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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 -,:. '- / '-""':"-