Loading...
HomeMy WebLinkAbout02/28/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADQ February 2~994 The Citv "ouncil Meeting was called to order by Mayor ~ilde at 7 30 p m rouncilmembers ~resent Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, ken Siler, Tony Solano, and Clauiia ~orth Also present City Clerk, Wanda Sang, rity Administrator, Robert Miidaugh, City Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, rhief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of February 14, 1994 Motion by Mr Eafanti for the approval of the Minutes of February 14, ~9<f4~secondej by Mr Siler, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor hilde announced that the Proclamation for "Sons of Italy" was delivered to them yesterdav CITIZENS' RIGHTS TO SPEAK Peter HomburM2:, 8991 \V 38th Avenue, was S\.lOrn in by the fvIayor, he spoke in favor of undergroundin8 utilities on W 38th Avenue between Cody and Kipling and to leave the wiith at 36 feet Thomas Slatter..l, 6869 W 32nd Avenue, '.vas sworn in bv the Mayor, he represents Wheat Hidge United Neighborhoods, and read their letter into the record, which requests Council to repeal Sections 4 and 5 of Ordinance 945, because they question the legality of said Sections since they feel it was done without benefit of public knowledge and input PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Ite.EJ_J_ Counc.il Bill 39 - An Ordinance providing for the approval of a Special Use Permit to allow a Day Care Center/Kindergarten in a Residential-Two Zone District on land located at 3516 and 3536 Jay Street, City )f Wheat Ridge, County of Jefferson, State of Colora.do (Case No SUP-94-1) (Nina Forgo and Rose Foster) rouncil Bill 39 W8;3 introdlJced by Hr Siler on second reading, title read by the "lerk, Ordinance No 953 assigned Mr Giilev gave the staff report for b)th parcels and answered qlJestions CITY COUNCIL MINUTES February 28,1994 Page -2- Motion by Mr Edwards that this Item be heard in two portions as to presentation, public testimony and motions, seconded by Mrs Worth, failej 3-5 with rouncilmembers Worth, Fields, and Edwards voting yes Nina.Forgo, 8~0 S St Paul 3treet, Denver, applicant, was sworn in by the Mayor She explained that she wanted to combine the two parcels, get rid of the non-~onforming use permit ani get out of the grandfather clause that would reqlJire application in the year 2000, that is why she applipd for the Speci31 Use perwit for 353b Jay Street 353b ,Jay Street will continue in operation as it has sin~e 1957, they have been licensed for a varying number of children-- between 55 ani 65, there is need in the area for licensed childcare They have former students' children enrolled now and are ~aring for a se~ond generation of 0hildren Parents are interested in having their infants cared for in the same facility that is caring for their pre-schoolers, this would not impact traffic She feels the traffic count would be less than presented Childcare serves the community and should be in a residential area Noise is lJsually only created during warm weather, outside playtime L, limited Speaking in favor of rouncil Bill 39 and sworn in by the Mayor were Natalie Hook, 3401 Harlan Street, Kate Kyanne, 3559 Ingalls Street, Dennis Blis~, 6120 vi 35th Place, .!:L~oster, 341n Fenton Street, Katie Fiel~, 7790 W 41st Avenue, M~~cAv01, 4515 wuay Street, Patric~ Bruce, 2b20 Newland Street, Michelle Clements, 7245 W 13th Avenue, Marty Ch~_~, 3247 Jay Street, ~nna Riley, 43bO Depew Street, Lee McKibbi~, 3329 Swadley Their comments included Daycare for infants and toddlers is extremely important, but hard to find, Wheat Ridge needs these services to entice younger families to move here, quality of care at this Daycare is excellent, don't make people transport children to two different places, noise isn't that bad and wast people are at work anywaj, noise is a good, fun noise anyway--children playing and laughing, don't take the grass away and turn it into parking area, children belong in residential, not in commercial areas, traffic is not much of an issue, people are very ~areful Speaking in opposition and sworn in by the Mayor were Nick Faes, 5025 Stuart, Geraldine Faes, 6205 W 35th Avenue, Norma Faes, 6215-~35th Avenue, Susan Seeds, 6147 W 35th Avenue, John Faes:62~ W 35th Avenue, Rand)f~lageo~-,- 6130 W 35th Avenue, KerlLamkiri, 6147 TN 35th Avenue, DorothY_Jhompson, 3011t Chase Street, Larry Merkl, 71'7') w 34th Place, R01!.~el~_~~, 2890 Lamar Street, Jim D~.I!, 6138.1 35th Avenue, Shirl-!~LJJeightoz:., 61bO W 35tf) Avenue, Jim-Xaes, 6215 W 35th Avenue Their comments inclu1ed Concerns about a1equate parking, air, water, and noise pollution, increased traffic, intrusion of a business in the residential neighborhood, decrease in quality of life, not against iayoare, CITY COUNCIL MINUTES February 28, 1994 Page -3- onlv against expansion of the renter, ~1ayor Wilde has an interest in the Daycare since his wife works there, he should not be allowei to vote on this, petitions have been passed around the neighborhood objecting to an increase in the size of the renter, Council would set a negative precedent if this Special Use Permit would be issued, property values in the neighborhood will iecrease, how would you like to have 80 children in your block, this should be a rezoning case not a Special Use Permit Applicant, Nina Forgo, was given an opportunity for rebuttal and answered Council's questions City Attorney, Kathryn Schroeder, addressed some of the issues that had been raised by proponents and opponents As to the issue of the enact- ment of Ordinance 945, the Wheat Ridge Charter was followed, there were remedies available to citizens after passage of the Ordinance In her opinion, this is not a rezoning procedure, this is an application for d Special Use Permit and not subject to a legal protest Council has to look at the wording of the Ordinance, not the intent Motion by Mr Siler that Council Bill 39, (Ordinance 953) with specific regard to 3536 Jay 3treet, to allow a day care/kindergarten in an R-2 zone district be approved for the following reasons and with the conditions statei 1 The criteria used to evaluate a Special Use Permi t proposal Sllpport approval 2 This IlSe has existei at this location for 37 years withollt undue conflict an,d complaints 3 The Permit shall be issued to Nina Forgo only, as owner and operator 4 The Permit is limited to day care for up to 57 preschool and kindergar- ten children (ages 2 1/2 to 6 years old) at any given time 5 Use of the property shall be in accoriance with Exhibit D 6 Exhibit D shall be revised to show asphalt pull-off along the north siie of the structure (West 35th Place) and such paving shall occur within 90 days of effective date of this Permit, seconded by Mr Eafanti Mayor Wilde stated that his wife has worked at this school for 23 years, she teaches kinder~arten, she has no financial investment in it and whether this is passed or not, she will still be working at that school at the same rate of pay until such time as Ms Forgo wants to give her an increase She is probably within 1 year of retirement He feels he shouli be allowed to vote on this, but asked the rity Attorney for input Kathryn Schroeder stated that in her opinion his wife's salary, which is not going to be dependent upon the outcome of this case, is not a sufficient financial investment in the property or the change to cause him to be disqualified from voting However, he is welcome to submit his ability to vote to rity rouncil Mayor Wilde left it in Council's han,is Consenslls was 6-2 to let i'1ayor ~Hlde vote Mr Edwards and Mrs Fields voted no Motion by Mr Edwards for an amendment to add condition 7 That all non-conforming parking at 353b Jav Street be brought into compliance, seconded by Mrs Field, failej 2-6 with Mr Edwards and Mrs Fields voting yes Tony Solano stated for the record that he did have a chili at the school at one timp rITt COUNCIL MINUTES eebruary 28, 1994 Page -4- Mrs Worth apologized to the citizens and her fellow nouncilmembers that the Day nare Centers were put in the same Orjinance as Pawn Shops, she will however vote for this Special Use Permit Mr Edwards agreei wit~ Mrs Worth that it was Ilnfortunate that Day rare Centers were in the Ordinance with Pawn Shops He will nJt support this Original Motion carried 7-1 with Mr Edwards voting no Motion by Mr Siler that nouncil Bill 39, (Ordinance 953) wit~ specific regar} to 3516 Jay Street, a request for a child care center/nursery in an R-2 zone district be approved for the following reasons and with conditions stated 1 The criteria used to evaluate a Special Use Permit proposal support approval 2 It is determined that t~e benefits to the community outweigh the potential minor impacts to the neighborhood 3 The Special Use Permit be granted to the Wheat Ridge Preschool and Kindergarten at 3516 Jay Street under the ownership and operation of Nina Forgo 4 The 0pecial Use Permit be limited to a day care center for up to 23 full-time infants and todilers (ages six weeks to 30months) 5 The use of the property be in conformance with Exhibit E 6 That visibility at the intersection of Jay Street and West 35th Avenue be improved, as per Public Works Department request 7 That curb, gutter and sidewalk shall be required to be constructed along Jay Street wit~ the change of use 8 That a landscape buffer that does not violate sight distance triangle standards yet provides a dense blJffer, be placed between the parking area and Jay Street This could include trees, shrubs and possible berming, seconded by Mr Eafanti Mrs Worth will vote no, she thinks the concept of having infant care and preschool care close together is an excellent concept, but she feels it is an impact into this neighborhood Mr Eiwards will vote no, he believes if this were granted it would have a detrimental effect on the healt~, safety, welfare, and convenience of the persons residing and working in the neighborhood, it will adversely effect the air, create noise, traffic hazards, unsafe parking Mrs Fields is a great believer in the petition process, she does not like to have petitions coming to Council and being ignored, listen to the people who live and are being directly impacted Mr Solano has agonized over this decision, they have just tried to find babj-care and it is difficult t~ find He feels this will adversely affect the neighborhood Motion failed 4-4 with Councilmembers Hall, Eafanti, Siler, and Behm voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 CITY COUNCIL MINUTES February 28, 1994 Page -5- Mrs Worth asked that Item 6 bp moved up because there ar~ people waiting to speak Item 6 Resolution 1391 - authorizing the Jefferson County Open Space Department to secure an appraisal, survey, title commitment, environmental hazard assessment, jetermine fair market value and negotiate for the acquisition of 3 acres more or less of property, including water rights and 3tructures, located at 11301 W 44th Avenue, in Wheat Hidge R~solution 1391 was introduced by Mr Edwards, title read by the flerk Mr Middaugh expl3ined that this Item is a request for City Council to begin the process of appraising three acres of property at the north~ast corner of Robb and 44th Avenue, this property is the site of an historic b IJ i ld in g Gary Wardle answered Council's questions ~laujia Worth, as President of the Wheat Ridg~ Historical Society, presented reasons why Council should approve Resolution 1391 Mr Hall called for the question, seconded by Mr Solano, with Councilmembers Worth, Edwards, and Fields voting no votes to pass) failed 5-3 (Neejej G Claudia Calla~, 8701 W 38th Avenu~, read a letter into the record from CSU strongly supporting the Wheat Ridge Historical Society in their pursuit to restore the Baugh Property Motion by Mr Edwards for the adoption of Resolution 1391, seconded by Mr --rafanti, carried 8-0 Item 2 founcil Bill 40 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, to modify the number of times per year the City Code is submittej for Codification anj Publication Council Bill 40 was introduced on second reading by Mrs Behm, title read by the Clerk, Ordinance No 954 assignej Mot ion by ~1rs seconded by Mr Behm for the approval of "ouncil Bill 40 (Ordinance 954), Solano, carried 7-1 with Mr Edwards voting no Item 3 Council Bill 42 - An Ordinance rep~aling and reenacting Section 5-121 of Chapter 5, Article IV, of the Code of Laws of the fity of Wheat Ridge, Colorado, pertaining to Contractor's License reps Council Bill 42 WdS introduced by Mr read by the flerk, Ordinance No 955 30lano on second reading, title assigned Motion by Mr Solano for the approval of Council Bill 4~ (Ordinance 955~-seconjed by Mr Edwards, carried 8-0 rITt COUNCIL MINUTES February 28, 1994 Page -6- Ite..!.l!..._"!._ rouncil Bill 44 - An Ordinance repealing and reenacting SectiJn 22-91 and 3ection 22-93 of Chapter 22, ~rticle II of the ~ode of t~e City of ~heat Ridge, Colorado, pertaining to T1xation of Telephono Exchanges Council Bill 44 was introduced by Mr read bv the "lerk, Ordinance No 956 Siler on assigne,j second reading, title Motion by Mr Siler for the adoption of "ouncil Bill 44 (Ordinance 956), -:;eQon-:ied by Mr Solano, carried 7-1 with Mr Edwards voting no I te_1f!......?___ rounc 11 Bill 45 - An Ordi n ance re peal i ng an d reenact ing Sec t ion 11-64 of rhapter 11, Article III, of t~e Code of the City of Wheat Ridge, Colorado, pertaining to Liquor Occupation Taxes Council Bill 45 was introduced on second reading by Mrs behm, title read by the Clerk, Ordinance No 957 assigned Motion by Mrs Behm for the ado~tion of Council Bill 45 (Ordinance 957), ~o~jed by Mr Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item J...:.. Bid A\Var,j for 1994 Rpcreation Brochures Motion by ~1r Siler that Clements Printing be awarded the printing of the19911 Recreation Brochures in the amount of their bid of $7,874 00 and that the costs be charged to Acct No 01-502-654, seconded by Mr Edwards, carried 8-0 Item 8 CONSENT AGENDA A Resolution 1392 - revising fees for amusement devices B Approval Jf various annual dues and memberships C Resolution 1393 - adopting the Park and Recreation Fees Policy D Bid Approval Phase II, Restoration of ~heat Ridge Post Office Mr Edwards asked that Item r be voted on separately Motion by Mr Edwards for approval of Items A B D , seconded by Mr Solano, carried 8-0 Motion by Mr Solano for the adoption of Resolution 1393, seconded by Mr Hall, carried 6-2 with Mr Edwards and Mrs Fields voting no CITY COUNCIL MINUTtS February 28, 1992 Page -7- ELECTED OFFICIALS' MATTERS Claudia \:i...?~r: stated that ,'she bpen at a Neighborhood meeting an d one of thp subjects talked about was problems with teenagers at Frultdale Park She reminded everybody t~at t~ere is a curfew ordinance in ~heat Ridge and asked that Council support the enforcement 0f this Ordinance Tony Solano invited everybody and Huth Howard invites everybody ~Jno-tions -she has every Saturday with the Probation Department '5houlj be commended f0r the job she is doing to the She Jean Fields askpd if there was a problem with her request to put the rouncil Agpndas on the Education Channel Nr Middaugh stated that the regular Agendas did not fit on the screen Mrs Fields congratulated the Sons of Italv and all they do for our community Rae Jean Behm movej to appoint William Donaldson from District I to the Parks and Re~reation Commission, term ending March 2, 1995, and to appoint Jacqueline Clark from District III to the Board of Adjustment, term ending t1arch 2, 1997, seconded by Mr Edwards, carried 8-0 Motio~ to adjourn by Mr Hall, seconded by Mr Eafanti, carried 8-0 Meeting adjourned at 1 05 a m I W an-:rfLs.-!a~,~"-i'it/ Cfer""k."----..---.--..------ APPROVED BY CITY COUNCIL ON MARCH 14, 1994 BY A VOTE OF TO b-en-riTs--}L;ir-:.'-.E;)unclT-P-re:3.{~ient--"---'-