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HomeMy WebLinkAbout08/16/1973 MINUTES August 16, 1973 The two hundred and eleventh regular meeting of the Wheat Ridge City Council was called to order at 7 35 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also attending were Mayor Anderson, City Clerk Louise Turner, City Treasurer James Malone, Acting City Attorney Greg Tibbetts, staff and interested citizens. Motion by Alderman Pepe the Minutes and that they Alderman Donaldson. "I move that the Clerk dispense with reading be dispensed withd Motion ~as seconded by an approvea. Motion to amend the Motion by Alderman Abramson "I move that on page one the word 'daily' be changed to read 'weekly' and that on page two a period be placed after 'signature' followed by 'and even the 22,000 cars per week only generate about 3,000 per day which.'" Motion to amend was seconded by Alderman Cavarra and passed 4-2. Aldermen Howard and Pepe voted "nay." Amended Motion passed 4-2. Aldermen Howard and Hulsey voted "nay." Citizen Comments were made by Mrs. W. Townend of 3520 Parfet Street who stated 1. On May 5, 1973 Parfet Street was washed out. 2. That Mr. Taylor had told her no funds were available for repairs. 3. Mr. Gadalla had told her that nothing could be done until March 1974. 4. That the street was blocked off and created a dangerous situation because ca~ "sail down the hill from 32 Avenue." 5. That the City could pave 32 Avenue and 38 Avenue, but there was no money for emergencies. 6. That she proposed one lane be open until the city "could do better." 7. That people living there had been inconvenienced and had mail deliveries disrupted for a time. 8. It shouldn't take this long to effect temporary repairs. Mayor Anderson stated 1. The budget had gotten low. 2. Other factors included that safety was a question due to water pockets. 3. This was in the Flood Plain. 4. An emergency study was in process and by the end of the year enough data would be available to know what should be done. 5. Until such data was i~ the administration was not sure what should be done. 6. That no one in Public Works can say whether the road is safe to be open or not. Alderman Abramson said that 1. This is a long range problem. 2. That measures had been taken to make Marshall Street Bridge temp- orarily safe and the same could be done here. He asked the price of core drilling and was told by Glen Taylor approximately $100 Mr. Taylor added that a guard rail was needed and would have to be contracted. Alderman Abramson asked that consideration be given by the Mayor as chief administrator to opening one lane. Alderman Cavarra stated the Council would try to work with Mr. Taylor because school would be starting soon and Parfet should be open. MINUTES - August 16, 1973 - Continued -2- Alderman Cavarra said the mass rezoning consideration in Ward III had been delayed according to the attorney because the legal description was not adequate, and made the following Motion "I move that the legal description (of the area to be considered in the Mass Rezoning in Ward III) be amended to include the following Beginning at a point on the center line of West 38 Avenue 330.5 feet east of the north west corner of the north east quarter of Section 27, Township 3 South, Range 69 West, of the 6th Prime Meridian, thence south for 1416 feet to a point on the center line of West 35th Avenue, thence 1655.7 feet west to a point on the center line of Independence St , thence north to a point on the center line of W. 38th Ave., thence east along the center line of West 38 Avenue to the true point of beginning." Motion was seconded by Alderman Hulsey and passed 4-2 Aldermen Howard and Pepe voted "nay " Alderman Pepe stated that each member of Council had received a notice of a liquor violation at Prk-N-Pik Liquors at 9345 West 44 Avenue and made the following Motion "I move that a hearing be set on August 20, 1973 at 5 3D p.m. in these chambers for consideration of an alleged violation at Prk-N-Pik Liquors at 9345 West 44 Avenue and the owners be notified according to Statute." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Donaldson voted "nay" and stated he would not be available at the given time. Mayor Anderson stated the City would attempt to have all parties present. Treasurer's Report for the month of July who stated that 65.9% of the anticipated of the appropriation had been expended. present time was $720,520.55 was given by Treasurer James Malone revenue had been received and 60.4% He added the total on hand at the The Semi-Annual Police Pension Fund Report was given by Treasurer James Malone who stated the fund balance as of June 3~ 1973 was $127,456.38 and that there were no obligations other than the monthly insurance. The complete report is in the General File under "Police Pension Fund - Semi Annual Reports." Motion by Alderman Donaldson Pension Fund) report given by Pepe and passed 6-0. "I move we approve the (Semi-Annual Police James Malone." Motion was seconded by Alderman Motion by Alderman Hulsey "I move that WZ-73-17 from Agricultural-One to Industrial at 4800 Van Gordon be approved as presented for the following reasons the Planning Commission recommended approval, it is in agreement with the Land Use Plan and there was no opposition." Motion was seconded by Alderman Pepe and passed 6-0. Motion by Alderman Donaldson "I move that WZ-73-18 not be approved for the following reasons 1. It is not in conformance with the Land Use Plan. 2. It does not conserve the value of the surrounding area 3. It does not meet with the wishes of the neighborhood. 4. It can be developed under the present zoning." Motion was seconded by Alderman Abramson and passed 6-0. The zoning remains unchanged. Resolution No. 239, a Budget Grande who said it would 1. for management discretion . Adjustment Resolution was presented by Walter increase the revenue appropriation. 2. Allow John Dpie asked if this included engineering advice for the Board of Adjustment and Mr. Grande stated money was available for this purpose. Resolution No. 239 was introduced by Alderman Donaldson and read. Motion by Alderman Donaldson "I move that Resolution No. to a budget adjustment) be adopted as presented and read." onded by Alderman Hulsey and passed 6-0. 239 (pertaining Motion was sec- MINUTES - August 16, 1973 - Continued -3- Walter Grande, Finance Officer otated that earlier Mr. Early had proposed $3,000.00 to appraioB the Wheat Ridge Junior High School site and that he had been notified that now it would be $3,250.00 instead of $3,000.00. Motion by Alderman Pepe, seconded by Alderman Howard "That the authorization for the school site study be increased from $3,000.00 to $3,250.00" Motion was seconded by Alderman Howard and passed 6-0. The matter of funding for the advice of a professional engineer for the Board of Adjustment pertaining to Flood Plain Requests came up for dis- cussion and a decision. John opie of the Board of Adjustment stated the folloWing 1 He had not known the matter was on the Agenda. 2. When engineering advice was discussed in Rapid City, South Dakota the Board of Adjustment had been told that funds were available. 3. When the Flood Plain Ordinance had been amended on February 22, 1973, he and George Fentress and Alderman Abramson had all objected because of the admitted difficulty in administrating such an ordinffi ce. 4. The question of a consultant had been brought up. 5. The Director of Planning Paul Walker had been told to check for funds and Robert Barr had said money was available. 6. Mr. Barr had said the bill did not need to go to Council for approval because it was less than $1,000.00. 7. When the first flood plain case was heard in March, Wright-McLaughlin Engineering Firm was hired and provided valuable information which the Board would not otherwise have had access to and had submitted a bill for $425.00 which after three presentations (the third as of June 27, 1973) still remains unpaid. 8. The bill was legitimate and should be paid 9. Such advice is necessary to the Board of Adjustment because of the technical nature of Flood Plain cases. 10. In addition, a bill for pictures of the flood taken by Wright-McLaughlin has not been paid. These pictures were authorized, and not by the Board of Adjustment, and the bill was included with the third notice bringing the total to $508 80. It was suggested that the matter be turned over to City Attorney Fox. The folloWing comments were made Mayor Anderson stated that Mr. Fox had made no attempt to pay the bill and he didn't think he would now. Alderman Cavarra stated that the services had been requested by the staff. Mr. Taylor in answer to a question by Alderman Abramson stated that he as a department head had authorized engineering traffic studies 5 or 6 times, but that he as acting director of planning did not authorize the Wright- McLaughlin bill because there was no money specifically allotted in the budget. Alderman Donaldson made the following Motion until City Attorney Fox's return and get his Alderman Howard seconded the Motion. "I move that Council wait legal advice on the matter." Alderman Hulsev said the bill is legitimate, work was done in good faith, and the bill should be paid. Alderman Abramson stated that he agreed the bill should be paid, that depart- ment heads have contracted for consulting services and have never been questioned. Question was called on the Motion and Motion passed 4-2. Aldermen Abramson and Cavarra voted "nay.' MINUTES - August 16, 1973 - Continued -4- Mayor Anderson stated 1. That the administration would take the position that the City would not hire a consultant for the Board of Adju5tment. 2. That the Board of Adjustment is to hear a case and decide on the basis of evidence presented. 3. If either party, the City or the applicant is dissatisfied his recourse is in the District Court. 4. The Board of Adjustment is a hearing body and does not have the right to hire anyone. Mr. opie stated the hiring had been done not by the Board of Adjustment but by the Planning Department. Mr. Taylor stated the pictures to the best of his knowledge had not been ordered by himself or Alderman Cavarra or Alderman Abramson, that the City had more than adequate pictures of the flood. Alderman Donaldson ~estioned a statement in the August 9, 1973 ~inutes by Alderman Cavarra that no accidents had occurred in the stretch of 38 Avenue to be widened. Alderman Donaldson said he had seen records of 43 accidents in that area since 1970. Alderman Cavarra stated her information came from the 1972 accident report. It was stated that Acting Attorney for the City Greg Tibbetts would need to be authorized to retain necessary legal council for court on August 22, 1973 because Mr. Tibbetts would be out of town. Motion by Alderman Howard "I move that Gregg Tibbetts be authorized to retain legal Council necessary to handle the matters of prosecution for Wednesday, August 22, 1973." Motion was seconded by Alderman Hulsey and passed 6-0. Meeting was adjourned at 10 55 p.m. ~ ;/' -----r 7. v/ .;/ 7 -<--~ ----7'1 -',,// 1 A / L".~ ~ / "......(;._~ ~.,.C' Louise r. Turl"ler City Clerk /"-1- A-eLf-/ "" r--~ L ...:{/ ~)c / //-