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Home My WebLink About11/26/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO November 26, 1979 The November 26, 1979 Regular City Council Meeting was convened by Mayor Stites at 7 30 P m Councilmembers present Pat Aiello, Kent Davis, Ken Lewis, Lawrence G Merkl, Kay N Ore, and Louise F Turner (Bill Bowman and Mary Jo Cavarra are at the National League of Cities Meeting) Also present City Clerk Carol F Hampf City Attorney Ed Lambert, Department Heads Richard Bredt, Chief Ed Pinson, Charles Stromberg staff and interested citizens APPROVAL OF MINUTES MOTION by ~1r Davis to aporove the minutes of the meeting of November 19,1979 as published, carried 6-0 PUBU C COM~1ENT No one was present to speak under Public Comment PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Ordinance No 369 - For the Approval of a Change of Zone from Planned Residential Development (PRD) to Residential-One (R-1) on Property located at approximately the east side of Miller Street between West 46th and West 47th Streets (Extended), within the corporate boundaries of the City of Wheat Ridge, County of Jefferson, State of Colorado The question was raised that the Ordinance indicates rezoning to Residential- One and the background information indicates the requested zoning is Agricultural- One, and further why the requested zoning is not PF-1? The City Attorney indi- cated that if the rezoning is done at this time it should be to the zoning as published in the Ordinance Ordinance 369 was introduced by Mr Merkl and the title read by the Clerk MOTION by Mr ~1erkl for denial of Ordinance 369 on 2nd read i ng, carried 5-1, with ~,1rs Turner voting No MOTION by Mr ~1erkl that the zoning on the park project at approximately 46th-47th on Miller Street be sent back to Planning Commission and the zoning pro- cess be started over suggested zoning is to PF-1, carried 6-0 Item 2 Application by Frederick M Fox for approval of a Preliminary Develop- ment Plan, located at approximately 4765 Independence (Case ~b WZ-79-44) Mr Stromberg gave the staff findings and conclusions and entered the case file documents into the record He explained that there were two problems the set- backS and the front landscaping and driveway Frederick M Fox, Jr , 4765 Independence Street and Ron Shimpa, Mountair Builders, 6575 Carr, gave the applicants case There was no one in opposition MOTION by ~lr Davis to con- tinue that case for two weeks for study, Failed 2-4 with Mr Aiello, ~1rs Ore, t~r Lewis, and t~r Merkl voting No MOTION by Mr Aiello that Case No WZ-79-44, a Preliminary Development Plan in an Industrial District, located at 4745 Independence Street, be approved with the following conditions (1) that a 10 foot strip of landscaping along Independence be added to the Final Development Plan, (2) that the 35 foot drive- way be approved rather than a 30 foot driveway as Planning Commission recommended and that a 20 foot side yard setback on the north side of the new addition be allowed on the Preliminary Plan, however, prior to approval of the Final Development Plan by City Council an amendment be made within the Ordinances of that City so that the plan complies with the Ordinance of the City otherwise a 25 foot set- back must be shown on the Final Development Plan, carried 5-1, with Mrs Turner voting No, stating that this sets a dangerous precedent- to pass laws to make specific things legal CITY COUNCIL MINUTES November 26, 1979 Page -2- Item 3 Application by Peter Mirabella for approval of a Preliminary Development Plan, located at approximately 3575 Kiplinq (Case No WZ-79-39) (Wheat Ridge Office Park) . - Mr Stromberg read the staff report and entered file documents into the record Tom Reck, 11591 W 39th Place Peter Mirabella, Evergreen, Colorado, Patricia Mirabella, Evergreen, Colorado, William Dunn, 505 S Cody, were sworn in Since there is already a Wheat Ridge Office Park, the applicants indicated they would call this development Kipling Office Park There was no one in opposition MOTION by ~1rs Ore that the Preliminary Development Plan for a Planned Commercial Development located at approximately 3701 Kipling Street be approved with the following conditions (1) that the name of this development be changed as there currently exists one development in Wheat Ridge named Wheat Ridge Office Park, and (2) That acceleration/deceleration lanes be added to the Final Development Plans as indicated, carried 6-0 ORDINANCES ON FIRST READING An Ordinance repealing Ordinance No 357, Series of 1979, providing for new classifications, pay ranges and pay grades, providing for implementation January 1, 1980, and further providing fee and special contractual rates Chief Pinson explained that this salary ordinance is being presented in con- formance with the Charter and that the Personnel Commission and Civil Service Commission have recommended approval Rod Killian, 3784 Union Ct and John Lickley, 6510 W 35th Avenue, of the Personnel Commission, spoke in favor of adoption of the Ordinance, and brought out several possibilities for funding the additional money Ordinance was introduced by ~1r Merkl, numbered 372, and the title read by the clerk MOTION by ~~r Merkl that Ordinance 372 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, December 10, 1979 at 7 30 P m in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect January 1, 1980, after final publication, carri ed 6-0 Item 4 DECISIONS, RESOLUTIONS AND MOTIONS Item 5 Award of Bid for Greenbelt Trail Construction at various locations on the North and South sides of Clear Creek MOTION by tk Merkl to award the bid for Greenbelt Trail Construction to the Siegrist Construction Company at a cost of $42,998 40 to be charged to Account No 31-603-800-862, carried 6-0 Item 6 Preliminary Hearing on application for a Class G - Hotel & Restaurant Liquor License, with extended hours, for Denny's, Inc , dba Denny's Restaurant No 1424, located at 9930 West 49th Avenue, Wheat Ridge, Colorado MOTIONbyMrs Ore "I move that a Public Hearing be held application by Denny's, Inc , dba Denny's Restaurant No located at 9930 West 49th Avenue, Wheat Ridge, Colorado, Class G - Hotel & Restaurant Liquor License - on January and that the area for the neighborhood survey be set a a radius", carried 6-0 on the 1424, for a 14, 1980, one-mile Item 7 Renewal of various liquor and 3 2% beer licenses A Class D - Retail Liquor Store License B Class E - Liquor Licensed Drug Store C Class F - Beer & Wine License D Class G - Hotel & Restaurant License E Class J - 3 2% Beer Retail License F Class T - Tavern License CITY COUNCIL MINUTES November 26, 1979 Page -3- A Class D - Retail Liquor Store License Mr Davis moved to approve the renewal of Class 0 - Retail Liquor Store License for Applejack Liquors, Inc , 3320 Youngfield, carried 6-0 B Class E - Liquor Licensed Drug Store License Mr Aiello moved to approve the renevl~ of Class E - Liquor Licensed Drug Store License for Paramount Pharmacy, 10041 West 26th Avenue, carried 6-0 C Class F - Beer and Wine License Mr Lewis moved to approve the renewal of Class F - Beer and Wine License for Cugino's Italian Restaurant, 5807 West 38th Avenue, carried 6-0 D Class G - Hotel & Restaurant Liquor Licenses Mrs Turner moved to approve the renewal of Class G - Hotel & Restaurant Licenses for the following establishments Paramount Lanes, 2625 Kipling, Clancy's, 10117 West 37th Place, and Valente's Italian Restaurant, 6995 West 38th Avenue, carried 6-0 E Class J - 3 2t Beer Retail License Mr Merkl moved to approve the renewal of Class J - 3 2~ Beer Retail Licenses for Shop N Go Market No 957, 5990 West 38th Avenue and Safeway Store No 302, 10050 West 38th Avenue, carried 6-0 City Attorney will look into the police activity history of certain outlets to determine if Public Hearings for possible revocation are in order Item 8 Deci s i on regard i ng City Council f1eet i ng of December 24, and December 31, 1979. MOTION by Mr Merkl to cancel the Council meeting of December 24 and to reset the meeting regularly scheduled for December 31 to January 2, 1980, carried 6-0 MAYOR'S MATTERS Item 9 Mayor's appointments to various committees Mayor Stites made the following committee appointments Street Improvement Committee f1rs Turner, Mr Bowman, Mr Davis and Mr Aiello Community Improvement Committee Mrs Cavarra, Mr Merkl, Mr Lewis and Mrs Ore Standley Lake State Park Committe Representative Mrs Turner Denver Regional Council of Governments Representatives Mr Lewis and Mrs Cavarra, alternate DRCOG Criminal Justice Committee Representative Mrs Ore DRCOG Urban~tems Committee Representati ve f1r Davi s Council Representative to City/Chamber of Commerce coordinating Committee f1r Ai ell 0 Mayor Stites announced that the employee meeting which was cancelled last week due to the snow has been rescheduled for Wednesday, November 28th, at 8 15 a m City Administrator candidates will be interviewed Saturday, December 1st 1979 The Mayor stated that we owe a big debt of gratitude to the employees of the Public Works and Parks Departments for their efforts during the snow storm CITY CLERK called attention to the new page 2 to be put in the Council Rules of Procedure, and also that Colorado Municpal League will be sponsoring a seminar for new councilmembers on December 8 in Pueblo CITY COUNCIL MINUTES November 26, 1979 Page -4- CITY ADMINISTRATOR'S MATTERS Chief Pinson said that the change from water to alr in the fabri-dam has been rescheduled for Friday or next Tuesday CITY ATTORNEY'S MATTERS The City Attorney asked for a short executive session to discuss current litigation MOTION by Mr Lewis for an executive session to be held at the end of the meeti ng carried 6~O COUNCILMEMBERS' MATTERS Mr Merkl asked that the computer print-out showing all vouchers and depart- mental activity be reinstated Mr Aiello asked that a draft of an ordinance amending Chapter 2 of the code involving the 15% limitation on Board of Adjustment decisions be brought to the Study session December 3 UNFINISHED BUSINESS Item 10 Agreement between UDFCD, City of Wheat Ridge, City of Arvada, and Adams County and Wright McLaughlin for Clear Creek Major Drainage Study, and approval of Wheat Ridge share of cost ($6,500) MOTION by Mr t~erkl "I move tha t the t'layor be authori zed to enter into an Agreement numbered 79-6 5, Form Agreement for Major Drainageway Planning of Lower Clear Creek, between Urban Drainage and Flood Control District, City of Wheat Ridge, City of Arvada, Adams County and Wright McLaughlin, and approve Wheat Ridge share of cost of $6,500 to be funded from Account 31-302-800-833, carri ed 6-0 COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS Item 11 A Resolution Establishing a City-Chamber of Commerce Coordination Committee for the purpose of improving communications, under- standing and coordination with respect to matters of mutual concern was introduced by Mr Aiello, numbered 669 and the title read by t~OTION by Mr Aiello for the adoption of Resolution 669, Resolution the Clerk carried 6-0 EXECUTIVE SESSION WAS HELD ADJOURNMENT The meeting adjourned at 9 55 P m ,J / /1 <. . tt",--' d/t. 2v'b~ Caro 1 F Hamp, City Cl er CFH chj , APPROVED