HomeMy WebLinkAbout09/13/1973
MINUTES
September 13, 1973
The two hundred and thirteenth regular meeting of the Wheat Ridge
City Council was called to order at 7 35 p.m. at 7390 West 38 Avenue
by Mayor Albert E. Anderson.
Aldermen attending Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey
and Ray Pepe. Dr. Paul Abramson arrived later.
Others attending were Mayor Anderson, City Clerk Louise Turner,
City Treasurer Jim Malone, City Attorney Maurice Fox, staff and
interested citizens.
Motion by Alderman Donaldson "I move the reading of the Minutes of
August 30, 1973 and September 6, 1973 be dispensed with and that they
be approved as presented." Motion was seconded by Alderman Hulsey and
passed 4-0.
Citizen Comments were made by
Albert W. Hanne of 3263 Simms who said
1. He had received a ticket which was a separate matter and
would go to court.
2 Because of the "outrageous action" of the arresting officer
he had filed a citizen's complaint against the officer.
3. That he had left information with City Attorney Fox's secretary.
4. He had tried and not been able to contact Mr. Fox.
5. He had decided to file the complaint himself.
6. He had written it and left it with the Court Clerk who had
typed it on the proper form and that she had put in the wrong street and
he had signed it without catching the error and it was called to his
attention 10 minutes before the trial.
7. That the prosecutor failed to ask for a continuance and
should have, and he (Mr. Hanne) would have to file again.
8. The Council should institute a procedure whereby a citizen
could file a complaint and not be given a "bad time."
9 He asked that a capable man be hired to prosecute the officer
and that Mr. Fox prosecute his case. He added that Judge Zarlengo was
very fair but that treatment of citizens by police officers was not
always proper.
Motion by Alderman Pepe "I move that Sepcial Prosecutor Phillip Les be
hired to prosecute Officer Democelli and that Michael Villano be hired
to prosecute Mr. Hanne." Motion was made on recommendation of City Attorney
Fox who said he felt there would be a conflict of interest if he were to
prosecute the case. Motion was seconded by Alderman Hulsey and passed 5-0.
Alderman Cavarra stated she would like to propose a compromise regarding
the striping of 38 Avenue in order to avoid the funneling at Dudley Street
and made the following Motion "I move that the portion of road from
Wadsworth to Dudley constructed under PW-73-o2 and Change Order No. 1
be striped to include three 12 foot lanes, one of which would be a continuous
turn lane and that two additional lanes on either side be striped for
'bicycles only' or 'emergency stopping only' which ever is deemed to
be in the best interest of public safety." Motion was seconded by Alderman
Hulsey who said he was willing to try it and that his Motion (on July 12,
1973) had been to widen to the drainage pans and had not specified lanes.
Alderman Donaldson said the number of lanes didn't matter as long as the
60 foot ROW Wffi paved and done properly.
Alderman Abramson said he thought this would prove to be safer.
Motion passed 4-1. Alderman Pepe voted "nay."
Alderman Abramson requested that the Council consider two meetings per
week until the ~h month backlog of zoning requests could be reduced.
He was told this could be put on the next study session agenda.
MINUTES - September 13, 1973 - Continued
-2-
Motion by Alderman Hulsey: "I move that the Mayor be requested to
expedite payment of $2,716.60 to Bob Guildner Plumbing and Heating
for three jobs performed in conjunction with City forces on street
base compaction and concrete pipe replacement, and $1,400.00 to Wheat
Ridge Asphalt Paving Company for two paving jobs in the vicinity of
28th and Harlan for the following reasons
1. Unit price bids were submitted by each contractor prior
to the start of each job.
2. The work was necessary for the public safety and welfare.
3. The work was performed at the request of City Councilmen
and the Mayor.
4 The work was completed to the satisfaction of the Public
Works Director." Motion was seconded by Alderman Donaldson.
City Attorney Fox in answer to a question as to whether the unit price
had been bid, said he was not sure of the procedure. Walter Grande,
finance officer said the unit price had been bid on both.
Motion passed 4-1. Alderman Pepe voted "nay."
A Public Hearing on an alleged violation of the State Liquor Code at
Prk-N-Pik Liquors at 9345 West 44 Avenue was held. Owners of Prk-N-Pik
Liquors - Clyde and Phylis Badger and Joseph and Jennie Lee Gasperetti
were present. Attorney Eugene Zeilinger represented them.
Mr. Gasperetti was identified by Sgt. William Davis of the Wheat Ridge
Police Departmenc as having made a sale of malt and vinous liquors to
George Hobbs, age 20. Sgt Davis stated that the youth had said no one
had asked for identification that he had no driver's license. He also
stated it had been verified that Mr. Hobbs did nave a valid Colorado
Driver's License and was 20 years old. Sgt Davis introduced the purchased
items which had been taken from Mr. Hob~s car and which were marked as
City Exhibit A
Attorney Zeilinger stated
1. Mr Gasperetti was one of the owners of the store.
2. He did not recall the individual
3. There were others in the store.
4. That it was possible that Mr Hobbs might have had false
identification which he had not chosen to show the officer, or that
someone else might have bought the items for him.
Mr Gasperetti, in answer to questions from Attorney Zeilinger stated
1. He had been a realter for 26 years.
2. He had been in the liquor store business since July 2, 1973.
3. He was a member of Kiwanis and a volunteer juvenile counselor
in Adams County. His counselor's card was admitted as Exhibit No 1.
4 He had letters of character reference from the Thornton Chief
of Police and Frank's Professional Pharmacy. These letters were admitted
as Exhibit No 2 and 3.
5. He did not recall a youth in the store, only individuals
25-40 years old.
5. He checked habitually anyone who appeared to be under 30
by asking for identification.
7. That he required a drivers license with a picture or a service
card.
Motion by Alderman Abramson "I move that this action be dismissed as there
is no preponderence of evidence to indicate that the purchaser didn't
present false I.D." Motion died for lack of a second.
Motion by Alderman Hulsey "I move that the package liquor license of
Prk-N-Pik Liquors at 9345 West 44 Avenue be suspended beginning at noon
on September 14, 1973 and continuing until 12 noon on Monday September 17,
1973 for the follOWing reasons
1. Evidence of purchase was here.
2 The liquor was found in the car
3. There was no proof of an invalid driver's license on the
part of the purchaser.
4. And it was indicative that the liquor had been sold to him."
MINUTES - September 13, 1973 - Continued
-3-
Motion was seconded by Alderman Pepe who said he agreed with the
Motion, but said he thought the suspension should be longer.
Alderman Hulsev said he took into consideration Mr. Gasperetti's
record and the fact that he admitted making a mistake and that if
it were to happen again the suspension would be longer.
Motion passed 4-1
Alderman Abramson voted "nay."
Evidence was returned to Officer Davis. Complete proceedings were
recorded by Court Reporter Ruth Carsh.
Mavor Anderson announced that Case WS-73-o6 Garrison Meadows Subdivision
had been withdrawn.
A Public Hearing was held for a 3.2% beer package license for PDQ Food
Stores at 12755 West 32 Avenue. The City's impartial investigation
conducted and reported by Helen Elise Brougham indicated that out of
100 persons contacted in the neighborhood 76 were in favor, 7 were
opposed, 14 didn't care and 3 didn't sign. Also, that notice had been
properly given and that there were three existing licenses and three
schools within the one mile radius. Map and report were admitted as
City's Exhibit No.1 and 2.
Michael Villano, attorney of 4315 Wadsworth represented the applicants
and stated the applicant was Westhill Corp. and officers, all of whom
were present were President - Charles W. West of 9517 W. Ohio Ave.,
Lakewood, Vice-President - Harry A. Murphy, Jr. and Secretary-Treasurer _
James D. Hilgendorf. Eleven exhibits were presented and admitted No.
1-10 were petitions containing signatures of 602 in the neighborhood
and 372 signatures on petitions in the store making a total of 974 signatures.
Petitions were passed or witnessed by the following persons
Charles West #4, Jim Hilgendorf #9 and #6, Jean Hilgendorf #1,
David Rowe #5, Damon Turner #3 and #7, Gregg Hunter #8, Richard Bender #2,
and Susan West #10. Exhibit No. 11 was a map of outlets in the City.
Others who spoke in favor were
Harry A Murphy - manager of the meat department.
Duane Lemburg of 13045 West 30 Drive and a resident of the
neighborhood.
Mike McCafferty - owner of Angi~s Pizzeria next door.
Melvin Zimmerman of 13438 West 33 Avenue.
Others who identified themselves as favoring issuance of the license were
Mark Martella
Orville Lewis of 2965 Wright Court
Jim Haly of 3565 Miller Court
Joy Robinson
and Sylvester P. Rohr of 11151 West 33 Avenue.
No one appeared in opposition.
Attornev Villano indicated that the City's map of outlets showed grouping
of outlets where need existed in certain areas and that testimony and
evidence indicated need in this location.
Complete proceedings were recorded by Court Reporter Ruth Carsh.
Motion by Alderman Donaldson "I move that the matter of a 3 2% fermented
malt beverage package license for PDQ at 12755 West 32 Avenue be tabled for
one week and a decision be given at th at time." Motion was seconded by
Alderman Hulsey and passed 5-0.
Renewal of a 3.2% fermented malt beverage package license for Del Farm
at 7340 West 44 Avenue came up. Motion was seconded by Alderman
Abramson and passed 5-0, and made by Alderman Pepe "That the 3.2%
fermented malt beverage license for Del Farm at 7340 West 44 Avenue be
renewed."
MINUTES - September 13, 1973 - Continued
-4-
WZ-73-20 Rezoning Case was heard. Glen Taylor, Acting Director of
Planning stated
1. Applicant was orvill M Lockhart who had requested a
change from Residential-One to Residential-1-A at 12365 West 38 Avenue.
2. Low density residential is shown on the Land Use Plan.
3. Property was properly published and posted.
4. Planning Commission had recommended denial on the basis
of its not being considered good zoning and that it would create a
traffic load in the area.
5. People had appeared to speak in opposition at the
Planning Commission Hearing, but they were not allowed to speak because
they arrived too late because the case had been heard earlier than scheduled.
6. That present zoning was in accordance with the Land Use
Plan.
7 Residential-One allowed adequate use of the land.
8. It would be wise to avoid undue congestion in the area
because of proximity to Kullerstrand School.
9. ROW would be determined at the time of development.
10 Rezoning to Residential-one-A would set a precedent for
other large blocks in the area and/or the entire area.
11 The Parent Teacher Organization of Kullerstrand School
had unanimously expressed opposition in a letter stating this was ideally
suited for Residential-One and it would set a precedent and had asked
that their objection be made a part of the record.
12. That zoning to the ~ast, west and southwest was Residential-
One and to the north was agricultural.
Louis Ficco of 11692 West 36 Avenue stated
1. The owners were Orville and Doris Lockhart and both were present.
2. They were requesting the change because it was next to the
school and Residential-One should be buffered.
3. Other adjacent zoning was
a. To the south was a church which was not proper next to
a residential subdivision.
b. To the south was Residential-one-A
c. To the north Residential-One for 200 feet then the valley
with Coors gravel extraction.
4. That 38 Avenue had a high traffic count.
5. That the area was developing Residential-One-A.
6. The development would include 14 lots.
7. He would build on 11 and Mr. Lockhart would keep 3.
8. There would be an increase of 3 lots under Residential-one-A
or only 3 extra houses.
9. The Master Plan called for low density and the proposed zoning
was also low density.
10. The Residential-one-A would not add to the traffic.
After some discussion and study of the map it was determined that the
lot to be rezoned was 300 feet by 535 feet and included Mr. Lockhart's
house and including this there would be an increase of 4 units if the
land were rezoned.
In answer to a question from Mayor Anderson, Mr. Ficco stated schools
are allowed on Residential-One.
In answer to a question from Alderman Pepe as to owning other Residential-
one-A land to the north or east or south of 38 Avenue and east, Mr. Ficco
said he owned the house he lived in at 11692 West 36 Avenue which was
Residential-One-A.
In answer to a question from Alderman Abramson as to an existing problem
with a sewer, Mr Ficco stated the existing sewer line in 38 Avenue is
near enough to the surface that the rear houses on his development would
not be able to have basements, that he could put 30'X60' homes on 75 foot
frontage and that large homes expect basements.
In answer to a question from Alderman Pepe, Glen Taylor stated the land south
and southeast was Residential-One-A, but it was established th_5 zoning had
not been set by this Council, but was done by the County.
MINUTES - September 13, 1973 - Continued
-5-
Also speaking in favor was
Orville M. Lockhart of 12365 West 38 Avenue who stated
1. He had lived there 29 years.
2 He had at times thought of leaving but stayed.
3. He had been disabled 7 years.
4. His savings were in the land
5. The sewer situation kept him from selling the land three
times and had caused the price to drop $11,000 00.
6. That he wanted to keep two lots for his grandsons
7. That if left Residential-One he would lose three sites
including one of the ones he wanted for his grandsons.
8 He wanted to preserve his septic system and registered well.
9 His bordering neighbors were in favor of the rezoning.
10. He had "put up" with the school and was jolted to learn
the PTA was against him.
Speaking in Opposition were
Joy Robinson who presented petitions with 130
who opposed the rezoning because they felt there was no
ing the density and that doing so would set a precedent
tracts in the surrounding area. She added
1. There was no reason the land couldn't be developed as
Residential-One.
2. Some people felt the convenience of being next to a school
was advantageous, and the availability of the playground facilities was
an advantage.
3.
names of persons
benefit in increas-
for other large
to zoning
The argument for the rezoning was the sewer, and not applicable
4. That the owners said three additional homes wouldn't matter.
5. This rezoning, if granted, could set a precedent and if it
were rezoned other properties would almost have to be the same
6. There are 83 acres of Residential-One in the Wheat Ridge
part of Kullerstrand School District, if all rezoned to Residential-one-A
there would be 341 homes instead of 245 or an extra 96 homes for a total
of an additional 232 school children which included the Kullerstrand
area in Lakewood making a possible total of 120 homes over 96 homes.
7. That the owner's real purpose for rezoning was that he
would get a higher price if more units could be built.
8 That the case of this property was almost exactly like
one adjacent to Prospect Valley School which had gone to the Council in
March for rezoning from Residential-One to Residential-one-A and it had
been denied by the Council by a Motion by Alderman Howard which stated
"that Residential-One would allow reasonable development and that the
sole purpose was to jam in more houses in on Residential-one-A zoning."
Martha Shacklett of 3592 Simms who said
1. She had moved to Wheat Ridge from Westminister.
2. She lived in an Residential-one-A area
3. The Heard property was behind them and it was a large open area
and up for rezoning from Residential-One to Residential-one-A which amounted
to higher density
4. That Residential-Three land is being developed.
5. She would like to see no change in the density.
David Prindle of 11655 West 37 Avenue who said
1. He had been here only one year.
2. The school was not on split sessions.
3. The existing Residential-Three and changes from Residential-
One to Residential-one-A could overload the schools and effect the quality
of education.
4. This proposed change, if granted, could set a precedent for
the entire area
5 There had been no persuasive reason given to justify a
change to Residential-one-A.
6. There was no purpose for a buffer between Residential-One
8ld a school.
MINUTES - September 13, 1973 - Continued
-6-
Anthony Ficco commented on the projected increase claimed by opponents
of the rezoning and was told that his comments were out of order during
the time allowed for opposition, but could be included in the summary
later.
In summary, Mr Lockhart said he had lost $11,000.00 already and would
lose more if present zoning was retained and that people who signed
the petitions didn't know the situation
Joy Robinson, speaking for the opposition, said if this property goes
to Residential-one-A, others will follow.
Motion by Alderman Pepe
visement until September
was seconded by Alderman
"I move that Case WZ-73-2o be taken under ad-
20, 1973 for a decision at that time." Motion
Donaldson and passed 5-0.
WZ-73-21 Rezoninq Case came up for Public Hearing. Gary A. Steffen, owner
of 75% of the property was present and was represented by Robert Barr.
Hugh G Bauer, holder of 25% of land through tenancy in common was not
present and not represented by legal counsel.
City Attornev Fox stated policy had always been that owners must be
present or represented by legal counsel, the one exception having been
that a case could be heard when only one of a "spousal relationship"
was present.
Motion by Alderman Abramson
for October 11, 1973 and be
seconded by Alderman Pepe.
"I move that Case WZ-73-21 be rescheduled
properly published and posted." Motion was
Mavor Anderson stated the expenses wem to be born by the applicant
Motion passed 5-0.
Leland Stewart, Chairman of the Planning Commission stated a Planning
Director had been selected and had consented to work under the 1974 Pay
Scale. He asked that Council authorize hiring the man, who had a Master's
Degree and 18 years experience.
Alderman Cavarra asked if it were proper to hire a person under an Ordinance
not yet passed and meantime pay under the present ordinance was lower.
Mr Stewart asked that Council attend a meeting with the Planning Commission
at 7 30 p.m. on Monday, September 17, 1973.
Motion by Alderman Donaldson "I move that Council attend a Planning
Commission work session on September 17, 1973." Motion was seconded
by Alderman Abramson and passed 5-0.
Robert Barr stated he had contacted Mr. Bauer's attorney who could be
present in 15 minutes, if Council would reopen Case WZ-73-21. Request
was denied on recommendation of Alderman Hulsey.
Motion by Alderman Abramson "I move WHEREAS, Marshall Street Bridge at
Clear Creek is being replaced utilizing TOPICS funds, and WHEREAS, it was
necessary to remove an existing sewer line adjacent to this structure,
and WHEREAS, on May 31, 1973, the City Council did pass Resolution No. 229,
Series of 1973, authorizing and directing the Mayor to execute a TOPICS
Agreement, and WHEREAS, said TOPICS Agreement was duly executed, and
WHEREAS, plans submitted by the City did not include removal of the sewer
line and such removal was not considered as a portion of the project, and
WHEREAS, the Colorado Department of Highways have caused removal of the
sewer line and now seeks reimbursement for costs incurred. I THEREFORE
MOVE that reimbursement be made to the Colorado Division of Highways for
actual costs incurred in removal of said sewer line in an amount not to
exceed $1,700.00 said funds to be drawn from Account 431.3." Motion was
seconded by Alderman Hulsey and passed 5-0.
MINUTES - September 13, 1973 - Continued
-7-
Motion by Alderman Donaldson "I move WHEREAS, City Council approved
additional personnel for the Public Works Engineering Division on
July 26, 1973, and WHEREAS, hiring of personnel to fill approved positions
has consumed more time than anticipated, and WHEREAS, the present
Engineering workload cannot be adequately handled with existing
personnel, and WHEREAS, professional engineering services could be
utilized to relieve a portion of this workload until such time as
additional per~onnel are employed. I THEREFORE MOVE that the Director
of Public Works be authorized to employ services of a professional
engineer for a period not to exceed eight weeks and at at weekly cost
not to exceed $400.00 per week, said funds to be drawn from Account
No 431.21." Motion was seconded by Alderman Donaldson and passed 5-0.
Alderman Cavarra stated that Walter Grande had received bid information
and that if it were acceptable, she would make the follOWing Motion
"I move that the time purchase bids for paving materials presented by
Asphalt Paving Company, Mobile Premix Company and Western Paving Company
be accepted for purchases made in 1973 - with materials to be purchased
by the Public Works Director from the lowest bidder who has the material
available."
In answer to a question from Alderman Pepe, City Attornev Fox stated the
Statute requires publication in a daily paper which the Sentinel is not,
for the required bidding of "work" and that materials may be included,
that this is a "gray area" and not clear in the state law.
Alderman Pepe said he would vote "nay" because the procedure had not
been proper.
Aldermen Hulsey and Donaldson said they would vote in favor of the Motion.
Motion passed 4-1. Alderman Pepe voted "nay." The sheet of bids is
attached to the Minutes.
Ordinance No. 137 pertaining to a City Administrator was introduced by
Alderman Pepe who said he did so for Alderman Howard who was absent. The
Ordinance was read
Motion by Alderman Donaldson "I move that Ordinance No. 137 be adopted
on first reading and be ordered published and posted." Motion was
seconded by Alderman Hulsey.
Alderman Abramson asked the legal status under this ordinance of duties which
the Statutes delegate to the Mayor of a statutory city.
City Attornev Fox stated that Walter Kane of Lakewood had indicated to
the Council that in order for there to be a working relationship under
such an ordinance "the full Council including the Mayor must fully agree
to it."
Alderman Pepe said the Council should vote for it, that the Mayor was
elected and could build "quite a machine."
Alderman Hulsey said someone is needed to handle day to day decisions
of the City and that he saw the "need for a professional person on board."
Mayor Anderson said he agreed with Alderman Hulsey.
Alderman Cavarra said it was a step in the right direction and "should
go to a vote" perhaps next year
Alderman Abramson said he would like to hear from Mayor Anderson as to
his philosophy.
Mayor Anderson stated
1. That Alderman Abramson had not been listening.
2. That AldelTIan Abramson appeared to be the only one concerned
about the matter.
3. That he (Mayor Anderson) had said it was a good ordinance, and
4 It should be clear "how I feel about it "
MINUTES - September 13, 1973 - Continued
-8-
Motion passed 5-0. Alderman Howard was absent
Ordinance No. 135 pertaining to the Use tax was brought up for
second reading and the title read.
Motion by Alderman Pepe, seconded by Alderman Donaldson and passed 5-0
"that the Clerk dispense with the reading of the balance of the Ordinance."
Motion by Alderman Hulsey "I move that Ordinance No. 135 be amended
as follows
1. Add the following to Section Two 'For the purpose of
this section, Forty Percent (40%) of the valuation of the improvement
as stated on the permit shall be deemed to be the sale value of the
construction and building materials stored, used, or consumed therein,
and subject to the provisions of Section 3.'
2. Re-number Sections Four and Five to Five and Six respectively.
3. Add 'Section Four. Disputes-Appeals. Should a dispute
arise as to the value of construction or building materials under the
provisions of Section 2, the person applying for the permit shall nevertheless
pay the tax under the provisions of Section 3. He may then apply to the
City Treasurer, stating the basis of his claim on forms provided by the
City Treasurer. It shall then be the duty of the City Treasurer to de-
termine the question of adjustment.'" Motion to amend was seconded by
Alderman Donaldson In answer to a question by Alderman Abramson,
City Treasurer James Malone said he approved of the amendment. Motion
to amend passed 5-0.
Motion by Alderman Abramson "I move that Ordinance No. 135 (pertaining
to the use tax) be passed as amended on second reading and be ordered
published and posted." Motion was seconded by Alderman Hulsey and passed
5-0. Alderman Howard was absent.
Resolution No. 240 pertaining to Police Department accounts was introduced
by Alderman Donaldson and read.
Motion by Alderman Donaldson "That Resolution No. 240 be adopted."
Motion was seconded by Alderman Hulsey and passed 5-0.
The Clerk was directed to publish the Resolution together with Resolution
No. 239 and send a copy of Resolution No. 240 to the Division of Local
Government.
City Attornev Fox requested that the decision on the Use Tax Ordinance No. 135
be set aside because of statutory requirements not met as it was presently
worded, and that it be held over until September 20, 1973 for final action.
Motion by Alderman Cavarra "that the decision on Ordinance No. 135 be
set aside and final action be taken on September 20, 1973." Motion was
seconded by Alderman Abramson and passed unanimously by those present.
City Attornev Fox stated that regarding a variance requested by Mr. and
Mrs. Emge, that following a recent court decision, he felt it would be
in the best interest of the City if he were authorized to negotiate a
settlement.
Motion by Alderman Abramson "I move that City Attorney Fox be authorized
to negotiate with the attorney for Mr. and Mrs John W. Emge in an effort
to achieve a settlement in the matter of a fire hydrant." Motion was
seconded by Alderman Hulsey and passed unanimously.
Meeting was adjourned at 12 35 a.m.
/
{/-;{('?e ~- /J::
Louise F. Turner
City Clerk
Ct.. -
APPROVED
MINUTES - September 13, 1973 - Continued
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Page 9.
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