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HomeMy WebLinkAbout08/14/1978 CITY COUNCIL MINUTES --------_._------ CITY !JF WH~1_RIDGE, C010R.:AD0 Jl.ugusLl~_197~ The Four Hundred and Twentieth Regular was called to order by Mayor Oliver V at 7500 W 29th Ave Meeting of the Wheat Ridge City Council Phillips at 7 35 pm, August 14, 1978, Council Members present were Mary Jo Cavarra, Joseph M Doaaldson, Anthony N FIasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City Treasurer James 0 Malone, City Adminis- trator John A Jerman, City Attorney Edmund G Lambert, Department Heads Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Charles Stromberg, staff, and interested citizens Motion by Councilmember Donaldson "I move for the approval of the min- utes of the meetings of July 31st and August 7th as printed", seconded by Councilmember Turner; carried 6-0 Mayor Phillips read the Proclamation naming the JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND September 3 - 4, 1978 Public Comment Norman Andersen, 12495 W 32nd Ave , Wheat Ridge, spoke re his concerns about the two lots to the east of the new building under construction at the 32nd & Youngfield shopping center He feels these are being used as a part of the shopping center Mr Lambert to research and report next week on If these two lots are connected by a walkway, do they become an integral part of the PCD and have to go through Public Hearing, or, if the zoning is proper, can they be used without a Public Hearing ~/~ehr, 9490 W 37th Ave, expressed his concern with Ordinance 200 (street J..,,-~ cuts) He had experienced considerable problems and expense in the installation ~"LL~ of a lawn sprinkler system His concern large companies do not pay the escrow, 'Y~~\~ no inspections of the work were done, and that the street was not properly repaired in 1977, and is supposed to be redone Public Hearings and Ordinances on Second Reading ~lication for new Retail ~iquor Store License for Dale Frisk dba Crazy Horse Liquors at 12375 W 44th Ave The applicant was represented by Gerald Boatright, 4315 Wadsworth Dale Frisk explained The type of store he planned to have, his background, qualifications and plans for the business, his financing, and that he would be leasing the building Ma~~cott, 1200 Pearl #303, Boulder, Oedipus, had done a neigh- borhood survey, and Mr Scott presented a document showing the results of this survey Diane Hurley, 11930 W 44th of Taggert Trucking (office manager) indi- cated that the truck drivers stay with their trucks, which are too large to drive around the area, and would like a store nearby Gene Hurley, 11930 W 44th, Terminal Manager of Grover Taggert Truck Co , and Safety Manager, also indicated that he believed the truck drivers would use the establishment Steven Sanders, 10384 W 58th PI , Arvada, Operations Manager, for Time DC, Denver West 76, 12151 W 44th, stated the same idea Robert Hooven, 9714 W 38th Ave , who had done the neighborhood survey for the Cit~, told the manner in which the survey had been conducted and gave the results Motion by Council- member Cavarra "I would move that the Retail Liquor License for Dale Frisk dba Crazy Horse Liquors to be located at 12375 W 44th Ave be denied for these reasons (1) Based on evidence and answers of applicant, the financial statements, and relationship of other parties holding retail liquor license may be improper under Colo- ~ rado statutes, (2) Applicant did not satisfactorily prove that there are no other outlets serving the neighborhood, assuming that a structure and immediate parking constitutes an outlet City's impartial survey states that only 34% of the citizens polled be- lieve there was a need for an additional outlet, which indicates that needs are being served Applicant's survey showed that only 47% polled believe there was a need for an additional license The preponderance of evidence presented by the applicant was that the clientele of the establishment would be truck drivers from the vehicles parked at the 1-76 Denver West Truck Stop, not residents of the neighborhood who need and desire that this license be issued"; seconded by Councilmember Fiasco Councilmember Pepe stated he Item 1 CITY COUNCIL MINUTES AUGUST 14 1978 Pa.ge -2- would vote no because the City's survey and the outside survey both showed a greater percentage in favor of the applicant ~Eti~~~~rie~l, with Council- member Pepe voting NO Item 2 Appl~cat50n by Dwai~~~___~ichter for approval of of Zinnia St between W 32nd Ave & W 33rd Ave between Zinnia Ct and 1-70 (g~~~~.9_WV-78-.Q.L) vacation of a portion , and for W 33rd Ave ~Stromberg gave the Planning Division comments ~_~e~KessleI' POBox 6013 Cherry Creek Station, Denver 80206, represented Dwaine Richter, applicant Mr Richter explained that vacation of the platted (but not developed) streets was necessary to the plan Robert Sonheim represented the opposition He pre- sented Opponent's ExhibitliZ;--Plat of Applewood Gardens, showing residential area (as presently designated by Court action), Opponent's Exhibit #1, Copy of Court Order in the action regarding a portion of this area ~~~h~~~Froll, 13167 W 33rd Ave , Golden, and Gary Holbrook, 3320 Alkire Ct , Golden, testi- fied in opposition to the vacation Also, Larry Angus 3230 Alkire Ct , Golden, and Mike Carroll, 13167 W 33rd Ave, Golden, testified in opposition, The opposing reasons given were If the streets are vacated and then the City needs them, repurchase will be expensive, area is feasible for residential not com- mercial, that the neighbors should be able to rely on the area when they pur- chase homes Amended motion "In the application by Dwaine R Richter for the vacation of a portion of Zinnia St between W 32nd Ave & W 33rd Ave, and for W 33rd Ave between Zinnia Ct & 1-70, be approved for the following reasons (1) It conforms to the Comprehensive Plan (2) It will not have an impact upon the neigh- borhood or environment, (3) The Planning Department recommends its approval and direct the City Attorney to prepare an ordinance to be submitted on the next agenda, and a 16-foot sewer easement be provided by the Northwest Sanitation District If at a future time it is determined that dedication is necessary to develop the western portion of the property, that will be accomplished at no cost to the City" Amending motion by Councilmember Cavarra, seconded by Councilmember Turner, carried 5-1, with Councilmember FIasco voting no He stated he would vote no because to be developed residential and cannot be done if vacated Original motion by Councilmember Pepe seconded by Councilmember Donaldson Original motion as_amen~ed carried 4-2, with Councilmembers FIasco and Lewman voting NO Motion by Councilmem~er TurIler "I move that we finish items 3, 4, 5, and 7, and all other items be continued until next week" , seconded by Councilmember Pepe, carried 6-0 Item 3 ~licat_~9E...~_ Dwaine. R for a property located (Case No WZ-78-14) Richter for approval of Final Development Plan approximately at W 32nd Ave & 1-70 Service Road Councilmember Cavarra reminded those in attendance that this is a Final Develop- ment Plan hearing and that use had been previously determined, so this hearing should involve the Final Development Plan only Mr_StromEerg gave the Planning Division comments, and stated this portion is Phase I and should be designated as such on the Plat Question was asked regarding the Fire District since none was listed on the utilities list Also, there was a question as to the correct- ness of the boundaries and legal description M~___K~-,,_s.ler represented the applicant and stated that the legal description on the 'Final Development Plan is correct In 1975 the Outline Development Plan was approved for C-1 uses which includes a restaurant This area is not covered by Applewood Gardens Covenants Mr~on~eim represented the opposition and requested that the pre- vious hearing be made a part of this public hearing He questioned the suffi- ciency of the Outline Development Plan He called John Sarroll, 13167 W 33rd, Golden, as a witness who discussed opponents' Exhibits #3 and 4 regarding variances between the final and preliminary plan Opponents' Exhibit #5, opposing petitions, were entered into the record Ro~a~_~rumbaugE, 3165 Zinnia St Golden, stated he thought the zoning decision should be reversed since circum- stances are now different Mike Mabee 3278 Zinnia Ct , Golden, said he relied on the current zoning when he purchased his house }~~ett_e SIIli~ham, 3248 Zinnia Ct , Golden, discussed a map of the streets of the area (opponents' Exhibit 116) to show traffic dangers Ga2:L_B_--.B..c:.~bC:Eok 3320 Alkire Ct Golden, feels that 1-70 serves as a boundary between residential and commercial areas ~~le~~?_he~ty, 13187 W 33rd, Golden, discussed (opponents' Exhibit #7) picture showing sign indicating public hearing for a PCD amended Development CITY COUNCIL MINUTES AUGUST 14, 1978 Page -3- Plan; and (opponents' Exhibit #8) a letter from Wheat Ridge Community Development Department Kathleen C O'Neill, 3238 Zinnia Ct , Golden, who has six children from 1 to 11, was concerned about traffic Joseph O'Neill, 3238 Zinnia Ct , Golden, questioned the developer acting in good faith, and also was concerned about traffic and noise Jerrilee Beneda, 3690 Hoyt Ct , Wheat Ridge, said she concurred with everything that had been previously said and is a Wheat Ridge resident Mr Kessler stated that there are often changes between the Preliminary Development Plan and the Final Development Plan because after the Planning Commission hearing, staff requests are made for changes and improve- ments ~~en Mr Carroll was asked why he was not in attendance at the July 20th Planning Commission meeting, he stated that it had been a decision of the Association to not appear Mr Sonheim read a letter of July 21, 1975, from Arthur Brunton asking that there be no proposed changes in the Outline Development Plan Amended Motion "I move that the application by Dwaine R Richter be approved for the Final Development Plan for property located approximately at W 32nd Ave and 1-70 Service Rd , Case #WZ-78-14 Reasons being That the Final Plan met the requirements of the zoning ordinance and staff recommended approval, and the Preliminary Development Plan was approved by the Planning Commission on June 15th, also that Mr Richter has moved the res- taurant east to the present location It will not have an impact on the single-family homes to the west, and would not bother them from odors, traffic, etc The wording Phase I be added to the official Development Plan, that 1-70 Service Road be changed to Youngfield Service Rd that the legal description be reexamined by the staff prior to the signing of the plans, that the amount of lighting be subject to staff reevaluation, and that it be con- tingent upon the approval of the appropriate fire district" Amending motion by Councilmember Turner, seconded by Councilmember Cavarra, carried 5-1, with Councilmember FIasco voting NO because he thought the Final Development Plan was not the same as presented to Planning Commission Original Motion by Councilmember Donaldson, seconded by Councilmember Cavarra, motion as amended carried 5-1, with Councilmember FIasco voting NO Item 4 Application by Willis H and Dorothy M Alderman for approval of a 3-lot subdivision located at approximately 10925 W 32nd Ave Case No MS-78-03 Mr Stromberg presented the Planning Division comments Question was asked regarding Park dedication or money, and statement was that $75 was planned to be paid Along the east side of the subdivision are planned private roadways Motion by Councilmember Turner "I move that zoning case MS-78-03 Minor Subdivision in the name of Willis H and Dorothy M Alderman of 10925 W 32nd Ave be approved, subject to the following That the ingress easement be recorded, and that prior to the issuance of a Building Permit there be a written statement from Hetro Sewer that the property can be served", seconded by Councilmember Cavarra Motion to amend by Councilmember FIasco "I move to amend that they dedicate a 50-foot right-of-way for a road"; seconded by Councilmember Donaldson Councilmember Cavarra stated would vote no because it places an excessive burden on one person Motion to table by Councilmember FIasco "I would move that this matter be tabled 'for three-weeks period to allow staff to properly come back with the recommendations to do the job", seconded by Councilmember Donaldson, motion to table failed by vote of 2-4, with Councilmembers Cavarra, Pepe, Lewman, and Turner voting NO Motion to amend failed by a vote of 1-5, with Councilmembers Cavarra, Donaldson, Pepe, Lewman, and Turner voting NO Motion to approve carried by vote of 4-2, with Councilmembers FIasco and Donaldson voting NO Item 5 Application by Lawrence L an amendment to Industrial approximately at 12200 W 52nd Ave & Martha Elaine Cumley for approval of Development Plan for property located (Case No WZ-78-13) Mr Stromberg presented the Planning Division comments Harlan Pelz, 4155 E Jewell, attorney, represented the applicant Elaine Cumley, 3300 Braun Ct , was present Questions were asked involved dedication-~f a 60-foot right-of-way, and percentage of lot coverage, and insufficiency of water for fire protection purposes Sprinklers are planned for the building for that ." '. ~:- CITY COUNCIL MINUTES AUGUST 14, 1978 Page -4- use Since some of the questions were unable to be answered, the following motion was made by Councilmember Cavarra "I move this case be continued two weeks", seconded by Councilmember Turner, carried 6-0 Decisions, Resolutions, and Motions Request of Wheat Ridge Carnation Festival 1978, Inc , to correct time listed for the Special Events 3 2% Malt Beverage Permit Motion by Councilmember Pepe "I move that the approved hours for the Carnation Festival 1978 be August 24th 6 00 p m to 12 midnight, August 25th 6 00 p m to 12 midnight, and August 26th 11 00 a m to 12 midnight", seconded by Councilmember Lewman, carried 6-0 Item 7 ~lEETING ADJOURNED AT 3 20 a ill -) ~ / t<- /,1/ L,' l~. (. C//~ F HAMPF, CITY CLE --- APPROVED c CAROL cfh, pjk ) C~ :stri ute toh: c: Date."" //7 _'I , Citv Clerk: City Treas: , I~v; 4/,,\11.7 , c,i:i2VleF~ ( b r /\1\c<. \ L "'-0 t '::, -,- ounctt Mayor City Adm. City Atty.: Dept. Headsl I -f