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--"---'-