HomeMy WebLinkAbout04/22/1985
APRIL 22, 1985
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, Tony FIasco, Larry Merkl, Clyde E
Hobbs, Moe Keller, Nancy Snow, and Dan Wilde Randy West was absent due
to a family emergency Also present Deputy City Clerk, Christa Jones;
City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works
Director, Rodger Young Director of Parks, Richard Bredt staff and
interested citizens
APPROVAL OF MINUTES of April 8, 1985
Motion by Mr Wilde for approval of the Minutes of April 8, 1985;
seconded by Mr Hobbs; carried 7-0
CITIZENS' RIGHTS TO SPEAK
Robert Walter, 8040 W 22nd Avenue, handed out papers re Jefferson
County Group Home Locations and asked if there had been any change
regarding the status of their case Mr Hayes replied there had been no
changes in the Ordinance
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application by George Vendegnia, Jerry Satriano, and Grace
Seganti (partnership) dba Compa's, at 4105 Wadsworth Blvd, for
a new Class G - Hotel & Restaurant Liquor License (This was
formerly known as the Port of Entree )
Applicants George Vendegnia, Jerry Satriano, and Grace Seganti were
sworn in by the Mayor Motion by Mr Hobbs to approve the application
for a new Class G - Hotel & Restaurant License with extended hours for
George Vendegnia, Jerry Satriano, and Grace Seganti (partnership), dba
Compa's, at 4105 Wadsworth Blvd, 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 applicants will be entitled
to occupancy of the premises by virtue of a signed lease dated March 8,
1985; 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 7/8/71; seconded by Mr Davis; carried
7-0
CITY COUNCIL MINUTES
pril 22, 1985
P2
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Item 2
Application by Robert Vermillion for amendment to the Final
Development Plan for Lakemont Center Planned Industrial
Development to extend the completion dates for Phases I, II,
and III Said property is located at 4801 Tabor Street
(Case No WZ-85-1)
Meredith Reckert gave the staff report and entered exhibits into the
record. Bob Vermillion, 2800 S university, Denver, applicant, was
sworn in by the mayor and gave a brief report regarding this
development There was no one present to speak in opposition Motion by
Mrs Snow that Case No WZ-85-l, a request for the extension of
completion dates for the Lakemont Center Final Development Plan, be
approved for the following reasons 1 No other aspects of the final
development Plan will be changed 2 All conditions and stipulations
associated with the development plan will apply 3 Staff recommends
approval; seconded by Mr Hobbs; carried 7-0
Item 3 The attorney representing the applicant for this item asked
that the case be heard later, since their architect had not yet arrived
Item 4.
Application by First Bank
in the Wadsworth Activity
4320-4390 Wadsworth Blvd
(Case No WSP-85-4)
of Wheat Ridge for site plan approval
Center for property located at
and 7468-7480 W 44th Avenue
Rick Kirkwood gave the staff report; entered exhibits into the record;
showed slides and overhead transparencies Ed Holland, 44th &
Wadsworth, Chris Reynolds, 4891 Independence Ave , and Don Dethlefs,
44th & Wadsworth, were all sworn in by the Mayor Ed Holland from the
First Bank of Wheat Ridge explained the bank's plans to Council Don
Dethlefs showed the site plan and a model of the proposed building
This will be a joint venture between Reynolds Properties and First Bank
of Wheat Ridge Council asked questions of staff and applicant Motion
by Mr Merkl for approval of the site plan within the Wadsworth Activity
Center, including variances of the Sign Code, for the following reasons
1 The site plan is in compliance with the Comprehensive Plan, Wadsworth
Activity Center Master Plan, and Town Center Urban Renewal Plan 2 The
proposed site plan meets all requirements of the Zoning Ordinance 3
The proposed site plan furthers the development of the Wadsworth Town
Center Urban Renewal Area 4 Staff recommends approval With the
following conditions 1 That the 51 foot building height be allowed
only upon granting of a variance by the Board of Adjustment 2 That
the alternate access plans be developed only if the access plan shown on
Sheet A-I is impossible to achieve; seconded by Mr FIasco; carried 7-0
Motion by Mr Merkl to suspend the Rules of Order and Procedure in order
to hear Item 8 and a Resolution pertaining to Item 8 at this time;
seconded by Mr Wilde; carried 7-0
Resolution 942 was introduced by Mr Merkl; title read by the Clerk
Resolution 942 - A Resolution of the City of Wheat Ridge, Colorado,
modifying certain amounts contained in Resolution No 929, Series of
1985, and setting forth the intent of the City to apply to the statewide
Balance for an additional allocation 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
Motion by Mr Merkl for the adoption of Resolution 942; seconded by Mr
Wilde; carried 6-1 with Mr Hobbs voting No
CITY COUNCIL MINUTES
April 22, 1985
Page -3-
Item 8
Mr Hayes explained that Council Bill 187, as it appeared in tonight's
packet, was the best effort possible by the applicants in the time
alloted to get it into the packet He had been presented by their bond
counsel a revised ordinance which filled in the blanks and reflects the
higher amount which Council just authorized with the Resolution
Council felt they should pass the corrected ordinance in order to get it
published correctly Motion by Mr Merkl to accept the Council Bill as
presented by Mr Hayes; seconded by Mr Davis; carried 6-1 with Mr
Hobbs voting No
Council Bill 187 was introduced by Mr Merkl; title read by the Clerk
Council Bill 187 - An Ordinance authorizing the issuance and sale of
$5,125,000 City of Wheat Ridge, Colorado Industrial Development Revenue
Bonds (Wheat Ridge Building Limited Partnership Project) Series 1985, to
finance a project for Wheat Ridge Building Limited Partnership;
ratifying certain action heretofore taken; authorizing the execution and
delivery by the City of a financing agreement, indenture of trust, bond
purchase agreement, such bond 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 Motion by Hr Merkl that
Council Bill 187 be approved on first reading; ordered published; public
hearing be set for Monday, May 13, 1985 at 7 30 P m in City Council
Chambers, Municipal Building, and if approved on second reading take
effect upon final publication; seconded by Mr Davis Douglas Jessop,
6253 S Pontiac, Englewood, bond counsel, explained the cost overrun to
Council Motion carried 6-1 with Mr Hobbs voting No
Item 3
Application by Paula Kanios for site plan approval in the
Kipling Activity Center for property located at 4363 Kipling
Street
(Case No WSP-85-2)
Meredith Reckert presented the staff report and showed overhead
transparencies Paula Kanios, 9615 Grandview, Arvada; Ron Rinker, 1021
Emerson Street, Denver; George Moore Graber, 9900 W 77th Drive, Arvada,
were sworn in by the Mayor Architect for the applicant explained their
plans Lawyer for the applicant also gave brief explanations regarding
this development Ezio Lombardi, 4383 Kipling, owner of apartments at
that address, was sworn in by the Mayor and spoke in opposition to this
application He expressed his concerns about the tenants living in the
apartments wanted to know the setback for the applicant's property
Attorney for the applicant and staff answered various Council concerns
and questions, which included setback, easement, did fire department
approve this Motion by Mr FIasco to postpone this item for 2 weeks
until the information from the Districts can be obtained Motion died
for lack of a second Hotion by Mrs Keller that Case No WSP-85-2, a
request for site plan approval in the Kipling Activity Center for
property located at 4363 Kipling Street, be approved for the following
reasons 1 The proposal is compatible with adjacent zoning and land
use 2 It is in conformance with the
CITY COUNCIL MINUTES
April 22, 1985
Page -4-
Comprehensive Plan 3 Staff reco~nends approval With the following
conditions 1 A 6 foot solid fence or vertical landscaped buffer be
provided along the northern property line 2 Cross-easements
agreements be recorded prior to development to allow integration with
adjacent parcels; seconded by Mr Hobbs; Discussion and further
questioning of Mr Lombardi followed ~1r FIasco stated he would be
voting against this motion because he had not gotten the proper
information from staff Mrs Snow will be voting No because she does
not feel there is adequate fire protection or adequate separation
between a commercial development and the apartments Motion carried 5-2
with Mr. FIasco and Mrs Snow voting No
Item 5
Council Bill 182 - An Ordinance providing for the approval of a
Special Use Permit to allow Major Motor Vehicle Repair in a
Commercial-One Zone District on land located at 7050 West 38th
Avenue, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-85-3) (Dave Flageolle)
Council Bill 182 was introduced by Mr Merkl; title read by the Clerk
Greg Hoberg gave the staff report; entered exhibits into the record; and
showed slides Albert E Anderson, 3798 Marshall Street, Dorothy
McKelvy, 9889 W 32nd Avenue, Chuck Ready, 5420 Estes Court, Arvada,
were sworn in by the Mayor Mr Anderson is representing the McKelvy
interest; this is an estate matter Mrs McKelvy explained that she was
a personal representative of the people who own the land and who are not
in Colorado She gave a background on the ownership of the land in
question She recommended the useless old house be torn down and
something new be built which could serve as a tax base for the City of
Wheat Ridge Mr Ready, owner and operator of A-I Rental, which is
located immediately west of the property, spoke in favor of the
application Mr Anderson, representing the estate of Charles and
Mildred Goodrich, who were the owners of the property, and also Dorothy
McKelvy, who is the personal representative of that estate, explained
the history of this parcel of land; stated the house could not be used
any longer; family had no further use for this property and would
continue to find a buyer even if tonight's case would not be approved;
the one person signed in opposition might have an ulterior motive to be
against this proposal, since he has made various offers for purchasing
this property for drastically less than anything else that has ever been
offered for this David Flageolle, 8200 W 50th Ave , Arvada,
applicant, was sworn in by the Mayor and explained his intentions for
the property, i e to build a garage, start a business, and eventually
to buy additional parcels of land Speaking in opposition, and sworn in
by the Mayor was Ross Kuzmych, 4385 Kendall Street He explained he was
the owner of the property to the south he does not believe this is in
compliance with the zoning; there are many other uses this property
could be used for; urged Council to deny this application; business will
have negative impact on the area Mrs Snow asked the applicant if he
would ever repair any large trucks, semis, etc He replied that the
type of property would pretty much prohibit this use and that he mainly
likes to work on automobiles, small pickups, etc Motion by Mr Hobbs
that Council Bill 182, Ordinance No 616, a request to allow major
CITY COUNCIL MINUTES
April 22, 1985
Page -5-
mechanical automotive repair in a Commercial-One Zone District for
property located at 7050 W 38th Avenue, be approved for the following
reasons 1 Staff recommends approval 2 Major automotive repair
would be compatible with adjacent commercial land use and is in
conformance with the Comprehensive Plan With the Following condition
That this site plan, labeled as Exhibit A, be accepted as a condition to
this Special Use Permit, and such site plan be recorded with Jefferson
County Recorder as an Official Development Plan; seconded by Mr Davis;
carried 7-0
UNFINISHED BUSINESS (Postponed from April 8, 1985)
Item 6
Resolution 939 - amending Resolution 915 adopting Salary
Schedule and providing pay grades and pay ranges for fiscal
year 1984 by adding the position of Sales Tax Technician
Resolution 939 was introduced by Mrs Keller; title read by the Clerk
Motion by Mrs Keller for the adoption of Resolution q39; seconded by
Mr Merkl Discussion followed Mr Davis will be voting No because he
is against increase in staff; Motion carried 5-2 with Mr Davis and Mr
FIasco voting No
Item 7
CONSENT AGENDA
A) Motion that $8,756 be charged to account # 32-601-858
(open space) to pay for removal of the foundation, fill and
compaction costs related to the construction of the Senior
Center addition; that the amount of $22,500 be charged to
account # 32-601-858 (open space) for use as a contingency
fund for the Senior Center addition/renovation project
B) Motion that the City accept the right-of-way along the
north side of 44th Avenue east of Kipling from James Chado
c) Motion to purchase a Unimasco paint striping machine, from
Western States Machinery Co , at a total cost of $46,513; a
Ford F-800D dump truck from Mountain States Ford Truck Sales,
Inc , at a total cost of $34,042; and two Chevrolet C-IO
pick-ups, from Fischer Chevrolet, Inc , at a total cost of
$12,971 26, all to be charged to Account No 57-305-807
D) Motion to purchase Chemical Fertilizer for the 1985 season
from SAJ Turf Products, for a total cost of $6,048 to be
charged to Account No 603-660
E) Motion that the City contract with Kucera and Assc , Inc
for aerial photography of the City and production of
orthophoto maps with 2 foot contour intervals and that these
maps be a ta scale of 1 inch=50feet The cost of this work
shall not exceed $44,542 and shall be charged to Account No
31-302-836
CITY COUNCIL MINUTES
April 22, 1985
Page -6-
F) Motion to approve the Change of Trade Name for Skaggs
Companies, Inc , dba Skaggs Drug Center #220, 4260 Wadsworth
Blvd, Wheat Ridge, to "Osco Drug #220", effective May 12,
1985
Motion by Mr Merkl to adopt the Consent Agenda as printed; seconded by
Mrs Keller; Item C) was pulled at Mr Hobbs' request for separate
discussion Motion on A)B)D)E)F) carried 7-0 Item C) was discussed by
Council Rodger Young and John Runik from Public Works answered
questions Tom Suter, sales representative for Western States
Machinery, Littleton, also answered Council's questions regarding the
Unimasco machine Motion by Mrs Keller to adopt Item C) as printed;
seconded by Mr Wilde; carried 5-2 with Mr Hobbs and Mr FIasco voting
No
CITY ATTORNEY'S MATTERS
Decisions regarding Monumentation Contract
Motion by Mr Merkl to go with option 1 (waive the requirement of an
independent $1,000,000 source of coverage, instead being satisfied to be
covered by the company's existing liability policy) and continue with
Sellards & Grigg's insurance policy; seconded by Mrs Keller; carried
5-2 with Mr FIasco and Mr Hobbs voting No
NEW BUSINESS
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 9
Resolution 943 - approving an Industrial Development Project
for International Bancorp, a Colorado Corporation and Regulated
Bank Holding Company, or its assigns, making certain findings
and determinations, primarily approving the issuance of
approximately $2,700,000 principal amount of Industrial
Development Revenue Obligations (International Bancorp Project)
in connection therewith and authorizing representatives of the
City to take action incidental thereto
Resolution 943 was introduced by Mr Davis; title read by the Clerk
Motion by Hr Davis that the Inducement Resolution, found in Section 6,
Page 2 of the attached brochure, for $2 7 million of Private Activity
Bonds for the International Bank of Wheat Ridge be approved, which is in
part based on a review of the site plan that has been submitted;
seconded by Mr Wilde Richard Eason, attorney representing
International Bancorp, gave a brief report regarding Bancorp; stated the
project would be in the Wadsworth Town Center; there will be some
proposed retail development on the rear end of the site; according to
the bank charter this bank has to be opened within 6 months from the
time the charter was approved on March 21st; asked Council for any
questions or comments at this time Motion carried 6-1 with Mr Hobbs
voting No
CITY COUNCIL M
TEQ
April 22, 1985
~~ge -7-
Item lO
CONSENT AG~DA
A) Motion to approve the Transfer of Ownership of
Twenty-Six-Twenty-Five Corporation, dba Paramount
Kipling Street, to J & B Bowling Enterprises, Inc
Class G - Hotel & Restaurant Liquor License
Lanes,
This
2625
is a
B) Motion to approve the Transfer of Ownership from Wheat
Ridge Liquor Company, a corporation dba Wheat Ridge Liquors,
to an individual ownership, to consist of Philip J Fabrizio,
4745 Reed Street This is a Class D - Retail Liquor Store
Liquor License
c) Motion that payment be made to Ralph Ray in the amount of
his invoice of $2,615 49 for the preparation of data in
defense of the Weller law suit, and this amount be charged to
Account 31-302-833
D) Motion to accept the audit and Financial Report as
prepared by Hines, Condon, and Zarlengo, Certified Public
Accountants, for the fiscal year ending December 31, 1984
E) Motion to accept a deed from E George Graul _ Yarrow &
44th
Motion by Hr Merkl to approve the Consent Agenda as printed, Items A)
through E); seconded by Mrs Snow; Mr Hobbs asked that Item E) be
pulled because he had to abstain from voting because he helped to write
up the description for the deed Council agreed Items A)B)C)D)
carried 7-0 Item E) carried 6-0 with Mr Hobbs abstaining
City Attorney, John Hayes, requested that reconsideration of Resolution
940, which was listed under Elected Officials' Matters, be heard at this
time Motion by Mr FIasco that this item be moved up; seconded by Mr
Merkl; carried 6-1 with Mrs Keller voting No Mr Merkl asked that
this be set for hearing at a future agenda and that staff supply more
information at that time Motion by Mr Merkl to reconsider Resolution
940 and put discussion on this for the May 20, 1985 meeting; seconded by
Mr FIasco; carried 7-0
Item 11
Discussion on Qualteri property purchase
Leslie Botham, 3380 Pierce Street, read a letter from the Area Four
Planning Committee, Inc into the record, in favor of purchasing the
Qualteri Site Also in favor of the purchase were letters submitted by
Steven E Jones, Carol Calomino, Patricia Hefner, and Craig and Valerie
Stoneking, which were read into the record by the Clerk Mr Hayes gave
a report on the status of this property and explained that the estate is
asking $300,000 for this site Director of Parks, Richard Bredt, stated
that the City presently had approximately $320,000 in the Open Space
Fund Motion by Mrs Keller that we authorize Mr Palmer to get an
appraisal for the Qualteri property from an MAl appraiser and to report
back within 30 days; seconded by Mr Wilde Discussion followed
regarding other possible park parcels available in the east area of
town Amended Motion by Mrs Keller to add the Brown property (by Clear
Creek & Jellison) for appraisal; second accepted. Mr FIasco suggested
that the motions be separated Call for the question by Mrs Snow;
seconded by Mr Merkl; carried 4-3 with Councilmembers Keller, FIasco,
and Hobbs voting No Motion was split by Council agreement _ Quateri
Property carried 6-1 with Mr Davis voting No Brown Property carried
6-1 with Mr Davis voting No
CITY COUNCIL MINUTES
April 22, 1985
Page -8-
CITY ATTORNEY'S MATTERS
Request by Mr Hayes to hold an Executive Session under Section
5 7(b)(1)(A) and (B) of the Charter
Motion by Mr Merkl to hold an Executive Session under Section
5 7(b)(1)(A) and (B) of the Charter and immediately after the Executive
Session we adjourn; seconded by Mr Davis; carried 7-0
EXECUTIVE SESSION WAS HELD
Meeting adjourned at midnight
~
ty City Clerk
Approved by City Council by a vote of ~ to 0 on May 13, 1985
~
,. lid,
Dan Wilde, Council President