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HomeMy WebLinkAbout12/20/1973 MINUTES December 20, 1973 The two hundred and twenty-fourth regular meeting of the Wheat Ridge City Council was called to order at 7 35 P m. at 7390 West 38 Avenue by Mayor Albert E Anderson. Aldermen present were Dr Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey and Ray Pepe. Alderman Robert Howard arrived later. Also attending were Mayor Anderson, City Clerk Louise Turner, City Treasurer James Malone, Assistant City Attorney William McCarthy, staff personnel and interested citizens Citizen Comments were made by Boyd Kraemer who introduced Roy Turner from Adolph Coors Co who presented an amendment to the original lease to include an additional 7 7 acres in the greenbelt and completing the area from Moore to Voungfield. In answer to a question from Dr. Abramson regarding renew- ability, Mr Turner said a renewability clause could be considered in 25 years, and that there was a clause allowing Council to request changes in the lease in writing Motion by Alderman Hulsey accept and sign the lease Donaldson and passed 5-0. "I move that the Mayor be authorized to amendment." Motion was seconded by Alderman Benjamin Loye thanked the Council for his appointment to the Planning Commission and stated he was submitting his resignation at this time because time would not permit him to serve on that Commission. Motion by Alderman Abramson "I move that Ordinance No 139 be removed from the table and placed before the Council" Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Cavarra voted "nay." Motion by Alderman Abramson "I move that Ordinance No 139 be amended to say 'Title An Ordinance to repeal Ordinances Nos 130 and 143 Series of 1973, which prohibit the issuance of bUilding permits for new con- struction within the City of Wheat Ridge on unsubdivided land or on land not subject to the subdivision regulations of the City. Be it ordained by the City Council of the City of Wheat Ridge, Colorado, that Section 1. ~epeal. Ordinances Nos. 130 and 143, Series of 1973, are hereby repealed in their entirety. Section 2. Effective Date. This Ordinance shall become effective thirty (30) days after final passage following final publication.'" Motion was seconded by Alderman Pepe. Mayor Anderson stated he felt action on this Ordinance was highly improper because interested people had been told it was not on the Agenda. Alderman Cavarra stated if Ordinance No Council would take action to put some of Ordinances. 130 were repealed she hoped its terms into the appropriate Motion to amend Ordinance No 139 passed 4-1 Alderman Cavarra voted "nay " Motion by Alderman Abramson "I move that Ordinance No. 139 as amended be passed on first reading and be ordered published an d posted." Motion was seconded by Alderman Hulsey who stated this was only first reading and interested people could be there for second reading Motion to adopt Ordinance No. 139 passed 4-1. Alderman Cavarra voted "nay" and Alderman Howard was absent. Boyd Kraemer introduced Mark Hooker of the Wheat Ridge DeMo lays who said his group had ridden all of the bike routes marked on the map. He said they would like to see designated routes on 44 Avenue, 38 and 32 Avenues because of the traffic and recommended two bike bridges between Kipling and Voungfield The alleqed Liquor Code violation of Venetian Niqht Club came up for decision Motion by Alderman Pepe "I move the 3-way liquor license for Venetian Nite Club be renewed." Motion was not accepted by Mayor Anderson who MINUTES - December 20, 1973 - Continued -2- stated the matter of the violation should be resolved first Motion by Alderman Abramson "Whereas testimony pres9nted on December 13, 1973 indicated there was a transfer of the corporate stock of Venetian West Inc. dba Venetian Nite Club at 10051 West 1-70 Service Road and testimony indicated that the IE Ensing authorities were not properly informed, I move that the City Council hereby finds that there was a violation of the State Liquor Code." Motion passed 5-0. Alderman Pepe abstained because he had not been present at the hearing. Dale Helm, attorney for Venetian West Inc asked for a ruling from the chair regarding Alderman Howard's vote He asked that it not be considered because Alderman Howard had not been present at the hearing. Alderman Howard stated he had looked into the matter sufficiently and had been the one who questioned it orginally, after asking direction from the City Attorney, Alderman Howard withdrew his vote. Vote was 4-0 with two abstentions. Motion by Alderman Cavarra "I move the 3-way license at Venetian Nite Club be renewed" There was no second Mavor Anderson said the Motion was out of order until after determination as to whether or not there would be a penalty and action regarding the transfer of the stock. Motion by Alderman Cavarra "I move there be no penalty imposed upon Venetian West Inc. because there had been no intent to violate the law." Motion died for lack of a second. Motion by Alderman Abramson "I move that the liquor license for Venetian be suspended from noon on December 21, 1973 until 9 00 a.m , Monday, December 24, 1973 as aVpenalty for improper notification as to the transfer of corporate stock of enetian West Inc." Motion was seconded by Alderman Hulsey and passed 3-1. Alderman Cavarra voted "nay" and Aldermen Howard and Pepe abstained The Clerk was directed to serve proper notice of this act;ion. Motion by Alderman Hulsey "I move that City Council approve the transfer of 100% of the corporate stock of Venetina West Inc. at 10051 West 1-70 Service Road from Mr Francis Lynch to Mr. Joseph Horan." Motion was seconded by Alderman Cavarra. In answer to a question from Alderman Pepe, Assistant City Attornev Bill McCarthy said those who had not attended the hearing could vote. Motion passed 4-1 Alderman Howard abstained and Alderman Abramson voted "nay" saying he did not feel he had adequate information to approve it. Motion by Alderman Pepe "I move that the Type G Liquor License for Venetian West Inc. dba Venetian Night Club at 10051 West 1-70 Service Road be renewed." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Abramson voted "nay." A New 3.2% fermented malt beverage package license for National Covenience Stores came up for decision. Motion by Alderman Abramson "I move that a retail 3.2% fermented malt beverage license for National Convenience Stores dba Shop N Go at 38 Avenue and Harlan be granted." Motion was seconded by Alderman Hulsey and passed 3-1. Alderman Donaldson voted "nay" and Alderman Howard and Pepe abstained because they had not been pmamt at the hearing. A New 3-way liquor license for La Fonda Mexican Restaurant came up for decision Motion by Alderman Hulsey "I move that a new 3-way hotel and restaurant license for La Fonda Inc. be approved to be effective January 1, 1974." Motion was seconded by Alde~an Donaldson and passed 4-0. Aldermen Howard and Pepe abstained because they had not been present at the hearing. MINUTES - December 20, 1973 - Continued -3- Treasurer's Report for November was given by James Malone, City Treasurer Report indicated 91 6% of the anticipated revenue had been received and 85.9% of the appropriations had been expended Mr. Malone requested that resolutions regarding two certificate of deposits be on next week's Agenda A Public Hearing was held regarding the transfer of ownership of Lakeside Liquors at 5820 West 44 Avenue from David Perry to August G. and Patricia A Pruyser who reside at 9725 West 37 Avenue The applicants Mr. and Mrs. Pruvser were present and were sworn in Mr. Pruyser stated in answer to questions 1. They owned no other outlet. 2 They had not owned nor managed one before. 3 They intended to hold the license as a husband and wife partnership. 4. He had never been convicted of a felony. 5 That financial assistance was from Lakeside Bank in the amount of $8 - 9,000.00. Mrs Pruvser said she had never been convicted of a felony. Mavor Anderson determined that the forms were in order and did reflect a partnership and that police clearance had been received. Motion by Alderman Howard "I would move that the transfer of the license of Lakeside Liquors at 5820 West 44 Avenue from David E Perry to Patricia A. and August G. Pruyser be approved to be effective January 1, 1974." Motion was seconded by Alderman Hulsey and passed 6-0. WZ-72-4o Rezoning Case was heard. Garth Gibbons, Current Planner stated 1. The request was for an Industrial Development Preliminary Plan at 49 Avenue and Independence for industrial use on 9 acres 2. Zoning was industrial and had beffi granted March 22, 1973 on an outline plan It was previously Agricultural-One. 3. This request comprised approximately 1/3 of the area on the outline plan. Hearing on the Preliminary Plan was required by law 4. This plan comprised approximately 1/3 of the property. 5. Applicants were Robert Williams and Jim Helbig. 6. The Planning CommiSSion recommended the plan be accepted pro- vided there was dedication of 30 feet from the center of both 49 Avenue and Independence as they abutted the property 7 There would be private roads within the property and no city dedications 8. There would be minor problems of ownership of water and sanitation lines with dedicated roadways. 9 The Planning Department felt the plan was consistent with the development ordinance and that the statements in the outline plan met department requirements. In answer to a question by Alderman Abramson as to applicability of of House Bill 1529 to the acceptance of a plan when zoning had been granted before July, Assistant City Attornev McCarthy said acting upon a plan would not be in conflict with House Bill 1529 and also that a change of ownership had no hearing on the case. Dwight Griqgs, attorney representing the applicant "Kipling 5000" stated; 1. Kipling 5000 was owned in partnership by Robert Williams, Jim Helbig, Harper Orahood and himself. 2. That Ron Hoisington had been retained as a planning consultant to follow up on the outline plan. (Some of the following points were also comments of Mr. Hoisington.) 3. The property was being developed in phases because it couldn't all have been completed in 6 months 4. In answer to Alderman Cavarra, an area labled Section "A" which was property not rezoned was drawn into the plan and included one building. 5. The present phase didn't go completely to the south boundary ex- cept an access road and went only as far north as the excluded Section "A". 6. The notches are included in the total plan, but are areas appli- cants are negotiating to buy and are not included in Phase I and would have to be rezoned. MINUTES - December 20, 1973 - Continued -4- 7 It was hoped that a 7 acre lake to the east would be drainage for the whole 30 acre area. 8. Information on drainage of the whole 30 acre area had been given to Mr Gadalla and was presently at the engineering department, and not available at the hearing. It had been submitted approximately 4 weeks ago 9. That drainage requirements had been met and that room was available to do So 10 That road ROW on the north was not in Phase I and that he was presenting deeds for ROW for Phase I to Mayor Anderson. 11 Use would be a 22,000 square foot warehouse east of the entry road and personal unit storage units west of the road. This would look like office space with interior loading dock area and no outside storage 12. Completion date w~uld depend on the weather and authority for gas. Construction would begin immediately. 13. The total plan would have 28% open space, would meet parking ratios and wwld be underneath the maximum allowed for buildings 14. Several large drawings were displayed and it was stated they would be left in custody of Garth Gibbons until smaller prints or slides could be provided and made a part of the planning department file Mavor Anderson stated information on the drainage plan was to be made available by the engineering department to the applicant and the Council next week and would not be presented as evidence at the meeting. No one else appeared either in favor or in opposition and the hearing was closed Motion by Alderman Cavarra "I move this Case be tabled for decision next week." Motion was seconded by Alderman Donaldson and passed 5-1 Alderman Abramson voted "nay." WZ-73-28 Site Development Plan for Wheat Ridge Industrial Park was heard Applicant Jav Levv requested approval of a plan for the third phase of the "Wheat Ridge Industrial Park." Garth Gibbons stated 1 The other two parcels had been approved and recorded. 2. The building proposed for this parcel did not meet front or rear yard requirements but had been granted a variance for 15 foot setback on the front and 10 foot setback for the rear yard 3. Applicants had followed department advice to do the project in phases. This was final phase. 4. 56 foot ROW exists where 60 feet is required, but it did not seem practical to require it on this phase only A dedication Wffi not required on the other two Burton D. Levv of 301 Vallejo represented the applicants and stated 1. That this was his third appearance 2 The center piece was requested first, then the east and now the west and final phase. 3. The third was shy on space as a separate parcel but alright in the total picture. 4 In answer to Alderman Howard, a 3,000 square foot building rectangular in shape was what was presented to the Board of Adjustment for the variance (Garth Gibbons stated the allowable space on the small triangle if the design of the other buildings had been followed would have allowed only 25 feet on one side.) 5. In answer to Alderman Cavarra who said the Planning Commission Minutes had mentioned traffic problems between Allison and Carr, he stated that the traffic would follow the service road or 48 Avenue to Kipling or through the underpass and on to the north, or to Wadsworth. 6 Use would be light warehousing with no trucks or docks. 7. It was figured that three people ~ld U$ 3,000 square feet. 8. That the question of ROW had not come up before and that it should be harmonious. That it was pointless to require more on the third parcel than on the other 2. MINUTES - December 20, 1973 - Continued -5- Mayor Anderson said he didn't see how two could be approved and then question the ROW on the third, and that the law does not require 60 feet. Garth Gibbons stated that hardship existed in that the applicant was not informed and in that the road deadends at Wadsworth. That 50 foot ROW is required for residential, and 60 feet for industrial Speaking in opposition Gene Harlow of 4660 Estes stated 1. He wondered if new structures were governed by the new state law regarding gravel. (Both Mayor Anderson and Assistant City Attorney McCarthy stated the law did not apply ) 2 That a variance had been granted fur setbacks and that 54 feet which was less than the required 60 foot street was proposed which was Ok if it didn't hinder the traffic. 3 That heavy trucks go through to the Flanagan Industrial. 4. That people in the adjacent residential area are awakened by truck traffic. 5. He felt that his neighborhood which was residential should be protected and not be pushed out by industry The Hearing was closed. Motion by Alderman Abramson "I move that Case WZ-73-28 be taken under advisement and a decision rendered during the normal course of the evening on December 27, 1973." Motion was seconded by Alderman Donaldson and passed 6-0. WZ-73-29 Rezoning Case hearing was opened. Applicant Ralph Jacobson had requested a change from Agricultural-One to Restricted-Commercial on 39 acres at 10201 West 44 Avenue. Mavor Anderson asked Garth Gibbons to explain why the Planning Commission has said this would not be strip zoning. Mr. Gibbons explained that it was strip zoning in that it would extend a zone along the street but that the Commission might have meant it couldn't go pa3t this property to the west because of residential property there. In answer to Alderman Abramson regarding applicability of House Bill 1529 Mr. Gibbons said 1 Larry O'Brien had testified at the Planning Commission Meeting and that he could relate what was in a letter from Mr O'Brien. 2. That the Planning Commission Minutes reflect that the property was subject to House Bill 1529. 3 That HB 1529 states it is to preserve access to areas containing gravel deposits. 4. That this property provided access to a large area to the north even if this tract in itself could not be considered a commercial deposit. 5. That he had advised the applicant that expert testimony would have to be presented to the Council Ralph Jacobson of 12861 Kendrich representing the applicants stated 1. Applicants had hired Environment Inc. regarding HB1529 and that the letter from that company was sufficient. 2. That the area was 147.6 X 117.6 feet and considering setbacks was only 59.6 X 87.6 could be mined. 3. That the letter from Mr. o~rien stated that the property adjoined the commercial property to the east. 4. That estimated total worth of the gravel was $1,700.00 and that there was no way to take it out. 5. That the presence of an existing building made the gravel non- extractable. Alderman Cavarra stated the question was whether the area was too small to mine or part of a large deposit Alderman Abramson stated a state interpretation was needed as to whether property could be considered individually or as part of a whole and re- commended help be requested of the State Geologist as is done in Adams County. MINUTES - December 20, 1973 - Continued -6- Mavor Anderson stated 1. The burden of praf was on the applicant to provide evidence that deposits were not commercially extractable. 2 That perhaps the "way to get around HB 1529" was to keep bringing in small areas of deposits. 3 That the City must make a determination which would · stand until overturned by the Courts." Motion by Alderman Abramson action on this case, based on seconded by Alderman Cavarra. "I move that the City Council take no 96-36-5-1 of HB 1529" Motion was Mr. Jacobson said the property was ow,ed by Dr. Gail Gilbert, Harold Lutz and himself and that they would back up the City in obtaining a court decision. Also, that they had proceded as directed and that the staff should iron out such matters before it gets to Co~ncil In answer to question from Mr. Jacobson, Assistant City Attornev McCarthv stated that the evidence had not satisfied the Board. Motion to take no action passed 4-2. Aldermen Pepe and Hulsey voted "nay." Resolution No. 260 commending E.D MatlDx Jr. for service on the Board of Adjustment was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move Resolution No. 260 be adop ted." Motion was seconded by Alderman Donaldson and passed 6-0 Resolution No Commission was 261 commending Homer Roesener for service on the Planning introduced by Alderman Donaldson and read. Motion by Alderman Hulsey "I move Resolution No. 261 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No 262 pertaining to the budget for the City Attorney was introduced by Alderman Hulsey and read. Motion by Alderman Pepe "I move Resolution No 262 as introduced by Alderman Hulsey be adopted" Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Pepe "I move that Agenda items 12-a, 1,2,3 and 4, 12-b and 13 be tabled and be first on the Agenda next week." Motion was sec- onded by Alderman Howard and passed 4-2. Aldermen Abramson and Hulsey voted "nay." Motion by Alderman Howard by Alderman Pepe "I move to adjourn" Motion was seconded Alderman Abramson said he would vote against the Motion because staff members had been waiting all evening to present city business items. Motion was defeated 4-2. Aldermen Hulsey, Abramson, Cavarra and Donaldson voted "nay " Motion by Alderman Abramson "I move we reconsider the decision to put items 12 and 13 on next week's agenda." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Pepe voted "nay." Ben Chastain, Chairman of the Mass Transit Committee said there would be a 6 month contract submitted to the committee and presented to Council next week. BoVd Kraemer requested approval to finish up the lighting at City Park. He stated 1 The City would have one of the best baseball, football and soccer facilities in the County 2. It was in the budget. 3. In answer to Alderman Howard, this had been a phase project. 4. It had been approved by the Park and Planning Commissions. ". / MINUTES - December 20, 1973 - Continued -7- t Motion by Alderman Abramson "I move that the Mayor be authorized to contract with Howard Electric Company for $11,000 00 for Phase II Electrical Contract for City Park in 1974 from Account No. 452.15." Motion was seconded by Alderman Hulsey and passed 6-0. A presentation on city space needs was given by Walter Grande, Finance Officer He stated 1. The Savings and Loan lease had not been renewed. 2. Money authorized previously for condemnation would revert to the general fund after this year. 3. That the eastern portion of Columbia Heights School would be available in March. 4. That the first alternative would be to use the school auditorium for the court, Council and commission meetings, and the attorney and administrator could be squeezed in at virtually no cost. 5. That another alternative would be to utilize the 7500 square feet at Columbia Heights for City Hall offices and spend approximately $10,000 00 for ~titions, electricity and painting, or 6 That the large rooms could be utilized as they are with only the cost of relocation 7. That a third possibility was to construct a recreation facility an 8,000 square foot building which would cost approximately $89,000.00. 8. The advantages of such a building were that the city would own it, long term cost would be low, and that planners for the parks say it is needed for recreation use even if a City Hall were to be built somewhere else 9. That a fourth possibility had been proposed by the owners of the former GEM Store, now vacant that the building be shared by several commercial outlets and the City. 10. The City would have 15,643 square feet of office space in the center rear at $1.75 per foot per year or $27,375.00. 11. This would give room for the entire operation and parking and partitioning would be provided. 12 That the owners wanted a 10 year lease 13. Th~ space was available for $2.75 per foot in the former Spartan Store and other space available at 44 Avenue and Owens. 14. That Council might want to study the school and other alternatives but that it was important to reach a decision on the recreation building 15. That the building could provide meeting room needs without cutting out recreation uses. The following comments were made Alderman Abramson stated the recreation building construction was coupled to City Hall needs, but Should be considered as a separate issue. That it was not feasible to consider it office space but to consider if it were justified in itself. Columbia Heights provided an adequate solution to needs. Alderman Cavarra stated these should be separate issues That Columbia Heights would provide the most at the least cost until it could be known if Wheat Ridge Jr. High School would be available Also, that a gymnasium and auditorium had received the lowest possible citizen priority and it was a poor policy to give the people first what they want the least She asked about personnel available for maintainsnce of such a building. Alderman Howard questioned whether or not sealed bids had been submitted, what the building would look like and where the City Attorney and admin- istrator would have their offices. Alderman Hulsev stated that it should be considered a multiple use building and would provide space for crafts, recreation for the elderly and handicapped persons. That a building was purchased for Public Works even though some thought it wasn't necessary, and that there hffibeen no direct communication from Mr. Riley of the school district. Alderman Pepe question what the cost would be 10 years from now to build MINUTES - December 20, 1973 - Continued -8- Boyd Kraemer said many uses were possible. No additional maintenance would be required and the Park Commission had recommended the building and that cost of gas and electricity would be nominal. Motion by Alderman Cavarra "I move that the City Council direct the Mayor to negotiate with the R-1 School District as to leasing Columbia Heights School subject to approval by Council." Motion was seconded by Alderman Pepe. Alderman-elect Lawrence Merkl stated the people of the Columbia Heights area wanted the school to remain a school. Also, that the situation wasn't especially good for a lot of traffic and that he was opposed to placing the Police Department in such close contact with school children Gene Harlow of 4660 Estes said he echo Mr. Merkl's sentiments and that there should be some plans for permanent space for everyone. Motion tied 3-3 and died. Mayor Anderson did not vote. He said the City would continue to work with the schools, and if something came up it would be brought to Council. Aldermen Pepe, Donaldson and Hulsey voted "nay" on the Motion. -t~ ~ i1 " {, "L.- ......)L.i ~y-" ;., ':-, I ' r Motion by Alderman Hulsey "I move the Treasurer be authorized to purchase a 20 foot X 80 foot building at a price not to exceed $89,130 00." Motion was seconded by Alderman Pepe. Walter Grande broke down the cost as follows on request of Alderman Howard Building - $60,475 00 Interior - $10,100.00 subject to further bidding. Electricity - $4,635.00 Utility Installation - $1,570.00 Exterior - $1,800 00 Gym Floor - $2,750.00 Plus a 10% contingency or $89,130.00 not including a synthetic floor. Alderman Cavarra said she would vote against the Motion that it was a bad time for capital expenditures when long time planning is needed. Motion passed 4-2. Aldermen Cavarra and Howard voted "nay." Walter Johnson, personnel director presented recommendations from the personnel committee Motion by Alderman Abramson "I move that the City contribution for Health and Life Insurance be increased to $22.50 per employee per month during 1974." Motion was seconded by Alderman Donaldson and passed 5-0 Alderman Pepe was absent. Motion by Alderman Abramson "As recommended by the Personnel Committee I move that the personnel schedule for administrative services, Account 415 4, 1974 Budget, be adjusted to reflect administrative Clerk II instead of Administrative Clerk I." Motion was seconded by Alderman Cavarra and passed 5-0. Alderman Pepe was absent. Motion by Alderman Abramson Administrator, Director and as follows 1973 l1;500 $ 912 $1,168 "I move that, pending a review by the City Officer salaries be set, starting January 1, City Attorney Director of Personnel Director of Building Inspections $1,197 " 81,386 Director of Planning $1,457 " $1,170 Director of Parks and Recreation $1,400 Director of Public Works $1,568 " $1,400 Chief of Police $1,568" Motion was seconded by Alderman Hulsey and absent. 1974 ~07 $ 925 per month (Pay Ord ) " " ($11,220) $1,227 " ($14,364) ($17,484) ($14,724) " ($18,816) " ($18,816)." passed 5-0. Alderman " " " Pepe was MINUTES - December 20, 1973 - Continued -9- A soil report on the Harlan Street Drainage Project was discussed briefly. Motion by Alderman Howard "I move that the City Council approve the proposal of F.M. Fox and Associates Inc. to conduct soil investigation studies for the storm sewer project in the vicinity of Harlan Street from West 38 Avenue to West 47 Avenue, as set out in the proposal dated December 12, 1973, and that the complete work shall not exceed a cost of $1,500.00, and that the Mayor be authorized to sign the contract relating to this with F.M Fox and Associates Inc" Motion was seconded by Alderman Donaldson and passed 5-0. Meeting was adjourned at 2 15 a.m. 1 .-/ " " \ -~L."1" z...f.-.<.~d.~ // Louise F Turner City Clerk r,-<-...L<!.~~." ;I'.L_"- r...--' APPROVED /?./~ 7//Z O')J",