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Home My WebLink About08/27/1984 Minutes for LIQUOR HEARING on VILLAGE LIQUORS 5395 West 38th Avenue August 27, 1984 6 00 P m The Meeting of the Wheat Ridge Liquor Licensing Authority was called to order by Mayor Stites at 6 00 P m Present were Councilmembers Kent Davis, Larry Merkl, Moe Keller, Tony FIasco, Nancy Snow, Randy West, Dan Wilde, and City Clerk, Wanda Sang Clyde E Hobbs was absent Also present and sworn in by the Mayor were Pauline and Curtis Johnston, 13186 E Linvale Place, Aurora, owners of Village Liquors; Steven Berkowitz, Wheat Ridge Police Officer; Detective Dave Suter, Wheat Ridge Police Stephen M Greer, 7982 Zuni Street, Minor; and Anna Marie LaCombe, 3157 Elliot, employee of Village Liquors Detective Suter questioned Officer Berkowitz, who had cited Village Liquors, and Stephen Greer and Anna Marie LaCombe Stephen Greer admitted he bought the beer and wine, had no I D on him and had not been asked for any Pauline Johnston stated she had been told by Anna Marie LaCombe that she had previously checked the customer's I D and didn't feel a need to ask for it again Anna Marie LaCombe stated that Mr Greer had shown her his I D before Council asked questions of all witnesses Motion by Mrs Snow that the Liquor License of Village Liquors be suspended for 48 hours, from Priday, August 31, 1984, 12 00 Noon, through 12 00 Noon, Sunday, September 2, 1984 because of the following findings 1 Village Liquors did sell 1 case of Michelob and 4 bottles of wine to a person under the age of 21 years of age without requiring any identification from that person; seconded by Mrs Keller; carried 7-0 Minutes for LIQUOR HEARING on WATER HOLE #2 SALOON 4990 Ward Road August 27, 1984 6 00 P m The l1eeting of the Hheat Ridge Liquor Licensing Authority was called to order by Mayor stites at 6 00 P m Those present were Councilmembers Kent Davis, Larry ~1erkl, Moe Keller, Tony Plasco, Nancy Snow, Randy West, Dan Wilde, and City Clerk, Wanda Sang Clyde E Hobbs was absent Also present and sworn in by the Mayor were Dannette I Walker, 4990 Ward Road, owner of Water Hole #2 Saloon, David W Piermattei, Wheat Ridge Police Officer; Detective Dave Suter, Wheat Ridge Police; Cheryl Ann Smith, 4990 Ward Road, employee of Water Hole #2; Theresa and Michael Wishon, 4575 Everette, Westminster, and Francis Campbell, 6403 Quail Street, witnesses Detective Suter questioned Officer Piermattei, who had cited Water Hole #2, and gave brief testimony on observing people drinking at the bar after hours (12 01 a m on Monday morning) Dannette Walker stated that her employee, Sherry Smith, told her that the glasses and beer bottle were behind the counter and Smith was stocking the beer cooler and had neglected to remove the bottle from the bar Sherry Smith stated she did not serve any liquor, and the beer bottle was on the cooler behind the bar and was overlooked Mr Campbell testified there was only one beer drinker and the rest were drinking mixed drinks in glasses Mike Wishon stated the bartender did give last call at the right time Motion by Mr Merkl to retire to the back room to consider findings of fact; seconded by Mr West Consumption was allowed after 12 Ol a m on 8/13/84; testimony of the officer was most credible; testimony offered on issue of consumption at 12 01 a m on 8/l3/84 and therefore, Mr Merkl moved to suspend license for 72 hours from 8 00 a m Saturday, September l, 1984 through Tuesday, September 4, 1984, 8 00 a m seconded by Mr Wilde; carried 7-0 Motion by Mrs Snow for adjournment of Liquor Hearings; seconded by Mrs Keller; carried 7-0 (\ . t'l----11.--.>{--e../ <- Wanda Sang, City CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 27, 1984 The City council Meeting was called to order by the Mayor at 7 30 P m Councilmernbers present Kent Davis, Larry ~lerkl, Moe Keller, Tony Plasco, Randy West, and Dan Wilde Nancy Snow arrived at 7 31 pm; Clyde E Hobbs arrived at 7 36 P m Also present City Clerk, Wanda . Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Publlc Works Director, Rodger Young; City Engineer, Ric /linetor Chief of Planning, Glen Gidley; staff and interested citizens /lotion by 11r Merkl for approval of Minutes of August 13, 1984; seconded by Mr West; carried 6-0 CITIZENS' RIGHT TO SPEAK Jan Woellhof, 3435 Wright Street, complained about trash pickup at Applewood Shopping Center at 4 00 a m and asked about ordinance Pran Route, 7829 W 47th Avenue, wishes to speak on drainage on 47th Avenue; will speak under Item 10 Carl Cerveny, 3425 Moore street, spoke regarding drainage and sewage at his business address, 6117 W 38th Ave PUBLIC HEARINGS AND ORDINAIJCES ON SECOND READING Item 1 Application by John 11 LaGuardia for approval of a ~inal Subdivision Plat on property located approximately at 11251 West 38th Avenue (Case No WS-84-1) Glen Gidley presented the case, showed slides and overhead transparencies Sworn in by the Mayor were John LaGuardia, applicant, who was present to answer questions; Lou Picco, 1l3l5 W 38th Avenue, who requested that Council add to motion if approved, that the applicant be required to add a 65 ft long culvert for drainage to divert water from his garage James Lee Wheat, 2015 Eaton, surveyor for property, who reiterated what Mr Ficco said; Louise Turner, 11256 W 38th Avenue, who spoke of her concerns that 38th Avenue stay the way it is Motion by Mr West that Case No WS-84-l, a request for final plat approval on property located at ll25l W 38th Avenue, be approved for the following reasons 1 The property is located within the City of Wheat Ridge 2 All notification and posting requirements were met 3 Staff concludes all subdivision and zoning requirements have been met and recommends approval; seconded by Mrs Snow Motion by /lrs Snow to amend that the subdivision may not be recorded until the easement has been secured by property owner Mr Ficco and that this easement has been reviewed by Public Works Department and the City Attorney and meets their approval; seconded by Mr West carried 8-0; Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTbS August 27, 1984 Page -2- Item 2 Application by King Soopers, Inc for approval of an Amendment to the Applewood Village Shopping Center Final Planned Commercial Development Plan on property located at approximately 3400 Young field Road (Case No WZ-84-18) Sworn in by the Mayor were Conrad Becker, 2l2l Wadsworth, representing the applicant, who was present to answer questions; Jan Woellhaf, 3435 Wright Street, who spoke in favor of the application Motion by Mr Hobbs that Case No WZ-84-18 be approved for the following reasons 1 The proposed changes are minor and should enhance customer comfort and convenience 2 The rear enclosure should improve sound levels to the benefit of the nearby neighbors 3 Planning Commission and staff recommend approval; seconded by Mr Davis; carried 8-0 Item 3 Council Bill 145 - An Ordinance authorizing the issuance and sale of $4,600,000 City of Wheat Ridge, Colorado, Industrial Development Revenue Bonds, Series 1984 (La Quinta Motor Inns, Inc Project) to finance a project; ratifying certain action heretofore taken; authorizing the execution and delivery by the City of a Loan Agreement, Trust Indenture, Guarantee A':)reement, such Bonds and Closing Documents in connection therewith; making determinations as to the sufficiency of revenues and as to other matters related to such project; and repealing action heretofore taken in conflict therewith Council Bill l45 was introduced on second reading by Mr West; title read by the Clerk Mr Richard M Byrd, San Antonio, Texas, attorney for La Quinta Motor Inns, Inc , was sworn in by the rlayor, answered Council's questions and stated La Quinta is looking forward to being a part of the business community Motion by ~lr i'lest that Council Bill 145 (Ordinance 580) be approved on second reading for the following reasons 1 The project complies with the zoning 2 It conforms to the Comprehensive Plan 3 It furthers the City's economic development objectives 4 All legal requirements for approval have been met; seconded by Mrs Snow; carried 6-2 with Councilmembers Keller and Hobbs voting No Item 4 Council Bill 135 - An Ordinance providing for the approval rezoning from Residential-Two (R-2) to Restricted Commercial-One (RC-l), with conditions, on land located at Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-ll) (Leo F (continued from August 13, of 4701 Watson and Richard V McKinley) 1984 at applicant's request) Council Bill l35 was introduced on second reading by Mrs ~eller title read by the Clerk Mr Gidley presented the case Albert E Anderson, 3795 Marshall, Suite 4, attorney for the applicant, was present and sworn in by the Mayor and stated reasons for applicants' wanting rezoning Sworn in by the Mayor and speaking in opposition were Lena & Don Harris, 7650 W 48th Avenue, Randy Bodwell, 7630 W 48th Avenue, Charles P Jones, 4560 Allison, Donald Roos, 8101 W 46th Avenue Motion by Mrs Snow that Council Bill 135, a request to rezone property CITY COUNCIL MINUTES August 27, 1984 Page -3- located at 470l Wadsworth Blvd from Residential-Two (R-2) to Restricted Commercial-One (RL-l), be denied for the following reasons 1 The proposed rezoning is incompatible with surrounding zoning and land uses 2 The major portion of the property lies in the low density classification of the Comprehensive Plan and, therefore, the proposed rezoning generally does not conform to the Comprehensive Plan 3 A Commercial Zoning of this size would compound alrpady serious traffic problems at this intersection and encourage commercial traffic to use the adjacent residential neighborhood 4 Although there is justification for not constructing residential dwellings facing on Wadsworth, the property could be easily and well designed with two duplexes having access on West 47th Avenue, and with adequate land area left over for a large buffer area between the duplexes and Wadsworth; seconded by Mrs Keller; carried 5-3 with Councilmembers Hobbs, Wilde, and Merkl voting No ORDINANCES ON FIRST READING Item 5 Council Bill 146 - An Ordinance amending Sections 10, 12, 20, 2l, and 23 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to Height and Density Limitations and the authority of the City Council to vary standards and limitations, and amending Section 28 of Appendix A to amend the definition of "Family", all to achieve compliance with the Wheat Ridge Home Rule Charter as amended by the voters of the City of Wheat Ridge Motion by Mrs Snow that Council Bill l46 be approved on first reading, ordered published, public hearing set for Monday, September 24, 1984 at 7 30 P m in City Council Chambers, ~lunicipal Bldg , and if approved on second reading, take effect l5 days after final publication; seconded by Mr Wilde, but that the Public Hearing be set for October 22, 1984 and go to Planning Commission before it comes back for Public Hearing; carried 8-0 Item 6 DECISIONS, RESOLUTION, AND MOTIONS Item 7 Item 8 Motion by Mr Merkl that the Richards/Hart Task Porce give a status report at the September 17, 1984 Study Session, to be followed by discussion of Rules for the use of the Richards/Hart Estate; seconded by Mr West; carried 8-0 Motion by Mrs Snow to award the bid to move the loq cabin (from Johnson Park) with stone chimney to Doyle Hou~e Moving and Wrecking, at a total cost of $11,600, to be charged to Account No 3l-603-800-862; seconded by Mrs Keller carried 8-0 Motion by ~lr West to award the bid concrete slabs to Mac's Construction $7,800, to be charged to Account No by Mrs Snow; carried 8-0 for construction of two Co , at a total cost of 3l-603-800-862; seconded CITY COUNCIL 1'11, 'J.:.S August 27, 1984 F 2 -4- Item 9 Motion by Mr Hobbs that the School Crossing Guard Program continue for the 1984-1985 school term and the School Crossing Guard Agreement be extended to the Parent Teacher organizations electing to participate; seconded by Mrs Keller Mr Davis stated that he will be voting No because schools do not participate 100% Mr Plasco moved to table this item for 2 weeks seconded by Mr Hobbs; Failed 2-6 with Mr Plasco and Mr Hobbs voting yes Mr Hobbs called for the question; seconded by Mr Merkl; carried 8-0 Vote on original motion carried 7-1 with Mr Davis voting NO Item lO Presentation of Stormwater Management Plan Fran Route, 7829 W 47th Avenue, stated that her yard is where they put a drainage pipe last October and it is still torn up Mayor Stites directed Mr Palmer to investigate and get the project finished Rodger Young presented the Stormwater Management Plan Motion by 11r FIasco that the 45th and Jay project come back in five months to go to bid; seconded by Mr Hobbs Motion by Mr Hobbs to suspend the Rules of Order and go past II 00 P m and finish the agenda in its entirety; seconded by Mrs Snow carried 7-l with Mr Davis voting No Mr FIasco called for the question; seconded by Mr Davis; carried 7-1 with Mrs Snow voting No Vote on original motion failed 3-5 with Councilmernbers Davis, FIasco, and Hobbs voting yes Motion by Mr Merkl to put on the september lO, 1984 regular meeting agenda an item as to whether or not to hire a consultant for 47th & Jay Drainage Project; seconded by Mr Hobbs; carried 8-0 Item 11 Discussion regarding prosecution of rabbit and goat complaints, rabbit ordinance Dr Hilsenroth, representing Animal Control Commission, felt the rabbit problems were problems of Animal Control Commission instead of Council Speaking regarding goats and rabbits were Irwin Clingdon, 7340 W 32nd Avenue, Perry Wykoff, 7460 W 34th Avenue, Louise Turner, 11256 W 38th Avenue, Les Botham, 3380 Pierce, Dougal Graham, 3330 Chase, Claudia Callas, 8701 W 38th Avenue Motion by Mr Merkl for adjournment; seconded by Mr Davis; Failed 2-6 with Mr Davis and Mr Merkl voting Yes Motion by Ilrs seconded by Mr Snow to send item back to the Animal Control Corunission; Hobbs; carried 7-1 with Mr Davis voting No Item 12 Motion by Mr Wilde to reappoint Nancy Snow to the CML Policy Committee for a period of one year, effective September 14th, 1984; seconded by Mr West; carried 8-0 Item 13 Motion by Mr West to appoint Jane La Pean to the Board of Adjustment, as an Alternate, with her term to expire 3/2/86 seconded by Mrs Snow; Mr Davis will be voting No because he doesn't feel Mrs LaPean will give applicants a true and fair hearing; Motion carried 6-2 with Mr Davis and Mr Merkl voting No CITY COUNCIL MINUTES August 27, 1984 Page -5- Motion by Mr Merkl for adjournment; seconded by Mr Davis; carried 5-3 with Councilmembers FIasco, Keller, and Hobbs voting No Meeting adjourned at 12 30 a m rk