HomeMy WebLinkAbout09/08/1975
MINUTES
September 8, 1975
The Study Session of the 111heat Ridg e City Council for the month of
Se~tember 1975 was called to order by Mayor Homer Roesener at
4355 Field at 7 30 p.m.
Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Robert
Howard, Calvin Hulsey, Larry Merkl and Louise Turner.
Also attending were City Administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, staff rnd interested citizens.
Discussion of department head's salaries was scheduled M~ Ro~~~ner
stated he was in favor of raises and felt they were due the department
heads who had not gotten raises when the other employees received them
Councilman Merkl agreed and staed he was in favor of a cost of livi g
increBs"e:Gltha-neighborhood of 5%. Cg~~~jlman Hul_~ey agreed a~d
stated "their groceries cost them just as much as anybody else
Councilman Donaldson was in favor of an immediate raise
Councilman Cavarra asked if the 2 department heads whose salaries
were due their regular raise soon would have that considered as a
separate item. Mr Jerman stated "yes." Counrilman Cavarra stated
there were 2 department heads who were recently employed.
Mayor Roesener stated this should be "across the board" raise for
the cost of living
Mr. Jerman stated due to the drastic cuts that had been made in the
Budget and the fact that the revenue is holding, there would be sufficient
money for raises.
Councilman Howard objected to a % cost of living raise because it is
a larger amount for higher salaried employees than the average worker,
and stated he was in favor of a fixed dollar amount. Councilman Turner
asked what the instructions would be for the pay ordinance based
on a percentage or a fixed amount. Councilman Donaldson suggested
having 2 ordinances for each proposal. Councilman Hulsey sta~ed he
was only in favor of a percentage basis. Mayor Homer stated an ordinance
based on a percentage basis would be brought in.
Mr. Jerman announced that the 1975 Operating and Capital Budget
had been submitted as of 9/8/75 and that the first discussion on it
by Council was scheduled 9/14/75 at 1 00 p.m. He also stated that
a letter from The Jefferson County Commissioner had been received
stating that a delay in reporting the mill levy until 11/7/75 was
allowable which would allow time for the mill levey to be raised
if the sales tax question failed He noted this would entail
a special meeting of Council however
Councilman Turner stated she felt this was very improper to set the
mill"ievy after the election, and that it should be done prior
to the election. Mayor Roesener stated there was no deviousness
intended, that the city had been criticized for inadequate drainage
and the City had to have the increased money. He stated nothing was
intended to slip by the voter
Councilmanf!3~arr3'!. stated she hoped each Councilman and candidate
should make known their views on the mill levy, and she personally
felt if the citizens reject the sales tax, they are rejecting that
amount of increased revenue for the City which should be considered
in the mill levy increase.
Councilman T~~~er clarified that the budget for 1976 has a separate
capital expenditure budget contingent upon increased revenue She
stated she felt this was "holding capital improvements over the head
of the voters." She doesn t agree there is no money in ille 8udget
and the philosophy that nothing will be done unless more revenue comes in.
MINUTES - 9/8/75 - Continued
-2-
CouncilmanMerkl asked Councilman Turner where would the money
come from "in-house." Councilman Turner stated in the past 2 years
there had been various expenditures which could have saved money if
"gone a more economically route." She stated there were many, many
such items she had consistently voted against. Mayor Roesener
stated he would like to meet with her to get her suggestions in writing.
Information regarding a fra~chise fee or other alternate plans for
refuse collection had been distributed. Mr Jerman stated no
cities have a franchise fee that they had conta~ct8dibut that several
had licenses or were contracted by the City.
Councilman Cavarra stated that trash trucks pay a state license fee
of $1100 per truck and that this was inequitable and perhaps some
of this money should be directed to the cities where the trucks are
being used, and that this would have to be done through legislations.
Mr Jerman stated a license fee would be some return to the city for
the da~age to the streets.
Councilman Donaldson recommended sectioning off the city and allowing
only 1 company into the district.
Mavor Roesener stated he would like the trash companies to pay for the
damage to the streets and not have the cost reflected to each homeowner.
Councilman Merkl requested a cost breakdown on the City doing their
own trash collection. Councilman Howard stated that a consulting
firm needs to be hired to do such a study.
Councilman Cavarra felt it would be a mistake for the City to go
into the business itself and that recently the City had adopted the
philosophy that "private industry can do it better" and recommended
contracting with firms. She also stated this had been a low priority
on the Task Force qJestionnaire.
Councilman Turner questioned if there were any serious demands from
people for this service. Mayor Roesener stated 1 out of 3 phone calls
he received was in regards to scattered trash, hours of collection
and dented garbage cans. Councilman Turner stated she had had 1 request
regarding limiting collection during normal sleeping hours, but she
had never had a request to have the City take over or regulate the
businesses Mayor Roesener agreed he had had no demands to take
over the business.
It was agreed that the cost of a consultant as recommended by Councilman
Howard could be investigated at the budget hearings.
A proposed ordinance providing for the preservation of trees and establishing
procedures for the identification of Heritage Trees and conferring
authority to the Arborist Board was scheduled for discussion
City Attorney Fox stated the ordinance as written is unconstitutional.
He explained the delegation of authority to the Board to set up the
guidelines and decide who is violating the ordinance is improper
delegation of the legislative branch of your government. Enforcement
of criminal laws can only be by the legislative officials duly authorized
by statute and the constitution and "that would be yourselvesCthe Council),"
and ~ou cannot delegate that" The matter of review is strictly before
the Arborist Bbard and no right of review of the judicial system which
is improper.He criticized a definition of the 40" tree or 20" and
questioned what happens to all the other trees, and he also criticized
the section that prohibited digging around a tree.
Councilman Cavarra and Merkl stated they were in favor of the concept
of preserving heritage trees
MINUTES - 9/8/75 - Continued
-3-
Councilman Turner 8sked iF the ordinance were rewritten properly
if it was unconstitutional to protect large trees City Attorney Fox
stated if it is a punishment and a crime, then it should simply say
it would be unlawful to cut trees of certain circumference making
the enforcement judicial. He stated permits could be issued by
the Arborist Board however. He stated one must be careful in restricting
use of a person s land. Councilman CaV8rra stated she would like
to see when there is new construction, that the plans are made which
would make use of the existirg trees and land
Rich Bredt, City Arborist stated he was in favor of designating certain
trees as heritage trees in the City and that he would like to see
developers made to use the landscaping that's there instead of
knocking them down. Mayor Roesener recommended a plate designating
these trees.
It was agreed that an ordinance in proper form should be brought il.
Mr. Jerman gave a report on funds request to DRCOG for environment
Impact Study and a preliminary engineering for W.44 Avenue. He
stated he would like to pumue the request for $80,000 of the surplus
funds available.
Councilman Cavarra stated extensive public hearings are required
and questioned when these would be held. Mr. Jerman stated he
wanted to make sure there was money available first.
Councilman Howard stated in the 5 year UJtEn Systems Program that Wheat
Ridge is scheduled for 1979-80 and the preliminary engineering monies
are available in 1978. He stated the City's portion of funding is 27%.
Request from the Chief of Police for purchase of police vehicles was
scheduled. Chief Pinson recommended converting 4 heavy duty staff
cars to the patrol division, and buying used lease cars, Torino class,
for staff use. The Chief stated he would select the vehicles very
carefully.
Councilman Merkl stated he felt at least 2 of the cars co~ld be a smaller
class. Mr. Jerman stated the new i976 3udget provides for compact cars
to be used by the city staff. He stated the staff should negotiate
rather than bid.
A report on the situation of Lehrer's Flowers at W. 29 Ave. and ~ewland
was given by Dennis Zwagerman. He stated the lawsuit by the City
had been denied on the basis that increasing sales or intensity of
the business was not a valid increase of the business.
Councilman Merkl stated he objected to the placement of the underground
fuel tank and parking of vehicles in the ROWand the trash recepticles
on the street.
Mr. Zwagerman stated that from the evidence that
1. Retail and wholesale business has increased on the site.
2 An additional building was added to the site in 1974 without
a permit which is a portable metal building.
3 Parking on the residential area east of the main building
has increased.
4. A gasoline tank and pump was installed in 1974 without a permit.
5. The property behind 6431 W. 29 Ave. is beilig used for
potted plants and wasn't used for this purpose prior to 1971.
6 The fence was added along Newland St. without a permit
7. The greenhouse was constructed over a stop work order in 1974
and was dismissed due to improper filing.
He stated the intensity uses have increased and the greenhouse
wholesale and retail sales are legal non-conforming uses which included
parking and maintenance. The sq~are footage cannot be enlarged but
the intensity has little bearing.
Mr. Zwaqerman stated "I feel that A. the parking has been expanded illegally on
the east side of the main building. B. The commerc~ use of the
properGY was e:<paned illegally by the addition of a small metal buiJding
and the addition of an underground fuel storage tank and storage of
potted plants." He stated the City Attorney should review the ~ossibility
of chBrges. He stated a notice should be sent for a fence permlt and
MINUTES - 9/8/75 - Continued
-4-
And it is in violation of setbacks. He also stated if the non-
conforming section allowing 10% reconstruction meant the conpartments
of the greenhouse then they were in violation, but the were not in
violation if remodeling was figured on the whole area.
Councilman Merkl stated "no parking" signs were needed and the
trash dumpsters should be off the ROW.
Mr. Zwaqerman commented the majority of the residents interviewed
felt the greenhouse was not a problem, but they felt very strongly
that the park at W. 29 Ave. and Newland had no parking and that
this was their concern.
It was determi~ed that the Director of Public Works must determine
the ROW.
City Attorney Fox stated parking of vehicles on the ROW is permissable
unless the area is restricted
Councilman Cavarra recommended placing signs that state "~o Parking
from here to the corner."
Mr. Andrews stated a report had been distributed on the average cost
per ton of Asphalt Paving compared to other companies. Asphalt Paving
was $11.55/ton and the next price was $12 DO/ton. He also stated
that since Asphalt is closer it is safer for the employees since they
have less traffic.
City Clerk Elise Brougham explained the revised Rules of Order and Procedure
for Council. It was determined that City Attorney Fox is to write
and review several sections that were questioned, and the Rules will
be brought in for final adoption.
A report on possible locations for consolidation of offices in the
City was distributed. Mr. Jerman stated from an economic point
of view it was better to stay where we are for the time being because
the City would only be ~ing more money than it is now into leases.
He stated the proposed capital projects in the Budget have 1979 as
the year for a new city hall. He recommended renewing the present
leases.
Councilman Cavarra stated she was for consolidation and objected to
fue increase at the Vantage Building and wanted only a 1 year lease.
It was consensus of the Council to renew the leases.
Meeting was adjourned at 11 40 p.m.
,;-
'-- I .,... ,
"-::;.,/ /,;///,(
~. '" -t__ ' " ~.-C,A_..c, ~n<
El;1:S11/ Brougham, City Cle1k
APPR OVCD
_-t
" f
,"
'i -,:. '-
/
'-""':"-