HomeMy WebLinkAbout02/20/1975
MINUTES
February 20, 1975
ThB two hundrBdth and seventy-sixth regular meeting of thB Wheat
Ridge City Council was called to order at 7 00 p.m. by Mayor
Homer Roesener at 4355 Field Street.
Aldermen present were
Hulsey, Larry Merkl and
arrived at 7 30 p.m.
Mary Jo Cavarra, Joseph Donaldson, Calvin
Louise Turner. Alderman Robert Howard
Also attending were City Administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, staff and interested citizens.
The Committee for a Better Wheat Ridqe was present. Bill Cornelison,
Chairman stated they would like for Council to make the Harlan Street
Drainage Project the number one priority, and they wanted it made
clear to them that all the funds are earmarked for capital improvements.
It was stated that this was the general understanding of Council.
Clare Traylor, Chairman stated she would also like it clarified if
the sales tax question passed and the bond issue didn't that a
large percentage of the revenue would go into drainage and flood
control. Alderman Hulsey stated if this happened then he felt the people
wanted their drainage projects taken care of on a pay as you go basis.
It was stated that the Jeffco Open Space Tax is earmarked so why couldn't
the City's be. City Attorney Fox suggested contacting the Bond Attorney
Mr. Bob Johnson for his recommendation. Aljerman Turner suggested
passing a Resolution declaring the intention of the Council in regards
to how the sales revenue would be spent.
Motion by Alderman Turner
be tabled until next week."
and passed 6-0.
"I move that consideration of the Minutes
Motion was seconded by Alderman Merkl
Mayor Roesener awarded framed resolutions commending students from
Jefferson High School for their appearance on the television show
"It's Academic." The students were Frances Laue, Curtis Hahn and
David Shirley. All three were present along with their school principal
Mr. Phillips.
Public Comment was made by
Steve Garcia the Union Representative for the employees who had
joined the union and were seeking recognition, and he stated that
when he had appeared before Council he had requested a statement by
tonight in regards to the City allowing an election of the employees
for joining 3 union. Mayor Roesener stated he hffi been out of
town, and he would get together with Council on the matter in an
executive session. Mr. Garcia asked if the executive session could
be tonight and the Mayor said "no" they would follow the Agenda.
Mayor Roesener stated that a Saturday Meeting on 2/22/75 had been
called for the Council and the employees and he stated it was in
violation of Ordinance No. 46 (5-14) and that he would not attend and
the City Administrator would not attend. Alderman Turner stated
she had requested the meeting after the majority of the Council
had agreed and that the meeting was for communication. It is not
a grievance hearing, no official action wO'Jld be -taken ald the City
Attorney had advised her it was not in violation of the Ordinance.
Mr. Don Voqt, attorney stated he was representing Michael Watson
who was buying the Good Times Saloon (formerly known as the Carefree
Lounge) and c,har. police clearnace had been received Wednesday and that
the dosing was scheduled for 2/28/75 so they WJuld like the hearing
held -tonight. He stated -they would waive any notice requirement.
The Chair ruled the case would be heard tonight.
MINUTES - 2/20/75 - Continued
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The lease agreement with Denver School of Gymnastics for Girls
was deferred until the needed information could be obtained.
Motion by Alderman Hulsey "I move that the City purchase concrete
steel forms from King and East Machinery Carp. at 2050 Bryant Street
at a cost not to exceed $4,053.37 to be charged to Account No. 731."
Motion was seconded by Alderman Donaldson and passed 5-1. Alderman
Turner voted "nay." A report had been given why only one company bid.
Motion by Alderman Hulsey "I move that Hartley T. Wolfe at 3736 Vance
Street be appointed to the Mass Transit Committee (for a three year term.)"
Motion was seconded by Alderman Merkl and passed 6-0.
Motion by Alderman Cavarra
Mass Transit Committee (to
3/14/75) one week." Motion
passed 6-0.
"I move we defer the appointment on the
fill the term of Eugene Bartlett starting
was seconded by Alderman Donaldson and
Mr. Don Moyle, attorney was present for the Preliminary Hearing for
AnnBole Inn at 3935 Wadsworth Blvd. for a Class G liqUor license.
Motion by Alderman Turner "I move that a Public Hearing be set for
a Class G liquor license for Annbole Inn Inc. at 3935 Wadsworth Blvd.
on March 27, 1975 and that the neighborhood boundary be set at a one
mile radius from the premises which can be increased or decreased
in accordance with evidence presented at the hearing." Motion was
seconded by Alderman Cavarra and passed 6-0.
MS-74-o4 Minor Subdivision at the corner of W. 30 Avenue and Lamar was
scheduled for Public Hearing. The applicant was Richard O'Dell.
David Shelleyof the Planning Department stated the area is presently
zoned Residential-one-A. Dennis Zwagerman stated a development agreement
had been signed in regards to paving. Alderman Hulsev felt money
should be held in escrow instead. Alderman Cavarra felt that if the
improvement is not done in the near future then the money held in escrow
is not enough. Dennis Zwagerman stated that in the near future Council
should make a policy statement on this subject. Alderman Merkl stated
that the street may be paved in the near future because this is one
of the projects that he and Mr. Donaldson are working on. Alderman
Turner pointed that this is a small area that has no improvement on
either side. Mayor Roesener stated the street widths and placement
of curb and gutter need to be determined for the whole city.
Georqe Ashen, attorney for Mr. O'Dell stated that they estimated they
would tie up $6,000.00 in escrow which is prohibitive far the applicant
who only wants to build his home there. The surrounding area is basically
undeveloped and when street paving is required his applicant would then
pay his share.
Alderman Donaldson Sated that people had complained of the dust and
wanted the street developed.
Motion by Alderman Turner "I move Minor Subdivision Case MS-74-04
be approved." Motion was seconded by Alderman Cavarra.
Motion to Amend by Alderman Merkl "I move that an escrow account be
established for improvement of the stree~ as determined by the Public
Works Department." Motion was seconded by Alderman Howard and passed
4-2. Aldermen Turner and Cavarra voted "nay." Alderman Merkl clarified
that paving is for both streets.
Question was called on Amen~~Motion and passed 6-0.
I.
Rezoninq Case WZ-7S-01 at 2942 Fenton Street from Residential-Three
to Residential-Three-A was scheduled for Public Hearing. Wheat Ridge
Manor Nursing Home was the applicant which was requesting that the
area in question be rezoned so that it could be used for parking space.
Planning Commission had recommended approval.
Alderman Merkl and Howard questioned when the nursing home had requested
a rezoning to build their addition last year if the plans had been
followed etc. and why they needed more parking now. Dennis Zwaqerman
MINUTES - 2/20/75 - Continued
-3-
explained that that previous rezoning put the zoning into conformance
ao that an addition could be built and it would be legal to build
right now, but that the nursing home now wants to preserve its
present landscaping where the parking would be, so they want to
rezone other land for parking. Alderman Cavarra stated that
no lot coverage limitation was required, so the existing landscaping
could be ripped out and it would be legal.
Alderman Hulsev stated he was~arful that apartments could be built
on the land and it didn't have to be for parking and questioned if
the parking could be screened. Mr. Zwaqerman stated the present zoning
allows apartments.
Mrs. Ruda, Administrator of the Nursing Home stated the addition that
had been planned had not yet been built, that the plans were not
different and that the Certificate of Need from the state took 1 year.
She stated that during the previous rezoning the parking spaces they
were told they needed did not include employees lllU1 the parking
requirements per bed and that they were told they could have the
landscaping there already because the count was different.
No one appeared in opposition.
Motion by Alderman Cavarra "I move that Rezoning Case WZ-75-01
be approved for these reasons
1. It's approved by the Planning Department and Planning Commission.
2. The parking is required in order to meet requirements of the
City.
3. The rezoning will keep the nursing home from haVing to tear
up landscaping in front of the building. II motion was seconded by
Alderman Turner and passed 4-2. Aldermen Howard and Merkl voted "nay."
A Public Hearinq was held to amend Ordinance No. 98 the Zoninq Ordinance.
Dennis Zwagerman, Director of Community Development proceeded to explain
the ordinance.
1. Section 1 would allow service stations in Commercial-One
zones as a special use by the Planning Commission.
Alderman Hulsey noted that car washes are allowed under C-1 and Mr.
Zwagerman agreed that car washes should be deleted on Page 84 as Item 16.
2. The othr sections pertain to landscaping requirements in the
follOWing zones PRD, MHI, R-C-1, R-C, C-1, C-2, PCD and I. The
placement of landscaping is controlled.
Alderman Turner mentioned that in current shopping centers it is
hard to meet the requirement if expansion is desired, and she would
rather see old established commercial be developed than new ones which
encroach on residential areas. Alderman Merkl asked if the landscaping
could be waived, and Alderman Hulsey suggested a variance. It was
stated that the modification or remodeling allowance be increased
in percentage on areas that are non-conforming use, thus allowing
the business to remodel without the landscaping req~irement.
Alderman Turner stated she felt many people with a large investment
did not feel they could afford to be nan-conforming. She also mentioned
the requirement an commercial land of allowing only 1 building per lot
and stated that a shopping center has to subdivide or meet the PCD requirements
to add another bUilding and recommended that for existing commercial
areas they be treated like the industrial zoning which allows unattached
buildings.
Non-conforming use which is now required to be removed in 15 years from
the date of the law was recommended to be changed by Alderman Turner.
Alderman Merkl disagreed and stated he felt some non-conforming use
be removed at that time.
Mr. Jerman recommended that the 5% be raised to 50% or less of improvements
on the building or property be exempted from the provisions.
MINUTES - 2/20/75 - Continued
-4-
Motion by Alderman Ho~ard "I move that this item (amending Ordinance
No. 95) be placed on the March 6, 1975 5tudy Session." Motion was
seconded by Alderman Donaldson and WAS DEFEATED BY A VOTE OF 5-1.
Alderman Howard was the sole "aye" vote. ** Said vote was taken after
the Motion below by Ald. Cavarra which was ruled out of order.
John Zall, attorney for Mars Oil stated that his applicant was
planning to remodel for an amount of $50,000.00 and their rezoning
request for C-2 zoning had been turned down because they had been told
that this amendment was in process and they wanted Council to act
on the section of the ordinance that pertains to this.
Bob Williams of 9995 W. 49 Avenue stated he was interested in
seeing the zoning use section changed, and that in regards to landscaping
the requirement is tolerable when starting from the beginning but it
is extremely difficult for some existing businesses.
Mr. Jerman stated that artificial landscaping should be deleted.
Alderman Hulsev stated he felt that at times especially right along
the street artificial and artistic landscaping is better. Mr. Zwaqerman
stated the Planning Commission had felt that artificial in combination
of 2 or more types of landscaping is advisable at times.
**Motio~ob~m~~g~rman Cavarra "I move that we table the discussion of
changes to this Grdinance until the March 6th, 1975 Study Session
to (be incorporated) an second reading concerning eXisting developments."
Motion was seconded by Alderman Turner. No vote was taken. (See above.)
Ordinance No. 172 amending Ordinance No. 98 was introduced by Alderman
Merkl and was read.
Motion by Alderman Merkl "I move that Ordinance No. 172 be adopted
on first reading and be ordered published and posted and that the
title be changed to read 'Title. An Ordinance amending Ordinance No. 98
Series of 1971, an Ordinance which established oomprehensive zoning
regulations (as suggested by Alderman Howard.)" Motion was seconded
by Alderman Donaldson.
Motion to Amend by Alderman Turner "I move that Section 1. be approved
and Section 2-8 be deleted and Section 9 and 10 be renumbered 2 and 3."
THERE WAS NO SECOND AND MOTION DIED.
Question was called on original Motion and passed 5-1. Alderman Turner
voted "nay."
Change of ownership for Carefree Lounge to Michael Watson was taken up.
Mr. Vogt attorney for the applicant stated that an existing liquor
license exists. Michael Watson was sworn in and he stated he was
a U.S. citizen, had no criminal record, had never been convicted of
a felony, he has made proper application far a change of ownership,
he will be the manager and he is 25 years ald. The name of the
establishment is to be changed to the Good Times Saloon.
Motion by Alderman Merkl "I move that Council has found that there
is in existence a Class G liquor license at 4990 Ward Road in the name
of Carefree Inc. and consequently there is no need to establish the
needs and desires of the neighboring residents as the desires have
been established prior, and that Michael Watson be issued a new license
at that location." Motion was seconded by Alderman Turner and passed 5-1.
Alderman Howard voted "nay."
Motion by Alderman Merkl "I mo~ that Ben Chastain be appointed as
an Alternate to the Board of Adjustment who lives at 3250 Marshall Street."
Motion was seconded by Alderman Donaldson and passed 6-0. Alderman
Turner suggested that he be a regular member, and Bonnie Scoma~ated
that usually the existing alternates are moved up as regulars.
Motion by Alderman Hulsey "I move that Mike Boorman of 3500 Miller
be appointed an Alternate on the Board of Adjustment." Motion was
seconded by Alderman Donaldson and passed 6-0. (Said appointment
took care of Bill Greene's resignation which was announced on the Agenda.)
MINUTES - 2/20/75 - Continued
-5-
Motion by Alderman Merkl "I move that we authorize the improvements
to the Anderson Building (as recommended by Mr. Horton) for a total
cost not to exceed $483.52 to be charged as follows Account 461.21-
$273.52, and Account 462.21-$210.00." Motion was seconded by Alderman
Hulsey and passed 4-2. Aldermen Turner and Howard voted "nay."
Alderman Turner Sated she was opposed to taking out the chain fence Improvemente
are: slnk, concrete pad & bike rack and red cedar split rail fence in front.
Resolution No. 375 was introduced by Alderman Donaldson changing
the City Council Meeting Night to Monday starting June 2, 1975 and
was read.
Motion by Alderman Turner "I move Resolution No. 375 be tabled in-
definitely." Motion was seconded by Alderman Howard and was defeated
4-2. Aldermen Cavarra, Donaldson, Hulsey and Merkl voted "nay."
Alderman Turner requested that Council reconsider this because she
had a conflict.
Motion by Alderman Donaldson "I move that Resolution No. 375 be
adopted." Motion was seconded by Alderman Cavarra and TIED 3-3.
Aldermen Howard, Merkl and Turner voted "nay.' Mayor Roesener
voted "aye" AND MOTION PASSED 4-3.
Motion by Alderman Hulsey "I move that the regular Council Meeting
of May 29th, 1975 be dropped (to allow for proper time sequence for
the June 2, 1975 meeting.)" Motion was seconded by Alderman Donaldson
and passed 6-0.
Motion by Alderman Merkl
and adjourn at 11 30 p.m."
and passed 6-0.
"I move we continue another 25 minutes
Motion was seconded by Alderman Cavarra
Motion by Alderman Merkl. "I move that the City TreaSurer be authorized
to pay the DRCOG dues in the amount of $2,100.00 to be charged to
Account No. 410.50." Motion was seconded by Alderman Howard and
passed 6-0.
Motion by Alderman Howard "I move for authorization for payment of
work currently done by Alexander Grant & Co. the City's auditors in
the amount of $2,000.00 to be charged from Account 415.32." Motion
was seconded by Alderman Hulsey and passed 6-0.
Mayor Roesener reported that due to a protest filed by Art Councilman
stating that Jack Prose's position should have been advertized, that
the Personnel Committee recommended that the position of foreman
remain with Mr. Prose on a temporary basis which will be opened for
competitive applications, of which Mr. Prose will rnve to compete.
He also stated there would be an Executive Session on personnel
matters after tonight's meeting.
The Revenue Report for the month of January 31, 1975 had been distributed
and no comment was made.
Mr. Jerman stated that Mr. Walter Grande was resigning as of 2/28/75.
Motion by Alderman Turner "I move that we approve the request of
the Director of Parks to purchase carpeting for his office in lieu
of a calculator and file cabinet at a cost of $249.00." Motion was
seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay."
City Attorney Fox requested authorization to proceed on the following
1. A lien had been filed on the police building at 10900 W. 44 Avenue
by contractors who have not been paid by Mr. Gantenbein (the previous owner.)
2. Al Mora is another concrete contractor who is threating a lien
and has not been paid by Mr. Gatenbein.
3. The Austins have a claim that they own some of Wheat Ridge (City)
Park and he feels this could be settled by quiet title action etc.
4. At W. 44 Ave. & Jay there is a question of the legality of
MINUTES - 2/20/75 - Continued
-6-
parking bus8s for T8pair and sa18 at a clos8d service station,
and if it is in fact illegal after research, then an injunction
for relief can be filed.
Motion by Alderman Turner "I move that we authorize Mr. Fox to
proceed with the first 3 items, i.e. Gantebien's two contractor
problems and the Austin matter." Motion was seconded by Alderman
Donaldson and passed 5-1. Alderman Donaldson seconded the Motion
and Motion passed 5-1. Alderman Hulsey voted "nay."
Motion by Alderman HulseV "I move that the fourth item
W. 44 Ave. & Jay) be looked into by the City Attorney."
seconded by Alderman Donaldson and passed 5-1. Alderman
voted "nay."
(buses
Motion
Turner
at
was
Alderman Howard asked about the City's sign for the park on W. 44
Avenue and Field. Mayor Roesener stated that he objected to Mr.
Opie's comments that he was being intimidated and he still thinks
the Board operated in error and that this is a consideration for
the good of all citizens.
Alderman Cavarra mentioned the Municipal League was having a dinner
on legislation on MaTch 13, 1975 but it was noted the meeting should
not be cancelled for Council due to several public hearings.
Meeting was adjourned at 11 45 p.m.
There was an executive session afterwards on personnel matters.
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