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