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Home My WebLink About12/13/1982 December 13, 19<32 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADQ 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, L::ury Merkl, K8.Y Ore, and Nq,ncy Snow Also present City Clerk, Carol Hampf, City Treasurer, Jim Malone; City AdT11inistrator, Tom Palmer; City Attorney, John Hayes, Department Heads Chief Jacquay, and Charles Stromberg; staff, and interested citizens Motion by Mr Merkl for the 1982, seconded by Mr Burt; No, and Mr Aiello and Mrs present for that meeting approval of the carried 4-2, !I[r Ore abstaining, Minutes of November 22, Lewis and Mr Hobbs voting since they had not been Mayor Stites administered the Oath of Office to Boyd Adsit, Board of Adjustment, Maybelle Rossilon, Arborist Board, and Louis Longo, Planning Co mmission CITIZENS' COMMENTS Anthony Flasco, 4440 Reed Street, and Louis Longo, 4425 Reed Street, spoke in opposition to the installation of the propane station at 44th & Vance Mr Hayes will look into the legalities Mary E Smith, 4350 Dover, asked for a reconsideration of the denial of her minor subdivision application and stated that she was willing to accept a 2-lot minor subdivision at this time Motion by Mr Merkl that we reconsider the application bV Marv E Smith for q,pproval of a 3-lot minor subdivision on property located at 4350 Dover Street, Case No M3-82-4; seconded by Mrs 3now Request by Mrs Ore to abstain since she hadn't been present for the public hearing failed on a 6-1 vote with iVIr Rn rt; 'lot i n~ No A 11'1Qni'TI01)Ci 'Jot? is required nl[r r~erkl' 3 illot.cJn carried 5-3 with Councilmembers Lewis, Aiello, and Hobbs voting No Mr Lewis stating he was voting No because he had voted No on the case at the previous meeting Motion by Mr Merkl that MS-82-4 be referred hack to the Planning Commission for consideration as a 2-10t minor subdivision; seconded by Mrs Snow, carried 5-3 with Councilmembers Lewis, Hobbs, and Aiello voting No PUBLIC HEARINGS AND ORDINANCES ON SECDND READING Item 1 Reconsideration of application for a new Class J-1 -3 2% Beer license for Kerry M Svaldi, dba Kipling 70 Standard Station, 4901 Kipling Street Kerry Svaldi, applicant, was present and submitted his own surveys and letters from local businessmen requesting that he be given a beer license Motion by Mr Aiello for the granting of this license based on the additional surveys including 40 in favor, 10 opposed, and 12 no opinion; seconded by Mr Lewis; carried 5-3 with Councilmembers Burt, Merkl, and Hobbs voting No Mr Merkl stating that he felt a need had not been shown, Mr Burt stating there were already 4 outlets in the 1-mile radius, and Mr Hobbs stating that the City survey had shown 29 in favor; 61 opposed; and 39 no opinion CITY COUNCIL MINUTES December 13, 1982 P'l,qe - 2- Item 2 Council read by Bi 11 41 Item 3 Council Bill 41 - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to Taxation of Telephone Bxchanges Bill 41 was introduced on the Clerk ~otion by Mr (Ordinance 516); seconded second Ai ello by Mrs reading by Mr Aiello, title for the adoption of Council Ore; carried 8-0 Council Bill 42 - ~n Ordinance providing for the approval of a Special Use Permit in a Commercial-One (C-1) zone on land located at 9100 West 45th Place, Wheat Ridge, Colorado (Appeal from Planning Commission Denial) (Case SUP-82-8) (John Tighe) Council Bill 42 was introduced on second reading by Mr Merkl; title read by the Clerk Mr Stromberg showed slides and gave the staff report Applicant John Tighe, 14220 W 58th Ave, was present and presented his case C J Herbertson, 9147 W 45th Place, spoke in opposition Motion by Mrs Ore that Council Bill 42, a request by John Tighe for approval of a Special Use Permit to allow the operation of a garage for the repair and servicing of motor vehicles entirely within an enclosed building at 9100 W 4~th Place be denied for the following reasons 1) the property is within the City of Wheat Ridge and therefore there is jurisdiction to hear the case, 2) all posting, publishing and notification requirements h9.ve been met, 3) the proposed use across the street from residential dwellings is not compatible with the existing and future land uses of the neighborhood, 4) parking for the requested use is inadequate and prolonged parking and storage, if required, is excessive and unscreened, 5) the requested use is not compatible with adjacent existing land uses, 6) both Planning Co~uission and staff reco~mend denial, ~econded by Mr Burt, carried ~-O Application denied It was further stated that deni'll was vntp.(l np.08J18P. space is limited, the property faces a residential area that is not compatible, the noise and parked cars are not suitable and that 0-1 zoning is not okay by itself unless there are mitigating circwustances Item 4 -- Council Bill 43 - An Ordinance amending Sections 10-5, 10-6, and 10-12 of the rode of L'lwS of the City of Wheat Ridge, relating to Improvement Districts Council Bill 43 was introduced on second reading by Mr Merkl, title read by the Clerk Motion by r~r l1erkl for the adoption of Council Bill 43 (Ordinance 517) on second reading, seconded by Mr Aiello, carried 8-0 December 13, 1982 P'3.ge - 3- ~ITY COUNCIL MINUTES Applic'3.tion by Pizza Hut for approval of '3. Site Plan for property located at 4202 W'3.dsworth Blvd (Case No WSP-82-2) (Eagle Land Company) Mr Stromberg gave the staff report David Luxton, 427 14th Ave, Greeley, Colorado, was present, representing Pizza Hut Corporation Motion by Mrs Snow that case number WSP-82-2, a request for approval of site plan for Pizza Hut Restaurant, located at 4202 Wadsworth be accepted and approved for the following reasons and stipulation AI there is compliance to the Town Center Master Plan, the Urban Renewal Plan, and the zoning ordinance; except that a variance has been granted for the addition in the specified location and staff recommends approval, seconded by Mrs Ore; carried 8-0 Item 5 Item 6 Application by Robert Poole for approval of a 2-lot minor subdivision for property located at 12355 W 38th Ave (Case No MS-81-7) Mr Stromberg gave the staff report Robert Poole, applicant, oT 2201 Kipling Street, Lakewood, presented his case Motion by Mr Hobbs that Case No MS-81-7/Poole, a request for a 2-lot minor-Subdivision be approved for the following reasons and conditions Planning Commission and staff recommend approval, all Planning Commission conditions and subdivision requirements have been met; there are no negative referrals for this subdivision, and the applicant not be required to add to the plat the status of the ditch and intent to abandon as it apparently has been abondened; seconded by Mr Burt, carried 8-0 Item 7 ----- Consideration to create an Urban Renewal District and adont an Urban Renewal Plan for the Kipling Activity Center in the vicinity bordered by West 51st Avenue on the north, Garrison Street on the east, Clear Creek on the South, and Miller Street on the west (Motion to tahle/postnone ner 00nsensus at Study Session of 12/6/32) ... Motion by Mr Aiello to Table the consideration of the Urban Renewal until after the January 8tudy Session, seconded by Mr Hobbs, carried 8-0 OLD BUSINESS Item 8 Resolution 321 - Authorizing the Mayor to execute a Service Contract with the Wheat Ridge Fire Protection District Tom Woodford, attorney for the vrneat Ridge Fire District, 3645 Moore Street, was present and stated that the Fire District is in agreement with this contract Motion by Mr Davis for the adoption of Resolution 821, seconded by Mr Burt, carried 6-2 with Mr Lewis and Mr Hobbs voting No CITY COUNCIL MINUTES December 13, 1982 P8.ge -4- Item 9 --- Resolution 822 - Authorizing the City Administrator to send a Letter of Intent to withdraw from Social Security Amended Motion for the adoption of Resolution 822 and authorize the Mayor to sign it with the amendment that the last portion be amended to read "that if a subsequent Resolution affirming this action is not passed by October 1, 1983, the City Administrator will send a letter to the Social Security Administration by October 10, 1983, to that effect " Original Motion by Mrs Ore; seconded by Mr Burt Amending Motion by Mrs Snow; seconded by Mr Merkl Amendment carried 7-1 with Mr Aiello voting No Motion as amended carried 7-1 with Mr Lewis voting No NEvi BUS Il'l"ES S Item 1 0 Consent Agenda A Resolution No 823 - Authorizing the Mayor to sign the Intergovernmental Agreement entitled "Agreement Regarding the Design and Installation of a Flood Detection Network for Lena Gulch" (82-2 3) B Council Bill 44 on first reading - An Ordinance providing for the approval of rezoning from AiSricultur'il-One (A.-1) to Planned Commercial Development (PCD) and approval of a Combined Preliminary and Final Development Plan and Plat on land located at' approximately 4880 Robb Street (~ase w) WZ-82-2) (Five K Investment Company) C Resolution 824 - Approving transfers from the Unallocated Fund balance to the Operating Budget and an Account Transfer 'Ni thin the Cflpi tal Illprovement Fund D Award of Bid for Lubrication Equipment for Public Ivorks E Award of Bid for Janitorial Jervices F Request for out-of-state trip to 1983 National Disaster Manaf-ement Conference Motion by Mr Aiello for the adoption seconded by Mr Burt, request by Mrs C and F Motion therefore for Items of the Consent Agenda as printed, Snow and Mr Lewis to pull Items A B D and E ; carried 8-0 Mrs Snow asked if it was appropriate for her to vote on the flood detection network for Lena Gulch agreement since she has property on the Gulch Mr Hayes stated that it was more of a total City circumstance not an individual circumstance Motion by Mr Merkl for the adoption of Item C; seconded by Mr Aiello Mrs Snow requested to separate out the first item on the transfer resolution This was done The Vote on Item 1 of the Resolution; 7-1, with Mrs Snow voting No; vote on items 2, 3, 4, and 5, of the Resolution carried 7-1 with Mr Lewis voting No Mrs Snow stated the reason for her vote on the first item is that she is opposed to the City's support of the Carnation Festival CITY COUNCIL MINUTES December 13, 1982 P3.ge - 5- Item F - Motion by Mr Merkl to approve the attendance by Jack Prose and Ed R3.Y at the Disaster Manapement Conference located in Orlando, Florida, on January 14, 15, and 16, 1983 to be funded from the Civil Disaster Account 124-799, not to exceed $1500 and that this be an additional trin for Mr Prose on top of any other conference that he would normally ~ attend; seconded by r1r Aiello; carried 6-2 '.vi th Mr Lewis and Mrs Snow voting No CITY ADMINISTRATOR'S MATTERS Mr Palmer announced that they are hoping to have the ribbon-cutting opening of the Wadswort~ Town Center and Park'n'Shop connector road on December 23 CITY ATTORNEY'S MATTERS 1) Mr Hayes said that the B % N law suit will be heard in District Court on December 21, all day 2) He requested an executive session Motion by Mr Hobbs to have the Executive Session under Section 5 7(b) (1) legal consultation and on the first item all Councilmembers attend and on the second item Mrs Snow not attend; seconded by Mrs Ore; carried 7-1 with Mrs Snow abstaining ELECTED JFFICIALS MATTERS Mayo r St i tes asked 11r Malone to report on the year's revenues He stated that we are 16 percent ahead of last year (this being in inflated dollars) and that we have earned approximately $900,000 interest on our monies to date this year Mr Lewis asked if the law suit on the boilers had neen filed Mr Hayes said we may not be 8.ble to h8.ve '1 slJffi "i eni- "v 1. tnes:') anf! I,Ti 11 nnt file unless he feels we can win the suit Mrs Dn~w requested for the February Jtudy Session items on increase in Arcade License fees, tax on movies, tax on entertainments, and a rooms i e "bed" tax Mr Aiello brought up the interviews for the City Clerk position It was determined they are to be on December 20, beginning at 7 )0 p m Executive Session was held Meeting 8.djourned at 11 30 pm ~7 Carol F CFH, chj, /