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HomeMy WebLinkAbout03/28/1983 CORRECTED MINUTES CITY COUNCIL MINUTES CITY OF WHEAT RIDGE. COLORADO March 28. 198~ The City Council Meeting was called to order by the Mayor at 7 30 p m Council members 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 Administrator, Tom Palmer; Lee Phillips was representing City Attorney, John Hayes, in his absence, Department Heads Charles Stromberg, Richard Bredt, Roger Young, Ric Minetor, staff; and interested citizens Motion by Mr seconded by voting No Merkl for the approval of the Minutes of March 21, 1983, Mrs Ore; carried 6-2 with Councilmembers Hobbs and Lewis CITIZENS RIGHT TO SPEAK Dr. Gene Molene, 4480 Harlan Court, Wheat Ridge, spoke concerning damages on Harlan Court due to excavation The Mayor's reply was that Harlan Court was the first item on the Spring Program Lesa Meeks, 4583 Allison Street, Wheat Ridge, wishes Council to consider a covered swimming pool in Wheat Ridge She was told by the Mayor that Wheat Ridge has been in contact with R-1 School District for consideration PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item l. Council Bill 52 - An Ordinance providing for the approval of a change of zoning conditions on Commercial-One Zoned land located at approximately 3901 Wadsworth Boulevard and 7615 West 39th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-82-16, Pisciotta) Council Bill 52 was introduced on second reading by Mr Aiello; title read by the Clerk Mr Stromberg gave staff comments Mr. Maurice Fox, 4465 Kipling Street, Wheat Ridge, representing Mr Pisciotta for the re-zoning was sworn in by the Mayor and gave reasons for wanting the re-zoning Discussion followed Motion by Mr Aiello for the approval of Council Bill 52, Ordinance 523; seconded by Mr Merkl Motion to amend by Mrs Snow that Item 3 be added to conditions that the same six foot fence along west property line to protect apartment building to west Motion died for lack of second Original Motion carried 8-0 CITY COUNCIL ~NUTES March 28, 1983 Page -2- Item 2. Council Bill 53 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One with conditions at approximately 4075 Kipling Street, Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-82-19, Chu) Council Bill 53 was introduced by Mr Burt, title read by the Clerk Charles Stromberg gave staff comments Mr. Cong Chu, 4529 West 69th Avenue, the applicant, was sworn in by the Mayor He is Westminster Company owner of property and stated his reasons for wanting the re-zoning Also speaking in favor of rezoning and sworn in by the Mayor were Pollv Pinkston, 10630 West 46th Avenue, Wheat Ridge, Toni Morvav, 10105 West 41st Avenue, Wheat Ridge; Claudia Worth, 4650 Oak, Wheat Ridge, Eugene Cookenhoo, 6153 South Valley Drive, Morrison, Chris Galves, 10094 West 41st Avenue, Wheat Ridge, also sworn in by the Mayor spoke against the re-zoning Discussion followed Motion by Mr Burt for the adoption of Council Bill 53 (Ordinance 524) with the exception that in Section 2 of the revised Ordinance, Section A, include "3 2% Beer Sale" after "retail food" In Section B, modify phrase "other than the approved uses, or change in building footprint" to "or greater than 50% change in building footprint", seconded by Mr Aiello Motion to amend by Mr Lewis that we eliminate the conditions set forth, seconded by Mr Hobbs, discussion followed on Mr Lewis s amendment Call for the question by Mr Hobbs; seconded by Mr Aiello, carried 7-1 with Mr Merkl voting No Vote on amendment failed 3-5 with Councilmembers Aiello, Burt, Davis, Merkl and Snow voting No Vote on original motion carried 6-2 with Councilmembers Merkl and Snow voting No, Mr Merkl stating that his reason for voting No was that he doesn t feel the re-zoning of the property to C-l is going to accomplish the correction of non-conforming use Mrs Snow's reasons for voting No were 1 It is not in conformance with comprehensive plan 2 Property is already zoned for use which is in keeping with the adjacent commercial zonning 3 Property is not in conformance with the City s goal of discouraging strict commercial and encouraging development in Commercial Activity Center C-l competes with the City's recent designated in planning of Kipling Activity Center to north 4 Straight C-1 zoning and even C-1 zoning with these conditions is not compatable with adjacent residential zoning NEW BUSINESS Item ~. Council Bill 57, on first reading - An Ordinance authorizing the issuance and sale of $3,800,000 aggregate principal amount of City of Wheat Ridge, Colorado, Industrial Development Revenue Bonds (Certificate of Deposit program)---1983 Series A, to finance property suitable for Commercial or business enterprises, ratifying certain actions heretofore taken; authorizing the execution and delivery by the City of a Deposit Agreement, Trust Indenture, Bond Purchase Agreement, said Bonds and closing documents in connection therewith, and repealing action heretofore taken in conflict herewith (Prime Rate Motel) CITY COUNCIL nINUTES March 28, 1983 Page -3- Council Bill was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 57 be adopted on first reading, ordered published, public hearing set for Monday, April 11, 1983, 7 30 pm, in City Council Chambers, Muncipal Building, and if approved on second reading, take effect immediately after final pUblication, seconded by Mr Merkl Discussion followed Motion carried 6-2 with Councilmembers Hobbs and Lewis voting No Item 4. Resolution 834 - A Resolution providing for budget transfers within the annual budget to provide additional funds for Workmen s Compensation Insurance Motion by Mr Burt for the adoption of Resolution 834; seconded by Mr Merkl Discussion followed Motion carried 8-0 Item 5. Resolution 835 - A Resolution amending the City budget for the fiscal year 1983 Motion by Mrs Ore for the adoption of Resolution 835, seconded by Mr Merkl Discussion followed Motion to amend by Mr Lewis that all City monies not being matched by the citizen participation for curb, gutter and sidewalk replacement be transferred to the unallocated fund for City Council to approve expenditures; seconded by Mr Hobbs Discussion followed Call for the Question by Mr Hobbs, seconded by Mrs Ore; carried 6-2 with councilmembers Lewis and Snow voting No Vote on amendment failed 1-7 with Councilmembers Aiello, Burt, Davis, Hobbs, Merkl, Ore and Snow voting No Motion by Mrs Snow that if there is over 20% remaining after sign up on April 30th, that staff bring it back to Council for further discussion, seconded by Mr Lewis, fails 2-6 with Councilmembers Aiello, Burt, Davis, Hobbs, Merkl, and Ore voting No Call for the Question by Mr Aiello, seconded by Mr Merkl, carried 7-1 with Mr Lewis voting No Orginal Motion carried 8-0 Item 6. Resolution 836 - A Resolution expressing the support of the City Council of the City of Wheat Ridge for the passage of Senate Bill No 211 concerning the exemption of local government from Anti-Trust laws for land use planning or regulation Motion by Mr Aiello for the adoption of Resolution 836, seconded by Mrs Ore, carried 8-0 ELECTED OFFICIALS' MATTERS Item 7. Clarification and possible citizen and Parks Commission comments about extending Lee Street along the Mugele Park CITY COUNCIL _NUTES March 28, 1983 - Page -4- Mr Aiello commented on copy of the judges decision from lawsuit concerning ammendments to the Charter that would come before the people Motion by Mr Aiello to set a date for the election at the April 11, 1983 Council Meeting, if that is what Council decides to do, seconded by Mr Merkl, carried 8-0 Motion middle by Mrs by Mr Merkl for the City Attorney to draw up an Ordinance by the of April to cover defecation of animals in City Parks, seconded Orej carreid 7-1 with Mrs Snow voting No Mr Davis moved to adjourn, seconded by Mr Lewis, failed 3-5 with Councilmembers Aiello, Burt, Merkl, Ore and Snow voting No Mrs Snow moved to reconsider extension of Lee Street along Mugele Parkj seconded by Mr Merkl Mrs. Claudia Worth spoke on the re-consideration, discussion followed Call for the Question by Mr Aiello, seconded by Mr Burt, carried 6-2 with Councilmembers Lewis and Snow voting No Original Motion failed 4-4 with Council members Aiello, Burt, Davis and Lewis voting No Mr Merkl moved to adjourn, seconded by Mrs Ore, carried 8-0 Meeting adjourned at 10 40 p m ~(~ ! r J Wanda Sang, WSjamw,