HomeMy WebLinkAbout06/10/1996
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
June 10. 1996
The Regular City Council was called to order by Mayor
Wilde at 7'00 p.m Councilmembers present: Teri Dalbec, Jerry DiTullio, Jean Fields,
Janelle Shaver, Ken Siler, and Claudia Worth. Don Eafanti was on vacation and Tony
Solano was in Atlanta doing construction work for the Olympic Stadium Also present: City
Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City
Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning,
Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and
interested citizens
APPROVAL OF MINUTES of May 13,1996
Motion by Mr Siler for the approval of the Minutes of May 13, 1996, seconded by Mrs.
Dalbec; carried 6-0
PROCLAMATIONS AND CEREMONIES
Mayor Wilde recognized Mr Martin Cox for all his hard work on the 38th Avenue Street Fair
and presented him with a plaque
Chief Hurst introduced Officer Susan Johnson, who in turn introduced Ashleigh Kitto, who
had called 911 when her mom had an asthma attack and couldn't breathe Ashleigh
received an award
CITIZENS' RIGHTS TO SPEAK
Martha Wilde read a letter from E'Rena Hockenberry, in which she thanked the Mayor and
Council for their support in purchasing the piano for the Community Center No City money
was used to buy this piano
Frank Bucino moved from Denver to Wheat Ridge to get away from blight, gangs, and
drugs He complained about a property in his neighborhood that has graffiti, dead trees,
trash, and weeds He asked that the City take some action
CITY COUNCIL MINUTES
June 10, 1996
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Jennifer Moore Evans expressed concerns about a house in her neighborhood that had
been purchased by the Jefferson County Housing Authority and will be turned into a group
home She questioned the rules and laws in Wheat Ridge that would allow more than one
group home on the same street without notifying the residents Mr Dahl stated that a
meeting with Jefferson County Housing has been scheduled for June 12 to obtain more
information.
Ellen Warp is also concerned about the above referenced property; she is worried that their
property values will go down
Herb Warp feels some consideration should be given to people who live next to group
homes
Kenneth Bowser reminisced about the past; wants City property cleaned up, but refused to
allow the City access over his land to be able to clean up the land
Motion by Mrs Fields to move Item 18 up to be heard first; seconded by Mr DiTullio, carried
5-1 with Mrs. Dalbec voting no
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 18.
Motion for an ordinance to change the form of government to that of a
Council/Manager system (Jerry DiTullio)
Item 18 was introduced by Mr DiTullio, title read by the Clerk.
The following speakers were sworn in by Mayor Wilde
Don Lancaster is in favor of this, but is not in favor of the present City Administrator
becoming a manager by right of grandfather rights
John Jerman is also in favor of this change, he feels it is a step in the right direction, there
is no question the City Council should be the group that has direct authority and supervision
over the manager
Tom Slattery is in favor of this change, but thinks the Mayor should be a voting member of
Council
Bill Coster is also in favor of this change
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June 10, 1996
Page -3-
Motion by Mr DiTullio that the City Attorney be directed to prepare an ordinance to change
the form of government to that of a Council/Manager system incorporating the specific
features presented at the June 10, City Council meeting, he further moved that the
Ordinance be presented at the June 24 City Council meeting; seconded by Mrs. Fields,
carried 6-0
Item 1.
Council Bill 15 - An Ordinance providing for the approval of a Special Use
Permit to allow an indoor amusement facility in a Restricted-Zone District on
land located at 6090 West 44th Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No SUP-96-1) (Queen City Hobbies)
Council Bill 15 was introduced on second reading by Mr Siler; title read by the Clerk;
Ordinance No 1027 assigned.
Glen Gidley was sworn in by the Mayor and presented the staff report.
David J. Sommer, applicant, answered questions
Motion by Mr Siler that Council Bill 15 (Ordinance 1027), a request for approval of a Special
Use Permit to allow an indoor amusement facility in a Restricted-Commercial zone for
property located at 6090 West 44th Avenue, be approved for the following reasons. 1 The
evaluation criteria support approval of this request. 2 There have been no complaints
registered from the neighborhood 3 Planning Commission recommends approval. With
the following condition 1 The special use be granted to Queen City Hobbies under the
operation of David Sommer; seconded by Mr DiTullio, carried 6-0
Motion by Mrs Dalbec to move Agenda Item 6 above Item 4 because people have signed up
to speak on this, seconded by Mr Siler; carried 6-0
Item 2.
Council Bill 18 - An Ordinance providing for the approval of rezoning from
Agricultural-One to Planned Commercial Development District on land located
at 12851 West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State
of Colorado
(Case No WZ-96-3) (City of Wheat Ridge)
Council Bill 18 was introduced by Mrs Worth on second reading, title read by the Clerk;
Ordinance No 1028 assigned.
Mr Gidley presented the case This is a City initiated request on behalf of and with
permission of the Colorado Department of Transportation
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June 10, 1996
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The following speakers were sworn in by the Mayor'
Dwaine Richter is the adjacent property owner, supports the rezoning and asked for
approval. This is an exchange of right-of-way and all he is asking for is that the property be
zoned the same as the one he owns
Diane Davies, attorney for Mr Richter, asked that the zoning be compatible with the Richter
property and not with the property that is now the service road
Norm Ross is not against development in that area, but is concerned about the uses, the
area is primarily residential, it sure would be nice if there were a way to put some restrictions
on that property
Bill Smithern is an adjacent property owner; thanked the City for constructing the 10ft wall
for the residents, is concerned about what development will go in on that property
Motion by Mrs Worth that Council Bill 18 (Ordinance 1028), a request for approval of a
rezoning from A-1 to Planned Commercial Development for property located at 12851 West
32nd Avenue, be approved for the following reasons 1 It will allow future development of
the 70 West Business Center 2 The criteria used to evaluate a rezoning supports approval
of this request. With the condition that C-1 uses and design parameters be allowed on the
property and that this property be included in any final development plans for the 70 West
Business Center C-1 "Permitted and Accessory Uses" and design parameters as set forth
in the current C-1 district regulations as codified in Section 26-22, Wheat Ridge Code of
Laws, existing on date of adoption of this Ordinance, seconded by Mr Siler; carried 6-0
Motion by Mr Siler to hear Items 6 4 and 7 and City Administrator's, City Attorney's and
Elected Officials matters tonight and to reconvene this meeting on Thursday at 7:30 pm,
seconded by Mr DiTullio, carried 4-2 with Mrs Dalbec and Mrs Shaver voting no
Item 6.
Council Sill 24 - An Ordinance adopting a Temporary Moratorium on the
acceptance, processing and issuance of Building Permits for the construction of
Multi-Family residential structures within a specified area of the City, and
declaring an emergency
Council Bill 24 was introduced by Mr DiTullio, title read by the Clerk; Ordinance No 1029
assigned
Mr Gidley presented the staff report.
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June 10, 1996
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The following speakers were sworn in by the Mayor'
Cheryl Brungardt is a homeowner in the affected area, she feels there is enough multi-
family development in the area, renters come and go, single family residents stay
Bill Mattern has lived in Wheat Ridge for 66 years, one of the reasons people like to live
here is single family homes, high density scares him, developers come in and we end up
with condos and townhouses encompassing residential areas
Reata Bitter wants to keep single home atmosphere and is in favor of this moratorium
Marilyn Veitch is in favor of this moratorium, there is an overabundance of multi-family
dwellings in that area, she wants single family homes
Motion by Mr DiTullio for approval of Council Bill 24 (Ordinance 1029), seconded by Mr
Siler; carried 6-0
Item 4.
Council Bill 22 - An Ordinance amending Section 2-53(d) of the Code of Laws
of the City of Wheat Ridge, concerning voting rules for the Board of Adjustment,
and declaring an emergency
Council Bill 22 was introduced by Mrs Worth, title read by the Clerk; Ordinance No 1030
assigned
City Attorney, Gerald Dahl, presented the reasons for this Ordinance
Motion by Mrs Worth for approval of Council Bill 22 (Ordinance 1030), seconded by Mrs.
Shaver; carried 6-0
ORDINANCES ON FIRST READING
Item 7.
Council Bill 25 - An Ordinance providing for the approval of rezoning from
Planned Commercial Development to a revised Planned Commercial
Development District on land located at 4990 Independence, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-96-5) (Star Guide Corporation)
Council Bill 25 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 25 be approved on first reading, ordered published,
public hearing be set for Monday, July 8, 1996 at 7'00 p.m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Dalbec, carried 6-0
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June 10, 1996
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Motion by Mr DiTullio to hear a few more Agenda Items, seconded by Mrs Fields, carried 4-
2 with Mrs Worth and Mr Siler voting no
Item 5.
Council Bill 23 - An Ordinance amending Section 2-53(d) of the Code of Laws
of the City of Wheat Ridge concerning voting rules for the Board of Adjustment.
Council Bill 23 was introduced on first reading by Mr DiTullio, title read by the Clerk.
Motion by Mr DiTullio that Council Bill 23 be approved on first reading, ordered published,
public hearing be set for Monday, June 24, 1996 at 7'00 p m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Dalbec, carried 6-0
Item 8.
A. Council Bill 26 - An Ordinance vacating portions of West 42nd Avenue,
West 43rd Avenue and Kendall Street within the City of Wheat Ridge, County of
Jefferson, State of Colorado, adjacent to 4265, 4275, 4285 and 4295 Kendall
Street and 6215, 6217, and 6219 West 41 st Avenue
(Case No WV-95-2) (City of Wheat Ridge)
B Council Bill 27- An Ordinance repealing Ordinance 1004, Series of 1995
Council Bills 26 and 27 were introduced on first reading by Mrs. Dalbec, who also read the
title
Motion by Mrs Dalbec that Council Bills 26 and 27 be approved on first reading, ordered
published, public hearing be set for Monday, July 8, 1996 at 7'00 p m in City Council
Chambers, Municipal Building, and if approved on second reading, take effect 15 days after
final publication, seconded by Mr Siler; carried 6-0
Item 9.
Council Bill 28 - An Ordinance providing for the approval of a right-of-way
vacation of excess right located at approximately 1005 West 49th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WV-96-3) (B G T Enterprises)
Council Bill 28 was introduced on first reading by Mrs Worth, title read by Mrs Worth
Motion by Mrs Worth that Council Bill 28 be approved on first reading, ordered published,
public hearing be set for Monday, July 8, 1996 at 700 p.m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Dalbec; carried 6-0
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June 10, 1996
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Item 10.
Council Sill 29 - An Ordinance for the regulation of traffic by the City of Wheat
Ridge, Colorado, adopting by reference the 1995 edition of the "Model Traffic
Code for Colorado Municipalities" repealing all Ordinances in conflict therewith,
and providing penalties for violation thereof
Council Bill 29 was introduced by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 29 be approved on first reading, ordered published,
public hearing be set for Monday, June 24, 1996 at 7'00 p m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs. Fields, carried 6-0
Item 20.
Approval of Expenditure items.
Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and
that all costs be charged to the account shown on the purchase order report; seconded by
Mrs Fields, carried 6-0
Item 11.
Resolution 1533 - initiating rezoning procedures for a large area located in the
Panorama Park neighborhood.
Resolution 1533 was introduced by Mr DiTullio, title read by the Clerk.
Mr Gidley presented corrections and gave the staff report.
Motion by Mr DiTullio to past 11'00 p.m to finish Items 11 and 12, seconded by Mrs
Dalbec; carried 5-1 with Mr Siler voting no
Motion by Mr DiTullio for the adoption of Resolution 1533 with the following changes
Section 2. read "To recognize and exclude existing developed high density residential uses"
Section 4 read "To rezone from Residential-Three (R-3) to Residential-One C and to
Residential-Two (R-2) so as to preserve the low density residential character of the area."
Seconded by Mrs Worth, carried 6-0
Motion by Mr DiTullio that all vacant and single family properties highlighted on Exhibit B of
Agenda Item 11 be included in the City initiated mass rezoning and be rezoned from
Residential-Three (R-3) to Residential-One-C (R-1-C), seconded by Mrs. Fields, carried 5-1
with Mr Siler voting no
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June 10, 1996
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Item 12.
Resolution 1534 - initiating rezoning procedures for a large area located along
West 29th Avenue between Fenton Street and Sheridan Boulevard
Resolution 1534 was introduced by Mr DiTullio, title read by the Clerk.
Motion by Mr DiTullio for adoption of Resolution 1534, seconded by Mrs Fields, carried 6-0
CITY ADMINISTRATOR'S MATTERS
Motion by Mrs Worth that the City of Wheat Ridge grant permission to the Clear Creek
Festival of the Arts to use the public rights-of-way and City property to temporarily advertise
the celebration of the arts, seconded by Mr DiTullio, carried 5-0 with Mrs Shaver abstaining
Consensus was 6 in favor that Mr Middaugh look into purchasing an electronically controlled
sign to advertise City matters at a City Hall location
ELECTED OFFICIALS MATTERS
Motion by Mrs Shaver to appoint Karen Thiessen to fill the vacancy on the Board of
Adjustment in District III, seconded by Mrs Dalbec, carried 5-1 with Mrs Fields voting no
Motion by Mr Siler for adjournment; seconded by Mr DiTullio, carried 6-0
Meeting adjourned at 12'05 a.m
CITY COUNCIL MINUTES
June 10, 1996
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June 13, 1996
The June 10, 1996 Wheat Ridge City Council Meeting was reconvened by Mayor Wilde at
7 30 p.m
Councilmembers present: Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, and Claudia
Worth. Teri Dalbec, Don Eafanti, and Tony Solano were absent. Also present: City Clerk,
Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City
Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning,
Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens
Item 3.
Council Bill 21 - An Ordinance amending Chapter 5 of the Code of Laws of the
City of Wheat Ridge, relating to buildings and building regulations
Council Bill 21 was introduced on second reading by Mr Siler; title read by the Clerk.
Motion by Mrs Worth to continue this Item for action to July 22 Regular Council Meeting and
to refer it to Study Session on July 15, 1996, seconded by Mr Siler; carried 5-0
Item 13.
Resolution 1535 - authorizing submittal of the application for the 1996 joint
venture/grant project to Jefferson County Open Space - Conservation area trail
construction project.
Resolution 1535 was introduced by Mrs Worth, title read by the Clerk.
Motion by Mrs. Worth for the approval of Resolution 1535, seconded by Mrs Shaver;
carried 5-0
Item 14.
Resolution 1536 - declaring the intent of the City of Wheat Ridge to acquire
certain restrictive covenants for the specified public purpose of road
improvements, further continuance of good faith negotiations to acquire said
property interest, and authorization to initiate an action if eminent domain to
acquire said property in the event good faith negotiations do not result in an
agreement to acquire said property interest.
Resolution 1536 was introduced by Mr Siler; title read by the Clerk.
Motion by Mr Siler for the approval of Resolution 1536, seconded by Mr DiTullio,
carried 5-0
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June 10, 1996
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Item 15.
Motion to approve an appropriation for sidewalk construction on Yarrow St.
between 44th and 42nd Avenues.
Motion by Mr Siler that $11,000 be appropriated from the Capital Fund balance and added
to the appropriation for the 41 st Avenue reconstruction project, Acct. No 30-303-841, for the
purpose of construction of sidewalk on the west side of Yarrow Street between 44th and
42nd Avenue, and that the Public Works Director be authorized to sign change orders for this
additional amount with Hamon Contractors, seconded by Mr DiTullio, carried 3-2 with Mrs
Shaver and Mrs Worth voting no Mrs Shaver does not feel this sidewalk is necessary;
there is a sidewalk on the east side of the street already; this has not been approved by
PWAC Mrs Worth is concerned that this is not part of the school sidewalk program and will
set a precedent.
Item 16.
Motion to approve a traffic signal at 44th and Field St.
Motion by Mr DiTullio that the City Council of the City of Wheat Ridge declare that, in
accordance with Chapter 13, Section 13-1 (B), Standard Number 5 of the City Code of Laws,
there is a reasonable possibility or potential for accidents at the intersection of West 44th
Avenue and Field Street that may be addressed by installation of a traffic control signal at
that intersection I further move that staff design an appropriate traffic control signal for this
intersection and related appurtenances, advertise for bids and bring the lowest and most
responsive bid to Council for award, seconded by Mrs Worth, carried 5-0
Item 17. CONSENT AGENDA.
A. Motion approving KGC Trust and Camper World ESTIP payment.
B Resolution 1537 approving a second amendment to the Intergovernmental
Agreement with the Jefferson County Hazardous Substance Response
Authority
C Motion to approve an amendment to City of Wheat Ridge Personnel Policies
and Procedures
o Motion to accept the various rights of way for 1996 local street projects.
E. Motion to award of RFB #96-27 to BRC/Harris Inc
F Motion for approval of Lena Gulch Phase V Supplemental Budget.
Motion by Mr Siler for adoption of Consent Agenda, seconded by Mr DiTullio Mrs Worth
asked to pull D Motion carried 5-0
~
CITY COUNCIL MINUTES
June 10, 1996
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Motion by Mrs Worth for approval of D; seconded by Mr Siler; carried 5-0
Motion by Mrs Worth to hold an Executive Session under Section 5 7(b)(3) of the Charter
and adjourn directly thereafter; seconded by Mr Siler; carried 5-0
EXECUTIVE SESSION WAS HELD.
Meeting adjourned at 8 55 P m
)
Wanda Sang, City Clerk
,
"
APPROVED BY CITY COUNCIL ON June 24,1996 BY A VOTE OF ~ TO ~
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'a Worth, Council President