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HomeMy WebLinkAbout09/12/1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO SEPTEMBER 12, 1983 The City Council ~leeting was called to order hy the /layor at 7 30 P m Councilmembers present Will Burt, Kent Davis, Ken Lewis, Larry /lerkl, Kay Ore, ann Nancy Snow I''lr Aiello arrived at 7 32 P m ~lr Hobbs arrived at 8 20 p ill Also present City Clerk, Wanda Sang; City Administri'ltor, 'rom Palmer City Attorney, John l1ayes Department Head Charles Stromberg and interested citizens /lotion by tlr Burt to approve the ~linutes of August 22, 1983 with the correction that page 3, paragraph 1, Section (2) read "This proposal is consistent with the Comprehensive Plan" and that the remainder of that sentence be deleted; seconded by Nr Davis; carried 5-1 with Mr Lewis voting No CITIZENS' RIGHT TO SPEAK Nancy McGee, 2012 Otis Street, Edgewater, explained that the lfueat Ridge Jaycees were contemplating a cookbook and would like to get receipes and history for it PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Approval of an amendment to the Layemont Center Final Development Plan (Case No WZ-8J-17) (Robert Vermillion) /lr Stromberg gave the staff report tlotion by I'lr Aiello that Case No WZ-83-17, a request to approve an amendment to the Lakemont Center Final Development Plan be approved for the following reasons A Staff recommends approval B Planning C.ommission recommends approval C No changes to the plan are proposed other than the scher1ule of completion dates and with the following conditions of time extension for completion date A Phase I Building "A" be extended to June, 1985 B Phase II Buil(ling "B" be extended to June, 1986 C Phase III Building "e" be extended to June, 1987 seconder1 by I1rs Ore carried 6-1 with /lr Lewis voting No because no one was present to represent the applicant Item 2 fipproval of Lil.Se 1-<0 WPA-83-5, which is a Cornprehensi ve Plan Amendment in the vicinity of West 38th Avenue and Kendall "treet Mr Davis requested to abstain from voting on this item since he has an interest in the area Motion by Mrs Snow that Mr Davis abstain; seconded by Mr Merkl; carried 6-0 with Hr Davis abstaining Failed Motion by Mr Lewis to continue agenda items 2 & 4 for 2 weeks until the agenda can be published with precise information and not generalities; secomled by I1rs Snow Failed 2-4 with I1r Lewis & /lrs Snow voting yes CITY COUNCIL NUTES SEPT~MBER 12, lQS3 PAGE - ~lr Stromberg gave the staff report Dougal Graham, 3330 Chase 2treet, read a letter fro~ Area-4 Planning Committee into the record After reading the letter he dis-associated himself from the Committee fIe voiced his concern about high density and spoke in favor of development of duplexes /lotion by ~lr ~"leryl that Case No WPl\-83-5, which is a Comprehensive Plan Amendment in the vicinity of West 38th Avenue and Kendall Street, be approved; seconded by ~lrs Ore; carried 4-2 with Councilmembers Lewis and Snow voting No ~lrs Snow stated she is voting 1,0 for the following reasons although West ann North area is developed as high density residential, the SE portion is directly next to single family homes She feels it is unfair to people living in that area The high density should be mid-density, perhaps duplexes Item 3 Approval of Case tlo vJPA-83-10, which is a Comf'rehensive Plan Amendment in the vicinity of 50th Avenue between Ridge Road and Ward Road tvlr Stromberg gave staff report ~.lotion by ~'lrs Ore that Case lJo WPA-83-10, which is a Comprehensive Plan Amennment in the vicinity of 50th Avenue between Ridge Road and Ward Road, be approved seconded by Mr Davis; carried 5-2 with Councilmembers Aiello and Lewis voting No Mr Lewis stated he is voting No because he doesn't feel the City should expect some people to donate land or some people to donate the land they have no control over and build roads where the City expects to buy at least one third of roadway from other people Therefore, if we are not going to be consistent and treat them all exactly the same, he will vote against this /lr Aiello voted No, because he is not convinced this is the only place the road could he; he does not agree with the Planning Cornmission Item 4 Approval of Case No WPA-83-3, which is a Comprehensive Plan Amendment in the vicinity of I'larshall Street and vlest 44th l\venue Motion by Mr Lewis to continue this items for two weeks Slnce the agenda item is in error; seconded by Mr Merkl carried 7-0 Motion by Mrs Snow to have the property posted; seconded by Mr Lewis; carried 4-3 with Councilmembers Aiello, Merkl, and Ore voting No Item 5 Council Bill 94 - An Ordinance establishing the salary for the elected positions of ~layor, member of City Council, City Clerk, and City Treasurer of the City of Wheat Ridge during the term of office commencing lJovember 8, 1983, and ending November 5, 1985; repealing Ordinances 353, 354,355,356, and 458; and providing for an automatic repeal and termination of these Ordinances Council Bill 94 was introduced on second reading by Mr Aiello title read by by the Clerk ~lotion by ~lr Aiello for the adoption of Council Bill 94 (Ordinance 548 on second reading seconded by ~lr Burt Amended ~lotion by Mr Merkl that Paragraph C (Council President salary) be deleted and paragraph D become C und paragraph E become D ; seconded by Mr Davis; carried 4-3 with Councilmembers Burt, Aiello, and Ore voting No Failed amendment by I1rs Snow that the City Treasurer's salary be a flat $17,000 without a change for the second year; seconded by I1r Lewis; Failed 4-4 with Councilmembers Davis, Merkl, Ore, and Hobbs voting tJo Failed amendment by /Irs Snow that the Mayor's salary be changed to $7,200 seconded by /lr Lewis; Failed 3-4 with Councilmembers Lewis, Snow, and Hobbs voting Yes ~lr Lewis stated he is voting No for the same reasons he gave during the Study Session (Elected Officials should not get a raise and perhaps the Council's salary should be lowered) Vote on the Original Motion carried 6-2 with /lr Lewis and ~lr Hobhs voting No CITY COUNCIL MINUTES SEPTEMBER 12, 1983 Page -3- ORDINANCES ON FIRST READING Item 6 Council Bill 101 - An Ordinance providing for the rezoning of lanu from Agricultural-One (A-I) to Residential-Three (R-3) on property located at approximately 11590 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-20) (Warren Johnson) Council Bill 101 was introduced on first reading by Mr Davis; title read by the Clerk ~lotion by Mr Davis that Council Bill 101 be approved on first reading, ordered published, public hearing be set for /'londay, October 10, 1983, at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by Mrs Ore; carried 8-0 Item 7 Council Bill 102 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Residential-One (R-l) to Residential-Three (R-3) on land located at approximately 3601 Quail Street, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-21) (Newport Construction Company) Council Bill 102 was introduced on first reading by Mr /lerkl; title read by the Clerk ~lotion by ~lr Merkl that Council Bill 102 be approved on first reading, ordered published, public hearing be set for Monday, October 10, 1983, at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by /lr Hobbs; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 8 Resolution 853 - referring to the registered electors of the Ci ty of \'i'heat Ridge, Colorado, the question of the proposed repeal of Ordinance No 526, Series of 1983, enacted April 21, 1983, providing for 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 (Einarsen) Motion by Mrs Snow to reconsider Ordinance 526, Series of 1983, enacted April 21, 1983, providing for 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 lfueat Ridge, County of Jefferson, State of Colorado Motion died for lack of second Motion by Mr Davis to adopt Resolution 853, Series of 1983, referring to the registered electors of the City of Wheat Ridge, Colorado, the proposed repeal of Ordinance 526; seconded by Mr Burt; carried 8-0 CIT\ COUNCIL MINUTES SEPThMBER 12, 1983 Page -4- Item 9 Resolution 854 - affirming Resolution 822, Series of 1982, to withdraw from Social Security Motion by Mr Merkl for the adoption of Resolution 854; seconded by Mrs Ore; Failed 4-4 with Councilmembers Davis, Lewis, Snow, and Hobbs voting No Mr Davis stated he is voting No because he feels it is unfair that any government agency have the right to pullout of a struggling system and leave the poor individual business man and already retired people at the mercy of whatever the future of the system would be The faster all governwent agencies pullout, the faster it will meet its demise Mr Lewis stated he is voting no, because he agrees entirely with Mr Davis He believes there are court suits filed Mrs Snow is voting No because while in Washington when they were discussing plans to save the Social Security System, Congress made very difficult choices over a lot of difficult problems This is a National Problem with a National System She doesn't feel Wheat Ridge can get out of it just because \fueat Ridge can save some money Item 10 ~10tion to appoint a City Councilmember as a voting delegate and an alternate for NLC Annual Congress of Cities in New Orleans Motion by Mrs Ore to Durt as the alternate seconded by Mr Lewis appoint Nancy Snow as the voting delegate and Will for NLC Annual Congress of Cities in New Orleans; carried 8-0 Item 11 t.10tion to appoint a City Councilmember to the CtlL Policy Committee t.lotion by ~lr Merkl to appoint Kay Ore to the C~lL Policy Committee; seconded by Mr Davis; carried 8-0 Item 12 Consent Agenda A Motion to approve the Transfer of Ownership from a Partnership to an Individual Ownership for "Family Supermarket", formerly "Ridgewood Super /1arket" , located at 10019 West 26th Avenue, a Class J - 3 2% Beer Retail License B Motion to approve the Transfer of Ownership for Lakeside Liquors, located at 5820 West 44th Avenue, from Anthony J Vinnola to the new owner, Steven K Lindstrom This is a Class D - Retail Liquor Store License C Motion to accept $52,866 from Public Service Company of Colorado for non-company owned street lighting facilities ~lotion by ~lrs by Ill' Davis; Snow to approve the Consent Agenda as printed carried 8-0 seconded CITY COUNCIL MINUTES SEPTEt1BER 12, 1983 Page -5- CITY AmUtJISTRATOR' S tlATTERS fIr Palmer commented on his memo concern1ng City Attorney's time CITY ATTORnEY'S MATTERS Mr Elayes stated he had spent 19 1/2 hours on City business during the first 6 business days of the month He has completed work on the Trainer lawsuit; talked to ~lr Albertson about the Einarsen lawsuit; will make every effort to expedite a decision on matter prior to date of election ELECTED OFFICIALS MATTERS Mr Merkl requested an amendment to the group home ordinance to cover two areas 1) allow for posting any time a group home is going in 2) Six persons or under receive a certificate of occupancy from the City He also requested an update on Board and Commission applicants Motion by t1r Aiello that #9 on the Drainage Priority List (38th & Upham) be moved to #6 and to move the rest down; seconded by ~lr rlerkl; carried 8-0 tlrs Snow questioned Council on goal setting; asked permission to contact school principals on students in a clean-up on Parks Day - there was a consensus for her to proceed She requested that all future Comprehensive Plan Amendments be posted; failed by a 4-4 consensus She asked that we bring in on November Ballot 2 things 2-year alternating terms; 4-year alternating terms Mr Hayes stated that it was too late for any Charter changes to go on the ballot ~lr Lewis voiced his concerns about the 44th Avenue Construction Meeting adjourned at 9 15 P m 1-xI) f? ~- ~ \vandfL~~~-:~lty ~~# IVS ch j