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HomeMy WebLinkAbout03/06/1975 MINUTES March 5, 1975 The Study Session was called to order by Mayor pro tem Joseph Donaldson at 5 30 p.m. at the Albert E. Anderson Community Building at 4355 Field Street. Aldermen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calivn Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Broug1am, staff and interested citizens. Mayor Homer Roesener was absent. Ward Horton, Director of Parks and Recreation gave a presentat,ion on the plans for the restoration of the Sod House. He stated he and Mr. Wardle had gone to Colby, KN for instruction on making sod. The objectives are 1. To p~ovide a safe and secure public building that. is an asset to the community. 2. To achieve maximum historical accuracy in the resicoration and fur- nishing of the building. 3. To provide interpretive data that. will clearly and concisely convey the spirit of pioneer Colorado to the public. 4. To provide a pblic facility that can be easilty maint.ained, at a reasonable cost, in future years. He sated the total planned cost would be approximately $22,144.00 and an Application to the Bicentennial Commission for $26,000.00 has been accepted by the Heritage Council but the City must provide half matching funds. He was asking for en- dorsement and authorization to proceed by Council and stated he needed $13,000.00 commitment from the City of which $7,000.00 is provided ($5,000.00 is budgeted, and $2,000.00 in donations.) Larrv Thomas, City Engineer presented the preliminary plans for traffic signal installation on West 44 Avenue. Due to the cost of signalization 3 intersections instead of 5 would be done. They are W. 44 Ave. & Kipling, W. 44 Ave. & Garrison and W. 44 Ave. & Wadsworth Blvd. There would be a construction engineering cost of $9,000.00 plus the intersection costs making a total estimated cost of $100,000.00. He stated new solid state controllers would be installed. Mr. Spar land of Centennial Engineering was also present. Matching funds of $27,000.00 from the City is needed. Mr. Gene Fortier spoke on Housing for the Jefferson County Housing Administra- tion. He stated the Housing and Community Act of 1974 provides funding to communities with an emphasis on housing, but the funding could be for other things such as drainage and traffic problems etc. He stated the requirement for the funding is that each community must make a housing assistance plan and to this date Wheat Ridge has not done this and has not gotten their fair share. This plan is for moderate and low income housing. Cities over 50,000 population automatically receive their share, but cities under that must compete for the money. He stated elderly housing can be grouped together, bu~ housing for others is supposed to be dispersed throughout the community. REGULAR MEETING The two hundredth and seventy-eighth regular City Council meeting was called to order at 8 00 p.m. Those attending were stated above. Motion by Alderman Turner "I move that the reading of the Minutes of February 20 and 27, 1975 be dispensed with, and that they be approved as revised." Motion was seconded by Alderman Merkl and passed 4-2. Aldermen Howard and Hulsey voted "nay." Public Comment was made by Lester Shinn of 7824 West 39 Avenue asked if anything could be done to prevent. the dust from~owing on the lot where the medical complex is being built on W. 38 Avenue, because the wind blows the dirt that has been hauled in. Dennis Zwagerman, Director of Community Development stated the code enforcement officer has looked into this, and the owners have agreed to keep the dust down by w~tering. Alderman Cavarra stated she had heard that the complex would~~e completed for some. time and suggested seeding the area, and Mr. Zwaqerman stated that a tlme limit for completion could be looked into. MINUTES - 3/6/75 - Continued -2- Decision on Rezoning Case WZ-74-20 was scheduled. Motion by Alderman Merkl "I move that Case WZ-74-20 requesting rezoning from Agricultural-fwo to Proposed Industrial be approved for the following reasons 1. It was approved by the Planning Department. 2. It was approved by the Planning Commission. 3. It conforms to the Land Use Plan." Motion was seconded by Alderman Howard. Alderman Turner stated she would vote against the Motion for the following reasons 1. According to the Planning Department the character of the neighborhood is residential and the proposed use would constitute industrial encroachment upon a residential area. 2. Industrial development with its accompanying traffic is not compatible with present use of the area. The loca~ion is such that in-going and outgoing traffic would use 52 Avenue which is of necessity a route far children walking to Drake Schaal. 3. No evidence was given that the property could not be used under the present zoning. 4. The industrial district Future Land Use Plan need to be reviewed and revised. This is controversial and has been opposed by residents on numerous occassions when rezonings have been sought. S. Local residents opposed this rezoning. Alderman Merkl stated the adjacent properties are industrial. Alderman Cavarra stated she felt qualified to vote because she had listened to the tapes and had looked at the plans and the property. She stated she felt the Land Use Plan was in errOr because this would create a landlocked residential area, and the two extremes of zoning use would be right next to each other, and that a buffer is needed. Question was called on Motion and Motion to approve passed 4-2. Aldermen Turner and Cavarra voted "nay." The appointment of Chief of Police Pinson of Mr. Ronald Dahlberg of 7340 West 26 Avenue to the Police Advisory Board for a one year term was acknowledged. Motion~ Alderman Howard "I move that the Class J1 pakcage beer license for J.S. Dillon and Sons Inc. dba King Soopers at 3400 Youngfield be renewed." Motion was seconded by Alderman Turner and passed 6-0. Ordinance No. 173 was introduced by Alderman Turner and was read. Said ordinance amended Ordinance No. 34 the tree ordinance by repealing a section dealing with trees on the public ROW. Motion by Alderman Cavarra "I move that Ordinance No. 173 as introduced by Alderman Turner be approved on first reading and be ordered published and posted." Motion was seconded by Alderman Turner and passed 6-0. Request for payment to Wright- McLaughlin Engineers for a major drainage basin map & for Clear Creek was scheduled. Alderman Turner stated she objected to the wording on the Agenda stating the map was needed due to problems with the Chief Building Inspector (Jack Prose) because the map is necessary in Ordinance No. 85 for enforcement and no such map had been provided so that the ordinance could be enforced. She also recommended to Mr. Jerman 1-0 look into the compatibility of Ordinance no. 84 and 98. Motion by Alderman Turner "I move that the bill be paid Qo Wright McLaughlin Engineers) for a total amount of $3,125.00 for the map and study to be charged as follows Acct. 418.32-$925.00 and Acct. 441.32-$2200.00." Motion was seconded by Alderman Merkl and passed 6-0. MINUTES - 3/5/75 - Continued -3- Request for payment of the bill from ICBO far the investi atian of the Buildinq Inspection Division-ln the amount of 2,043.57 was scheduled. Alderman Hulsey stated that he had requeted an investigation and that he had not wanted other building officials to investigation another building official, and that he would only pay the travel expenses of $343.67 but nrr. the $1700.00 for the report. Motion by Alderman Turner "I move that the bill be paid (for ICBO in the amount of $2,043.57)." Motion was seconded by Alderman Donaldson and was DEFEATED BY A VOTE OF 4-2. Aldermen Turner and Donaldson voted "aye", Aldermen Cavarra, Howard, Hulsey and Merkl voted "nay." Motion by Alderman Cavarra "I move that we authorize payment in amount of $343.67 (to ICBO to be charged to account No. 419.39.)" was seconded by Alderman Merkl and passed 6-0. the Motion Motion by to attend Vancouver 418.15)." Alderman Howard "I move that Dennis Zwagerman be allowed the American Society of Planning Officials conference in BC from April 12 through 15, 1975 (to be charged to Account Motion was seconded by Alderman Merkl and passed 6-0. Report on the traffic ~8~d~tion at W. 32 Avenue Field (curv~ was given. Mr. Thomas stated a newAslgn had been put up at the curve and that the number of accidents didn't seem extreme there. Alderman Cavarra thought perhaps the road was not banked properly, and Alderman Turner stated that the residents felt that flashing yellow lights might be seen better by drivers. It was recommended to see if the new signs will have a beneficial effect. Motion by Alderman Merkl "I move that the purchase of sign post m6erial be approved to be charged to Account 451.21." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay." The total cost is $3,862.20. Approval of Colorado Interqovernmental Personnel Program for preparation in a Model Merit System was scheduled. Ordinances No. 46 and 102 are to IDe revised. Motion by Alderman Merkl "I move that the City of Wheat Ridge approve the project of the State of Colorado Intergovernmental Personnel Program to prepare a model personnel ordinance." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Turner voted "nay." Approval of purchase of glass beads for traffic paint with a reflective index of 1.65 at 32~/lb. was scheduled. Mr. Larry Thomas stated the reflectivity stays on longer because the beads are of different size and distribute better. Alderman Howard asked if thre were com- petitive bids, and the item was deferred one week far a bid sheet. Mr. Jerman stated the Public Works Dept. have graded 7 alleys and graveled them and have taken out 2 truckloads of trash. There is going to be a public information program u~ng people to keep lids on their trash cans. It was stated there is an ordinance for this also. Mr. Jerman checked out a complaint from Mr. Merkl on a Public Works truck running for 45 to 50 minutes with no one in attendance, and he stated Mr. Taylor had stated the employees left the truck parked in Panorama Park and completed cleaning in the alleys and then went on break. He stated that the trucks arB to be locked and blocked from now on, and diesel motors have to keep running. Bob Brown, city mechanic stated that a diesel should idle 5 to 10 minutes before it is shu+ off or hotspots can be created, and if it is shut off it must coal down before i+ is started again. MINUTES - 3/5/75 - Continued -4- City Attorney Fox stated he had attended a conference with the Michie Company hired to codify the city ordinances and he recommended using the 1973 Uniform Fire Code and the 1975 Electrical Codes which will need to be adopted by Council, and that due to the pending changes he recommended that at- this time the Personnel and Penal Ordinances not be placed in the code. It was noted the DRCOG annual dinner is 3/19/75. Alderman Cavarra have a breakfast legislation, and stated trat: Jeffco Governments Assoc. was going to meeTing on March 14, 1975 at 7 30 am. to discuss two representatives can attend from Wheat Ridge. Alderman Turner requestes if a green information sign such as used for the Public Works could be placed for the Albert E. Anderson Community Building on W. 44 Ave. Alderman Merkl also suggested signs for the other city offices and city hall. Mr. Jerman stated he would check and see if such signs could be installed. Alderman Turner stated she had received comp'~aints from citizens on W. 32 Avenue and approximately Flower Stree~'~re concerned 88caus~ the dirt fr~ the water line is being placed on the propert~^f~8ffinthem which will make them lower. Mr. Jerman is to look into this. Proposed policies governing the use of the Anderson Building were presented by Parks Director Ward Horton. The policies had been approved by the Parks and Recreation Commission. It is attached to the Minutes. Motion by Alderman Hulsey "I move that the City Council adopt the policy for use of the Anderson Community Building (as presented.)" Motion was seconded by Alderman Merkl. Alderman Cavarra wanted to make a Motion to Amend. Mayor pro tem ruled that since the question was called for the Council must vote on whether the question could be called before the amendment. QUESTION WAS TIED 3-3. Aldermen Hulsey, Turner and Cavarra voted "nay." ['lotion to Amend by Alderman Cavarra "I move that Community Groups - Gym have a line added reading 'resident day use - no charge.'" Motion was seconded by Alderman Turner and WAS DEFEATED BY A VOTE OF 4-2. Aldermen foward, Hulsey, Merkl and Donaldson voted "nay." Mr. Horton 36ted it was his policy to allow little league basketball etc. to use the gym at no charge when it is free. Question was called on original Motion and passed 6-0. Regular Meeting was adjourned at 9 30 p.m. STUDY SESSION The Study Session was reconvened at 9 45 p.m. City Attorney Fox presented his views on the Penal Code. The basic model was taken from the Lakewood Penal Code except he recommended omitting items that are covered in State Statute and having them taken to the County Court. He stated if it was in the municipal court also the person had a chance at two jury trials that are completely independent of each other, i,e, once in the municipal court, and once in the county court. He stated that if these laws arB in the municipal law, their only purpose could be for raising revenue. He also stated that Wheat Ridge would have to become a court of record like Lakewood is and that all things involved in this should be looked at carefully. He stated the number of cases that would go to the county would be far less than the majority. Chief Pinson stated that in March for example the Court had 6 non-traffic cas~ out of 30 which in the new situation the 6 would go to the county. MINUTES - 3/6/75 - Continued -5- Chief Pinson stated he would prefer that the City have its awn ordinances. He stated many times if two charges are tied in together it goes to the County anyway, and he would prefer local control. Mr. Fox stated the county sets the court cases in accordance with the officer's work schedule if at all possible. Alderman Cavarra recommended leaving the items directly related to traffic in the municipal law. Anthony Serqeant of the Police Advisory Committee stated they were against giving up local control, the court could be made a court of record, the city has no control with pea bargaining, authority would be lost, and a backlog would be anywhere whether it is in the city court or the county court. Nancy Snow of 11155 West 40 Ave. recommended that all the expenses of being a court of record be looked into. Mr. Fox stated that the right of counsel of indigent de fen dents might mean hiring a public defender if Wheat Ridge was a court of record. Alderman Merkl stated he had suggested that it be illegal to work under a car on a bumper be in the penal code. Mr. Fox stated there was difficulty in enforcing such a law. Alderman Cavarra questioned whether cleaning sidewalks could be enforced unarbitrarily. Alderman Turner stated the noise ordinance had not been deleted and in fue past they had been informed it should be deleted. She also suggested a detailed study session only for the penal code. Aldermen Donaldson and Cavarra agreed with Mr. Fox. Alderman Turner and Hulsey were in favor of a compromise and Alderman Hulsey wanted the cost of a court of record. Mr. Fox stated that cities of comparable size are not courts of record. Discussion for the detectives to take the cars home was scheduled. It was recommended by the Police Advisory Board. Chief Pinson was in favor of the recommendation. Alderman Turner requested that the increase of gas cost be made. The item was scheduled for next week's Agenda. Discussion on amendments to the Zoning Ordinance no. 9B was scheduled. Dennis Zwaqerman stated that perhaps the nonconforming clause should exempt existing structures to comply with the landscaping requirement. Non-conforming clause is not supposed to phase out existing proper use, only the improper use. He stated he was not wholly in favor of requiring 10% landscaping for only new developments, but he felt this was what Council wanted. Alderman Merkl also stated they wanted remodeling allowed for non-coDforming areas. Alderman Turner stated that she wanted existing shopping centers requirement that the who~ area be landscaped for an addition be changed to landscaping required for only the addition. Mr. Zwagerman is to prepare an appropriate ordinance. Personnel Committee report and recommendations regarding Ordinance No. 170 which establishes new positions and titles was scheduled. Mr. Bartholomew statD the Personnel Committee was aware of the changes that have been made, and they felt there was no need to go over the ordinances which only puts in writing actions that have already been done. Mr. Jerman explained a proposed amendment to Ordinance No. 46 and 102 which would make the Personnel Committee the board that hears grievances. The findings are advisory in nature to the Mavor who has final say, except in cases of religious, racial, sexual discrimination. It is to go ro the employees, the attorney and Personnel Committee. MINUTES - 3/6/75 - Continued -6- Glen Taylor, Director of Public Works presented traffic schedules which are to be incorporated into the new Model Traffic Code Ordinance, 1974 edition. He stated they have been reviewed by the Planning Department and Public Works Committee and they recommended approval. Alderman Merkl suggested a no trucks wit.h a gross weight on them for certain streets. Mr. Taylor said rhe no through trucks sign on W. 44 Avenue had helped the truck traffic to decrease. Larry Thomas explained that the primary streets are ~he s+reets with higher speeds and the secondary ones are the lower spseds and does not designate width. Mr. Taylor suggested flashers for schools on busy through streets because he did not recommend that the spsed be reduced 24 hours per day. Alderman Howard stated he wanted oversized vehicles in residential areas on the street to have a time limit on parking. Mr. Fox stated that perhaps this could be under the zoning ordinance. Alderman Turner stated t.hat there were also complaints of trucks running their motorS for a long time in residential areas. Resolution for approval of the City of Lakewood's Board of Water Commissioners to acquire and operate the lines of Consolidated Mutual within the City of Wheat Ridge was recommended to be deferred indefinitely. Report of bids for a new PA system for Council Chambers was given by Mr. Jerman. The consensus by Council was to try to renovate and repair the present system. Meeting was adjourned at 12 45 a.m. ) > (J~ ~.,)L6C4:-I[i'''iC El~_s_El/Broughain, CitV qlerk I APPROVED i:41 __ . ....<. I I ;:~f--J f Yc- })-