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Home My WebLink About03/21/1983 March 21. 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, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Wanda Sang; City Attorney, John Hayes, Department Heads Chief Jaquay, Charles Stromberg, Richard Bredt, staff; and interested citizens Motion by Mrs Ore for the approval of the Minutes of February 28, 1983, with the following corrections The vote to extend the meeting past 11 00 pm, was 5-2 with Councilmembers Davis and Ore voting No The vote on the Executive Session was on Section 5 7(b)1; seconded by Mr Aiello, carried 6-1 with Mr Hobbs voting No and Mr Lewis abstaining CITIZENS RIGHT TO SPEAK No one was present to speak under citizens' comments PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Proposed amendment to the Comprehensive Plan - Future Land Use Map, Kipling Activity Center (Case WPA-83-2) Motion by Mr Merkl that Case No WPA-83-2, a proposed amendment to the Comprehensive Plan - Future Land Use Map in the general vicinity of the Kipling Activity Center, as illustrated in staff Exhibit #2, be approved; seconded by Mr Burt Mrs Snow made a motion for an amendment that area furthest N E designated Medium to High Density Residential be excluded on the plan at this time; seconded by Mr Lewis; failed 6-2 with Councilmembers Aiello, Burt, Davis, Hobbs, Merkl, and Ore voting No Original Motion carried 6-2 with Councilmembers Lewis and Hobbs voting No, Mr Lewis stating that it is not fair to present and future merchants to have to have a site plan Citizens in the area are not aware of what Council is doing tonight We are taking away people's rights Item 2. Proposed amendment to the Comprehensive Plan by addition of a new subsection under Section IX, Master Plans for Area Development, would be added subsection B Kipling Activity Center Master Plan (Case WPA-82-1) Motion by Mr Burt to approve with the following amendments in the first sentence of the first paragraph under B 1 replace "Urban Renewal Plan" with "Activity Center in the Comprehensive Development Plan" In the second sentence after "City Council" add "on January 14, 1983, which included development units III, IV, V, and VI, between I-70 and 44th Avenue," In the second paragraph eliminate the last two sentences starting with "Although"; seconded by Mrs Ore, carried 6-2 with Councilmembers Lewis and Ore voting No Mr Lewis moved to amend the plan to show that Lee Street be continued from the service road to connect 44th Avenue to form a thoroughfare and a crime deterrent in that area; seconded by Mr Davis; carried 5-3 with Councilmembers Burt, Merkl, and Ore voting No CITY COUNCIL MINUTES March 21, 1983 Page -2- Item ~. Motion as amended carried 6-2 with Mr Lewis and Mrs Ore voting No Council Bill 54 - An Ordinance requiring Submission of a Site Plan, and authorizing Specification of Uses, within the Kipling Activity Center as designated in the Kipling Activity Center Master Plan, and providing a Penalty for violation thereof Council Bill 54 was introduced on second reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 54 (Ordinance 522) be approved on second reading The reason for this recommendation is that this Site Plan Ordinance will help Council in implementing the Kipling Activity Center Urban Renewal Plan and Master Plan, seconded by Mr Aiello, carried 6-2 with Councilmembers Lewis and Hobbs voting No Mr Lewis voted No for the same reasons he voted No on Item 1 Item 4. COMMITTEES AND COMMISSIONS MATTERS Motion by Mr Merkl to reappoint all Boards and Commissions Members whose terms have expired, for another 3-year term, with the exceptions of Jon Hellman (Civil Service Commission, District III) and George Holte (Personnel Commission, District II) who do not wish to be reappointed; seconded by Mr Hobbs Motion by Mr Lewis that Board of Adjustment Member Jerry Sang be voted on separately, seconded by Mr Hobbs Motion by Mrs Snow to vote separately on Bonnie Scoma (Planning Commission District I) Jerrv Sang, Board of Adjustment, District I, was reappointed by a vote of 7-1 with Mr Lewis voting No Bonnie Scoma, Planning Commission, District I, was reappointed by a vote of 7-1 with Mrs Snow voting No Mr Merkl s original motion carried 7-1, with Mrs Ore voting No NEW BUSINESS Item 5. Council Bill 55 on first reading - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding provisions to Chapter 14 thereof, relating to offenses, by prohibiting and regulating unlawful possession of alcohol by minors, unlawful harboring of minors, unlawful to allow minors on streets after certain hours, unlawful possession of alcohol, urination and defecation in public, disturbing the peace, theft, theft by check, and by repealing and reenacting Section 14-50, Offenses Against Property, Damage or Destruction--generally, and providing penalties for violation thereof Council Bill 55 was introduced on first reading by Mrs Ore, title read by the Clerk Motion by Mrs Ore for the approval of Council Bill 55 on first reading, ordered published, public hearing be set for Monday, May 9, 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 Merkl Discussion followed Motion Failed 4-4 with Councilmembers Hobbs, Davis, Lewis, and Snow voting No CITY COUNCIL MINUTES March 21, 1983 Page -3- Motion by Mrs Snow to bring Council Bill 55 to the April 4 Study Session with staff study on additional costs to the City with further recommendation for first reading; seconded by Mr Davis, carried 7-1 with Mrs Ore voting No Item 6. Council Bill 56 on first reading - An Ordinance repealing and reenacting Sections 1-6, 2-14 5, 3A-13, 4-14, 9A-15, 12-6(c), 14-37, 14-69(b), 19A-5, and Section 32 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to penalties for violation of Ordinance provisions by raising the maximum fine to Nine Hundred Ninety-Nine Dollars ($999), providing for restitution of certain cases, and providing that no one under the age of eighteen (18) years shall be subjected to imprisonment as a penalty for violation of any provision of the Wheat Ridge Code of Laws Council Bill 56 was introduced on first reading by Mrs Snow, title read by the Clerk Motion by Mrs Snow that Council Bill 56 be scheduled for April 4 Study Session, if consensus is reached at that time, it be brought back at discretion of Clerk; seconded by Mr Davis; carried 7-1 with Mrs Ore voting No Item 7. Resolution 833 - Authorizing the Jefferson County Open Space Officials to secure professional appraisal of the Rock/Gillhouse property, which borders on the north bank of Clear Creek just east of Tabor Street, and adjacent and west of Prospect Park Motion by Mr Burt for the adoption of Resolution 833, seconded by Mrs Snow Mr Bredt gave a presentation on Resolution 833 Mr. Kenvon L. Baugher, 340 Oswego Court, Aurora, was present to answer Council's questions Motion by Mrs Snow to amend the Resolution to state that one appraisal is made in mined condition, one in raw land condition, and in both cases the water is evaluated appraised separately; seconded by Mr Merkl; carried 6-2 with Mr Davis and Mr Hobbs voting No Resolution as amended carried 5-3 with Councilmembers Ore, Hobbs, and Davis voting No Item 8. Consent Agenda A) Motion to award the contract for three 1983 Dodge Diplomats at a total cost of $26,686 68, to be charged to account No 19-203-808 B) Motion to award the contract for 14 pOlice radios at a total cost of $15,650, to be charged to account No 19-203-805 C) Motion to award the contract for one 1983 Chevrolet Model K-20 pickup, at a total cost of $9,556 25, to be charged to account No 19-203-808 CITY COUNCIL MINUTES March 21, 1983 Page -4- D) Motion to replace animal control vehicle, to be charged to account No 19-203-808 E) Motion to purchase a Mountable Animal Control Unit Motion by Mr Aiello to accept the Consent Agenda as printed; seconded by Mr Davis Discussion followed Call for the question by Mr Aiello; seconded by Mr Mr Davis; carried 7-1 with Mr Lewis voting No Original Motion carried 7-1 with Mr Lewis voting No Motion by Mr Aiello to adjourn immediately after "City Attorney's Matters"; seconded by Mrs Ore; carried 5-3 with Councilmembers Hobbs, Lewis, and Snow voting No CITY ATTORNEY SMATTERS Mr Hayes stated that 1983 Council Meeting, return 4/4/83 Lee Phillips will take his place since he will be in Washington on the March 28, Mr Hayes will Regarding the Police Officers lawsuit against the City of Wheat Ridge--in reviewing the matters before, during, and after the lawsuit, Mr Hayes' opinion is that the actions of the City were proper and lawful and give no cause to any liability whatsoever Meeting adjourned at 10 20 P m ,/\ Wanda Sang, WS; chj; rk