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HomeMy WebLinkAbout11/10/1980 CITY OF 'rJHEA'r RIDGE, COLORADO CITY COUNCIL MINUTES November 10, 1980 The November 10, 1980 City Council Meeting was convened by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Bill Bowman, Mary Jo Lavarra, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise F Turner Also present City Clerk, Carol Hampf; City Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Richard Bredt, Hugh Brown, Gary Diede, and lharles Stromberg; staff and interested citizens A.PPROVAL OF MINUTES Motion by Mrs Ore for the approval of the Minutes ot October 27 and November 3, 19~U; seconded by Mr Aiello; carried 8-0 PUBLIC COMNENT Nora Pace, 7405 Ralston Road, Arvada, a realtor, said that she had a client interested in sel1ing wood from a vacant 10t at 41st and Kipling and would Council grant that She was advised that she should come in and talk to staff regarding zoning PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Second Hearing on Community Development Block Grant a) General Overview and Public Input b) Resolution No 723 - A Resolution approving the submission of a grant preapplication for a water system project to the department of Housing and Urban Development (HUD) under the small cities program of the Community Development Block Grant (CDBG) Mr Stromberg gave the general overview at this second public hearing and also stated that minor editorial change in the preapplication form had been asked for by DRCOG and would be taken care of Richard Berry, 2825 Fenton, was sworn in and indicated that there was one additional short waterline that was not on the map It was drawn in He reported that there are a number of people present in support of the project and he was speaking in their behalf Mayor Stites said that the City is only trying to facilitate bringing these lines up to standard and then they wil1 be taken into the Wheat Ridge Water District Mr MerKl thanked Mr Berry and all the citizens in the area for their help Resolution was introduced by Mr Merkl, numbered 723, and the title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 723 and have it posted; seconded by Mr Aiello; carried 8-0 Item 2 Council Bill No 39 - An Ordinance providing for the approval of a zoning map correction for parcel 1 from Agricul tural One (A-I) and Agricul tural 'rwo (A-2) to Agricultural One (A-I) and a zoning map correction for parcel 2 from no zoning to Agricultural Two (A-2) for land located at approximately the intersection of Vivian Street (ext ) and West 41st Avenue (ext ) Council Bill No 39 was introduced on second reading by Mr Bowman; title read by the Clerk Mr Stromberg indicated that parcell should have been Agricultural One, but through a drafting error was being shown as partially Agricultural One and partially Agricultural Two Parcel 2 had been left out of the previous zoning map and must be included 'rhis was also caused by drafting problems Motion by Mr Bowman that Council Bill No 39 (Ordinance No 426) be approved on second reading for the following reasons 1 The current 1 500 scale Offical Zoning Map incorrectly displays the zoning on the subject parcel 2 There was apparently a drafting error 3 The original zoning of Agricultural Two and zoning of Agricultural One as per Case No WZ-77-01 should be displayed; seconded by Mrs Ore; carried 8-0 CITY COUNCIL MINUTE~ November 10, 1980 Page -2- Item 3 Council Bill No 40 - An Ordinance providing for the approval of rezoning from Restricted Commercial (R-C) to Commercial One (C-l) for land located at approximately 7320 West 44th Avenue, City of ~heat Ridge, County of Jefferson, State of Colorado Council 8ill No 40 was introduced on second reading by Mrs Ore; title read by the Clerk Mr Dean Powell was present on behalf of the applicant He presented a power of attorney After questioning Mr Powel1, City Attorney Hayes stated that the power of attorney was 0 k The purpose of the rezoning was in order to bring the present legal non-conforming use into conforming zoning and use Motion by Mrs Ore that Council Bill 40 (Ordinance 427) be approved for the fol1owing reasons Commercial One zoning is compatible with surrounding land uses and zoning, the Commercial One zoning conforms to the Comprehensive Plan, and Planning Commission recommends approval; seconded by Mr Davis; carried 7-1, with Mrs Turner voting No Mrs Turner stated the reason she was voting no was 1) the existing zoning is compatible with the Comprehensive Plan, and 2) the existing use can continue for many years before it is threatened Several years down the road if the current non-conforming provision is the same and the use is stilI desired to be continued at that time, a request for rezoning would be appropriate Item 4 Application by D W Roth of Sileo Oil Company for approval of a Special Use Permit to allow the operation of a service station in a Commercial One District on property located at 7320 West 44th Avenue, Wheat Ridge, Colorado (Case No SUP-SO-6) Mr Stromberg stated that this Special Use Permit is in conjunction with the case just heard, and asked that the testimony given in the case be carried forward It was agreed Purpose stated was to make the gas station conforming with the Zoning Ordinance It was asked if there is any zoning that gas stations can be in without a Special Use Permit It was answered No, that all gas stations require a Special Use Permit ~otion by Mr Davis that Case No SUP-SO-6, which provides for approval of a Special Use Permit to allow the operation of a service station in a Commercial One District, be approved for the following reasons A service station use is compatible with surrounding uses, the Special Use Permit would bring the property into conformance with the zoning ordinance, and Planning Commission recommends approval; seconded by Mr Lewis; carried H-O Item 5 Application by D W Roth of Sileo Oil Company for approval of a Special Use Permit to allow the operation of a service station in a Commercial One District on property located at 4900 Kipling, Wheat Ridge, Colorado (Case No SUP-SO-5) f1r Stromberg said that this special use permit was to go with the zoning recently approved by City Council and is also for a gas station Present documents were entered into the record as well as those involved with the previous public hearing rezoning this property IQotion by Mrs Ore that Case No SUP-SO-5, which provides for approval of i Special Use Permit to allow operation of a Service Station in a Commercial One Zone, be approved for the following reasons Approval of a Special Use Permit would bring an existing non-conforming use into conformity with the zoning ordinance, a service station would be compatible with the 1-70 interchange and surrounding uses, and Planning Commission recommends approval; seconded by Mr Lewis; carried 8-0 CIrY COUNCIL MINUTES November 10, 1980 Page -3- Item 6 Application by Clete Donahue for approval of a Preliminary Development Plan in an Industrial District on property located at approximately 4980 Van Gordon, riheat Ridge, Colorado (Case No flZ-80-15) Mr Stromberg entered the documents into the record and showed slides He stated that this was previously heard as Case No MS-77-10 He indicated that 49th Avenue needs to be extended to the presently dedicated right-of-way in order that property to the east may be serviced He also said that there is no physical evidence of what specific subdivision plat was passed by City Council in 1978, as it appears not to have been recorded Discussion then ensued regarding locating the plat and the Case file from the previous case Mr Stromberg said there is a plat but since it apparently was not recorded he is not sure that it is the one that was discussed that night He also said he believed there is a case file, but did not know for sure, as he had not personally worked on the case Motion by Mr Merkl to postpone the hearing and direct staff to check everywhere in the City for the Outline Development Plan, and when the hearing is reheard, the member of staff who works on the case, be present; seconded by Mr Davis Request to calI for the question carried 6-2, with Mr Aiello and Mr Lewis voting No Motion carried 6-2, with Mr Aiello and Mr Lewis voting No Mrs Cavarra requested that there also be a report on what happened in the concurrent Case WZ-77-31, and also that a more complete plan of the area be presented in order to determine Street planning Item 7 Council Bill No 41 - An Ordinance amending Sections 9, 10, 11, 27 1 and 28, of Appendix A, zoning Ordinance of the Code of the City of Wheat Ridge, Colorado, which amendment relates to multiunit elderly housing Mr Davis requested to abstain for the reasons given in previous hearings and approved by Council Council Bill 41 was introduced on second reading by Mr Aiello; title read by the Clerk Three people spoke in opposition Mr Dan Wilde, 3596 Ingalls, Dougal Graham, 3330 Chase Street, and Ed Stuessie, 6275 West 35th Ave Their concerns included 1) the 5 parking spaces provided as being inadequate in a time when more older people are driving, especially women 2) That there is a provision for the 3+ bedrooms as being impractable for the elderly 3) If the ordinance passed would the existing multi-unit elderly housing, i e Highland West, be al10wed to adjust their parking spaces 4) If the need for elderly housing becomes less in the area in the future, could a development developed under this ordinance, be changed into a family dwelling, and if so, what would happen with the parking ratio 5) If there is inadequate parking at the location, wouldn't there be parking on the streets adding to the congestion 6) with the present parking allotment, should there be visitor's parking to allow for holiday visitors 7) A large parking ratio, but not required to be made into a parking lot, and more landscaping; then if there were changes in the future, there would be space to add parking Council responses included that a survey had indicated that in other multi-unit elderly housings 5 appeared to be adequate; that provisions need to be made in case someone wishes to build a three-bedroom unit; that if the space requirements were met parking could be adjusted at present multi-unit elderly housing; that such units could not be changed into a family dwelling without coming to Council requesting a change to a non-conforming use; that the parking requirements could remain the same as for other multi-units and the additional space be used for landscaping; and that there could be a possibility of including visitor's parking The speakers also indicated that they are not anti-elderly or against the building of units for the elderly, but are only concerned with the things that were brought out CITY COUNCIL MINUTES November 10, 1980 Page -4- Mr Merkl brought up that he had been recommending that rather than this ordinance, that multi-unit elderly housing should be a separate zoning classification, that would take care of some of these problems Motion by Mr Merkl to postpone this second reading and pUblic hearing until such time as a second reading of the proposed ordinance as forwarded to Council from Planning Commission, that is December 15 Seconded by Mr Lewis; Failed 3-4, with Councilmembers Aiello, Bowman, Ore, and Turner voting No Motion by Mr Aiel10 to move for the adoption of Council Bill 41; seconded by Mr Bowman; Mrs Ore stating she was voting No because ot the age requirement in the Ordinance Mrs Turner stated she was voting no for al1 those reasons brought out by the citizens Mr Merkl voting No because of the reasons he had previously stated regarding a separate zoning classification Mrs Cavarra also indicated she was voting No At this time Mr Lewis moved to amend Section 27 1 to delete the 1 0 parking spaces per 3 or more bedroom units; seconded by Mr Aiello; carried 5-2, with Mrs Cavarra and Mr Merkl voting No There was a call for the question which was defeated 3-4, with Mr Aiello, Mr Lewis, Mr Bowman, and Mrs Ore voting No Discussion brought up by Mr Hayes that by deleting the parking for the three-bedroom units there would be no parking requirements for that size unit Motion by Mr Aiello to rescind the amendment on three-bedroom parking; seconded by Mr Lewis; carried 6-1, with Mr Merkl voting No Original Motion by Mr Aiello failed 1-6, with Mr Aiel10 the only yes vote Motion by Mr Lewis to prepare the Ordinance as forwarded from Planning Commission and be placed on a future agenda; seconded by Mr Merkl; carried b-l, with Mrs Turner voting No Mr Davis left the room following his request for abstention; therefore all votes included only 7 Councilmembers present ORDINANcES ON FIRST READING Item 8 Council Bil1 No 43 - An Ordinance repealing Ordinance No 372, Series of 1979; providing for classifications, pay ranges and pay grades, providing for implementation January 1, 1981 Council Bil1 No 43 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 43 be approved on first reading; ordered published; that public hearing be set for Monday, December 8, 1980, at 7 30 P m in City Council Chambers, Municipal Building, if approved on second reading, take effect on January 1, 1981, with the amendment that in Section IV the sentence be changed to read "this Ordinance shal1 be effective January 1, 1981 and upon becoming effective, shall supercede Ordinance 372"; seconded by Mr Bowman; carried 7-1, with Mr Davis voting No Item 9 Council Bil1 No 44 - An Ordinance repealing Section 1-7 1 of the Code of Laws of the City of Wheat Ridge and amending the Code of Laws of the City of Wheat Ridge by adding thereto Section 2-14 1 through 2-14 5 inclusive codifying the duties and authority of Code Enforcement Officers, providing a system for the abatement of ordinance violations, and providing for enforcement of the Code of Laws of the City of wheat Ridge and providing penalties for violation thereof Council Bill No 44 was introduced on first reading by Mr Aiel10; title read by the Clerk Motion by Mr Aiel10 that Council ail1 44 be approved on first reading and ordered published; that a Public Hearing be set for Monday, November 24, 1980, at 7 30 P m in City Council Chambers, Municipal Building; and if approved on second reading take effect 15 days after final publication; seconded by Mrs Ore; carried 8-0 CITY COUNCIL MINUTES November 10, 1980 Page -5- DECISIONS, RESOLUTIONS, AND MOTIONS Item 10 Motion to approve Change Order #4 - Wheat Ridge Muncipal Swimming Pool It was asked why this change order was coming up Mr Bredt said that it was brought about by the hail storm last July that proved the need for scuppers and also caused the damage to the ceiling Council discussion involved bringing this cost to (1) the insurance company; (2) the architect for faulty design It was brought out that this can be done but we do need to make the repairs and then pursue reimbursement Amended motion that Change Order No 4 for Project MSP-IA be approved and signed by the Mayor for the sum of $1599 00 to be charged to Account No 31-603-00-00-800-880 with the amendment that City Council finds there was a design error and authorizes the City Attorney to pursue reimbursement from the architect Original motion by Mr Merkl; seconded by Mr Aiel10 Amendment by Mrs Cavarra; seconded by Mr Lewis Amendment carried 8-0 Motion as amended carried 8-0 Mrs Cavarra stated that it was her intent that if the City Attorney finds real reason not to pursue the reimbursement, he will come back to City Council with such information Item 11 Motion to set Public Hearing date for reconsideration of Ordinance No 425, as amended Motion by Mrs Turner that a Public Hearing to rehear No 425 be held on November 24, 1980; seconded by Mr carried 6-2 with Mr Bowman and Mr Merkl voting no Ordinance Davis; Item 12 Motion to proceed with engineering design of West 26 th Avenue and Hest 44th Avenue street projects Susan Manigold, 6665 West 26th, spoke her concerns that (1) does this engineering study mean that the street will be widened and they will go ahead, or wi 11 there be a public hearing before something is done Mr Stites said that this is for engineering design and there wil1 be public hearing before construction begins; (2) She also said that there is an irrigation ditch that runs down 26th and she would like it to be continued and not covered up with the street or with curbing Council concerns were with going out and getting final design engineering and spending the money when it does not appear there are funds to do the job Mr Bowman said that he was only asking, that we had asked for and received qualifications from several companies on this, and he was only asking for the City Administrator and Public Works Director to interview these and narrow them down to a half dozen or so Motion by Mr Bowman that the City proceed with the engineering design of (1) the West 26th Avenue Project between Sheridan and pierce Street in conjunction with the City of Edgewater, and (2) Phase I, Clear Creek to Kipling section of west 44th Avenue, preceded by a preliminary engineering review of drainage and right-Of-way 10cation for the entire West 44th Avenue project to insure proper design of the Phase I section, and that staff give Council a recommendation as to engineering firm or firms on both projects Also that the City look into all possibilities of the West 26th Avenue project being done in-house and come back to Council with an in-house proposal Motion carried 7-1 with Mrs Turner voting no, for reasons that include the design standards of 44 foot width curb to curb, including curb and gutter when people would like it lett out Also, the added expense instead of simply resurracing the present street CITY COUNCIL MINUTES November 10, 1980 Page -6- Item 13 Award of bid on 32nd Avenue culvert entrance improvement (Lena Gulch south of bridge) Motion by Mr Davis that we (1) award the Lena Gulch 32nd Avenue Culvert Entrance Improvement Project to Winslow Construction Company for the bid amount of $44,450 00; (2) that an additional $8,7UU be charged to Account 31-302-800-833 as Wheat Ridge's Share of the total cost of the Project to be added to the special fund held by the Urban Drainage and Flood Control District previously authorized by City Council in Agreement No 79-6 10 dated July 27, 1979; and (3) the Director of Public vJorks be authorized to sign any changes to the contract within the limits of the funds available on behalf of the City; seconded by Mrs Ore; carried 6-2 with Mrs Cavarra and Mr Lewis voting no, indicating that the City had wished to do this project several years ago and the people involved at that time did not wish it and now they do and it is costing a considerably larger amount of money 1AYOR'S MATTERS Mayor Stites announced that we have only one more zoning map discrepancy case and then several new quarter section zoning maps to be adopted CITY ATTORNEY'S MATTERS The City Attorney advised Council that he expects to request an Exectuive Session next week to discuss current matters of litigation COUNCILMEMBERS' MATT~RS Mr Lewis said that the State Highway Department had used 47th west of Harlan extensively with trucks throughout the summer and would like it 100ked into to see if the State would repair the street Mr Davis asked Mr Palmer to look into the operation of the school light at 44th and Yarrow; that it 1S being poorly operated by students and is very dangerous Mrs Turner requested that before we act on the Pay Ordinance, that staff prepare a chart of all pay adjustments during 1979 and 198U which would show monthly and annual salaries, percent of increase from previous times, in order to understand what has been spent and what is asked for She would also like a report from the Personnel Commission brought back to Council personally Item 14 Motion to amend Council Rules of Order and Procedure as pertains to election of Mayor pro tern and Council President Motion by Mrs Ore to amend Section 7 concerning Mayor Pro tern and Council President, Charter Section 3 3 to read, "Term may be for one or two years duration at the discretion of Council Election shal1 be at the first regularly scheduled meeting of the newly elected Councilmembers or prior to the start of the second year of the Council term The election was for one year only Election shall be by secret ballot, following nomination by councilmembers"; seconded by Mr Bowman; carried 7-1 with Mrs Turner voting no stating that she does not have any particular objection to this particular one but feels the Rules have been amended so much that they are becoming a joke Mrs Ore indicated that the sentence "Until one person has received a majority of all votes of Council, successive bal10ts will be taken" was intended to be retained in the Rules CITY COUNCIL MINUTES November 10, 1980 Page -7- COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS Item 15 Appointments to Board of A.djustment, Planning Commission, Mass Transit Committee, and PoI ice Advisory Committee Motion by Mr Merkl to appoint Jerry Sang, 3620 Pierce Street, Wheat Ridge, as an alternate to the Board of A.djustment, term to expire 3/2/83; seconded by Mr Aiello; carried 7-1 with Mrs Turner voting no Mrs Turner moved to appoint Ben Chastain to the Board of Adjustment It was brought up that there are no further openings in District I, however she felt that Mr Reynolds' term from District IV, would carry through until 1982 rlr dayes said that in Ordinance 425 it had been the intent to even out all appointments and with this new appointment in District I there are no further appointments available in that District at this time Motion by Mrs Ore to appoint Ray L Griffith Jr from 4395 Everett to the Board of Adjustment as an alternate; term expiring 3/2/84; seconded by Hr Bowman; carried 8-0 r10tion Police by Mr by Mr Aiello to appoint Advisory Committee; term Merkl; carried 8-0 Robert B Granel1 to the exp~r~ng 8/25/81; seconded Motion by Mr Lewis to appoint from District II to the Police Advisory Committee Damon Swisher, 4685 pierce Street; term to expire 8/25/81; seconded by Mr Davis; carried 8-0 Motion by Mrs rurner to adjourn; seconded by Mrs Cavarra; Failed 2-6, with Mrs Cavarra and Mrs Turner the yes votes Motion by Mr Lewis to reappoint Mike Boorman to the Board of Adjustment; seconded by Mr Aiel10 Botion carried 6-2, with Mrs Cavarra and Brs Turner votinq No Mrs Cavarra stated that the party has not adequately reflected the views of District III, also has been on the board for severa 1 years and her intent was to advertise and see who else in the District was interested However, when appointments are a foregone conclusion, did not want people to go through the exercise of applying and then the present appointee be reappointed Regarding the application to the Planning Commission it was stated by several members of Council they felt it not good to appoint people from the same family to such closely related committees Meeting was adjourned at 11 05 P m / ? ~ / - - / , P/ / C.? . / <~ t;-L- -r~t7 ~ ~G-'" . /./ Kt/, Carol F Hampf, Cityk CFB; fg;chj; APPROVED