HomeMy WebLinkAbout06/07/1973
MINUTES
June 7, 1973
Study Session of the Wheat Ridge City Council was called to order
at 7 40 p.m. by Mayor Albert E Anderson at 7390 West 38 Avenue.
Aldermen present were Dr. Paul Abramson, Mary Jo Cavarra, Joseph
Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe.
Also present were Mayor Anderson, City Clerk Louise Turner, City
Treasurer James Malone, City Attorney Maurice Fox, members of the
Arvada City Council, staff personnel and interested citizens.
A Report on the Marshall Street Bridge was given by Public Works Dir-
ector Glenn Taylor who asked that Council decide whether or not
Wheat Ridge would participate in a by-pass detour.
Motion by Alderman Abramson "I move that
the bypass of the Marshall Street Bridge."
by Alderman Donaldson.
we not participate in
Motion was seconded
Mayor Horan of Arvada related a conversation he had had with Karl
Williams of which he thought the City had been informed, pertaining
to the possible availability of a "Bailey Bridge" from Ft Carson.
Mayor Anderson said he hadn't heard about it.
Asked whether or not Arvada would spend money on a bypass, Mayor Horan
said Arvada would go along with equal participation ($20-25,000), and
that there would be little or no expense on a Bailey Bridge (because it
would be a program of the Army Corps of Engineers.)
Motion was amended to read "I move that we not participate in the
bypass of the Marshall Street Bridge as proposed by the consulting
Engineer, but that we investigate the possibility of a bypass bridge
furnished by the Army Corps of Engineers." The second approved the
amended Motion and Motion passed 6-0.
Other points brought out by Mr. Taylor were
1. That design was 95% completed.
2 80 days would be required for construction.
3. Construction by the Army could not be at the immediate site.
4. That Mr. Novotny would accept $800.00 for a construction
easement through his property and that comparable costs woudl be $500.00
for Wheat Ridge Sanitation and $210.00 for Utah Pipe.
5 That condemnation in lieu of paying for easements would
be costly in terms of time.
6. That a suspended pipeline would have to be temporarily di-
verted.
Motion by Alderman Hulsey "I move we authorize an amount not to exceed
$1,600 00 to acquire construction easements from Edward Novotny, Wheat
Ridge Sanitation District and Utah Pipe and Construction Company." Motion
was seconded by Alderman Abramson and passed 4-2. Aldermen Pepe and
Howard voted "nay."
It was determined that copies of a contract pertaining to Lena Gulch Study
which would be executed by the Mayor and the matter would be considered
on Monday, June 11, 1973.
Other items discussed by Mayor Horan were
1 An article in the Arvada paper in which he said he had been
misquoted
2. Provisions for roadways in an area purchased by Arvada.
3. Acquisition of park land.
4. Cooperation between Wheat Ridge and Arvada in planning and
other staff matters. Specifically, he mentioned land use boundaries,
Kipling Street interchanges, and mass transit.
MINUTES - June 7, 1973 - Continued
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Arvada Alderman Kris Kriofsky added a possible dog pound which had
come up in the conversation by Mayors Anderson and Horan.
Motion by Alderman Abramson "I move that we ask Dr Trefz and the
other members of the former Animal Commission to evaluate the present
animal control program and add input as to a city pound." He added
that an evaluation to the Council had been intended to be made by these
people whom the City considered its experts at the time the program
was transferred on a trial basis to the Police Department. Motion
was seconded by Alderman Cavarra.
Alderman Pepe stated since they had resigned there was no reason to
call them back. The Motion tied 3-3, Aldermen Howard, Pepe and
Donaldson voted "nay". Mayor Anderson declined to vote and Motion
died in a tie vote.
Benjamin Loye, attorney arrived late and added comments on Marshall
Street Bridge. He stated
1. He had been in touch with the Army and Department of
Transportation.
2. Domestic assistance programs had been curtailed, except
in instances where the government declared an emergency type situation.
3. That he would continue to attempt to contact Governor Love
George Holley, attorney for Dr. and Mrs. E. Keith Davis of 7835 West
48 Avenue who stated
1. That his clients on May 2, 1973 WeE receiving flow in
their back yard from a leak in a water pipe.
2. That Mr. Beadman had informed his clients that this was
a responsibility of the Public Works Department.
3. That it was inspected by Mr. George Hunter who acknowledged
the problem and the City's responsibility to maintain the ditch.
4. By May 5, 1973 debris in a junction box had diverted the
entire flow into the Davis's yard resulting in excess of $5,000.00
damage which he said could have been prevented by 2-3 hours work by
the Public Works Department. Mr. Holley showed pictures of the damage
to the Council.
5. He stated that he felt the City had been negligent and
he would like to see the City accept responsibility for the damage.
6. He said he had been informed that the City would deny
the request and asked to hear it from the Council. He said he was
denied information as to the terms of the City's liability insurance
policy which he had requested.
City Attorney Fox said it was his opinion that the City would deny the
claim and Mr. Holley's clients could take whatever action they desired.
He recommended that the Council not give Mr. Holley information as to
the City's insurance, regardless of the open record law unless he pro-
duced a Court Order.
Mayor Anderson said the City Attorney had been directed to handle
matters on behalf of the City.
In response to Attorney Holley's question as to whether or not this
was the action of the Council, Mayor Anderson stated he had directed
the City Attorney to proceed.
The City's street liqht budget was discussed and it was determined it
should be placed on the Agenda of a regular Council Meeting for action.
Ben Chastain stated that Mr. Hollard, Mr. Lewman and Mr John Hardaway
of the City's_~?~s Transit Committee were present to answer questions
pertaining to Mass Transit.
MINUTES - June 7, 1973 - Continued
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Mr. Hardaway emphasized the necessity of a viable mass transit
system, in view of increased density and the Council's stand against
the widening of streets. He said it was necessary that the City's
leaders support mass transit instead of remaining non-committal
or negative. Information sheets were distributed to Council, and
are filed in the General File under "Mass Transit Task Force."
Usage of the busses was analyzed and four names were proposed to
fill vacancies on the Mass Transit Committee Robert Barton of 31
Rangeview Drive, Chester Krieger of 3380 Moore Court, Elizabeth
Tebbens of 4583 Allison and Dale Seay of 3135 Wright Court.
There was discussion regarding a 10 foot strip of land owned by
Mr. Mestecky which is adjacent to the south of the Public Works property,
and inside the fence so that it is being used by the City. Mayor
Anderson stated that Mr. Mestecky was willing to sell the strip,
and he had been before and that if Council did not elect to purchase
it, Mr. Mestecky would move the fence to the property line. No
action was taken by Council.
Ordinance No. 133 repealing Ordinance No.1, cigarette tax, was intro-
duced by Alderman Donaldson and read.
It was explained that this was necessary in order that the City qualify
to receive income under the new state tax and that there would be a
reduction of revenue for 1973, but an estimated $65,000.00 increase
in 1974, over and above the approximate $88,000.00 which would have
been derived from present procedure.
Motion by Alderman Abramson "I move that Ordinance No. 133 be passed
on first reading and be ordered published and posted." Motion was
seconded by Alderman Cavarra and passed 6-0.
Alderman Pepe asked that this not set a precedent and that in the
future Ordinances be given to the Council one week before action is
to be taken.
Walter Grande, Finance Officer reported that preliminary requests
on the part of the City had indicated that 100% of expense incurred
by the City in the May 6, 1973 flood would be paid by the Federal
Government and that private citizens could apply for disaster loans.
Alderman Hulsey was appointed by Council to look into the City's com-
munications system.
Alderman Cavarra stated she intended to bring in an Ordinance pertaining
to density reduction in zoning and would like comments from Council
Aldermen Pepe and Donaldson said she should present it and then they
would discuss it.
Alderman Howard reported on recent Denver Regional Council of Governments
action as follows
1. The ten man DRCoG Committee on June 6, 1973 had deleted
West 32 Avenue as a major arterial and had put West 38 Avenue in its
place by a 9-1 vote, and that Alderman Howard had cast the lone negative
vote. It had voted to retain Kipling as a limited access freeway, in
spite of objections, by a 7-3 vote. Negative votes were cast by Alderman
Howard, the Mayor of Boulder, and a Councilman from Longmont, and that
this was especially interesting since the northwesterly extensions in-
cluding McCasslan Blvd. in Boulder had been deleted
Alderman Howard and Alderman Abramson brought up the fact that federal
funds for such things were supposed to be for areas where there had been
cooperation with the local jurisdiction.
MINUTES - June 7, 1973 - Continued
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City Attorney Fox requested that zoning cases scheduled for Monday,
June 11, 1973, be rescheduled because of failure to post the property
by the City.
Motion by Alderman Pepe, seconded by Alderman Howard and passed 6-0
"That zoning cases be set for July 12, 1973 and that proper posting
be made "
Meeting was adjourned at 11 DO p.m
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Louise F. Turner
City Clerk
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