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HomeMy WebLinkAbout05/09/1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MAY 9, 1983 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, will Burt, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Mr Hobbs arrived at 7 35 p m Also present City Clerk, Wanda Sang; city Administrator, Torn Palmer; City Attorney, John Hayes Department Heads Charles Stromberg and Richard Bredt; staff; and interested citizens Motion by Mr Davis to approve the Minutes of April 25, 1983; seconded by Mrs Ore; carried 6-l with Mr Lewis voting No CITIZENS' RIGHT TO SPEAK Lori Ever, her home 4205 Lamar, spoke on continuing sidewalk problem in front of ~1ayor directed Mr Palmer to take care of the problem ~lotion by Mr Merkl to appoint Linden Meeks to the Personnel Commission; Duane P Chesley to the Building Code Advisory Board; and Ronald B Grannell to the Animal Control Commission seconded by ~lr Lewis carried 8-0 Motion by Mrs Ore to suspend the Rules and forward Agenda Item 9 Motion by Mr Lewis to suspend the Rules and forward Item 3 and to continue the item; seconded by Mr Burt; carried 8-0 ~10tion by Mr Lewis to continue Item 3, Council bill 60, for a minimum of 30 days; seconded by Mr Merkl; Item continued to June 27, 1983 discussion followed; carried 8-0 Motion by ~lrs seconded by Mr Ore to suspend the Rules and bring up Agenda Item 9 Merkl; carried 8-0 Item 9 Motion by Mr Merkl to authorize Mayor to between the City and Slater-Paull & Assc addition feasibility study; seconded by sign the contract for the Senior Center Mr Ore; carried 8-0 Motion by Mr by ~lr ~1erkl; Aiello to suspend the Rules and go on to Item 7; seconded carried 7-1, with Mrs Snow votinq No CITY COUNCIL MINUTES MAY 9, 1983 Page -2- Item 7 Resolution 841 - A Resolution approving local funding for a Water Systems Project as part of the submission of Grant Application to the Department of Housing and Urban Development (HUD) and Colorado Department of Local Affairs, under the Small Cities Program of the Community Development Block Grant (CDBG) Resolution 84l was introduced by Mr Aiello; title read by the Clerk Motion by Mr Aiello for the adoption of Resolution 841, and the $50,000 be earmarked for engineering and design; seconded by Mr Merkl Discussion followed Speaking for the Resolution and sworn in by the Mayor were Torn Hildebrand, 5220 W 28th Ave , Dan Harrington, 2844 Depew Street, W M Treat, 5625 W 27th Ave They spoke on problems in their Water District Vote carried 8-0 Item 1 Council Bill 61 - An Ordinance amending Ordinance 50S, Series of 1982, which provides for the issuance and sale of City of Wheat Ridge, Colorado, Industrial Development Revenue Bonds (Ridge Village Shopping Center Project) Series 1982 Council Bill 61 was introduced on second reading by Mr Aiello; title read by the Clerk Mr Hayes noted changes after the title for address to show as property located at 38th Avenue and Sheridan Blvd flotion by Mr Aiello for the adoption of Council Bill 61 (Ordinance 529) with the changes 11r Hayes noted; seconded by Mrs Ore; carried 8-0 Item 2 Council Bill 59 - An Ordinance providing for the approval of a Special Use Permit in a Commercial-One (C-l) Zone on land located at 7405 West 44th Avenue, Wheat Ridge, Colorado (Leo and Linda Gonzales) (Case No SUP-83-1) Council Bill 59 was introduced on second reading by Mr Merkl; title read by the Clerk Mr Stromberg gave the staff comments In favor of the Special Use Permit and sworn in by the Mayor were Leo and Linda Gonzales, 1795 S Dudley Court, Lakewood The spoke on background of propane fuel and the safety precautions they are using Entered into the record were petitions from customers requesting the fueling of pro- pane vehicles Those in opposition and sworn in by the Mayor were Lou Longo, 4425 Reed Street, and Anthony Fiasco, 4440 Reed Street They feel it would not be safe Discussion followed Call for the question by Mr Davis; seconded by Mr Lewis; carried 6-2 with Mr Lewis and Mr Hobbs voting No Motion by Mr Merkl for the adoption of Coun- cil Bill 59 (Ordinance 530) on second reading; seconded by Mr Aiello Failed 4-4 with Councilmembers Davis, Lewis, Ore, and Hobbs voting No Motion by tlr Lewis for the adoption of Council Bill 59 (Ordinance on second reading without the 6' fence screening seconded by Mr carried 5-3 with Councilmembers Davis, Ore, and Hobbs voting No 530) Merkl CITY COUNCIL MINUTES ~1AY 9, 1983 Page -3- ~lrs Snow's reasons for voting yes are There are two contradicting things She does not believe the station belongs there Also thinks it is somewhat unsafe, but the problem is in the Zoning Ordinance The Zoning Ordinance needs to be amended to have some set-backs and some standards for Propane stations, but at this point for the man on this property, it has been demonstrated that the tanks are there; they can't add more and we can't take them away There doesn't seem to be any additional danger for allowing him to continue Mr Lewis stated his reason for voting Yes; Wheat Ridge Fire Department states no problems, meets the fire codes; Jefferson County Health Department states non- applicable, no health problems there building inspectors states it conforms to code NEW BUSINESS ORDINANCES ON FIRST READING Item 4 Council BillOrdinance providing for the approval to change the permitted uses within a Planned Industrial District and approval of an Amended Final Development Plan on land located at approximately 10501 West 48th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Anthony Vecchirelli Council Bill 64 was introduced on first reading by Mr Aiello title read by the Clerk Motion by ~1r Aiello that Council Bill 64 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1983, 7 30 PM, in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by Mr Davis; vote carried 8-0 Item 5 Council Bill 65 - An Ordinance providing for the approval of Rezoning from Agricultural-One (A-l) to Residential-Three (R-3) on land located at approximately 4650 Parfet and 4651 Oak Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-83-9) Council Bill 65 was introduced on first reading by ~lr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 65 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1983, 7 30 PM, in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr Merkl; vote carried 8-0 CITY COUNCIL MINUTES MAY 9, 1983 Page -4- Item 6 Council Bill 66 - An Ordinance providing for the approval of Rezoning from Residential-Three (R-3) to Restricted Commercial-One (RC-l) for land located at approximately 6280 West 38th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-83-1 Donald L Sable) Council Eill 66 was introduced on first reading by Mr Merkl title read by the Clerk Motion by ~1r Merkl that Council Eill 66 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1983, 7 30 PM, in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by ~1rs Ore; vote carried 8-0 Item 8 Motion to approve payment of the attorney fees re Turner lawsuit Motion by Mr Burt to approve payment of attorney fees; seconded by Mr Aiello; vote carried 8-0 Item 9 flotion to authorize Mayor to sign the contract between the City and Slater-Paull & Assoc for the Senior Center addi- tion feasibility study Motion by Mr between the carried 8-0 Merkl that the Mayor be authorized to sign the contract City and Slater-Paull & Assoc ; seconded by Mrs Ore; vote ITEM lO CONSENT AGENDA A Resolution 842 - authorizing the Transfer of unallocated General Funds to an Operating Account B Ratification of Pary Name (Hart Estate) C Motion to authorize Mayor to sign the contract between the City and Long Hoeft Architects D Motion to approve Personnel Rules and Regulations E Motion to approve modification of premises of Gemini Restaurant F Motion to approve modification of premises of King Soopers G Motion to approve Change of Corporate Officers and Transfer of Stock for Port 44 CITY COUNCIL MI~UTES MAY 9, 1983 Page -5- Motion by Mr Merkl to approve the Consent Agenda in its entirety; seconded by Mr Aiello ~lrs Snow requested pulling Item F and abstaining; Council approved ~lr Lewis pulled Item C and D Vote carried on Items A, B, G & E; 8-0 Vote carried on Item C; 7-1 with Mr Lewis voting No Vote carried on Item D; 6-2 with Councilmembers Lewis and Snow voting No Vote carried on Item F; 7-0 with Mrs Snow abstaining CITY ADllINISTRATOR' S ~1ATTERS Mr Palmer stated that Rick Solomon wanted to discuss paragraph on Rule 21 in Personnel Rules and Regulations Motion by Mr Hobbs for Rule 21 to be taken back to the Personnel Commission for reconsideration and brought back to Council; seconded by Mrs Ore; Failed 4-4 with Councilmembers Aiello, Davis, Lewis and Merkl votinq No Motion by Mr Merkl to hold a Special Council Meeting on May 31, 1983 for 32nd Avenue Project; seconded by Mrs Ore; carried 8-0 Mr Palmer stated the 44th Avenue Project Schedule contractors can pick up bid packages on ~lay 23, Ig83; the 22nd Avenue design and street re- construction chip and monumentation design are almost ready CITY ATTORNEY'S MATTERS Mr Hayes would like to attend a seminar and needs $500 00 in his travel budget He would also like to attend a portion of CML Conference and another conference in the fall Motion by Mr Aiello to transfer the funds into the appropriate account for Mr Hayes to go to these seminars and conferences; seconded by Mrs Ore; vote carried 6-2 with Councilmembers Davis and Lewis voting No ~1r Hayes discussed Council District Apportionment !10tion by Mr Burt that council district boundries as they exist on this date be ratified and remain as the council district boundaries for 1983 - 1985 Wheat Ridge City Council Elections and terms; seconded by Mr Davis carried 8-0 The tentative agenda for May 23, 1983; Council Bill 63 on second reading; Cruise property Public Hearing was set for May 9, 1983, Staff recommended it be heard on May 23, 1983 for proper posting and publication ~lotion by Mr Aiello to amend Council Bill 63 for purpose of setting Public Hearing for May 23, 1983; seconded by Mr Merkl; carried 8-0 CITY COUNCIL MINUTES ~1A Y 9, 1983 Page -6- Item II City Council Appeal of Board of Adjustment Decision Is a problem of violation of existing zoning ordinance Applicant's attorney has been informed of recommended denial Board of Adjustment has approved a Special Use Permit conditioned upon making improvements to the property Concern is whether or not Council will be stopped from denying further applications by applicant if case is not appealed by Council Motion by ~lr ~lerkl to suspend the rules to go past 11 00 P M by Mr Aiello; vote carried 7-1 with Mr Davis voting No seconded Mr Hayes put the applicant on notice April 12, 1983, in writing, that he is in direct violation of the zoning ordinance Motion by ~1rs Snow that City Council ask Board of Adjustment for a re-hearing on a 6 month Special Use Permit granted Mr Fred Rodriguez Request the Board of Adjustment continue the 6 month Special Use Permit without conditions of their meeting all building and fire code requirements Further, the City Attorney notif~ Mr Rodriguez or his attorney that the building and fire code requirement are not being required by the City until such time of reinstated by Board of Adjustment; seconded by Mr Burt Mrs Snow amended her motion to have Board of Adjustment to hear this immediately even if they have to hold a special meeting Mr ~1erkl moved to amend Mrs Snow's motion to state if Board of Adjustment does not give City Council a re-hearing on May 26, on May 27 we file a lawsuit or if they hear it and don't grant it Mrs Snow amended the motion to re-hear the whole case; Mr Burt seconded both amendments carried 8-0 COUNCIUIEMBERS MATTERS Motion by Mr Davis to move 38th & Everett Garrison drainage project from present position of 11th to 5th position; seconded by Mr Hobbs; carried 7-l with Mrs Snow voting No because she felt this should have been placed on the agenda and not been brought up to a vote tonight Mr Lewis inquired about sweeping schedules and to why the roads were being striped over sand ~lrs Snow asked if Council had approved a pool cover in this years budget Mr Palmer replied they were going to look into it possibly for next year Mr t-lerkl stated the community Development Committee had received a letter from the Police Advisory Committee asking to be disbanded Asked to invite the chair persons of Boards and Commissions to the July Study Session to discuss policy to limit Boards and Commissions appointments to a maximum of 6 years with the exception of positions for which no applications were received CITY COUNCIL MINUTES MAY 9, L983 Page -7- Motion by Mr Hobbs to reconsider Lena Gulch ln its entirety Entire Lena Gulch be stopped including Schedule III as of May 9, 1983 and that no further City funds be expended until a meeting is held between the land owners along Lena Gulch and Wheat Ridge City Council to work out any problems that might exist pertaining to land arbitrary and said meetinq to be held within the next 30 days; seconded by Mr Merkl Dis- cussion followed Mr Hobbs calls for the question; seconded by Mrs Ore; carried 7-1 with ~1rs Snow abstaining Vote on reconsideration 5-2 with Councilmembers Aiello and Burt voting No and Mrs Snow abstaining Motion by Mr Burt to adjourn; seconded by Mr Aiello; carried 6-2 with Councilmembers Aiello and Lewis voting No ~leeting adjourned at 11 35 P M nJ , (~ ~ d'?2 c~.'-/ (7: ,0, ~.-z4 Wanda Sang, City Cle~ WS/arnw