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HomeMy WebLinkAbout01/10/1974 MINUTES January 10, 1974 The tw~ hundred and twenty-sixth regular meeting City C~uncil was called t~ order by Mayor Paul B at 7390 West 38 Avenue, l~wer IBvel of the Wheat Ridge Abramson at 7 35 P m Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert H~ward, Calvin Hulsey, Larry Merkl and Louise Turner. Mr Howard arrived later Others attending were Mayor Abramson, City Attorney William McCarthy, City Clerk Elise Brougham, staff and interested citizens ThB Minutes of December 27, 1973 were started to be read by City Clerk Elise Brugham Motion by Alderman Donaldson "Due to the length of the Minutes, I move the reading be dispensed with and that they be approved as printed" Motion was seconded by Alderman Cavarra and passed 5-0. Mavor Abramson stated that Robert's Rules of Order should be followed until Rules of Procedures for Council could be adopted. He also stated that Robert's Rules of Order call for election of officers by secret ballot and that this was the procedure he would like Council to follow Alderman Merkl stated he felt this was not fair Alderman Hulsev also objected and stated he felt the Council was elected by the people and the people had a right to know how the Council votes and the previous procedure had always been an open vote Mavor Abramson called for the question of whether or not to vote for Council Officers by closed ballot. The question passed 3-2 with Aldermen Hulsey and Merkl voting "nay." Mayor pro tem vote was called for by secret ballot. City Clerk Elise Brougham announced it was a tie vote and the Chair submitted a vote. Alderman Donaldson was elected Mayor Pro Tem Alderman Donaldson re- ceived 4 votes and Alderman Hulsey received 3 votes. The votes are attached to the Minutes Council President vote was called for by secret ballot. City Clerk Elise Brougham announced that Louise Turner had received the most votes, and was elected Council President Alderman Turner received 3 votes, Aldermen Hulsey, Merkl and Howard each received 1 vote The votes are attached to the Minutes Mavor Abramson announced he would like the City's Representative to Denver Regional Council of Governments to be chosen by secret ballot. Alderman Hulsev asked City Attorney McCarthy for a ruling as to whether or not this appointment was a statutory duty City Attornev McCart~~~~~a~Otes were silent on the election of such an officer, but that Council can make the decision to have such officers Alderman Howard stated that before the Council makes a decision as to an appointment of a COG representative, they should wait and see if Wheat Ridge will continue being a member in the coming year. Alderman Hulsev agreed with Alderman Howard and stated that Alderman Howard had done a fine job as DRCOG Representative and is Vice-Chairman. Mavor Abramson called for a vote of whether or not to vote by ballot for the DRCOG Representative. Vote was tied 3-3 with Aldermen Hulsey, Howard and Merkl voting "nay" The Chair voted "aye" breaking the tie The Denver Regional Council of Governments Representative vote by secret ballot was begun City Clerk Elise Brougham declared that Alderman Cavarra was the new Representative. Alderman Cavarra received 4 votes and Alderman Howard received 3 votes with the Chair voting to break the tie The votes are attached to the Minutes MINUTES - January 10, 1974 - Continued -2- Citizen Comments were made by Leland Stewart, Chairman of the Planning Commission who formally presented the City's new Planning Director Walter RybkowskV Resolution No 255 commending Albert E. Anderson, former Mayor, was introudced by Alderman Donaldson and read MotilJn by Alderman Turner "I move Resolution No. 255 be adopted." Motion was seconded by Alderman Donaldson and passed 5-0 Resolution No. 257 commending Louise F Turner, former City Clerk, was introduced by Alderman Donaldson and read Motion by Alderman Cavarra "I move that Resolution No 267 be adopted " Motion was seconded by Alderman Donaldson and passed 5-0 Resolution No. 268 commending Ray C. Pepe, former Alderman from Ward I , was introduced by Alderman Donaldson and read Motion by Alderman Merkl "I move that Resolution No. 268 be adopted" Motion was seconded by Alderman Hulsey and passed 6-0. Resolution No 269 commending Maurice F Fox, former City Attorney, was introduced by Alderman Donaldson and read. Motion by Alderman Howard "I move that Resolution No 269 be adopted" Motion was seconded by Alderman Hulsey and passed 6-0 Resolution No 270 commending Paul B. Abramson, former Alderman from Ward III., was introduced by Alderman Hulsey and read. Motion by Alderman Donaldson "I move that Resolution No 270 be adopted" Motion was seconded by Alderman Merkl and passed 6-0. Motion by Alderman Cavarra "I move that Anthony V. Zarlengo be elected and appointed Police Magistrate (or Municipal Judge)." Motion was sec- onded by Alderman Donaldson and passed 6-0. Motion by Alderman Donaldson "I and appointed as City Attorney." and passed 6-0 move that William E. McCarthy be elected Motion was seconded by Alderman Hulsey Motion by Alderman Hulsey "I move that Edward R Pinson be elected and appointed City Marshall (Chief of Police)" Motion was seconded by Alderman Howard and passed 6-0. Motion by Alderman Turner "I move that Ralph E. Johnson be elected and appointed City Engineer." Motion was seconded by Alderman Donaldson and passed 6-0 Motion by Alderman Donaldson "I move that Ralph E and appointed City Superintendent of Water and City Sewers." Motion was seconded by Alderman Merkl and Johnson be elected Superintendent of passed 5-0 Motion by Alderman Donaldson "I move that Glen Taylor be Supervisor of Streets, in addition to his other duties." seconded by Alderman Cavarra and passed 6-0. appointed Motion was Motion by Alderman Donaldson "I further move that Glen Taylor be appointed Traffic Engineer in addition to his other duties" Motion was seconded by Alderman Turner and passed 6-0 Mavor Abramso~~tRat Council had been in the process of interviewing candidates for the position of City Administrator and that Mr. John A Jerman had been the top choice and that he had had experience as Assistant City Administrator of San Jose, California and was presently City Administrator in another town in California MINUTES - January 10, 1974 - Continued -3- Motinn by Alderman Donaldson "I move that John A Jerman, 3031 Ebano Drive, Walnut Creek, California, be hired to arrive on or about February 11, 1974, as first City Administrator, City of Wheat Ridge I further move that his compensation be $1,975.00 per month current income, with a portion of deferred income at his option, and that the City contribute an additional $183 33 per month to the retirement fund of his choice I further move that Mr. Jerman receive a City automobile for his use, that he be given three months' severance pay in the event his services are terminated by the City during his first twenty-four months of employment, that he be provided normal fringe benefits, and that the City pay reasonable moving costs" Motion was seconded by Alderman Cavarra and passed 6-0 Alderman Howard questioned the retirement fund, and Mayor Abramson stated it was within the pay ordinance and it is in line with other cities. Mayor Abramson stated that Walter H but had agreed to accept the job as the new City Administrator can make Johnson had offered his resignation Acting Director of Personnel until a decision regarding staff. Mayor Abramson announced that Ordinance No. 147 regarding an agreement between the City of Wheat Ridge and the Denver Board of Water Commissioners for ROW for pipeline would be tabled until the input required from the Denver Water Board was received Mayor Abramson announced that Ben Loye who had been appointed as an Alternate to the Planning Commission had resigned, and that he would appoint Bonnie Scoma of 2859 Gray Street who lived in Ward I. to fill the vacancy Alderman Howard asked if there were any other applicants for the vacancy and it was stated that there had been Motion by Alderman Merkl "I move we ratify the appointment of Bonnie Scoma as Alternate on the Planning Commission" Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Howard voted "Nay" Mayor Abramson stated he would like to reappoint the Animal Control Commission under a new name of Police Adivsory and Animal Control Board with more powers and broader input. He stated he wanted each Council member to appointment one member and that as Mayor he would appoint Homer Roesener of 2955 Quay as Chairman, and that Council consider the est- ablishment of such a committee Alderman Hulsey questioned what these additional functions would be. Alderman Cavarra stated she would like to see something in writing regarding this Alderman Turner stated Ordinance No. 100 providing for the Animal Control Commission has no provision for broader powers or changes, and that the Ordinance would have to be amended Alderman Hulsey stated he agreed that the Ordinance should be changed Mayor Abramson agreed with this procedure, and stated that this subject will be brought up at a later date. City Attorney McCarthy began the hearing regarding the alleged Liquor Violation of Jolly Jack's Liquors. Wheat Ridge Police Officer Joseph Carmosino was sworn in and stated on December 28, 1973 he had stopped a car which had 6% beer in it and that all three occupants in the car were under 21 years and Gregory Chris Helm had admitted buying the beer at Jolly Jack's after being brought into the liquor store Jack L. Farrer Sr. of 10 S. Garland, Lakewood was ~~sent who was Jolly Jack's owner along with his son Jack L Farrer Jr and whOA sold Mr Helm the beer Mr Farrer was represented by Attorney Michael Villano. MINUTES - January 10, 1974 - Continued -4- Mr Farrer stated he had had no previous violations, that it is his policy to ask for ID because he can't judge age, that he didn't ask Mr Helm for identification on the night in question but that he had asked him for ID one week prior and had been shown a driver's license and draft card with the name Mark Helm on them with a date of birth making him over 21 years Mrs. Barbara Z Farrer of 10 5. Garland was sworn in and said she was present in the store on December 2B, 1973 and verified Mr. Farrer's statement of checking the ID previously of Mr Helm and stated that she had also looked at the ID he had presented then. Gregory Chris Helm of 9220 Hooker Street, Westminster was sworn in He stated his date of birth was October 5, 1954 making him 19 years old, that he had admitted purchasing the beer after being taken into the liquor store but that he had denied buying it previously, and that he had made previous purchases Upon being questioned by Attornev Michael Villano, Mr. Helm stated that he had a brother named Michael Helm living at 4450 Carr Street who was over 21 years of age, that he wasn't sure when he had been in the store before or when he had purchased any beer It was also ascertained that both Mr. Farrer and Mr. Helm had received citations to appear in court. City Attorney McCarthy stated the following summary That the purchaser of the beer is under 21 years, that he did purchase the beer, that he was not asked for ID on that night, and that under state law the license holder sells beer to an individual at his own peril. Attorney Michael Villano stated that in the 1973 Sesssion Laws Section 75-2-3 that the state law was changed to correct the gross inequity of the law which allowed a customer to put a license in jeopardy with no regard to the investment of the owner, and that if fradulent proof of age is exhibited, it shall not put the license in jeopardy. He added that there is conflicting testimony, that Mr Helm denied buying the beer at first and if he lied once he could lie again, and that he possibly could have used his brother's ID and that the name the Farrers stated they saw and the brother's name are similar The hearing was closed City Attorney McCarthy stated that he felt that a decision on this matter would require some discussion and recommended that the Council retire to another room and not discuss this in public Motion by Alderman Donaldson "I move that we take a 10 minute break and that we recess for an executive session." Motion was seconded by Alderman Turner and passed 5-0 Complete proceedings of the liquor hearing were recorded by Court Reporter Harve Clements Motion by Alderman Turner "I move there be no suspension ordered in the matter of the license of Jolly Jacks Liquors and that strong re- commendation be made that ID be requested in all sales, regardless of repetition where age might be a factor" Motion was seconded by Alderman Hulsey and passed 6-0 Rezoning Case WZ-73-32 was heard The request was for rezoning from Residential-Two to Restricted-Commercial at 4540 Wadsworth for rental and retail sales of ski equipment Applicant Muriel Carson was present and was represented by Attorney Gerald Werth of 5723 Yukon. MINUTES - January 10, 1974 - Continued -5- Garth Gibbons, Planning Technician II. stated the following 1 Immediately to the south is Restricted-Commercial property. 2. That the surrounding existing uses are 40% commercial, 20% residential and the remaining uses are community facilities and vacant lots Through a survey it was determined that a large majority of the residential property was renter occupied. 3 That it was questionable as to whether or not the land should be developed as presently zoned. 4 The Land Use Plan indicates a low density residential use (0-7 dwelling units per acre) for the parcel in question, however, it should be determined by the Planning Commission if the land use plan is in error by indicating low density residential use in this area. 5 The parcel fronts on an arterial street as defined by the major thoroughfare plan adopted by the City of Wheat Ridge. 5 Additional access and ROW will be determined at the de- velopment stage (Wadsworth Blvd. at this time meets the minimum ROW requirements as defined by the Subdivision Regulations.) 7 That the latest traffic volumes reflect a count of approx- imately 33,000 vehicles per 24 hours during a normal work week day. 8. In answer to Alderman Cavarra, he stated that the parcel does not have required frontage for Residential-Two and needs a variance. 9. Planning Commission recommended approval. Alderman Howard stated that if this zoning request was granted, it would be setting the trend for commercial along Wadsworth. Gerald Werth, attorney representing the applicant stated the following 1 That the present zoning was not proper. 2 The car count doesn't indicate residential use 3. That the surrounding 20% residential use was essentially commercial because it was mostly rentals. 4. That the applicant's request is proper, reasonable and logical. Garth Gibbons stated that a petition circulated in the neighborhood in- dicated that there was no objections Speaking in favor of the rezoning were Mrs. Johnson of 4660 Webster stated she had no objections, and if small businesses went in it would prevent a huge complex from being built. Mr. and Mrs. Walker of 7620 West 47 Avenue stated that due to the amount of traffic it was incompatible for residential use, that the dramatic cha~ge in the area had become apparent, that one can try to live there until it becomes intolerable but the property is impossible to sell as residential so the owners rent which briR~s into the neighborhood a group of transients, and that they would ratherAg5ntrolled small businesses than uncontrolled transient residential Mrs Muriel Carson was present and stated there would be ample parking and that there could be access by means of an alley. In answer to Alderman Turner, she stated that this was behind Cameo Interiors to the south etc. and is behind the property, that the owners of the different lots had agreed to make an alleyway but that there is no dedication of ROW. No one appeared in opposition. City Attornev McCarthv recommended that in the past Council had made a practice of hearing a rezoning case wi th one week for a decision, but that this practice quite often cost the applicant time and money, and that unless there was a real question regarding the hearing which would need additional testimony a decision should be made on the night of the hearing. Alderman Howard stated that he felt he didn't have enough information regarding access and that he was not in a position to vote tonight and made the following Motion "I move that Case WZ-73-32 be tabled for one week with a decision to be rendered on January 17, 1974." Motion was seconded by Alderman Hulsey and passed 5-0 T~UTES - January 10, 1974 - Continued -6- Rezoning Case WZ-73-15 was heard The request was for a rezoning from Agricultural-One to Residential-Two-A at 44 Avenue and Moore Street for construction of 5 four-unit apartment buildings Garth Gibbons of the Planning Department stated the following 1. That this rezoning case had come before Council on July 19, 1973 but that it had been tabled indefinitely due to lack of information regarding commercial mineral deposits required by House Bill 15-29 2. That he hffi received a letter from the State Geologist stating that this tract could never be commercially mined 3 That Residential-Two-A zoning does not comply with the low density designated by this area by the Land Use Plan. 4. The area under discussion is not in the Flood Plain. 5. There is some question about the ROW through the lot ~ the cul-de-sac end to the adjoining property south of the proposed Jaylarry Subdivision 5 The recommendations of the department are the property directly south of the parcels in question is owned by Coors and leased to the City of Wheat Ridge for use as park land. It is stated in the lease agreement with Coors, that it will be used as a parking lot for park users The general area in question and all the area bordering on the proposed open space and park land is under consideration for restriction to low density residential use. However, because of the use of the street for public access to the park and because of the surrounding trend towards a greater density, it is acceptable for the parcel in question also The Planning Department recommends denial of request for Residential-Three zone on the basis that Residential-Three-A is sufficient for the desired use. Granting for Residential-Three-A is agreeable. Planning Commission recommended approval of the rezoning on June 4, 1973 Alderman Turner asked how many units were allowed under present zoning, and Mr Gibbons answered none unless the lots were combined but on further research concluded that according to Section 25 non-conforming lots of record can have single family use so 5 single family units could be built under present zoning. Attornev Charles Beck of 1020 15 Street represented the applicants Wayne and Marquerite Selders. He stated 1. That a portion of the street had been vacated and it needs to be rededicated and replatted. 2. That a 20 unit townhouse complex is planned. 3. That due to the sewage condition that lift stations are needed and for single houses this would entail great expense 4. In answer to a question from Alderman Howard he stated the street (Moore Street) would end in a cul-de-sac and they would have no objection of continuing it RudV Dearmin of Dearmin Construction was present and had plans of the proposed buildings Speaking in Opposition were Ken Jones of 4320 Newcombe stated that he had been a long time resident and that single family residences were being pushed out of the valley by the abundance of apartments, there was no longer any room for single families and apartments caused overcrowding of schools Jerry Ann Foreman of 4343 Newcombe Street stated she was opposed for the same reasons James N Lhotak of 4300 Newcombe stated he was opposed for the same reasons Alderman Cavarra asked for a ruling from the City Attorney if the 3/4 majority vote of Council rule was required. Mavor Abramson requested that the Planning Department determine the percentage of the boundaries of those opposed which abut the property proposed to be rezoned and present it at the next week's meeting MINUTES - January 10, 1974 - Continued -7- Alderman Howard asked whether or not the opposition needed to file a statement of formal protest and it was determined it was not necessary Motion by Alderman Cavarra "I move that WZ-73-15 be tabled for one week for a decision to rendered at that time with a determination of the 3/4 vote rule to be made at that time." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 139 repealing Ordinances No 143 and 130 prohibiting the issuance of building permits except on subdivided land came up for second reading and was read Motion by Alderman Turner "I move that Ordinance No 139 be amended by deleting Section 2 and adding the following emergency clause 'Section 2. Emergency Clause The provisions of this Ordinance are necessary to the immediate preservation of the public health and welfare of the Citizens of Wheat Ridge for the following reasons 1. The repealed ordinances create a hardship on the citizens of Wheat Ridge. 2 The repealed Ordinances will remain in effect until the effective date of this Ordinance Section 3 Effective Date This Ordinance shall take effect and be in force five (5) days after final publication following final passage providing it shall have been passed by an affirmative vote of three- fourths (3/4) of the City Council, otherwise, it shall take effect thirty ,30) days after publication following final passage '" Motion was seconded by Alderman Hulsey and passed 4-2 with Aldermen Cavarra and Howard voting "nay " Alderman Howard stated he would vote against this Ordinance because by repealing both ordinances it makes it possible for a person to make application without meeting the subdivision and zoning regulations Motion by Alderman Merkl "I move that Ordinance No 139 be adopted on second reading as amended and be ordered published and posted " Motion was seconded by Alderman Turner and passed 4-2 with Aldermen Howard and Cavarra voting "nay." It was stated that the emergency clause and effective date of 5 days would not be in effect because the Ordinance did not pass by a 3/4 majority vote and the Ordinance would be effective 30 days after final publication. Alderman furner stated that due to the length of the Rules of Procedure that they be discussed at the next Study Session Motion by Alderman Hulsey "I move that this (Rules of Procedure for City Council) be taken up at the next study session" Motion was seconded by Alderman Merkl and passed 5-0 Meeting was adjourned at 10 15 p.m. I / APPROVED /-1-&13 1-17-7f ----- MINUTES - January 10, 1974 - Continued -8- ,,- UJ fTJ Cl ;0 Cl fTJ 0 -t C 2 ClJ Cl :D H r r r 0 :;;: -t fTJ UJ fTJ -t "TJ H ;0 2 0 G1 :;;: UJ --' '- --' 0 '- -..J +- ::E ~ J: 111 )> -i ;I) ~ 0" Gl .111 9 ~ (Jill 00 rx l 00) ;1)_ >0 0 f 0 CD 0 0 CJl CJl -- -