HomeMy WebLinkAbout04/25/1983
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CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
APRIL 25, 1983
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, vvanda Sang; City Administrator, Tom Palmer; City Attorney,
John Hayes; Department Head Charles Stromberg staff and interested
citizens
Motion by Mrs Snow to approve the Minutes of April 18, 1983 seconded
by Mr Davis carried 5-2 with Mr Lewis and ~1r Hobbs voting No, Mr
Burt abstaining Mr Hobbs requested that the Minutes of April 11 under
legal description of Ordinance 526 be changed to read "sw corner of ~M
quarter, NW quarter"
CITIZENS' RIGHT TO SPEAK
Mr Joe Iiams, 8690 W 41st Ave voiced his complaints about the recent
storm sewer project on 4lst and Dudley, and retaining wall ~1ayor
stites replied the matter will be corrected
~lr Bill Bowman, 9001 W ,38th Ave , spoke regarding the city originated
drainage problem in front of his home ~layor replied it will be taken
care of
Mrs Phyllis Lancaster, 4076 Everett, wanted to congratulate Bill Cassel
on the Tussock Moth program
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application for a new Class F - Beer and Wine License for Jim
Sano's Italian Restaurant, 4550 Wadsworth Blvd
Jimmy Sannino, applicant, and his legal representative Leo Zuckerman,
were present and sworn in Also present for the applicant were ~lax
Scott, representing oedipus, Inc , whose company had conducted the sur-
vey, and Carol patanoy, 105 S pierce Street, and Keith Richardson, 6415
W 44th Place There was no one present in opposition
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -2-
Motion by Mr Burt to approve the application of Jimmy Sannino for a new
Class F - Beer and Wine license for Jim Sano's Italian Restaurant, 4550
Wadsworth Blvd 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 is entitled to occupancy of the premises
by virtue of a Consent to Assignment of Lease dated March 11, 1983 4)
The applicant has he en shown by investigation to be of good moral char-
acter 5) The evidence adduced at this public hearing on April 25, lq83
establishes that the desires of the residents within the neighborhood
area designated are for granting this license, as evidenced by petitions
bearing 201 signatures in favor of issuance and 20 signatures in opposi-
tion, and that issuance of this license is consistent with the needs of
the neighborhood under consideration; seconded by Mr Hobbs; carried
8-0
Item 2
Council Bill 46 - An Ordinance providing for the approval of an
Official Map Correction allowing for the Official Zoning Map
to indicate Agricultural-One (A-i) on land located at approxi-
mately 465l Oak Street and 4650 Parfet Street, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-82-20) (Franz Russell)
Council Bill 46 was introduced on second reading hy ~1r Burt; title read
by the Clerk Mrs Ore gave the following statement "The property
being discussed tonight is located in the same neighborhood as my resi-
dence I want to advise Council that even though I have heard neighbors
have discussions about this matter, I intend to vote solely on the basis
of statements made and evidence introduced on the record this evening
By doing so, I will have observed proper quasi-judicial procedures I
have consulted with John Hayes, our attorney, on this and he concurred
and wrote my statement for me" There was no objection from Council on
statement
Mr Stromberg gave the staff report Speaking in favor of the map cor-
rection allowing for A-I Zoning and sworn in by the Mayor were Claudia
Worth, 4650 Oak Street, Karen Nelson, 10655 W 47th Ave , LaVonne Agee,
l0775 W 46th Ave, Jane Villio, 460l Miller, Kim Heine, 4600 Miller,
Marilyn Martin, l0615 W 46th Ave , R W ~10rgan, 10665 W 46th Ave ,
Darren Brunke, 4750 Oak Group Exhibits 1 and 2 were entered into the
record Mr Alex S Keller, 950 l7th Street, Denver, representing Franz
Russell, was sworn in by the t1ayor and entered Exhibits A through II into
the record Pat Smith, 10480 W 14th Ave , Lakewood, was called as
witness for opposition Mr Franz Russell, 230 S Monaco Parkway,
Denver, was sworn in by the Mayor and answered Council's questions
Exhibits I through VII were presented by City Clerk as City Evidence
Discussion followed Motion by Mr Burt that Council Bill 46
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -3-
(Ordinance 527) be approved for the following reasons 1) City
Attorney confirms and there is no evidence to contrary that the last
Official Zoning Action on the subject parcel was Ordinance 98 which
zoned the Parcel A-l; 2) a Zoning ~lap, namely Exhibit RN I representing
Ordinance 98 dated 3/2/72 and signed by the Mayor and City Clerk, shows
A-l Zoning on subject site seconded by t1r Hobbs; carried 7-1 with tlr
Aiello voting No
Item 3
Council Bill 51 - An Ordinance providing for the approval of
Rezoning from Agricultural-One and Restricted Commercial to
Commercial-One for land located at approximately 11680 West
44th Avenue, vfueat Ridge, County of Jefferson, State of Colo-
rado
(Case No WZ-82-17) (Warren Johnson)
Council Bill 51 was introduced on second reading by Mr Davis title
read by the Clerk t1r Stromberg gave the staff report Applicants
Warren Johnson and Kay Johnson were sworn in by the Mayor Mr Johnson
answered Council's questions Discussion followed Motion by Mr Davis
that Council Bill 51 (Ordinance 528) be adopted on second reading, that
Case No WZ-82-17, a request to approve a change of zone from R-C and
A-l to C-l on property located at approximately 11680 West 44th Avenue
be approved for the following reasons 1 Planning commission recom-
mends approval; 2 The business is presently there and heing used and
the Planning Commission has heard testimony from Mr Johnson that he
does not intend to change the type of business, that he just wants C-l
so that he can rent it out for some retail stores 3 The surrounding
land use to the west is C-I; carried 7-1 with Mrs Snow voting l~, stat-
ing she is voting No and wants the record to show her reasons 1 C-l
is not in conformance with the Comprehensive Plan and she believes the
changes in the Comprehensive Plan in some sort of Commercial may be
proper in this area, straight C-l without buffers or site plan is not
compatible with the surrounding zoning and land uses
Item 4
Application by Gemini Restaurant for approval of an Official
Site Plan related to a Building Permit as required by the
Wheat Ridge Comprehensive Plan -Wadsworth Town Center t1aster
Plan, and by the adopted Wheat Ridge Urban Renewal Plan for
the Wadsworth Town Center Limited Project
(Case No WSP-83-1)
Mr Stromberg gave the staff report Motion by ~lrs Ore that Case Num-
ber WSP-83-1, a request for approval of a site plan for the Gemini Res-
taurant, located at 4300 Wadsworth Blvd , be accepted and approved for
the following reasons A There is compliance to the Wadsworth Town
Center Mater Plan, Urban Renewal Plan, and zoning ordinance B Staff
recommenc1s approval seconded by ~1r Hobbs carried 7-1 with t1rs Snow
voting No
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -4-
ORDINANCES ON FIRST READING
Item 5
Council Bill 61 - An Ordinance amending Ordinance 505, Series
of 1982, which provides for the issuance and sale of City of
Wheat Ridge, Colorado, Industrial Development Revenue Bonds
(Ridge Village Shopping Center Project) Series of 1982
Council Bill 61 was introduced on first reading by Mr Aiello title
read by the Clerk Motion by Mr Aiello that Council Bill 61 be
approved on first reading, ordered published, public hearing be
set for Monday, May 9, 1983, 7 30 pm, in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 1 day
after final publication; seconded by Mrs Ore; t.lr Lewis requested that
an address be listed for the property on second reading Mr Aiello
made that a part of his motion; vote carried 6-2 with Mr Lewis and ~lr
Hobbs voting No
Item 6
Council Bill 62 - An Ordinance amending Section 21 of Appendix
A, Planned Industrial District, of the Code of Laws of the
City of Wheat Ridge, Colorado, relating to requiring Special
Use Permits for Commercial Dispensing of Liquified Petroleum
Gases (LPG)
Council Bill 62 was introduced on first reading by Mr Davis title read
by the Clerk Motion by Mr Davis that Council Bill 62 be approved on
first reading, ordered published, public hearing be set for Monday, May
23, 1983, 7 30 pm, in City Council Chambers, t.lunicipal Building, and
if approved on second reading, take effect 1 day after final publica-
tion Motion died for lack of a second
Item 7
Council Bill 63 - An Ordinance providing for the approval of
Rezoning from Residential-Two (R-2) and Agricultural-One (A-l)
to Planned Residential Development (PRD) and approval of a
Combined Outline and Final Development Plan and Plat on land
located at approximately 5001 Garrison Street, City of Wheat
Ridge, County of Jefferson, State of Colorado
Council Bill 63 was introduced on first reading by Mrs Ore; title read
by the Clerk Motion by ~]rs Ore that Council Bill 63 be approved on
first reading, ordered published, public hearing be set for Monday,
May 9, 1983, 7 30 pm, in City Council Chambers, Municipal Building
and, if approved on second reading, take effect 1 day after final publi-
cation seconded by Mr Merkl carried 8-0
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -5-
Item 8
Consent Agenda
A Award of Bid for a pumping station and detention pond at
,vneat Ridge Park
B Application for a Special Events Permit for Sons of Italy
C Transfer of Ownership for Valentino's Restaurant, 10080 W
44th Ave
Motion by Mr Burt to approve the Consent Agenda in its entirety, in-
cluding Item B , an application for a Special Events Permit for Sons of
Italy, to be awarded based upon prior evidence of their conformance to
the law and good moral character; seconded by Mr Merkl; carried 8-0
~lotion by ~lr
onded by Mrs
Merkl to suspend the rules and go past II 00 pm; sec-
Ore; carried 7-l with Mr Davis voting No
CITY ATTORNEY' S ~1ATTERS
~lr Hayes commended Council on Russell Case; gave a list of ordinances,
and wanted Council's direction on what should take priority; and spoke
on memo regarding the hearing on Kelly condemnation matter
~10tion by Mrs Ore to stop any further phases of Lena Gulch, reallocate
the money to other drainage projects in the City, until such time a
meeting can be held between Council and the rest of the property owners
on Lena Gulch, and the cost amount and compromise can be worked out that
will allow us to continue the project at an affordable price; seconded
by Mr Merkl Discussion followed Motion by Mr Aiello to amend the
motion to continue with Phase III, but before the commencement on any
appraisals on Phase IV, to have a meeting with the people in the af-
fected area If 100 percent of value is paid, City takes the property
not easement; seconded by Mr Burt; Failed 3-4 with Councilmembers
Davis, Lewis, Hobbs, and Merkl voting No, Mrs Snow abstaining*
Motion by ~lr Hobbs to amend the original motion to continue through
Schedule III and a meeting be held within 60 days from today and review
the cost; seconded by ~1r Burt Mrs Ore accepted the amendment as part
of her motion; carried 4-3 with Councilmembers Davis, Lewis, and Merkl
voting No; Mrs Snow abstaining*
Mr Hayes stated he needs to know whether we can take whatever actions
are appropriate to accept the offer of Mrs Kelly to accept the deed in
lie!1 of taking easement and to provide a return easement that she can
use the property for density transfer Motion by Mr Aiello to take the
title in fee seconded by Mr Hobbs; discussion; call for the question
by Mr Aiello; seconded by Mrs Ore; carried 7-0 with Mrs Snow abstain-
ing; vote on the original question carried 6-1 with Mr Davis voting No,
Mrs Snow abstaining*
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -6-
Motion by Mr Aiello that John Hayes come back to Council with informa-
tion as to how far he can go with negotiating with the people Within
the parameter of what we suggested we could get the price to what was
originally discussed in Executive Session; seconded by Mr Burt; Failed
5-2 with Mr Aiello and ~1r Burt voting Yes; Mrs Snow abstaining*
*The reason for Mrs Snow's abstentions on previous matter was that she
is a property owner in the subject area
ELECTED OFFICIALS MATTERS
~1r Lewis questioned why ~1r Sano did not use City for surveying his
liquor license City Clerk replied that when Council decided to provide
surveyor, Mr Sano had already hired his surveyor from outside Mr
Lewis further questioned the I-mile radius The answer was that City
Clerk felt Mrs Greene, who does the boundaries for surveying, had done
a i-mile radius His other concern was that 41st & Harlan Orqanization
(he doesn't know what) is using a house in the area for something Board
of Adjustment did not authorize use for Also, 46th & Wadsworth ~1r
Morse, 6500 W 45th Place, street has been dug up since last October
He told them they were first on the agenda to have street paved Today
they went out and dug a hole 8x8x3, which immediately filled with water
Item 9
1983 Reconstruction Program - Plan A - 44th Avenue
Motion by Mr Aiello to reconsider and amend the plan to show that the
sidewalk is separated by thp same amount staying within the 60';
seconded by Mrs Ore; carried 8-0
Motion by Mr Aiello to accept the Auditor's Report seconded by Mr
Merkl; carried 8-0
Mr Aiello requested Mr Palmer to forward to the State Affairs
Committee the results of motion to support the Anti Trust Immunity on
land use and zoning
Mrs Ore reminded Council of Jeffco Government Meeting on 4/26/83 Also
discussed problems concerning Rescue 6 in her district She called
Chief Willis, who has not returned her call She asked Mr Palmer if
Chief willis has written policy concerning use of Rescue 6 for transport
purposes only in the City of Wheat Ridge
~10tion by ~lr Burt for adjournment seconded by ~lr Merkl
carried 8-0
Meeting adjourned at 12 15 a m
Wanda Sang, City Clerk
CITY COUNCIL MINUTES
APRIL 25, 1983
Page -6-
Motion by Mr Aiello that John Hayes come back to Council with informa-
tion as to how far he can go with negotiating with the people Within
the B~tt~~ of what we suggested we could get the price to what was
originally discussed in Executive Sessionz! seconded by Mr Burt; Failed
5-2 with Mr Aiello and Mr Burt voting ~oF~rs Snow abstaining*
*The reason for Mrs Snow's abstentions oh previous matter was that she
is a property owner in the subject area
ELECTED OFFICIALS MATTERS
Mr Lewis questioned why Mr Sano did not use City for surveYlng his
liquor license City Clerk replied that when Council decided to provide
surveyor, Mr Sano had already hired his surveyor from outside Mr
Lewis further questioned the i-mile radius The answer was that City
Clerk felt Mrs Greene, who does the boundaries for surveying, had done
a i-mile radius His other concern was that 41st & Harlan organization
(he doesn't know what) is using a house in the area for something Board
of Adjustment did not authorize use for Also, 46th & Wadsworth Mr
Morse, 6500 W 45th Place, street has been dug up since last October
He told them they were first on the agenda to have street paved Today
they went out and dug a hole 8x8x3, which immediately filled with water
Item 9
1983 Reconstruction Program - Plan A - 44th Avenue
Motion by Mr Aiello to reconsider and amend the plan to show that the
sidewalk is separated by the same amount staying within the 60';
seconded by Mrs Ore; carried 8-0
Motion by Mr Aiello to accept the Auditor's Report; seconded by Mr
Merkl; carried 8-0
Mr Aiello requested Mr Palmer to forward to the state Affairs
Committee the results of motion to support the Anti Trust Immunity on
land use and zoning
Mrs Ore reminded Council of Jeffco Government Meeting on 4/26/83 Also
discussed problems concerning Rescue 6 in her district She called
Chief Willis, who has not returned her call She asked Mr Palmer if
Chief willis has written policy concerning use of Rescue 6 for transport
purposes only in the City of Wheat Ridge
Motion by Mr Burt for adjournment; seconded by Mr Merkl; carried 8-0
Meeting adjourned at 12 15 a m