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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 ~, /'1/ ':::'7','" T"/ (1. 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L{;//,"/_4X_ Carol F Hampf, cifty Clerk CFH cj,fg