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HomeMy WebLinkAbout12/21/1972 MINUTES December 21, 1972 The one hundred and eighty-sixth regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also present were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, staff personnel and interested citizens. Motion by Alderman Pepe, seconded by Alderman Donaldson and passed 3-2 "That the Clerk dispense with reading the Minutes." Aldermen Bramble and Howard voted "nay" and Alderman Abramson abstained Rezoning Case WZ-72-24 came up for decision. Motion by Alderman Abramson "I move that Case WZ-72-24 be approved because it is the best use of the property, it was recommended by the Planning Commission and Planning Department, and them was no citizen opposition." Motion was seconded by Alderman Hulsey and passed 5-0. Alderman Howard abstained on this and the three following cases because he had not been present at the hearings. Motion was seconded by Alderman Hulsey and passed 5-0. Rezoninq Case WZ-72-27 came up for decision. Motion by Alderman Pepe "I move that Case WZ-72-27 located at 7671 West 32 Avenue from Residential-Two to Residential-Two-A be approved for the following reasons 1 It would be a buffer between the Residential-Three and Residential- Two, and 2. Alderman Abramson It would be the best use of this land." Motion was seconded by Hulsey and was defeated 4-1 with Aldermen Donaldson, Hulsey, and Bramble voting "nay." Alderman Howard abstained. Motion by Alderman Bramble "I move that Case WZ-72-27 be denied for the following reasons 1 The Planning Commission recommended denial. 2. It is not an approved use for that area. 3. It would cause undue congestion and concentration of population on that parcel of ground. 4. There were a greater number of citizens opposing than favoring it." Motion was seconded by Alderman Hulsey. Alderman Pepe questioned whether or not Alderman Abramson should abstain on the basis of having advised constituents during the meeting. City Attorney Fox stated he could vote. Question was called and passed 4-1 to deny. Alderman Pepe voted "nay." Case WZ-72-32 came up for decision. Motion by Alderman Hulsey "I move that case WZ-72-32 of William and Elnora LeValley be approved for the following reasons 1. The Planning Commission voted for approval 2. The zoning would be in accordance with the Land Use Plan. 3 It will be a clean type industrial area, and 4. No one appeared in opposition." Motion was seconded by Alderman Donaldson and passed 5-0. Alderman Howard abstained. Case WS-72-03 Garrison Gardens Subdivision came up for decision. Motion by Alderman Bramble "I move that final plat WS-72-03, submitted by John Harper, not be approved or accepted for the following reasons MINUTES - December 21, 1972 - Continued -2- 1 That the area in question is one which has a severe drainage problem with inadequate drainage facilities. 2. That the proposed plat, as submitted, would add to and increase this drainage problem by some 15 to 20%. 3 That no acceptable provisions relating to elimination or control of this drainage problem were offered by the applicant. 4. That if said plat were accepted, as submitted, the burden of constructing facilities to care for the drainage problems would fall upon the general public. 5 That the cul-de-sac as depicted on the final plat does not conform to the requirements or criteria of the City Subdivision Regulations 5 That the cul-de-sac as depicted on the final plat does not have a turn-around right-of-way, diameter of at least 90 feet. In fact, it is only a partial cul-de-sac. 7. That access to the area in question is insufficient 8 The roadway into the proposed site is approximately 18 feet wide which presents a hazard to emergency vehicles." Motion was seconded by Alderman Donaldson. Alderman Pepe stated that there is a drainage problem throughout the City and this is not grounds for denying this case, that if Council denies this subdivisionvit should deny all developments. on the basis of drainage Alderman Abramson said that in this case drainage is important because the limited access is through the drainage problem area. Council was polled and Motion to deny passed 4-1. Alderman Pepe voted "nay" and Alderman Howard abstained. Transfer of a 3-way liquor license for Venetian Restaurant from Joseph Lombardi to Wayne Steuert came up for consideration. ~ Lombardi was present and was represented by Alex Keller, attorney who requested renewal of the license in Mr. Lombardi's name and presented checks to cover the state and city license fees. Mr Steuert was pres~nt apd was represented by Attorney Eugene Pepper who asked to withdraw thg)\~Spl~Eation. Motion by Alderman Pepe "I liquor license be renewed." and passed 5-0. move that the Venetian Restaurant 3-way Motion was seconded by Alderman Donaldson Transfer of ownership of Carefree Lounge from Frances Blickenstaff to Carefree Inc. of which Mrs. Blickenstaff is major stock holder, president and treasurer was considered. Mrs Blickenstaff was present and was represented by Attorney Robert Awenius, who is secretary of the corporation. Also present was Norma Blickenstaff - Vice-President. Motion by Alderman Abramson "I move that the transfer of the 3-way liquor license for Carefree Lounge from Frances Blickenstaff to Carefree Inc. be approved and the renewal of the license in that name be effective as of January 1, 1973" Motion was seconded by Alderman Hulsey and passed 5-0. Ordinance No. 122 pertaining to zoning for greenhouses was introduced by Alderman Hulsey and read. Robert Barr of the Planning Department said the Planning Commission recom- mended it be approved as read and that it would permit greenhouses as a legal use in Residential and Commercial districts with sales limited to items produced on the premises. Discussion followed involving the dictionary definition and regional connotation of "Greenhouses" the meaning of "on premises" the possibility of adding the word "nurseries" and whether or not complimentary items such as containers might be sold. MINUTES December 21, 1972 - Continued -3- Paul Walker Planning Director pointed out that signs for greenhouses on r8sidential property would be no larger than any other signs on resid8ntial property, and that small greenhouses behind homes are "hobby greenhouses" and are incidental to home use. George Hollev of 4315 Wadsworth, attorney representing 20 greenhouse members stated 1. Fifteen greenhouses out of eighteen in Wheat Ridge are non- conforming Four are wholly agricultural. 2 If under present law storm or other damage would amount to 50%, it could not be rebuilt. Also, if a man wanted to have his son go into business with him, he could not expand his ranges to do so. 3. Average length of ownership of greenhouses was 32 years 4. A reasonable interpretation of "produced on premises" might not differentiate between "grown from seed" and "grown from seedlings." 5. 90% of flowers grown in Wheat Ridge are sold out of state. 6. Those belonging to one of the four associations cannot sell retail. 7. The main intent is to be legal, some may intend to increase, but he didn't know of any who were intending to build new ones. 8. Greenhouses are compatible with residential neighborhoods, there is no noise, no smoke, no kids, few workers and fewer car trips than in most residences. 9. That of the 20, only 3 are involved in retail sales. There are more sales tax licenses than 3, because florists also have sales tax licenses. 10. Of the three, one is on agricultural, and two are on non- conforming use. Approximately 15 don't sell and don't intend to sell. Benjamin Love, spokesman for the Chamber of Commerce explained the value of the greenhouses and carnations to the area, the environmental benefits and the compatibility of this industry to the residents of the City. No one appeared in opposition. Harold Precht said he did not grow carnations but petunias, that he raises some 12,000 but must buy another 4,000 each year. He asked if he would be allowed to continue this. Paul Walker said it would not affect him and he could continue under non-conforming use. Jav Bverlv of Associated Florists at 29 Avenue and Newland in answer to questions from Alderman Howard said 1. There is retail business at the greenhouse. 2. 80% is by phone and it is primarily a wrapping and deliverly service for all of their stores. 3. There are probably 50-75 trips in and out each day. Motion by Alderman Bramble "I move that Ordinance No. 122 (pertaining to greenhouses) be adopted on first reading as read and be published and posted." Motion was seconded by Alderman Pepe. Comments from Council were Alderman Pepe - that he would support the Ordinance but would like to leave one non-conforming. glderman Donaldson stated that he was opposed because there was heat in Ward I over retail sales, and that the Ordinance could be defeated and another one written. Alderman Abramson stated that the Ordinance was badly written. Alderman Bramble stated the Ordinance could be amended on second reading. Council was polled and Motion passed 4-2. Aldermen Abramson and Donaldson voted "nay." MINUTES - December 21, 1972 - Continued -4- Glenn Taylor, Director of Public Works reported to Council bid figures received after re-negotiation with Asphalt Paving Company for paving work to be done. The bid was for $13.00 per ton and total cost was for $49,653.75. He also gave bids received on equipment needed to enable the Public Works Department to do paving jobs. Total of bids on equipment was $51,356.20 and life expectancy of the equipment was estimated to be 10 years. Mr. Taylor stated six additional men would be needed to operate the equipment and this combination of men and equipment could handle a great many paving jobs but the large scale projects on main streets would still have to be contracted. After considerable discussion the following Motion was made by Alderman Donaldson "I move that the Treasurer be authorized to purchase 2 tandem axel trucks, 1 5-8 ton roller, one rubber-tired paving machine and one bituminous distributor at a price not to exceed $51,536.20 and be charged to Account No. 431.3." Motion was seconded by Alderman Hulsey It was clarified in answer to a question from Alderman Donaldson, that it was understood that the additional men would be hired. Motion passed 4-1. Alderman Howard voted "nay" and Alderman Bramble was not present. Motion was made by Alderman Abramson and seconded by Alderman Donaldson "That the Motion just passed be amended by substituting the words 'Asphalt lay down box' for 'Rubber tired paving machine' and that the bid sheet be attached to the Minutes." Motion passed 4-1. Alderman Howard voted "nay" and Alderman Bramble was not present. Resolution No. 203 was introduced by Alderman Abramson and read. Motion by Alderman Pepe, seconded by Alderman Hulsey and passed 3-2 "That Council recess for an executive session." Aldermen Abramson and Howard voted "nay." Motion by Alderman Pepe, seconded by Alderman Abramson and passed 4-0 "That Resolution No. 203 adjusting budget accounts for Public Works be approved." Aldermen Bramble and Howard were not present. Motion by Alderman Donaldson "I move that the previous Motion pertaining to purchase of equipment be overturned and repealed and vacated and that the equipment listed on the sheet attached be approved for purchase at a cost not to exceed $51,356.20 and charged to Hccount No. 431.44." Motion was seconded by Alderman Pepe and passed 4-1. Alderman Howard voted "nay" and Alderman Bramble was absent. Walter Johnson, Staff Administrator recommended that acceptance of the Classification Manual be acted on at a later date. Motion by Alderman Howard "I move we approve the following classifications as recommended by the Personnel Committee and/or the Civil Service Board Arborist I and II, Building Inspector and Corporal." Motion was seconded by Alderman Donladson and passed 5-0. Motion by Alderman Abramson "In order to put the budget in line with the revised Pay Ordinance and to be revised Classification Manual, I move that the Personnel Schedule pages of the 1973 budget be adjusted as follows Account 411.4, 415.4, 424., 431.8 - Delete Senior from Senior Secretary. Account 419.1 Current Planner - delete Grade 19, show Grade 26, and Planning Technician II, delete Grade 18, show Grade 19. Account 421.5 - Delete Records Clerk, Add Stenographer Grade 11. Account 431.2 - Engineering Aide II - delete Grade 18, show Grade 19. Account 431.4 and 432.2 - Delete Street Superintendent, Grade 31, add Public Works Maintenance Superintendent, Grade 38. Account 421 - Delete Redords Clerk/Typis~ add Stenographer. MINUTES - December 21, 1972 - Continued -5- Account 431.4 - Delete Foreman, Grade 25, add Street Foreman, Grade 25. Delete one laborer, add Street Leadman, Grade 20. Account 431 5 - Add Junior Traffic Engineer, Grade 33. Account 431.7 - Mechanic II, delete Grade 26, add Grade 25. Account 431.8 and 452 - Delete Intermediate Secretary, add Clerk Typist. Account 453 - Delete Tree Warden, add Arborist II, delete Junior Arborist, add Arborist I." Motion was seconded by Alderman Donaldson and passed 5-0. Mr Johnson clarified that this Motion put the 1973 Budget and the Classification Manual in line and that the 1973 Budget could support the position of Junior Traffic Engineer, but not both Junior Traffic Engineer and Traffic Technician at the same time. Resolutions No. 204 and No. 205 commending Charles Hahn and Robert Eckhardt for their contributions on the Planning Commission and Board of Adjustment respectively were introduced by Alderman Pepe and read. Motion was made by Alderman Abramson, seconded by Alderman Hulsey and passed unanimously "That Resolutions No. 204 and No. 205 be adopted." Motion by Alderman Hulsey "I move that Boyd Kraemer be appointed as Park and Recreation Director for the City of Wheat Ridge." Motion was seconded by Alderman Abramson and passed 4-1. Alderman Howard voted Rnay", and stated he Wffi forced to vote "nay" because Council by this action was going against established procedure, that in all other instances involving the appointment of directors, the City had "gone out on Public Notice and advertized for personnel to be considered." Motion by Alderman Pepe "I move that Walter Grande be appointed as Staff Administrator and at a salary of $1,000.00 per month and that the Personnel Schedule pages of the 1973 Budget be adjusted to reflect the change in his job classification." Motion was seconded by Alderman Abramson. Alderman Howard state9dthat as in the preceeding Motion, it was contrary to procedure and h~^~6te against it. There was discussion as to the need of another staff administrator, salary of and to whom he would be responsible. Motion and second were withdrawn. Plaffi for an addition to the Public Works Building were presented to Council by Glenn Taylor. Motion by Alderman Abramson "I move that a contract be let with Suburban Construction Company for an addition to the Public Works Building at a cost not to exceed $15,976.00 from Account No. 431.56." Motion was seconded by Alderman Donladson and passed 5-0. George Hunter Street Superintendent presented a request for a "Public Works Performance Tester" for use in the shop. Council members pointed out that the item requested was more expensive than other analyzers, was m~esophisticated and required training. Also, it was stated that perhaps the a-c analyzer would do the job at less expense. No action was taken. Resolution No. 206 was introduced by Alderman Donaldson and read. The Resolution calls for Wheat Ridge to recognize and cooperate with "The Regional Suburban Police Hssociation." Chief Pinson in answer to questions said this was not a step toward regional services. Motion by Alderman Hulsey III move that Resolution No. 206 be approved." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Howard voted "nay" and Alderman Bramble was absent. MINUTES - December 21, 1972 - Continued -5- Resolution No. 207 authorizing the Mavor and City Attornev to condemn property owned bV G. Paul and Winifred S. Talbert for greenbelt purposes was introduced and read. City Attorney Maurice Fox stated in answer to questions from glderman Abramson, that the Resolution authorized action on just the property of the Talberts even though the last paragraph referred to "any property required to be acquired." Motion by Alderman Hulsey "That Resolution No. 207 Motion was seconded by Alderman Pepe and passed 5-0. was absent. be approved." Alderman Bramble Motion by Alderman Abramson "I move that the Mayor be authorized to enter into a contract with the First National Bank of Denver for purchase of the L.S. Zall property not to exceed $10,500.00." Motion was seconded by Alderman Hulsey and passed 4-0. Aldermen Bramble and Donaldson were not present. Mayor Anderson announced that a milestone had been reached this evening with the completion of the first phase of the greenbelt and Attorney Fox recommended that the greenbelt as a whole be surveyed so that one legal description exists for the parcel. A Mass Transit Committee Report was given by Committee Chairman Ben Chastain who reported that the Denver Metro Transit estimated the loss for 1973 to be $14,977.74 with existing routes and $15,100.00 if a north-south route down Kipling Street to the Federal Center is adopted. Mayor Anderson stated no money is available for bus service for 1973 to which Mr. Chastain replied that with revenue sharing funds being received, the money could be made available. Motion by Alderman Abramson "I move that we approve the contract between the City and County of Denver and City of Wheat Ridge - subject to the approval of the City Attorney." Motion was seconded by Alderman Hulsey and passed 4-0. Alderman Abramson requested that Mayor Anderson discuss the matter with Walter Grande to see what funds are available. The possibility of dropping little used routes was discussed and Gary Lewman asked that Council authorize the dropping of routes to allow the Committee to officially do so. Motion by Alderman Abramson "I move that the Mass Transit Committee be authorized to drop any route it sees fit at any time." Motion was seconded by Alderman Pepe and passed 4-0. Meeting was adjourned at 12 15 a.m. ---r" ...c-- . /1 Jf?<..<_,;,-..j.,?'C_...,t2 C --)-;7 . ~' L / Louise F. Turner City Clerk , .-7,/'17 //~ /-.../-..... ~ r;f- ~ -c- " .... '" /' V:f,/ //7<:), (> ) CON T RAe T December 2l, 1972 RECEIVED FROM, THE CITY OF WHEAT RIDGE, a Colorado Municipal Corporation, Purchaser, the sum of One Dollar ($l 00) in the form of cash to be held by The First National Bank of Denver, as earnest money for the following described real estate in the County of Jefferson, Colorado, to wit See attached Exhibit "A" which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of Ten Thousand Five Hundred Dollars ($lO,SOO 00), payable as follows Ten Thousand Five Hundred Dollars ($lO,SOO 00) upon transfer of real property by Deed 1 A current commitment for title lnsurance policy ln an amount equal to the purchase price, at Seller's expense shall be furnished the purchaser on or before January ll, 1973, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon 2 Title shall be merchantable ln the seller Sub- ject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient Execu- tors warranty deed to said purchaser on January 12, 1973, or by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 1973, payable January 1, 1974, and except easements and restrictions of record 3 General taxes for 1973, (based on 1972 levy and 1972 assessment), shall be apportioned to date of delivery of deed 4 The hour and place of closing shall be desig- nated by seller 5 Possession of premises shall be delivered to purchaser on January l2, 1973 Contract - Page 2 6 Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as herein pro- vided, then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser In the event of such default by the purchaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller In the event, however, the non-defaulting party elects to treat this contract as being In full force and effect, then nothing herein shall be construed to prevent its specific performance 7 In the event the seller fails to approve this instrument in writing on or before January 2, 1973, or if title IS not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the pay- ments made hereunder shall be returned forthwith to purchaser 8 Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall Inure to the benefit of the heirs, successors and assIgns of said parties PURCHASER THE CITY OF WHEAT RIDGE, A Colorado Municipal Corporation, Date ALBERT E ANDERSON, MAYOR 1 I I ! i / EXHIBIT A Tracts 35, 36, and 37, Happy Valley Gardens, Jefferson County, Colorado / -;;,/5/ /-7J (2r) /<--!,~//~~ ('7') - LOW EQUIPMENT BIDS TYPE SIZE LOW BIDDER ROLLER Ferguson 5 - 8 Ton MacDonald Equipment $ 9,663.20 ASPHALT LAYDOWN BOX Miller B' - l2' Booth Rouse Hyd-Elect - Heated Screed 3,948.00 DISTRIBUTOR Rosco 800 Gal. H.W. Moore Equipment 5,245.00 TAN DAM DUMP International lO c.y. State Bid with diesel engine, budd wheels, techometer, and automatic transmission. Model Fl7l0 (ea) l6,250.00 TOTAL COST $5l,356.20 ,~ < ~, ,- " \,-; 1 ~ ~\ / J,/ "//"Gt- (/C' j A G R E E MEN T TlIIS '\i;REE: lENT, ~'IJ.de and enten,d i.n to this day of , A D 19 , bv ~Jfid bettvcen the C IIY AND COUNTY OF DENVFR, a municipal corporation of the State of Colorado, herClnafter referred to as the "CITY," Party of the First Part, and the City of WHEAT RIDGE, a municipal corporation of the State of Colorado, hereinafter re- felTed to as "WHEAT RIDGE," Part, of the Second Part, WIT N E SSE T H WHEREAS, the City operates a public mass transit system by and through the ATE Management & Service Co , presently providing bus service by routes operating in and through Wheat Ridge, and WllEREAS, The City has determined that while Article XX of the Constitution of the State of Colorado and the Charter of the City and County of Denvcr provide that the Cit, mal operate a transportation system both within and without its territorial boundaries, it cannot and will not pro- vide transportation outside of its territorial boundaries at a loss, re- quiring the taxpayers of the City and County of Denver to pay for such ser- vicc, and WHEREAS, determination has been made b) the ATE Management & Service Co of the cost of operation of the transportation service in and through Wheat Ridge, with the loss to the City of the operation for the period January 1, 1973, through December 31, 1973, and WHEREAS, the parties hereto agrce that in consider,ltion of the City furnis11ing transportation service bv its Denver ~etro Transi.t system J_n and through Wheat Ridge, Wheat Ridge will pav to the Citv the amount of money lost by providinb such service, NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter contained the parties hereto agree as follows $ 99 per mile wlII be reported to llcat RIJge wit11in a rea~o~rrbl imc - thecilfter, resulting in a refund or additional charge / >', / .)., / 7c-+'-.>'" ) TN lV1 r;'iE')~ WlIEREOF, the p:lrties h:reto have LaU.ir~j thL instru- ncnt to be executed 1.5 of the day and year fir t above IVrittcn CITY AND COUNT\ OF DENVER By f-1a/or ATTEST F J SERAFINI, Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver APPROVED RECO;,1\!ENDED AND APPROVED I>lJ\X P ZALL, Attorney for the City and County of Den"er By Hanager of Public Works By Deputy City Attorney By President, Board of Councilmen REGISTERED AND COUNTERSIGNED By ATE Managefilent and Service Co By Auditor PARTY OF TlIE FIRST 1'-\RT TIlE CITY OF WHEAT RIDGE ATTEST By (Title) By (Title) PARTY OF THE SECO!>'O 1'-\RT