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HomeMy WebLinkAbout04/25/1983 - 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