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HomeMy WebLinkAbout02/27/1975 MINUTES February 27, 1975 The two hundredth and seventy-seventh regular meeting of the Wheat Ridge City Council was called to order by Mayor Homer Roesener at 4355 Field Street at 7 30 p.m. Aldermen present were Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry ~Ierkl and Louise Turner. Alderman Mary Jo Cavarra arrived later in the meeting. Also attending were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. It was noted that there were some typographical errors in the Minutes of February 20, 1975 and it is to be corrected and redistributed. Motion by Alderman Turner "I move that the Minctes of February 6th and 13th be approved." Motion was seconded by Alderman Merkl and passed 3-2. Aldermen Howard and Hulsey voted "nay." Treasurer's Report for January was scheduled. He stated the receipts were underestimated for January and that the ones received for February are about $20,000.00 less than 1 year ago. Semi-Annual Police Pension Fund Report was also given by Mr. James Malone, City Treasurer. He stated the total assets were $232,295.65 and there were no liabilities. He projected that in the next three years the fund would reach $500,000.00. Mayor Roesener stated he did al- outstanding job of managing the fund. Alderman Howard objected to spending revenue in the General Fund until it was received as in Revenue Sharing. Mr. Malone and Mr. Jerman dis- agreed and it was stated that the revenue is guaranteed from Revenue Sharing and the only problem is disbursement. Public Comment was made by Peter McCormack of 6405 W. 31 Avenue and Mr. Lockridge presented a petition requesting that Lamar Street between W. 32 Avenue and W. 30 Avenue be paved and be a top priority for the 1975 projects. They stated that the street was a health hazard and had been on the paving list for 4 years. Alderman Turner stated that the policy had been to give preference to streets that are developed on both sides, and that there are some streets such as this that have been on the list 2 years. Alderman Hulsev suggested that the Subdivision Regulations could have the requirement that when an area is developed and the street was previously paved, that the subdivider must pay for it. City Attorney Fox stated he would look into it. A signed development agreement was also suggested that would include all heirs etc. Mr. Norman Anderson of 12495 W. 32 Avenue stated he had retained 2 building construction engineers in a civil suit regarding code violations on his house and he requested that he receive the transcript and tapes on the first hearing the City conducted. He was requested to send the request in writing to the City Administrator. Rezoning Case WZ-74-2o was scheduled for Public Hearing. Applicant was Jet Precisian Inc. at 12200 W. 52 Avenue requesting rezoning from Agricultural-Two to Industrial. David Shelley stated the Planning Department recommends approval. It was stated by Council that they needed to see the plans ahead of time and that they had not received either plans nor drawings showing the dimension and the surrounding area, and that in the future they would like to receive them. Mr. Shelley stated that a 60' ROW easement is required and it will be a private street, but at a later date a dedication may be required. He statn the Land Use Plan show industrial use for the area. MINUTES - February 27, 1975 - Continued -2- Dennis Zwaqerman, Director of Community Development stated that any development requlies access to a public street which is W. 52 Avenue. Phil Lowery, attorney for the applicant appoligized that enough plans had not bee sent. Alderman Ho~d asked if sodding was planned and is landscaping provided, and Mr. Lowerv stated that they plan to comply with the requirements and make it attractive, and that the "last plan I saw" provided landscaping. Alderman Turner asked why he felt the land should be rezoned and he stated it is in industrial zone of the City and it appears to be the proper use and it is close to Jolly Rancher. He stated there was a filling station (at the corner of Ward Rd. and 52nd Ave.), then undeveloped area, and a residence and then the property in question. It was clarified that there is residential use in the adjoining land to the property that is already zoned industrial. It was stated that the applicant was not rezoning all of the land because this would be the first phase of development, and if rezoned they would start right away. Mr. Fred Cerakey was present who was the owner of Jet Precision. Appearinq in Opposition were Mrs. Carolyn Ritz of 5115 Swadley who stated there was no access from her subdivision goi~ west other than W. 52 Avenue. 1. There was not industrial use in the area. There was a school, gas station and houses. 2. Children use W. 52 Ave. to go to school and she objected to them walking past a factory and the area should be for children and a living area. 3. Trucks would go in and out and it is hard to see a pedestrian over the cab. 4. She had lived 12 years in her house and had tried many times to stop industrial zoning. Mr. Michael Ritz from 5115 Swadley stated 1. They had had protective covenants in their residential area and had fought many tim~ Jefferson County, had joined the Fruitdale Civic Assoc. 2. The area is residential, and the fact that a factory is there does not preclude the rights of the residents. 3. It is a school area. 4. People are entitled to consideration, the safety of their children and the preservation of their property value. S. In answer to a question he stated that it had been residential continuously for 13 years, and that JollV Rancher does not front on the street of the land in question. Alderman Howard stated this was the first industrial zoning north of the railroad tracks bV the City of Wheat Ridge, and the adjacent industrial zoning must have been done by the County. Larry Peterson of 5110 Swadley stated 1. Drake Jr. High will be on Concept 6 and it will be dark for the children walking, there are no sidewalks or lights along W. 52 Avenue, it is narrow and it is not safe for pedestrians. 2. There is industrial land south of the tracks along Ward Road and has been for sale for 2 years. Mayor Roesener asked the applicant if large trucks would be used and he stated he would use a half ton and 34 ton wagon once a week, and a large truck would bring in the metal. He stated he would have 25 to 30 employees. He said salesmen's cars would drive in the place. MINUTES - February 27, 1975 - Continued -3- Mrs. Peterson stated it is a route for shopping, the junior high and Arvada West High School, and there is already fairly heavy traffic in the area. Alderman Hulsey asked how many homes could be built in the same area and that if it was 30 then there would be more traffic from the residences. Mr. Kay of 5186 Simms Place stated his house was originally on agricultural land and the Jeffco Master Plan did not show industrial etc. but the Jeffco Planning Commission overruled the master plan. He stated he wanted a greenbelt not blacktop and he recommended that the Council go and see the area in question. Claudia Wirth of 4650 Oak stated she did not know the anE was 30 acres, and it is a small company now and if zoned could come in with anything. Mayor Roesener stated testimony would be confined only to the property and not what mayor may not happen in the future. Alderman Turner suggested that Mrs. Wirth be heard. Mr. Wirth stated she would lie to see the plans and the property could be sold as industrial. Mr. Ritz stated he wasn't sure that only the employees cars in and out would be the only vehicles, and Mayor Roesener stated that applicant had stated what would be used and that a tractor and/or flat bed were not going to be used. Dennis Zwaqerman stated when an application for a building permit is made it has to be for the specified use, and if different it would go back to Council. Mrs. Ritz asked if Jolly Rancher being in the area would influence the vote and then if this was passed tonight would that rezoning influence another request. Mayor Roesener stated the rezoning is based only testimony given at the Public Hearing. Motion bV Alderman Howard "I move that Case WZ-74-2o be continued one week for a decision and that in the meantime Council can review the plans." Motion was seconded by Alderman Turner and passed 6-0. Alderman Cavarra had entered the Chambers. Amendatory Resolution reqardinq Sales Tax and Bond Election was brought up next upon recommendation of Alderman Merkl. Bond Attorney Bob Johnson was present and stated the resolution was to correct clerical errors. Resolution No. 376 was introduced by Alderman Hulsey and was read. Said Resolution was amendatory resolution for the sales tax and bond election. Motion by Alderman Merkl "I move that all rules of the Council which might prevent, unless suspended, the final passage and adoption of such resolution at this meeting be, and the same hereby are, suspended for the purpose of permitting the final pasaage and adoption of the resolution at this meeting." Motion was seconded bV Alderman Hulsey and passed 6-0. Motion by Alderman Donaldson "I move the resolution (No. 376) be adopted and passed as introduced." Motion was seconded by Alderman Hulsev and passed 5-1. Alderman Turner voted "nay." Alderman Howard asked if the resolution was binding on future City Councils. The Resolution was stated bV Mr. Johnson to be binding on the issuance of the bands. Mr. Johnson stated the purposes spelled out for bonded indebtedness must be read in context, and he stated it had been his experience that if the definition is made too narrow itr~orse than if too broad. MINUTES - February 27, 1975 - Continued -4- Alderman Cavarra questioned if the sales tax was approved and the bond issue failed how binding was the provision of the ordinance t.hat the tax money would go for drainage, capital improvements and other related expenses to future Councils. Mr. Johnson stated he felt it would be improper not to use the money at the meeting of Februarv 5th priorties which were mentioned. The first priorit.y would be for principal and interest on bonds, then directly for capital improvements and then for any other lawful improvement, and would be binding unless changed at an election. Alderman Cavarra she was concerned if t.he bonds did not pass and the money was not encumbered. Mr. Johnson stated the resolution and ordinance would still require that the money be used in this priority in his view, and the ordinance could not be changed without an election. The Clerk read the title of Ordinance No. 169 for the increased sales tax and stated the ordinance had been published on 2/12/75 in the Wheat Ridge Sentinel and a publisher's affidavit had been received. Motion by Alderman Merkl "I move that such affidavit be filed and preserved among the records of the City Clerk." was seconded by Alderman Donaldson and passed 6-0. received, Motion The Mavor asked if any person was present who was interested in the Ordinance. Mrs. Nancy Snow of 11155 W. 40 Avenue asked about the Resolution of intent which was on the Agenda, and questioned if the wording in the ordinance was the same, and asked what was in the ordinance. The ordinance statd the revenue was for capital improvements and the Resolution stated for any lawful purposes determined by Council based upon the needs of the City. Motion by Alderman Donaldson "I move that all rules of the Council which might prevent, unless suspended, the final passage and adoption of such ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of the ordinance at this meeting." Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Merkl introd~ced and published was seconded by Alderman voted "nay." &1 move that the ordinanec (No. 169) heretofore be now finally passed and adapted." Motion Donaldson and passed 5-1. Alderman Turner Alderman Cavarra requested a complete packet of the Resolution and Ordinance. The Resolution of Intent for use of the sales tax was brought up and Mr. Johnson stated he felt it was superfulous. Mr. Fox stated "why create ambiguity." It was decided that an outline of points and/or a factual sheet could be drawn up and could be adopted by simple Motion. Alderman Merkl stated the whole intent of the bond and sales tax was drainage "first, last and always." The resolution is not to be used. Alderman Turner stated she felt drainage could be done on a step by step basis. It was stated that the bond committee had requested some clarification of the use of the sales tax funds, and that Council had directed that a resolution be drafted. Alderman Cavarra stated that it had been her understanding when she had asked earlier that the sales tax was binding for drainage as a prioritv~ and to go far anything else would have to go to the vote of the people. Mr. Johnson stated "If I said drainage that was inadvertent. I meant to say capital improvements. If the bonds passed, they of course are issued for drainage." Mrs. Cavarra stated "Let's forget bonds." Mr. Johnson stated "Alright, if that question fails, then the preamble~ in the ordinance, the la~ preamble, says that as far as additional~~~ concerned, Council shall use those proceeds to defray indirectly the cost of capital. Well, that's the bonds. And it has an 'if any' there obviously, contemplating no bonds may be issued which would be the case if the bond question doesn't carry. Then to pay directly with any remaining proceeds from such additional tax 'the cost of such capital improvements.' And we've referred to capital improvements, it's the bond issue question that pins MINUTES - February 27, 1975 - Continued -5- it down to drainage.... And thereafter, to expend any remalnlng proceeds from additional tax for anyone or more lawful purposes as determined by the Council." Alderman Cavarra stated then that the tax proceeds could go for any lawful capital improvements, and if any resolution was passed binding this money for drainage would future Councils be obligated. Mr. Johnson stated yes legally it would bind them and agreed with her first, statement. He cautioned the inadvisability of tying money only to drainage for the far future. Approval of remodeling permit for the Good Times Saloon owned by MicBael Watson was scheduled next. Mr. Watson stated there would be no structural change. Motion by Alderman Turner "I move that the remodeling permit for Michael Watson dba the Good Times Saloon at 4990 Ward Road be approved." Motion was seconded by Alderman Merkl and passed 6-0. Motion by Alderman Cavarra "I move that Larry Watson (9755 W. 37 Ave.) be appointed to the Mass Transit Committee for a three year term." Motion was secondd by Alderman Merkl and passed 6-0. Alderman Cavarra made the Motion that Frank Henderson b8 appointed a regular member to the Board of Adjustment. It was stated that the Board was to decide. Alderman Turner stated that Council should concur with their recommendation. Mr. Jerman was to check the State requirement in the Statutes. Resolution No. 377 was introduced by Alderman Merkl and was read. Said Resolution pertained to budget changes in tffi Public Works Dept. to implement reorganization. Motion by Alderman Merkl "I move that Resolution No. 377 be adopted as read." Motion was seconded by Alde~man Donaldson, and passed 4-2. Ald8rmen Howard and Turner voted "nay." the Mayor announced that 2 proclamations had been passed. 1. Bicycle Safety Week from March 2 through 8, 1975. 2. Knights of Columbus Days from April 13 through 19, 1975. Motion to adjourn passed 4-2. Aldermen Hulsey and Turner voted "nay." Meeting was adjourned at 11 00 p.m. An Executive Session was hald after on property acquisition matters. APPROVED I W~~ ~/;I/;G ~ xxxxxxxx City Council Minutes zzzzzzzzz " To John Jerman From ~ '--~ A~_ J!j _ Word A. lIortnn . (~ -' February l2, 1975 __~ f L~/. -J. . Subject BELOw Date Approved Date STUDY SESStON ITEM POLICIES, SPECIAL USE FEES AND APPLICATION FOR THE USE OF THE ANDERSON BUILDHlG - -- - - - - Attached are the following documents, that hava been adopted by the Parks and Recreation Commission and are hereby forwarded to the City Council for their consideration and approval 1. Policies For The Use Of The Anderson Community Building 2. Special Use Fees For The Anderson Community Building CITY OF WHEAT RIDGE DEPARTr~ENT OF PARKS & RECREATION P. o. BOX 610, 4350 GARRISON STREET WHEAT RIDGE, COLORADO B0033 ANDERSON COMMUNITY BUILDING SPECIAL USE FEES Community Groups GYM $15.00 (2 hr minimum) + $5.00 each additional hour or portion thereof t.'UL TI-PURPOSE ROOt~ HIrJI-CONFERErJCE ROOM PRE-SCHOOL ROOf'-1 RESIDENT DAY USE After 5 PM and Weekends Non-resident day use After 5 PM and Weekends, NO CHARGE $5.00 per hour $3.00 per hour $6.00 per hour ComneJcial or Private Gro~ GYM $25.00 (2 hr minimum) + S10.o0 each additional hour or portion thereof HUL TI-PURPOSE R O[J.1 mNI-CONFERENCE ROm PRE-SCHOOL ROOM SlO.oO per hour ADOPTED BY THE PARKS & RECREATION COt1iHSSIoN 2-5-75 PAGE two POLICIES FOR THE USE OF THE ANDEf~SON Coi>lHWnTY BUILDING 1. Groups or organizations using the facility must complete the building use application, prior to use. 2. Facilities may not be used for activities such as political campaigning or religious services. 3. Requests for building use should be made a mlnlQUm of one week in advance and may not be filled out for a period exceeding three months in advance of the date of use. 4. Groups or organizations desiring use of a facility on a limited basis may do so. However, regular Weekly or monthly schedules will not be accepted for any individual, group or organization for period exceeding two months. s. Community building hours shall be Monday through Friday from 8 30 A.M. to 5 00 P.M. and 5 00 P.M. to lo 00 P.M. Special arrangeQents must be made for Saturdays and Sundays. All activities and programs will, unless permission has been granted, end by 10 00 P.M. - 5. The priorities for the scheduling of the building are as follows lst City of Wheat Ridge activities, programs and meetings. 2nd Wheat Ridge based clubs and organizations of an educational, recreational or civic nature. 3rd Non-resident clubs and organizations, and commercial and private groups. 7. The Special use fee for the building must be paid prior to the scheduled date of use. 8. No animals are allowed in the buildino 9. Absolutely no alcoholic beverages will be allowed. - 10. There are no special facilities for the preparation of food, therefore the serving of food will be limited. ll. Street shoes are not allowed in the gym. The gym is for sports use only, with the appropriate personal uttire. 12. All building userS will furnish their own equiprnent and materials, unless specifically designated on th~ special use application. 13. The Department of Parks and Recreation will not be responsible for lost or stolen articles during time of use by an individual, group or organization. l4. Only the area or areas designated on the facility special use application will be available to the applicant. (Equipment, etc., will not be available unless requested on the application). 15. Requests for fund raising, benefit type activities and any waiver or exception to these policies or fees will be reviewed by the Parks and Recreation Commission on an individual basis. l6. Any damage caused by an individual, a group or an organization will be their responsibility to pay for such damage. l7. The Department of Parks and Recreation reserves the right to cancel any request made. Adopted by the Parks & Recreation Commission 2-5-75 PAGE three CITY OF WHEAT PIDGE DEPARTMENT OF PARKS & RECREATION 4350 GARRISON STREET WHEAT RIDGE, COLORADO BOG33 APPLICATION FOR BUILDING USE SPECIAL USE FEE S~________ D!~ TE PAID ORGA~j IZAT ION NO. IN ATTENDANCE PHDrJE TODAY'S DATE APPLICANTIS NAME ADDRESS FACILITY WILL DATE(S) TO BE BE USED FOR THE PURPOSE OF USED 19 HOURS (A.l'l.) (P.M.) TO (A.M.) (P.M.) DAY - Anderson Community Building ()Gym ()Multi-Purpose Room ()Mini-Conference Room ()Pre-school Room Other () () Chairs ()Movie Screen ()Blackboard ()Sports net Other () Do you plan to have any food? OESCR IBE The Scheduling of Wheat Ridge City meetings or programs could cause a ch3nge or cancellation of The Facility Requested. NOTE All special use fees must be paid to the City of Wheat Ridge prior to the rental dates requested. NOTIFICATION OF CANCELLATION must be given to the Park and Recreation Office 24 hours prior to the dates requested. - The above named individual, organization or group accepts the respon- sibility for leaving the facility in an orderly manner and agrees to pay for damage incurred during the special use period. The organization assumes full responsibility for any accidents incurred during the special USB. ORGANIZATION OFFICER DIRECTOR OF PARKS & RECREATION Adopted by the Parks & Recreation Commission 2-5-75