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Home My WebLink About02/22/1988 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO FebruarD~.l988 The City Council Meeting wa~ called to order by the ~ayor at 7 30 p m Co u n c i 1 III e rr1 b e r s pre ~ e n t }, e n t L a v i ~, Ton y F 1 ii S" 0, LJ 0 r i ~ I b b i ~ 0 n, La r r y Merkl, ~oe Keller, Nancy ~now, Randy hest, ana ClaUdia Worth Also pre s en t C i t Y C 1 e r k, v, and a San g, C it Y Adm i n i 'i t rat 0 r, ~: i k e ~ TiJ i t h, C it Y Attorney, John fiaye'i, Director of PlanninG, Glen Gidley, Lirectur of Parks, Fiichard Bredt, Chief uf Police, Howard Jaquay, ~taff, and interested citizens PROCLAMATIONS OR CEREMONIES Presentation uf ProclaDiation for "wheat Ridge Jaycee~ Month" Mayor \,ilrje presented the ~roclarrJation to Kelly f'uyant, repre~enting the hheat Fiidge Jaycees APPROVAL OF MINUTES of February 8, 1988 Motion by Mr~ Ibbisun fur the approval of the Minutes of February 0, 19130, seconderj by Mrs Keller, carried 6-0 CITIZENS' RIGHTS TO SPEAK Donald Cobb, 2919 Eaton, spoke regardIng the alley between 29th & 30th Avenue and Eaton & Fenton StreEt fie ~tated the Fiest HOTlJe is clo~e to the alley, the alley is impassable, trash handler'i have to back in from either end, contractor has shown complete disregard to the neighburhood Dougal GrahallJ, 3330 Chase Street, gave reminder regarding guidelines for the LLJFi Task For~e, which were incorporatea 2 years agu, called for a rational review of the Code PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Motion by Mrs Snow to change the Agenda to move Item 3 ahead of Item 2, seconded by ~rs Wurth, carried 0-0 I tern 1 Council Bill 329 - An Ordinance annexing ~ertain prup- erty (Continued from February 8, 1986) Council Bill 3.::9 wa~ introduced on second reading by hr~ Ibbison, title read by the Clerk, Ordinance No 745 assigned Mr Gidley presented the annexation case and entered a Resolution of approval from Jefferson County Commissioner~ into the record Jose~~rain, representing Jefferson County, was present and sworn in by the ~ayor CITY CUUNCIL kINUT~S February 22, 1906 Page -2- hotion by hrs Ibbi~on for the aduptiun of Council bill 3~9 (Orainance No 745) on secund reading, seuunded by ~r~ ~urth, carried 0-0 Item-2_ Council bill 331 - An Urr:1inance cHlJending Appendix A uf the Code of Laws of the City uf ~heat Ridge by the adaitiun of a new Section 26 concerning Vested Pru~erty Rights Council bill 331 was introducea un seconr:1 reaoing by hrs Snow, title rear:1 by the Clerv, Ordinanue No 746 as~igned Motiun by Mrs Snow for the adoption of Council bill 331 (Ordinance 74b) and that a copy be sent to State Legislators, ~econded by hr West, carried 2-0 I terll 2 Council bill 330 - An Urdinance providing f'or the approval of rezoning from Residential-Three (R-3) to Planned Commercial [evelupment (FCG) and for approval of an Uutline Gevelupment Plan on land locatea at approximately 3790 Wadsworth Boulevard, City of ~heat Ridge, County of Jefferson, State of Colorado (Case No ~Z-E7-15) (Ralph A Lrienza) Council bill 330 wa~ introducerJ on second reading by ~:r IJavis, title read by the Clerk, Ordinance No 737 assignerJ hr GirJley pre~enterJ the case Ap~licant Ralph Lrienza, 10675 h 32nd Avenue, was sworn in by the Mayor and gave hi~ reasons for wanting the rezoning Speaking in favor and sworn in by the ~ayor were Walter J Loigegrain, H h Townsend, 3425 Pierce, and Gaylord Stumm Speaking in opposition and sworn in by the Mayor were Robert Olson, 5050 Raleigh, Louise Turner, 11~56 ~ 36th Avenue, Martha Shacklett, 3592 SimrrJs Discussiun follower:1 hot ion by hr Davis that Council Bill No 330 (Orainance No 737), a request for approval of a Rezoning from Residential-Three to Planned Cummercial Development and fur approval of an Outline Development Plan for property at the southeast curner of We~t 38th Avenue and Wadsworth BlvrJ , be ap~roved for the fullowing reasons 1 The request is consistent with the Comprehensive Plan 2 The request is compatible with adjacent zoning and land use 3 Staff and Planning Commissiun recummend approval With the following conditions 1 The curb cut be moved toward the ~outhern boundary of the property, the exact location of w~ich will be determined at the time of Final Develupment Plan 2 A traffic impact ~tudy be submitted with the ~inal Develupment Plan which also show~ internal circulation connection 3 That a written agreement between the church and applicant concerning relocation of the RTD easement be submitted, seconded by ~r Merkl hrs Worth will vote No, she does not feel the Flannea Commercial Develu~ment un the parcel is compatible with the adjacent zoning and lanr:1 use The Comprehensive Levelopment Plan shows ~ubject property Commercial Activity Center, but regarding this use, she does not feel the pruposed cummercial rezuning wuuld generally be cunJpaLiLle with ttJi<> designation She does not think the propusal flleets the goals and CITY C0UNCIL ~INUTLS February 22, 1YBb Page -3- objectives of the Comprehensive Plan, is concernea with quality design for ttle Commercial Activity Center conce~t Addressed portion of staff recomruendation--staff concludes that a goal uf this City is to unify businesses at major intersections into well designea commer~ial nodes and therefore woula rather see a project which cunsiders a much larger redevelopment area versus the incrementation that is propused, so that a more beneficial utilization of land could oc~ur within a more imaginative site development scheme She definitely agrees with that Does not feel a convenience store develo~ment on this site is proper The developer could corne up with a more viable development ~irs Snow asked that the wording on the map be changed as part of the mution--under Allowable Uses the wurding reaa--.. will be permitted except the following.. hr Lavis agreed tu have this as part of his motion, second agreed also ~otion carried 7-1 with ~rs horth voting no Item 4 Council [ill 332 - An Ordinance repealing and reenacting Section 27 1 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to Off Street Parking Requirements Council Eill 332 was introauced on second reading by ~r Merkl, title read by the Cler~, Ordinance No 74~ assigned ~r Gidley referred to all the materials distributee, the first reading, and the Stuay Session pertaining to this Ordinance He recommendea the f'ollowing specific recommendations tu what already has been proposed These changes are results of what has been discussed at last week's study session On Page 7 C 5 a -this is s~ecifically regarding reference tu Agricultural Zone District for the parking lot buffer- in order to ac~oruplish the intent uf City Cuuncil, it read "Whenever a parking lot boundary adjoins property zoned for low or medium density residential use, or if zoned Agricultural and developed as Residential" On Page 17, Council had suggested a new ~ategory "Elderly Group Homes .5 space for each elderly occupant, plus the standard residential dwelling requirement" On Page 17, under Elementary School, "1 space for each classroom or each 20 students whichever is greater, plus 1 space for each teacher and administrative staff" On Page 20, revise Note #2 tu read as follows "for operations which contain more than one use category (e.g motel/restaurant), the Zoning Administrator shall require parking computed by using the "Mixed Occupancy" provisions as per section 27.1, B.3., however he may allow for up to a 50% reduction in parking for secondary uses where it is clearly shown that maximum parking demand peaks will not coincide" Those are staff suggestions based on what City Council has ~roposed Staff has nu problem with all the other Council suggestiuns ~rs Snow referred to another requested change from Mr hayes CITY ClJUtlCIL !-JINUTES FetrUary 22, 1<,;28 Page -4- non Sel s tad, 20Si C Lan;ar 2' treEc t, H arold L~re n, 461) 5 Ev ere t t S tree t , Lillian Flefliini:" 63L3 v. ~':!th J\venu\::, Dougal Grahan" 333U Chase, GenEc Co v e 11 0, 3 1 5 5 \\ rig h t, 1\1 c h a r r:l E b a '3 set t, 4 1 2 5 t'l a r '3 hall, all we res w 0 r n in by the ~ ayur anrJ gave their c.orrJfJlents and sugge'3tiun<> or the proposeG Urdinance hotiun by hr herkl fur the ar:lOptiun of Ordinance 1,0 74b un secunrj readini:, with the an,erdrl1ent'3 discu'3ser:l at the Study ::'es<>ior. uf February 16, 1Siob, as fullows change Section A, second and third jJaragra~h, "wherein" to "if", under Section b a after "may park" aGG "or allow the parking of", under 3 c it read as provided earlier by the City Attorney "an accelldecel lane is in existence (or is reserved) upon adjacent property, and pedestrian or vehicular traffic would be imperilled, or minimum recognized engineering design and lor safety standards would not be met, if the accelldecel lane was not extended", under 5 b change "wherein" to "when", unr:ler 6 e change "Zoning Director" to "Public Works Director", on page 15, delete the provisions of subsection 22, on ~age 15, under d 2 change "other than" to "such as", under Congregate Care - 75 per each bedroom plus 1 '3pace for each employee on maximum shift, under Elderly Group home - + 5 space for each elderly tenart, under Multi-Family Elderly Housing - 1 21) space for 1 bed and 1 71) '3paces for 2 beds and over 2 bedrooms the same as residential non-elderly housing, also irsert staff suggestions ana revisions added as ar amendment to the original, take orphanages and other similar uses out and under Post Office ana Public buildings, add "if not otherwise listed", anr:l un pabe 11, paragraph 15 i'3 to be completely eliminat\::d, on page 15 add subsection 22, (it was elillJirlated by mistake), seconded by hr'3 Snow Mrs Snow made an amendment un the top of page 17, that the allowance for 2 bearuum multi-elderly huusing be 1 l) s~aces, which is exa~tly what it is in the current orainance ~'Ir her~ 1 accepted this as a friendly amendment Under page 5 Sectiun 6 b change feet" to "six feet from the sidewalk feet from the edge of the travelled page 6, secondea by hr herkl, After discussiun, Nrs Snow changed her amenGment to '3imply replace the reading of "eight feet to six feet" on the previously rrJentioned pages, secunded by hr herkl, carried 6-2 with Councilmembers Fla'3co and Ibbison voting No Mrs ~orth asked for an amendment on page b under C Surfacing Parking and driveway areas for all uses other than one family residence'3 in "all" district'3, secondea by Mrs Snow, Mr Davis called for the que'3tion, seconded by Mrs korth, carried 7-1 with Mr Nerkl vuting No Amendment failed 4-4 with Councilmembers Keller, horth, Snoh, and Ibbison voting yes Call for the que<>tiun on the original motion by Mr Davi<>, seconded by hr herkl, carried 5-3 with Councilmembers kest, Ibbison, and ~ortt votine; no Vote on the orii:,inal mution with amendments carried 5-3 with Councilmembers Ibbison, Flasco and West votini:, No "which are either eight (8) or if there is no sidewalk six street", and tu also change this on CITY COUNCIL ~INUTES February 22, 1988 Pa6e -5- hot ion by ~lr ~ erkl to bU j..-ast 11 00 P m an" finish the Abenda, seconaed by ~rs ~now, carried 7-1 with Mr Davis votinb No ORDINANCES ON FIRST READING Item 5 Council bill 333 - An Urdinance ::; \-J e cia 1 Use Per II, i t fur gas u 1 i n e hest 38th Avenue, City of Wheat State of Colorado (Case No SUP-86-1) \-Jrovioin6 for sales on land Ridge, County the a\-Jproval of' a located at 5955 of Jefferson, (A\-Jple ~';utors) Council Bill 333 was introduced by Mr herkl on first reaainb, title reaa by Clerk Motiun by hr Merkl that Council Sill 333 be approved on first readinb, ordered published, public hearing be set for ~onday, March 14, 1988 at 7 30 p m in City Council Chambers, Municipal Bldb , and if approved on second reaaing, take effe~t 15 days after final ~ublication, seconded by Mrs Keller, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Motion that the contract for the Construction of Owens Park be awarded to Western States Reclamation for their base bid of $46,154 95 plus alternate number 1 at $1,288 amounting to $47,442 95, plus a 10% contingency fur a total of $52,186, and that the Director of Parks and Recreation Dej..-artment be authorized to sign all change orders All costs to be charged to Acct # 32-601-855 Richard Bredt introducea this item Sworn in by the Mayor were Martha Shacklett, 3592 Simms, who stated neighborhood park was tu be a small green area for aesthetic purposes Karla Nostas, 3500 Parfet, asked for lIJore simplicity Dougal Graharr., 3330 Chase Street, feels that if there is no clamor for this extensive development, the City shoula save the money and not 60 to this extent ~otion by hr West to send this back to the Parks Commission at one of their meetin6s next month, then brinb it back to Council before the aesign gues out to bid, second eo by Mrs Snow, ~arried 8-0 I tell] 7 Resulution 1074 - authurizing the Mayur tu si6n the Intergovernmental Agreement entitlea Request for Payment and Certification uf use of funds fur Owens Park Construction This Item was not addressed, because of Motion on Item 6 to send it back to Parks Comri,ission Item 8. Resulution 1075 - amenolng Resolution No 1065 aao~ting schedule and proviaing pay grades and pay ranges for fiscal year 1988 (Assistant tu the City Administrator for Ecunomic Development) ~r Srllith ~resentea this Item Motion by t'lrs 1075, but to amena the job description under 4 Executive Lirectur uf the Wheat Riage Ecunomic Revitalization Cummission with their appruval, Worth to adopt Resulution to read "may serve as Development and secunded by ~rs Ibbison CITY COUNCIL MI~UTES February 22, 1908 Page -b- Mr Merkl will be voting no, because we can't affora tllis at this tiffie Motion by Mrs 5nuw that nu mure than 40% of the time of the Executive Virector be for EDARC matters, seconded by Mrs heller, failed 3-5 with Councilruembers Keller, Snow, and Davis voting yes Vote on original motion failea 3-5 with Councilmembers ~urth, Ibbison, ana west voting yes I terlJ 9 Appuintment~ to Hoards ana Commissions ~otion by Mr ~est tu reappoint bea Collins Slingsby, Dr kobert Hilsenroth, and Dr Gary Gosik to the Animal Control Comruissiun, their tern;s will expire on March 2, 1991, seconderj by hrs Snuw, carried 0-0 Motion by hr west to reappoint F Allan hi lls and Daniel Fdchardson to the Arborist Board, their terms will expire on March 2, 1991, seconded by hrs Keller, carried 0-0 Mot ion by Hr W es t tu reap pu in t J arr,e ~ K eyno ld s, and Su ~an Junker to the Board of Aajustwent, seconded by hrs worth, carried 8-0 Motion by Nr West to reappoint Karen watsun to the board of Adjustment, seconded by hrs Ibbison, carried 5-3 with Councilmembers Keller, Worth, and Snow voting No Motion by Mr west tu reappuint Kenneth V Adams and Sam Martin to the Building Code Advisory Board, and to appoint Warren Johnson, District IV, their terms will expire on March 2,1991, seconded by Hrs Worth, carried 0-0 Motiun by Mr West to reappoint Willard Myers and Jeanette Kossillon to the Civil Service Commission, their terms to expire March 2, 1991, seconded by Mr~ Snow, carrieo 0-0 Motion by Mr Nerkl to reappoint Edgar Johnson, Betty Gay, and Sue Wilson to the Parks & Recreation Commission, their terms to expire March 2,1991, seconded by hr fvierkl, carried 8-0 Motion by Mr West to reappoint William Thornton to the Personnel Comruissiun, and to appoint Thomas H Pullen frum District IV, their terms will expire on March 2, 1991, seconded by Mrs Worth, carried 8-0 Motion by Nr West to reappoint Rubert P. Eckhardt and Phil EOwards to the Planning Commission, their terms to expire on March 2, 1991 Item 10 Motion by Mr Merkl that payment be authurized in of $4,000 to Wheat hidge Carnation Festival and Acct 01-b06-799, seconded by Mrs Worth, carried the an,ount charged to 8-0 Item 11 Motion regarding Purchase of vehicles anrj S T E P for Police Department Equi~ment Motion by Mr~ Worth that we purchase ten (10) 1988 Chevrolet Police Sedans from 5tevinson Chevrolet for a total of $118,108 50, three police vehicle rarjios anrj two police rnutorcycle readios from Motorula for a total of $9,717, and two (2) Kawasaki KZ100P5 Police Moturcycle~ from Gulden Motorcycle Center for a tutal of $12,101 04 CITY CUUNCIL MINUTES February 22, 1985 Pabe -7- I further move that the following accuunt~ be charged for the amounts indicated 01-203-805 $9,716 60, 01-203-807, $48,g1J 59, 01-203-809, $8,343 00, 57-305-807, $82,675 95 I al~o move that $14,312 95 be tran~ferred from account number 01-6U7-795 to account number 57-305-807, seconded by Mr herkl Motion by Mr Fla~cu that only five (5) 1988 Chevrolet Police Sedans be purchasea, seconded by Mr Davis, carried 6-~ with Mr ~erkl and Mr~ worth votini', No Vute on orii',inal motion as arllenaed carried 7-1 with Mr ~e~t votini', no Item 12 1'0tion by hrs Snow that the City uf wheat Eid6e purcha~e a 3/4" water tap fee frum the Denver ~ater Board at a cost of $3,b95 and charge it tu hcct n3~-6U1-855, seconded by Mr Davis, carried 8-0 CITY ADMINISTRATOR MATTERS ~Jike2n!i th asked to clarify meeting dates The has been cancelled, please schedule another for incentive prograrn for A~ril lb, 1988,730 pm April 4 Study Session review of sales tax Consensus was 6-~ CITY ATTORNEY'S MATTERS John Hayes will be out of town fur the next rei',ular rneetini', on March 14, 1988, Mr Phillips will be here for that meeting Mrs Keller asked for an Executive Session under Section 5 7 (bl1 (A) - Real Estate Acquisition, seconded by hr herkl, carried 6-2 with Councilrnembers Worth and [avis voting no John Hayes filea brief in Currier lawsuit today, passea out a cop~ EXECUTIVE SESSIUN WAS HELL Motion by Mr Merkl to mail letter, dated FebrUary 23, seconded by Mrs Worth, carried 5-3 with Luuncilmembers Flascu, Snow, and West voting No hotion by Mr Merkl to accept settlement un Noble property, seconded by Mrs Worth, carried 7-1 with ~r Flasco votini', No MeetinG 3!]juurned at 1 12 a tfj APPROVEC BY CITY CUUNCIL UN MARCH 15, 1988 bY A VCTE OF 8 TO o L/ L,L. Kent Davis, Council I President