The URL can be used to link to this page

Home My WebLink About10/28/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building October 28. 1996 The Regular City Council was called to order by Mayor Wilde at 7'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth 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 October 14,1996 - Motion by Mr Eafanti for the approval of the Minutes of October 14, 1996, seconded by Mrs Dalbec Mrs. Worth asked for several corrections Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to Floy Jeffares, Civil Service Commission, and David Whitehead, Building Code Advisory Commission CITIZENS' RIGHT TO SPEAK George Graul, 4200 Yarrow Street, spoke in opposition to the proposed Charter Amendment for Council/Manager form of government during Mayor Wilde's term The old form of government has worked for over 20 years John Jerman, 11694 West 37th Avenue, spoke in favor of the Charter Amendment for Council/Manager form of government. CITY COUNCIL MINUTES October 28, 1996 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Reconsideration of Ordinance 1045 - amending the Code of Laws, Zoning Code, relating to Telecommunications Towers, in the City of Wheat Ridge, Colorado Ordinance 1045 was introduced for reconsideration by Mrs Dalbec Mr Middaugh explained that Council had previously passed this Ordinance, but that some additions had been made mainly regarding architectural compatibility, aesthetic appeal, and height of said structures Mr Gidley pointed out some of the changes that had been requested by Council and added to this Ordinance The following speakers were sworn in by the Mayor' Jim Kurtz - Phelan, Attorney for Sprint Telecommunications, addressed how the proposed ordinance will affect the three applications for building permits that had been previously approved by staff These applications ought to be addressed in the ordinance and be allowed to proceed. He provided suggested language to be added to the ordinance - Gary Pultz, Senior Planner for Sprint PCS, gave a presentation Ann Closser, Language Consultant and Attorney for Airtouch Communications, stated that her client had also applied for a building permit and expended money in reliance on the application Motion by Mrs Dalbec to suspend the rules and not limit the time for questioning, seconded by Mrs Worth After discussion, Mrs Worth withdrew her second Motion by Mr DiTullio to postpone this to the November 18, 1996 meeting and to publish that as a Regular Meeting, seconded by Mrs Fields, carried 7-1 with Mr Siler voting no Item 2, Emergency Ordinance 1054 - adopting a temporary moratorium on the acceptance, processing and issuance of demolition permits for historical structures within the City, and declaring an emergency Mrs Worth introduced Emergency Ordinance 1054 and read the title, Motion by Mrs Worth for the approval of Ordinance 1054, seconded by Mrs Dalbec; carried 8-0 CITY COUNCIL MINUTES October 28, 1996 Page -3- Item 3. Approval of a PCD Final Development Plan and Plat for the 70 West Business Center, located at 12851 West 32nd Avenue (Case No WZ-96-10) (Dwaine Richter) Mrs Worth introduced Case No WZ-96-10 and read the title Motion by Mrs Worth to limit the applicant, public and staff to half an hour to speak on the subject; seconded by Mr Solano, tied 4-4 with Councilmembers Eafanti, Fields, Worth, and DiTullio voting yes Mayor Wilde broke tie by voting no Motion failed 5-4 Ron Hoisington, 3281 Alkire Court, a Private Consultant for CRS Development Specialists, representing the 70 West Business Center, was sworn in by the Mayor He gave background on the property in question and asked for approval of the final development plan and plat. He presented the applicant's case and answered questions Glen Gidley was sworn in by the Mayor, presented the staff report, and answered questions. Speaking in opposition and sworn in by the Mayor were Patricia Rubano, 13050 West 32nd Avenue, unincorporated Jefferson County, - Don Phillipson, 14325 Braun Road, unincorporated Jefferson County, William Farrell, 14399 Garden Circle, unincorporated Jefferson County, Brad Brauer, 3238 Zinnia Court, unincorporated Jefferson County, Norm Ross, 3145 Zinnia Street, unincorporated Jefferson County, Emily Bennett, 13206 West 33rd Place, unincorporated Jefferson County Their comments included no interest in being annexed to the City of Wheat Ridge, adverse impact on the neighborhood; times have changed since 1975 and businesses are conducted in a different manner today--Ionger hours, more traffic, etc , bright light lighting on a 24 hour gas station, obnoxious aromas associated with fast food restaurants, added noise, increased hazards, such as gasoline tankers, neighbors have signed petitions in opposition to this proposed development; there are two schools nearby and it will only be a matter of time until somebody gets hurt; degradation of quality of life, additional trash, install traffic light at Zinnia. CITY COUNCIL MINUTES October 28, 1996 Page -4- Robert Kessler, Attorney for Mr Richter, was sworn in by the Mayor and answered some of the neighbor's concerns He also read an excerpt from the July 21, 1975 Wheat Ridge City Council Minutes into the record, in which a Mr Arthur Brunton stated on his own behalf and that of other homeowners in Applewood Gardens area, that they support Mr Richter's Outline Development Plan Mr Kessler also submitted a copy of the stipulation for settlement and dismissal regarding the lawsuit Mr Richter had filed against the City of Wheat Ridge Bob Lee, traffic engineer, was sworn in by the Mayor, stated he had prepared the traffic impact study that was presented to Council He disputed the neighbor's claims that traffic had increased on 32nd Avenue The City of Wheat Ridge conducted a 3-day study of traffic west of the interchange on 32nd Avenue last year; they counted between 13,000 and 15,000 vehicles per day; the Colorado Highway Department did a study in 1975, which showed 13,000 vehicles per day; his firm did a peak hour study in July, which also showed between 13,000 and 15,000 vehicles Over the last 20 years there has been only modest growth on 32nd Avenue, compared to 150% growth on many other arterials and roadways in the metro area. - Motion by Mrs Worth to suspend the Rules, continue the meeting past 11 00 P m and finish the Agenda, seconded by Mrs. Shaver; failed 4-4 with Councilmembers Eafanti, Worth, Dalbec, and Shaver voting yes (This needs 6 votes to pass) Motion by Mrs Shaver to suspend the Rules and go past 11 00 pm to finish this item and the expenditure item, seconded by Mrs Worth, carried 6-2 with Mr Eafanti and Mr Siler voting no Mr Hoisington cleared up a few items regarding the proposed office showroom, it could be called office warehouse Motion by Mr Solano to deny the application and to direct that a draft set of findings supporting the denial be prepared for Council consideration and be presented at the next meeting for action only; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES October 28, 1996 Page -5- Item 7. 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 Mr Siler; carried 8-0 Mr Siler moved for adjournment; seconded by Mrs Worth, carried 7-1 with Mrs Shaver voting no Meeting adjourned at 11 '30 P m November 4, 1996 - The continued City Council Meeting from October 28, 1996 was called to order by Mayor Wilde at 7 00 pm Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, and Claudia Worth Tony Solano arrived at 7 15 P m Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Glen Gidley; Director of Parks, Gary Wardle, staff; and interested citizens ORDINANCES ON FIRST READING Item 4. Council Bill 51 - amending the Code of Laws of the City of Wheat Ridge, Colorado, Zoning Code, relating to fences, walls, and obstruction to view Council Bill 51 was introduced on first reading by Mrs Fields, title read by the Clerk. Motion by Mrs Fields that the original Council Bill 51 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 Eafanti, carried 7-0 CITY COUNCIL MINUTES October 28, 1996 Page -6- Item 5. Council Bill 52 - An Ordinance providing for the approval of rezoning from Commercial-One (C-1) to Residential-Two (R-2) and Residential-One C (R-1 C) properties generally located along West 29th Avenue between Sheridan Blvd on the east, and Fenton Street on the west, City of Wheat Ridge, State of Colorado Council Bill 52 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 52 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Copa Cabana building hazard assessment. Mr Middaugh gave update on clean-up of Copa building - Mrs Worth moved for approval of written quotation in the amount of $2,200 for purposes in performing an assessment of the two structures recently purchased by the City of Wheat Ridge at 44th & Field; seconded by Mrs. Dalbec; carried 8-0 Item 8. CONSENT AGENDA. A. Resolution 1563 - authorizing the collection and distribution of Municipal Court fees B Hayward Park Fountain Improvements (RFB #96-40) C KGC Trust and Camper World ESTIP payment. D Construction of the Soft Surface Trail in the Conservation Area of the Wheat Ridge Greenbelt. Mr Solano moved for approval of A. B C & D , seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES October 28, 1996 Page -7- CITY ATTORNEY'S MATTERS Gerald Dahl distributed and discussed the revised Telecommunication Towers Ordinance ELECTED OFFICIALS MATTERS Janelle Shaver asked for consensus to authorize the City Administrator to work with Mrs Stamper to apply for a grant for the Teen Center; consensus was 7 in favor Mrs Worth asked for consensus to wait until November 18 until we have the environmental assessment back for the Copa and then, if it's safe, let Peace Jam go in and start cleaning up the building and preparing it for a Teen Center; consensus was 6 in favor Claudia Worth congratulated the Wheat Ridge Band for winning the State Championship Mayor Wilde will write a letter of congratulations. Ken Siler asked that staff look into the feasibility of renting a local building for a Teen Center as an interim measure - Teri Dalbec asked about opening up an area for dirtbiking on the Greenbelt. Meeting adjourned at 8 10 P m '- APPROVED BY CITY COUNCIL ON NOVEMBER 18, 1996 BY A VOTE OF ~ TO ~ /~ Ii; -.:.. \, ( r '. , , t l' ( I ,'\1, ,"'-;. ,,\ C \, cia Qia Worth, Council President