HomeMy WebLinkAbout07/23/1984
CITY COUNCIL MINUTES
CITY OP WHEAT RIDGE, COLORADO
July 23, 1984
The City Council Meeting was called to order by the Mayor at 7 30 P m
COUllcilmembers present Kent Davis, Clyde E Hobbs, Moe Keller, Tony
Plasco, Nancy Snow, Randy West, and Dan Wilde Larry Merkl was absent
Also present Deputy City Clerk, Christa Jones; City Administrator, Tom
Palmer; City Attorney, John Hayes; Public Works Director, Rodger Young;
Director of Co~nunity Development, Charles Stromberg; Director of Parks,
Richard Dredt; and interested citizens
~lotion by ~lr
by Mr Hobbs;
Wilde for approval of Minutes of July 9,
carried 7-0
1984
seconded
PROCLM1ATIONS OR CEREMONIES
Presentation of Resolution 900 to Marty Smith for his heroic action
during the June 13, 1984 destructive hail storm
Resolution 900 was introduced by ~lr Davis; title read by the Clerk;
Resolution was adopted 7-0 Mayor Stites presented Resolution to Mr
~larty Smith
CITIZENS' RIGHTS TO SPEAK
Morris Lubow, 1775 Sherman Street, attorney for Terry O's Inc ,
requested a reconsideration or rehearing on their application for a
Tavern Liquor License and referred to his and his client's previously
submitted letters
Patty Heichel, 875 W Berry Ave, applicant for Terry o's, stated that
she had driven by the Swiss Society and that there was a sign posted "No
Trespassing, Private Property"
Janice Thompson, 12290 W 42nd Avenue, spoke against changing the Truck
Parking Ordinance and asked Council to drop the moratorium; expressed
her concerns about trucks in residential streets and vfueat Ridge
becoming a Diesel haven; showed picture and slide of a large truck
turninq on a residential street
Kay Ore, 10565 W 46th Avenue, requested to be allowed to speak on Item
5 in support of Mrs Snow's memo
Tony DiCroce, 4265 Everett Street, expressed concern that this year's
prices for curb, gutter, and sidewalk had doubled from last year and
asked Council to look into it Mr Palmer will contact Mr DiCroce
CITY COUNCIL MINUTES
July 23, 1984
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application for a new Class T - Tavern License, with extended
hours for Pamily Pun Center, Inc located at 5250 West 38th
Avenue
Gerald Archer, 58 Curtis Court, Broomfield, applicant, was sworn in by
the Mayor and explained his reasons for wanting to change his license
and answered City Attorney's questions NeIls Swiers, City Surveyor,
was sworn in by the Mayor Motion by Mrs Snow that the application for
a new Class T - Tavern Liquor License with Extended hours at 5250 West
38th Avenue be approved 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 has leased since
1976; (4) The Corporate Officers & Directors have been shown by
investigation to be of good moral character; (5) The evidence adduced at
the Public Hearing on July 23, 1984 established that the desires of the
residents of the neighborhood under consideration are for granting this
license, as evidenced by petitions bearing 18 signatures in favor of
issuance, 6 signatures in opposition, which are lawfully considered
acceptable by the Colorado Liquor Code, 27 signatures evidencing no
opinion and that issuance of this license is consistent with the needs
of the neighborhood under consideration; seconded by ~lrs Keller;
carried 7-0
Item 2
Application for change of location for Los Huertas Restaurant &
Lounge from 4234 ~'ladsworth Blvd to 3980 h'adsworth Blvd, a
Class G - Hotel & Restaurant Liquor License; the ownership to
consist of Angela and Tony Huerta
Angela and Tony Huerta, 8330 Ralph Lane, applicants, were sworn in by
the Mayor and explained their reasons for wanting to move their
restaurant Mr Davis asked to abstain from voting on this matter since
he has an interest in the location the business was moving to Motion
by Mr West to approve the change of location for Los Huertas Restaurant
& Lounge from 4234 Wadsworth Blvd, to 3980 Wadsworth Blvd, Union #7,
Wheat Ridge, a Class G - Hotel & Restaurant Liquor License the
ownership to consist of Angela and Tony Huerta; seconded by rlr Wilde;
carried 6-0 with Mr Davis abstaining
Item 3
Application by the Chamber of Commerce for a Special Events
Permit to dispense 3 2% beer at the Wheat Ridge pestival, 7095
W 38th Avenue and onto the street, on August 16 from 12 00
noon to midnight, August l7 from l2 00 noon to midnight, and
August 18 from 8 00 a m to midnight
Motion by Mr Hobbs to approve the Special Events Permit for the sale of
3 2% beer by the VJheat Ridge Chamber of Commerce at the Wheat Ridge
Festival at 7095 W 38th Avenue, and onto the street, on August 16 and
August 17 between the hours of l2 00 noon and midnight and on August l8
from 8 00 a m to midnight; seconded by Mr Davis; carried 7-0
CITY COUNCIL MINUTES
July 23, 1984
Page -3-
Item 4
Council Bill ll7 on second reading - An Ordinance repealing and
reenacting Section 28 A 16 of the Code of Laws of the City of
Wheat Ridge relating to the definition of the term "Home
Occupations", and also revising various other sections of the
Zoning Ordinance relating to "Home Occupations" as a permitted
use
Council Bill 117 was introduced on second reading by Mr West; title
read by the Clerk Mr Stromberg brought two items to Council's
attention Under Section 1 , paragraph 4 he asked that the sign size
be changed to four (4) square feet instead of two (2); and under Section
2, paragraph II the word "or" be changed to "of" ~1rs Snow requested
that Hr Strombery read the Section of the law that stated what "Home
Occupation" is at this time Albert Perry, 3645 ~1iller Street, was
sworn in by the Mayor and spoke in favor of business within a home
Shirley Heighton, 6160 W 35th Avenue, asked that under Section 1,
paragraph lO b "dog grooming" be added Perry Wykoff, 7460 ,\7 34th
Ave , spoke against the Ordinance as it presently reads and requested
numerous changes and expressed his concern that home occupations will be
in competition with business Gilbert CLang, 8065 W 46th Circle,
reiterated Mrs Heighton's statements Mary Auten, 4595 Balsam,
referred to her letter to Council, in which she asked that under Section
1, paragraph 7 be deleted from the Ordinance Motion by ~lrs Snow that
Council Bill 117 (Ordinance 577) be adopted on second reading and take
effect 15 days after final publication; seconded by Mr West Motion by
Mrs Snow to amend the Ordinance that Section 1, paragraph 7, be changed
to read" a maximum area of 100 square feet"; seconded by ~lr West;
carried 7-0 Motion by Mrs Snow that under Section l, paragraph 11 be
deleted; seconded by Mrs Keller; carried 7-0 Motion by Mrs Snow that
under Section 2, paragraph 10, be added "f. sales of plants and produce
grown on the premises"; and in Section 1, paragraph 1 after the words
entirely within a dwelling or accessory structure, add "except for
sales of plants and produce grown on the premises" and under paragraph
8 after the words shall there be any visible evidence, from any
property line, except by approved signs, of operating a home occupation,
add the words "except for sales of plants and produce grown on the
premises"; seconded by Mr Davis; carried 7-0 Motion by Mr Davis that
under Section 1, paragraph 10 b the word "grooming" be added to the
sentence; seconded by l'lrs Snow; carried 7-0 ~jotion by ~lrs Keller
that under Section 1, paragraph 4 the sign remain two (2) square feet,
not withstanding any other sign codes already established in the City of
Wheat Ridge; seconded by Mr Plasco; carried 6-1 with Mr West voting
No Original Motion as amended carried 7-0
CITY COUNCIL MINUTES
July 23, 1984
Page -4-
ORDINANCES ON PIRST READING
Item 5
Council Bill 136 on first reading - An Ordinance providing for
health and life insurance policies to be offered by the City of
Wheat Ridge as part of their benefit package to employees to be
made available to all individuals who have served the City of
Wheat Ridge as an Elected Official, or who completed the
unexpired term of an Elected Official, from the date of the
City's incorporation througll the present, providing said former
Elected Officials pay all premiums for said policies
Council Bill 136 was introduced on first reading by Mr Hobbs; title
read by the Clerk t>lotion by ~lr Hobbs that Council Bill l36 be
approved on first reading, ordered published, public hearing be set for
110nday, August 13, 1984 at 7 30 P m in City Council Chambers, Municipal
Building, and if approved on second reading, take effect 15 days after
final publication; seconded by tlr Davis ~lotion by ~1r Hobbs that
Section 1 be changed to read provided, however, specifically that
any former or present elected official as herein defined who is not
presently covered by said policies and who wishes to acquire
seconded by Mrs Keller Mr Hobbs then restated his amendment to say
that the City Clerk and the City Treasurer have their insurances paid
like they are presently participating and not affect their present
status if they are in fact paid for by the City at the present time;
(verbatim motion) second accepted; carried 7-0 Motion by Mr Hobbs that
Section 2 be altered to ask the City Administrator to go out and
obtain alternate bids to take in the elected officials or previous
elected officials; seconded by ~1rs Keller; after discussion it was also
included in the motion and accepted by the second that under Section 2,
everything after" requested by the City of Wheat Ridge", be deleted
from the paragraph; carried 7-0 Original Motion as amended carried
7-0
Item 6
Council Bill 137 on first reading - An Ordinance amending
Section 27 1 Off-Street Parking Requirements by adding Section
27 1 (A)(l9)(c)(10) providing for the granting of exemptions by
the Wheat Ridge City Council from the prohibitions of said
Sections upon the fulfillment of certain criterion by
applicants, and providing penalties for violation thereof
Council Bill 137 was introduced on first reading by ~lr Davis; title
read by the Clerk Motion by Mr Davis that Council Bill 137 be
approved on first reading, ordered published, public hearing be set for
Monday, August 13, 1984 at 7 30 P m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect l5 days after
final publication; seconded by Mr Plasco; Motion by Mrs Keller that
under Section 1 paragraph (e) "Any exemption or permit granted hereby
shall require the affirmative vote of three-fourtns of the entire City
Council to be effective" be added "and shall remain in effect only so
long as the person to whom the permit is granted owns or rents the
property and shall not be transferable"; seconded by Mr Hobbs; carried
7-0 Motion by ~lrs Snow that under Section 1, paragraph (c) after the
first sentence be added "and without violating any traffic laws'"
seconded by Mr West
CITY COUNCIL MINUTES
July 23, 1984
Page -5-
Failed 4-3 with Councilmembers Davis, Keller, Plasco, and Hobbs voting
No ~lotion by ~lrs Snow that under Section 1 , paragraph (e) "Any
exemption or permit granted hereby" be added "shall be effective for 1
year"; seconded by Mrs Keller; carried 6-1 with Mr FIasco voting No
Original Motion as amended Pailed 5-2 with Mr Davis and Mr Plasco
voting yes Motion by /-lrs Snow to rescind the moratorium on the
Parking Ordinance; seconded by Mr Wilde; carried 6-l with Mr Hobbs
voting No
Item 7
Council Bill 138 on first reading - An Ordinance providing for
the approval of rezoning from Residential-Three (R-3) to
Residential-One C (R-IC), on properties located at the
following addresses
3850, 3860, 3900, 3950, 3845, 3855 Kendall street; 3900, 3920,
3930, 3940, 3950, 3945, 3885, 3895, 3915, 3935, 3955 Lamar
Street; 3860, 3890, 3930, 3960, 3970, 3855, 3925 Marshall
Street; 3850, 3870, 3890 Newland Street; and 3990 Jay Street,
City of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-8)
Council Bill l38 was introduced on first reading by Mr Wilde; title
read by the Clerk Motion by Mr Wilde that Council Bill 138 be
approved on first reading, ordered published, public hearing be set for
Monday, August 13, 1984 at 7 30 p m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect 15 days after
final publication; seconded by Mr Plasco; carried 7-0
Item 8
DECISIONS, RESOLUTIONS, AND MOTIONS
Resolution 901 - approving as an Intergovernmental Agreement
and Agreement dated May 21, 1984, between the Recreational
Storage and Land Syndicate, a Colorado Partnership, the City of
Arvada and the City of Wheat Ridge relating to the respective
duties of the parties in development of an area in the general
location of West 48th Avenue between Tabor Street and Ward Road
within the City of Wheat Ridge, and authorizing the Mayor to
sign said dgreement
Resolution 901 was introduced by 11r Davis; title read by the Clerk
Motion by Mr Davis for the adoption of Resolution 901; seconded by Mrs
Keller; carried 7-0
Item 9
Resolution 902 - amending the City Budget for the Piscal Year
1984 Resolution amends the 1984 budget in the Capital
Improvement Pund by adding carryover funds from the previous
year
Resolution 902 was introduced by Mr West
Resolution 902 be adopted amending the 1984
I1rs Snow; carried 7-0
Motion by Mr West that
Annual Budget; seconded by
CITY COUNCIL MINUTES
July 23, 1984
Page -6-
Item 10 Motion by Nr Hobbs to award the Chip Seal Program to A-l
Paving in the amount of their bid of $0 776 per square yard, with the
total contract not to exceed the $100,000 budgeted for the program and
charge it to Account No 31-303-840; seconded by Mr Davis; Mr FIasco
asked how many bids had gone out for this item Mr Young replied he
did not know how many bids had gone out, but that only one bid had been
received; and that the bid had gone up approximately 3 cents per square
yard over last year's bid Mr West also expressed his concerns about
receiving only one bid Motion carried 7-0
Item 11 Motion regarding Mass Rezoning Request by residents of Benton
Street between 3370 and 3570
Motion by ~lrs Snow that the petition submitted by residents of Benton
Street between 3370 and 3570 be accepted as an aprlication for rezoning
from R-3 to R-IC, and that all rezoning fees be waived; seconded by Mr
Wilde carried 7-0
Item 12 Motion by Dan Wilde to reconsider Resolution 884 regarding the
purchase of the Rock/Gillhouse
Motion by Nr Wilde to reconsider Resolution 884 - Authorizing the
Jefferson County Open Space Officials to purchase the property and water
rights for Open Space purposes the parcel of land referred to as the
Rock/Gillhouse located at 4300 Tabor Street in Wheat Ridge subject to
final approval of the purchase price by the City of Wheat Ridge;
seconded by Mrs Snow; carried 4-3 with Councilmembers Davis, FIasco,
and Hobbs voting No
Two people were signed up to speak under this item Mr Davis objected
to further public testimony, stating that public testimony had been
heard previously on the this case and the case had been discussed in
detail on several previous occasions Mayor Stites agreed and stated
that this was merely a reconsideration and a motion was in order
Nr Wilde stated that since the last meeting he had been informed that
the Byerle property had been sold and the City would not be able to
purchase it He further learned that there was enough money available
to have purchased the Byerle and Rock/Gillhouse properties, he therefore
moved to authorize Jefferson County Open Space Officials to purchase the
property and water rights for Open Space purposes the parcel of land
referred to as the Rock/Gillhouse located at 4300 Tabor Street in Wheat
Eidge subject to final approval of the purchase price by the City of
Wheat Ridge; Resolution 884 be adopted; the following conditions be
added that in the event extraction of the gravel is approved the
remaining excavation must be refilled and restored with a minimum amount
of landscaping, such as grass seconded by Mr West carried 4-3 with
Councilmembers Davis, Plasco, and Hobbs voting No
Item 13 Motion by ~lr Davis that Traffic Systems, Inc be awarded the
annual Traffic Signal Maintenance Contract under Alternate A and the
monthly charge be taken from Account Ol-302-704 seconded by Mrs
Keller Mr FIasco stated he will be voting No on this and other items
where the City only receives one bid Mr West reiterated his concerns
about receiving only one bid Mr Wilde requested that Council be
informed how many bids are being sent out Motion carried 6-1 with Mr
FIasco voting No
CITY COUNCIL MINUTE~
July 23, 1984
Page -7-
Item 14 Motion by ~1rs Keller to include Gary Winton of the Valley
Water District on the August 6, 1984 Study Session He would like to
inform Council on what he has spent on upgrading 44th Avenue; some
other future projects he has in mind for District IV; the problems
a part of District IV is going to face with Arvada over some water
rights secondeu by Mrs Snow; carried 7-0
CITY ATTORNEY'S MATTERS
Mr Hayes stated that if Council wished to make a motion for
reconsideration on the liquor application for Terry O's, the appropriate
time would be under "Elected Officials' Matters"
He further stated that staff would be checking on an item Mr Wilde had
brought to his attention regarding an advertised facility on Teller
Street handling outpatient services and residential treatment as well
ELECTED OFPICIALS' MATTERS
11r Davis had requested information from staff re an automobile storage
lot at 38th & Eaton The information was due July 2 and he had heard
nothing further Mr Hayes will look into this matter
Mrs Keller stated that the Community Development Committee had held a
meeting last Thursday and had passed a Resolution for a motion which
states "The ~"heat Ridge City Arborist, Bill Cassel, working with the
City Arborist Board, develop a landscaping Master Plan for all
city-owned property (ROWand parks) The committee further requests
that the Arborist Board meet within 30 days and establish a regular
evening meeting time and elect a chairman" This passed 4-0 Mrs
Keller asked Council's consensus to go ahead with this plan; Mrs Snow
seconded; carried 7-0
Mrs Snow asked ~1r Hayes what constitutes legal reasons for opposlng a
liquor license
Mr Wilde questioned the legality of the operation of an automobile
restoration businesses on Lamar Street that was housed in the same
building that was previously occupied by a body shop that had been
forced to move ~layor Stites and John Hayes explained that the body
shop had been in violation of various City Ordinances, had sought a
variance, and the owner had agreed to relocate his business They had no
knowledge of the restoration business currently operating there
Motion by Mr Wilde to adjourn; seconded by ~1r West; carried 7-0
l1eeting adjourned at 10 20 P m