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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 -2- 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