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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