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HomeMy WebLinkAbout01/13/1986 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 - 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