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HomeMy WebLinkAbout05/17/1973 MINUTES May 17, 1973 The two hundred and second regular meeting of the Wheat Ridge City Council was called to order at 7 40 P m at 7390 West 38 Avenue, Wheat Ridge Council Chambers, by Mayor Albert E Anderson Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Lonaldson, Robert Howard and Ray Pepe Calvin Hulsey arrived later. Others present were Mayor Anderson, Deputy City Clerk Elise McMillen, City Treasurer James Malone, City Attorney Maurice Fox, staff personnel and interested citizens Motion bV Alderman Donaldson "I move Council waive the reading of the- Minutes (MaV 10, 1973) and approve them as presented." ~~otion was seconded by Alderman Pepe and passed 4-2. Aldermen Howard and Abramson voted "nay." Citizens' Comments were made by the following ----Maxine Parker of 5555 West 27 Avenue stated that there was still u problem regarding the alley between 27 Avenue and 28 Avenue east of renton Street. (Case WV-72-06 - Ordinance No 124 was defeated on second reading 3/8/73 requesting vacation of the alley) She stated the following 1. She has to go up 4 feet of dirt to get to her yard 2 She feels that she has not received help from her Councilmen. 3 In her opinion, builders receive more consideration than home owners. 4 City Attorney Fox had ruled that dumping dirt in the alley was illegal, but Chief Building Inspector Jack Prose had told her Mayor Anderson had ruled that the dirt in the alley was legal. 5 She requested that the dirt be removed and that a proper retaining wall for proper access to the alley for her and Mr Henckle be put in, and that she has used the alley for years. !':1_c!'I[.9.r__An~rson stated that her Councilmen are aware of the problem and have been working on it, that Public Works Director Glen Taylor has been on the site several times, that the problem does need to be corrected but that there is no easy answer Alderman Abramson stated that he had several corrections to the Minutes They are as follows 1 On page 3 the vote at the bottom of the page for Aldermen Abramson and Cavarra should be "aye " 2. On page 4 after point 4 he wanted added under his comments "and that evidence had been presented which would require invoking the 3/4 vote rule and that this point should be treated separtely not as a rider on the Motion " 3 On page S. add to the Motion by Alderman Abramson regarding Wheat Ridge Lanes the following "at a radius of one mile from the subject property" after the words "be set " Alderma~ Pe~~ objected to correcting the Minutes after they had been approved and stated he felt the tape should be listened to Mayor Anderson ruled that the tape should be listened to by the City Clerk and bring the findings to the next meeting Joseph Horan, Mayor of City of Arvada stated that the City Council of Arvada had been petitioned by individuals north of Marshall Street Bridge requesting the building of a bypass bridge while the bridge is under construction He stated that it had not been formerly discussed with Arvada City Council but that Arvada is aware that there is heavy traffic use going in and out of Arvada but that the bridge is not in the jurisdiction of Arvada He stated that Ben Loye, attornev for Marshall Street Bridge Association had been in contact with him and that he was working on the possibility of four enti ties contributing - County, State, Wheat Ridge and Arvada. He stated that Arvada had too many financial obligations to pay the whole bill He stated that Arvada is willing to participate financially in part but cannot pay the whole cost MINUTES - May 17, 1973 - Continued -2- Alderman Donaldson stated the City of Wheat Ridge doesn't have the money to spend on the bypass either as the City already has other projects planned, and he also added that he felt most of the business places effected were not drop-in type businesses so thac the customers would continue going there anyway Ald~r~an Cava~ra stated she didn't want to see any businesses put out of business Alderman Abramson stated that if the City of Arvada wants the bypass they should take it upon themselves to pursue the matter, he felt in reality only two entities are involved - Wheat Ridge and Arvada - and that he personally was not willing to authorize payment of half the cost Alderman Pepe stated the lines of communication should be kept open and that he felt the County should pay some because the County has a large tax base. Eugene Padon, President of Happy Traveler Inc at 4400 Ward Road which at the Preliminary Hearing on May 10, 1973 had had their Public Hering for a 3-way liquor license set for July 12, 1973 requested that the date be set earlier. City Attorney Fox ruled there was no problem since publication and posting had not taken place Motion by Alderman Donaldson "I move that the Hearing date for Happy Traveler be changed from July 12, 1973 to June 21, 1973 to be held at 7 3D p.m. in these chambers and that the same boundary be set" Motion was seconded by Alderman Abramson and passed 6-0. Alderman Cavarra stated the Moratorium on building had been intended to stop new building and not to interfer with remodeling etc. and made the following Motion "I move that building permits for modifications or additions to existing structures be exempted from the Moratorium passed on April 26, 1973 provided these modifications or additions do not change the use of the structure as it relates to zoning" Motion was seconded by Alderman Donaldson Aldermen _Donal~son and HulseV stated the intent of the Moratorium had not been to stop modification etc. Question was called and Motion passed 6-0. Alderman Howard stated that two terms were needed for reappointment on the Personnel Committee, and he would like to reappoint them at this time. Alderman Abramson stated he felt the matter should be placed on next week's Agenda so that interested citizens, if any, could be aware of the vacancies. ~otion by Alderman Howard "I move that this matter be placed on the Agenda for action this evening." Motion was seconded by Alderman Pepe and was defeated 4-2. Aldermen Abramson, Cavarra, Donaldson and Hulsey voted "nay " The matter is to be on next week's Agenda for May 24, 1973. Budget and Appropri~tioD~_Beport was given by Treasurer James Malone. He stated the report was for the month of April showing 34.5% of the anticipated revenue received and 31 3% of the anticipated expenditures spent Cash on hand as of "tonight" was $620,859.11 and $500,000 00 is in savings earning interest and that $2,000.00 interest had been earned so far. $25,000 00 is in unappropriated surplus or is not committed to any department, and $60,909.00 of the revenue sharing fund is still un- appropriated MINUTES - May 17, 1973 - Continued -3- WZ-73-10 Rezoning Case came up for decision The request was for an industrial park on previously zoned industrial land at 7990 West 48 Avenue by Burton Levy, applicant Mgtion by Alderman Cavarra "I move that Council approve the industrial development plan of Case No WZ-73-10 for the following reasons 1 It is in compliance with the existing zoning. 2 It is in conformance with adjacent uses 3 And that this approval be contigent on the developer placing money in an escrow fund for required improvements in drainage " Motion was seconded by Alderman Hulsey and passed 5-1 Alderman Pepe voted "nay " Alderman Abramson questioned whether this Motion would require adequate payment by the developer as an amount was not specified, City Attorney Fox stated the exact amount was not yet known, but the money required will be the full amount necessary. Bo~~raemer, Park Superintendent stated that the baseball field lights were being relocated at City Park (formerly Field Park) for use in a multi-purpose field. He stated three bids had been received and the lowest had been from Sturgeon Electric Company. Motion by Alderman Abramson "I move that the Treasurer be authorized to purchase Baseball Light Relocation at City Park from Sturgeon Electric at a total price not to exceed $4,652 00 from Account 45L.15." Motion was seconded by Alderman Donaldson and passed 6-0. BoVd Kraemer also requested approval for seeding and mulching for approx- imately 8.5 acres at City Park for a baseball field and picnic area. He stated the grass crop should be usable by September for general use and the field could be used next Spring. He stated two bids were received - low bid from Del Ponte Landscape Co at $7,310.00 and one from Lew Hammer Inc. for $7,985.00 Motion by Alderman Pepe "I move that the Treasurer be a~thorized to purchase labor and materials necessary to seed the eastern portion of City Park from Del Ponte Landscape Co at a total price not to exceed $7,310 DO from Account No 452 15." Motion was seconded by Alderman Abramson and passed 5-1. Alderman Howard voted "nay" Alderman Howard asked if they had checked the price of sod, and if there was a possibility of using park personnel for the labor ~~~~~ae~er answered that sod was about four times as expensive and that due to the flood and bad weather the parks department was too far behind in their work schedule Bo~d~raemer stated he would forego the request for a split rail cedar fence at this time because the seeding request took precedence and the budget is limited Boyd Kraemer reported on the Sod House He stated that it was designated as a historical site and was entered in the National Register of Historical Places on March 14, 1973, that this will be the second historical site in Jefferson County, that future plans are for the Sod House to be a museum and the adjacent brick house to possibly be a branch library, and that the sod house was built in 1886 and is in need of some repair especially around the windows where there is water damage He stated the owner of the property, Mr Frank Callahan needs to have the property purchased by May 28, 1973 The community efforts collected $3,000 DO - the cost of the Sod House and lot is $19,500.00 and the adjoining lot which would be used for a parking lot costs $7,000 00 Alderman Howard asked if he had looked into the cost of maintaining the propertY-and if they had considered moving the Johnson cabin to the site Mr Kraemer stated he felt maintenance of the Sod House would be minimal and-that if the library was there, perhaps there could be some maintenance participation, and that perhaps in the future the Johnson cabin could be moved there and be open to the public MINUTES - May 17, 1973 - Continued -4- Resolution No ZZ6 was introduced by Alderman Donaldson and read. The-Resolution--pertained to a budget appropriations adjustment for Account No 452.15 - Park Land Acquisition and Development. Motion by Alderman Hulsey "I move that Resolution No 226 be approved." Motion was seconded by Alderman Abramson and passed 6-0. Motion by Alderman Hulsey "I move that the Mayor and City Attorney be authorized to purchase lots 18 and 22 of Re-Subdivision of a portion of Fruitdale Valley subdivision from Frank Callahan, Realtor for the purposes general park and recreation uses, funding to be as follows General Fund Account 452.15 $18,000 DO Subdivision Donation Account 7,000.00 SOS Fund (this is a private source, 1,500 DO not City Funds) $26,500.00" Motion was seconded by Alderman Abramson and passed 6-0 ~g1P Kraemer stated he will apply for matching funds. Police Chief E~inson stated that a Park Police Cadet to be started for purpose of patrolling the Greenbelt. that City Council authorize the men now, and that he later for requests of equipment and horses. He stated time no budget appropriation was needed. program needs He requested would come back that at this Mo~~gn by Alderman Hulsey "I move that Council authorize the hiring of three full-time Cadet personnel and up to five part-time Cadet personnel to work as Park Patrol and Enforcement Officers" Motion was seconded by Alderman Donaldson and passed 5-1 Alderman Pepe voted "nay" and stated he was against hiring additional men, and felt the ones already on the force should be used. ~o~ion by Alderman Howard "I move that the City Treasurer be authorized to make payment of $2,350.00 for the first half 1973 dues for membership of the City of Wheat Ridge in the Denver Regional Council of Governments from Account No 411.2" Motion was seconded by Alderman Cavarra Alderman P~ stated that they should vote against the Motion because the citizens of Wheat Ridge are against the highway proposal of DRCOG and COG is supporting RSA ~~~rman Abr~mson stated he would vote in favor because he felt the City couldn't afford to lose its voice in Regional Government, and that the City needs to participate. Alderman Cavarra stated she had received many calls from citizens to vote in favor of paying the dues Alderman Donaldson felt that even though Wheat Ridge had voiced opposition to the highway plan it was still included and he would vote against the Motion. Alderman Abramson stated that it was through the City's Representative at COG that knowledge of the highway plan was known, and that the City 'can't afford to give up the pipeline." Question was called and Motion was passed 4-2 Pepe voted "nay " Aldermen Donaldson and Walter Grande, Civil Preparedness Representative stated that during the flood the City was caught short on emergency equipment He requested that a Civil Preparedness (Defense) Budget be created from the unappropriated Revenue Sharing Fund and that purchase of some radios be authorized. He listed the following equipment that is needed immediately truck mounted lighting equipment including generator, barricades, sand bags, speakers on trucks, generator at police department, mobile radios - low and high band, and portable radios - low band He added, that for future needs there is the possibility of receiving grants MINUTES - May 17, 1973 - Continued -5- The bid received on the radios was a State Bid, and Alderman Howard stated that it is City policy to go out for bids, and with competitive bids the City "could do better price-wise" Alderman~~_ began to make Motion authorizing purchase of the radios, but withdrew the Motion due to the fact that a Resolution authorizing the Civil Defense Budget must be made first. Resolution No 227 was introduced by Alderman Donaldson and read. Resolution was a Budget Appropriation Adjustment creating Account No 729 Civil Defense with an appropriation of $18,000 00. Motion by Alderman Abramson "I move Resolution No 227 be adopted " Motion was seconded by Alderman Donaldson and passed 6-0 Motion by Alderman Pepe "I move that the Treasurer be authorized to purchase eleven radios from the State-Local Purchasing Program at a total price not to exceed $6,446 DO from Revenue Sharing Account No 729" Motion was seconded by Alderman Abramson Alderman Howard stated that he felt the City should go out for competitive bids Question was called and Motion passed 5-1 with Alderman Howard voting "nay." Resolution No. 228 was introduced by Alderman Abramson and read. Resolution authorized payment to City Attorney Fox at $22.00 per hour for work on rezoning cases etc. due to the fact that there was a backlog in the department because of loss of personnel. Moti~n by Alderman Donaldson "I move for the adoption of Resolution No. 228." Motion was seconded by Alderman Cavarra and passed 6-0. In answer to a question, City Attorney Fox stated he attends the Planning Commission Meetings when requested to. Meeting was adjourned at 10 DO P m. ~g~j 71 (~1J~~~1 / Elise McMillen - Deputy City Clerk '-.1)!2'--(73 ~7ll/ / '