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HomeMy WebLinkAbout09/15/1975 :-1HJU F S September 15, 1975 The two hundred a d rirety-eighth regular meeting of the Whea Ridge Ci y Courlcil was called to order a f 7 30 P m a f 4355 , ield by ~Iayor Homer Roesener. Councilmen ai~ending were Mary Jo Cavarra, Joseph Donaldson, Rober1 Howard, Calvin Hulsey, Larry ~erkl ard ~ouise Turner Also aLtending were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. Motion by Councilmar ~'"erkl "I move we delay any action on any r':inutes this evening for 1 week." [IIlotion was seconded by Councilmar Donaldsor and passed 5-1 Councilman Turner voted "nay." Public Comment was made by Christopher Johonson of 4533 :verett stated he had had difficulty getting his dog out of the pound. He had been to the pound Sunday and had been told to go to the Wheat Ridge Police Dept. to pay the fine and bring back a receipt so the dog could be released He stated when he had gone to the Police Dept. he h=d been told only the animal warden had the amount of filie due wr'j ",he wac; i'jot there. He wtut'ed his wife had gone back Monday and the animal warden was not there wi!h the fine list He stated this delay was costing him each day. Couflcilmall I iulsey irlq-1ired about the procedure and felt the fine lis! could be kepi at the Police Department and felt the City could make up the difference of the fine since Sunday f_~LJncilman Turner stated the law provides hat a list of animals be kept at the Police Dept. and since the pound is overcrowded anyway, animals should not be kept any longer ~han necessary. l"io"t:.i:.g,,~ by Councilman Cavarra "I move we direct the Ci y Admhiistrotor to look into this matter, aid waive all fees incurred since Sunday" Mo+ion was seconded by Councilman Turner and passed 6-0. Mrs. Martha Combs of 3850 Independence Court stated she had been trying for several years to get Independence Ct by [verett Jr High repaired. She stated it had been patched but not resurfaced for 20 years. She stated the condition of the street is very bad and also objected that turning right to go up the hill on Independence during school hours is very hazardous espcially in the winter, and recommended that cars ollly be allowed to turn left or one way. She also stated she has called the Public Works Dept repeatedly to find out what work is going to be done on the streets this year and no one can tell her She also asked if when they do overlay the streets if paving up to the driveways will be done like it used to be. Councilman Tuner stated she had asked jVir Sparlin of Centennidl Engineers and although he was not clear on the subject, he stated if paving existed to the driveway then it would be paved again when the work is done because the driveways end at the ROW line. Mot~.Q!2 by Councilman i"lerkl "I move that the City Treasurer be authorized to invest $10,000.00 of the City of Wheat Ridge Parks ~ecial rund in the purchase of $10,000.00 of 26 week U.S. Treasury Jills at a yield of b. 90 1% per annum." iVlotion was seconded by Councilman Donaldson and passed 6-0. Case WZ-75-12 rezoning request by Richard A Zarlengo at 9720 West 44 Avenue from Restricted-Commercial to Commercial-One was scheduled. Marilvn Habgood of the Planning Dept. stated 1. Most of the land use and zoning in the area does not conform 10 the L'1'W Use Plan which recommends mid-densi ty residential. Mid-densi tIJ residential is nol realistic due 10 existing uses, zoning and arterial function of West 44 Avenue. 2. Rezoning would bring the property into conformi y with the zoning ordinance 3 The Planni-g Commissio~ recommended approval and ame dirg he Land Use Plan She explained thaI he Land Use Plan was amerded by recommerding and approving the requesL. MINurES - ~/15/75 - Continued -2- bi-'JL._AJ.Jorney Fox sta t;ed the Planning Commission can recommend 3fl amefldmer'i ! 0 j he Council for I,heir approval. R~~ard Zarlenqo applicant and owner of the property stated he had owned it for 12 or 13 years and that the dairy queen business had been there a "long t;ime." '-Ie st::;ted he found out it was non-conforming when he applied for =. building permit. '-!e stated they wished to b88utif~ the building. Harold Patton of 6300 fukon and manager of the Dairy Queen stated he had called the Planring Dept. and they told him there would be no problem so he ordered his signs at a $2500 cost but was not permitted to put them up ~IO one appeared in or:;position. Motion by for these 1 Councilman Cavc:rra "I move that Case WZ-75 12 be approved reasons The Planni'lg Departmerlt arid PlanJling Commission recommend approval. 2. It brings it into conformity with the general land use in j-he area 3 I also move that we amend the La d ~se Plan in this dreB to show commercial." Motior! was seconded by Councilman1ulsey OJ Id passed 5-1. Councilman Turner voted "nay." She explained i I, is cOilflic with the Land Use Plan and improper information had been giver! to the appliea t. City Attornev Fox stated any time zoning is changed the Land Use Plan is amended. He stated each time zori g is changed the lu d use portion of the Comprehensive Plan is changed. Applica io by the PIa-ring Commission to amend Ordinance No 93 i the Planned Commercial Developments to allow City Council to vary parking requirements was scheduled !'1aril,y.!:1. labgood explained the new wording would allow requirements for parking as established for similar uses ir other zO'li'lg districts instead of stating 3 sq. ft. of parking for " sq. ft. of gross floor drea. There were no comments from the audience. i"lotion by Councilman i"lerkl "I move that the staff be directed to draw up an ordinanCE revision concerning this request." Motion was seconded by Councilman Hulsey and passed 6-0. Dave Love from Wright i"lcLaughlin l:..ngineers was present to explain Phase 3 of the Lena Gulch Study for the Urban Drainage and Flood control District He stated the plan is to minimize loss of life and alleviate flooding problems. He stated there is a volume 2 of maps which will be coming out shortly He stated the plans are for a 90' wide channel at the top which would be 4' deep with the side slope rdtio of 4 to 1 which iw a gradual slope There would be a short area near Parfet St. which would be narrower due to apartment buildings with concrete sides. fhey plan to relocate the Gulch near the Red Barn for a more historic path 11, will be a $2 million cost for Wheat Ridge $631,600 for bridges, ~.15 million for grass lined channel cost etc. and $200,000 for ROW. He stated the City of Wheat Ridge does not own the ~ena Gulch eha--el presertl;. He stated the City has contacted the ~rba- Drainage District and attempts are being made to get the 5 year plar changed to direcL some money to Wheat Ridge He stated the first priorities are correcting the hazard of the i"laple Grove Dam Reservoir and 'he second priorities are correcting Ihe Clea~ Creek area to Parfet which is ill Whea' Ridge. I,e stressed this is only the i'flaster Plall and if is not final ~e stated the flood plain designation has been accep!;ed bV the Colo. Water Conservation Board and the Flood Control District ~e wer' ttro~gh the plan and stated a historic building thai was designated to be torr could h3ve the channel changed arourd it by Hook School The Red Barn is absolutely required to be removed. IVI1"UTcS - '3/ i5/75 - Continued -3- Dave Love there was tentatively scheduled the removal of 8 or 9 homes in Wheat Ridge ~e stated they were house downstream from Kipling ea5 t and north on 41st., the bicentennial historic store lProspect valley) but as he stated before they could go behind the school and save the store, the Red ~arn, 1 house upstream from the Red Barn but it could be saved He stressed the possibility of the concrete walls in areas is possible but the cost is very high. He stated where the cement is at Parfet by the apartments it will be fenced because it is hazardoys ~ith the increased speed of the water. They plan the grasslined channetOup~tream from Parfet to Simms. He stated the outlet of drookside Ditch will be moved upstream. He stated a house wilh a tennis court will lose 20' of the couri Louncilman Cavarra pointed out that many of the yards will usable. ~puncilman Hulsev asked who would be responsible for the land. f'ir. Love stated the City could buy it or there could be easeme" s with the properi"y owner responsible. Citizens in the audience interested in this rpport are as follows Elizabeth K. Ramesey 11125 W. 38 Ave., Apt. 2 Nancy S"ow 1"155 W 40 Ave The Red Jarn '::r,c., President John C. Campbell, 10500 W 38 Ave. riarvey h. Kolesar 3737 Garland Wayne Preston 34Bo upham Peter and Mary Rex 3388 Swadley Marilyn Repsher 3368 Swadley Carolyn and Bill Duffey 3378 Swadley Shirley and Andy Shamey 3453 Simms Sandy Leslie 3358 Swadley Marie Osse 12081 W. 32 Drive Ken and Judy Zarlengo 12161 W. 32 Drive Glen and Dawn tsen 12271 W. 32 Ave. Robert C. Hall 11620 W. 35 Ave. Gene Harlow 4660 Estes James E. Avra loB95 W. 39 Ave. Larry K Jaker 4045 Miller Ct. Cliff and Bernadean Gebow 10855 W. 39 Ave. Jim opp 3232 ~ivian Dr. GUY K. Carr 3252 vivian Dr. Earl L. Graham 3282 Jivian Dr James Elliott 3553 Simms Martha Combs 3850 Independence Some comments made by citizens are 1. The '-iitch or Gulch is only cleaned by certain residents and after the flood a letter was received ordering cleaning up of the area but it was not enforced. 2. One woman stated her title policy showed that Consolidated Mutual Water has a 10' easement and is responsible but they never clean it. 3. There is a rat problem in the ditch. 4 If the sales tax is passed is there any guarantee that the the money will be spent on Lena Gulch? 5 Some people felt Consolidated Mutual is responsible for the dam and also pollution of the water. 6 One man asked the City to remove a cement gate immediately behind the ~operty of 12271 W. 32 Ave. which is not being used but acts as a dam for debris etc. 7. A lady s~ated there is a willow tree th~t should be removed. 8. There are discrepancies in the various flood plain maps used by the city Dennis Zwaqerman Director of Community Development st~d there are 3 flood plain m~ps The Federal Flood Insurance Administration Office has a map for reople eliqiie for insurance which ftilows street lines and/or property lires, the one currently ir the City office 'jore by the corps of =ngineers), and there is an additional study of Lena Gulch and Clea. Creek which esselltially has more property in the flood plain. fJlr. Jerman stated thdt 011 ',)/<-:1/75 there is the meeting for the capi tal improvemen t pldTl to review the priori ties and he pIano attend for Whea+ Ridge. 5 year to MINUTES - 9/15/75 - Continued -4- Councilman Cavarra explai~ed that fundi~g could not be asked for until he plans were complete which was just accomplished now and that some of the funded projects in the 5 year plan had had their plans completed years before. Mavor Roesener slated if the people want it done there needs to be a additional sales tax or mill levy, and the Council must decide what t-he people wa"j" I was noted there was also or the Agend a letter from the Urban Dra:irnge District inquiring into Wheat Ridge'S interest in a 30 year bond issue for $55 million for the whole area which would speed up when all the work would be completed. They need a reply from all cities and t-he election would tentatively be in June. Mr. Love stated the 30ard leeds a feeling of the community for total funding by bonds. '~e also stated the bonds would be toful fu Iding. Motion by Councilman Merkl past midnight." i"lotion was 5-0. Councilman Turner w~s "I move tha t the meeting rot continue seconded by Councilman Hulsey and passed ubsent. Renewal of the dumping permit for Kipling 5000 at West 50 Avenue and Kipling was scheduled. Marilyn Habqood stated this was north of W. 49 Ave. at Kipling and that they were requesting to dump 40,000 cubic yards for grading for future development. She srated 1 fhe area has received several thousand yard of fill in the past. 2. The fill will facilitate development of the parcel. 3. The requirement to level or smooth the area monthlywas stipulated on the 1974 application and should be included in the approval 4. The application meets all requirements of the ordinance. Mr Dwiqht Griggs owner spoke for the corporation and Mr Williams and Mr. Helbig were also present. He stated it was first issued I year ago and hoped it could be finished in the next year if they continued to receive material like they had in the past. No one else was present regarding this application. Motion by Councilmar uulsey "I move that the renewal request for a Dumping Permit be renewed for 1 year only for Kipling 5000 (at W. 50 Ave and Kipling) because it was approved by the Planning Commission, the application complied with all requirements of the ordinance and there wa;no opposition. I move that the area be smoothed and leveled on a monthly basis." Motion was seconded by Courcilman Donaldson and passed 6-0. In answer to a question from Councilman Ho~ard, Mr. Zwagerman stated Arvada is studying a number of routes form Kipling allignment etc. and the City is participating. Hotion by Councilman Turner "I move we renew the lease with [VIr. Papedo for city hall building at $200 per month to be ch=rged to Account 417.37 for 2 years." [vlotion was seconded by Councilman How~,rd and passed 6-0. Hotion by Councilman Merkl "I move we renew the lease on the Vantage duilding (J.W. Kane and Co.) at a cost of $254.17 per month which is a rate of $6.25 per square foot to be charged to Account 413.37 for 2 years beginning on ,ovember 1, 1975." Motion was seconded by Courlcilman Donaldson arld passed 4-2. Councilmen Cavarra and Turner vot"ed 'my." riotion by Councilman, ulsey "I move we accept the deeds as presented from Robb Street Investments and hipling 5000." Motion was seconded by Councilman Cavarra and passed 6-0. M1~UT~S - 9/15/75 - Continued -5- fViotion by Councilman Cavarra "I move to approve purchase of either 3 or 4 police vehicles for the Police Dept. at a cost not to exceed $10,600 to be charged to Account 422.41 " Motion was seconded by Councilman Turner and passed 5- I. Councilman rloward voted "nay." Ordinance ~o. 186 amending Ordinance o. 98 regarding non-conforming lots of record was introduced by Councilman Merkl on second reading. The ~itle WdS read. Motion by Councilman Merkl "I move for the approval and adoption of Ordinance No 186 or secord readirg ar;d order it published." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman furner voted "nay." Ordinance No. 187 amending Ordinance r'o. 98 relating to non-conforming signs was introduced by Councilman Merkl on second reading and the ti Ue was read. Motio~ by Councilman Merkl "I move for the approval _ d adoption of Ordinance No 187 on second reading and order it published." Motion was seconded by Councilman Hulsey and passed 6-0. Mr. Jerman reported he was organizing a committee for the sign code. Ordinance I~_o~ 188 authorizing a rebate for property tax for senior ci Lizens was inimduced on secor,d reading by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move for the approval and adoption of Ordinance No 188 and order it published." Motion to Amend by Councilman Turner to have the words 'August l' deleted in 'January l' be inserted." (Said Motion apply for the refund). "I move ordinarlce 188 be amended Section 5 and the words would allow a longer time to Mr. Jerman recrmmend not extending the time as it would complicate the administration. Councilman Turner stated this is a service to the senior citizens and that many pay their taxes promptly, and it is less of an imposition if it is spread out for the office help and the citizens. City Attorney Fox stated the date should be January 1 of each year that the applicant is 65 years old It presently stated one must be 65 by August 1. Motion by Councilman Merkl "I move that we table this ordinance for 1 week." Motion was seconded by Councilman Donaldson and passed 6-0. Ordinance No. 189 amending Ordinance No.98 relating to off-street parking was introduced by councilman Merkl and the title was read. Motion by Councilman Merkl "I move that Ordinance No. 189 be approved and adopted and ordered published on second reading." Motion was seconded by Councilman Hulsey Motion to Amend by Councilman Turner "I move that in Section 2.A.2 Surfacing--~-that after the word 'materials' a comma be added and the following words be added on unless otherwise approved by the Planning Commission.'" Motion was seconded by Councilman Cavarra and pRssed 5-1. Councilman Howard voted "nay." Motion to Amend by Councilman Cavarra "I move that in Section 2.A 4. i-;:;--the -"s"e"co"rld-"paragraph, that the secord sef'tence beginning with the I~ords 'Vehicular e trances' be deleted in its entirety and the following 6el terce De inserted if' its place 'Vehicular entrances or exits shall MINUTL5 - 9/15/75 - Continued -5- be spaced ar, no; less than 100 (one hundred) foot intervals or at nol less than fifty (50) feet to the centerline of any intersecting s~reet or nearer than twenty-five (25) feet to any adjacent property l~ne, except where it is possible to provide one access point which wlll serve both adjacent properties or where adherence to these requirementc would leave a parcel of property without vehicular access in which . , case elther or both of the setback requirements, or the spacing requirement may be reduced or er:larged so as to permit a sirigle vehicular access poil-,L '" f'lotiolr was seconded by Councilman r~erkl and passed 6-0. b8u_'2~g_m_,!n LlJ.E.fl~r: asked ~ f non-conforming curb cuts can remain and will not. be made to be torn out. f"lr~J_o~ stated if the same non-conforming use.co~~lnues.Then they can use the curb cuts, but if the use changes or 13 d13C01 tl ued the,., they would .ot be legal. ~e stated at the time the or_co forming use is given up, then the area must be brought into total compliaflce on a use basis. ~I.' Zwager~an stated waivers can be obtained from the Planning Commission and only 'lon-conforming use is phased out in 12 years. Jim Willard of Lu theran Hospital stated they objec t to the 8 parking spaces for medical office psace and feel it is excessive compared to the requirements in other areas. Question was called or Amended Motiorl adopting Ordinance No. 1B9 aid passed 6-0 A question was brought up 0'1 the wording of the sales tax i lcrease ballot question, and Mr. rox stated it was in the ordinance passed and if any changes are to~ made it must be made by ordinance Mr. Jerman stated he would like the intent of Council that this is for capital improvemnts will stand. Ordinance No. 190 giving pay increases to department heads was introduced by Councilman Merkl and was read in full. Mr. Jerman stated each department head will remain in the same step he is presently in and it is a 5% increase. Mayor~esener stated he was in favor of a ~h% raise for the department heads. Councilman Hulsey agreed. The other Councilman felt 5% was adequate with some mentioning that there would be another increase in January. [Via tion by C ounci lman ~1erkl "I move for the adop t ion of Ordi nance r,jo. 190 on first reading and order it published." Motion was ~conded by Cou::cilmafl Hulsey and passed 4-2. CO!Jncilmell Howard a:,d Hulsey voted "ray." Councilmen Cavarra, Donaldson, Merkl and Turner voted "aye." Councilman Merkl requested an executive session after the meeting. Motion to adjourn by Co~ncilman Donaldson and seconded by Councilman Merkl was DEFEATED 5-1. Councilman Donaldson voted "aye." Motior by Councilman Cavarra "I move we cover Item 5.8.2. (report of bids for renewal of vehicle insurance) and then adjourn." Motior was seconded by Councilman Merkl and passed 4-2. Councilmen Howard and Turner voted "nay." Councilman Turner stated Item 5.~.4 request for discussion of city's insurance program and broker of record ~signation be included also. It was srated tha; this item would be included since they are on insurance Gar!L fiisperL of Galbraith alld Green stated they had studi~d the.City's insurance for vehicles his'ory and recommended the followlng whlch would save money 1 Eliminate collision on older vehicles which will save $111o/year. 2. Recommend $50 deductible for collision liability saving ~465/yea~. 3. Recommend $50 deductible for comprehensive saviflg $52o/ye~r. This would make a savings of $2095. He stated the low bid from Great American ~nsurance Co. of $15,157 would then be reduced to $13,062. Lar~C!.~ speaking for Trus t: Hall Insurance Agency which presen~ly has the vehicle insurance stated thAt there has been 6 wrecks Slnce June where the City is at fault which do not show on balbraith- ~reene's study MINUTES - 9/15/75 - Continued -7- Mr. Cox slated Gr8at Am8rican is not the low bidder and handed out a sheet staling Home Insurance Co. with Trust-Hall Agencv had a bid of $14,977. Said letter is attached to the Minutes. Mayor Roesener stated this is e~emely improper because "this is a matter of publication and then on the same day you come in after these bids and you come in with a lower one, I cconsider that frankly unethical." Mr. Cox stated "two wrongs do not make a right" and his orginal bid was furnished to Galbraith and Greene. Mr. Cox stated what they are objecting to is the method of the City's obtaining insurance. He stated the only fair way is to bid openly and competilBly which hasn't been done. He stated bids should be secret. He stated the only way to bid competively is to obtain from more than one businessman. M8.YQI Roesener stated when Galbraith and Greef'e became a broker of record it was published in the paper. Mr. Cox conceded it was public. Counci_lman Hulsey stated he thought the Ci ty did bid wi th sealed bids. Mr. Cox stated his bid was not sealed nor called for, and on August 18 he submitted a bid to the City which was given to Galbraith and Greene. Mr. Kispert stated a broker of record agent surveys insurance and does all work on the insurance. Mr. Cox stated Galbraith and Greene receives all the commission and there is not erough commission to split with anybody else or agency. Councilman Cavarra stated Mr. Cox had called her at home and felt he had said some improper things and asked if he wanted to repeat them publicly. [vIr. Cox stated there ae things an agent could do if they had control of the bidding. Mr. .orm ~allaher was presert and stated that in the last 6 or 7 years ~had handled 60 claims wi th Hartford for the City. Mr. Crandall owner of Trust Hall stated they are not trying to make accusations at Galbraith and Green and it is not a question of the small profit, but they are questioning the fact that there is not an adequate method being used for fair competition. He felt Council didn't realize they were giving all authority to 1 company. Ye stated he felt the citizens and taxpayers aren't getting a fair bid and the people who wished to bid couldn't. Mayor Roesener stated he felt an apology was in order and he personally felt the integrity of the Council and Galbraith and Greene had been attacked. There had been public information when the decision was made and he would not be a party to breaking any contract. [Vlotion by Councilman Howard "I move that Galbraith and Green the Ci ty of Wheat Ridge's Insurance Representative, be directed to contract with Great American Insurance Co. for the City's automobile insurance for the next year beginning September 18, 1975 for the following coverage and changes Automobile coverage as defined in Item IV. except with the deletion of collision coverage except for the 1974 and newer vehicles, the 1972 Internawional Dump Truck and the two 1973 International Dump Trucks. Include a $50 deductible automibile property damage liability coverage Include a $50 comprehensive deductible coverage at a total cost not to exceed $13,062.00 to be charged to the .36 accounts of all departmeflts involved withifl the City." hotion was seconded by Councilman Merkl and passed 5-1 Councilman Turner voted "nay." Meeting was adjourned at 12 45 a.m. and an Executive Session was held afterwards APPROVED ( ~i "1!~A~~ 7)-- ~. f / TRUST-HALL INSURANCE AGENCY 3798 MARSHALL, SUITE #2, P O. BOX 290 WHEATRIDGE, COLORAOO 80033 TELEPHONE. 421 2802 MINUTES - 9/15/75 - Continued - Page 8. September 15, 1975 Honorable Mayor and Members of the City Council Wheat Ridge Colorado 80033 Re City Vehicle Insurance Renewal Quotation Dear Mayor and Members of the City Council, I am happy to be able to amend my quotation for this renewal to $14,977 00 with the coverages as stated on page four of my letter Coverage is quoted in the Home Insurance Company -- the company now writing the vehicle fleet The quotation for the alternate $50 00 deductible on Comprehensive remains at $14,494 00 SinT'iY' 1 ~HAL~CY' Larry C x Vice P esident INC @] REPRESE~JTING SAFECO INSURANCE COMPANIES