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HomeMy WebLinkAbout01/09/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JANUARY 9, 1984 The City Council Meeting was called to order by the ~layor at 7 30 P m Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Moe Keller, Nancy Snow, Randy West, and Dan Wilde Tony FIasco was absent Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim Malone; Department Heads Charles Stromberg, staff and interested citizens Motion by Mr Hobbs to approve the Minutes of December 19, Ig83 seconded by Mrs Keller Motion by Mrs Snow for correction on 2 items Under Item 7 ~lr Davis moved to amend ~lrs Snow's motion to read "a percentage of 50%" insteao of "70%" Mrs Snow accept eo this as part of her original motion The minutes should also show that she voted No on holding the Executive Session because she felt it should be made public what the session was about and she woulo in fact not atteno but go home rlotion re Minutes carried 7-0 with corrections PROCLAr1ATIONS OR CERE~lmJIES The Mayor administered the Oath of Office to Jean Hughes and Edward Pinson as members of the Election Commission for a two-year term Motion by I1rs System Item 9; Snow to ameno the Agenda and make Resolution on Sales Tax seconded by Mr Merkl; carried 7-0 CITIZENS' RIGHTS TO SPEAK There was no one present to speak E~1ERGENCY ORDINANCE Item 1 Ordinance 5Gl - An Emergency Ordinance imposinq a ninety (gO) day moratorium upon issuance of builoinq permits to allow construction of multi-family units pursuant to Section 25 (F), non-conforminq structures of Appendix A of the Code of Laws of the City of vfueat Ridge Emergency Ordinance No 561 was introduced by Mr Wilde title read by the Clerk Dougal Graham, 3330 Chase Street, gave Council a letter from Area 4 Planning Committee and read it into the record will Burt, 12290 West 35th Avenue, spoke against the Ordinance He feels the Ordinance is not warranted and requests Council not to pass the Ordinance r1r Davis stated he will be voting Yes for the Emergency Ordinance as printed with only non-conforming If recommendations by Area 4 Planning Committee are accepted he will vote No Motion by Mr Wilde that Emergency Ordinance l~ 561 be approved with the effective date ninety (90) days from January 9, Ig84; seconded by Mr West; carried 6-1 with Mr Hobbs voting No CITY COUNCIL rlINUTES JANUARY 9, 1984 PAGE -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 115 - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanGes Council Bill 115 was introduced on second reading by Mr Davis title read by the Clerk Motion by Mr Davis that Council Bill 1l5, (Ordinance 562) with effective date retroactive to January l, lq84 be approveo seconded by ~lr Hobbs; carrieo 7-0 Item 3 Application by Public Storage, Inc Final Development Plan at 12351 W for an amendment to a 44th Avenue Mr Stromberq presented the case Steve Tangney, 5378 South Sedalia Court, the applicant, was sworn in by the rlayor ano was there if Council had any questions Motion by rlr Merkl that Case No WZ-83-31, a request for an amendment to a final development on property located at l2351 i'lest 44th Avenue, be approved for the following reasons (1) Planning Commission and staff recommend approval; (2) the amendment lS consistent with the previously approved plan (3) the amendment is compatible with adjacent uses seconded by Mr Hobbs; carried 7-0 UNFINISHED BUSINESS Item 4 Council Dill 105 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the City of Wheat Ridqe, County of Jefferson, State of Colorado, relatinq to Off-Street Parking Requirements Council Bill l05 was introduced on second readinq by ~lrs Snow; title read by the Clerk The following were sworn in by the ~layor Dougal Graham, 3330 Chase Street, spoke to Area 4 Planning Committee previous letter ano stated they are happy with amendments SpeakinG in Opposition were Jerry Roach, 7805 West 41st Avenue; Kay Ore, 10565 West 46th Avenue Barry Hudson, 6545 West 44th Avenue; Robert Biddinger, 3840 Estes Street Wlll Burt, 12290 West 35th Avenue Larry Addington, 10220 West 33rd Avenue; Pat Aiello, 2845 Otis Court They all felt the parking spaces were too many and could turn the City into "Asphalt City" Ilotion by rlrs Snow for the arJoption of Council Bill 105 with all amendments approved by consensus at Study Session; seconded by Mrs Keller rlr rlerkl asked to ado to the ~lotion that to complete any amendments that are going to be made to the ordinance at this meeting and then before a vote on ordinance, the Ordinance be republished in full with all amendments ado eo and Public Hearing be set on Monday, February 13, 1984; ~lrs Snow accepted this as part of her motion and Mrs Keller as second; carried 5-2 with Councilmembers Wilde and West voting No Motion by Mr Merkl to amend the ordinance to include multi-family elderly housing or elderly group homes exclusive to both 60 years or older; CITY COUNCIL MINUTES JANUARY 9, 1984 PAGE -3- remove from multi-family residential its own class of 1 space per 1 bedroom unit, 1 25 spaces per 2 bedrooms and over seconded by Mr Davis carried 5-2 with Councilmembers Snow and West voting No Ilotion by Mr Merkl to amend Section E APPEAL/VARIANCES TO STANDARDS, to insert variances to number of parking spaces required are allowed up to 10% by the Board of Ad justment; secondeo by 11r Davis carried 7-0 Ilotion by Mr Merkl to amend the Section C 9 Rack-Out Parking, except for one and two family dwellings, all parking areas shall be designed so that all vehicles exiting from parying area would not be required to back out across any sidewalk or public riqht of way and add sentence, "except In areas where back-out pnrking is alreaoy allowed in existing during ingress and egress seconded by Mr Davis; carried 5-2 with Councilmembers Keller and Snow voting No 110tion by t-lrs Snow to amend Section 19 to add the phase "except that a minimum of 10 feet of landscaping will be provided adjacent to the front property line for new developments " seconded by Mr Wilde; carried 6-1 with Mr Merkl voting No Ilotion by 11rs Keller to amend Section C 5 Landscaped Buffer, to add sentence to Mr Gidley's memo "Landscape Buffer a) Whenever a parking lot boundary adjoins property zoned for residential use, a landscape buffer of ten (10) feet from sairl lot boundary shall be required vli thin the ten (10) foot landscape buffer, a six (6) foot view obscuring fence or decorative wall shall be constructed In addition, grass or other acceptable ground covers or trees and/or shrubs shall be planted within the landscape buffer area as approved by the zoning administrator through a landscape plan No more than 10% of the landscape buffer requirements may be waived without the approval of City Council Elementary Schools one space per each faculty or staff member plus 10% additional parking space for visitors; seconded by Mrs Snow carried 4-3 with councilmembers Davis, Hobbs, and l1erkl voting No Item 5 A Public Hearing concerning the City's consideration of making application for Community Development Block Grant (CDBG) funds through the Department of Local Affairs of the State of Colorado--qrant is intended to improve the water system and fire fighting capabilities in the area roughly bounoed by West 2Gth Avenue to West 29th Avenue, and from Sheridan Blvd to Penton Street (Continued from December 19, 1983 meeting _ republished) B Resolution 873 - approving the submission of Grant Applications for a Water System Project to the Colorado Department of Local Affairs, under the Small Cities Program of the Community Development Block Grant (CDBG) (Continued from December Ig, 1983 meeting) CITY COUNCIL tlINUTES JANUARY 9, 1984 Paqe -4- C Public Hearing concerning the City's consideration of making application for rommunity Development Block Grant (CDBG) funds through the Department of Local Affairs of the State of Colorado--citizen input on the types of projects they wish to pursue and to explain the CDBG program A Motion by Mr Merkl to close the public hearing continued from December 1 g, 1 C)83; seconded by ~lrs Snow carried 7-0 Speaking in favor and sworn in by the Mayor were Tom W 28th Ave, A B Harrington, 2844 Depew, Pat Aiello, All stated the urgency of this project 110tion by Mr the hearing to January 23, 1984 (B & C ); seconded by carried 7-0 Hildebrand, 5220 2845 Otis Ct Hobbs to continue ~lrs Snow NEvi BUSINESS ORDINANCES ON FIkST READING Item 6 Council Bill 117 - An Ordinance repealing and reenacting Section 28 A 10 of the Code of Laws of the City of Wheat Ridge, relating to the definition of the term "Eome Occupations", and also revising various other sections of the Zoning Ordinance relating to "Home Occupations" as a permitted use (Case No ZOA-83-8) Motion by Mr Merkl that Council Bill 117 be killed on first reading seconded bv Mr Davis Discussion followed Mr l1erkl and Mr Davis withdrew their motion Motion by Mrs Snow to discuss the proposed Home Occupation Oroinance at the April Study Session seconded by I1rs Keller carried 7-0 Item 7 Council Bill 118 - An Ordinance amending Section 2S F 1, nonconforming structures, of Appendix A, Zoning Ordinance, of the Cooe of Laws, City of Wheat Ridge (Case No ZOA-83-5) Council Bill 118 was introduced on first reading by Mrs Snow title read by the Clerk Motion by Mrs Snow That Council Rill 118 be approved on first reading, ordered published, public hearing be set for 110nday, Pebruary 13, 1984, at 7 30 P m in City Council Chambers, municipal Bldg , and if approved on second reading, take effect immediately after final publication; seconded by Mr Wilde; carried 7-0 Item 8 Council Bill Ilg - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) and Restricterl Commercial (R-C) to Commercial-One (C-l) on land located at 11722 W 44th Avenue, City of vfueat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-30) Council Bill 119 was introduced on first reading by ~lr ~']erkl title read by the Clerk Motion by Mr Merkl that Council Bill 119 be approverl on first reading, ordered published, public hearin0 be set for Monday, Pebruary 13, 1984, at 7 30 P m in City Council Chambers, Municipal Blog , and if approved on second reading, take effect 15 days after final publication seconded by Mrs Keller carried 7-0 CITY COUNCIL MINUTES JAtJUARY 9, 1984 Page -5- Item 9 Resolution 879 - A Resolution urging the Colorado Elected Representatives and Senators to oppose LeGislation introduced concerninq Sales Tax Simplification Jaque Wedding explained the Sales Tax Resolution Motion by Mrs Snow to ameno the title to read "A Resolution urging the Colorado Elected Representatives and Senators to oppose legislation introduced concerning Sales Tax Simplification", and to change the last paragraph to read "Now, therefore be it resolved by the City Council of the City of Wheat Ridge, Colorado, that it urges the State Legislators to act as quickly as possible to oppose legislation proposed concerning Sales Tax Simplification" ~lr Merkl asked I1rs Snow if she would insert after "City of Wheat Ridge" in first paragraph to "City of Wheat Ridge, a Home Rule City" 11rs Snow agreed; seconded by !lr Wilde; carried 7-0 CITY AD/1HnSTRATOR' S !lATTERS Mr Palmer spoke regarding a letter that he and each member of Council received He said he did not feel it shoulo be discussed until he would receive the response he requested CITY ATTORNEY'S IlATTERS ~lr Hayes addressed the a~endment that had been requested previously on the Senior Tax Rebate, Article 3 of the Tax Orrlinance, letting the Seniors designate that they wanteo the rebate to go to the Senior Center Be asked if Council still wants that rlone Motion by ~!r l'lerkl for City Attorney to bring forth the Oroinance at a later date; seconded by !lr Hobbs; carried 7-0 He further discussed the recent Colorado Supreme Court consideration on an Ordinance calleo Service Expansion Fee, designed specifically as a charge baseo on square footage of new development municipality This fee is paio in the interim between the time the builoing is completed and the time the matter gets on the property tax rolls to cover the Administrative Services, such as Police, Code Enforcement, all of the administrative functions of the city that are not being compensated for by sales tax ~he Supreme Court upheld the charge It is an excise fee and not a sales tax He wanted to know if Council wants him to prepare such an ordinance for their consideration Questions were asked of I1r Hayes Council requested a copy of it to read before they consider it He will give a report next week on the trial that started on Tuesday, January 10, 1984 regarding the Senior Police Officers' lawsuit ELECTED OPFICIALS' t!ATTERS Mr Davis asked Mr Palmer how they were progresslng on 44th Avenue, and if the engineering had been done He requested that we start getting the bid package out earlier so our street work can get started earlier in the year so we don't continue to have the streets torn up in the wintertime Hr Palmer stated they will work on it CITY COUNCIL /CIINUTES JANUARl 9, 1984 Page -6- ~1rs Keller asked how much notice are we qoin9 to give the Phone Company and Public Service to move their lines I1r Hayes replied that in the contracts the City has shifted the responsibility to the contractors completely Contractors will not be able to bring back a delay against the City They are attempting to remove all responsibility away from the City to the private contractor Mr Hobbs asked !lr Hayes about the ~rea of 52nd Avenue & Tabor east of Simms Street The drainage problem has been going on for 2 years He asked for a solution on it with an agreement between the City of Wheat Ridge and Arvada within the next couple of weeks He asked if the roughness had been taken care off on Hest 44th Avenue between vladsworth and Ammons Mr Palmer replied they are working on it He also questioned the opening of West 32nd Avenue and wondered if barricades are there The answer was it has been opened and barricades are there to discourage through-traffic because man holes are still sticking up Mrs Snow asked is anything could be done to force the telephone company to move their lines when they are told Could anything be put in the franchise agreement to enforce this? Mr Hayes stated that the agreements are for 15 years and nothinq could be done presently The only way anything can be done is re-negotiating the franchise aqreement Motion by Mrs Snow that l1ayor Stites and Mr Wilde be representatives to the Coalition of Cities; seconded by !lr West Mr rlervl stated that the I.layor and whoever he chooses as alternate are the representatives Councilmembers Snow and West withdrew their motion ~lotion by Mr West that l1ayor continue to be representative to the Coalition of Cities and that he appoint somebody; seconded by rlrs Keller; carried 5-2 with ~lrs Snow and !lr l1erkl voting No rJayor Stites stated that the !'layor pro tem will be the alternate to the Coalition of Cities Mrs Snow further discussed her concerns about a propane station gOlng into the city; wanted Council to consioer changing the ordinance on propane in the City; wondereo if during February's study session all the proposals on R-3 zoning should be discussed Consensus was that there were already safety requirements in our ordinance Meeting adjourned at lO 30 P m