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 , (~
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Wanda Sang, City Cle~
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