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Home My WebLink About08/11/1975 MINUTES August 11,1975 The two hundredth and ninety-fifth regular meeting of the Wheat Ridge City COJncil was called to order at 7 30 p.m. by Mayor pro tem Joseph Donaldson at 4355 Field Street. Other Councilmen attending were Mary Jo CaJarra, Robert Howard Calvin Hulsey, Larry Merkl and Louise Turner. Mayor Homer Roesener Was absent. Also attending were aty Administrator John Jerman, City Clerk Elise Brougham, Assistant City Attorney Steve Lund, City Treasurer James Malone and staff and interested citizens. Motion by Councilman Cavarra, "I move that the Minutes of July 28, 1975 be approved as printed, and the Minutes of August 4, 1975 be tabled for one week." Councilman Merkl seconded the Motion and passed 4-2. Councilmen Howard and Hulsey voted "nay." Motion by Councilman Turner "I move that the Minutes of July 22, 1975 be approved as distributed, and the Minutes of July 21st, 1975 and July 7, 1975 be approved as corrected and distributed." Motion was seconded by Councilman Cavarra and passed 4-2. Councilmen Howard and Hulsey voted "nay." Public Comment was made by Dennis Floyd of 3265 Fenton who stated he wanted to compliment the City on their outstanding recreation program for children. He stated his children attend and it is integrated throughout all parts of the City. A.J. Sargent of 3035 Gray stated he had been nominated chairman of the city float that the Wheat Ridge Jaycees are to work on. He stated he had to know if it was the intention of the Council to ride on the float. Bud williams, chairman of the Chamber parade committee stated they were glad to have the Jaycees decorate it, and Mike Boorman, manager of the Chamber stated a flatbed is available. It was stated that the Council and spouses are to ride. Application by the Wheat Ridge Planning Commission to amend Ordinance 98 regarding non-conforming section was scheduled for Public Hearing. Dennis Zwagerman, Director of Community Development stated there are the following non-conforming situations 1. non-conforming lots of record. 2." "use of land. 3." "structures. 4." "use of structures. 5." "uses of lend and/or building as a re8ul t of not meeting all required improvemerts such as landscaping, parking, street dedication and improper ingress and egress etc. 6. Any combination of the above. Regarding lots of record, Mr. Zwagerman stated in answer to a question that for example in R-2 a duplex could be allowed even though the square footage is too small provirled that the minimum yard requirements are met. Mr. Zwa~erman explained the repair and maintenance addition stating that 2500 of the current replacement cost could be done on any non- conforming structure in anyone year, and that these uses should be eventually removed because they are incompatible. Councilman Hulsev questioned how the value of the building would be determined and did not want the owner required to get an appraiser's estimate. Mr. Jerman explained the "mayor's thinking" that there should be no limitation relative to the value which would a]ow the structures to be upgraded and improve the City. MINUTES - 8/11/75 - Continued -2- Councilman Turner stated she felt anyone should be allo~ed to upgrade their building. Councilman Cavarra stated since there is a time limit for non-conforming uses to be allo~ed, that if there ~as going to be major remodeling etc. that the owner ~ould request a rezoning first. Councilman Turner stated there are many businesses which should be allo~ed to operate that were in business prior to the current zoning regulations. Mr. Z~agerman stated they could apply for a rezoning, but that there are some businesses that aredetrimental. Mr. Z~agerman explained the recommendation that ~hen the use is in conformance a waiver for part or all of the requirements such as ingress, landscaping, lot coverage, setbacks, parking etc. can be granted by the Planning Commission. He noted that the original recommendation had it be recommended by the Planning Commission and approved by the City Council, but the Commission had felt it would be time consuming for the Council and could rest ~ith the Commission approval. Councilman Cavarra asked if this could be violating the statutory power of the Board of Adjustment to grant, variances. Mr. JeTman stated this ~as a far reaching clause, and stated he felt there should be a grandfather clause for certain types, because this will make all areas conform to all the ne~ requirements. Councilman Turner asked "Where is the line drawn" when all the ne~ requirements are required. Mr. Z~aqerman stated they ~ould be required for additions or major reconstruction. He stated this "opens up the door" to allo~ for present development if all the requirements cannot be met by requesting a ~aiver. Motion by Councilman Cavarra "I move that the proposed changes to the non-conforming section of Zoning Ordinance 98 be drawn up in proper ordinance form and~aced on next week's agenda." Motion ~as seconded by Councilman Hulsey. Motion to Amend by Councilman Merkl "I move that the I~aiver approval' be before the Planning Commission and drop 'approved by the City Council' (in proposed paragraph H), and I move that the '25~~epair and maintenanc~ be taken out and ~ould read 'to the extent not to exceed the current replacement cost.'" Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Ho~ard voted "nay" and stated these changes be made on first reading. Question ~as called on Amended Motion and passed 5-1. Councilman Turner voted "nay." Item 1.B. a Public Hearing on the adoption of a mineral extraction master plan was deferred for extended publication notice as required by state law. Public Hearing for the Planning Commission recommendations to amend the sign section of Ordinance No. 98 ~as scheduled. Mr. Zwagerman asted under the present la~ all signs must come into conformance by 1/1/76. He recommended that the date be changed to 1/1/82 since tha+ would 10 years after the law ~as adopted and ~ould allo~ for adequate notice and amortization etc. Councilman Merkl suggested that the date be changed to 1/1/78 and in the meantime that the whole ordinance be revised. Phyllis Lancaster of 4076 Everettquestioned how many signs there were that could be amortized in 4 years and she objected to many of the present signs and ~as in favor of the present law. John Harper, owner of Johnny Harper Ford stated he had revised his signs after an order from Ford Co. at a cost of $24,000, and he felt his signs were not objectable and he cautioned the city i~ taking a~ay a person's property. He also stated that some bUSlnesses couldn't afford to change their signs and most companies take out loans on long term to pay for the signs. Councilman Hulsey st~ted older businesses with non-conforming signs should not be penallz~d. Councilman Turner asked if there weTe provisions to allow for unlform MINUTES - 8/11/75 - Continued -3- nation chain signs and Mr. Z~aqerman stated "no" if they do not meet the code. Motion by Councilman Merkl "I move that Dennis bring in an ordinance next ~eek on these sign amendments, and also start ~orking on the sign code." Motion ~as seconded by Councilman Ho~ard and passed 6-0. Mayor pro tem Donaldson stated Item 4.B.2 adoption of standards for curb and gutte~i~I deferred one ~eek. Public He,ring for amending Ordinance No. 98 regarding offstreet parking as applied for by Planning Commission ~as scheduled. Mr. Z~agerman explained the amendments 1. Parking space ~ill be 300 sq.ft. 2. All parking ~ill be surfaced. 3. All islands ~ill be landscaped. 4. Access- on arterials may require accelleration etc. lanes. Curb cuts ~ill be every 100', and 50' from an intersection, 25' from the property line. Planning Commission may grant modifications by a special use permit Width of curb cuts was also specified Councilman Turner objected to paving drives in a flood area, and requested the City Attorney's ruling as to ~hether these changes should go to the Board of Adjustment or the Planning Commission. She also recommended keeping the parking requirement for all uses ~ithin certatn Mr. Z~agerman read the anedule required for off street parking zonlng. for all types of uses ~hich ~as recommended. Councilman Merkl questioned the requirement for used car lots of 1 space per each employee on maximum shift. Mr. Z~agerman proposed that it be 2 for each employee on maximum shift. Mike Boorman of the Chamber of Commerce recommended that the access requirement be changed from the 100' intervals and recommended 50' from the intersection. Councilman Cavarra questioned 1.5 parking spaces for apartment houses. Mr. Z~agerman this ~ould be for complexes over 1 acre. Mr. Z~agerman continued ~ith the amendments 5. Buffer - parking next to residential needs landscaping or Planning Commission can approve a ~asonry Oall. 6. Lighting - a~ay from residents. 7. Location - on residences parking shall be on same lot. For non-residential parking shall be Oithin 300' of building. 8. Additions - the parking lot may have the building added on to it provided a like area of parking is provided. 9. PUD parking shall be considered ~tth regard to those limitation established for the various use requirements. 10. Floor area shall mean floor area for customers, offices, display of merchandise and tennants only. 11. Hospital bassinets - bassinets are not considered beds. 12. Public Assembly - benches shall have 20" = 1 seat. 13. Fractions - any fraction of a parking space shall equal 1 space. 14. Joint use parking - certain spaces may be used in lieu of required spaced for off-hour uses. 15. Handicap parking - 1 ~er use or 2% of total parking, 11' wide, identified and in safe location near entrance. 16. Collective provision - parking can be used for twoor more buildings providing it is not less than required. 17. If not mentioned, the parking for a similar use shall apply. 18. Off street loading for industrial and commercial are specified also. Mr. Jim willard representing Lutheran Hospital stted the parking re- quirement schedule of 1 space per employee~as a ~hange fr~m the old requirement 2 per employee and stated ln thelr expanslon program they ~ould thenrned considerably more parking area. He. stated . they have car pooling records and feel presently there lS not a parklng problem. Motion by Ordinance 2 Weeks." Councilman Merkl "I move that Mr. Zmagerman bring an amending Ordinance No. 98 regarding offstreet parking in Motion ~as seconded by Councilman Ho~ard and passed 6-0. MINUTES - 8/: 1/75 - Continued -4- Motion by Councilman Merkl "I move to reaffirm the adoption of the Personnel Rules and Regulations as authorized by Ordinance No. 178 " Motion cas seconded by Councilman Hulsey and passed 6-0. Motio~ by Councilman Cavarra "I move that the job description for Plannlng Draftsman be approved." Motion ~as seconded by Councilman Merkl and passed 6-0. M~ Piccoli of the Personnel Commission stated the Commission had approved the specificaion. Motion by Councilman Merkl "I move me accept the proposal of Binder Construction for resurfacing of Raramount Park~ay on a share cost basis to be charged to Account 499.66 at a cost not to exceed $3,000." Motion cas seconded by Councilman Cavarra,passed 6-0. Mr. Jerman stated he had checked ~ith Binder Construction and the parking lot on Paramount Park ~ould be resurfaced at not cost to the city. Councilman Hulsey stated this was on the north side and hoped a bigger one ~as put in Approval of the intercity buse route for Wheat Ridge and Arvada as recommended by the Planning Commission and Mass Transit Committee ~as scheduled. Councilman Cavarra commen8ed the committees for their ~ork on the plan, and requested that the City advertize these routes. Motion by Councilman Merkl "I move to adopt the circulator bus routes as recommended by Mass Transit Committee and the Planning Commission as the initial routing for the City to be reviewed by the Planning Department and Planning Commission for overall effectiveness in 6 months. Motion was seconded by Councilman Turner and passed 6-0 Ordinance No. 179 a street vacation at w. 29 Avenue and Xenon Was introduced by Councilman Merkl on second reading and the title ~as read. Motion by Councilman Merkl "I move that the title be read and that Ordinance No. 179 be adopted on second reading and be ordered published and posted." Motion =as seconded by Councilman Hulsey and passed 5-1. Councilman Turner voted "nay." Ordinance No. 181 vacating W. 50 Avenue at ~ipling and Independence Zas introduced on second reading by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move that Ordinance No. 181 be adopted on second reading and that it be ordered published and posted." Motion ;::'as seconded by Councilman Hulsey and passed 4-2. Councilmen Turner and HoWard voted "nay." Ordinance No. 182 establishing automotive and equipment servicemen and Planning Draftsman positions and the pay scale -as introduced on second reading by Councilman Cavarra and the title was read. Motion by CO:.Jncilman Cavarra "I move for the approval of Ordinance No. 182 on second reading and ordered it published and posted." Motion Cas seconded by Councilman Merklrnd passed 6-0. Ordinance No. 183 placing the proposal that the position of City Clerk be appointive rather than elective on the November ballot was introduced by Councilman Hulsey on second reading and the title was read Motion by Councilman ulsey "I move that Crdinance No. 182 be passed on second reading and be ordered published and posted." Motion was seconded by Councilman Merkl and pa5sed 5-1. Councilman Turner voted "nay " Ordinance No 185 placing the question of an increased sales tax on the November ballot was introduced by Councilman Merkl on second reading and the title was read. MI~ r ~ - 8/11/75 - Continued -5- Motion by Councilman Turner "I move that before a vote is taken on passage of this Ordinance that Item 4.B.4.Cdiscussion on capital improvement priorities for the sales tax increase money) be taken up" Motion was seconded by Councilman Cavarra and MOTION WAS DEFEATE~ 4-2 Louncilmen Howard, Hulsev, Merkl and Donaldson voted "nay." Motion by Councilman Merkl "I move that Ordinance No. 185 be passed on second reading and be ordered published and posted." Motion was seconded by Councilman' iulsey and passed 5-1 Councilman Turner voted "nay." Councilman 'Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye" and and Councilman HOW2'd voted "aye." Ordinance No. 176 amending Ordinance No. 50 regarding method of notification for weed control was introduced on second reading by Councilman Cavarra and the title was read. Motion bV Councilman Mel'kl "I move that Ordinance No 176 be amended as follows In the title the word 'OR' be inserted bEtween the words 'MAyOR HIS' Section 1 be renumbered to Section 2. A new Section 1 be inserted to read as follows 'Section 1. Section 1 of Ordinance No. 50 is hereby amended to read as follows Growth and Accumulation on Premises and Adjoining Sidewalks and Allevs prohibited. It shall be the duty of every owner of an open area, or any tenant or agend in charge thereof, as that term is herein defined, to cut or cause to be cut or destroyed all weeds in excess of twelve (12) inches in height growing thereon and to remove the weeds so cut to some place where refuse is ordinarily disposed of. An open area is defined as any area, in single or joint ownership which is less than five (5) acres, or an area of any size which lies within one hundred fee (100') of any developed area, platted street or existing thoroughfare. The area of control over which any owner, tenant or agent of property as described within this ordinance shall be responsible shall extend from the centerline of any alley street or thoroughfare abutting the property over which such control is to be exercised to the centerline of any parallel alley, street or thoroughfare which abutts the property over which said control is to tHl exercised. The term "weeds" shall mean weeds, grass, brush or other rank or noxious vegetation and shall not include flower gardens, plots of shrubbery, vegetable gardens and small grain plots. Section 2,3,4 and 5 be renumbered to Sections 3,4,5 and 6 respectively. Section 4. shall then have the words 'Section 3 of Ordinance No. 50' changed to Section 4. of Ordinance No. 50. '" Motion did not have a second called for. Motion to Amend Amending Motion by Councilman ~1erkl "I move in Section 1. the words 'and grass pastures' be added after the words 'small grain plots'." No second was called for. Discussion followed Councilman Turner objected to making individuals responsible to the centerline of the street and stated she felt the City had a responsiality to cut their own weeds. Council Cavarra stated most people do this anyway, and she would prefer T~Aon a voluntary basis Councilman Howard objected to the fact that it was Augustand past the growing season, and such ordinances should be drawn up in the winter. Councilman Donaldson stated it would be difficult for some businesses to cut ROW weeds. Motion by Councilman Howard "I move the amendments to Ordinance No 176 be tabled until 11/3/75." Motion was seconded by Councilman Turner and passed 4-2. Councilmen Hulsev and Merkl voted "nay." Motion by Councilman Cavarra "I move for the approval of Ordinance No 176 as introduced by Ccuncilman herkl and order it published and posted." There being no second after being called for, the MOTION DIED UiU111! ; 11/" .Oll-!- r I~P 1 [,"~o+ 0 C I \/0 HIe ..i..-l:'1o..!i 'ien 1 IfT:O e the 'Je lJroi,hdt O~ tile tal-Ice 'lt th~'3 time." lour c.J..lrrLu !-!"ulsp and N IIF}'FJ1.I~CEr Lt-L~ onnl:iso ;l.,ui lio1":J.rd rotei "nay." ~mendJnent to Or'hll:tllcP no Motio!l was ~esondpri b ~ounc_lmprl Vurr1er, ~ Jl'r"! 1nt t r:'l rj 10UL t~d t l~lt t llext meetirl Lhr->-rp '""roul i;Je \lbl......c ~..lri.rL~ 01 tll j3..:r:l,~1 eF to property by the fJenHpr ;\fater I--Io::-~rdiue to t;lP_r ~:Jtp.r line nro eGt 1,1.('[. ,J,.:ldreWt3, f'irector of jlninistrati~{e PTv.iceEi expla...ineJ t "l.t t \pre W'3,E the possibility of extension of Manpower end I'ET"', ).!osit_oLP - ,d evpr-,~ leJx.lrtment8 nd put in for requests 1 nl'3,IllJinv tecnnician, '\,' '1aintpnar,cpm'l.n T, 1 persormel technician, ") petrk rant,ers, 1 cl ric tJpL,t I anI 1 secretary I in the polLce dept , 'u'.d " ).,u1'lic dOl' '" m9.intenancemen He c;tated it was not Dositive that ",11 0 f t'le posi tions wo lId be filled and tLL, would. be 1rJrJ;i fundilW t :rou~\\ [une 7;0, 1::;71',. The it, mr'y supplenent ' 'I E ll'1ry over $10,000 ~nd if the City does not plan to 1-eep these peopl t irne 01'1' must be "i ven so that they can look for ~nother or. 'ie Etn,ted this was to inform the Council and he had ':llre,".dy ~n'J.de Dpplicatioll C:luncibmn Cavnrrc( requested an explano.tiotl of the need for '0 p'3rL r'l,nvers throUf'h the winter 'lot~on h" Counci lman Merkl "I move we ad iourn." \loti on waE seco ided by Councilman Howard ar d TIEL! "\-" vouncilmen Turner, Ca arra ,nd !onaldson voted "Ilay." Hotion b,I :oullcilmar, L'l,VCl.rr'1 "I move we .'1j ourn no later th'3.t 11 3(' pIn." Hotioll WF<S seconded by Councilman MerKl 3nd passed r -v lotior, by "ouucilmo:w Hulsey "I 'l10Ve we allow two members of the police dppartmeIlt to attend the Western c;tates FurglarJ Investig-atorc Conference irl ,acr:J:nento, (;, on '1/2_" /~'c, with expenses to be funded c'0" by LEiU\ l;r'1nt." Motiou waf'. secondEd 'ny Councilman Turner ctnd p'J,s5ed _ -1. vouncilmau Howard voted "n3.Y" Councilman 'Turner requested that c, list be distributed of all conferences '],ttended by employees; "lnd 9.11 conferences turned down. HI' Terman st'lted he had devised 0 questionnaire to be filled out b council to l.Lst the priorities of capital improvements to be accompl::,stled with the increased sales tCl,X. Gouncilman Turner ",tc,ted tJle intent of Mrs cavarr,' s request for a priority b,st week Iud heen to see Council's intent reg8rding the 'lOa 6ipJatures tlnt hori 1 een turned in last week on Lena "ulch pro 1,lem 1firs l<,rnadine ;pbow of 1rJhC,:; lvest :;5 Jwenue was present '"-ud st.,ted fihp was interested in Council actinf" on the Lena Gulch problem. :ouncilman Herkl stated he 1nd checked and th8t the !-13,rl'Ul treet T'r'lin.-we protlem was more serious and there would be " gre,~ter loss o life '\n1 property in the 1Q() year flood. Mrs. :',ebow asked W1Vlt 't<'\r'lntpe did the citizens have that this Y:loney would he spent orl celpi t 'J1 improvpments Councilman Herkl felt the stilff 6hould say what is Pie priori t;y without political interference and c:l.r;i tal iY:lprovements rYltXlIl "streets and drC1inal~e If GOUIlcil,naIl ::'-tvarr-; f'tgted the reClson for her request l"st weev W'lt-: th"t juring- the course of the discussion it W3sn' t clear whether so,~p ,',e'1'11 ers 0 T' the l;ouncil "el t the Gi ty sJwuld provide fundhli" for tie Lc"na ;ulch proiect and she r,:td w8,nted it cl,-trified, and tli",t nOH it 't6 proposed to look c;t "II the capit,'ll irnpro'vements tlnt need to t-' .lone ,ounei l:~."Ii Turner stC\ted CJ speci -,1 irnprovernentc; district had only 1.een sUi?iJ'estpd for the Len,'l ;ulch ,'l.re:t iud not for oUier pro ects le ~t'tted tlut, Len ';ulch ~oloods the e'18i est 'ltJd ,nost often of ,11 'Ire:",s, tnd t PI'P is no question that it cost tile ci t e3ch tir"e it h:x[:penc; '=-N~Tr} /1 ;' - or r !i.ed" 0...111\.. LoLl f-leI' I th ~ ~loo -1 j_lk~ ~ il':~ i e treet L~!lr t, tf~,~l It li-' IJena T:J.lc I f'e i ti 01i1 area w"here on 1 r::. te prop Art lr j tLe I'l.rl J. treAt re~) t ~ t re ~loo Ji "up there, 'j tt j ':ll'r'opp ",tred: :u~c!J is "11 .di the people'~ JCic ,f'l:!"12." fJ c</ , i.h t , f', ~ IJ.01-'. oj 1111 r, est ~+( ~nup ~l iked .J..f r:~ I1ILdl: ,o:::nL..ssion would e ;lske,-1 J i.;;:pro1T rl1t'~11tf', ~ouncilmR.n Eulsey st i!r'" Oi t J for their ted tlii ore)"i ttelP" i.nput 011 ic- req1J.jr8 l\T 1.'1'or. ...-... "L irevJ e:~p~ lJ..tlP'1 tlip lirls received or ~niE3cell':neouE' Durer lGt'-'S of ,sprl.llt [,e st,~!t he 'ecomrnended j\pplnlt F i.rE" t S10 <j[ IJe tOE eH el: tilOUt'! it '1 itip;her than the low id 0 f [:1' t 'J J.- eI' tor +' '011', ,j ec tern T v i.rl;' ecause it is closer to the , i t,l lLn c t OULG 1!1;!J aF~u'r'! ~l[';'ked 1 l1yone hsd co:nputed thE~ cost li f' ert..!!lt... 1 ~orrlp' irw nc:unber of trip." etc. cUld felt the i ty should je c:;rpj'1l1 11~r: not" j"...ept.J.Il? the low llid '.10 t on !' ounciL::-Ui Her,~l "I ;lould move of ':1sph:llt to sph!l,lt l'lvinv at p C l'1.r.c2'ed to I\ccount 41=;0 ')1." Hulse:/ :"11U1 pnssed 1-.-0. t!1'lt we 11'I':1rd tILe iJ of ~~th ~nd McIntyre at ~1J Motion W".8 sec01:deel b.f n1i2c.::llat1eou~} pure ..tS80 pel' to! to ,Oilll:; il:nnrl ,- ,Hw JS ,nnounced the id openinc' for ',sph.llt .Jor md thp t 'ie .:n on /1 /'?" in the Public orJ. s r1ep:Jrtment. Y' po ~':r- pr'nn ',Iso "'if eel when would be good time for 'i relir:rin.,ry 'uicet 'leetilw with the ~ouncil andcbp:J.rt:nent hei.,ds epte".1ber 17t, 'I!"~ aentio led ut ,-,orne Jounc;ib:er: could not ',ttend. ,ounc ,l~Il'1.n '1"',r1", sUI~~ested :) ni<e;ht meetinG l,ouncilrnrUl DOrt."llJ.SOll Do j llic!.!~t 01 "'IL;t eptern er 1 cj.th Well" mentioned and I~ouncilmnn JIulGey 01' e ;t['d. .r P~'".l .1, ~s to :,rr~lrlR'e " d'lte Joun.;i1.ln:>.rl ! er;'.l movecl for 3djournrnent lIld noted throt the i)uu1ic \,ro~Lc ,oITlmi ttee had teen present to !c~ive tlieir report on the si 'nal .,t " e 'll,d Youn""field. equent Heeting ;I'lS ~,diourned .,t 11 ~c: p m r ~ ... J '- .~ l n' B ) ,.l'ty' 'i-~se roug:l8.m; "p- / f_ ((t/!! I C'letk , PI ROVn /f~f) '-/;. ~ / /7 I! ,