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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 -2- 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. l ? \ {.., .--<.J y Clerk APPROVED ~f!b' I 7 / 7(J J. '~ , , /