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HomeMy WebLinkAbout11/24/1980 CITY COUNCIL MINUTES CI'f~OF wHEAT RIDGE, COLORADO November 24, 1980 The November 24, 1980 City Council Meeting was convened by the Mayor at 7 30 P m Councilmembers present Pat Aiello, Bill Bowman, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Turner Mary Jo Cavarra arrived at the end of Item 3 Also present City Llerk, Carol Hampf; City Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Hugh Brown, and Charles Stromberg; staff; and interested citizens APPROVAL OF MINUTES Motion by Mrs Ore for the approval of the Minutes of November 17, 1980; seconded by Mr Davis; carried 7-0, with Mrs Turner's request to check the tapes as regards to her statements under Councilmembers' Matters and Item 4 Under Item 4 the sentence should read "Mrs Turner asked the City Attorney to review the Council Rules of Procedure and Ordinance 425, to see if either or both were violated in the Board of Adjustment appointment to District I last week" becond paragraph from the end of the Minutes the request for comparison of salaries was pertaining to the Police Department only; and the second sentence should read "She would like to have a ratio between Patrolmen and Detectives from Wheat Ridge and the other comparable cities" PUBLIC COt1HENf Beverly Kinard, 8143 Routt St , spoke her thanks to the City Council from the Jefferson County Task Force on Youth and Drugs for their previous contribution of $1000 and reported the many uses that the money had been put to Succeeding discusssion indicated a connection between this and item 9 of the agenda, and therefore Item 9 was moved up Jane Hulek, 3307 Teller St , and Odell Booker, 8300 N Sheridan, of PDAP, both spoke in support of any effort to work toward the abatement of Drug and Alcohol abuse Motion by Mrs Ore that 1heat Ridge pledge their full support and cooperation to the Jeftco Task Force on Youth and Drugs; seconded by Mr Aiello; carried 7-0 PUBLIC HEARINGb AND ORDINANCES ON SECOND READING Item 1 Application by B A Development Plan in a (PCD) located at 4940 (Case No WZ-80-8) Wyatt for approval of a Final Planned Commercial Development Ward Road, wheat Ridge, Colorado Mr Stromberg stated there has been no substantial change between the Preliminary Development Plan and this Final Development Plan Robert B Bailey, 198 Union Blvd, Lakewood, Attorney, was present, representing the applicant and to answer any questions fhere were no questions No opposition Public Hearing was closed Motion by Mr Merkl that Case wZ-80-8, a request for approval of a Final Development Plan for a Planned Commercial Development be approved with the condition that no building permit be issued until adequate water flows and pressures to meet Arvada Fire Protection District's requirements are met The reasons for approval are The Final oevelopment Plan is consistant with the Preliminary Plan, Planning Commission recommends approval, and all Zoning and Subdivision Regulations have been met; seconded by Mr Lewis; carried 7-0 Clry COUNCIL MINUTES Item L November 24, 1980 Page -2- Council Bill No 42 - An Ordinance amending Sections 4, 5, 6, 8, 9, 10, 11, 14, and 15 of Appendix A, Zoning Ordinance of the City of Wheat Ridge, Colorado, which amendment relates to Group Somes for the Developmentally Disabled Council Bill 42 was introduced on second reading by Mrs Ore; title read by the Llerk Kevin Moore, Assistant Director of Developmentally Disabled, 4150 S Lowell, Don Munro, Assistant Director of Jefferson County Community Center for Developmentally Disabled, 545 Dover Street, Jane E Sulek, 3307 Teller Street, and George Dickinson, 11280 W 46th Ave , Wheat Ridge, all spoke in favor of the passage of this ordinance and answered questions about homes for Developmentally Disabled Motion by Mrs Ore for the adoption of Council Bill 42 (Ordinance 428) on second reading and order it publ ished; seconded by Mr BOIman il1otion carr ied 7-0 Mrs Turner was concerned about the size of the lot required (12,500 square feet); that could be insufficient space, and moved to amend that the square footage be increased to 16,000 square feet and increase the sideyard and backyard setbacks from 5 feet to 15 feet Motion failed for lack of a second Mr Hayes had stated he saw a problem in this amendment as it could very well eliminate this use from several residential areas that a builder would have to accumulate lots to have enough space Item 3 Council Bill No 44 - An Ordinance repealing Section 1-7 1 of the Lode 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 Section 2-14 5 inclusive, codifying the duties and authority or 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 44 was introduced on second reading by Mr Aiello; title read by the ClerK Motion by Mr Aiello for the adoption of Louncil Bill 44 (Ordinance 429); seconded by Mr Bowman; carried 7-0 Item 4 Ordinance 425 on Rehearing - Repealing and reenacting Section 2-17 of the Code of Laws of the City of Wheat Ridge relating to qualifications of members, appointment and terms of members, removal from commission, and vacancies as they relate to City boards and commissions Ordinance 425 was introduced on Rehearing by Mrs Turner Mrs Turner moved to amend the Ordinance by deleting the sentence "If a regular member of the Board of Adjustment wishes to be reappointed, that person shall be appointed to an alternate position" And the last sentence of paragraph (c) be changed to read "The person who has served as an alternate for the longest period of time shall move to the regular position in the case of a vacancy, provided that each District shall be represented by one regular member at all times" Seconded by Mr Lewis; carried 8-0 Motion by Mrs Turner to adopt the Ordinance as amended; seconded oy Mr Bowman; carried 8-0 Item 5 ORDINANCES ON FIRST READING Council 3ill No 45 - An Ordinance providing for the approval of rezoning from Restricted Commercial (R-C) to Conditional Commercial One (C-l) for land located at approximately 3050 Youngfield Street, City of ~heat Ridge, County of Jefferson, state of Colorado (Tabled from 11/17/80) Motion by Mr Aiello to remove by Mr Davis; carried 8-0 Mr the ite~ from the Taole; seconded Merkl asked to withdraw his LI~i COUNCIL MI~UT~S November 24, 1980 Page -3- amending motion to strike Section 2 from meeting of 11/17/80; this was accepted ~r Davis original Motion from meeting of 11/17/~O was restated with a-necessary change of Public Hearing date as Motion to approve the Ordinance on first reading and set a Public Hearing for Monday, December 15, 1980, at 7 30 p m in City Council Chambers, Municipal Building, and that if approved on second reading, take effect 15 days after final publication with the amendment that the word "conditional" be striken from the Title anj that the first Section of Section 2 be amended to read "that permitted uses within this Zone District for the parcel described above shall be all uses in the current Appendix ~, Section 18; etc" Seconded by Mr Aiello; carried 8-0 Item 6 Council Bill No 46 - An ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of tne City of ~heat Ridge, Colorado, pertaining to Taxation of Telephone Exchanges Louncil Bill 46 was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 46 be approved on first reading and ordered published; that a Public Hearing be set for Monday, December 8, 1980, at 7 30 P m in City Council Lhambers, Municipal Building, and that if approved on second reading, take effect January 1, 1981 after final publication; seconded by Mr Bowman; carried 8-0 Item 7 Louncil Bill No 47 - An Ordinance amending Appendix A, Zoning Ordinance ot the Code of the City of wheat Ridge, Colorado, by adding Section 11 1, Residential rhree - Elderly (R-3E) Zone District Louncil Bill 47 was introduced on first reading by Mr Merkl; title read by the Clerk Mr Davis requested to abstain for the reasons as given previously and approved by Council Amended Motion that Council Bill 47 be approved on first readinq and ordered publ ished; that a Publ ic Hear ing be set for ~10nday, December 15, 1980, at 7 30 P m in City Council Chambers, Municipal Building, and that if approved on second reading, take effect 15 days after final publication with the amendments that 1) Section A be changed to read "A USE REGULA'l'IONS The following uses are allowed 1 Multi-unit elderly housing 2 Service Commercial primarily for the needs of the residents of the complex, completely con- tained within Multi-unit housing building with- out exterior advertising " and 2) Section E 1 be amended to read "1 space for each dwelling unit up to and including the first 12 units, 75 spaces per unit tor 1- and 2-bedroom units, over the first 12 units, 1 5 spaces for all 3-bedroom or larger dwelling units" Original Hotion by Mr i'1erkl; seconded by Mr Aiello; first amendment by Mr Merkl; seconded by Mr Bowman; carried 6 in favor, Mr Lewis voting No, and Mr Davis abstaining Second amendment by Mr Merkl; seconded by ~rs Cavarra; carried 6 in favor; Mr Lewis voting ~o, and Mr Davis abstaining Motion as amended carried 5 in favor; Mr Lewis and Mrs Turner voting No; and Mr Davis abstaining Failed Motions included 1) Motion by Mr Merkl that the Statement of Intent second sentence, be deleted an~ substituted with "multi-unit elderly housing applies to developments which are exclusively devoted to the housing of elderly persons wherein the minimum age for a single person is 62 years of age and for married couples, one person of the couple must be at least 62 years of age and the other person may be no younger than 55 years of age" Seconded by Mrs Ore .1otion Failed 3 in favor, 4 No, Mr Aiello, Mrs Cavarra, Mr Lewis, and Mrs Turner; Mr Davis abstaining 2) Failed motion by Mr 1erkl that the age be a minimum of 62 for all persons; seconded by Mr Lewis; also failed 3-4 No votes were Councilmembers Aiello, Cavarra, Ore, and Turner, with Mr Davis abstaining CITY COUNCIL MINUTES November 24, 1980 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Item e Award of Bid for demolition of the fire house located at 3705 Moore Street Motion by Mr Aiello that we award the fire house demolition to Fletcher Enterprises Inc at a total cost of $8,100 00 to be charged to account No 31-302-833; seconded by Mrs Ore; carried (5-0 CITY ADMINISTRATOR'S MATTERS Mr Palmer reported that 1) the Harlan Street project plans and specs should be ready in mid-December and 2) that we plan to have equipment moved onto the site this week to start Lena r,ulch Schedule I CITY ATTORNEY'S MATTERS Mr Hayes referred to the results from the Court of Appeals on the Applewood Garden Homeowners Association The Ruling had been that residents outside of the City of Wheat Ri1ge did have standing in zoning and platting within the City of Wheat Ridge as opposed to his statement in the case He aSKed Council direction Motion by Mrs Ore to direct the City Attorney to go ahead and ask for a Ruling from the Supreme Court; seconded by Mr Merkl; carried 5-3, with Councilmembers Aiello, Cavarra, and Turner voting No Mr Aiello stating we should leave this for someone else to deal with Mrs Cavarra felt we should leave it alone Mrs Turner believed that everyone should have standing COUNCILMEMBERS' MATTERS Mr Lewis made a statement in opposition to the Federal and State bodies Mandates to Cities and Counties Nrs Ore 1) requested that dheat Ridge City Council meet with Edgewater City Council sometime after the first of the year to discuss items of mutual concern Council disagreed 2) That she had noticed in some of the Commission Meeting ~inutes that there were problems with attendance and getting a quorum She requested that a letter be sent to the chairperson of each commission in this regard 3) That she would be absent December 8 since she would be visiting with her sister in West Virginia Meeting adjourned at 10 03 P m - -~ ~ .- - -- I ~ --.,.. ('/;?Lcrj( _ ~0a?;/j.,' _ Carol F Hampf, City/~ rk CFH; chj; APPROVED