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HomeMy WebLinkAbout03/22/1982 March 22, 1982 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO At 7 15 p m the Mayor called the hearing to order on the alleged liquor violation of Colorado Beer Code, Southland Corporation, dba 7-Eleven Store 13497, 5010 Kipling Street Present were Councilmembers Pat Aiello, dill Burt, r,ent Davis, Clyde E Hobbs, Ken Lewis, Larry ~erkl, Kay Ore, and Nancy Snow, City Clerk, Carol Hampf, City Administrator, Torn Palmer, City Attorney, John Hayes, and acting Chief of Police, Howard Jaquay Present and sworn in for the Southland Corporation were Robert Matthews, attorney for Southland, Michael Needham, 6464 Welch, supervisor, Kay Taylor, 11149 I'i Idaho, training supervisor, and Leroy Jones, 6440 Simms, present manager The attorney spoke and called Mr Needham and Ms Taylor, admitted guilt, and gave mitigating circumstances Motion by Mr Merkl that since the 7-Eleven Store, 5010 Kipling Street, has admitted guilt in the sale of beer to a minor, that the City Council of the City of Wheat Ridge suspend the 3 2% Beer License from 12 01 a t11 Apr il 1, 1982 until 12 01 a ill Apr il 4, 1982, seconded by Mr Hobbs, carried 6-2 with Mr Aiello and Mrs Ore voting No The Regular Meeting was called to order at 7 30 p ill by the Mayor All of the above ~f1entioned were still present Also present Department Heads Richard Bredt, Charles Stromberg, and Rodger Young Motion for approval of the Minutes of March 8, seconded by Mr Merkl, carried 7 in favor, Mr he was absent for that meeting 1982 by Mrs Ore, Lewis abstaining, since No one was present to speak under public comment Mayor Stites administered the Oath of Office to newly appointed Boards and Commissions Members who were present at this time PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 11 - An Ordinance requiring submission of a Site Plan, and authorizing specification of uses, within the Wadsworth Town Center as designated in the Wadsworth Town Center Master Plan, and providing a penalty for violation thereof I~otion second voting by Mrs Ore that Council Bill 11 (0rdinance 488) be approved on reading, seconded by Mr Aiello, carried 6 in favor, Mr Lewis No, and Mr Davis abstaining for reasons previously stated Item 2 Application by Donna Dunaway for approval of an Official Site Plan for property located at 3950 Wadsworth Blvd (Case No WSP-82-1) Motion by Mr Merkl that we set a hearing for this on April 12, 1982 and that we continue this case, seconded by Mrs Ore, carried 8-0 Item 3 Council Bill 13 - An Ordinance providing for the approval of a Special Use Permit with conditions in a Commercial-One (C-1) Zone on land located at 4785 Kipling Street, Wheat Ridge, Colorado (Kenneth Frens) (SUP-81-10) Mr Stromberg gave the staff report There was no in opposition Motion by Mr Burt that Council Bill 13 (Ordinance 489), a request by Kenneth Frens for approval of a Special Use Permit to allow the operation of a garage for the repair and servicing of motor vehicles entirely within an enclosed building at 47a~ Kipling Street, be approved for the following reasons 1 Staff recommends approval, 2 Planning Commission recominends approval, and 3 the request is compatible with the surrounding land uses, seconded by Mrs Ore, carried 7-1, with Mr lJavis voting No CITY CUUclCIL MI~UTE3 i'larch 22, 1982 Pase -2- Item 4 Council Bill 14 - An 0rdinance amending the Code of Laws of tne City of Wheat Ridge, Colorado, by repealing and reenactins Section 4-9, exotic, dangerous and unusal animals, and providing a penalty for a violation thereof Council Bill 14 was introduced on second reading by Mr Davis Motion by Mr Davis for tne adoption of Council Eill 14 on second reading, seconded by Mrs Ore June 0uttie, 421:! Aenon, was present and answered questions as to what constitutes domestic or wild animals Moti~n failed 4-4 with Councilf1embers burt, rlobbs, Aiello, and Snow voting No l'Iotion by i1rs Sno\.J that the Animal Control Commis.sion bring this ordinance back to City Council with a list and definitions of exotic and wild ani!l1als and dOlnestic animals, seconded by Mr Hobbs, carried 3-0 Item :J Application by hoy Ferguson for Subdivision on property located Avenue, wheat Ridge, Colorado froiiJ 3/8/32) approval of a two-lot Minor approximately 9':>51 /Jest 33th (Ca.se No MS-BO-2) (Continued Mayor stated that all te.stimony on tlis had been taken at the last meeting and the public hearing closed and are in the stage of Council a.sking que.stion.s 1r Lewis .stated that he had been absent, but had listened to all the tapes alld therefore would vote Haurice Fox, attorney for the applicant, stated that the area of the driveway in question was an easement and that all they would be able to give the City would be what they had, which was an easement not fee title Roy Ferguson, applicant, 2271 S Beech way, LakelJOod, was also pre.sent ana sworn in Motion by Mrs Ore that Case No 13-30-2, request for a two lot minor subdivision, be approved for the following reasons Planning Commission and staff recommend approval and all zoning and subdivision requirements have been met, and conditions that there De placed a recorded restrictive covenant requiring maintenance of the right-of-way, seconded by Mrs Snow, carried 5-3, with Councilmembers Burt, Hobbs, and derkl voting No Item 6 Council Bill 5 - Rehearing on an Ordinance amending Chapter 5, Buildings, Section 5-94 of the Code of Laws of the City of l'iheat Ridge by adding Section ':>-94 01 Public Improvernents required Ordinance was reintroduced on second reading, title read by the Clerk A proposed amendment was read for public information Wayne McKee, 4171 Everett Drive, spoke in favor of the Ordinance He stated he was speaking as a citizens, also as a realtor and representative of the Jefferson County Board of Realtors Those signed up to speak in opposition were Don Lancaster, 4076 Everett Street, Arthur Butler, 762':> w 36th Ave, Marvin Polzin, 3580 Johnson, who withdrew their opposition because of the amendment Dougal Graham, 333U Chase Street, speaking for Area-4 Planning Committee, Harvey Padgett, 3952 Nelson, Louise F Turner, 11250 ~ 38th Ave, Harvey Kolesar, 3737 Garland, spoke in opposition, but expressed approval of the amendment A letter in opposition was received from Gordon Hoeye, 3700 Miller Amended Motion that Council Bill 5 (Ordinance 490) be approved on second reading with the following amendments That in Section 1, paragraph 2, the words "specific impact" be deleted and replaced with "specific adverse effects" and in three places che words "permittee" be deleted and replaced with property owner Paragraph 4 be inserted to read "Notwithstanding any other provision of this section or of the 'lheat ~idge Code of Laws, the installation of curbs, gutters, and sidewalks shall not be required in any district upon construction where less than CITY COUNCIL MI~UTtS "larcn 22, 1982 Page -3- half of the properties on ~he street, extending 500 feet from the lot line of the property in question, on both sides of the fronting street, have in existence, curbs, gutters, and sidewalks In addition, no curbs, gutters, and sidewalks shall De required for a remodeling of an existing building, or an addition to an existing building, wnich adds less than 50 percent of the square footage existing prior to the addition In no event shall the cost of installation of curbs, gutters, and sidewalks exceed 50% of the remodeling or addition to be added Any development agreements existing at the date of enact~ent of this Ordinance shall be reviewed based upon the criterion set forth in this section 5-94 01, and any suc I development agreements which do not meet the criterion set for~h herein Shall be cancelled and released by written recorded document within 30 days of the effective date of this provision Original Motion by Mr Davis, seconded by Mr Burt Amending Motion by Mr Hobbs, seconded by Mr Burt, carried 8-0 Motion as amended carried 3-0 failed Motion by Mrs 3now to add to the first sentence of 3ection 1 after the \vord "permits" the wordin6 "for main buildings or additions which add over 50% to the square footage of an existing building shall be reviewed by the Department of Public Works etc ", seconded by Mr Lewis, failed 2-6 with Councilmembers Davis, Burt, Hobbs, Merkl, Ore, and Aiello voting No DECISIONS, RESOLUTIU~S, AND MOTIONS Item 7 Request for Transfer of Ownersnip, change of Trade Name, Permit to modify premises, for Nero's Nook, to MAN-AMrl, Inc , dba Blind Willies, located at 9110 W 44th Avenue, Aheat Ridge Motion by Mr Davis to approve Transfer of Ownership, Trade Name Change, and mOdification of the premises for Nero's Nook, located at 9110 ~est 44th Avenue, for the applicants MAN-ANM, Inc to do business as Blind Willies, at this location -- President William Albert Manders, 14717 Ellsworth in Golden, Colorado, Vice President Edwin L Herring, Box 1151, evergreen, Colorado, Secretary/Treasurer John E Leininger, 14)25 West 32nd Avenue, Golden, Colorado -- for a Class T, Tavern Liquor License, with extended hours The transfer to be effective March 29, 1982 and that all supporting documents be available to the attorney this week, seconded by Mrs Sno~, carried 8-0 (There had previously been a Civil Action which was dismissed and the appeal period expires on March 27, 1':)82) Item (j Consent Agenda A Resolution 77CJ - in support of the C-470 Statement B Upgrade Electrical Service at Public ~orks Shops C Approve payment for Bike Path at Rancho del Sol uubdivision D Award of bid on 20 Picnic Tables E Award of bid for 3 Police Vehicles and Resolution 779 _ providing for Budget Transfers within the Annual Budget for the purchase of Police Vehicles Request by Mrs Snow to remove Section 8 A Motion by Mr Aiello to approve the Consent Agenda, Items BCD & E , seconded by Mrs Ore, carried 8-0 Motion by Mr Aiello for the adoption of Resolution 778 (Item 8 A ), seconded by Mr Merkl, carried 7-1 with Mrs Snow voting i10 f1AYOR'S MATTlc.K3 Motion by Mr Hobbs to accept the corrective deed from Coldwell Banker for Road purposes, seconded by Mrs Ore, carried 8-0 CITY COUNCIL MINUTE~ 'vlarch 22, 1982 Page -4- ClIt ATTORNEY SMATTERS Mr Hayes stated that the Municipal Attorneys conference April 25, 26, and 27 in ~ashington Anti-Trust Ruling, requested money to attend John Hayes go to Washington D C for NIMLO and his budget, seconded by Mrs Snow, carried 8-0 Organization is having a D C on the recent Motion by Mrs Ore that give him an extra $500 in COUNCILMEMBERS' MATTERS Motion by Mr Hobbs to add to his motion of March 3, that the Air Pollution Jtudy Committee included Mr Barr and Mrs Thompson, seconded by jvlr Burt, carried 8-0 Mr Lewis requested a policy as to holding hearings if the applicants are not present Meeting adjourned at 10 25 P m ./ - 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If/at: r/ J ;-CL~ L-/17 carol F~mpf--;- C1t4' Clerk CFH, ChJ,