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Home My WebLink About01/23/1984 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JANUARY 23, 1984 The City Council IJeetinq was called to order by the Ilayor at 7 30 P m Councilmemhers present Tent Levis, Larry rler},l, Ll yde Ie l'ohbs, 110e I eller, Ton" FIasco, l,ancy Snow, Fanoy,,!est, und ran Hilc]e l\lso Fref3ent (it~r Cler}, I'ianda Sanq; lity AdITlinistrutor, rrom Palner City Attorney, John haves Pepartrnent leads Podqer )ounq, rlen Cidlev, staff anc] interester] ci tizeIls lotion L'v I!r Ho)'hs to seconc]"n bv fir (!Jest fill lIP, to rE'arl, "to Carrien n-o arprove t~l1e Iii lutes nf Januarv 9 1984 11rs Sno,,, !lane a correct ion to Item 7, Council tar e pffect irruTlediately after final publication" CITIZErJ~' I~IGliT EO ~PI"Af carol lliH;!pf, 329,,) t iller ~,treet, spoJ<e reqardinq notions beinl !'lade under "ilected Cfficials' 11atters" "he auoted froI:l o,ection L! 3 of Counci 1 J;ules 'The public should be aware of wllat r:lotions are beinc{ made P111LIC !lL1\FHJC;~, M.i1J (LT IlJl\liCl S Gn SLCOlJD hI:l"DIlJG IteITl 1 Application for a new Class License for \illaqe Liquor, D - hetail Liquor Store ')3QS W 38th Avenue r'ennis Pol}, 1 j"t\Ci \Iest Cnlfi1x Fvpnue, f\ttorne'y for applicant, Pauline Johnston, 13li,r Cast Linval Pl , Aurora, the applicant, Curtis L Jol1nE'ton, 131,,0 East Linval Pl , Aurora, llax Scott, P 0 Pox 2302, J,oulder, from Oec1ipus, Inc, and LTar'les rlichael o,ullivan, 1(;00 ~;tout Street, f'enver, all spoke in favor of qranting the liquor license Speakinq in opposition I'lere 1'Jaurice Fo , 114GS I irling ~-,treet, attorney for opponents, Annette Palaze, Georqe Palaze, G07Q ~inq o,treet, West~inster, Pettv LaSasso, l3"lO West 37nd Avenue, Golden, Scott Seaouist, 3'140 \lolf Street, 11azic 0arncll, 287(1 t ewland Street, Don Willis, 37~] Arnes Street, Anqeline and John Tate, f3S0 IJest 3Pth Avenue, Betsy and Peter Zeigler, S3G7 ,Jest 38th I.venue, Elizal1eth FOt2X, G340 \^Iest ~Pth Avenue, I"arv Ann Sano, S['':5 \.lest 37th Place, Louise Cia}u, 373" FentoIl Street Petitions A, r, nnd C wpre pntererl into tlle record I'otion 0Y 11r Hobbs for orantinG a ne,; liGuor license fnr Pauline Johnston, rlba Villaqe liquor, for the follnwinq rei"lsons (1) I,ll applicCitioIls anc1 fees required by statute }lave L'een filed and pair] (2) fTotice of hearing awl postinq of the premises 'have f,een accomr lishec] accorditlg to statutory requirements (3) The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated l'ovember l, l'H'3 (4) "i'he applicant has been shown by investiqation to be of qoorJ moral character (5) The evidence adducecl at Public Hearino OIl January 23, 19P4 estCiblishes that the desires of tl1e resiclents of the neiahborhood under consideration are for qrantinq this license, as evidenced r;y petitions obtained by survey conducted by Sherri l'cl,arry hearinq 48 signatures in favor of issuance, 4q siqnatures in opposition, and 8 CITY COUNCIL MIUUTLS JAIJUARY 23, 1984 PAGE -2- siGnatures evioencinq no opinion; and petitions obtained by survey conducted by Oepious, Inc bearing lql signatures in favor of issuance, 69 siqnatures in opposition, ann AO siqnatures evidencinq no opinion resulting in a total of 23g signatures in favor of issuance, 118 signatures in opposition of issuance, AA siqnatures evidencing no opinion, that issuance of this license is consistent with the needs of the neighborhooo under consideration, (0) there is no school as per state statute within the ~OO feet limit of this application, (7) the council Gives little credibility to the petitions in opposition in as much as they were passed by liquor store owners for their aGent clearly intent on preventing competition, the petition did not offer the signators to sign in favor of application, and (A) the petitions contained siGnatures of persons who appeared not to be residents of the neighborhood as defined seconded by Mr Davis Mr Mer}l stateo he will be voting No because the City survey showed more people against than for the license Carried 7-1 with rlr ~ler}"l voting LJo Item 2 Council Gill 116 - An Ordinance providing for the approval of rin amenoed Outline Development Plan and Combined Pinal Development Plan on property located at approximately 4020 \'ladsworth PI vd , City of ,Jheat Ridge, County of Jefferson, State of Colorado (Case LJo VlZ-83-28) (Randolph & Clyde Currier) Council Bill 116 was introduced on second reading by I1rs Keller, title read by the Clerk t~r Gidley presented Case No HZ-83-22 Randolph Currier, and RodGer parsch, the applicants and co-owners, presented model of PCD and explained the structure Lillian Fleming, 03f3 West 29th Avenue, and Dorothy Thompson, 3014 Chase Street, spoke in opposition r1rs Tllompson read a letter from the Wheat Ridqe Charter Amendment Committee and had it entered into the record t10tion by 11rs Snow that Case l~ HZ-B3-2R (Ranoolph ano Clyde Currier) providinG for the approval of an amended Outline Development Plan and Combined Pinal Development Plan on property located at approximately 4020 Waosworth Blvd, he denied for the following reasons (1) the plan is inconsistent wi th the Comprehensive Plan, and the War1sworth Town Center Ilaster Plan The major qoal of this Master Plan is to establish Time Square one of the major city retail centers and, specifically, to increase the City's Sales tax base Por this purpose the plan has desiGnateo the first 200 feet of this parcel as primary retail, the remainder as secondary retail, the first requiring retail sales on all floors, the second retail sales on the first floor 1~e resirlential condominiums do not meet these criteria (2) A well planned retail commercial building at this location would have good visibility from the connector drive and would encouraqe waly-in retail sales both in this building and the rest of the center (3) l\partments wi thin a shoppillG center with a high traffic count are undesirable and unsafe, particularly with condominium owners crossinG the connector drive to the park (4) The plan viulates the spirit of the Charter amendment limiting density to 21 units per acre by usinq some of the land both for commercial uses and then re-using it to compute residential density (S) Residential condominiums woulo overburden the proposed Town Center Park in Time Square intended for the use of the shoppers CITY COUNCIL l'lHJUTL:S JMJUALl 23, 1984 PAGE: -3- seconded by l'lr \^lest ~lr 11erkl stated he will be voting No on the denial because he doesn't feel Council should be turning the whole development down but should look for some options and if there are concerns they should be addressed now Denial carried 6-2 with Ilr Davis and [,lr Ilerkl voting No ~lotion by Ilr Hobbs to suspend the Council Rules and to qo past 11 00 P m and continue the Aqenda in its entirety; seconded by 11rs Snow; carried 7-1 with 11r Davis votinG 1,0 110tion by rlr llobbs to move up Item 7 [1-0 seconded by rir \~est carried Item 7 Consent AGenda ^ 110tion to approve the Transfer of Ownership for Wadsworth Drug, Inc , located at 7397 West 44th Avenue, a Class E - Drug Store License B Motion to contribute $0,000 to the Arvada Center for Arts and Humanities anu $2,000 to the Denver Symphony, to be charged to account #Ol-610-79Q C /lotion to change the February 0, 1984 Study Session to Pebruary 2l, 1984 and the Ilarch 5, 1984 Study Session to [larch 1 q, 1984 The Pebruary Study Session is being chanGed to allow the vvRIJRA to complete their proposed plans for the Town Center Park The ~1arch Session is beinq changed because of the National League of Cities Congressional Cities Conference on March 2 - 0, lq84 A [lotion by ~lr ~lerkl for approval; seconded by rlr vlilde 8-0 carrieo p l1otion by rlr Hobbs to approve contribution of $f" 000 to Arvada; $2,000 to the Denver Symphony ano $800 to the Wheat Ridge Art Leaque and that the amount over 88,000 be taken from Account Ol-f,07-795 and transferred to Account No 01-610-7QO; seconded hy Ilr l1ervl Speaking in favor of the Denver Symriliony contribution were Ralph Hinst, 10040 W 32nd Ave, Stephen Flein, 1930 Vrameria, and Don Ambler, RI9 Delaware Robert Biddinqer, 3840 Estes, spoke for the \;~eat Ridge Art League I'lotion by ['Ir Ilerkl to increase the contribution for Arvada Center for Arts ano Humanities to $10,000 seconded by ~lrs Keller [Irs Snow stated she would be voting No because she feels the amount is too high ano more should be given to the Denver Symphony Ilr West staterl he will be votinq No because he feels we are trvinq to pay someone back because of the working together with the Arvaoa Water District Vote carried 5-3 with Councilmembers FIasco, Snow, and West voting No Ilotion hy Hr FIasco to increase the contribution to the Denver Symphony from $ ~,OOO to $4,000 seconded by !!rs Snow carried 6-2 VIi th (.Jr liobbs and rlr lIed 1 votinq No Vote on r~otion as amended rarried P-O CI'1'x COIJUCIL 11ItIU,",LS JANUARY 23, 19114 PAGE -4- OLD nUSINI:SS Item 3 A Public hearing concernlnq the City's consideration of making application for Community Development Block Grant (CDnG) funds throuqh the Department of LocaJ Affairs of the State of Colorado--qrant is intenoed to improve the water system and fire fighting capahilities in the area roughly bounded by West 2Gth Avenue to V-lest 29th Avenue, and fro~ Sheridan Blvd to Fenton Street (Continued fro~ 1/g/P4) P Resolution 1173 - approvinG the submission of Grant Applications for a Water System Project to the Colorado Department of Local Affairs, under the Small Cities Proqram of the Community Development Block Grant (CDBG) (Continued from l/9/P4) 'Tom Barnhart gave tne staff report r10tion by ~lr l'lerkl that Resolution 873, which authorizes staff to submit a grant application for a water facility project on hehalf of the Southeast Wheat Ridge Hater Association be approved; seconded by Mrs fnow; carrieo 7-0 with Mr Plasco abstaininG NEW BUSINESS Item 4 ORDIlJANCES alJ FIRST READING Council Bill 120 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Residential-Two-A (R-2A) on property located at 090S-95 ~7est 31st Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-33) (Dennis V Whittington) Counci 1 Rill 120 was introduced on first reading hy r-lrs Keller title read by the Clerk Motion by Mrs Keller that Council Bill 120 he approved on first reaoinq, ordered published, public hearinq be set for Monday, February 27, ]Q04 at 7 30 P m in City Council Chamhers, Municipal Buildinq, and if approveo on second reading, ta}e effect IS days after final puhlication secondecl by I1r Hobbs; carried 8-0 Item 5 Council [ill 121 - An Ordinance providing for the approval of rezoninq from Commercial-One (C-l) to Residential-Three (P-3) on lanrl locateo at g401 West 44th Avenue, City of Wheat Hidge, County of Jefferson, State of Colorado (Case No WZ-A3-34) (Frank GIntz) Council Pill 121 was introduced on first reading by Mrs Snow title rend by the Clerk f10tion by fIrs Snow that Council Bill 12l be approved on first reading, ordered published, puhlic hearing be set for 110nday, February 27, 1984 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on seconrl reading, take effect 15 days after final publication; seconded by t-lr Wilde carried 8-0 CITY COUNCIL MT~IUTES JANUl~RY;23, 1984 "J\.GE -5- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Discussion of 38th Avenue (Everett to Garrison) Drainage Improvement Project Dennis I Spencer, 8461 Brighton Road, spoke against award of bid to second lowest bidder instead of his company, Dennis I Spencer, Inc He felt an injustice had been done to his company Motion by Mr Hobbs to hear the complete presentation by Ilr Spencer and staff; seconded by ~lr FIasco Pailed 5-3 with Councilmembers Hobbs, Plasco, and Merkl voting yes Motion by Mr Davis to meet anrt limit testimony by both sides to one hour on February 6, 1984; seconded by Mr Merkl; Failed 4-4 with Councilmembers FIasco, Hobbs, Snow, and West voting No 110tion by ~lrs Snow to have meeting on January 30, 1984; seconoed by !lr Davis; carried 8-0 t-lotion by Mr Merkl to adjourn; seconded by Mr Davis; Pailed 6-2 with Councilmembers Davis and Merkl votinq Yes Speaking in favor of the 38th Avenue ~rainage Project was William Bowman, 9001 \>'lest 38th Avenue, who gave his reasons for wantinq the project on 38th Avenue due to the flooding in his basement Speaking In opposition were Jerra Oreck, 3790 Holms Street, who spoke for her parents and fears the project will widen 38th Avenue which they are against Louise Turner, 11256 Hest 38th Avenue, who addressed concerns as to what the project is, drainage or street widening project Mr Young presented plans for the project Motion by Mr Plasco that we reject all the bios and that the project be re-bid and re-designed if necessary as a 38th Avenue Drainage Project; seconded by Mrs Snow carried 5-3 with Councilmembers Davis, Hobbs, ano 1'1erkl voting No ~lotion by rlr Davis for adjournment; seconded by ~1r I.Jerkl; Pailed 5-3 wi th Councilrnembers Davis, Hobbs, and ~lerkl voting Yes Item 8 Motion to change the Polling Place in District I, Precinct 2, Highland West Apartments to the ,{heat Ridge Senior Center located at 6363 W 35th Ave Motion by Mrs Snow to change the Polling Place in District I, Precinct 2, Highland West Apartments to the Vfueat Ridge Senior Center located at 6363 West 35th Avenue; secondeo by Mr Wilde Discussion followed Mr Davis called for the question; seconded by Mr Plasco; carried 8-0 Vote on original motion carried 0-1 with Mr Davis voting No 110tion by Mr Davis for adjournment; seconded by Mr Hobbs; carried 7-0 (Nr t-lerkl had left Council Chambers) Meeting adjourned at 1 30 a m I; ,/ {. { {.. / ~ Wanda Sang, , , I i/ Cl ty' -9lery