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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. CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES January 27, 1997 Page -3- 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 CITY COUNCIL MINUTES January 27, 1997 Page -4- 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 CITY COUNCIL MINUTES January 27, 1997 Page -5- 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 CITY COUNCIL MINUTES January 27, 1997 Page -6- 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 CITY COUNCIL MINUTES January 27, 1997 Page -7- 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 CITY COUNCIL MINUTES January 27, 1997 Page -8- 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 CITY COUNCIL MINUTES January 27, 1997 Page -9- 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 CITY COUNCIL MINUTES January 27, 1997 Page -10- 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 Page -11- 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 ~ ( ~ '- -~--~--