HomeMy WebLinkAbout01/14/1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
JANUARY 14, 1985
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
(arrived at 7 45 pm), 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; Director of Parks, Richard Bredt; staff; and interested
citizens
APPROVAL OF MINUTES of December 17, 1984
Motion by Mr
seconded by Mr
Wilde for approval of the Minutes of December 17, 1984;
Merkl; carried 7-0
CITIZENS' RIGHTS TO SPEAK
James E Arbison, 7800 W 35th Ave , addressed the tenants faced with
spiraling rent increases He stated that he feels the law is in favor of
owners He asked for help on behalf of the renters
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application by Cherry Hills Development Company, Inc , dba
Hoagies Lounge, Inc , at 3240-70 Youngfield Street, for a new
Class G - Hotel & Restaurant Liquor License (This was
formerly known as Lost Knight Lounge)
Robert Goodwin, 1600 Broadway, Suite 2190, attorney representing the
applicant, had nothing to add to the material on file Motion by Mr
Wilde to approve the application for a new Class G - Hotel and
Restaurant License for Cherry Hills Development Company, Inc , dba
Hoagies Lounge, Inc at 3240-70 Youngfield Street, 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 10/23/84; 4) The applicants have been shown by investigation to be
of good moral character; 5) The premises have held a liquor license
approved by the City of Wheat Ridge since 11/10/1969; seconded by Mr
FIasco; carried 7-0
CITY COUNCIL MINUTES; January 14, 1985
Page -2-
Item 2
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, Inc
Council Bill 165 was introduced on second reading by Mr Merkl; title
read by the Clerk; Ordinance No 602 assigned Mr Stromberg presented
the Case Frances Komoroski, attorney for the applicant, 831 State
Street, Santa Barbara, California; was sworn in by the Mayor, and gave a
brief summary on behalf of Motel 6 Gary Talbot, 51 Hitchock Way, Santa
Barbara, California, representing Motel 6, was also present Speaking
in opposition and sworn in by the Mayor were Donald T Meyer, 4725
Miller Street, who opposed the building of another Motel He presented
a petition of 46 signatures in opposition Ardith Meyer, 4725 Miller
Street, stated that she agreed with Donald Meyer Carl BaIlee, 10450 W
47th Place, feels that the Police Department does not protect the area
the way it is and feels that this Motel would be an added burden for the
residents Ted Mesenses, 10460 W 47th Avenue, opposed the rezoning
because of density He felt that the Motels that are there, are only
half full Claudia Worth, 4650 Oak Street, feels that Motel 6 should
have come in with a Planned Development; there is no need for another
motel; buffering should be made absolute; the exits have no left turn
signs; there is no semi-truck parking and the landscaping to the south
should be put on the south side of the fence Motion by Mr Merkl that
Council Bill 165, a request to rezone property at the southeastern
corner of Miller Street and South 1-70 Frontage Road from
Agricultural-One to Commercial-One, be APPROVED for the following
reasons 1 The rezoning conforms to the Comprehensive Plan 2 It is
generally compatible with surrounding land uses and zoning With the
following conditions 1 The parcel be developed in accordance with the
enclosed site plan 2 Relative to the site plan, the trash dumpsters
be relocated to the southeastern corner of the easterly parking area and
three additional street trees be added to the site along the eastern
property line; seconded by Mr Davis; Failed motion by Mrs Snow that
the site plan be amended, that there will be no semi-truck parking on
the site; seconded by Mrs Keller; Discussion followed; failed 3-5 with
Mrs Snow, Mr West, and Mrs Keller voting yes Failed amendment by
Mrs Snow that there be no left turns out of the property; seconded by
Mrs Keller; Discussion followed; failed 2-6 with Mrs Keller and Mrs
Snow voting yes Vote on original motion carried 6-2 with Mrs Keller
and Mrs Snow voting No
Item 3
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)
CITY COUNCIL MINUTES
January 14, 1985
Page -3-
Council Bill 163 was introduced by Mrs Snow on second reading; title
read by the Clerk Ordinance No 603 was assigned Mr Stromberg
presented the case Discussion followed Motion by Mrs Snow that
Council Bill 163, a request to rezone property at 11200 W 45th Avenue,
from Commercial-Two and Agricultural-One to Public Facilities-One, be
approved for the following reasons 1 The proposed rezoning conforms
to the Comprehensive Plan since governmental buildings are allowed in
the Low Density Residential classification 2 It would bring the use
of the property and the zone classification into conformance 3 It
would allow the City to build a very important and urgent property
storage room; seconded by Mr Merkl; carried 5-3 with Councilmembers
FIasco, Hobbs, and Davis voting No
Item 4
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 9200 W 44th
Avenue, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-84-9) (Johnny Van Houten)
Council Bill 164 was introduced on second reading by Mr Hobbs; title
read by the Clerk; Ordinance No 604 assigned Mr Stromberg presented
the case Applicant, Johnny Van Houten, 1915 S Zang Way, Lakewood, was
sworn in by the Mayor, and stated that he had been misled by the
Planning Commission; they related to him that they had no problem with
his plans, then he was told he would have to have a Special Use Permit
Discussion followed Motion by Mr Hobbs that Council Bill 164,
(Ordinance 604) be approved on second reading and take effect 1 day
after final publication; seconded by Mr FIasco; Discussion followed; Mr
Hobbs called for the question; seconded by Mr Flasco; carried 7-1 with
Mrs Keller voting No Vote on original motion carried 7-1 with Mrs
Keller voting no
ORDINANCES ON FIRST READING
Item 5
Council Bill 166 - An Ordinance providing for the approval of
rezoning from Residential-Two and Residential-Three to Planned
Residential Development and for approval of an Outline
Development Plan on land located at approximately 3701 Jay
Street, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-84-29) (Loup-Miller Enterprises)
Mr Davis requested to
property; Vote for Mr
abstaining
abstain due to being one of the owners of this
Davis to abstain carried 7-0 with Mr Davis
CITY COUNCIL MINUTES
January 14, 1985
Page -4-
Council Bill 166 was introduced by Mr Merkl on first reading; title
read by the Clerk Motion by Mr Merkl that Council Bill 166 be approved
on first reading, ordered published, public hearing set for Monday,
February 11, 1985 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 FIasco; carried 7-0 with Mr Davis
abstaining
Item 6
Council Bill 167 - An Ordinance providing for the approval of
rezoning from Residential-Three and Commercial-One to
Commercial-One on land located at the Southeast corner of West
44th Avenue and Yarrow Street, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No WZD-84-32) (City of Wheat Ridge)
Mr Hobbs requested to abstain because of personal conflict; Vote on Mr
Hobbs abstention carried 7-0
Council Bill 167 was introduced by Mr Davis on first reading; title
read by the Clerk Motion by Mr Davis to approve Council Bill 167 on
first reading, ordered published, public hearing set for Monday,
February 11, 1985 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 West; carried 7-0
Item 7. Council Bill 168 - An Ordinance providing for correction of the
legal description included in the City Council Motion of
December 22, 1975 for rezoning Case No WZ-75-19, and
correction of the Zoning Map, effectively rezoning property
from Commercial-One and Residential-Two to Commercial-One and
Residential-Two Land generally at 6089, 6287, and 6289 West
48th Place, and 6284 West 48th Avenue, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZD-84-35) (City of Wheat Ridge)
Council Bill 168 was introduced by Mrs Keller on first reading; title
read by the Clerk Motion by Mrs Keller that Council Bill 168 be
approved on first reading, ordered published, public hearing set for
~1onday, February 11, 1985 at 7 30 p m in City Council Chambers,
Municipal Bldg , and if approved on second reading, take effect 15 days
after final publication
DECISIONS, RESOLUTIONS, AND MOTIONS
CONSENT AGENDA
Item 8
A)
Resolution 927 - setting forth Investment Policy and
Guidelines for Investment of City Funds by the City Treasurer
CITY COUNCIL MINUTES January 14, 1985 Page -5-
B)
Resolution 928 - authorizing the City of Wheat Ridge to enter
into an Intergovernmental Agreement with the City of Arvada to
provide Citizens of Wheat Ridge with programs and services in
the Arts and Humanities through the Arvada Center for the Arts
and Humanities and that the Mayor be authorized to sign the
Intergovernmental Agreement with the City of Arvada, in the
amount of $10,000; the amount of $4,000 be approved as our
contribution to the Denver Symphony; and the amount of $800 be
approved as our contribution to the Wheat Ridge Art League, all
to be charged to account 01-610-799
C)
Resolution 929 - setting forth the intent of the City of Wheat
Ridge to commit the aggregate amount of its authority to issue
Private Activity Bonds and to apply to the statewide balance
for an additional allocation in order for the City to issue
Industrial Development Revenue Bonds for an Office Building to
be occupied in part by First Bank of Wheat Ridge, N A
D)
Resolution 930 - authorizing the Jefferson County Open Space
Officials to secure professional appraisal on the Brown
Property, which borders the Wheat Ridge Greenbelt on the
Northwest corner of Clear Creek and Jellison Street
E)
Resolution 931 - approving Intergovernmental Agreement with
Colorado Department of Highways for the FAUS Project on 44th
Avenue between Youngfield and Tabor
F)
Motion to authorize payment of 1985 CML annual dues payable
January 1, 1985, in the amount of $10,795 66; and payment of
1985 DRCOG dues, payable in two installments, in the amount of
$6,300; both of which will be charged to Account No
01-102-716
G)
Motion that the pro rata share of a refund due the City of
Wheat Ridge in the amount of $1,068 18 from the contribution
approved on 2/13/84 to CML to assist in opposing the rate
increase by Mountain Bell, be applied by CML to represent
municipal and consumer interests in future Mountain Bell
proceedings
H)
Motion to renew our commercial insurance coverage with
Colorado Intergovernmental Risk Sharing Agency, at a premium
cost of $86,107, to be charged to Account No 610-781
CITY COUNCIL MINUTES
January 14, 1985
Page -6-
I)
Motion that $7,027 70 from Account No 01-117-776 be approved
for the yearly hardware maintenance for the NCR computer
system There are to be two payments of $3,513 85
J)
Motion to purchase a Root snow plow, from H W Moore, Inc , at
a total cost of $3,200 00 to be charged to Account No
19-603-809
K)
Motion to accept a deed from Phillip G Haas for Right-of-Way,
located at approximately 4200 Moore Street
L)
Motion that permission be granted for three months use of the
Firehouse, to the General Assembly and Church of the First
Born, for the purpose of their church services
M)
Motion that the City extend the contract with Sellards &
Grigg, Inc for the 1985 City Wide Monumentation Program with
the Scope of Service as stated in the attached 1985 Proposed
Scope of Service; the cost of work to be charged to Account
31-303-840, and not to exceed $70,000 for the monumentation
portion of the work Upon further Council approval of funds,
authorize the consultant to proceed with the paneling for the
aerial photograph of the City and the preparation of
right-of-way description and setting of property pins for 44th
Avenue
Items 8 C), 8 D), 8 E), 8 G), 8 L), and 8 M) will be voted on
separately
Motion by Mr Merkl to approve Items 8 A), 8 B), 8 F), 8 H), 8 I) 8 J),
& 8 K); as printed; seconded by Mr Davis; carried 8-0
Item C; Mr Douglas Jessop, 633 17th Street, Sherman & Howard law firm,
brought in a new resolution for the new Federal Guidelines; Discussion
followed; Motion by Mr Merkl to approve Resolution 929; seconded by Mr
FIasco; carried 7-1 with Mr West voting No
Item D; Motion by Mrs Keller to approve Resolution 930; seconded by Mr
Merkl; Discussion followed; carried 8-0
Item E Mr Merkl introduced Resolution 931; title read by the Clerk
Motion by Mr Merkl for adoption; seconded by Mr FIasco; Discussion
followed; carried 8-0
CITY COUNCIL MINUTES
January 14, 1985
Page -7-
Item G; Mr Merkl does not feel that the money should be left at CML
Motion by Mr Merkl that the City request the return of the pro rated
share of the City of Wheat Ridge in the amount of $1,068 18, for the
contribution that was made by the City to CML to assist in opposing a
rate increase by Mountain Bell and that the future rate increases that
CML needs to represent Municipal Consumer Interests come back to City
Council; seconded by Mr Hobbs; Discussion Followed Vote carried 7-1
with Mrs Snow voting No
Item L; Mr Merkl stated it does not meet regulations and moved to deny
the use of the building to the General Assembly and Church of the First
Born; seconded by Mr Davis Failed Motion by Mrs Snow to table this
item until the applicant is notified it is on the agenda; died for lack
of a second Vote on original motion carried 6-2 with Mr Wilde and
Mrs Snow voting No
Item M; Motion by Mr Hobbs that staff be directed to go out for
proposals to all the firms in the area and to bring back to City Council
in 30 days; seconded by Mr Davis; carried 8-0
Item 9
Motion to set a meeting date for Liquor Violation hearings
Motion by Mr Merkl to hear the 6 alleged violations individually within
30 days after District Court appearance; seconded by Mrs Keller;
carried 5-3 with Councilmembers Wilde, Hobbs, and FIasco voting No
Motion by Mrs
Cabana be set
carried 8-0
Snow that the hearing for the alleged violation at Copa
for January 28, 1985 at 6 45 pm; seconded by Mr Hobbs;
CITY ADMINISTRATOR'S MATTERS
1 Tom Palmer requested clarification of purchasing policies
Everything over $2,500 has to come before Council except what is
excluded specifically in the Resolution
2 City Administrator has information on Insurance on present
Officials and needs to know if any Councilmembers want to sign up by
Wednesday, January 16, 1985
3 He addressed memo proposing the February 2 meeting with the Special
Districts Wanted to know if it is okay to go ahead and set that up
CITY ATTORNEY'S MATTERS
1 John Hayes inquired if Council wanted him to draft an Ordinance to
exempt the City of Wheat Ridge from Zoning Ordinances Discussion
followed Consensus was 5-3 to bring in a memo with all the
ramifications of an ordinance such as this, with Mr West, Mr FIasco,
and Mr Hobbs, voting no
CITY COUNCIL MINUTES
January 14, 1985
Page -8-
2 Mr Hayes addressed a lawsuit in which a person was injured while
being brought under control by a Wheat Ridge Police Officer who ran into
another Police Vehicle Denver Court has declared in the plaintiff's
behalf and Wheat Ridge's share is $9,000, which is covered by City
Insurance The City will have to pay $1,000 00 deductable Motion by
Mrs Snow for staff to settle claim; seconded by Mr Wilde; carried 6-2
with Mr Hobbs and Mr Davis voting No
Motion by Mr FIasco to suspend the Rules and go past 11 00 P m and
finish the Agenda in its entirety; seconded by Mr Hobbs; carried 7-1
with Mr West voting No
3 Mr
to add
Motion
Wilde;
Hayes discussed an amendment to the Amusement Machine Ordinance
that there will be no refunds of fees collected by the City
by Mr Hobbs to bring in an amended ordinance; seconded by Mr
carried 8-0
4 Mr Hayes addressed Group Home Ordinance; stated there is a highly
recommended facility that wants to put one in and asked if Council wants
to make an exception and consider an amendment to Ordinance Discussion
followed Motion by Mr Merkl to leave the Ordinance as is; seconded by
Mr Hobbs; carried 6-2 with Mr FIasco and Mrs Snow voting No
ELECTED OFFICIALS' MATTERS
Motion by Mr Davis to authorize City Attorney to defend the
lawsuit re Case No WZ-84-22 - Northwest corner of 35th & Wadsworth;
seconded by Mr Hobbs; Failed Motion by Mr FIasco for an Executive
Session under Section 5 7 (b) (1) (A) of the Charter; seconded by Mr
Hobbs; failed 4-4 with Councilmembers West, Keller, Wilde, and Snow
voting No Vote on original motion Failed 4-4 with Councilmembers
Hobbs, Davis, FIasco, and Merkl voting No
ADJOURNMENT
Motion by Mr Hobbs to adjourn; seconded by Mr Wilde; carried 8-0
Meeting adjourned at 11 30 p m