HomeMy WebLinkAbout08/24/1981
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 24, 1981
The City Council Meeting was convened by the Mayor at 7 30 p m
Councilmembers present Pat Aiello, Bill Bowman, Mary Jo Cavarra, Kent
Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Turner Also
present City Clerk, Carol Hampf, City Administrator, Tom Palmer, City
Attorney, John Hayes, Department Heads Richard Bredt, Hugh Brown,
Charles Stromberg, staff, and interested citizens
Motion by Mrs Ore for the approval of the Minutes of August 10, 1981
and August 17, 1981, seconded by Mr Davis, carried 8-0
PUBLIC COMMENT
Elizabeth Myers, 9120 W 35th Ave, spoke in opposition to a street light
in her neighborhood Marilyn Hartshorn, 9160 W 35th Ave, asked if the
City could help her with getting Public Service to move a light pole
Gerald Ehlers, 2750 Newland, recommended that City Council give a
hearing on a request for a park at West 29th and Newland, now that
Planning Commission has dismissed Mr Byerly's case
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application by Connie Buchanan, dba Buchanans Wine List, for a
Class D, Retail Liquor Store License, to be located at 4509
(new address of 4511 has been applied for) Harlan Street
Sherry McGarry, survey taker for the City of Wheat Ridge, was present
for questioning Scott Albertson, 13949 W Colfax Ave, Golden,
attorney, Connie Buchanan, 5351 Norris, Golden, applicant, and Joseph
Donaldson, 7330 West 35th Ave, who had taken a survey for the applicant,
were present and sworn in Exhibits introduced by the applicant were 1)
a photo of the posted notice, 2) petitions showing 314 in favor, 31 no,
as taken by Mr Donaldson, 3) a map of the area Mr Donaldson had
surveyed, and 4) petitions that had been available at the food shop for
people to sign, showing 166 in favor There was no one in opposition
Motion by Mrs Ore for the approval of an application by Connie
Buchanan, dba Buchanans Wine List, for a Class D, Retail Liquor Store
License, to be located at 4511 Harlan Street, for the following reasons
1) All applications and fees required by statute have been filed and
paid, 2) notice of hearing and posting of the premises have been
accomplished according to statutory requirements, 3) applicant is
entitled to occupancy of the premises by virtue of a signed lease dated
June 30, 1981, 4) the applicant has been shown by investigation to be of
a good moral character, 5) the evidence adduced at public hearing on
August 24, 1981, establishes that the desires of the residents of the
neighborhood under consideration are for granting this license, as
evidenced by petitions bearing 558 signatures in favor of issuance, 42
signatures in opposition, and 10 signatues evidencing no opinion, and
that issuance of this license is consistent with the needs of the
neighborhood under consideration, seconded by Mr Bowman, carried 7 in
favor and 1 abstention - Mr Davis - since he is the owner of the
building
Item 2
Application by Harold Seiler for a two lot Minor Subdivision
on property located at the southeast corner of West 38th
Avenue and Fenton Street (Case No MS-81-2)
Mr Stromberg gave the staff report Julius Friedrich, 900 Capitol Life
Center, attorney, Harold E Seiler, 3720 Fenton Street, applicant, and
Enrico Garcia, 5750 W 38th Ave, were present in favor of the
application There was no one present in opposition Motion by Mr
Lewis that Case No MS-81-2/Seiler, a request for a two lot minor
subdivision at the SE corner of W 38th Ave and Fenton Street, be
approved for the following reasons 1 the Planning Commission and
staff recommend approval, 2 all subdivision requirements have been met,
3 the property will become less nonconforming, seconded by Mr Davis,
carried 8-0
CITY COUNCIL MINUTES
August 24, 1981
Page -2-
Item 3
Council Bill 79 - An Ordinance amending Sections 16, 17, 18,
19, and 27 2 of Appendix A, Zoning Ordinance of the Code of
the City of Wheat Ridge, Colorado, which pertain to
landscaping
Motion by Mr Davis that the Council Bill be postponed for second
reading until September 28, 1981, seconded by Mr Bowman Mr Davis
stated his reason for asking for postponement was because the Ordinance
contained other than the things that the Community Development Committee
had asked for and he wanted it to go back to the Committee for revision
Motion carried 8-0
Item 4
Council Bill 80 - An Ordinance providing for the approval of
rezoning from Restricted Commercial (R-C) to Residential Two
(R-2) on land located at 4365 Teller Street, City of Wheat
Ridge, County of Jefferson, State of Colorado (Michael
Sadar) (Case No WZ-81-14)
Council Bill 80 was introduced on second reading by Mr Merkl Michael
David Sadar, 4620 Quail, applicant, was present and stated that he was
planning to build a single family house for the use of his own family
There was no one present in opposition Motion by Mr Merkl that
Council Bill 80 (Ordinance 460), a request for a change of zone from RC
to R-2 (Case No WZ-81-14/Sadar) located at 4365 Teller Street, be
approved for the following reasons 1 Staff & Planning Commission
recommend approval, 2 the rezoning is compatible with surrounding land
use, 3 the rezoning is in conformance with the Comprehensive
Development Plan, seconded by Mrs Turner, carried 8-0
Item 5
Council Bill 81 - An Ordinance vacating West 35th Avenue,
located between Holland and Garland Streets, within the City
of Wheat Ridge, Colorado, as more fully described herein
Council Bill 81 was introduced on second reading by Mr Bowman, title
read by the Clerk Mr Gidley gave the staff comments and read a letter
from Andree' Hill, requesting that area be reserved for a walkway
Charles E Simms and Glenna Simms, 3490 Holland, Garnette Janowski and
Robert Janowski, 9301 West 3Sth, and Betty Rinn, 3510 Holland,
applicant, were present to speak All spoke in favor of granting the
street vacation, as the County had allowed them to build a portion of
their house in this area, when it was built 20 years ago There was no
one present to speak in opposition Amended Motion that Council Bill 81
(Ordinance 461), a request to vacate West 35th Ave between Holland and
Garland Streets be approved with the addition that an 8-foot easement
across the property be retained for walkway purposes and for the
following reasons 1 the street is not necessary for public access, 2
staff and Planning Commission recommend approval, 3 easements for
utility companies are adequately reserved Original Motion by Mr
Bowman, seconded by Mr Aiello Amending Motion by Mr Merkl, seconded
by Mrs Cavarra Amendment carried 6-2, with Mr Davis and Mr Aiello
voting No Motion as amended carried 8-0
Item 6
Council Bill 82 - An urdinance amending Section 27 of Appendix
A, Regulations applicable to all districts, Section 28 of
Appendix A, Definitions, and Section 25 of Appendix A -
Nonconforming Lots, Uses and Structures of the Code of the
City of Wheat Ridge, Colorado, which relates to the fencing of
swimming pools
Amended Motion that Council Bill 82 (Ordinance No 462) be approved on
second reading with the following amendments 1) in Section 3 L ,
"three years" be changed to "18 months", and 2) in Section 1 G after
the word "self-locking" be added "and closed and kept locked when the
Pool is not in use" Original Motion by Mrs Turner, seconded by Mr
Merkl, first Amending Motion by Mrs Cavarra, seconded by Mr Merkl,
carried 5-3, with Mr Aiello, Mr Davis, and Mrs Ore voting No Second
Amending Motion by Mr Merkl, seconded by Mr Bowman, carried 5-3 with
Mr Davis, Mr Aiello, and Mrs Ore voting No Motion as amended
carried 5-3, with Mr Davis, Mr Aiello, and Mrs Ore voting No
CITY COUNCIL MINUTES
August 24, 1981
Page -3-
Item 7
Council Bill 83 - An Ordinance repealing Sections 5A-3, 5A-4,
5A-5, 5A-6, 5A-7, and 5A-8 of the Code of Laws of the City of
Wheat Ridge, and amending the Code of Laws of the City of
~heat Ridge by adding Sections 5A-3 through 5A-24, inclusive,
relating to financial disclosure requirements of candidates
for elected municipal office and political committees, and
providing a penalty for violation
Council Bill 83 was introduced on second reading by Mr Aiello, title
read by the Clerk Motion by Mr Aiello for the adoption of Council
Bill 83 (Ordinance 463), seconded by Mrs Ore, carried 8-0 Failed
Amendment by Mrs Turner that it be added, in the appropriate place,
that any candidate not seeking reelection that has left-over funds may
contribute them to any City Candidate, Committee, or City issue,
seconded by Mr Aiello, Failed 4-4, with Councilmembers Bowman, Lewis,
Davis and Ore voting No
Item 8
Council Bill 84 - An Ordinance amending Chapter 15, Parks and
Recreation, of the Code of Laws of the City of Wheat Ridge by
repealing and reenacting portions of Sections 15-5, 15-6, and
15-8
Council Bill 84 was introduced on second reading by Mrs Ore, title read
by the Clerk Amended Motion that Council Bill 84 (Ordinance 464) be
passed on second reading with the following amendments 1) Section 2
(k) Exceptions to Normal Hours, add -Wheat Ridge Historical Park- 2)
Section 12 add "except that no one under the age of 18 years shall be
subject to imprisonment" Original Motion by Mrs Ore, seconded by Mr
Lewis, Amendment by Mrs Ore, seconded by Mr Lewis, Amendment carried
7-1, with Mr Merkl voting No Motion as amended carried 7-1, with Mr
Merkl voting No, stating that we are the only City that closes our parks
at 10 00 P m whereas others leave them open until 11 00 P m Motion by
Mrs Turner that in Section 9 (b)(14) Fishing add that -nonfishing
species shall be returned to the lake and injured animals shall be taken
to or reported to the Park Ranger-, Motion died for lack of a second
Item 9
Council Bill 85 - An Ordinance repealing and reenacting
Chapter 18, Article III, Pension Fund, Sections 18-38 through
18-42, inclusive, of the Code of Laws of the City of Wheat
Ridge, and providing for the establishment of a Money Purchase
Plan to provide retirement benefits for members of the Police
Department
Council Bill 85 was introduced on second reading by Mr Bowman, title
read by the Clerk Motion by Mr Bowman that Council Bill 85 (Ordinance
465) be passed on second reading with the following amendments
Section 18-38 b) be amended to read
b) The Pension Fund established herein shall be in the form
of a money purchase plan "Money purchase plan" means a
program under which member and City contributions are
accumulated with interest to purchase a benefit at retirement
The benefit amount is determined by actuarially converting the
accumulated sum in a member's retirment account into a monthly
benefit based on uniform actuarial assumptions approved by the
Board for such plans The term does not include a plan which
provides for minimum benefits or other defined benefits
and Section 18-39 a) be amended to read
Section 18-39 Operation
a) The policemen "money purchase plan" of the City shall be
operated in accordance with the laws and the statutes of the
State of Colorado as provided in Title 31, Article 30 of the
Colorado Revised Statutes, 1973, as amended, and as the same
may later be amended
seconded by Mrs Ore, carried 8-0
August 24, 1981
CITY COUCIL MINUTES
Page -4-
ORDINANCES ON FIRST READING
Item 10
Council Bill 86 - An Ordinance amending Section 27 of Appendix
A, Zoning Ordinance of the Code of the City of Wheat Ridge,
Colorado, which Sections pertain to Conditional Zoning and
Site Plan Requirements applicable to all districts
Council Bill 86 was introduced on first reading by Mr Merkl, title read
by the Clerk Motion by Mr Merkl that Council Bill 86 be approved on
first reading, ordered published, public hearing be set for Monday,
September 28, 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 Mrs Cavarra, carried 7-1 with Mrs Ore
voting No
Item 11
Council Bill 87 - An Ordinance providing for the approval of
Rezoning from Residential One (R-1) to Residential One A
(R-1A) on land located at 11251 W 38th Ave, City of Wheat
Ridge, County of Jefferson, State of Colorado (Case No
WZ-81-16, LaGuardia)
Council Bill 87 was introduced on first reading by Mr Davis, title read
by the Clerk Motion by Mr Davis that Council Bill 87 be approved on
first reading, ordered published, public hearing be set for Monday,
September 28, 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 Bowman, carried 8-0
Item 12
DECISIONS, RESOLUTIONS, AND MOTIONS
School Crossing Guard Agreement between the City and those
schools electing to participate for the school year 1981-1982
Motion by Mr Merkl that the School Crossing Guard Program continue for
the 1981-1982 school term and the School Crossing Guard Agreement be
extended to the Parent Teacher Organizations electing to participate,
seconded by Mrs Turner, carried 8-0
Item 13
A Agreement regarding acquisition of property for Flood
Control Improvements on Lena Gulch Schedule IV in Wheat Ridge
(Agreement No 81-7 3)
B Purchase Agreement for property located at 3700 and 3710
Owens Street
Motion by Mrs Cavarra that Council authorize the Mayor to sign the
Agreement regarding acquisition of property for Flood Control
Improvements on Lena Gulch Schedule IV in Wheat Ridge, and also to sign
the Purchase Agreement for property located at 3700 and 3710 Owens
Street, seconded by Mrs Turner, carried 8-0
Item 14
Motion to amend Personnel Rule 34 to substitute the Friday
after Thanksgiving instead of Veterans Day (November 11) as a
City Holiday
Motion by Mrs Ore that the observance of Veterans' Day as a City
Holiday be discontinued, that the day after Thanksgiving be substituted
as a City Holiday, and that Rule 34 of the Personnel Rules and
Regulations be amended accordingly, seconded by Mrs Turner, failed 3-5
with Mr Bowman, Mrs Cavarra, Mr Davis, Mr Lewis, and Mr Aiello
voting No Motion by Mrs Cavarra that City Hall be open both Veterans
Day and the day after Thanksgiving and the employees be given the choice
of one holiday with the Department Heads sure that there is minimal
staff to take care of all public transactions, seconded by Mr Bowman,
carried 5-3 with Mr Davis, Mrs Ore and Mr Lewis voting No
CITY COUNCIL MINUTES
August 24, 1981
Page -5-
Item 15
Motion to approve a 1-year Maintenance Agreement for the
heating and cooling system with Johnson Controls in the amount
of $3,680
Motion by Mr Lewis that Council surpass their Rules of Order and
Procedure and continue on with the Agenda in its entirety, seconded by
Mr Davis, carried 5-3 with Mrs Cavarra, Mrs Ore and Mr Aiello
voting No
Motion by Mr Davis that the Maintenance Agreement with Johnson Controls
be approved for one year in the amount of $3,680, to be charged to
Account No 118-704, seconded by Mr Merkl, carried 8-0
MAYOR'S MATTERS
Motion by Mr Merkl for an Executive Session to be held under Charter
Section 5 7b(3) regarding the Blevins, Greene, Hoeye, and Haaf
properties, seconded by Mr Bowman, carried 8-0
Mayor Stites thanked the Police Department, Fire District, Chamber of
Commerce, and City employees for the work done on the Festival
COUNCIL MEMBERS' MATTERS
Motion by Mr Lewis that the matter of the property at 29th and Newland
be brought back for reconsideration since the application in Planning
Commission has been dismissed and to ask for an appraisal on the Byerly
property, the demolition costs on the Byerly property, the boundaries
and square footage, and all related costs, seconded by Mrs Cavarra,
carried 5-3 with Mr Bowman, Mr Davis and Mr Aiello voting No
Mr Bowman asked that "No Parking" signs be posted between the two
driveways at Lutheran Hospital since people are parking there and
causing a traffic hazard
Mr Aiello asked that the Cable Television Proposals be advertised as
soon as possible, that they be due 30 days following the advertisement,
that the City Attorney and staff work on them and recommend to Council
the ones that are within the Ordinance, making said proposals available
for Council review at the Municipal Building He also stated there
would be a Community Improvement Committee Meeting on September 1st
COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS
Item 16
A
B
Resolution No 738 - Police Advisory Committee
Motion to reappoint Ronald B Grannel, Damon Swisher,
Christine Parke, Robert Faulk, and Charles Hahn to the
Police Advisory Committee, terms to expire 3/2/84
Motion by Mr Aiello that Resolution 738 be approved, seconded by
Mr Merkl, carried 8-0
Motion by Mrs Turner to reappoint the existing members to the
Committee, seconded by Mr Aiello, carried 8-0 Those people presently
on the Committee that were reappointed are Ronald B Grannel, Damon
Swisher, Christine Parke, Robert Faulk, and Charles Hahn, terms to
expire 3/2/84
EXECUTIVt SESSION was held
MEETING ADJOURNED at 11 30 p m
APPROVED
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Carol F Hampf, cifty Clerk
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