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HomeMy WebLinkAbout12/21/1981 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 21, 1981 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Carol Hampf, City Treasurer, James Malone, City Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads Hugh Brown, Ed Pinson, and Rodger Young, staff, anj interested citizens Mr Lewis requested December 14, Item 4 Motion by Mr Davis Burt, carried 8-0 that there be a correction in the Minutes of - show that Mr Lewis voted No, not Mrs Snow, to approve the Minutes as amended, seconded by Mr Mayor Stites administered the Oath of Office to Carl Schulhoff of the Arborist Board PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 1 - An Ordinance amending Section 12 of Appendix A, Planned Residential Development District, of the Code of the City of Wheat Ridge, Colorado Mr Stromberg gave the reasons that the Ordinance had been proposed Motion by Mr Aiello for the adoption of Council Bill No 1 (Ordinance 481), seconded by Mr Burt, carried 8-0 ORDINANCES ON FIRST READING Item 4 Council Bill 6 - An Emergency Ordinance repealing and reenacting Chapter 3A, Amusements, of the Code of Laws of the City of Wheat Ridge, and repealing Ordinances 469 and 470 of the City of Wheat Ridge, declaring an emergency requiring an adoption of said ordinance, and providing a penalty for violation thereof Mr Hayes explained that an Emergency Ordinance was necessary, since the moratorium was about to expire and a regular ordinance will be brought in later Motion by Mr Merkl for the adoption of Council Bill 6 (Ordinance 482), ordered pUblished, and have it take effect immediately with the following amendments 1 Section 3A-3 (6) to read "The number of amusement devices to be maintained at the amusement arcarde or amusement center, and ---" 2 Section 3A-4 (4) add to the last sentence "located using a route of direct pedestrian access, or---" and (6) "That the proposed amusement arcade is located within one thousand feet of any other amusement arcade Said distance to be computed by direct measurement from the nearest property line of the land used for arcade purposes to the nearest portion of the building in which the amusement arcade is located, using a route of direct pedestrian aCCess" 3 Section 3A-7 (4) last sentence be amended to read "Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for imposition of a fine or penalty as provided and for revocation or suspension of tne license granted pursuant to this chapter" 4 Section 3A-ll be amended to read "No amusement arcade license pursuant to this chapter shall allow operation of any amusement device between the hours of 12 01 a m and 8 00 am, Original Motion by Mr Merkl, seconded by Mrs Ore, Amending Motion by Mr Merkl, seconded by Mrs Ore, Amendment carried 8-0 Motion as amended carried 8-0 CITY COUNCIL MINUTES Item 2 December 21, 1981 Page -2- Council Bill 4 - An Ordinance amending a portion of Section 25, Appendix A, Nonconforming Lots, Uses, and Structures, of the Code of Laws of the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 4 was introduced by Mr Aiello, title read by the Clerk Motion by Mr Aiello that Council Bill 4 be approved on first reading, ordered pUblished, public hearing be set for Monday, January 25, 1982 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading take effect 1 day after final publication, seconded by Mr Davis, carried 8-0 Item 3 Council Bill 5 - An Ordinance amending Chapter S, Buildings, Section 5-94 of the Code of Laws of the City of Wheat Ridge, by adding Section 5-94 01, Public Improvements Required Amended Motion to approve Council Bill 5 on first reading, order it published, public hearing be set for Monday, January 25, 1982 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication with the fOllowing amendments 1) that there be added, that if it is determined by the Department of Public Works that such Public Improvements be placed at a later time, a Development Agreement will be executed, and 2) that paragraph 3 be deleted in its entirety Original Motion by Mr Davis, seconded by Mrs Ore First Amendment by Mr Hobbs, seconded by Mr Merkl, carried 8-0 Second amendment by Mr Hobbs, seconded by Mr Burt, carried 5-3, with Councilmembers Davis, Merkl, and Ore voting No Motion as amended carried 7-1, with Mrs Snow voting No Item 5 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution 761 - Abolishing City Council Street Committee Amended Motion for the approval of Resolution 761 and ask Council to direct the Public Works Department to bring a complete street plan to Council for the first meeting in March and have the proposal bid no later than April 1, 1982 with the amendment that in paragraph 3, the words "should simply" be deleted and add the word "shall" Original Motion by Mr Aiello, seconded by Mrs Ore, Amendment by Mr Lewis, seconded by Mr Hobbs, carried 8-0 Motion as amended carried 6-2 with Mr Hobbs and Mr Lewis voting No Failed Motion by Mr Davis that the Resolution become effective with the 1982 Street Program, seconded by Mr Merkl, Failed 4-4 with Councilmembers Burt, Hobbs, Ore, and Aiello voting NO Item 6 Resolution 7b2 - Authorizing reimbursement from the City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund for land at 4020 and 4084 Wadsworth Blvd in Wheat Ridge for Parks and Open Space purposes Leslie Botham, 3380 Pierce, and Lillian Fleming, 6363 W 29th Ave, were sworn in and both spoke in opposition to using Open Space funds for this park purchase Motion by Mrs Ore for the adoption of Resolution 762 with the following amendments 1 that a new paragraph 3 be added to read "WHEREAS the Wheat Ridge Urban Renewal Authority has recommended that these funds be utilized for purchase of the Town Center Park" and 2 that in the now paragraph 5 the word "possible" be added before the words "aquisition of real property", seconded by Mr Aiello, carried 5-3 with Councilmembers Hobbs, Lewis, and Snow voting No Item 8 was called for in Order that the Executive Session could be held as there were citizens waiting for this decision Motion by Mrs Ore to hold an Executive Session regarding a Real Estate Appraisal under Section 5 7(b)(3) of the Charter, seconded by Mr Aiello, carried 8-0 EXECUTIVE SESSION was held and the meeting resumed CITY COUNCIL MINUTES December 21, 1981 Page -3- Motion by Mr Aiello that Council authorize the purchase of the property described as the Mauro property, located at 38th and Depew on the SW corner for a purchase price of $45,000 and authorize the Administrator to transfer funds for this purchase, seconded by Mrs Ore, carried 7-1 with Mr Lewis voting No Failed Amendment by Mr Lewis that before we continue with this Motion, we consider negotiating with the property owner on the east side of Depew Street at 38th Avenue, to get enough width to put in the same width road at Depew Street on 38th Ave as we have on Depew Street on 35th Avenue, seconded by Mrs Snow, Failed 3-5 with Councilmembers Davis, Burt, Merkl, Ore, and Aiello voting No Item 7 A Resolution 757 - Authorizing City Treasurer to establish an account known as City of Aheat Ridge WRPD Bond Trust Account at the 1st Bank of Wheat Ridge, Wheat Ridge, Colorado B Resolution 758 - Authorizing the Board of County Commissioners of Jefferson County, Colorado, to issue Revenue Bonds for the purpose of providng adequate residential housing facilities for low and ~iddle income families and persons on behalf of the City of Wheat Ridge (Authorizing wheat Ridge allocation into the County) C Resolution 759 - Adopting the By-laws of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) (Self Insurance Program) D Award of Bid for Janitorial Services E Motion to approve addition to Curb, Gutter, and Sidewalk Program, as instructed by Council F Resolution 763 - Providing for budget transfer within the Annual Budget Motion by Mr Merkl for the adoption of the Consent Agenda as printed, seconded by Mrs Ore Following discussion as to requirements of the Charter and Council procedures, the vote was 6 in favor, 1 No, Mr Lewis, and Mrs Snow not voting Council President brought up a memo from the City Clerk regarding a Liquor License change for Pietra's Pizzeria at 9045 W 45th Ave Request is for a Class G , Yotel & Restaurant Liquor License, whereas at present they have a Class F, Beer and Wine License Motion by Mr Hobbs that a Public Hearing on this application be set for January 25, 1982, and that the neighborhood be set at a 1-mile radius Hearing to be in City Council Chambers at 7 30 p m on the above date, seconded by Mrs Ore, carried 3-0 MAYOR'S MATTERS Motion by Mr Lewis that we retain Mr Zarlengo and Mr Danz for the next 2 years as our Municipal Judge and Deputy Municipal Judge, seconded by Mr Hobbs, carried 8-0 Motion by Mr Merkl that we retain Law Firm of Martin, Burke, Looser, in the 1982 budget, seconded by Mr John Hayes as City Attorney from the and Fitzgerald at the amount stated Davis, carried 8-0 CITY ATTORNEY'S MATTERS Mr Hayes reviewed the Pascal lawsuit and requested authorization to continue Motion by Mr Merkl that City Attorney be authorized to write to Pascal and advise them that City Council will not recognize their claim for changing conditions, based on legal advice and engineering advice given them and that Pascal are expected to complete the contract according to its terms including the price and if they wish not to do so to advise us at this time, so that we might proceed Also to authorize Mr Hayes to file a counter suit against Pascal for all costs to the City, costs of delay, attorney's costs, and other costs involved, seconded by Mrs Ore, carried 8-0 CITY COUNCIL MINUTES December 21, 1981 Page -4- CITY COUNCIL MATTERS Discussion of the Ecology Pond near Everitt Junior High School and the possibility of letting some of the water out of it Director of Public Works, Rodger Young, was asked to contact the Jefferson County Public Schools Motion by Mr Hobbs that if Mr Young finds that there is no problem that we immediately release some of the waters, seconded by Mr Merkl, carried 8-0 Item 9 Resolution 760 - Endorsing and recommending Kay Ore to serve on the Colorado Municipal League Executive Board Motion by Mr Merkl for the adoption of Resolution 760, seconded by Mr Aiello, carried 7-1, with Mrs Snow voting No COMMISSIONS' AND COMMITTEES' MATTERS I tern 10 Motion by Mrs Ore to appoint Bill Bowman and Rogene Burcham to the Election Commission, terms to expire December, 1983, seconded by Mr Aiello, carried 8-0 Meeting adjourned at 10 45 p m 1 1 f';;;-:c'<' / ;(' ic /__-.l: / Carol F Hampf, Cit~ fJerk CFH, chj, APPROVED