HomeMy WebLinkAbout01/27/1997
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
January 27. 1997
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 Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks
& Recreation, Gary Wardle, Director of Planning, Glen Gidley; staff; and interested citizens.
APPROVAL OF MINUTES of January 13,1997
Motion by Mr Eafanti for the approval of the Minutes of January 13, 1997 with corrections,
seconded by Mrs Dalbec; carried 8-0
CITIZENS' RIGHT TO SPEAK
Harry Fleshman, 7980 West 41 st Avenue, read a statement into the record, which
addressed a speaker at the previous City Council meeting, who serves in an advisory
capacity on the City's Park Commission, and who had stated that she spends more money in
Wal-Mart and the grocery store in a month, than most seniors do in a year Mr Fleshman
asked on behalf of the seniors of this City that this person make a public apology to all
citizens, and then resign from any advisory position now held This person certainly cannot
be fair and unbiased in matters pertaining to seniors
Dave McCabe, Director of Edgewater Parks and Recreation, asked Council to reconsider the
idea of the two locations that they decided on for the proposed recreation site, strictly on a
financial basis, feels that the 26th & Wadsworth site would be perfect for the Rec Center
City Council of Edgewater is very much in favor of a collaborative effort between them,
Lakewood and Wheat Ridge
Randy Davis, Wheat Ridge Municipal Court Judge, gave update on Community Service
Work Program that Council had authorized during the budgetary process.
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January 27, 1997
Page -2-
Motion by M rs Fields to add an Item 10 A. to reconsider Resolution 1577, seconded by
Mrs Worth, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Amendment to PID final development plan for Western PCS III, for property
located at 4836 Van Gordon Street, Wheat Ridge
(Case No WZ-96-12)
Item 1 was introduced by Mrs Dalbec, title read by the Clerk.
Gary Reiff, 410 17th Street, Denver, was sworn in by the Mayor and asked for approval of
this plan Sworn in by the Mayor and answering questions were Ken Kastning and
Georgia Lichde
Glen Gidley was sworn in by the Mayor and presented the staff report.
Motion by Mrs Dalbec that Case No WZ-96-12, a request for an amendment to a Planned
Industrial Development final development plan for property located at 4836 Van Gordon
Street, be approved for the following reasons. 1 A plan amendment is required to allow the
collocation of CMRS panel antennas on an existing tower in the PID zone 2 The plan
amendment will alleviate the necessity of additional shorter towers 3 The plan amendment
is compatible with adjacent zoning and land use With the following condition All of the
provisions of Section 26-25(B)(3) be met before recordation with Jefferson County; seconded
by Mr Eafanti, carried 8-0
Item 2.
Approval of a planned building group plan and replat for property zoned
Residential-Three and located at 4420 Jay Street.
(Case No PBG-96-1) (Karl Koch)
Item 2 was introduced by Mr Siler; title read by the Clerk.
Sworn in by the Mayor were
Karl Koch, 30350 Pine Crest Drive, Evergreen, applicant, who presented his case and
answered questions
Kent Schroeder, 10201 N Park Drive, Westminster, who owns property the north of
proposed development, stated there was some boundary dispute, but he thought it could be
worked out and he didn't need to comment any further
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January 27, 1997
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Mr Gidley presented the staff report.
Motion by Mr Siler that Case No PBG-96-1, a request for approval of a planned building
group plan and replat for property zoned Residential-Three and located at 4420 Jay Street
be approved for the following reasons 1 The existing zoning of Residential-Three supports
the use of multi-family residential 2 The proposed replat allows for the density of 16 units
(1 unit per 2,100 square feet) 3 Adequate fire protection, vehicular and pedestrian access
is supported off Jay Street. 4 All minimum requirements of the R-3 zone district have been
met. 5 Both interim and long term use of the property is consistent and compatible with
adjacent zoning and land use With the following conditions 1 At least a minimum of four
short-term visitor parking spaces be provided for additional on-site parking. 2 Proposed
trees in the rear of the property be planted so they will not grow into the existing power lines,
seconded by Mr Eafanti
Mr DiTullio is concerned about the boundary dispute, the off-street parking and the density,
he will be voting no on this Mrs Worth will vote against this proposal, she is concerned
about the density and only four parking spaces for visitors, doesn't like private driveways,
how will the Fire Department get in? Mrs. Dalbec will vote no because the Planned Building
Group should show that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic and she doesn't think that this plan shows that; the consolidation
doesn't seem to fit the intent of the development on multiple parcels, it actually increases
building sizes and she doesn't feel that's compatible with the intention of the law
Motion failed 3-5 with Councilmembers Siler, Eafanti, and Solano voting yes
Item 3.
Council Bill 1 - An Ordinance adopting a temporary moratorium on the
acceptance, processing and issuance of demolition permits for historical
structures within the City
Council Bill 1 was introduced on second reading by Mrs Worth, who also read the title,
Ordinance No 1064 was assigned
Motion by Mrs Worth for the approval of Council Bill 1 (Ordinance 1064), effective date is
January 29, 1997, seconded by Mr Eafanti, carried 8-0
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January 27, 1997
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Item 4.
Council Bill 2 - An Ordinance adopting a temporary moratorium on issuance of
building permits for two-family and multi-family residential uses within the City
Council Sill 2 was introduced on second reading by Mr DiTullio, title read by the Clerk;
Ordinance No.1 065 assigned
The following speakers were sworn in by the Mayor.
John Jerman, 11694 West 37th Avenue, read a letter into the record from Wheat Ridge
United Neighborhoods, which supports Council's attempt to protect our neighborhoods from
an excess of rental properties and/or multi-unit apartment complexes. He also asked that the
moratorium be extended by three months more than the current June 15, 1997 date
Catherine Dunlap, 7160 West 30th Avenue, presented petitions to extend the rezoning
moratorium and to extend this moratorium indefinitely Petition signers feel that in the future,
emphasis should be placed on encouraging single family housing in Wheat Ridge and that
multiple family housing should be discouraged
JoAnne Howard, 7260 West 31st Place, agreed with the previous speaker Driving around
Wheat Ridge, she has noticed that on any small space of land that somebody has, they are
putting up a multi-family dwelling Property values go down for surrounding houses
Nancy Snow, chairperson of Comprehensive Plan Committee, and Tom Slattery, 6869 West
32nd Avenue, vice-chairperson of the committee, stated that the committee voted to request
that Council extend this moratorium to September 30, 1997, three members wanted this until
the end of December There are many issues the committee has to discuss and they need
time to do it. They hope to have recommendations to Council by Mayor June
Nancy Werkmeister, 2996 Reed Street, supported everything Catherine Dunlap had said
She is concerned about increased traffic and property values going down
Mr Gidley explained that the PRD discussed by some of the speakers, is not included in the
moratorium He also spoke in favor of extending the moratorium to September
Albert Trites, had also passed petitions in favor of the moratorium
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January 27, 1997
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Motion by Mr DiTullio for approval of Council Bill 2 (Ordinance 1065) with the following
conditions The Comprehensive Plan Review Committee is hereby directed to provide its
recommendations on residential density to the Planning Commission and City Council on or
before June 15, 1997 That Planned Residential Development District be included in Section
1 of the Ordinance That a city-wide mass mailing be performed to inform residents of the
Comprehensive Plan Committee neighborhood meetings as soon as possible That the
moratorium be extended to September 30, 1997
Mr Dahl stated that since this is an Ordinance the precise wording has to be approved He
will write this up during break and bring it back for Council's approval
Mr DiTullio withdrew his motion asked for consensus that Mr Dahl bring back the changes
Consensus was 8 in favor
Consensus was 8 in favor to do the same thing on Council Bill 3
Mr Dahl presented the following changes Page 1, change June 15 to September 30, 1997
Page 2, Section 1 add Planned Residential Development Districts, said moratorium to
terminate on September 30, 1997 On the last line of Section 1 change June 15 to
September 30, 1997 Add a new Section 2. Scheduling. The Comprehensive Plan
Review Committee is hereby directed to provide its recommendations on residential
density to the Planning Commission and City Council on or before June 15, 1997
Renumber the following Sections In new Section 4 add at the end of the existing language
or based upon a Planned Residential Development District approval in place and
under construction on December 16, 1996
Motion by Mr DiTullio for approval of Council Bill 2 (Ordinance 1065) with the changes
suggested by Mr Dahl and the moratorium to end September 30, 1997, seconded by Mr
Solano, carried 8-0
Item 5.
Council Bill 3 - An Ordinance adopting a temporary moratorium on rezoning for
two-family and multi-family residential uses within certain zone districts in the
City
Council Bill 3 was introduced on second reading by Mr DiTullio, title read by the Clerk;
Ordinance No 1066 assigned
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January 27, 1997
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Catherine Dunlap, 7160 West 30th Avenue, asked that the moratorium be continued
Nancy Snow asked that all her comments from the previous Item be entered into the record
for this ordinance
Mr Dahl read his changes
Page 1, add the words and Planned Residential Development District. Change the date
June 15 to September 30, 1997 Page 2, add the words and Planned Residential
Development District. Section 1 change the two references to June 15 to September 30,
and add Planned Residential Development District. Add a new Section 2. Scheduling
The Comprehensive Plan Review Committee is hereby directed to provide its
recommendations on residential density to the Planning Commission and City Council
on or before June 15, 1997 Renumber the remaining Sections of the Ordinance Now
Section 4 Continued Processing, read Nothinq in this Ordinance shall be construed to limit
or prohibit the City's continued processinq of applications for rezoning to Zones R-2, R-3, R-
3A. and R-2A (but not includinq applications for rezoning to Planned Residential
Development), or application for replattinq, which applications were submitted to the City of
or before the effective date of Ordinance NO.1 061, Series of 1996. December 16, 1996.
Motion by Mr DiTullio for approval of Council Bill 3 (Ordinance No 1066) with the changes
Mr Dahl has indicated, seconded by Mr Solano, carried 8-0
ORDINANCES ON FIRST READING
Item 6.
Council Bill 4 - An ordinance providing for the approval of a Special Use Permit
to allow the collocation of panel antennas on an existing lattice tower in
Residential-Two Zone District on land located at 7500 West 29th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(SUP-96-5)
Council Bill 4 was introduced on first reading by Mrs Dalbec, title read by the Clerk.
Motion by Mrs Dalbec that Council Bill 4 be approved on first reading, ordered published,
public hearing be set for Monday, February 24, 1997 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 Mr DiTullio, carried 8-0
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January 27, 1997
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Item 7.
Council Bill 5 - An Ordinance amending the Code of Laws of the City of Wheat
Ridge, Chapter 26, Article I, Zoning Code, regarding residential uses within
Commercial Zone Districts
Council Bill 5 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 5 be approved on first reading, ordered published, public
hearing be set for Monday, February 24, 1997 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 Solano, carried 8-0
Item 8.
Council Bill 6 - An Ordinance providing for the approval of a Special Use Permit
to allow governmental buildings with outside storage and repair facilities in an
Agricultural-One District on land located at 11220 West 45th Avenue, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-96-6) (City of Wheat Ridge)
Council Bill 6 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 6 be approved on first reading, ordered published, public
hearing be set for Monday, February 24, 1997 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 Solano, carried 7-1 with Mrs Dalbec voting no because she
wanted to discuss this first at a study session
Mr Dahl discovered an error in Council Bill 4, Section 1 , which inadvertently had language
not pertaining to the Council Bill, and asked that this Item be reconsidered and corrected
Motion by Mrs. Worth to reconsider Council Bill 4, seconded by Mr DiTullio, carried 8-0
Motion by Mrs Worth to adopt Council Bill 4 with the following change In Section 1 delete
the words "placement of over 20,000 cubic yards of fill material" and insert "collocation of
panel antennas on an existinq lattice tower is hereby approved for the followinq described
land."
seconded by Mr Solano, carried 8-0
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January 27, 1997
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Item 9.
Council Bill 7 - An Ordinance providing for the approval of rezoning from
Planned Buildings and Facilities District to Agricultural-One District on land
located at 11220 West 45th Avenue, City of wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-96-13) (City of Wheat Ridge)
Council Bill 7 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 7 be approved on first reading, ordered published, public
hearing be set for Monday, February 24, 1997 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 7-1 with Mrs. Dalbec voting no
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 10.
Resolution 1581 - authorizing Capital funds to be allocated for sidewalk
replacement and repair in the area from Ames Street to Gray Street and from
32nd Avenue to 38th Avenue
(postponed from January 13, 1997)
Resolution 1581 was introduced by Mr DiTullio, title read by the Clerk.
Motion by M r DiTullio to postpone Resolution 1581 until after the budget meeting next
Monday; seconded by Mr Siler; carried 7-1 with Mr Solano voting no
Item 10. A. Reconsideration of Resolution 1577
Motion by M rs Fields for reconsideration of Resolution 1577 and to withdraw the grant
application for the Zarlengo property; seconded by Mr DiTullio, carried 8-0
Motion by Mrs Fields that we proceed with acquisition of the Jaidinger and Wheat Ridge
Sanitation properties and that staff be directed to make application for soccer construction
grant for two soccer fields for the Jaidinger and Wheat Ridge Sanitation properties, to be
utilized in 1998, seconded by Mr DiTullio
Motion by Mrs Worth for an amendment that before a grant is accepted we have a
neighborhood meeting; seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no
Original Motion carried 5-3 with Councilmembers Siler, Solano, and Dalbec voting no
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January 27, 1997
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Item 11.
Approval of Expenditure Items
Motion by Mrs Worth for approval of expenditure items, seconded by Mr Solano,
carried 8-0
Item 12.
Approval of 1997 contribution to Wheat Ridge Baseball Tournaments
Motion by Mr Siler to approve payment of $5,000 from Account 606-799 to Wheat Ridge
Area Baseball Association, seconded by Mrs Shaver; carried 7-1 with Mrs Fields voting no
Item 13.
Consideration of 1997 CDBG program
Catherine Wagenbach, 421 South Balsam Street, Lakewood, thanked the City on behalf of
the Seniors' Resource Center for applying for the CDBG program She explained they need
to buy a fire alarm system to meet Code She asked for $7,500
Motion by Mr Solano that staff prepare an application for the 1997 CDBG program including
projects numbered. 1 Jeffco Self-Sufficiency Council $10,000 for support of the "Family
Self-Sufficiency Program" 2 Seniors' Resource Center" $7,500 to help upgrade the fire
alarm system at their facility at 3227 Chase Street. 4 Wheat Ridge Department of Parks &
Recreation $4,576 for the Pennington After School Program 5 Wheat Ridge Department
of Parks & Recreation $12,000 for Playground equipment and accessories associated with
a Jeffco Housing Authority housing property located at 37th & Upham Street. 6 Wheat
Ridge Department of Parks & Recreation $2,000 for Camp PaHa, a summer day camp
program for special needs children 7 Wheat Ridge Department of Parks & Recreation
$3,500 for the Pennington Elementary Art Tiles Project. That we extend the balance of this
funding to talk about during the upcoming budget session, seconded by Mrs Worth, carried
8-0
Item 14.
Designation of official publication
Motion by Mr Solano to discuss this at a Study Session, seconded by Mr DiTullio,
carried 7-1 with Mrs Worth voting no
Item 15.
Bid Award for 2 pedestrian bridges (RFB #97-02)
Motion by Mr Solano that the purchase of the two pedestrian bridges be awarded to
Steadfast Bridge Company in the amount of their bid of $62,883 00 and that all costs be
charged to the Open Space Fund, Acct. No 32-601-862
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January 27, 1997
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I further move that the funds be encumbered for the length of the project which expressly
allows the expenditure of funds in 1998 for this project in accordance with Ordinance #787
1989 Series, seconded by Mr Eafanti, carried 8-0
Item 16.
Analysis of the cost for completion of the second floor remodel
Item 16 was introduced by Mr Solano, title read by the Clerk.
Motion by Mrs. Worth to go past 11'00 p m and finish the Agenda, seconded by Mrs
Shaver; failed 3-5 with Councilmembers Shaver, Worth, and Dalbec voting yes.
Motion by Mrs Worth to suspend the Rules and go past 11'00 p m to finish liquor findings,
seconded by Mr DiTullio, carried 8-0
Motion by Mr Solano that the contingency for the second floor remodel be increased by
$17,757 00 with $6,400 00 to be charged to Acct. No 59-117-802 and $11,357 00 to be
charged to Acct. No 30-610-811 I further move that $11,35700 be transferred from Capital
Improvements Fund Balance to Acct. No 30-610-811, seconded by Mr Siler; carried 8-0
Motion by Mr Siler that instead of sending the used furniture out that it be held locally for
local auction or disposition at least for a one time shot to see how it will work for the citizens
of Wheat Ridge, seconded by Mrs Worth, carried 6-2 with Mrs Dalbec and Mr Solano
voting no
CITY ATTORNEY'S MATTERS
Motion by Mrs Worth for the adoption of the findings and order regarding the liquor hearing
for Port 44, Inc , dba Horseshoe Bar and Grill, 4400 Ward Road, Wheat Ridge The
Authority hereby enters the following order' a. The summary suspension entered by the
Authority on January 13, 1997, is hereby confirmed b The alcoholic beverage license
issued to Port 44, Inc , dba Horseshoe Bar and Grill, is hereby revoked, effective January 22,
1997 Done and Entered by the Wheat Ridge City Council, sitting as the Liquor Licensing
Authority, on the 27th day of January, 1997, seconded by Mr Solano, carried 8-0
Motion by Mr Solano that Valley Liquors, 4992 Ward Road, Wheat Ridge, start serving their
suspension as of tomorrow a.m , seconded by Mr DiTullio, carried 5-3 with Mrs Shaver,
Mrs Worth and Mrs Dalbec voting no
Mr Dahl reviewed Valley Liquors terms of suspension and findings of fact as modified with
Council
CITY COUNCIL MINUTES
January 27, 1997
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Motion by Mr Solano that Council adopt findings of fact as modified and that the dates be
set to stipulated prior to this as of serving of the suspension from February 1, 1997 to March
2, 1997 and the commencement of the probationary period start as of January 28, 1997,
9'00 a.m. and all Valley Liquor employees attend alcohol and beverage sales course while
under suspension and provide information regarding course to Council by the end of the
suspension period, seconded by Mr DiTullio, carried 8-0
Motion by Mr Siler to adjourn, carried 7-1 with Shaver voting no
Meeting adjourned at 11 42 P m
~M.. J ~j;;
Wanda Sang, City e rk
APPROVED BY CITY COUNCIL ON FEBRUARY 10,1997 BY A VOTE OF ~ TO ~
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