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
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Carol F Hampf, City/~ rk
CFH; chj;
APPROVED