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HomeMy WebLinkAbout12/17/1984 DECEMBER 17, 1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Moe Keller, Tony FIasco, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes Public Works Director, Rodger Young; Director of Community Development, Charles Stromberg Chief of Police, H Jaquay; staff; and interested citizens PROCLAMATIONS AND CEREMONIES Mrs Phyllis Lancaster, and Mr and Mrs Oliver Phillips, of Jeff Co Citizens United, presented a picture to be hung in City Hall in memory of the late Commissioner Robert Clement for all his work and dedication Mrs Bunny Clement was present and thanked this organization Motion by Mr Hobbs for the approval of the Minutes of December 10, 1984; seconded by Mr FIasco; carried 8-0 CITIZENS' RIGHTS TO SPEAK Lester Cook, 5250 Quail Street, and Barbara Aho, 5300 Quail Street, spoke regarding the meeting of the Land Use Commission of Annexation of the Ridge Land in Wheat Ridge and Arvada Motion by Mr Wilde to hold an Executive Session under 5 7 (b)(l) of the Charter; seconded by Mr Hobbs carried 7-1 with Mrs Snow voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item I Public Hearing on application for a new Class G - Hotel & Restaurant Liquor License for L J Z Corporation, dba Zimmerman's Rear Door, located at 4234 Wadsworth Blvd (in Time Square Shopping Center) Andrew Lopez, attorney for the applicant, was sworn in by the Mayor and answered questions by Council Motion by Mr West that the application for a new Class G - Hotel & Restaurant Liquor license for L J Z Corporation, dba Zimmerman's Rear Door, located at 4234 Wadsworth Blvd, 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 will be entitled to occupancy of the premises by virtue of a signed lease dated 10/31/84 (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 December IO, 1984 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 50 signatures in favor of issuance, 20 signatures in opposition, and 19 signatures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration; seconded by Mrs Keller; carried 8-0 CITY COUNCIL MINUTES December 17, 1984 Page -2- Item 6 Application by Paula Kanios for Site Plan Approval in the Kipling Activity enter for property located at 4301 Kipling Street (Case No WSP-84-6) Motion by Mr FIasco to continue Item 6 until January 28, 1985 at applicant's request; seconded by Mr Davis; carried 8-0 Item 2 Item 3 Motion by Mr Hobbs to approve the Transfer of ownership from Wendel Enterprises, Inc to Four Chefs, Inc , dba House of Lords Restaurant and Lounge, Inc , located at 4111 Kipling Street, a Class G - Hotel & Restaurant license with extended hours; seconded by Mr Wilde; carried 8-0 Council Bill 158 - An Ordinance providing for the approval of Rezoning from Planned Industrial Development and Agricultural-One to Planned Industrial Development and approval of an amendment to a Planned Industrial Pevelopment Final Development Plan on land located at 10501 W 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-17) (Robert Entrup) Council Bill 158 was introduced on second reading by Mr Davis; title read by the Clerk Ordinance No 599 assigned Mr Stromberg presented the Case Applicant, Robert Entrup, 10410 W 47th Place, was sworn in by the Mayor, and gave reasons for wanting the rezoning Wayne M Soule, 4855 Miller Street, opposed the rezoning; he wants the property cleaned up Discussion followed Motion by Mr Davis for the adoption of Council Bill 158 on second reading for the following reasons 1 It would allow the applicant more parking 2 The request is compatible with surrounding land use and zoning and complies to the Comprehensive plan 3 Planning Commission recommends approval With the following conditions 1 Outside storage of unfinished products and material must be fully screened from view from all property lines 2 Outside display of finished products for sale must not occupy required and delineated parking spaces 3 All parking must meet Code requirements unless waivers are approved 4 That the western 90 feet adjacent to driveway be allowed for parking of larger vehicles, example sales display, and parking for either employees or customers be allowed to the east of that including stored vehicles 5 That the applicant be required to give the City a Performance Bond of 125% of the expected cost of improvements of landscaping, curb, and gutter, and parking lot improvements which will be required for the new Plan, the improvements to be accomplished within one year 6 That a recoIllmendation of denial be given for the Temporary Use Permit to waive curb cut and paving requirements; seconded by Mr Merkl Discussion followed Mrs Snow moved to amend condition 6 that curb and gutter requirements be waived until August 1, 1985; blacktopping until July 1, 1986; the condition be recorded at Jefferson County all improvements be done upon transfer of the property and a temporary use permit not be given until all improvements are completed; amendment died for lack of second Mr Hobbs asked for a friendly amendment under condition 5 That the performance bond be deleted and a letter of credit be established to the City for the full amount of the cost of construction; Mr Davis accepted this, but second CITY COUNCIL MINUTES December 17, 1984 Page -3- did not Amendment died for lack of second Mr Hayes clarified exactly what a letter of credit is Mr Hobbs asked for a friendly amendment to change condition 5 to letter of credit and amount of letter of credit to be established by the Department of Public Works staff for the cost of the amount to put the improvements in Mr Davis and Mr Merkl accepted this as part of the original motion Mr Hayes suggested condition 6 be amended to read that the request of temporary use permit to waive curb cut and pay the requirements be denied Original Motion as amended carried 8-0 Item 4 Council Bill 160 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Restricted-Commercial (R-C) on land located at 3700 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-27) Council Bill 160 was introduced by Mrs Snow on second reading title read by City Clerk Ordinance 600 was assigned Mr Stromberg presented the case Applicant, Jack Gunderson, 3700 Wadsworth Blvd, was sworn in by the Mayor and gave his reasons for the rezoning Motion by Mrs Snow for approval of Council Bill 160 (Ordinance 600) for the following reasons (1) Staff concludes that proposed rezoning is compatible with land uses surrounding the property (2) Restricted Commercial zoning would conform to the Comprehensive Plan With the following conditions (1) Curb, gutter and sidewalk and an accel/decel lane to be installed at the time this building is put to a Commercial use (2) Upon redevelopment, this parcel be encouraged to share access with the property to the south thus reducing the number of curb cuts on Wadsworth Boulevard (3) That a possible right-of-way dedication may be reserved if the building is torn down and a new building is constructed Motion died for lack of a second Mr Merkl moved for approval with the change in following conditions (I) Curb, gutter, and sidewalks and an accel/decel lane be installed at the time of issuance of a building permit for the property & not just a remodeling permit (2) Upon redevelopment, this parcel be encouraged to share access with the property to the south thus reducing the number of curb cuts on Wadsworth Boulevard (3) That a possible right-of-way dedication may be reserved if the building is torn down and a new building is constructed Seconded by Mr Hobbs carried 8-0 Item 5 Council Bill 162 - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to Taxation of Telephone Exchanges Council Bill 162 was introduced by Mrs Keller title read by the Clerk; (Ordinance No 601 assigned ) Motion by Mrs Keller for the adoption of Council Bill 162 (Ordinance 601) on second reading; seconded by Mr Merkl; carried 8-0 CITY COUNCIL MINUTES December 17, 1984 Page -4- Item 7 ORDINANCES ON FIRST READING Council Bill 163 - An Ordinance providing for the approval of rezoning from Commercial-Two and Agricultural-One to Public Facilities-One on land located at 11200 W 45th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-33) (City of Wheat Ridge) Council Bill 163 was introduced by Mrs Snow on first reading; title read by Clerk Motion by Mrs Snow that Council Bill 163 be approved on first reading, ordered published, public hearing be set for Monday January 14, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect IS days after final publication; seconded by Mr Merkl; carried 8-0 Item 8 Council Bill 164 - An Ordinance providing for the approval of a Special Use Permit to allow Motor Vehicle Repair in a Commercial-One Zone District on land located at Q200 W 44th Ave , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-84-9) (Johnny Van Houten) Council Bill 164 was introduced by Mr Hobbs on first reading title read by Clerk Motion by Mr Hobbs that Council Bill 164 be approved on first reading, ordered published, public hearing to be set for Monday, January 14, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg and if approved on second reading, take effect 1 day after final publication seconded by Mr Davis There was a discussion Mr West moved to amend to 15 days after final publication; seconded by Mrs Snow; failed 4-4 with Councilmembers FIasco, Wilde, Hobbs, and Davis voting No Original Motion carried 7-1 with Mr West voting No Item 9 Council Bill 165 - An Ordinance providing for the approval of rezoning from Agricultural-One to Commercial-One on land located at the Southeast corner of Miller Street and South 1-70 Service Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-26) (Motel 6) Council Bill 165 was introduced on first reading hy Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 165 be approved on first reading, ordered published, public hearing set for Monday, January 14, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect IS days after final publication; seconded by Mr Hobbs Motion by Mrs Keller to continue Public Hearing until January 28, 1985; seconded by Mr West; Failed 4-4 with Councilmembers FIasco, Hobbs, Davis, and Merkl voting No Vote on original motion carried 7-1 with Mrs Snow voting No Item 10 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution 925 - Resolution to formally recommend to the Department of Corrections, the Governor and Legislature of Colorado, to approve and site a new correctional facility on State Land located at the Lowry Bombing Range CITY COUNCIL MINUTES December 17, 1984 Page -5- Resolution 925 was introduced by Mr FIasco Motion by Mr FIasco for the approval of Resolution 925; seconded by Mr Wilde; carried 7-1 with Mr West voting No because he feels we have enough jails An expert in this hemisphere got rid of his prisoners and if we want to get rid of hard term prisoners, that are in there for life, 20 years, 10 years, if they want to volunteer to give up their citizenship and be transported to Cuba, or Viet Nam, or someplace, I would support that Item 11 Motion by Mr Merkl to purchase 48 chairs from Mr Z's Commercial Furniture, at a total cost of $2,640 on, to be charged to Account #31-603-800-862; these chairs are for the Richards-Hart Mansion; seconded by Mr Hobbs; carried 8-0 Item 12 Agreement Attorney; Motion by Mr Hobbs to authorize the Mayor to slgn an with John E Hayes, Attorney at Law, to serve as City seconded by Mr West; discussion followed; carried 8-0 Item 13 Motion by Mr Hobbs to award the contract for Public Works Shops Improvements to Secary Construction company in the amount of their base bid of $56,183 00 with a 15% contingency for a total of $64,000 00 Further move that $14,900 be transferred from Account No 57-305-809 to Account No 57-305-812 and this project (PW-I03 01-84-5) charged to Account No 57-305-812; seconded by Mr Wilde; discussion followed; carried 7-1 with Mrs Snow voting No Item 14 Motion by ~1r Hobbs that the City of Wheat Ridge accept the attached seven parcels of land required for street improvements right-of-way (Project SI-I02 01-84-4); seconded by Mr Merkl; carried 8-0 Item 15 Resolution 926 - approving Intergovernmental Agreement between Denver Regional Council of Governments and City of Wheat Ridge for an Elevator and Escalator Safety Inspection Program Motion by Mr FIasco for the approval of Resolution 926; seconded by Mr Hobbs; carried 8-0 CITY ATTORNEY'S MATTERS John Hayes stated he sent the condemnation Lucas & Darr at Gorsuch, Kirgis, Campbell, Walker, Grover, et al ELECTED OFFICIALS' MATTERS City Clerk, Wanda Sang, addressed the calls of complaints of citizens who have not received their agendas before the meetinq Discussion followed Consensus was to leave things as they were-and the Clerk would take agendas to the Post Office on Thursday afternoons Mrs Keller requested to have the Sanitation District discussion on the January/February Study Session Mr Merkl stated that is being done on Saturday mornings during January and February CITY COUNCIL MINUTES December 17, 1984 Page -6- Mr Merkl addressed the non-conforming use section of ordinance Motion by t1r Merkl to direct Planning Community Development to develop an amendment to the Zoning Code to be sent to Planning Commission for hearings and brought back to City Council to extend the moratorium for non-conforming uses in this City for another IS years discussion followed; Mr Hobbs called for the question; seconded by Mr Davis; Failed 3-5 with Councilmembers West, Keller, Merkl, FIasco, and Wilde voting No Motion by Mrs Snow to put on the February Study Session Agenda and have Mr Hayes research the question of non-conforming uses so that all of it can be discussed at some length Mr Merkl accepted that also the second; carried 8-0 Motion by Mr FIasco to have an Appreciation Dinner for all employees and to appropriate $4,000 to $4,200 and have it the latter part of January or first part of February; seconded by Mr Hobbs; carried 8-0 Mr Hobbs questioned Tom Palmer about the insurance coverage for past Councilmembers Mr Palmer stated that is still under negotiation 11r Hobbs also addressed the property at 4lst Avenue (Mr Imes) Mr Palmer stated Mr Imes asked the City not to do anything until he (Mr Imes) told them to ~1r Davis questioned Treasurer Malone about not taking one financial institution interest rate over the second one, when it was 0 2% higher Mr Malone replied that he had called Sun Savings & Loan Association several times, and they were always lower, however they are not on the Council approved list of institutions, and he decided to go with the ones he normally went with, and which are on the Council approved list of institutions Mrs Snow also addressed the insurance question Motion by Mrs seconded by Mr Snow to adjourn immediately after the Executive Hobbs; carried 7-1 with Mr FIasco voting No Session; EXECUTIVE SESSION WAS HELD Meeting adjourned at 10 35 P m ~n~ Clty Cle