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
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PEBRUARY 13, 1984
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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
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PLBRUARY 13, 19G4
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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
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PEBRUARY 13, 1984
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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
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~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
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PEBRUARY 13, 1924
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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
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Wanda Sang,
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City ~ erk