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HomeMy WebLinkAbout05/24/1982 r-1ay 24, 1982 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 Pat Aiello, will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present Leputy City Clerk, Faye Greene, City Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads Charles Stromberg, Rodger Young, Chief Jaquay, staff, and interested citizens Motion by Mr Davis to approve the Minutes of Maj 1u, 1982 with the correction by Mr Lewis that, under Elected Officals Matters, regarding traffic signals, the word "r;lidnight" be changed to "a certain tilile of night, as Arvada and Golden are doing now", seconded by Mrs Ore, carried 8-0 Major Stites read the Proclamation regarding Public Horks Week - [\jay 23 through 29, 1982, and thanked Mr Young on behalf of everyone Citizens Rights to speak Councilmember Clyde Hobbs read a letter he \vrote on ~1ay 14, 1982 to Mayor Stites regarding his objection to the limiting of Councilmembers' rights to speak on quasi judicial legislative matters as writtpn in thp Council Rules of Order and Procedure Albert Perry, 3645 Miller Street, and George Langdon, 3570 Miller Street, spoke regarding increased traffic and vibration problems caused by the 38th Avenue detour The City Engineer indicated that 38th Avenue should be opened this coming Thursday afternoon, or Friday Debbie Zellner, 6280 W 45th Ave, William Ellis, 6280 W 45th Ave Rod Wadman, 448~ Jay, and Judy Brundage, 6302 W 45th Ave, all spoke regarding drainage problems they have encountered for some time by drainage from a vacant field near their homes A petition was submitted with 3D names of residents between West 44th and Hest 4~th, Jay and Newland, requesting Council to direct Public Works to continue the Harlan 3treet Project on 44th to at least Newland ~1r Young indicated it would take additional storm sewer inlets and lines The Mayor stated it would take time but we are aware of and endeavoring to solve these problems PUBLIC HEARINGS AND ORDINANCES ON SECUND READING Item 1 Council Bill 19 - An Ordinance providing for the approval of a rezoning from Commercial-One (C-1) and Agricultural-One (A-1) to Commercial-One (C-1), for land located at approximately 10930 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-1) (1st Bank of i'iheat Ridge) Mr Stromberg gave staff comments, showed slides of the area, and entered documents into the record Maurice Fox, attorney for the applicant, offices at 4465 Kipling, was present, answering questions of Council No one was present to speak in opposition Failed Motion by Mrs Snow that Case No WZ-82-1, 1st Bank of Wheat Ridge, a change of zone from C-1 and A-1 to C-1, at 10930 W 44th Ave be approved for the following reasons a Since there is already an existing commercial building, the parcel can be rezoned, the rezoning with buffers will not create any additional impact on the adjacent residential areas, b there have been no negative referrals, c the Comprehensive Plan indicates neighborhood commercial zoning with conditions to protect the neighboring residents to be considered consistent with the Comprehensive Plan, d the existing A-1 parcel is too small to be utilized for agricultural use even if the existing buildings were removed -- with the fOllowing conditions 1 That 12 foot landscaping setback be utilized to the east and south to separate the commercial structure from the adjacent residential areas, and that a 15 foot landscape setback with screen separate the commercial on-site parking from adjacent residential areas, 2 that any additional building on the 45 foot parcel be1ng CITY COUNCIL MINUTES ~1ay 24, 1 '182 Page -2- rezoned at this time not exceed 35 feet in height so as not to further impact existing residents on the south and the duplexes to the east, failed for lack of a second Motion by Mr Hobbs that Council Bill 19, (Ordinance 494) a request for approval of a change of zone from A-1 and C-1 to C-1 at 10930 ~ 44th Ave be approved for the following reasons The proposed zone district would be compatible with adjacent zoning and land use, there have been no negative referrals, the Comprehensive Plan indicates neighborhood commercial, thus there is a consistency with the Comprehensive Plan, and there are obvious changed conditions along d 44th Ave in this vicinity with those changing from predominantly agricultural to predominatly commercial, seconded by Mr Lewis, carried 7-1 with Mrs Snow voting No because there is no condition requiring a buffer between the residential area to the east and south Item 2 Application for a new Class T -Tavern Liquor License (with extended hours) for Sierra Vista Lounge, Inc , dba Sierra vista Lounge, 9751 W 49th Ave, Wheat Ridge, Colorado Lawrence Levin, attorney for the applicant, 110U Broadway, George Dayton, 5144 Hoyt Ct , Arvada, f'1anager for the bowling alley, Joseph Ewert, 2860 S Wabash Circle, President, Sierra Vista, Inc , Donna Gieck, 39UO Newman, housewife and bowler, and Richard Orcutt, 10033 A 30th Ave , spoke in favor of the licenSing No one was present to speak in opposition Motion by Mr Aiello that a new Class T -Tavern Liquor License for Sierra Vista Lounge, Inc dba Sierra Vista Lounge, q751 d 49th Ave, Wheat Ridge, be granted for the reasons stated by the City Attorney and with the address correction of George Dayton on the application, seconded by Mr ~lerkl, carried 8-0 Item 3 -- Council Bill 18 - An Ordinance vacating a portion of Kline Street, located south of West 44th Avenue within the City of Wheat Ridge, Colorado, as more fully described herein (Case No WV-82-1) Mr Stromberg gave staff comments, showed slides, and entered documents into the recora, and requested that Paragraph 2 in Section 2 of the Ordinance (which was inadvertently picked up) be dropped from the motion No one was present to speak in opposition Discussion followed regarding access to and servicing of the property and possible future subdivision of the property Motion by Mr Merkl that Council Bill 18 (Ordinance 495), a request for a vacation of the 3900 block of Kline Street, be approved for the following reasons and with the following conditions Kline Street is unnecessary at this location and vacation will not deprive any person of access to a public street, Planning Commission and Staff recommend approval, there have been no negative referrals, that a 10 foot wide easement be reserved along the western boundary for open space, trail and pathway purposes, and that Section 2, paragraph 2, be stricken in its entirety from the Ordinance, seconded by Mr Hobbs, carried 8-0 Item 4 Council Bill 20 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by repealing and reenacting Section 2-'1 thereof, creating the posi tion of Director of Finance, and amending Section 2-10 of the Code of Laws of the City of Wheat Ridge to provide for a Personel Assistant The Mayor introduced Doris Smith and Rod Killian, of the Personnel Commission Mr Killian, chairperson, spoke in favor of creating the position of Director of Finance and Personnel Assistant Discussion ensued regarding position and salary of Personnel Director vs Treasurer Failed Motion by Mr Lewis, seconded by Mr Hobbs, that this item be continued until such time that Mr Palmer comes in with a whole reorganization plan, so that we can see exactly where we are going, Failed 6-2 .lith Councilmenbers Davis, Burt, Herkl, Ore, Aiello, and Snow voting No Motion by Mr Burt that Council Bill 20 (Ordinance 496) be approved on 2nd reading, seconded by Mr Aiello, carried b-2 with Mr Lewis and Mr Hobbs voting No for the reason that the continuance motion failed CITY COUNCIL MI~UTES Hay 24, 1982 Page -3- NDi BUSINESS I tern 5 Council Bill 21 - An Ordinance amending Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to parking of ~emitractor Trailer Trucks Council Bill 21 was introduced on first reading by Mrs Ore, title read by the Deputy City Clerl,( Council concerns were with regard to "agricultural'; "parking" and the definition of "commercial sernitractor trailer trucks" Failed Motion by Mrs Snow that Council Bill 21 be withdrawn, brought back in 2 weehs with amendments and definitions from Mr Hayes, failed for lack of a second Motion by Mrs Snow that we continue Council Bill 21 for three weeks and have the City Attorney bring it back with new definitions, seconded by Mr Hobbs, carried 6-2 with Mrs Ore and Mr Aiello voting No, as they felt the ordinance is acceptable in its present form Item 6 Consent Agenda A Motion to approve Judge's List and payment of $50/ea for judges, and pay for June 22,1982 election B Resolution 788 - Amending Resolution 745, adopting salary schedule and providing pay grades and pay ranges for Fiscal Year 1982 (Finance/Budget Assistant) C Resolution 7JY - Authorizing appointment of Deputy City Treasurer D Resolution 790 - Providing for budget transfer within the Annual Budget to fund Physical Fitness Program for police officers E Motion to approve appoint~ent of RoseMary Zamboni to the Police Advisory Committee f Motion to submit offer to landowners for proposed Wadsworth Town Center Park Motion by Mr Aiello to approve Items A and E with the change that was passed out by the Deputy City Clerk on-Item X to approve the election judges, their payment of $50 each "and approve payment of the upcoming election", seconded by i~rs Snow, car ied 3-0 Band C - Motion by Mr written, seconded by Mr voting No Merkl to adopt Resolutions 788 and 789 as Burt, carried 6-2 with Mr Hobbs and Mr Lewis Q - Franh Cosolo, Harold Kilthau and Art Gardner of the Civil Service Commission were present Mr Gardner said this item was discussed with the Commission and their consensus is that it would be a good program Chief Jaquay was present, answered questions of Council and stated they woulj set standards and develop data during this first year Failed Motion by i~r Lewis that this prograifl be available to ttle other city employees, seconded by Mr Hobbs, failed 0-2 with Councilmembers Davis, Burr" I"lerkl, Ore, Aiello, and Snow voting No, their reasons includinrs that we shoulj look at the highest risk group first and the cost factor involved Motion by Mr Aiello to adopt Resolution {90, seconded by Mrs Ore, carried 8-0 F - t'i a r y J 0 C a v a r r a, r e pre s en tin g vJ R II R A, sa i d the y f a v 0 red the pur c has e , It is a good way to get the two areas connected, that the park could be used at a later time, and consideration of reimbursing Open Space fund at a later time Randolph Currier, 7505 W Yale Ave, was called upon to clarity some points concerning the offer He stated the well permit allows a Inax il1u!ll flow of 15 gal/min and will have to be tested for actual flow, and he would like to see some action taken on his 1 1/4 in water tap offer of $15,000 CITY COUNCIL MINUTES Hay 24, 1982 Page -4- fvlotion by Mr Burt that a firm offer be made to Randall Currier and Roger Barsch, as owners and representatives of all additional owners of approximately 30,497 7 sq ft of property located generally at 402J and 4084 Jadsworth Blvd between the Wadsworth Town Centers and purchase said property for the sum of $160,000, said property to be used as a park within the Wadsworth Town Center and would further move that the City Attorney, in conjunction and cooperation with the Jefferson County Attorney, prepare all necessary contracts to effect the purchase of said property, subject to verification of square footage and legal description of the properties conveyed, and further, contingent upon the acceptance of the offer for the park land itself, and additional offer be made to Mr Currier for his tap for the exact price we would have to pay for a comparable tap, up to $15,000, and, in addition, the City Administrator be authorized to extend an offer of $2,690 for the well, subject to it being proven to provide adequate flow, so that the amount of money is reasonable for the amount of water provided, seconded by Hr Aiello, carried 5-3, with Councilmembers Davis, Hobbs, and Lewis voting No, because Mr Hobbs and Mr Lewis felt this is premature with the economic conditions the way they are and that Open Space funding should have been addressed Item 7 Resolution 791 - Specifying the duties of the City Attorney Motion by Nr Aiello carried 7-1 with Mrs good job and did not reviewed by the City through their review to adopt Resolution 791, seconded by Mrs Ore, Snow voting No as she felt the City Attorney did a need instructions and that initiatives should be Attorney at City level as the State requires office at the State level CITY ADMINI3TRATOR'S MATTERS Tom Palmer made official the appointlnent of HO\vard Jaquay as Chief of Police for the City of Wheat Ridge as of this date CITY ATTORNEY SMATTERS John Hayes made reference to the lawsuits of B & N Enterprises and Pascal Construction, the Fire District as it relates to WRURA, and his legal opinion with regard to the Merat petitions which he turned over to the City Clerk s Office tonight Failed Motion by Mr Lewis to suspend the Rules and continue with the Agenda, seconded oy Mr Yobbs, failed 5-3 with Councilmembers Davis, Burt, Merkl, Ore and Aiello voting No t'leeting adjourned at 11 05 p m ~ . ,L-/ --, ~. 0 L-----v.!;;)L --- ~/.-(.i -f:, '- 1 '~___ Faye ureene, Deputy City Clerk FG, chj,