried 8-0 EXECUTIVE SESSION WAS HELD Meeting aojourned at 10 20 P M ,~) {v, eeL Wanda Sang, cify APPROVED BY CITY !. , ~ Clerr---------- COUNCIL uN FEbRUAhY <='3, 1987 bY A VulE UF 8 to 0 -- / _ ;{ :c: :~~_L _ ! ~~_cd_________ Kent Davis, Council Presioent