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
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Carol F Hampf, Cityk
CFB; fg;chj;
APPROVED