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HomeMy WebLinkAbout02/14/1983 Februarv 14. 198~ 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, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Kent Davis was out of town Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Richard Bredt, Chief Jaquay, Rodger Young; and interested citizens Motion by Mr Merkl for the approval of the Minutes of January 24, 1983, seconded by Mrs Ore; carried 5-2 with Mr Lewis and Mr Hobbs voting No PROCLAMATION OR CEREMONIES Oath of Office was administered by Mayor Stites to Mrs Marilyn Martin as Urban Renewal Authority member, replacing Mary Jo Cavarra Mayor Stites proclaimed the week of February 13 - 19, 1983 as "U S JAYCEETTE WEEK" CITIZENS RIGHT TO SPEAK No one was present to speak under citizens' comments PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for a new Class J-l 3 2% Beer Retail License for Pester Marketing Co , dba Pester, 5190 Ward Road, Wheat Ridge The following persons were sworn in by the Mayor for testimony Robert Bailev, 198 Union Blvd, represented the applicant Jack Scurlock, 7714 South Elizabeth Way, Littleton, Vice President of Pester, elaborated on Pester s background Jim Risden, 6442 West Morraine Pi , Littleton, spoke in favor of applicant Max Scott, 2902 5th Street, Boulder, spoke regarding the survey his company, Oedipus Inc , Boulder, conducted for the applicant Also speaking in favor of Pester were the following Beverlv Grasso, 6521 Welch Ct , Arvada; Nancv Petralia, 6480 Wright Street, Arvada; David Van Kenren, 5171 Beech Street, Arvada; A. J. Weaver, 5343 Arbutus St ,Arvada Five exhibits were entered into the record Motion by Mr Burt to approve the 3 2% Beer License for Pester Marketing Company dba Pester, 5190 Ward Road; seconded by Mrs Snow; carried 7-0 CITY COUNCIL MINUTES Item 2. February 14, 1983 Page -2- Application for a Special Events Permit for the sale and consumption of malt, vinous and spirituous liquor to the Sons of Italy in America, at the location of 5955 West 38th Avenue, on Saturday, February 26, 1983 Mr. Henrv J. De Nicola, Event Manager, 2232 South Raleigh, Denver, was present for testimony and sworn in by Mayor The liquor license will be used in conjunction with the gaming permit Motion by Mr Aiello to approve Special Events Permit for liquor license for Sons of Italy in America, Lodge #2075, 5955 W 38th Ave, Saturday, February 26, from 6 00 P M to February 27, 2 00 AM, seconded by Mrs Snow, carried 7-0 NEW BUSINESS Item ~. Council Bill 47 on first reading - An Ordinance amending Sections 4-5 and 4-13 of the Code of Laws of the City of Wheat Ridge by providing for Rabies Vaccination and Licensing of Cats Council Bill was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 47 be approved on first reading, ordered published, public hearing set for Monday, February 28, 1983, 7 30 PM, in City Council Chambers, Municipal Building and, if approved on second reading, take effect 1 day after final publication, seconded by Mrs Snow, carried 7-0 Item 4. Council Bill 48 on first reading - An Ordinance providing for the Approval of Rezoning from Residential-One (R-l) and Commercial-One (C-l) to Planned Commercial Development (PCD) and approval of an Outline Development Plan for land located at approximately the Southeast Corner of Kipling Street and West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-15, Einarsen) Council Bill was introduced by Mrs Snow, title read by the Clerk Motion by Mrs Snow that Council Bill 48 be approved on first reading, ordered published, public hearing be set for Monday, April 11, 1983, 7 30 PM, in City Council Chambers, Muncipal Building, and if approved on second reading, take effect 10 days after final publication; seconded by Mr Lewis; carried 7-0 February 14, 1983 CITY COUNCIL MINUTES Item 5. Page -3- Council Bill 49 on first reading - An Ordinance repealing and reenacting Sections 2-17(b), 2-17(d), 2-17(e), 2-18(e), and 2-23(c) and repealing Section 2-17(c) of the Code of Laws of the City of Wheat Ridge relating to the number of members of the Board of Adjustment and Building Code Advisory Board Council Bill was introduced by Mr Aiello, title read by the Clerk Motion by Mr Aiello that Council Bill 49 be approved on first reading, ordered published, public hearing be set for Monday, February 28, 1983, 7 30 PM, in City Council Chambers, Municipal Building and, if approved on second reading take effect 15 days after final publication, with the following changes Section 2-17(b) to read--except the Board of Adjustment shall require the presence of 6 members at each meeting to constitute a quorum, and 6 affirmative votes shall be required to adopt a motion of the Board of Adjustment for granting a variance, special exception or temporary use; and add to Section 2-18(e), "except Board of Adjustment", seconded by Mr Lewis Amended Motion by Mr Lewis to change the 6 votes to 5; died for lack of second Amended Motion by Mr Lewis that if a person abstains, the minimum required votes will be lessened per abstainment; seconded by Mr Burt Motion to amend Mr Lewis amendement by Mr Merkl that this requires 75 percent of the vote; seconded by Mrs Snow; carried 6-1 with Mr Lewis voting No Amendment by Mr Lewis carried 5-2 with Mr Lewis and Mr Hobbs voting No Original Motion as amended carried 6-1 with Mr Hobbs voting No Item 6. Council Bill 50 on first reading - An Ordinance repealing and reenacting Section 2-24(h), 2-24(i), 2-24(j), and 2-24(k) of the Code of Laws of the City of Wheat Ridge for the purpose of renumbering said Sections, said Sections relating to Minor Subdivision Plats, and Public Hearings on Special Use Permits Council Bill was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 50 be approved on first reading, ordered published, public hearing be set for Monday, February 28, 1983, 7 30 PM, in City Council Chambers, Municipal Building and, if approved on second reading, take effect 15 days after final publication, seconded by Mr Hobbs; carried 5-0 Item 7. Resolution 830 on first reading - Superseding Resolution 829, Series of 1983, Resolution establishing a Public Hearing for consideration of an Inducement Resolution relating to Proposed Industrial Development Revenue Bonds for a Project to be undertaken by Prime Rate, Inc Motion by Mr Hobbs that the pUblic hearing on the Proposed Industrial Development Revenue Bonds be postponed until February 28, 1983; seconded by Mr Merkl; carried 4-1 with Mr Lewis voting No CITY COUNCIL MINUTES FEBRUARY 14, 1983 Page -4- Item 8. Consent Agenda A Acceptance of Deed from June B Schaap for Park Purposes B Award of Bid for Computer Terminal for Public Works C Award of Contract for Engineering Services for the Design and Construction Managment for the Reconstruction of 32nd Avenue between Wadsworth Blvd and Pierce D Award of Bid for Hooklift Hydraulic Dump Attachment for Parks Department Motion by Mr seconded by Mr Burt for the adoption of the Consent Agenda as printed, Aiello, carried 6-1 with Mr Lewis voting No CITY ADMINISTRATOR SMATTERS Mr Palmer stated that the Highland Project #2 is in progress and that they were trying to alleviate all the problems ELECTED OFFICIAL MATTERS Mrs Ore suggested that staff and Council need to have a meeting once a month Motion by Mr Merkl to suspend the Rules and reconsider Lena Gulch regarding Urban Renewal Authority payment and bring it back on the agenda, seconded by Mrs Ore, carried 5-2 with Mr Lewis and Mr Hobbs voting No Motion by Mr Merkl to set reconsideration for February 28, 1983 with a full report from staff, seconded by Mrs Snow with Mr Lewis and Mr Hobbs voting No CITY COUNCIL MINUTES February 14,1983 Page -5- Motion by Mr Aiello to cancel March 7, 1983 Study Session, seconded by Mr Burt, carried 6-1 with Mr Burt voting No Motion by Mr Burt to bring off table the Russell Zoning and schedule first reading for February 28, 1983; se~onded by Mrs Snow, carried 7-0 Amended Motion by seperate items 1 recommendation for recommended by the 6-1 with Mr Lewis Mrs Snow that Russell r.ezoning be brought in as two Map descrepancy with a Planning Commission denial 2 City initated rezoning to R-3 as Planning Commission; seconded by Mrs Ore, carried voting No Motion by Mr Burt to reconsider the portion of the Master Plan for Crown Hill Park (Horse Arena); seconded by Mrs Ore, carried 7-0 Motion by Mr Lewis for a five minute recess for Clerk to look up minutes on October Council Meeting, seconded by Mr Hobbs, carried 6-1 with Mr Aiello voting No Motion by Mr Burt to reconsider the portion of the Master Plan for Crown Hill Park (Horse Arena) and incorporate in our acceptance the agreement that was discussed last week at Study Session and stipulation in his memo and to reaffirm our acceptance of the remainder of Crown Hill Master Plan; seconded by Mrs Ore, carried 6-1 with Mr Aiello voting No Mrs Snow would like Council to reconsider the Ordinance regarding trucks Mr Lewis stated that a bad situation existed on 45th Avenue from Newland East and Lamar North, and the answer was to have gravel put down Mrs Gray s blue spruce trees on 41st and Fenton were discussed Meeting adjourned at 10 00 P M P 2~ Wanda Sang, City Cl;1k WS/amw