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