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Home My WebLink About02/23/1981 f' '"-~~ u ~rj7__~~L__.:h9_8:h CITY COUNcIL IINurEb ~~'~~___QK__ ^lJLL,A{r _~rDQ~~_~l~l,Q~~_9_Q The Cit} Council Meeting was convened by the 1ayor at 7 3u p m Councilmembers present Pat ~iello, Jill Bo~nan, 1ary Jo Cavarra, Ken Lewis, Larry Mer~l, Kay Ore, and Louise furner Also present City clerk, Larol Hampf; city Treasurer, James Malone; Lity Administrator, 'Tom Palmer; City Attorney, John Hayes; Department IIeads, Huqh Brown and charles Stromber]; staff; and interested citizens I"lotiort by ~lrs by ,"lr dowman; Jre for approval of Minutes ot February 9, 1981; seconded carried 7-0 PkOCLAlIA1'IOU BY TIle l'lAYOR Proclamation "Give ne Shelter I<eek" February 23 - 28, 1981 was read by the l"layor PUBLIc CUlMENi' Phyllis Kramer, 2715 ienton Street, spoke requestinq three things 1) tha-t-aresOlution be directed to the Colorado Conqressional Deleqation in support of President Reagan's Budget Luts, Tax Cuts, and the 55 mph speed limit; 2) also to the State Legislation and Governor supportinq President Reagan's proposals; and 3) in objection to $5,OUU funding for a neutering and spay clinic, which she feels is the owners' responsibility PUdLIC HEARINGS AND ORDINl\NCES Ol'-l SBLOND Rr,ADHJG Council aill 47 - An Ordinance amending Appendix A, Zoning Ordinance ot the Code of the City ot ~heat Ridge, Colorado, by adding Section II 1 Residential Three - Elderly (R-3E) Zone District Item 1 1r Hayes stated that this is a continuation of a previous hearing and that all matters brought up at the December 15, 1980 meeting are now a part of the record and requested those who had previously spoken to speaK to the amendments only ~ll those present wishing to speak were sworn in The proponents were given an opportunity to speak first and they were, ~@~Ji___Reill-y, 2170 SHolly, Denver, Si~t:_~~ IvjarL_~~~' 531 St Paul, Rev Richard Brindle, INheat Ridge Congegrational Church, Lharles tl Hahn;-406-1-field Drive, Dora Piccoli, no address qiven, Gene ~ort-ier~no address given, ~laiFe_ 'Trayfo~,4045 Field Drive, Re~ -- Lawrence T _SOlan, Saints Peter and Paul Catholic Church, 3900 Pierce, Barry Hudsort, 6545 W 44th Ave , ~~_~en _K~~ner, 2715 Fenton Street, Arthur R Gardner, no address qiven, Dana L Bowlin], no address given, Z<2Y~~ ~owl[ng-;-no address given, ~o~nie Al~i_son, Mayor of Edgewater, ,vayne Preston, 3480 Upham St , Karen '~atson, 3390 Garrison, cJer~ Roach, 6545 W 44th Ave, and Rose Franklin, 3057 Ames Proponents' exhibits C, D, E, and F were presentedand--accepted Opponents then spoke and they were, Diane bprague, 3508 Marshall, Barbara Brockman, 11715 W 33rd Place, LillTallFlemTng;--6363 vii 29th Ave , Janice Thompso~, 12290 v 42nd Ave, Nancy Snow, 11155 W 40nd Ave, Susan Manigold, 6665 vii 26th Ave, JosephTne-BUtIer, 9625 W 36th Ave, Dougal Graham, 3330 Chase bt , Dorothy Archer, 3-640 i'1arshall, and Ben ChaStail1;~50 Marshall Proponents' summation ~as given by ~ayne Preston; Opponents' summation by Nancy Snow 7he public hearing was closed Amended Motion for the adoption of Ordinance 442 (Council Bill 47) on second rearling and have it published with the following amendment that 1) a new B be added to read "cOMPLIANCE C8RTIFICATION THE OWNER/OPERATOR OF ANY MULTI-UNIT ELDEl{LY HOUbING DEVELOP,'1EN'i' ~1USi' LERTIF { TEA'T TilE DEVSLOP'1ENT IS IN COMPLICANC~ WITll THESE REGULATIONS ON AN ANNUAL BASIS BASED ON TilE DATE uF THE ORIGINAL CERTIFICATE OF OCCUPANCY SUCH CERTIFlcAi'ION SHALL BE t'1ADE UPON FORivIS SUPPLIED BY THE CI'rY OF \NHEAf RIDGE FOR THA'r PURPOSE " 2) that the old B SIrE PLAIJ becomes C and OLD B 1 deleted, OLD B 2 becomes Cl, OLD B 3 becomes C2, OLD 8 4 becomes C3, OLD B 5 becomes L4 3) OLD C HEIGHT REGULATIONS becomes 0; 4) OLD D AREA REGULATIONS becomes E; and under 3 Front Yard - the final sentence be deleted and these words inserted ",/HERE HEIGll'f or STRUCTUREb EXCEED THIR'rY FIVE (35) FEET, THE FRONI' YARD SHALL BL THIRTY (3U) FEET PLUb FIVE (5) FEET FOR EALH ADDlfIONAL FIVE (5) FEET OF HEIGHi' DUE fU UNIQUE TOPOGRAPHICAL OR OTrlEk PHYSICAL SURROUNDING blrUArIONb, INCREASED SE~BACK REQUI~~~EN~~r1 dAY dE l'llPUSED Ab A COl~DI I'ION Of 81 i'Y PLAt< APPROVAL and 4 S~ e CITY COUNLIL iI~U~ES February 23, 1981 Pa'Je -2- delete the Ilords at the end of the para'Jraph "a fifty foot setback shall be required" and ceplace them 'vi tl1 tile words "AN ADDI'L'IuNAL F I ilL (5) Ft.tf UF SE'i'13AUZ FUl:Z i,AUI FIVE (5) FFEi' OF HEI:~]'i' SBALL 3f~ EEOUIRED DUe lO UiHi)UE. L'UPU(3KAPi.IICAL OR O'l'dLl{ l'dYSICAL SUl~RUUUDI!Y; SI l'UA'J'IONS, INCtzEAbLU SEf~ALh REQUIREMENfb 1AY HL 1iPObED Ab A CONDlrION OF bITE ~LAW ~PPRUVAL" And 5 Pear Yard the word "width" be chanled to "DEP'l'H" ::,) ~ Parr-in'] - becomes "F" and delete the sentence "F-)r the: other uses listed herein the existing regulations under parking, bection 27 1, shall apply Original dotion by 'lr "[erkl; seconded I)y ',Irs Ore; Amend ing I'lotion by ,'Irs Lavarra; seconded by ~Ir 80wJ1lan; AJ1lendment carried 7-J; "lotion as amended carried 5-2 wi th 1'1rs Cavarra and ,Irs l'urner votinc~ No ,Irs furner stating that she was votinCJ aCJainst the Ordinance because there is a need for affordable housing for older people, but that is not provided for and that the present PHD will allow any type of develop~ent that this will allow and that it das unfortunate to play upon the eJ1lotional issue to pass an ordinance that does not do what it appears to do 1rs Cavarra stated that she had been hoping for tacts as to what this Ordinance would do; for instance what cost ettectiveness of 5 stories over 3 stories 1r Lewis stated that he was reluctantly voting for this Ordinance - because this will give the City a litle more flexibility in enforcing the Lode Failed Amendment by Mr Merkl that the words "AT LEAST 50% OF THE UNITS MUST BE RESERVED FOR LOW AND r'lODEf~Al'B Il~CO"1E SENIuR CIrIZEW:, CURREN'L' HUD LOd/L'IODERArE INCO'IE GUIDELHJE::' FOR ':2H~ DSNVEE SI1Z\ SHALL APPLY TO THE PROJEC'r S'i:'Al\j])I\RDS" be added to]l. Use Requlations; seconded by !1rs Ore; Failed 2-5, with Councilmembers Bowman, Cavarra, Lewis, Aiello, and Turner voting No Mrs i:'urner stating that there is no lid on the rent, only on income and aoility to pay Nothing that says units will tall, rent-wise, within reasonable limits I1r Lewis stating that he did not believe we should delegate such authority to the Federal Government and that we should address al seniors and not just one CJroup Mr Hayes asked Mr Bowman if he had reviewed the tapes and he stated that he had had them over the Neekend and had listened to them two times During the testimony of this hearing Mr Lewis moved to suspend the Council kules ot order and procedure in order to continue on past 11 00 P m and finish the remainder of the Agenda; seconded by Mr Merkl; carried 7-0 Mr Bowman was not feeling well and left the meeting after Item 1 at 11 50 P m Item 2 Application by Zeff Properties for approval of an amendment to a Final Development Plan for a Planned Residential Development on property located at approximately 10251 W 44th Ave , Wheat Ridge, Colorado (Case No WZ-80-37) Mr Stromoerg gave the Planning Division Comments and indicated that the problem with the legal description and the surveyor's certification making reference to a specific statute have both been done Michael Kephart, 2910 E 6th Ave , presented a power of attorney to speak for the applicant; pale Boyd, 720 S Colorado Blvd , Barbara_Bacon, 4392 Ulysses way, Golden, and Kal Zeff, 4021 S Cler~ont, Englewood, were present and were sworn in---Mr Kephart presented the Case for the applicant Ms Bacon questioned the Building of Lee Street and whether this would take part of the Camelot parking lot 11otion by Mr r,1erkl that Case No WZ-80-37, which is an amendment to the Final Develop~ent Plan, be approved for the following reasons 1) Planning Commission and staff recommend approval; 2) the original PRD is not viable due to the City's purchase of the northern lots for park purposes and therefore an amendment is necessary in order to achieve a functional design for the site; and 3) there is a reduction in density between the original plan and present plan Also that the Development Plan be subject to the execution of a Development Agreement between the owners and the City; seconded by Mr Aiello; carried 5-1 Proposed amendment by Mrs Turner that no building permit be issued until there is a verification from Metro Sewer District that this property can be served; failed for the lack of a second; it was explained that no building permit is issued until there is available sewer service Motion carried as originally stated 5-1, with Mrs Turner votinq No - stating that it is in conflict with previous Council decision that this property be built to R-2 standards, which was not carried out Mr Davis had submitted votes for Items 3, 4, 5, 6, and 7, which are recorded with the votes on those items February 23, 1981 -Page -3- CIry COUNCIL MINUTES Item 3 URDINANCES ON FIRST READING Council Bill No 53 - An Ordinance repealing and reenacting Sections 4-13 and 4-14 of the Code of Laws of the Citv of ~heat Ridge relating to dog licenses and registration and providing penalty for violation Ordinance was introduced by Mr Merkl who moved that Council Bill No 53 be approved on first reading; ordered published; Public Hearing set for Monday, March 9, 1981 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconded by Mrs Turner; carried 7-1, Mrs Ore voting No, statin] that she does not like the Ordinance, it is too restrictive Item 4 Council Bill No 59 - An Ordinance amending Sections 2 4 and 4 2 of Appendix B, Flood Plain Zoning Ordinance of the Code of the City of wheat Ridge, Colorado, which amendment relates to the Ofticial Flood Plain Map Council Bill 59 was introduced by Mrs Cavarra, who moved that Council Bill 59 be approved on first reading; ordered published; Public Hearing be set for March 23, 1981, 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 Mr Lewis; carried 7-0 Item 5 Council Bill No 60 - \n Ordinance providing for the approval of rezoning from Agricultural-One (A-I), Agricultural-Two (A-2), and Residential-One (R-l) to Residential-Two (R-2) for land located at approximately 11305 W 38th Avenue, City of Wheat Ridge, County of Jetferson, State of Colorado Louncil Bill 60 was introduced by Mr Aiello who moved that Council Bill 60 be approved on first reading; ordered published; Public Hearing be set for Monday, March 23, 1981, at 7 30 P m in City Council Chambers, 11unicipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs Ore; carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Preliminary hearing to set neighoorhood boundaries and Public Hearing date re Application for new J-l 3 2% Beer License for Gold Petroleum dba Gas Rite Stations and Convenience Stores, located at 3050 Youngfield Motion by Mr Lewis to set the neighborhood at a I-mile radius and that the Public Hearing be held on March 23, 1981; seconded by Mrs Ore; carried 7-0 COUNCIL COMMISSIONS' AND COMMITTEES' MATTERS Item 7 Appointments to various Boards, Commissions, and Committees Motion by Mr Aiello that the following Animal Control Commission Dist 1- ----- Dist 1- Dist I II- Dist I II- Dist IV- Dist IV- Dist II- Dist IV- Dist 1- Dist 1- Dist IV- Dist 11- appointments by made William Donaldson Susan f1anigold Grace Shaodeau Sandra Eid Charles 0 Petty, Jr Frank Cosolo John 11cDermot t Janice Thompson Robert Reischman Allen \'1 Kirby Ann Gale Ray 'linger Robert Eckhardt Arborist Board BUll<Ilngrc:o(f,2-Advisory Civil Service - Parks & Recreation Personnel Commission Planning Commission l"lass Transit seconded by Kay Ore; carried 7-0 CIry COUNCIL MINUTES February 23, 1981 Page -4- COUNCILMEMBERS' MATTER~ Mr Lewis recommended that a Resolution be brought into Council at the nex~meeting incorporatiny the Phyllis Kramer suggestions Mrs Cavarra presented a Resolution that she had drawn up entitled "Resolution in support of President Reagan's request for reduced federal spending" Motion by Mrs Cavarra to suspend Council Rules in order to vote on this; seconded by 11rs Ore; carried 5-1 with 1'1r Lewis voting No Resolution 729 was introduced; Motion by Mr Merkl to adopt Resolution 729; seconded by r1r Aiello; after-,:frscussion reqarcling the advisability of inadvisability or applying for grants or special grant funding, Mr Merkl moved to delete the phrase "by not insisting on special grant tundin~"; seconded by Mr Lewis; Failed 3-3 with Councilmembers Cavarra, 7urner, and Aiello voting No Resolution as originally presented Failed 3-3, with Councilmembers Merkl, Aiello, and Ore voting No Meeting adjourned at 12 50 a m ~-) " '" / r-;, ~,(. /'":. -=-~.-",-..-..L-~-l..~ r' ' / Carol F Hampf, City C],.-erJV CFH; chJ'; , (.- APPROVED