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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 -2- 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 -3- 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 -4- 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 c.... .1--< ~ ,;..... (., . .- Louise F. Turner City Clerk ..../i;:' ?~_ -"/r ... r - h-