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HomeMy WebLinkAbout09/26/1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO SEPTEMBER 26, 1983 The City Council Heeting was called to order by the ~layor at 7 30 P m Councilmembers present Will Burt, Kent Davis, Clyde E !Iobbs, Ken Lewis, Larry ~'Jerkl, Kay Ore, and Haney Snow Mr Aiello arrived at 7 32 p m Also present City Clerk, IJanda Sang; City 'l'reasurer, Jim ~.lalone City Administrator, Tom Palmer; City Attorney, John !Iayes; Department heads Charles Stromberg; Rodger Young Richard Bredt; Chief Jaquay; staff and interested citizens notion by nr Davis to approve the Minutes of September 12, 1983 seconded by Mr ~lerkl; carried 6-2 wi th ~'lr Lewis and ~lr Hobbs voting No ell' Hobbs asked if tapes are kept indefinitely; Clerk replied they are kept for 2 years Mr Hobbs stated he was asked why he always voted no on approval of ninutes and his answer was because they were only kept for 2 years and not indefinitely CITIZENS' RIGHT TO SPEAK Albert Goodson, 4260 Brentwood, read a letter of commendation to SPO Frank Nowakowski of the ..meat Ridge Police Department for saving his life on May 2, 1983 Nelson Hadeau, Director of Jeffco Social Services, 8550 W 48th Ave , spoke on proposed amendment on Group Homes He spoke in support of amendment Sandy Collins, 4415 Teller, representing concerns of neighborhood, specifically Ordinance 535, Subsection Appendix A, concerning Group Homes, gave their recommendations nn amendments to the Ordinance Mr /lerkl stated he will take all comments and suggestions from neighbors and draw up an amendment Motion by Mr Aiello for adoption of emergency ordinance and a moratorium effective for 90 days on introduction and commencement of group homes except as provided for in CRS 31-23-304 Reasons for adoption of Ordinance as an emergency ordinance are for the preservation of public property, health, and safety; seconded by Mr Merkl Discussion followed Mr Davis called for the question seconded by ~lrs Ore; carried 5-3 with Councilmembers Lewis, Snow, and Durt voting No Vote on original motion carried 8-0 Claudia Worth, 4650 Oak Street, spoke on Board of Adjustment view on the Group Horne at 3231 Teller She made suggestion for amendment Charles Coleman, 7245 W that they are a nuisance 32nd Place, neighbor of group home, commented He feels the way they got in was underhanded CIT't COUNCIL /lINUTES Septe~ber 26, 1983 Page -2- Item 1 notion that Case No \vPA-83-3, which is a Comprehensive Plan Amendment in the vicinity generally bordered by Harlan Street on the east, 1-70 on the south, West 51st on the north, and Quay Street (extended) on the west, be approved Mr Stromberg gave the staff report Motion by Mr Burt that Case No WPA-83-3, which is a Comprehensive Plan Amendment in the vicinity generally bordered by Harlan Street on the east, 1-70 on the south, West 51st on the north, and Quay Street (extended) on the west, be approved seconded by Ilr ~'lerkl; carried 8-0 Item 2 Public Hearing re 1984 City of Wheat Ridge Budget Louise Turner, 11656 W 38th Ave, spoke regarding property tax revenues, Urban Renewal Authority, Parks, Street Reconstruction (32nd Avenue & 44th Avenue), and wants Council to look at their goals Betty Biddinger, 3840 Estes Street, commended Council, Mayor, City Clerk, and addressed her likes, such as curbs, gutters, turn lanes, pretty parks, etc JClotion by /lr ~1erkl to approve the 1984 Budget as amended 1n its present form; seconded by Mrs Ore Motion by Mr Hobbs to amend the budget for Merit Pay to be in each individual department's budget; seconded by Mr Lewis ~lr Aiello amended ~Ir Hobbs' amendment to split merit in two categories and pay merit on an annual basis; died for lack of a second Call for the question by Mrs Snow; seconded by Mrs Ore; carried 6-2 with Mr Lewis and Mr Merkl voting No Vote on amendment failed 3-5 with Councilmembers Lewis, Aiello, and Hobbs voting yes Council agreed that the beginning motion to approve the 1984 Budget was in error Motion by Nrs Snow that the amount of sales tax that goes to Urban Renewal Authority Property Tax be listed as a footnote in the budget ~lr Merkl called for the question; seconded by /.11' Aiello; carried 8-0 Vote on original amendment carried 8-0 Mrs Ore stated she would like $170,000 from lottery money to be put on anyone of three parks in the City that is raw land Item 3 Council Rill 99 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Restricted Commercial (R-C) to Restricted Commercial-One (RC-l) on land located at 3835 Newland Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-18) (Church of God Holiness) Council Rill 99 was introduced on second reading by ~lr Burt; title read by the Clerk Mr Aiello asked Council if they wished for him to abstain from voting on this Ordinance since he works for the Real Estate company involved in the sale of this property Mayor asked Council if they wished Mr Aiello to abstain Mayor stated a positive vote would allow Mr Aiello to vote Vote carried 6-1 with Mrs Snow voting No and ~lr Aiello abstaining /lr Stromherg gave the staff report Mr C F Troy, 3950 Routt St , was here as representative of the Church and was sworn in by the ~layor SEPTEMBER 26, 1983 CITY COUNCIL MINUTES Page -3- Motion by ~lr Burt that Council Bill 99 (Ordinance 546), a request for a change of zone from R-3 & R-C to RC-l at 3835 Newland Street, be approved for the following reasons 1) Staff and Planning Commission recommend approval; 2) The request is consistent with the Comprehensive Plan 3) The request is compatible with adjacent land uses; 4) The conditions contained within the rezoning ordinance provide for improved compatibility between the subject site and surrounding residences, and with the condition that staff be satisfied that error in suhdivision plat is corrected seconded by 11rs Snow Nr Hobbs stated that staff has noted there is an error in subdivision plat and he will be voting No because error has not been explained Motion carried 6-2 with Mrs Ore and ~lr Hobbs voting No Item 4 Council Bill 100 - An Ordinance repealing and reenacting Section 21-2 of the Code of Laws of the City of Wheat Ridge relating to Sales Tax Licenses by providing for no sales tax license to be issued until the department of Community Development has verified the use to which property is sought to be placed is allowable under present zoning and restricting sales activities to locations other than the public rights-of-way Mrs Snow does not wish to introduce this Council Bill Council Bill 100 was introduced on second reading by Mr Aiello; title read by the Clerk Mr Davis stated that he is a supplier of cut flowers for Flower Children and stated he will be voting No because Ordinance pinpoints groups Mr Lewis amended that Community Development will not delay investigation more than 24 hours, otherwise license is automatic; seconded by ~lr Hobbs Motion by /Ir Aiello for the adoption of Council Bill 100 as written, and to direct Community Development to bring back procedures permitting people on areas; seconded by ~Ir Burt ~lotion by Mr Davis to Table Ordinance until information can be brought in; seconded by Mr Lewis; carried 6-2 with f'lr Aiello and I'lr Burt voting No Item 5 Council Bill 103 - An Ordinance amending Sections 18(B) and 19(B), Special Uses, of Appendix A of the Code of Laws of the City of \'lheat Ridge, and providing penal ties for violation thereof Council Bill 103 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 103 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, /lunicipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs Ore carried 8-0 Item 6 Council Rill 104 - An Ordinance amending Section 12-2, 110del Traffic Code--Amendments, Additions, /lodifications, and Deletions, of the Code of Laws of the City of ~nleat Ridge by repealing and reenacting Section 11-1, Stopping, Standing, or Parking prohibited in Specified Places--Thereof, and adding thereto Section 11-4, Parking of "/lajor Vehicles" in Residential Districts, and providing Methods of enforcing said adoed Section 11-4, each of which shall constitute amendments to "The 110del Traffic Code for Colorado 11unicipalities," 1977 Edition previously enacted by the City of Wheat Ridge CITY COUNCIL MINUTES SEPTEMBER 26, 1983 Page -4- Council Bill 104 was introduced on first reading by Mr t1erkl; title read b} the Clerk Motion by Mr Merkl that Council Bill 104 be approved on first reading, ordered published, public hearing be set for rlonday, 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 11rs Ore; carried 7-1 with Mr Lewis voting No Item 7 Council Bill 105 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to off-street parking requirements Council Bill 105 was introduced on first reading by tlr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 105 be approved on first reading, ordered published, public hearing be set for Monday, October 24, 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 Mr Merkl; carried 7-1 with Mr Lewis voting No Motion by Mr Hobbs to suspend the Rules and go past lIon p m seconded by Mr tlerkl; carried 7-1 with Mr Davis voting No Item 8 Council Bill 106 - An Ordinance providing for the approval of rezoning from Agriculture-One to Commercial-Two on land located at approximately 10551 W 41st Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-13) (George Langdon) Council Bill 106 was introduced on first reading by Hr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 106 be approved on first reading, ordered published, public hearing be set for Monday, October 24, 1983 at 7 30 P m in City Council Chambers, 11unicipal Building, and if approved on second reading, take effect 15 days after final publication seconded by tlr Davis carried 6-2 with t-1rs Ore and Mr Ilobbs voting No Item 9 Motion to approve 2 Project Elements for the Limited Wadsworth Town Center Project and Urban Renewal Plan recommended by the Urban Renewal Authority in UI< Resolution 83-38 for (1) Town Center Park development and (2) connector drive joint improvements with the property owners Mr Stromberg presented the background ~1r Davis stated he has a vested interest in Item (2) ~layor asked Council to vote on I1r Davis' abstention on Item (2) Vote carried 7-0 with Mr Davis abstaining Motion by ~lr l'1erkl to adopt Item (1) with the change of amount from $400,000 to 100,000 to 200,000 to construct the Wheat Ridge Town Center Park seconded by t1rs Snow carried 7-1 with Mr Lewis voting No Motion by 11r ~'lerkl to adopt Item (2); seconded by 11r Burt; carried 6-1 wi th fvir Lewis voting No, 1Jr Davis abstaining CIT\ COUNCIL NI~UTES SEPTEMBER 26, 1983 Page -5- Consent Agenda Item 10 A Resolution 855 - Extension of Inducement Resolution for the 1st bank of Wheat r<.idge Industrial Development Revenue Bond for a project in the Wadsworth Town Center to October 1, 1985 B Resolution 856 - providing for a Budget Transfer to fund a new radio system C ~lotion that a payment of $54 44 be made to the Wheat Ridge Fire Protection District relating to the intergovernmental agreement between the City and the Fire District for the Town Center Urban Renewal Project and that the Town Center sales tax increment funding due to the Authority be reduced by the same amount This payment covers the full estimated amount of property tax increment to be received during the 1983 calendar year D Motion that Precinct 7 and 8 boundaries remain as they were before August 8, 1983 E Motion to approve judges' list; payment of judges; and polling places F Resolution 858 - which authorizes the Mayor to sign the Intergovernmental Agreement between the City of vfueat Ridge and the County of Jefferson to provide for the performance of certain duties by the County Clerk G Award of bid for street and parking lot improvements at vfueat Ridge Park to Siegrist Construction Co , at a total cost of $166,452 to be charged to Account Number 31-603-800-862 H Resolution 859 - authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment and certification of use of funds for the reconstruction of ,'fueat Ridge Park Parking Lot Mr Lewis asked to have A, B, and D pulled and voted on separately Motion by Mr Davis for the adoption of Item A; seconded by Mrs Ore carried 7-1 with 11r Burt voting No Motion by Mr Merkl for the adoption of B seconded by Mr Aiello; discussion followed; call for the question by Mr Aiello seconded by Mrs Ore; carried 6-2 with Mr Lewis and Mrs Snow voting No Motion by Mr Aiello for the adoption of D; seconded by Mrs Ore; carried 5-3 with Councilmembers Davis, Lewis, and Snow voting No Mr Davis stated he is voting No because we vote on something once and we keep thrashing it out Motion by Mr Merkl to adopt the rest of the consent agenda as printed seconded by Mr Aiello carried 8-0 CITY COUNCIL MINUTES SEPTEMBER 26, 1983 Page -6- Item 11 110tion to instruct the Wheat Ridge Urban Renewal Authority to locate an economic development professional to procure tenants or businesses to locate within the Urban Renewal Areas Motion by ~lr 7-1 with /lr Merkl to Table Item 11; Aiello voting No seconded by /lr Hobbs carried CITY ADMINISTRATOR'S l''lATTEES Mr Palmer stated he received the first claim on Cable TV fund and he 1S making a payment of $435 00 CITY ATTORNEY'S MATTERS 11r Hayes requested an Executive Session under 5 7(B)1(b) of the Charter on consideration of settlement on law suit Motion by Mr Aiello to hold Executive Session; seconded by Mr Merkl; carried 8-0 ELECTED OFFICIALS' MATTERS Mrs Snow asked for report on light at Lutheran Hospital Mr Burt wanted to know what Council is going to do on Agenda Item 11 Does it need a Study Session? Council answered "no" ~1r Aiello motioned to change Study Session from November 1 to November 21, 1983; seconded by Mrs Ore; carried 8-0 Mrs Ore gave directions to Jeffco Governments meeting Mr Hobbs stated on March 24, 1983 sent in the final report on the study on Air Pollution; read a letter from Ray r10yer dated September 20, 1983, gave reasons for delay read letter from George Graul on weeds, dated 9/6/83; brought to attention that east of Einarsen property garage sales have been held Ile believes there can only be 3 per year Executive Session was held Meeting adjourned at 11 50 P m I / /d. 'feZ ~.. 'i'Janda Sang, WS; ch j ;