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HomeMy WebLinkAbout07/26/1982 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 26, 1982 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Carol Hampf, City Treasurer, James Malone, City Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads Richard Bredt, Chief Jaquay, and Charles Stromberg, staff, and interested citizens Amended Motion for the approval of the Minutes of July 12, 1982 with the corrected account number (610-623) of the Workmen's Compensation Consultant Original Motion by Mr Merkl, seconded by Mrs Ore, Amendment by Mr Aiello, seconded by Mr Merkl Amendment carried 5 to 3 with Mr Hobbs, Mr Lewis and Mrs Snow voting No Motion as amended carried 6-2 with Mr Lewis and Mr Hobbs voting No CITIZENS' RIGHT TO SPEAK Donald E Lancaster, 4076 Everett Street, requested an addition to the Minutes, regarding the Initiative Petitions Motion by Mr Lewis to make that addition if such is on the tape, seconded by Mr Hobbs, carried 6-2 with Mr Merkl and Mrs Ore voting No Item Application for a new Class G - Hotel & Restaurant Liquor License for REV, Inc , dba Marc's, to be located at 6920 W 38th Ave Joseph M Donaldson, 7330 W 35th Ave, petition taker for the City was present and sworn in and available for questions Those speaking for the granting of the license were Michael D Lucas, 12000 W 52nd Ave, Jolene Cassa, 3545 Fenton, Father Lawrence Solan, 3900 Pierce St , Albert E Zarlengo, Jr , 2946 Parfet Dr , B E Tell, 6505 W 41st Ave ,Shirley Tell, 6505 W 41st Ave, Ray Valente, Sr , 3715 Harlan, and Dennis Mantis, 665U W 38th Ave Motion by Mrs Ore for the approval of the application for a new Class G - Hotel & Restaurant Liquor License for REV, Inc , dba Marc's, to be located at 6920 W 38th Ave , for the following reasons 1 All applications and fees required by Statute have been filed and paid 2 Notice of Hearing and Posting of the premises have been accomplished according to statutory requirements, 3 The applicant will be entitled to occupancy of the premises by virtue of signed contract for sale dated December 30, 1981 4 The corporate officers and directors have been shown by investigation to be of good moral character, 5 The evidence adduced at Public Hearing on July 26, 1982, establishes that the desires of the residents of the neighborhood under consideration are for granting this license as evidenced by petitions bearing 57 signatures in favor of issuance, 48 signatures in opposition, and 19 signatures evidencing no opinion The issuance of this license is consistent with the needs of the neighborhood under consideration Seconded by ~r Aiello, carried 8-0 Item 2 Council Bill 25 - An Ordinance providing for the approval of a rezoning from Residential-Three to Commercial-One with conditions for land located at approximately 6701 W 44th Ave, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-9) (George Leman) Council Bill was introduced on second reading by Mr Davis, title reaj by the Clerk Staff report was given by Mr Gidley Maurice F Fox, Attorney, 4465 Kipling, was present speaking for the applicant Motion by Mr Davis that Council Bill 25 (Ordinance 499) a request for approval of change of zone from R-3 to C-1 at 6701 W 44th Ave be approved for the following reasons and conditions a the proposed zone district CITY COUNCIL MINUTES July 26, 1982 Page -2- would be compatible with adjacent zoning and land uses, b there have been no negative referrals, c the Comprehensive Plan indicates neighborhood commercial, thus there is a consistency with the Comprehensive Plan, d that a six foot high screening fence be erected across the north property line abutting residentially zoned properties Seconded by Mr Lewis, carried 8-0 Item 3 was postponed until later in the meeting when Item 8 is brought up Item 4 Council Bill 21 - An Ordinance amending Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to the parking of semitrailers and trailers Council Bill was introduced on second reading by Mr Aiello, and the title read by the Clerk Janice Thompson, 12290 W 42nd Ave, Wheat Ridge, spoke in favor of the Ordinance and showed photographs of trucks parked in residential neighborhoods and on property not approved for truck parking, when the truck stop is full Motion by Mr Aiello for the adoption of Council Bill 21 (Ordinance 500) with the changes that Mr Hayes noted and to take effect one day after final publication (Those changes are under Section 5 A 16 , second sentence to read "Agricultural Operation means a purpose related to the raising of livestock or the production, harvest, exhibition, marketing, or transportation of agricultural products by a natural person who cultivates plants propogates or nurtures the agricultural products on the property where the trailer or semitrailer would be parked ") Seconded by Mrs Ore, carried 6-2 with Mr Merkl and Mr Lewis voting No, stating that they felt this Ordinance would not accomplish what we wanted to, in that it would be the property owners not the truckers who would be cited Item 5 Application by R J Vermillion for approval of a Final Development Plan for property located at approximately 4801 Tabor Street (Case No WZ-82-1) (Lakemont Center) Mr Gidley gave the staff comments indicating that this is a request for approval of a final development plan for only a portion of the approved preliminary development plan He also introduced into the record a letter from the City of Arvada regarding the 48th Ave alignment Those speaking in favor of the plan were Bob Vermillion, 2800 So University, Denver, the applicant Ed Jennings, 3001 So Jamaica Ct , Aurora, Project Engineer, and Philip Scott, 1615 Downing, Denver, of Lee, Scott and Cleary Traffic Engineers Those speaking in opposition were Tex Junker, 4615 Swadley, Richard Carson, 4610 Tabor, and Floyd Harrison, Jr , of the Mountain Vista Nursing Home, 4700 Tabor, who were concerned about the traffic on Tabor Street Motion by Mr Merkl that case number dZ-82-10, Lakemont Center, a request for approval of a final development plan at approximately 4801 Tabor St , be approved with the following conditions 1 West 49th Ave be paved prior to certificate of occupancy of any structure (to Van Gordon), 2 Lakemont Center shall not be responsible for any construction of West 48th outside their property, however, that portion of Nest 48th Ave lying within their property shall be fully constructed only as the applicant has requested in Stage I and future development to be accomplished in Stage II, seconded by Mr Burt, carried 6-2 with Mr Hobbs and Mr Lewis voting No Motion by Mr Aiello that the City call for the Development Agreement on the property to the west since it is being used for the purpose that they came in and got approval for Those monies then to be refunded to Lakemont, if Lakemont is already finished constructing the road; seconded by Mrs Ore, carried 8-0 Motion by Mr Hobbs to continue with the meeting in its entirety, seconded by Mr Merkl, failed 3-5 with Mr Davis, Mr Burt, Mrs Ore, Mr Lewis, and Mr Aiello voting no Motion by Mr seconded by r~r Aiello to suspend the Rules to go beyond 11 00 pm, Merkl, carried 7-1 with Mr Lewis voting No July 26, 1982 CITY COUNCIL MINUTES Item 6 Page -3- Application by R J Vermillion for approval of a Final Plat for a 9-Lot Subdivision located at approximately 4801 Tabor Street (Case No WS-82-1) (Lakemont Center) Mr Gidley gave the staff report and Mr Vermillion gave his reasons for the subdivision Motion by Mr Hobbs that Case No WS-82-1, a request for a 9-Lot Subdivision at approximately 4801 Tabor Street, be approved for the following reasons 1 Planning Commission and staff recommend approval 2 All planning requirements have been met 3 West 48th Ave Street dedication will allow eventual access through to Ward Road 4 All agency requirements have been met, seconded by Mr Merkl, carried 8-0 Item 7 Council Bill 26 - An Ordinance amending Chapter 12, Motor Vehicles and Traffic, of the Code of Laws of the City of Wheat Ridge by amending Section 12-2 thereof to provide for the creation of Traffic Violations Bureau, and the authorization of said Traffic Violations Bureau to provide for a mail-in system for collection of penalty assessment tickets and authorizing the establishment of a fine schedule Council Bill was introduced on second reading by Mr Burt, title read by the Clerk Motion by Mr Burt for the adoption of Council Bill 26 (Ordinance 501), seconded by Mr Aiello, carried 7-1 with Mr Hobbs voting No, stating that he voted no because with the mail in procedure it would be possible for someone to receive notice from the State Highway Department that their driver's license had been suspended Item 8 Agreements of Purchase and Sale for Wadsworth Town Center Park between the City of Wheat Ridge and 1) Randolph G Currier and Clyde E Currier and 2) 4020 Wadsworth Limited (Postponed from June 28, 1982) Mr Stromberg showed an amended design for the park which would alleviate a problem of parking spaces for Etta's Place Randolph Currier, 7505 W Yale, Denver, and Roger Barsh, 7350 Poppy Way, Golden, both stated that they agreed with the present contract and design Amended Motion that a contract for purchase of land from both parties for park purposes as located, illustrated and described in attached Proposal B be accepted by City Council and executed by the Mayor and City Attorney for a total cost of $160,000 with $10,000 purchase price being allocated to demolition with no other addendum except for the purchase of the water tap from Mr Currier for a cost of $10,000 Original motion by Mr Aiello, seconded by Mrs Ore, amendment by Mr Burt, seconded by Mrs Snow, amendment carried 6-2 with Mr Hobbs and Mr Lewis voting No Motion as amended carried 6-2 with Mr Hobbs and Mr Lewis voting No Item 9 Decision on legal action as to 1) Randy Stone and 2) Colorado Roses cases (postponed from 7/12/82) Motion to postpone the discussion to August 9, 1982, seconded by Mr Aiello, carried 6 in favor, Mr Lewis opposed, and Mr Davis abstaining (Reason given that the bids for removal have not been received by the City as yet) Item 10 Acceptance of deed from E J and E Jean Iacovetta, 11111 W 44th Avenue, for Right-of-Way purposes (Postponed from 6/14/82) Motion by Mrs Ore Iacovetta, 11111 W Mr Merkl, carried for the acceptance of deed from E J and 44th Avenue, for Right-of-Way purposes, 8-0 E Jean seconded by CITY COUNCIL MINUTES July 26, 1982 Page -4.- Item 11 Motion to hold Executive Session under Section 5 7(b) (1) and (3) regarding Lena Gulch Drainage Project Motion by Mr Hobbs to hold an Executive Session under Section 5 7 (b) (1) and (3) regarding the Lena Gulch Drainage Project phases three and four, seconded by Mr Merkl, carried 8-0 ELECTED OFFICIALS MATTERS Motion by Mrs Ore for the City Council and Staff to get together meeting as suggested in Mr Palmer's recent memo, seconded by Mr carried 8-0 in a Merkl, Mr Lewis requested that the building be open by 7 00 on Council Meeting nights Motion by Mr Hobbs that City Council have meetings on every night, seconded by Mr Lewis, failed 3-5 with Mr Davis, Mr Merkl, Mrs Ore, Mr Aiello voting No Monday Burt, Mr Executive Session was held Meeting adjourned at 12 10 a rn c?ac'#,G,;;;r.h& 2 Carol F mpf, Cit ~ CFH, ssa