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January 13, 1986
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council Meeting was called to order by the Mayor at 8 06 p.m.
Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod
Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also
present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City
Attorney, John Hayes; Acting Public Works Director, Ric Minetor;
Director of Community Development, Charles Stromberg; Commander, Ed Ray;
staff; and interested citizens
APPROVAL OF MINUTES
Motion by Mr Davis for the approval of the Minutes of December 16,
1985; seconded by Mr. FIasco Corrections are to be made under
City Attorney's Matters-- "Open Space will not close on
property" instead of "will not address property"
." discussion on a possible" , instead of "Chambers
hearing" Motion carried 8-0 with changes
CITIZENS' RIGHTS TO SPEAK
Katherine Schultz, 4315 Xenon, addressed Option C on the proposed
Youngfield/Ward Road interchange; stated neighborhood felt Option E2
would be best in the long range
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Council Bill 220 - An Ordinance amending Appendix A of the Code
of Laws of the City of Wheat Ridge by adding Section 27 (J)
Relating to Satellite Signal Receiving Earth Stations
Council Bill 220 was introduced on second reading by Mr FIasco; title
read by the Clerk; Ordinance No 647 assigned
Richard Idler, 2659 Gray Street, stated that the Rules fail to take in
working of satellite; feels they violate First Amendment eights;
Ordinance is too restrictive
Bert Bucher, 10442 Moore Ct , representing American Cablevision of Wheat
Ridge, stated Section 11 of the Ordinance would take care of Cablevision
if it is not amended
Discussion followed
Bill 220 (Ordinance
amend Section 9 to
Motion by Mr FIasco for the adoption of Council
647); seconded by Mr Merkl Mr Merkl moved to
read as follows
"9 Amortization
Subject to the provisions of this Section 9, any satellite earth
station now existing in the City of Wheat Ridge is hereby declared to
be a legal non-conforming structure; provided, however, that any such
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CITY COUNCIL MINUTES
JANUARY 13, 1986
Page -2-
legal non-conforming structure which is reflective, not screened as
provided for in this Ordinance, located in a front yard, or is
roof-mounted in a residential zone shall be modified so as to be in
compliance in all respects with the provisions of this Section 27 (J)
on or before January 1, 1987, unless a variance is granted pursuant
to Section 10 of this Ordinance prior to January 1, 1987 Any such
legal non-conforming structure not brought into compU.ance, or
granted a variance, as specifically provided herein by that date
shall become, on and after that date, an illegal structure subject to
the provisions of Section 8 above"
Section 10 to read
" Board of Adjustment Authority Authority is expressly granted to
the Board of Adjustment to hear requests for variance, and to grant
variances, from the provisions of this Ordinance"
This remainder of the paragraph is to be eliminated. This was accepted
as part of the original motion Mr Davis stated he would be voting No,
based on 1 Section 9 Amortization is not protective enough to those
having existing dishes, specifically in back yard He goes along with
the fact that they should not be mounted in front yard or on roof 2
He thinks this ordinance, that is being passed, if City will have time
and facilities to enforce this Motion carried 6-2 with Mr Davis and
Mrs Worth voting No
Item 2
Council Bill 221 - An Ordinance providing for the approval of
rezoning from Commercial-One, Residential-Two, and
Agricultural-One to Planned Commercial Development and for
establishment of permitted uses on property located southeast
of West 44th Avenue and Youngfield Street, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-85-10) (Kunz Construction Company for Ralph and
Evangeline Mangone)
Council Bill 221 was introduced on second reading by Mr Merkl; title
read by the Clerk; Ordinance No 648 assigned Mr. Gidley presented the
case Mr Ralph Magone, applicant, was present and made comments on Mr
Gidley's presentation Discussion followed Motion by Mr Merkl that
Council Bill 221 (Ordinance 648) be approved for the following reasons
1 The property is within the City of Wheat Ridge, all notification and
posting requirements have been met, therefore there is jurisdiction to
hear this case 2 This request falls within the Comprehensive Plan and
meets the requirement of the Comprehensive Plan for the area and the
Master Plan for the area 3 There has been no opposition to this
development as an office building With the following conditions
I. Rezoning to Planned Commercial Development be approved and Outline
Development Plan submitted tonight be approved
CITY COUNCIL MINure8
JANUARY 13, 1986
Page -3-
(30,000 square ft bldg). 2 No guarantee be made as to the area of
access to the property 3 Conditional nature of approval is based
upon the local Master Plan and Street Alignment discussions Council
would retain the right to set final street alignment and dedication on
final development plan; seconded by Mr FIasco; carried 8-0
Item 3. Council Bill 222 - An Ordinance vacating a portion of Owens
Street in the Bickley Subdivision within the City of Wheat
Ridge, County of Jefferson, State of Colorado
Council Bill 222 was introduced on second reading; title read by the
Clerk Ordinance 649 was assigned Mr Hayes had language added at the
end of Section 1 - "Provided however there is reserved to the City of
\'lheat Ridge solely for the future benefit of utility providers and not
for street purposes an easement in and upon the property described
herein which easement may be utilized soley for the utility installation
and maintenance. Motion by Mr Davis for the adoption of Ordinance 649;
with corrections; seconded by Mrs Keller; carried 8-0
Item 4
Council Bill 223 - An Ordinance repealing and reenacting, with
amendments, Chapter 21, Taxation, Article 1, Retail Sales, of
the Code of Laws of the City of Wheat Ridge
Council Bill 223 was introduced on second reading; title read by the
Clerk Ordinance 650 was assigned Motion by Mr FIasco for the
approval of Ordinance 650; seconded by Mr West Discussion followed
Motion by Mr Davis to amend, but shall exclude "Natural Gas and
electrici ty i.n the direct production of a Greenhouse Industry "
Mr Merkl stated that he would be voting No because he thought when
Council raised the fees and taxes, it tried to place the burden around
As a Businessman his fees have gone up and he passes it on to the
consumer Mr. FIasco also stated that he was voting No for the same
reasons as Mr Merkl Vote on amendments was 6-2 with Mr Merkl and Mr
FIasco voting No Vote on original motion as amended was 8-0
Item 5
Council Bill 225 - An Ordinance providing for the approval of
rezoning from Agricultural-One to Residential Two-A on land
located at approximately 10500 South 1-70 Service Road, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-85-15) (Chris Dody)
Council Bill 225 was introduced on second reading by Mrs Keller; title
read by the Clerk Ordinance 651 was assigned Mr Gidley presented
case Present and sworn in by the Mayor was applicant Chris Dody, who
gave his proposal Motion by Mrs Keller for the adoption of Ordinance
651 with the condition that no Building Permit be issued Applicant was
to come back with P B G ; seconded by Mr West; carried 8-0
CITY COUNCIL MINUTES
JANUARY 13, 1986
Page -4-
Item 6
Council Bill 226 - An Ordinance amending Ordinance No 642,
Series of 1985, by Repealing and Reenacting Section 8 thereof,
and Readopting Section 5-82 of the Code of, Laws of the City of
Wheat Ridge which Secti.on relates to fees charged for Buildi.ng
Permits
Council
read by
for the
Bill 226 was introduced on second reading by Mr FIasco; title
the Clerk Ordinance 652 was assi.gned. Motion by Mr FIasco
adoption of Ordinance 652; seconded by Mr Merkl; carried 8-0
ORDINANCE ON FIRST READING (NO Public Testimony)
Item 7
Council Bill 227 - An Ordinance providing for the approval of a
Special Use Permit to allow Truck Tractor Parking on land
located at 3270 Youngfield, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No SUP-85-11) (Quality Inn-West)
Council Bill 227 was introduced by Mr. Johnson on first reading; title
read by Clerk; Motion by Mr. Johnson that Council Bill 227 be approved
on first reading, ordered published, public hearing be set for Monday,
January 27, 1986 at 7 30 P m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication; seconded by Mr Merkl; carried 7-1 with Mr West voting No
Mr West stated he normally doesn't vote against anything on first
reading, but will on this, because he feels one particular hotel is
being singled out; feels item should be a look at all of them
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8
CONSENT AGENDA
A
Resolution 969 - approvlng Intergovernmental Agreement with
State Department of Highways, Division of Highway Safety, for
STEP/MIS Equipment use
B
Resolution 970 - authorizing the City of Wheat Ridge to
participate in the Multi-Jurisdictional Anti-Fencing Project
C
Motion that the payment be authorized in the following amounts
DRCOG, $6,000; CML $10,630 08; and NLC $1,620; and that DRCOG's
letter agreement dated October 14, 1985, setting forth the
terms of the 1986 Elevator and Escalator Safety Inspection
program, be accepted; that the payment be approved in the
amount of $4,353, with $353 transferred from 01-607-795 to
01-122-704, and authorize payment of $10,048 31 to Jefferson
County Animal Shelter
--
CITY COUNCIL MINUTES
JANUARY 13, 1986
Page -5-
D.
Motion that the City of Wheat Ridge assist the Colorado
Municipal League to participate on behalf of municipal
interests and consumers generally in the 1985/86 Mountain Bell
rate increase proceedings in the amount of $2,109 17 to be
charged to Account 01-610-759
E
Motion that the payment of the premiums from State
Compensation Insurance Fund in the amount of $102,571 be
approved to be charged to Acct #01-610-621 Further motion
that the partial payment to CIRSA in the amount of $86,107 be
approved and charged to Account 01-610-781
F
Motion to accept all bids submitted by each bidder and direct
the Public Works Department to purchase the street maintenance
materials in accordance with the above priority ranking of each
bid for each material whi.ch takes into account the ton mile
haul cost and also the availability of the materials at the
time of purchase These materials are to be charged to the
General Fund Account #01-303-660
G
Motion to approve maintenance agreement with the Fulcrum
Office Systems in the amount of $3,840 00, to be charged to the
applicable account numbers
H
Motion that the Quit Claim Deed from Michael and Charlotte
Saracino, for the portion of West 44th Avenue within their
property, be accepted
I
Motion that the 1986 Capital Improvements Schedule of Projects
recommended by the Street Committee be approved
J
Motion that the Ci.ty award a contract to Sellards & Grigg, for
the preparation of legal descriptions for the West 44th Avenue
Project, in the amount of $4,700 with the contingency of $470,
for a total of $5,170; and for these costs to be charged to
Account #31-303-854
K
Motion that the City of Wheat Ridge approve offering Mr
Stafford and Mr DeVries the sum of $3,293 75 in return for
deeding 775 square feet along West 44th Avenue, to the City for
permanent right-of-way and that the amount be charged to
Account 31-303-854
CITY COUNCIL MINUTES
JANUARY 13, 1986
Page -6-
L
Consensus of Council regarding Street Committee recommendations
at their December 17, 1985 meeting
Motion by Mr Davis for approval of Consent Agenda i.n i.ts entirety;
seconded by Mr Johnson; carried 8-0
Item 9. Discussion regarding neighborhood request to purchase one acre
that is for sale located at Owens and Parfet, south on 38th
Avenue for parkland
(Randy West)
Karla Nostas, 3500 Parfet Street, Donna GIeck, 3900 Newman Street, Linda
Slater, 3501 Parfet Street, Les Botham, 3380 Pierce Street, Area Four
Planning Committee, all spoke i.n support of a park in this area. Motion
by Mr Davis to refer to Parks and Recreation Commission; seconded by
Mr West; carried 6-2 with Mr FIasco and Mrs Worth voting No Mr
FIasco can't see delaying this; feels people should have consensus on
how Council feels about this as a park; also need to let developer know
how City stands on this Mrs Worth stated she will be voting no for
the same reasons as Mr FIasco
Motion by Mrs Keller to
finish the Agenda in its
with Mr Johnson and Mr
suspend the Rules and go past 11 00 P m and
entirety; seconded by Mr West; carried 6-2
Davis voting No
CITY ADMINISTRATOR'S MATTERS
Received a check in the amount of $22,144.94 from American Cablevision
for last half of franchise fee
CITY ATTORNEY'S MATTERS
1 Mr Hayes stated there was a meeting with County Attorneys regarding
the Rock Gillhouse property; communication problem with Open Space has
been alleviated
2 He addressed the Tax Ordinance--Managers of Bowling Alleys are
present and would like to speak to Council
Butch Burcher, Brunswick Bowling Association, Aurora, and Dick Enston,
Wheat Ridge Bowling Lanes, addressed their concerns regarding the
increase in taxes Council took no action i.n this matter
ELECTED OFFICIALS' MATTERS
Doris Ibbison had some calls from property owners
Road and Youngfield; addressed their concerns and
neighborhood meeting and invited all of Council
Consensus to hold meeting was 7-1
in the vicinity of Ward
would like to have a
Discussion followed
CITY COUNCIL MINUTES
JANUARY 13, 1986
page -7-
Tony FIasco addressed the Street Committee Meeting and in order to fill
Street Committee plans, the City does not have enough staff, faced with
ei ther hiring temporary or consultants Money is avai.lable, but problem
is same as last year where money is in projects, if you hire temporaries
there is no money in that account; should be taken from unallocated
budget Suggestion was to use temporaries and take funds from projects
unless there is a hang-up and then go to unallocated
Appointment of Board and Commission Members
Motion by Mr Merkl to appoint Bea Collins Slingsby to the Animal
Control Commission from District I; seconded by Mr Davis; carried 8-0
Motion by Mr Merkl to appoint 0 W Preston to the Parks & Recreation
Commission from District I; seconded by Mr Davis; carried 8-0
Motion by Mr Merkl to appoint Susan Junker to the Board of Adjustment
from District IV; seconded by Mrs Worth; carried 5-3 with
Councilmembers Johnson, Davis, and FIasco voting No
Motion by Mr Davis to adjourn; seconded by Mr Merkl; carried 6-2 with
Mrs Keller and Mrs Worth voting No
Meeting adjourned at 11 50 P m
~;;1'1d~ " 1.,!*-
Wanda Sang, C1ty Cl~__
APPROVED BY CITY COUNCIL ON JANUARY 27, 1986 BY A VOTE OF ~
TO /
/
/~ ..k', -/ AL7'j
Kent Davis, Council President