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HomeMy WebLinkAbout06/21/1973 MINUTES June 21, 1973 The two hundred and sixth regular meeting of the Wheat Ridge City Council was called to order at 7 38 p.m at 7390 West 38 Avenue by Mayor Albert E Anderson. Aldermen attending were Donaldson, Robert Howard absent Dr Paul Abramson, Mary Jo Cavarra, Joseph and Calvin Hulsey Alderman Ray Pepe was Also attending were Mayor Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, staff personnel and interested citizens. Motion by Alderman Donaldson "I move that the reading the Minutes of June 11, 1973 be dispensed with and that the Minutes be approved." Motion was seconded by Alderman Abramson and passed 3-2. Aldermen Howard and Hulsey voted "nay." Citizen Comments were made by John Emge of 3342 Simms Street who stated 1. He had bought a lot and had built a home in Valley Brook Subdivision 2. The home had passed all inspections including the final inspection which he thought meant all requirements for occupancy had been fulfilled. 3. Shortly after the final inspection he was told by the Fire Chief and Chief Building Inspector that he must put in a fire hydrant in order to meet subdivision regulations and was denied a certificate of occupancy by the Mayor. 4 He did not feel he should be considered a subdivider. 5. No mention of a hydrant was made when the permit was issued, nor prior to, nor during any of the inspections. 6. It would have cost less if it could have been done at the same time the street was opened up for water and sewer connections. It is expensive to cut into the streets, he had received one estimate which was $2,000-$2,600. 7. At this time nothing could be added to the construction loan 8. Two other houses built in the past two years had not been given this requirement. 9 That he would be willing to go in with the others to provide one He stated that he had no objection to a hydrant but he objected to being given no notice of it until after the final inspection 10. That he had with him two letters and the building card saying it had passed final inspection. (Some of the above comments were in answer to questions from Aldermen.) Mrs. Emge of 3342 Simms asked what a final inspection was. Alderman Abramson asked City Attorney Fox if Mr. Emge were considered to be a subdivider according to the City Subdivision Regulations City Attorney Fox stated 1. That interpretation was an administrative function. 2 That he would not make a statement which might be in conflict with an administrative decision already made. 3. That the people involved were asking relief from an admin- istrative decision and they could seek that relief from the Board of Adjustment or District Court, not from the Council Alderman Abramson asked Mayor Anderson if it were correct that Ordinance No. 130 passed a week ago had been intended to cause individuals on a single lot to meet subdivision regulations. He was told that was "totally incorrect." MINUTES - June 21, 1973 - Continued -2- Mayor Anderson added 1 He was not considering Mr. Emge a subdivider. 2 He was asking him to meet the requirements of Ordinance No 84 which say that in the construction of any "main building there are requirements which must be met by a subdivider or his assigns" and that the requirement of a fire hydrant applied in this case. 3. That Consolidated Mutual has been putting in hydrants for $500. 4 Other houses on which it was not applied might have been built prior to passage of the law. S That a final inspection meant that the construction part of the house was complete and met the building code. Alderman Cavarra asked if earlier notice would have resulted in less hardship. The answer was affirmative. Alderman Hulsey said a person building a house had an obligation to look into the laws of the city, but the city also has an obligation to inform him so that in this case "the City is gUilty also." Alderman Abramson stated that temporary certificates of occupancy have been issued in the past, and Mayor Anderson stated this practice has not achieved compliance and he now felt money in escroul was preferable. Motion by Alderman Cavarra "I move that a Temporary Certificate of Occupancy for 30 days be issued to John Emge of 3342 Simms so that one of two things can be done a variance can be obtained from the Board of Adjustment or money put in escrow for a fire hydrant." Motion was seconded by Alderman Abramson. Alderman Donaldson said he considered the Motion improper and wuld vote against it. City Attorney Maurice Fox said issuance of a Certificate of Occupancy was by statute a function of the Mayor and Council could only request. Motion was amended to read "I move that the Mayor be requested to issue a temporary Certificate of Occupancy for 30 days to John Emge of 3342 Simms so that one of two things can be done a variance can be obtained from the Board of Adjustment or money put in escrow for a fire hydrant." Amendment was approved by the second. Upon determination of the schedule of the Board of Adjustment, the Motion was amended to change 3D days to 60 days. Amended Motion by Alderman Cavarra "I move that the Mayor be requested to issue a Temporary Certificate of Occupancy for 60 days so that one of two things can be done a variance can be obtained from the Board of Adjustment or money can be put in escrow for a fire hydrant." Amended Motion was approved by the second and passed 3-2. Aldermen Howard and Donaldson voted "nay." Dan Kennedy of 2667 Gray Street who stated 1. His family was growing and he needed to add onto his house. 2 His request for a permit was denied. 3. He was told he needed 60 feet for frontage and had 50 feet. He was told he needed 7200 square feet and he had 7000 bq. ft 4. He had not anticipated a problem because a neighbor on the same size lot was given a permit on May 15, 1973 and apartments were built behind him on less than 50 foot frontage. 5 He asked what the law was, what he could do and if he would have to wait until July 24, 1973 for a hearing with the Board of Adjustment. Mayor Anderson explained that Mr. Kennedy's home didn't conform to the Residential-Three District and that the Board of Adjustment could take action and that the City Council could not. MINUTES - June 21, 1973 - Continued -3- Richard Idler 1. 2. of 2659 Gray Street who stated Apartments were built behind him. The builders had removed his survey pins and cut out his fence. 3. He had shown the pins to Mr. Prose and Mr. Wagner was there also 4. Drainage had never been complied with, and yet the apartments had been occupied. There are six units. 5. The building is only 8 feet from where his pins were. 6. He and his neighbors had requested an alley. 7. He asked why individuals were prevented from building, but the same rules were not applied to the builders of apartments. 8. He asked where he might ask for relief. Upon request of Alderman Cavarra, City Attorney Fox said he would approach the Board of Adjustment in regards to additional meeting nights during the summer peak building season. Mrs Bonnie Scoma of 2859 Gray Street stated 1. The apartments referred to by Mr. Idler were on insufficient ground, and that there is a law against overbuilding. 2. They were twice turned down by the County. 3. They had received a Certificate of Occupancy which were given without a street dedication and without a drainage plan. 4. A bond issue to correct drainage had been discussed by the Task Force. She asked why the citizens should pay for this when the City allows more problems to be created. Leland Stewart, Chairman of the Planning Commission who said the Commission would like to contact a man who is qualified to be Planning Director. He said if he could contact him on Friday, he could be on the job in two or three weeks time. He had said the pay was agreeable and had requested moving expenses. Alderman Howard said this would be illegal and Alderman Abramson said it would be subject to passage of the Ordinance on second reading. City Attorney Fox said he could be offered the present pay with a higher rate to be paid upon passage of the Ordinance. Mr Stewart stated he would advise the person, he would contact him on June 29, 1973 A Public Hearing began for the request of a 3-way liquor license for Happy Traveler West Inc. dba Happy Traveler. A city investigation by Edward Sullivan indicated that out of 103 people contacted, 49 favored issuance of the license, 31 opposed, 10 had no opinion and 13 preferred not to sign. Three outlets presently exist in the one mile radius A city map showing existing outlets, the proposed outlet, the mile radius and area covered in the survey was labeled Exhibit A and entered into the record as were petitions marked City's Exhibit B,C, and D Officers of the corporation - Eugene Padon, Virle Burd, and T.J.Musslewhite were present and were represented by Attorney Benjamin Loye of 3785 Marshall. Mr. Padon, in answer to questions, stated they were not yet certain whether the existing building would be used or whether they would build to the plans submitted with the application. After discussion, it was determined the hearing should be continued until July 12, 1973 in order for the applicant to determine which plans would be used Motion by Alderman Abramson "I move the Public Hearing for a 3-way liquor license for Happy Traveler be continued to July 12, 1973 " Motion was seconded by Alderman Hulsey and passed 5-0. MINUTES - June 21, 1973 - Continued -4- Complete proc8edings of this portion of the hearing were recorded by Court Reporter Ruth Carsh. Motion by Alderman Abramson "I move the meeting of July 12, 1973 begin at 6 3D p.m. instead of 7 30 p.m." Motion was seconded by Alderman Hulsey 3-2. Aldermen Donaldson and Cavarra voted "nay." Mavor Anderson stated the Happy Traveler hearing would be posted for 6 3D p.m. Treasurer's Report for May was given by Finance Officer Walter Grande. Report indicated 45% of anticipated revenue had been received and 39.8% of the appropriation had been expended or committed. Amount on hand as of May 31, 1973 was $641,115.60 Mr. Grande stated that $42,000.00 of this year's revenue sharing money had not been appropriated. Resolution No 231 commending Rocco Gioso, former Chairman of the Personnel Committee, was introduced by Alderman Donaldson and read. Motion by Alderman HOWArd, seconded by Alderman Abramson and passed unanimously "That Resolution No. 231 be adopted." Resolution No. 232 commending Frank Callahan for his help regarding the Sod House was introduced by Alderman Donaldson and read. Motion by Alderman Howard, seconded by Alderman Abramson and passed unanimously "That Resolution No. 232 be adopted." Ordinance No. 134 amending Ordinance No. 117 - Pay Ordinance was introduced by Alderman Donaldson and read. Walter Johnson of the Personnel Department stated that the pay adjustments hffi been approved by the Personnel Committee. Motion by Alderman Howard "I move that Ordinance No. 134 be adopted on first reading and be ordered published and posted." Motion was seconded by Alderman Abramson and passed 5-0. Alderman Pepe was absent. PW-73-02 Public Works Project was presented by Glenn Taylor, Director of Public Works. Mr. Taylor stated project plans called for the street to be widened at Wadsworth, turn lanes at Lutheran Hospital and at Independence Street, turn outs for busses. The street would be 26 feet, gutters 2 feet, 2 feet unpaved between the street and a 4 foot walkway on the south side, and catch basins are 25 feet from the center of the road. In answer to questions, Mr. Taylor stated 1. The ROW is 60'. 2. The base preparation of the walkway would be adequate for bikes but not for a street. 3. Cost of a walkway on the north side was too htgh. 4. Traffic count didn't justify a turn lane on Holland to the high school 5. Walkway would be 11 feet from the edge of the ROW on the outside edge. 6 7. An apron would carry water to the catch basins. Four lanes from Wadsworth to Kipling would cost $500,000.00. Motion by Alderman Abramson "Whereas, the City of Wheat Ridge is desirous of improving certain surface and drainage deficiencies on West 38 Avenue between Wadsworth Avenue and Lee Street, and Whereas, plans and specifications have been prepared and bids solicited for performance of these improvements, and Whereas, Asphalt Paving Company has submitted the low bid for performance of these improvements, I therefore move that Mayor Anderson be authorized MINUTES - June 21, 1973 - Continued -5- to BntBr into contract with Asphalt Paving Company for work as described in PW-73-02, Right of Way Improvements, 1973 I further move that Mayor Anderson be authorized to enter into agreement with F.M Fox and Associ- ates for materials testing for Project PW-73-o2. I further move that an expenditure not to exceed $225,539.50 be approved for Right of Way Improvements, 1973. Said funds being available from Accounts 431.3, Construction Rehabilitation, and 731, Transportati on - Highways and Streets Rehabilitation Contracts with disbursement as follows Account 431.3 $120,163.50 Account 731 105,376.00 Total $225,539.50. Expenditures Amount Not to Exceed Asphalt Paving Co- mpany (contract) $198,945.00 Contingency (10% of contract) 19,894.50 Testing (F M. Fox & Associates) Full/Part time In- 3,000.00 spector 3,500.00 200.00 $225,539.50 II Cavarra. Wheat Ridge Water Total Expenditures Motion was seconded by Alderman Alderman Howard stated the City should be getting more for He asked for 4 lanes from Wadsworth to Estes at least, i.e improved and he said that he would vote against the Motion the cost. 4 lanes Question was called and Motion passed 4-1. Alderman Howard voted "nay." The matter of budget revision for Mass Transit and Street Lights was brought up and Mr Grande was asked to see that both were put on the Agenda Alderman Howard reported on the DRCoG Council's action which approved Kipling and 38 Avenue as a part of the regional highway plan. He said a Motion by him to delete Kipling from Hampden to 1-70 was defeated 11-4 and a Motion by him to remove 38 Avenue died for lack of a second. The plan as adopted by COG (by action of the full COG Council) would go to the highway department and then to RTD, both steps bang necessary prerequisites to federal funding. He added that a bad environmental impact study which is required could mean no federal funds. Alderman Cavarra said that the environmental impact study had shown that a Kipling Freeway was not feasible. Alderman Abramson asked that a letter stating the cities objections and also that JRPP and COG had refused to cooperate with the City of Wheat Ridge be sent to the State Department and all highway related state agencies. Alderman Howard clarified that the COG staff had prepared a list of the objections of Wheat Ridge and all others and had turned it over to the full COG Council which in turn had made the decision. Meeting was acjjourned at 11 10 p.m , Louise F. Turner City Clerk / :-( / , - /