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HomeMy WebLinkAbout08/15/1977 CITY COUNCIL MEETING MINUTES - August 15, 1977 The three-hundred seventy-fifth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 P m at 4355 field Street Councilmen present were nary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl, and Louise Turner Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Carol Hampf, Department Heads Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, staff and interested citizens Minutes of the meetings of July 11 and August 8 were approved as published No one was present to speak under Public Comment Item 1 Application for new Class G, 3-Way Hotel and Restaurant Liquor License for Canale's Italian Restaurant located at 5016 Kipling Street, Wheat Ridge, CO John Popovich, attorney, of 1430 First National Bank Building represented Jerry Canale of 1509 Corona, Thornton Mr Popovich stated that an independent survey had been conducted showing very few people against the license, the restaurant has been open about two months with Mr Canale managing, Italian dinners, pizza and sandwiches are beinq served, customers have indicated a desire for liquor to be served, a lease has been signed for the unit next door for a lounge, Mr Canale has the money to finance the remodeling in a savings account, and an accountant has been hired to take care of the bookkeeping Council questioned Mr Canale re address? 5016 Kipling, felony convictions? Yes Why not shown on application? Error on part of attorney There had been a felony conviction in 1972, which was dismissed in 1972 after restitution was made Mr Canale's address? Address shown on application is 10867 Larson Drive, Northglenn This property has been sold and current address is 1509 Corona, Thorton, a rented property Mr Popovich called Bob Supinger of 5116 Jellison Arvada He stated that he had had dinner at Canale's restaurant and would consider it an advantage for the restaurant to have a license, and had asked for wine Re other outlets in the area? Wellington's and Murph's have tavern 1 icenses ~lotion by Councilman ~1erkl "I move that Council approve the Class G 3-Way Liquor application for Mr Jerry Canale dba Canale's Italian Restaurant at 5016 & 5018 Kipling Street" Motion was seconded by Councilman Hulsey and failed to pass 2-4 Councilmen Cavarra, Donaldson, Howard, and Turner voting Nay Item 2 Appl ication by Will iam C Kl ingman, Charlotte L Kl ingman and Esther L Klingman for approval of a two-lot minor subdivision located between W 44th Avenue and W 46th Avenue on the west side of Brentwood Street Case No MS-77-05 Mr Shelley said that Public Service, Mountain Bell, water and sewer requirements had been met, the plat meets all require- ments and had Planning Commission approval The lot has a 82 4 foot frontage, and is suitable for a single family home although it has R-2 Zoning It was asked if a double could be built Mr Shelley answered that not with this frontage, a variance, however could be applied for Mr Klingman is planning to build his own home on this lot (Tract B) Motion by Councilman Turner "I move that Case No MS-77-05, minor subdivision applied for by Cha rl otte Kl i ngman, Esther L Kl i ngman and Wi 11 i am C Kl i ngman be approved " Motion was seconded by Councilman Howard and carried 6-0 Item 3 Application by Wilfred A Mayville, Jr , for approval of rezoning from RC to C-1 for property located at 6090 W 44th Avenue Case No WZ-77-11 Mr Shelley said that the property is on the southeast corner of 44th and Ingalls and that the Comprehensive Plan indicates neighborhood commercial uses C-1 is too broad a category for neighborhood commercial He read a 12tter from the present owners and the prospective purchasers urging approval of the change Planning Commission recommended denial The former use of the property was non-conforming, but has been out of non-conforming use more than 60 days Richard M Huckaby represented the applicants and said that he was authorized to amend the application in order to secure City Council approval He said that as the building is presently zoned it is of no practical use A letter from Harry Sigman, builder of the property, giving background history of the building ~1r Huckaby said that the previous uses of the building had always been in the C-1 category, and that the proposed use was to be a new and used furniture and appliance store Mr Mayville, 46 Morningside Drive, Eileen Dean 3332 Yarrow, and Mary Dean also of 3332 Yarrow were present The Misses Dean explained that they are soon to retire as Elementary School Principals and planned to assist their brother Minutes - August 15, 1977 - 2 - in the operation of the store Mr Fox was asked if a stipulation of use could be put on this zoning? He said not on C-1, only on Planned Districts Application cannot be amended at this meeting It can be amended and go back to Planning Commission as a Planned District without the waiting period Motion by Councilman Cavarra "I move that Case \~Z-77-l1 be denied for the following reasons The existing RC zoning provides a buffer to the adjacent residental uses, all C-1 Zonings are not compatible with neighborhood land uses, the application and proposal has been denied by the Planning Commission" Motion was seconded by Councilman Howard and carried 6-0 Item 4 Application by Elgin T and Grace Kelly for approval of a four- lot minor subdivision located between W 43rd Avenue and W 44th Avenue on the west side of Kipling Street Case No MS-77-06 ~Mr Shelley said that placement of curb, gutter and sidewalk is in process, sewer is ok, water tap may be applied for but may not be available until 1979, a c~l-de-sac will be dedicated on lot 3, and a speed change lan€ on Kipling for lot 4, and the subdivision had been approved by the Planning Commission There was discussion regarding the exposure for commercial uses and marketing of the va ri ou slots Grace Kelly was present, represented by Gregory Kessel (sp?) of Coldwell Banker Commercial Brokerage Company of 5250 S Cherry Motion by Councilman Merkl "I move for the approval of Case No MS-77-06 with the stipulation that the cul-de-sac on Lot 3 be dedicated, for the following reasons the plan meets the subdivision regulations and is recommended for approval by the Planning Commission" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Howard voting Nay Item 5 Application by George J & Jonnie M Mazzocco for approval of a two- lot minor subdivision located on the north side of W 48th Avenue and Pierce Street Case No MS-77-07 Mr Shelley said that the purpose of the sub- division was to facilitate sale of Tract 1, which is developed The owners live in the R-2 parcel and will retain ownership of Tract 2 for their own use The Board of Adjustment has approved an ingress-egress easement for Tract 1 Sewer and water districts have indicated ability to serve the area (water subject to availability of a tap) The subdivision requirements have been met, legal description problems have been solved and the Planning Commission recommends approval George Mazzocco and Jonnie M Mazzocco were present, also Ben C Alexander of 2105 Estes in Lakewood (from Century 21) Discussion involved dedication of easements for Public Access to the Green- belt Trail system Mr Fox said that the storm drain easement would have to be amended to Public Easement Motion by Councilman Cavarra "I move that Case MS-77-07 be approved with this amendment 'Drainage and Public Greenbelt Access Easement over east 10' to Jefferson County Book 1798 page 365' and that this amendmEnt be included in fhe descriptions of Tract"l and Tract 2 also" ~10ti(jn was' seconded by Councilman t,1erkl Motion to Amend by Councilman Merkl "I move to am2~d Mrs Cavarra's motion for approval to include an easement along the Nortberly portion of Tract One It would be a 10 foot easement extending from the north-easterly section of Tract one to the north- westerly section of Tract one, for recreation purposes" Motion was seconded by Councilman Cavarra Motion to amend carried 6-0 Motion as amended carried 6-0 Mr Zwagerman re Clinic Building at the Applewood Village Shopping Center He said that Conrad Becker owner and operator of the center wished to replace the 3200 square foot building with a 15,260 square foot building This req'lires a revis on to the Commercial Development Plan Mr Becker wants to know if there is anything Council can do to help him get going, if only for the foundation The new building would have 22 76% coverage, the old had 21 83% Motion by Councilman Howard "I move we send it back to the Planning Commission" Motion was seconded by Councilman Merkl and carried 6-0 Councilman Cavarra said that she believes there is a Communication gap involving the Planned Commercial Developments Bob Bisguard, 3368 So Nucla, Aurora, Asphalt Paving Company He was questioned re the Street Program Little appears to being accomplished and people are wondering when their streets will be paved Mr Bisquard said that the patching and reconstruction takes the greater amount of time and that when the paving crews can actually begin, this part goes very quickly He said that they are on schedule now and will be finished by September 15 As of Thursday there will be 2 crews working on the streets Mr Hobbs was asked Minutes - August 15, 1977 - 3 - if his inspector would be able to handle the inspection with more crews working Mr Hobbs said that if more than one inspector were needed another one would be provided Mr Jerman presented the Street Program progress report from r1r Hobbs Councilman Turner asked about the letter re our flood plain map, and the letter from the State Water Conservation Board Mr Jerman said that he had taken the matter to the Board before Wheat Ridge acted on the map However, the Federal Government had adopted their own map without checking with the State He had talked with Scott Tucker of the Urban Drainage District and ~1r Tucker recommended that we write a letter to the federal government statinQ that our map is in substantial conformity to HUD's map and that we intend to follow it because it is in compliance Then let them take any contrary action Mr Jerman will follow up on this Councilman Cavarra will be out of town the 18th to the 21st Hulsey will also be out of town next week Councilman Mayor Stites asked Council to vote on their choices ln the Motto Contest and forward them to him Motion to Adjourn qyCouncilman Merkl, seconded by Councilman Howard, all Aye "1'; :" (C-((cf ~') ([-{;//,-;://' Carol F Hampf, City Clefk ( APPROVED /d-C,-I/77 \ ;fLf-'--- / I '