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
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