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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