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HomeMy WebLinkAbout02/13/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO PEBRUARY 13, 1984 The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmewbers present Kent Davis, Larry Merkl, Clyde E Hobbs, r10e Keller, Tony Plasco, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes Chief Jaquay Charles Stromberg; Richard Bredt; staff; and interested citizens ~lotion by i'lr Hobbs for approval of ~1inutes of January 23, 1 q84; seconded by Mr Wilde carried 8-0 George Hammond, 4045 Brentwood Street, complained about mud on Street He stated they have a problem with cars getting stuck feels there is a safety hazard with open pipe Drentwood He Gus Dallogiacimo, 4075 Brentwood Street, addressed the same complaint as i'lr Hammond and presented pictures of problem to Council Mayor Stites directeo Mr Palmer to see that the matter is cleared up Bonnie R Botham, 3380 Pierce Street, congratulated the City on being named Tree City USA again She also addressed the City's consideration using a chemical herbicide on roads for weed control and asked Council to have the City use alternative method of controlling weeds Betty Biddinger, 3840 Estes Street, representing the Wheat Ridqe Art League, thanked Council for the contribution to the Art League Randolph Currier, 1934 S Garland Ct , Lakewood, asked Council for a motion to reconsider Case 1~ WZ-83-28 He asked for reconsideration for the following reasons 1) The developer dio not have the opportunity of presenting plan modifications that would satisfy the Council's desire to increase the City's Sales Tax base Increasinq retail space ano decreasing residential space 2) The developer feels he did not get the opportunity to receive a list of conditions that would allow this project to proceed Mr Barsch and Mr Currier request a motion for reconsideration at this time for Case tTo WZ-83-28 Mayor Stites asked Council for comment Discussion followed No one on the prevailing side made the motion for reconsideration Item 1 Council Bill l05 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to off-street parking requirements Council Bill 105 was introduced on second readinG by Mrs Keller title read by the Clerk Speaking in favor of the Ordinance and sworn in by the Mayor were Dougal Graham, 3330 Chase Street He stated that Area Pour Planning Committee on the whole approved the Ordinance, but asked Council to amend as stated in the letter to Council Under Standard CITY COUNCIL ~'INUTLS PEBRUARY 13, 1984 pagr -2- Requirement after "1 25 spaces per 2 or more bedroom unit" add "Plus 1 0 space per each of the first 10 units or portion thereof; and for housing containinG 11 or more units an additional 1 0 space be required for each 10 units Ile urqed Council to adopt this amendment before acting on the 0rdinance itself Louise Turner, 11250 W 38th Ave , stated generally she felt this Ordinance is a step in the riqht direction She feels the alternative to the concern of too much paving Council has the authority to limit the size of development and if it does not neeo to be paved at that time, don't pave it She asked to eliminate the category of Elderly rlul ti-housinq and to create all Nul ti-family the same Speaking in opposition and sworn in by the l1ayor were George Rogers, 3160 Wright Street; Charles and A I Perrotti, 7174 W 38th Ave Ray Valente Jr , 6995 W 38th Ave, Wayne Preston, 3480 Upham Warren Johnson, llG80 vi 44th Ave Carol llampf, 3295 Miller Pat Garrity, 6749 iI 44th Ave tlike Saracino, 7747 W 44th Ave, Mary & v'lill Burt, l2290 W 35th Ave ; Kay Ore, 10565 W 46th Ave ; Lou Ficco, 11315 iI 38th Ave Tony Ficco, 12425 W 38th Ave ; Terry Cagen, 71g0 W 38th Ave; Linda Dadisman, 9910 W 44th Ave ; Jerry Roach, 7805 W 44th Ave , Joe Schieffler, 4315 Wadsworth flarlin W Burke, 3785 Marshall Steve Keller, 2870 Reed Vern Vohaska, 7605 W 44th Ave Chuck Ridig, 5420 cstes Ct , George Graul, 4200 Yarrow; Arthur Gardner, 7035 W 37th Ave Don HiGer, 4571 Teller; Nerle Taylor, 6230 W 46th Ave; Charles Graul, Jr 7955 W 42nd Ave Lee Fisher, 1130l W 40th Ave ; Jim Haas, 9840 W 44th Ave; Elsie Lippette, 0380 W 47th Place Eileen and Roger Loecker, 4599 Carr; Thomas Ripp, 431S Wadsworth; Jay Herwit, 3975 11iller; Nick Oneios, 9005 W 44th Ave Irene Lippotte, 0380 H 47th Place, Elsie ,"leyer, 6380 vi 47th Place Consensus of all who spoke was that the business community would suffer and in turn the resioents would suffer because of not being able to conform to the Ordinance also would like for a Tasy Force to be orGanized with members of the business community and residents along with Council and Planning Commission to work toward a mutual agreement that all could abide by The Ordinance should be killed as it will lose the City business If businesses have to relocate the tax burden will have to be assumed by the residents in a higher mill levy A cnart was presented by Ilr ,viII rurt showing what percentage the businesses pay towarrl the City's tax revenues Discussion followeo Ilotion by Ilr rlerkl to kill Council Dill 105 on second reading and to form a committee consisting of staff, 2 members of Council, 2 members of Planning Commission, members of business community and residential community and results to go to Planning Commission in 60 days and to Council wi thin gO days seconded by fIr Davis IIrs Snow stated she will be voting No because she feels the real problem with the Ordinance is in the first paragraph on scope She would rather defeat IIr Merkl's motion and propose not to yill the ordinance but send it back to the Planning Conunission with a recommendation to provide further detail under the first two paragraphs scope so that it is very clear that existinG businesses are not affected if they don't expand or change use and exactly when and under what circumstances businesses do have to add additional parking or meet the design standards She feels they have had enough input from people CITY COUNCIL UUTES PLBRUARY 13, 19G4 Pac -3- Mr Plasco stated he will be voting No because he feels we have a Planning Commission whose job this is The people who want to take part in it can qo to the meetinqs of the Planning Commission ano have a full input 11r Hilde stateo he will he voting 1Jo because he cioesn' t want it tied up for a lonq period of time He feels the ordinance can be settled very simply by just addressing the nonconforminG uses and not apply the ordinance to all "old" businesses with some slight change Vote on original motion carried ')-3 with Councilmembers Snow, West, and Wilde voting lJo Item 2 Council Bill 118 - An Ordinance amending Section 25 F 1, Nonconforming Structures, of Appendix A, Zoning Ordinance, of the Code of Laws, City of Wheat Ridge Council Pill llR was introduced on second reading by I1rs Snow; title read by the Clerk Glen Gidley qave the staff report Il0tioll by tirs Snow for the approval Council Bill 118, Ordinance No 563, which amends the Code of Laws, Appendix A, the Zoning Ordinance, Section 25 P 1, be approved; seconded by Mr Hobbs, carried 8-0 Item 3 Council Rill llq - An Ordinance providinG for the approval of rezoning from Agricultural-One (A-I) and ~estricted Commercial (R-C) to Commercial-One (C-l) on land located at 11722 West 44th Avenue, City of Hheat Ridge, County of Jefferson, State of Colorado Council Rill 110 was introduced on second reading by Mr Merkl title read by the Clerk Mr Stromberg presenteo the case Motion by Mr !~bbs to suspenrl the rules and go past 11 00 p m and finish the Aqenda in its entirety; seconded hy 11r Wilde; carried 7-1 with Mr Davis votinG No Dennis Hoefer, the applicant, and Ken Hope, attorney, explaineo the reasons for the proposed rezoning SpeakinG in opposition and sworn in by the Mayor were, !<:en and Doris 11eakins, 4340 Tabor Street They wi th- orew their opposition because the applicant is not setting a precedent Motion by 11r Ilerkl that Council Bill 1l9, Ordinance 504, a request for a change of zone from Restricted- Commerical (h-C) and Aqricultural-One (A-I) to Commerical-One (C-l) at 11722 West 44th Avenue, be approved for the following reasons and with the following conditions (1) All outside storage areas shall be screened froHl view from all abutting property lines by means of a 6 foot view-obscuring fence or wall (2) No use shall be permitted which primarily provicies for semi-trucking or semi-truck supported business, and that in the Ordinance the conditions become Section 2, Sectioll 2 become Section 3, Section 3 becomes Section 4, Section 4 becomes Section ') seconded by Mr Davis Mrs Snow stateo she will be voting No because (1) staff CITY COUNCIL ~lTNUTES PEBRUARY 13, 1984 Pagp -4- recommends denial, (2) request is inconsistent with the Comprehensive Plan, land use and zoning, (3) intrusion into and not compatible with single family residential use, (4) although this applicant desires the rezoning for the use of his business there is no guarantee that the property once rezoned will stay in his possession or in this use and rezoning to C-l this far south is not in yeeping with the future plans for this area and is an unoesirable precedent for the adjacent properties Ilotion carried 6-2 with Councilmembers FIasco and Snow voting No ORDINANCI:S on PIRST READING Item 4 Council Bill 122 - An Ordinance repealing Ordinance 555, Series of 1983, relating to membership of the Civil Service Commission Council Bill 122 was introduced on first reading by I1rs Keller title read by the Clerk Ilotion by I1rs Keller that Council Bill 122 be approved on first reading, ordered published, public hearing be set for 110nday, February 27, 1984, at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately after final publication seconded by Mrs Snow carried 5-3 wi th Councilmembers Davis, Hobbs, and Merkl voting No ~lr Davis stated he is voting No because we just passed this a couple of months aGo, I know we have a memorandum here from the committee stating there were applications on file for the Civil Service Co@nission--there's no dates on those Doesn't feel it is a type of committee that has to be represented from each district It has more to do with the City period Ilr Hobbs will be voting No because Civil Service Commission asked to go to 5 members, have not asked to go to 8 members Item 5 Council Bill 123 - An Ordinance amending Chapter 12, Motor Vehicles and Traffic, of the Code of Laws of the City of 1lJheat Ridge, by adding thereto Section 12-7 "Certification of Emissions Control Required," and providing a penalty for a violation thereof Council Bill 123 was introduced on first reading by IIrs Snow; title read by the Clerk Motion by Ilrs Snow that Council Rill 123 be approved on first reading, ordered published, public hearing be set for Monday, February 27, 1984 at 7 30 P m in City council Chambers, Municipal Buildinq, and if approveo on secono reading, take effect l5 days after final publication; seconded by ~lr Plasco; carried 7-1 with Mr West voting No CITY COUNCIL Item 6 NUTES PEBRUARY 13, 1984 PAC -5- Council Bill 124 - An Ordinance repealing and reenacting Section IS-8(A) of the Code of Laws of the City of Wheat Ridge, relating to fishing, and specifying in detail the Rules and Regulations applicable to fishing within the City of Wheat Ridge, and providing a penalty for violation thereof Council Rill 124 was introduced on first reading by Mr IJerkl; title reao by the Clerk Motion by Mr Merkl that Council Bill 124 be approved on first reaoing, ordered published, public hearing be set for ~londay, Pebruary 27, Ig84 at 7 30 P m in City Council Chambers, Municipal Ruilding, and if approved on second reading, take effect 15 days after final publication; seconded by Mr Wilde; carried 6-2 with Mrs Snow and Ilr West voting No Item 7 Council Bill l25 - An Ordinance amending Chapter 2l of the Code of Laws of the Cit~ of vfueat Ridge by adding a Section 21-38, assignment of refund to Senior Center fund, providing for the ability for the recipient of a property tax refund to assign that refund to the Senior Center Fund maintained by the City of Wheat Ridge Council Bill 125 was introduced on first reading by Mr Merkl; title read by the Clerk 110tion by Mr Merkl that Council Bill l25 be approved on first reading, ordered published, public hearing be set for Monday, Pebruary 27, 1984 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect on llovember 1, 1984; seconded by Ilr West; carried 8-0 DECISIONS, RESOLUTIONS, AND /lOTIONS Item 8 Item 9 tlotion by Mr Wilde that $2,500 be transferred from Unallocated Reserves to Account #121-651 for the purpose of provioing additional funds to carry out the Mass Rezoning Project for a part of District I, situated between Sheridan and Harlan, West 32nd and West 38th Avenues; seconded by Mr Merkl; carried 7-l wi th Ilrs Snow voting No Motion to set street width and design standards on 38th Avenue drainage project Louise Turner asked Council to consider an alternative and perhaps get two estimates if you are considering one that is curbed on both sides consider one that is not curbed on the south Her concern is for not to get carried away on paving if they are trying to correct a drainage problem CITY COUNCIL MINUT~S PEBRUARY 13, 19R4 PAGE -6- ~lotion by ~lr West that the staff be directed to re-design the 38th Avenue Drainage Project Everett to Holland with the following step 1 Max 33 feet flow line to flow line 2 Include curb & gutter both sides 3 Stripe for two lanes only 4 Left turn lane at Holland (N) 5 Include sidewalk (separated on S side) Mr Davis stated he will be voting No because that was not what the Street Committee had recommend to do Ilr Hobbs stated a vote was taken in the Street Committee to bring the original plan back to Council and not the motion t-lr West made Mr ~lerkl stated he feels the original plan be brought back to Council and if it is not accepted, consider another motion t-lrs Snow called for the question; seconded by Mr FIasco carried 5-3 with Councilmembers Davis, Hobbs, and Keller voting No Vote on original motion failed 4-4 with Councilmembers FIasco, Snow, West and Wilde voting Yes t-lotion by Mrs Keller that the City Council have a Study Session on Pebruary 21, 1984 with the Public Works Department for the purpose of discussing street standards for any future projects coming up for the next council term; seconded by Mrs Snow; carried 5-3 with Councilmembers Davis, Hobbs, and Merkl voting No Item 10 CONSENT AGENDA A Resolution 880 - authorizing the City of Wheat Rirlge to enter into an Intergovernmental Agreement with the City of Arvada to provide citizens of ~fueat Ridge with programs and services in the arts and humanities through the Arvada Center for the Arts and Humanities B Motion to purchase our street marking materials from 11innesota t'lining and ~lanufacturing Company, at a total cost of $6,525 30, to be charged to Account 304-600 C Resolution 881 - authorizing the Mayor to siGn the Intergovernmental Agreement entitled request for payment and certification of use of funds for the Wilmore-Davis School/Park Project D /'lotion that the City of vfueat Ridge participate In assisting the Colorado l1unicipal League in opposing the rate increase by Mountain Bell, in an amount not to exceed $1,904 58 and this amount be charged to Account 01-610-759 E Motion to appoint Victor Nostas and Roy Combs and to reappoint Robert Eckhart, Joseph Mora, Theodore Erickson, and F Alan Hills to the rlass Transit Committee for 3 year terms to expire March 2, 1987 P /lotion that the second half of the April 2, 1984 Study Session be moveo to the Senior Center at 6363 West 35th Avenue, to continue the analysis of the proposed Senior Center expansion I further move that this meeting be a tour of the building and discussion among Councilmembers and the consultant, with no further public or commission presentation or comment CITY COUNCIL 'UUTES PEBRUARY 13, 1924 PAGE -7- G Motion to hold a Special Ileeting of the City Council on Saturday, February 18, 1984 at 8 30 a m in the downstairs conference room of the Municipal Building reqarding Councilmember relationships and Council procedures Il Motion that $2,500 be transferred from Account #602-hlg (Fee Personnel) to Account #01-602-800 (Major Equipment) for the purchase of a fitness trail in conjunction with the Institute for Health Education to be placed in the area of the half-mile track on the Lutheran Meoical Center grounds Mr Merkl pulled Items D & F Motion by Mrs Snow that Items A, P, C, F, G, and H be approved seconded by ~lr \^Jest; carried 8-0 110tion by I1r Hobbs that Item 0 be approved seconded by ~1rs Snow; carried 7-1 with Ilr ~\erkl voting no ~lotion by ~lr wilde that Item F be approved adding that the Chairman of both commissions be present; seconded by ~1r Hobbs; carried 8-0 CITY ATTORNEY'S MATTERS Mr Hayes advised Council that on Channel 2, KWGN, 13 times under editorials "That's my Opinion" section of their programming, the city was taken to task for the enactment of the Group Home ordinance Channel 2 asked if the City wanteo to make a reply t1r Hayes felt that was inappropriate and that was up to the citizens of the City Mr Hayes asked for an Executive Session under Section 5 7(b)(A) of the Charter rlotion tlr Hobbs for an Executive Session under 5 7 (b)( A) of the charter following the Council Meeting; seconded by Mrs Snow; carried 8-0 110tion by Mr Davis to adjourn after the Executive Session seconded by Mr West; carried 5-3 with Councilmembers Keller, Plasco and Hobbs voting No Executive Session was held t1eeting adjourned at 1 00 a m J t!' ,,{ I, .L.~ Wanda Sang, i i . J, ( ~7f1e City ~ erk