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HomeMy WebLinkAbout02/27/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO PEBRUARY 27, 1984 The City Council rleeting was called to order by the t-layor Rt R nn p rn Councilmembers present Vent Davis, Larry Herkl, Clvde E Hohbs, floe Yeller, Tony F1asco, Nancy Snow, Handy \lest, and Dan Wilde Also present City Clerk, \'lanoa Sano City l\dministrator, Tom Palr;]er; City Attorney, John Hayes; Chief Taquay; Charles Stromberg Richard Predt; staff; and interested citizens tlotion hy Ilr seconded by rJrs Hobbs to approve the Ilinutes of February l3, Snow carried 8-0 lC184 CITIZENS' hIGflTS TO SPEAF Carol Hampf, 32'15 niller Street, spoke regarding the present Council not wanting to hear from staff or committees and also cOlllmented on Counci 1 makinq decisions before coming to Meetings If they vote with their conscience and are chastised afterwards, the item is brought back for reconsideration flayor Stites noted that the applicant's attorney for Item 2, Council Rill 121 - An Ordinance providinq for the approval of rezoninG from Commercial-One (C-l) to Resioential-Three (R-3) un land located at 9401 West 44th Avenue, City of lolheat Ridqe, County of Jefferson, State of Colorado (Case No WZ-R3-34) (Frany Clatz), has requesteo that the item he postponed Mrs Snow requested that Item II be moved up after Item 7 Mr Ilobbs had a problem with that because some people who wanted to speak on that Item would not be present until 9 30 p m or 10 no p m I-lotion by Mrs Snow that Item 11 be moved up after Item 7, seconded by flrs Yeller; failed 3-5 with Councilmembers Snow, West, and l\el.ler voting Yes hr Davis objected on the basis that when he requested a ~oenior problem be moved up it was stated the Agenoa was set and the people were aware of the agenda The Council President goes over tne l\genda, so it could be set up in a timely fashion, therefore, he will vote aqainst it ~lotion by fir Ilobbs to postpone Item 2 until tlarch l2, 1984 seconded b'y t'1rs Snow carried 8-0 CITY COUnCIL ~lItJUTE~ FLPRUARY 27, lq84 PaGe -2- PUBLIC HEAPIPGS ANL ORDU,ANCFS OU SECOl-JD EEADH G Item 1 Council Bill 120 - An Ordinance providinq for the approval of rezoninq from Resioential-Two (R-2) to Fesidential Two-A (R-2A) on property located at 6QPS-Qs West 3l~t Avenue, City of Wheat Ridqe, County of Jefferson, State of Colorado Council Bill l20 was introduced on seconJ readinq by Mrs keller title read by the Clerk Mr Stromberg presented the case Present and sworn in by the Mayor were the Attorney for the applicant, Herbert A Shatz, 2785 Borth Speer Dlvd Denver, Dennis \ Whi ttington, G9G5 West 31st l\venue, Jlpplicant Both gave testimony why the rezoning was for economical reasons They wish to COIClply with the law Speaking in favor of the rezoning were Eva Parmer, 7000 W 32nd Ave, Mary Whittington, 69A5 W 31st Ave, rlichelle ivright, G.995 VI 31st Ave, Rodney noah, Gq95 vI 31st Ave, C.larence Smith, 6q30 W 32nd Ave, Bruce Lonnecker, 0950 W 32nd Ave Spea}inq in opposition were Thomas Slattery, 606Q W 32nd Ave, who stated it is blatant spot zoning Hardship is not a reason for rezoninq John Curnow, 3000 0uay Street Rose Tricyler, 3090 Reed Street; !Ior~er Roesener, 2965 Quay Street; Hobert J Vidick,2950 Quay Street City Attorney John Haves stated that the letter from tlr & 11rs TrickIer, opposing the rezoning, constitutes a legal protest Liscussion followed !-10tion by 11r ~lerkl that Case 1-10 WZ-R3-33, a request to approve n chanGe of zone from Residential-Two (P-2) to Resirlential-Two-A (R-2A) be rlenied for the following reasons 1 The proposed rezoninq is not compatihle with the adjacent land uses and is not compatible with the surroundinG zoning 2 ~he proposed rezoninq is not in conformance with the Comprehensive Plan 3 The proposerl rezoning to P-2A coulo be construed to be spot zoninG seconded hy Mr Wilde; carried 8-0 Item 3 Council nill 122 - An Ordinance repealing Ordinance 555, Series of 1983, relating to membership of the Civil Service Commission Council Pill 122 was introJuced on second reading by Councilmember Keller title read by the Clerk Arthur R Gardner, 7035 ~ 37th Avenue, rivil Service C.ommission member, explained why the Commission wanted 5 members instead of 8 lIe feels that on a commission such as this, each district beinq represented is not necessary rrank A Cosolo, 4370 Dudley Street, reiterated Ilr Gardner's statements Discussion followed 11r Davis stated that his problem is, that this is 2 or 3 months old and yet to work has no qualm and has had a representative of the Civil Service Commission to state that at the time of the reappointment that the 5 members go back equal representation as close as it would be 1 member from each district ano 1 member at large The question here is the woryability of 5 people it is up to this Council and stated tonight by tlr Co solo an,] ~1r Garoner that they have absolutely no CITY CoUtJCIL ~iINU'1'LS February 27, 1984 PaGe -3- input or knowledGe of who applies or who doesn't apply for this commission He knows the 2 new applicants for this commission but the applications were dated after the appointment time Commission's problem at the time of appointmpnt was that they did not have a quorum the applications were past the time of their concern (the commissions) The commission's concern is a viable one, a relatively important commission in that they have full hiring power of the police departI71ent, overlooy the promotion of the police oepartment It is not a commission that is politically involved in that we have to have an equal represelltation that is when something we have to do as a Council, are the apf'ointments come up we as a Council to make sure that that equal representation is established Therefore, because of that and havinG 10 years experience on the Civil Service Conmlission where there WnS only three members that worked very well he will vote no on this Ordinance Motion by Mrs Keller for the adoption of Council Rill l22 (Ordinance 565) on second reading; seconded by Mr FIasco carried 5-3 with Councilmembers Davis, Hobbs, and Mer~l votinq No Item 4 Council rill 123 - An Oroinance amenrlinq Chapter 12, Ilotor Vehicles and Traffic, of the Code of Laws of the City of \'lheat Ridqe by adding thereto Section 12-7 "Certificatjon of Emissions Control Required," and providinq a f'enalty for a violation thereof Council Pill 123 was introduced on second readinG by ~lrs Snow ti tIe read by tlle Clerk Motion by t'lrs Snow for the ar'option of Council Dill 123 (Ordinance 566) on second readinG; seconded by Mr Meryl; carried 7-1 with Mr West votinq No Item 5 Council rill l24 - An Ordinance repealinG and reenacting Section lS-B(A) of the Cooe of Laws of the city of Wheat Ridge, relating to fishing, and specifyinq in detail the rules and regulations applicable to fishing within the City of i'lheat RidGe, and providing a penaltv for violntion thereof Council Bill 124 was introducerl on second reading b'y r!r ~lerkl title read by the Clerk Edgar Johnson, 3700 Benton Street, informed Council that this has been reviewed by par}s and Recreation commission uf which he is the chairman They fully support this Ordinance Motion by Mr Merkl for the adoption of Council Rill l24 (Ordinance 567) on second reading seconded by 11rs heller; ~lotion by I1rs Snow that in Section (A) (1) and Section (10) the aqe of "fifteen (15) years of aGe ancl over" be chanqed to "eiGhteen (l8) years" seconded by 11rs Keller l\nn Vamf'f, City of Hheat Pidqe Par~ Ranger, was sworn in by the ['1ayor and stated that basically they are not chanqing the laws They have no riqht to do that as a City body ~hese are state laws which we already have in our v,rneat Ridge Code of Laws, whic11 states that the Ordinance is in cOI71pliance with state laws This is lust a clarificntion tlr FIasco stated he will vote against the Ordinance because we are puttinG a law on our books when there is CITY COUNCIL MItUTES Pehruarv 27, lQP4 Page -4 already a state law hrs Snow wi thrlrew her amendment oriqinal motion carried 7-1 with Ilr Flasco voting 110 Vote on Item 6 Council Fill l25 - An Ordinance amending Chapter 2l of the Code of Laws of the City of ~\fheat Hidge by addin<J a Section 21-38, assignment of refund to Senior Center Fund, providinq 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 Ridqe Council Bill 12') was introduced on second readinq by rlr rleryl; title read by the Clery Edgar Johnson, 3700 Benton Street, stated he personally is in favor of this and most of the Parks & Recreation Commission members are also in favor Phyllis Lancaster, 4076 Everett, spoke in opposition She felt the proqram was set up solely to help the elderly keep a roof over their head If they can give it away, they don't need it Motion bv Mr Mer} 1 for the adoption of Council Dill 12') (Ordinance 5(8) on second readinq; seconded by rlr Hobbs Ilr Plasco stated he will be voting aGainst the oroinance because of the very reasons I1rs Lancaster spoye of 11r vJest stated he will he votinq No for the same reasons Mrs Lancaster and nr Plasco stnted Fle is a little concerned that some undue pressure will be forced on these people Motion carried ')-3 with Councilmembers FIasco, Keller, and West voting N(; Item 7 Application hy Paula Kanios for approval of site plan within the Kipling l,ctivity Center - Ilaster Planned Area (Approximately 4305 Kipling Street) (Case No iVSP-84-1) (Paula Yanios) 11r Stromberg presented the case Applicant Paula Kanios was present and sworn in by the Mayor She stated if this is not approved she will lose her water tap She is working with an archi tect to build a lIDO square foot building r'lotion by 1'lr Wilde that Case No WSP-84-1, a request for site plan approval at 4305 Kipling Street, be approved for the followinG reasons and with the following conditions 1 Staff recommends approval 2 The use is temporary and is compatible with adjacent uses Conditions 1 All Commercial-One uses except those enumerated by staff in #V are approved including Rental agencies stores for retail trade as listed b Auto, truck, house trailer, mobile sales ano service (this would also exclude the sale of mobile, portable or modular structures) c Lumber yards d Resort hotels or motels Theaters Homes for the aged Car Wash 2 This approval is limited to one year from the date of Certificate of Occupancy on this site; seconded by Mr West; carried R-O CI'l'Y counCIL tlIUUTLS February 27, 1984 Page -5- Dr:CISIONS, l(I:SOLUTIDtJS, AND tl0TIONS Item 8 Pesolution 882 - amendinG Resolution 872 - adopting Salary Schedule and providing pay grades and pay ranGes for fiscal year 1984 Resolution 882 was introduced by Councilmember Keller title read by the Clerk Chairman of Personnel Commission, Robert Reischman, was sworn in by the Mayor lie reao letters concerning grievances by Pary Hanger/Naturalist I and II, and Tree Trimmer Personnel Commission feels they should be upgraded Ilavor Stites called for a motion None was made - Resolution died for lack of motion Item C) /lotion to ma}e appointments to various BoardS/Commissions/Committees Carl rerveny, chairman of the PlanninG Commission, the reappointment of Cal Johnson and Ray Winger have done an outstanding job in their terrY[ sf'oye regaroinG He feels they Ilotion by tlr vlilde to reappoint Grace Shaddeau and Louise Turner and to appoint Karin Heine to the Animal Control Commission; to appoint Mary Jo Cavarra, George F Hiller, and Pat Lovelace to the Arborist Goard; to reappoint Robert Blair, Roy Griffith, and to appoint Bruce Brandt to the Board of Adjustment to reappoint James Grant to the Building Code Advisory Board to appoint Don Barnett, Gerald llillenberg, James liellman, and to reappoint Frany Cosolo to the Civil Service Commission; to reappoint Thomas 11acaluso, Janice Thompson, John t1cDerrnott to the Parks and Recreation Commission to reappoint Ann Gale, Allen Kirby, Robert l<eischman to the Personnel COl'l1nission to reappoint Ray vhnger and to appoint Vance Kolesar to the Planning Commission to appoint Don Coates and Wally Schott to the City/Chamber of Commerce Coorrlinatinq Committee seconc1ed by t1rs Snow t1r tlerkl reGuested that Planning Commission appointees be voted on separately Vote on all appointments except Planninq Commission carried 8-0 110tion by t1r 11erkl to reapf'oint Cal Johnson instead of Vance Kolesar to the PlanninG Commission; seconded bv Ilr Hobbs failed 3-') with Councilmembers Davis, Hobbs, and ~lerkl votinq Yes Vote on original motion carriecJ 5-3 with Councilmembers Davis, Hobbs, anrl rlerkl voting No Motion by tlrs seconded by tlr Snow for FIasco; an Executive Session un(ler S 7 (1)) (3) carried 7-1 wi t"h rlr Davis voting No Executive Session was helrl Ilotion [-JY r'rs Snow to suspend the finish the agenda in its entirety 7-l wi tl1 11r Davis voting No rules and go past 11 00 P m and seconded bv /Irs Keller; carried CITY COUNCIL rlUiUTJ:.S February 27, 1984 pa'Je -6- Item 10 Resolution 884 - authorizing the Jefferson County Open Space Officials to purchase the property and water rights for Open Space purposes the parcel of land referred to as the Pock/Gillhouse locateo at 4300 Tabor Street in Wheat Ridge subject to final approval of the purchase price by the City of Wheat Ridge Resolution 884 was introduced bv hrs Snow title read by the Clerk Lillian Fleming, G363 W 29th Ave , spoKe in favor of the purchase She feels we need more picnic and play areas rather than ballparks and pavilions Claudia Worth, 4650 Oak Street, stated that District IV is famous for Parks and Recreation and feels this purchase would be an asset Edgar Johnson, representing Parks & Recreation Commission, spoke in favor of the purchase to include water Warren Johnson, llG80 W 44th Ave , owner of property directly north of property in question !lis concerns are the questions the council needs to address 1 the need; 2 the funds to purchase; 3 funds to develop it; 4 funds to maintain it and immediate plans for it )v]otion bv rlrs Snow to table Resolution until such time appraisal comes back on Byerly property and know better we might have to purchase this property seconoed by l'lr carried 5-3 with Councilmembers Davis, Hobbs, and Merkl that an what funds Wilde votinG tio Item II Ilotion by 110e Keller to reconsider the 38th Avenue DrainaGe Project Sworn in by the 11ayor were Phyllis Lancaster, who approves of the reconsiderntion Drainage is a real problem She is aGainst widening it more than 33' flow line to flow line; Susan 11anigold, 6665 W 26th Ave , who read a letter from Ben Chastain into the record lIe is aqainst v/idening the street, as is Ilrs ~lani<Jolo Claudia Callas, 8701 W 38th Ave , who is also against widening any more than 33 feet A letter frrnn Leonie Jones was read by Randy West She is also against widening 38th Avenue Discussion followed Motion by )v]rs Keller to reconsioer the 38th Avenue drainage project, and to direct the staff to redesign and let for bid the project with the followinG specifications 1 11aximum of 34 feet flow line to flow line 2 Stripe for two lanes only 3 Left turn lane at Holland (~orth) 4 Include curb and qutter both sides 5 Include a separated sidewalk on the south side seconded by 11rs Snow; 11rs Snow asked if )v]rs Keller would accept the following as part of her motion I further move that this be considered in accordance with the Comprehensive Plan Street Design Standards for a local/collector street and for the followinG reasons 1 West 38th Avenue west of Lutheran is primarily residential with the exception of its intersection with Kipling and YounGfield As such, neighboring homes with direct access should be protected from the higher speed and greater traffic that would result from a 44 foot 3 or 4 lane street 2 38th Avenue is the school route for three schools, Wilmore Davis, Everitt and Wheat Ridge Spnior High A two lane street is easier for children to cross than a 3 or 4 lane The separated walyway planned will provide protection of children walking to school 3 There is a very steep irop from the north side of 38th which would maYe widening this side require extremely expensive and unsightly retaining llls, as well as increase danqer for property owners CITY COUL,CIL ~lnJU'L'ES February 27, 1984 Page -7- entering 48th Avenue from the north Particularly, neqotiating access to 38th from below-grade homes on the north is nlready difficult and danqerous, and every foot of widening increases the steepness of driveways and makes it more difficult to enter the street with safety 4 Althouqh 38th is a through street to the west, it deadens at YounGfield a short distance to the west 5 Since this section of 38th is a major route to Lutheran hospital, lanes need to be wide enouGh so that cars can pullover and allow emerGency vehicles to pass G The above characteristics of West 3Rth make it a mix between a local and collector street, with the comprehensive plan showinG drivinG widths of 28 feet for a local street and 44 feet for a collector, and 34 feet as a local/collector Further, on q/27/7f the City Council gave approval for a 50 foot collector street to have the same cross section as a S0 foot local street, or 34 feet Therefore a 34 feet width is appropriate for this section of 38th l',venue I further move that the staff brinq in an amendment to the Comprehensive Plan to designate West 38th Avenue from Dudley west as a local/collector street, that this be referred to the Planning Commission for recommendation, and that this be brought back no later than April 23, 1984 for final vote I1rs Keller accepteo this as part of her motion Mr Davis stated he will be voting No He is a member of the street committee and this was set up originally as a drainaqe project and after the street committee discussed several times that it should remain a drainaqe project, we have since gotten into widening the street He is voting No because primarily he would like to use the money to proceed on to the next drainage project of importance since we have couple of members on Council who can't make up their minds what they want Motion by Mr Wilde to amend motion to stripe 3 lanes; seconded by I1r FIasco Failed 3-5 with Councilmembers Davis, FIasco, and Wilde voting les Vote on oriGinal motion carried 5-3 with Councilmembers Davis, Hobbs, and 11erkl votinG No Item 12 110tion by T1r lIobbs to Abolish the task force ancl ParkinG 0rdinance be brought back on March l2, Ig84; seconded by r1r FIasco carried 5-3 with Councilmembers Davis, Keller, and Meryl votinG No Item 13 /lotion by randy West to reconsider Ordinance SG4, Series of lQ84, providinq for the approval of rezoninq from Aqricultural-One (A-I) and Restricted Commercial (R-C) to Commercial-One (C-l) on land located at 11722 \lest 44th Avenue (Case No "rZ-83-30) (Roc} y l10untain Fence Co ) CITY COUNCIL tHUUTES February 27, 1984 Page -8- f-.enneth Hope, 3460 S Sherman, Enqlewoorl attorney for Dennis Hofer, was sworn in by the Ilayor lie stated aqain the reasons for rezoninq--cannot understand the reconsideration rlotion by Mr West to reconsider Ordinance 564, to be republished and reposted for hearinq on Monday, March 2G, lQ84, at 7 10 p m in the city council chambers of Wheat Rinqe Ilunicipal puilrlinq I further move that no buildinq permits be issued until that time seconrlerl bv I1rs Snow Discussion follo'ved 11r wilde calleo for the auestion; seconded by Ilr I'erkl carried 7-1 with I1rs Keller votinq 1;0 Vote on original motion failed LI-4 with Councilmembers Yeller, West, Snow, and Wilne votinq yes Item 14 Consent Agenda A hotion to Ciwanl bid for communication equipment maintenance to Syntonic Technoloq}, at an annual DASE cost of $12,049 32, to be charqed to various departmental other equipment maintenance accounts B !'lotion to F.obb Street, $G,450 00 to award the bid for a replacement roof at 4l'ilO to Accent Roofing, Inc at a total cost of be charged to Account No 31-603-800-862 C Ilotion that the $50,000 oesignated in Cilpital Fund 44th Avenue Beautification should be renesignated for city-wide beautification The Arborist Board shouln be charged with specific recommendations on how best to use the funds D flotion to approve the Transfer of Ownership for Ganatos, Inc dba Jolly Jacks Liquor, 4141 Yiplinq street, vlheat r,idqe, a Class D - Liquor Store License; the Corporation to consist of Gerald C Ganatos and Della A Walters E Resolution nn3 - authorizing the lIayor to siqn the intergovernmental aqreement entitled reouest for payment and certification of use of Funds for the roof replacement. on the bricy museum located in the i"lhea t Ridge Historical Pary i1r Dnvis asyed to pull item C Phil l~dwaros, 1l2')7 i.J 4L1 th Ave , was sworn in by the Mayor and spoke aqainst redesignation Plichael Triantafellou, l2151 W 44th Ave, also spo}e against redesignation Discussion followed Ilotion by I1r Davis to approve Items A P D E seconded by /Irs Snow carried 8-0 1'1r Davis stdte<l he will be voting no on i tef!1 C because he doesn't feel $5n,Oon would even scrntch the surface on revitalizinq 44th Avenue nnd even more, $50,000 will not scratch the surface on city-wide beautification program 11r Merkl stated he will be voting no basically for the same reasons Mr Davis is votinq No plus $50,000 is seed money and they have a committee workinq on it and at least it's a start 110tion by 11r Ilerkl to leave tlle CITY COUNCIL MINUTES Pebruary 27, 1984 Page -9- $50,000 designated In the Capital Pund for 44th Avenue; seconded by fIr Davis Mrs Snow stated she will be voting No because she feels the Arborist Board should be the one making the recommendations Also there will be trouble gettinq votes; hates to see someone waste their time and go to all this work and not have the money allocated carried 3-5 with Councilmembers Davis, Hobbs, and Merkl voting yes Ilotion by Mrs Snow for Item C and stnted City Council would be receptive to recommendations from West 44th Avenue Revitalization Committee and consideration of future funds, funds during the 1985 budget to augment this fund; seconded by Mr Wilde; Pailed 4-4 with Councilmembers Davis, Hobbs, Keller, and Merkl voting No Mrs Keller stated she made a mistake reaoing the motion from the packet and thought they were voting on it instead of the one Mr rlerkl had before them She voted in error the first time and wanted to say publicly she was sorry CITY ATTORNEY'S MATTERS John Hayes stated that due to the lateness of the hour Item 13 tonight was as close as we've come to a bad situation He will put it in writing l1eeting adjourned at 1 20 a m w2f~c~f;';1