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Home My WebLink About12/15/1980 COL ~QO '1.'ne City Council ,'leetingNas convenecl by thelayot- at 7 3u 1" OR. Councilmembers present Pat Aiello, Ae~t Davis, Ken Lewis, Larry Merkl, ,!nd Kay Ore 1ary Jo Cavarra and Louise Turner areived at 7 3') p m Also present City Clerk, Carol ;Jampf; City 'rreasurer, Ja'11es Ialone; Litv Administrator, ~om Palmer; Lity Attorney, John Hayes; Department Heads fluqh drown, Charles Stromberg, and hodger Young; staff; awl interested citizens D_~c:~.1Tl~~ ~~,_1.98o. LIlY COUNCIL MINUfES L~'.cX__~F__<l!.~El\.'J:~ _RI_j)Gt, C!2LQ~~!2l,> Lity Clerk stated that ~n Minutes of December e, 1980, under Item 2 the word "chairman" should lJe d(>leter:l ~Iotion by ~E___r:,~_\':.is for the approval ot tnelinutes as changed; secon-1ed by Irs Ore; carried 5-0 PU13LIL LUi\I:'ILUT Lillian Fleming, 6363 W 29th Ave, spoKe, urging Council again to consI2rer-the-purchase ot parK land east of Vance Street --- - ------- __.~_'__m_ _ __n_.~ _,___ ___.________"_ ___________ ________.. __ _______.__.___ PUBLIL liLARING~ AND ORDINANLES u~ SECOND HEADING Item 1 Council Bill No 47 - An ordinance amending Appendix ~, Zoning Ordinance ot the Code of the City of ~heat Ridge, Colorado, by adding Section 11 1, Residential Three - ~lderly (H-3E) Zone District Louncil dill was introduced on second reading by 1"lr 'lerKl; title read oy the Llerk 1r Davis requested from Council to abstain from voting; approved lJy the--;-members present; and he left the rOOL1 tor this item I'hose speakers appearing in favor of the oriinance were Ralph Obitts, 6340,~ 3eth Ave , Jerry r1<?_[1r~~, 2020 Stacy Drive, and ~_Lalr~~;r~~ir~E; 4U45 Field Drive, (Exhibit A, Lxtended Required Rent Revenue) Letter had also been received from Colorado National ~ortgage Company that was requested to be read (Exhibit B) Those speaking in opposition were Arthur Butler, 9625 W 3bth Ave (Petition-Exhibit 1); Nancy Snow, fff55-~'-4(ITh Ave; H~~.J:'._~ylund, 10095 .~ 34th i'\venue; ~~n Chast-~i_~~, 3250 Marshall Street; Dougal Graham, 333U Chase, representinq Area 4 Planning Committee; (sugye-sted-amendments to the Urdinance No 2);~~_ F'lasco, 4440 Reed Street; (two petitions -No 3); Pat Killian, 37U4 union-Court; Barbara Amori, 4235 Vivian Street; (6petitions -No 4); Loretta [1'1 CampbelI~2939 -Chase Street; Barbara Brockman, 11715 "~ 33rd Place ;--Ed---Steussie; 627 ':> ~ 35th (5 peti tions::-U(~5);Janice 'fhofl1pson, 122UU d---;r4th--,'lotion by i'lr I.IerKl for the adoption ot- Ordlnan-ce-4}2on second reading and order i~publishen; secJnded oy Ir Aiello Motions to amenJ were l) 'lr i'lerKl - to delete under B the words "and home occupations"; seconded by ilr Aiello; carried 6-0 2) by Mr .lerKl- under E PAHKlNG - to delete the words "1 5 spaces for all 3 beoroom or larger d\velling units" and under A 1 to read "11ulti-unit elderly housing ot 1 and 2 oed room units"; seconded by Me Lewis; carried 4-2, with 1rs Cavarra and ~rs ~urner voting No ~rs Cavarra stating there could be a need for 3-bedroom units for those people sharing apartments to reduce costs 3) oy Mr Lewis - under 0 SIfE PLAN 4 - to delete allot 4 which read "For developments which include Duildings over 35 teet in height" and also under C HEIGHT REGULArIONS - to delete the ,vords "unless after approval of a site plan as required herein, the maximum height may be fifty (5J) feet " seconde(1 by Mrs Turner; Failed 3-3, with Councilmembers Merkl, Aiello, and Ore voting No 4) by Mr Aiello - under STATEMENT OF INTENf - to change the second sentence to read "Multi-unit elderly housing applies to developments which are exclusively devoted to the housing of elderly persons wherein all of the residents must De at least 62 years or olrJer"; seconded by lr Lewis; carried 4-2, with 1rs Ore and Mrs Turner voting No 5) by Mr Lewis- under A USE REGuLA~IuNS - to delete entire Section 2 regarding service commercial within the complex; seconded by Mr Aiello; carrieo 4-2, with 1r Merkl and Irs Lavarra voting No Mr Merkl made a statement that he had introduced this urdinance ailning to bring in some protection for the citizens, out it had oeen changed to where it no longer follovled his intent and therefore he move:J to Table the urdinance indefinitely; seconded by Mrs Ore; carried 4-2, with Mr Lewis and Mr Aiello voting i~o LIft LUUNCIL rlIJUrE~ Item L December 15, 1980 Page -2- Application by Kunz & Barber for approval of pinal Development Plan for PCD, 4000 Youngfield (Case No WZ-BO-19) !jr Stromber] gave the staff comments L~~_1\unz and Qa~~__~.3_~Der, 11445 W 4dth Ave , were present as applicants ~oti0n by Mr Lewis that Case Do \ri'Z-80-19, a request for approval of a Final Developmel1t Plan, be approved for the following reasons Planning Commission recommended approval, the Final Development Plan is consistent ~ith the approved Prelimi 1ary Plan, and all zoning requirements have been met; s~conded by 11r Davis; carried 5-2, with Mrs Turner and 1rs Cavarra voting No, statin'] tilat it is not consistent with development and uses in the neighborhood, and that the plan does not restrict the amount of warehouse use I tern 3 Council Bill No 4::, - '\n ordinance providinq for the approval of rezoning from Restricted COTmnercial (~-C) to Commercial One (e-l) for land located at approximately 305U Youngfield Street, City of wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-BO-30) council Bill was introduced on second reading by Mr Davis; title reaj by the Clerk, and the statf comments given uy I/Ir ~tromberg Jack Levine, 1777 S Harrison, Attorney, and Robert A Martensen, #1 Skyline Drive-;" were present for the applicants -Motlc)n-5yi1~Davis that \.-ouncil Bill 45 (urdinance 432) , a request for a c-hanqe~OT-zone from Kestricted Commercial to Commercial One, be approved striking Section 2 "Conditions" in its entirety and for the following reasons Planning Lommission recommends approval, the property would be brought into conformance with the zoning ordinance, the property is screened from adjacent residential use, the location of the property appears to be a logical site for a service station, is consistent with the Comprehensive Plan; seconded by f'1r Lewis; carried 5-2, with i1rs i'urner and Mrs Lavarra voting No, stating that C-l is premature, they can use the zoning tor 7 years, the current zoning is compatible with the Comprehensive Plan, the current zoning is less incompatible to the north and compatible wi th those to the south and they could go to the Board of Adjustment for a variance Item 4 Application by Ochs Bros , Special Use Permit, Service Station (Lase SUP-80-7) 305U Youngfield Information on the previous case was requested to be incorporated into this case Motion by Mr Merkl that Case No SUP-80-7, a request to allow the operation ofa--service station in a Commercial One District, De approved for the following reasons The site appears to be a logical location for a service station, there would be no increase in the impact on residences north of the property, the property would come into conformance with the zoning ordinance, and Planning Commission recommends approval; seconded by Mr Aiello; carried 7-0 Item 5 ORDINANCES ON FIRST READING Council Bill No 52 - An ordinance repealing and reenactinq Section 29 of Appendix A of the Code of Laws of the City of ~heat Ridge relating to the time in which to resubmit previously denied application Louncil Bill was introduced on first reading by Mrs Ore; title read by the Clerk Hotion by .Mr~_ Ore that Council Bill 52 be approved on first reading and ordered published; the Public Hearing be set for :'10nday, January 19, 1981 at 7 30 P m in City Council Chambers, Municipal Building and that if approved on second reading taKe effect 1 day after final publication; seconded by Mr Aiello; carried 7-0 Item t> Council 3ill No ::,3 - An ordinance providing for the approval of rezoning from Agricultural-Two (A-2) and Industrial (I) to Industrial (I), and approval of a preliminary Development Plan on lanj located at approximately 12200 W 52nd Avenue, City of .Jheat Rid<Je, County of Jefterson, State ot Colorado (Case No dZ-BO-29) Council sill was introduced by Mr Aiello; title read by the Clerk dotion by rlr Aiello that Council Bill 53 be approved on first readin'l and orderedpU5TIshe"d; that a Public Hedrin) be set for '10nday, January 1'), 19B1 at 7 3U ~ m in Lity Council Lhalnbers, Municipal Building and tnat it apPLoved on second reading take eftect 1 day after final pUblication; seconded by ~rs ure; carried 7-0 CITY CUUNCIG MI~UES ~ecember 15, 1980 Page -3- Item 7 Louncil Bill Uo 54 - An ordinance providing tor the approval of rezoning trom Residential-Two (R-2) to ~estricted Commercial One (RC-l) with conditions for land located at approximately 12600 West 32nd ~venue, City of ~heat Ridge, County of Jetferson, State of Colorado (Case No WZ-80-32) ~ouncil Bill was introduced by Mrs Ore; title read by the Clerk Motion by 1rs Ore that Council Bill 54 be approved on first reading and orjered publishe-d; that a Public Hearing be set for ;\\ondav, January 19, 1981 at 7 3U P m in City Council Chambers, 1unicipal Building and that if approved on second reading taKe effect 1 day after final publication; seconded oy Mr Aiello; carried 6-1, Mr Davis voting No DLLISI01~S L-RESOLUTI01>lS, AND r10'I'ION~ Item 8 Resolution No 724 - Rescinding Resolution No 543, Series of 1977, and re-estanlishing a policy and criteria for the consideration of requests for Industrial hevenue Bond Financing and for the issuance of such bonds by the City ot "heat Ri::Jge and related matters thereto l"\nthonLB..._Jl~~.c:::~, 4440 Reed Street, spoke and asked 1) who would be responsible if the company bonded were to default City Attorney said it was his understanding that the City bears no financial liability 2) ~here the line would be drawn on various projects ~ttorney said it would De determined on a case by case basis Motion by Mr Merkl for the adoption of Resolution 724; seconded by Mrs Ore; carried 5-1, with Mrs rurner voting No, Mr Davis abstaining Motion by Mrs Ore to dispense with the rules of procedure ~n order to continue past 11 00 pm; seconded by Mr Aiello; carried 6-0 Item ':J Additional six-month extension ot Coors Greenbelt Lease (to 6/16/81) (~illiam Roby) Motion by Mrs Cavarra that Lease Agreement-(with Coors six months; seconded by Mrs City Council authorize the layor to sign the regarding the Greenbelt) for an additional Ore; carried 7-0 Item 10 ~onsent Agenda a) Award of bid to supply sand & sal t m~x for 1981 (Ralph Martinez) (postponed from 12/3/80) b) Resolution No 725 - authorizing the establishment of a permanent emergency fund and setting forth guidelines for the expenditure of such funds and rescinding Resolution No 620, Series of 1978 c) rlpproval of continuance of microfilming police records with the Division of Central Services, State of Colorado el) Authorization tJ expend $4,050 for repair of Skyworker bucket truck and authorize Attorney to recover said expenditure from vendor e) ~warj of bid to rewire the Beroert House - to bring the ~iring up to Code for a Public Building [) Resolution 726 - expressing support of the concept of the Green Survival City Campaign as outlined by the City Arborist, and further expressing support ot the specific goals for this campa~gn g) Amendment to Agreement dtd 1/3/80 between John E Hayes and Lity of ~heat Ridge '1otion by Mr Mer~l for the adoption of the Consent agenda as printed; seconded by-Hrs --Cavarra; carried 6-1, wi th r'1r Lewis voting 1<0 LIiY ADMINISTRATOR'S MATTERS l1~_Palmer announced the Lena Gulch Schedule I ground breaking for 11 00 a ill ~ednesday, December 17, 1980 CIi'Y COUNCIL MI~UT~S December 15, 19~0 Page -4- CITY ATTOR~~Y'S MAi'TERS Five candidates have been interviewed tor Municipal Court prosecutor Kan~~!~~__Davis has been selected Regarding the Cable Television franchise -in Cortez a court case is presently under way in which it is alleged that the permit is in reality a franchise and had been granteo wi thout an election de recommended that 'i'heat Rid'je hold oft until the case is resolved LOU~CILM~MaERb' MATT~RS f'l~f:.ewis asked Planning Commission to look into makin'l serv~ce stations a legal use in Restricted Commercial Mrs rurner requested information from staff (planning J)ivisi~n) of a breakdownoy percentage of land in the City of dheat Ridqe that is designated to go into the specific intent uses o[ commercial, industrial, and high density BOAKDS AND LOMMISSIONS' MATTERS I tern 11 Appointments to Planning Commission District IV, and Arborist Board, District III Motion by Mrs Ore to appoint Cal Johnson, District IV to the Planning Cornmission;term expiring 3/2/84; seconded by Mr A.iellJ; carried 7-0 Motion by Mrs Turner to appoint Kenneth Hazel to the Arborist Board; term to expire 3/2/83; seconded by i'Irs Cavarra; carried 7-0 Meeting adjourned at 11 30 P m , ~, ....~_~__'-----~_..J..._~_____.-:.--_____:::..: -(.. /,.) ~~, <.;'/ Larol F HampE, City q1erK LF'.J; chj; Ar'i'ES'i'