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HomeMy WebLinkAbout06/16/1975 MINUTES June 15, 1975 The two hundred and eighty-ninth regular meeting of the Wheat Ridge City Council was called to order by Mayor Homer Roesener at 7 30 p.m. at 4355 Field Street. Aldermen present were Howard, Calvin Hulsey, be noted that Alderman Mary Jo Cavarra, Joseph Donaldson, Robert Larry Merkl and Louisa Turner. It should Hulsey did not remain during the entire meeting. Also present were City Administrator John Jerman, Assistant City Attorney Steve Lund, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens Motion by Alderman Turner be tabled one week." Motion passed 4-2. Aldermen Howard "I move that the Minutes of June 9, was seconded by Alderman Donaldson and Hulsey voted "nay." 1975 and Resolution No. 398 investing general funds to savings was introduced ~Alderman Donaldson and was read. Motion by Alderman Hulsey "I move that Resolution No. 398 be adopted." Motion was seconded by Alderman Turner and passed 6-0 Public Comment was made by James KirbV speaking for the Police Protective Association who presented a petition signed by all members of the Police Department except Sgt. Smith requesting that they be excluded from participation in the forthcoming balloting regarding a union. Mavor Roesener stated the petitions would be taken under advisement by Council and they would be notified of a decision. Brad Brenero, President of the class of Wheat Ridge High School presented petitions requesting that the City consider paying for lighting of the tennis courts at Wheat Ridge and Jefferson High Schools because there is a great need for them and the courts are used regularly by Wheat Ridge residents. He stated that 60% of the people who use the COllTts are residents and not students and that these petitions had been presented to Edgewater City Council also. Other students who were present and spoke in favor of the petitions were Shelly Smith, Don Wise, Mark Gearhart, John Tipton. Alderman Cavarra sta!:ed she was in favor of using the schools recreational facilities in cooperation with the City's programs and stated she would like to see this considered in next year's budget. Alderman Hulsev felt the City should build its own courts, and that the petition should be presented to the R-1 School District Alderman Donaldson recommended writing to the school district and urging them to light the courts. Alderman Turner agreed and directed Mr. Jerman to handle this matter on an administrative level. Doris Hayden from the League of Women Voters presented a booklet the League had prepared on Wheat Ridge for information. She stated copies will be distributed around the City and are available in City Hall. Resolution No. 399 thanking the Jeffco Midget Football Assoc. Inc. for their donation for the betterment of the park and recreation system of the City was introduced by Alderman Cavarra and was read. Two gentlemen from the Assoc. were present. MoLion by Alderman Donaldson "I move for the approval of Resolution No. 399." Motion was seconded by Alderman Hulsey and passed 5-0. Application for preliminary and final minor subdivision at 10504 W. 1-70 by Craddock Development Co. was deferred for a Board of Adjustment Hearing. Case WZ-75-08 application for a preliminary development plan by Windemere Warehouses at 5101 Miller Street was scheduled. MINUTES - 6/16/75 - Continued -2- David Shelley of the Planning Dept. stated there was a letter from the State of Colorado Geological Survey stating there is no commercially mineable aggregate on the area being developed, and that there is feasible mining in the south 1/3 of the area. He stated the land is already zoned industrial. The Preliminary Plan is for warehouses, storage fur Columbine Glass bottles and a crane company. The Land Use Plan calls for industrial and the general zoning in the area is industrial. Their inclusion into Clear Creek Sanitation District is pending. Mayor Roesener stated the case should be heard since contingencies can be stipulated by Council, and this is only a prelimimrv plan. Jeff Armstronq owner and applicant stated the buildings would be 1 story and to the north would be warehouses and assembly of cranes by the Esco Corp. The warehouse will store stainless ~eel bars, and the cranes will be stored outside at the rear of the building. The primary use will be steel storage warehouse and there will be no welding equipment, no assembly facilities, and the only operation would be bandsaw cutting. He estimated 5 trucks a day. (These statements were in answer to questions from Alderman Howard.) Alderman Cavarra noted this was different from the original plan, and Mr. Shelley stated there had been revisions. Mr. Armstrong stated there would be 10% landscaping. Alderman Howard asked if there was any information on the street's load capacity, and Mr. Shelley stated "no." Alderman Turner asked what area was required for feasibility of mlnlng, and Mr. Shelley stated a minimum of 5 acres and a stripping ratio of 3 to 1. In answer to a question, Mr. Armstrong stated he had gas taps valid until 12/75 and that this date had been given because he had started leveling the ground etc. Dennis Zwagerman, Director of Community Development stated that the additional testimony of outside storage had not been presented to the Planning Commission and that this should be noted on the plan. Mr. Armstrong stated this was an oversight and would be delineated on the final development plan. Mr. Armstronq stated the development is 6.7 acres of the 10.6 acres thattha~fbeen rezoned. He stated that there would be no increased trucK~~orlthe Columbine Glass Company due to placement of loading docks He stated they will save all the trees they can and they will plant a row of trees along Miller Street, and there will be fencing for the outside storage. Alderman Howard stated the development statement should have these inclusions in it. Alderman Turner q~estioned what if future owners or uses for the buildings would need greater parking, and Mr. Shelley stated this would be controlled through the building permit. No one appeared in opposition. Motion by Alderman Merkl "I move for approval of the Preliminary Industrial Development Plan of Windermere Warehouses Inc. at 5101 Miller Street, subject to the approval and inclusion into the sanitation district, for the following reasons It was recommended by the Planning Department and it conforms to the Land Use Plan." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay" objecting to the conditional approval. A short Executive Session was held to discuss personnel matters. MINUTES - 6/16/75 - Continued -3- Motion by Alderman Cavarra "I move that the City accept the proposal of Galbraith & Green Inc., as contained in a letter dated 6/9/75, and that Galbraith & Green Inc., be authorized to function as broker of record for all of the City's insurance policies effective on the normal renewal date of each of the policies unless an earlier effective date can be negotiated by mutual consent of the City and the respective agencies." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Turner voted "nay" stating other insurance companies had done a tremendous job for the City and that this was too selective. Mrs. Jean Jeffrey of the Historical Society Research Committee stated she would like to be reimbursed for her time, mileage and miscellaneous expenses during the year as she tapes recollections of senior citizens of Wheat Ridge and takes pictures of historical places and artifacts. She sRed when she started she thought it would be less involved but has found there is a "wealth of information." She uses her own darkroom to develop black & white pictures and there will be a definite transcribed and typed product when she is ~hrough. She stated that perhaps 1/3 of her $4800 request for 1 year was for out of pocket expenses. Alderman Merkl objected to paying her something she had volunteered to do. be paid for. Alderman Turner stated this should come out of the bicentennial funds of the state and that the Historical and Centennial Commission are working closely together to preserve history, and that she did not feel City funds could be used when att,~.~ime City employees had been laid off. Mayor Roesener recommendeD tRat if funds were given, that the Society disburse the money. Alderman Merkl stated the society is like a service organization that is not part of the City and that the members volunteer to join and pay dues, and that the City has a Historical Committee. for her time when this was He did feel materials could Motion by Alderman Cavarra "I move that we authorize the Parks Director to apply for centennial bicentennial grant for $2,000.00 with $1,000.00 of that amount being city funds to cover the cost of disposable documental expenditures involved with this project.'1 Motion was seconded by Alderman Turner and WAS DEFEATED 3-2. Aldermen Merkl, Donaldson and Howard voted "nay." Dennis Zwaqerman discussed several revisions that were recommended in the zoning ordinance. He stated that Section 25.A pertaining to non-conforming lots of record which existed prior to passage of the ordinance only allows a single family home to be built if setback is met, regardless of zoning. The staff recommends that duplexes and apartments be allowed also if it is allowed in the existing zoning. Alderman Cavarra questioned why the Board of Adjustment should not be used if this is desired. She also stated that the original R-3 zoning of the County was for single family etc. and not for multi-family. Mr. Zwaqerman stated that the Board is not the answer if the square footage requirements cannot be met. Alderman Turner stated that is why there is a square footage requirement, and if the lot is big enough then a larger structure such as a duplex could be built, and if not then a single family house could be built. Mr. Zwagerman stated the second problem is that for a non-conforming structure the ordinance only allows for a replacement cost of $1,000. Only 10% are allowed for maintenance & repairs of the current replacement cost of the structure. Alderman Cavarra noted that there is a 15 year time limit for the existence of non-conforming areas, and Mr. Zwagerman states that refers to non-conforming use. Alderman Merkl and Mayor Roesener both agreed that if the limits were increased that this would allow for old deteriorating buildings to be remodeled. Norman Burkson of 3110 Eaton stated he is a victim of this law. MINUTES - 5/16/75 - Continued -4- He stated his house has a 50' frontage and he own the next lot. He was told this now means he has a 100' lot with 2 non-conforming houses on them, and cannot get a permit to remodel his house. Alderman Turner stated there have been areas which have applied for rezoning for allowable smaller frontages for single family homes. It was also mentioned to go to the Board of Adjustment, but Mr. Zwagerman stated there were questions that this was the answer to the problem. Rod Store stated he was a neighbor and wanted the City to change their ordinance to allow Mr. Burkson to stay, and that the neighbors did not want apartments that were allowed on his land. Mr. Zwaqerman stated the third problem regarding non-conforming lots was to allow flexibility which does not exist now regarding requirements such as ingress, egress, landscaping, parking and street related improvements, but that these provisions should generally be met. Alderman Turner stated the Board of Adjustment is to hear hardship cases. Mr. Zwagerman stated requirements should be met, but if the applicant sincerely cannot meet them, then he WQLld have the chance to come in and plead his case. Mike Boorman, Manager of the Wheat Ridge Chamber of Commerce stated there are an increasing number of cases in Wheat Ridge where the buildings are being vacated because the requirements cannot be met, and it is easier to move out of the City. Alderman Turner criticized the 15 year non-conforming allowance regulation also. Mr. Zwaqerman asked who should grant the options and/or allowances Planning Commission, staff or Council. Alderman Merkl felt this could be a Planning Commission function. Alderman Cavarra would like their recommendations, but Council should have final power. Alderman Turner asked if all felt the 10% remodeling allowance should be changed. Council agreed, and Mr. Zwagerman recommended that it be changed to 25%. Mavor Roesener directed that these recommendations be written in ordinance form and sent to the Planning Commission and then Council. Motion by Alderman Merkl "I move and continue this meeting no later by Alderman Cavarra and pas3D 4-1. we suspend our Rules of Procedure than midnight." Motion was seconded Alderman Howard voted "nay." Mr. Jerman stated that a list of obstructed traffic intersections had been compiled by police officers and that if the ordinance is enforced, many citizens will be upset if they are ordered to cut down their trees and hedges etc. Two ladies were in the audience who lived off of W. 38 Ave. where it had been widened, and they stated on Brentwood there is no other access but to W. 38 Ave. and at the corner even when the hedge was cut down part way it did not help. They stated there was no problem when the street was striped with a bikeway because a car could creep out into the traffic. Alderman Merkl mentioned that the problem might be taken care of if the trees are trimmed. Alderman Turner stated the problem was created when W. 38 Ave. was widened because the street takes up the entire ROW, and then the street was striped one way, and then changed to 4 continuous lanes Alderman Cavarra agreed and stated the street should be restriped back to 3 lanes and bike lanes, and that this is residential west of Wadsworth. MINUTES - 6/16/75 - Continued -5- Alderman Merkl stated there is a need for 4 lanes to the hospital. Mr. Zwagerman stated the ordinance can be enforced, and questioned if Council wanted city crews to cut the shrubbery. Alderman Merkl made a Motion and later withdrew it that the ordinances of Wheat Ridge are to be enforced in any manner deemed necessary. Resolution No. 400 designating certain properties for acquisition under the Jefferson County Open Space Program and authorizing the staff to negotiate was introduced by Alderman Donaldson and was read. Alderman Turner qJestion if No.3 Hayward Property, W. 29 Ave. & Wadsworth had been formally added to the park plan, although it had been discussed. Alderman Merkl stated the staff can check this. Motion by Alderman Merkl "I move that Resolution No 400 be adopted." Motion was seconded by Alderman Donaldson and passed 5-0. Resolution No. 401 amending Resolution No. 345 by appropriating sums of money to the various departments for 1975 was introduced by Alderman Merkl and was read. Mr. Jerman stated this resolution revised the appropriation and not the budget guidelines for eadh department. He stated the amount is greater than the original budget in the Public Works Shops and Police Support Services due to pay raises. Alderman Howard questioned the word "transportation" under Revenue Sharing, and Mr. Jerman stated by federal definition this meant street work. Alderman Turner stated if the figures were the same as what was done at Keystone, and Mr. Jerman stated "yes' but some changes were made due to Public Works options and "a few others." Alderman Turner asked if the City Treasurer had approved the resolution and Mr. Jerman stated "yes." Mr. Jerman stated this will be a change from line item appropriation to lump sum appropriation. Motion by Alderman Merkl "I move that Resolution No. 401 be adopted." Motion was seconded by Alderman Donaldson and WAS DEFEATED 3-2. Aldermen Howard, Turner and Cavarra voted "nay." Alderman Cavarra explained her negative vote reflected her opposition to the Public Works option that had been chosen. Alderman Turner stated she had other concerns she would discuss in an Executive Session. Mr. Jerman stated this would prevent the pay ordinance from being passed. Alderman Merkl recommended procffding with the Agenda, then going into an Executive Session, then reconvening for the pay ordinance. Motion~ Alderman Turner "I move that timetable for competitive bidding and award of bids for concrete sidewalks on W. 41 Ave., High Court and W. 32 Avenue be placed first on the Agenda next week." Motion was seconded by Alderman Merkl and passed 5-0. Glen Taylor, Director of Public Works gave his recommendations on correcting the problem at W. 29 Ave. & Gray. He stated he feels it is caused by an irrigation ditch ~aking under the street. The following needs to be done remove all sidewalk, curb & gutter, remove approximately 2' of subgrade, remove culvert and replace culvert, replace subgrade, sidewalk, curb & gutter and resurface street at an eStimated cost of $15,000.00. Motion by Alderman Merkl "I move that the Public Works Director be allowed to continue the repair on W. 29 Ave & Gray St. at a cost not to e ;ceed $15,000.00." Motion was seconded by Alderman Donaldson. When asked w~ere the funding would come from, Alderman Merkl stated this could come from money for unpaved streets and that the drainage at 31st and ~right had been repaired. Mr. Jerman stated he and Mr. Taylor MINUTES - 6/16/75 - Continued -6- had determined that that area was a public emergency, and he had issued an administrative act to repair it. Alderman Turner stated she was infavor of the repair except for replacing the curb and gutter until a policy has been established. Alderman Merkl stated the curb had been replaced at Wright, and Mr. Taylor agreed it had been. Mr. Tavlor added that the pipe might not be the problem, and there might be an underground spring there. Motion to Amend by Alderman Howard "1 move that the phrase 'not to exceed $15,000.00' be deleted (from Alderman Merkl's Motion.~ Motion was seconded by Alderman Merkl and passed 5-0. Question was called on the Amended Motion and passed 4-1. Alderman Turner voted "nay." Reconsideration of payment of the ICBO bill for the investigation of the Building Department which had been reduced by $500 was scheduled. Motion by Alderman Turner "I move that the ICBO bill be paid in the amount of $1,543.00." Motion was seconded by Alderman Cavarra and passed 5-0. Purchase of animal cages from Kois Brothers Equipment Co. had a report distributed from the City Buyer Dave Sin~ stating that specifications had not been prepared and that other cities with similar cages did not have specifications either. He wrote that there are other suppliers that do have similar equipment, and that he could not certify that Kois Bros. was the sole source. Mr. Jerman asked for approval of hiring Kois Bros and that this would be custom made. Motion by Alderman Cavarra "I move for the approval of the purchase of animal cages for the animal van from Kois Brothers at a cost not to exceed $1,300.00 to be charged to Account 425.41." Motion was seconded by Alderman Donaldson and passed 3-2. Aldermen Howard and Merkl voted "nay." Motion by Alderman Howard by Alderman Donaldson and "nay." "I move we adjourn." Motion was seconded passed 3-2. Aldermen Merkl and Cavarra voted Council went into an Executive Session regarding the budget resolution, after the following Motion by Alderman Merkl "I request that the meeting be reconiuned (after the executive session) to go over the budget resolution and pay ordinance." Motion was seconded by Alderman Cavarra and WAS DEFEATED 3-2. Aldermen Howard, Turner and Donaldson voted "nay." Alderman Turner made a Motion to reco;IJene the meeting following the Executive Session. There was no second mr vote. Mr Jerman urged Council to act on the ordinance tonight due to the effect on the employees. Meeting was reconvened after the Executive Session. Ordinance No. 175 establishing pay grades and ranges and position classifi- cations was introduced by Alderman Merkl and was read. Steve Lund stated in answer to a question from Alderman Howard that the 3/4 vote requirement was needed only on second reading for the emergency clause to be effective. Motion to Amend by Alderman Turner "I move that the Chief Building Inspector in Grade 39 be given a 5% increase." THERE WA5 NO 5ECOND AND MOTION DIED. Alderman Merkl stated ttlt the salary for the Chief Building Inspector was above the surrounding communities Alderman Turner stated that such a policy was not consistent then, for all positions. Motion by Alderman Merkl "I move for the adoption of Ordinance No. 175 on first reading and order it published and posted." Motion was seconded by Alderman Donaldson and passed 3-2. Aldermen Howard and Turner voted "nay." Meeting was adjourned at 12 40 APPROVED ~',13 I /;<3/75----- ( !