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HomeMy WebLinkAbout12/27/1973 MINUTES December 27, 1973 The two hundred and twenty-fifth regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m at 7390 West 38 Avenue Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey and Ray Pepe. Alderman Robert Howard was absent. Others attending were Mayor Albert E. Anderson, City Clerk Louise Turner, City Treasurer James Malone, City Attorney William E McCarthy, staff and interested citizens. Motion by Alderman Abramson "I move that the Minutes of December 20, 1973 be approved as printed and that the reading be dispensed with." Motion was seconded by Alderman Donaldson and passed 5-0 Citizen Comments were made by Harold Rust of the Public Service Co. who presented Mayor Anderson the fourth quarter estimated franchise check in the amount of $35,000.00. He said the annual total was $142,000 00 and any adjustment up or down would be made at the end of the first quarter. Alderman Abramson stated 1 That he with the cooperation of Mr. Rust was trying to determine a reasonable policy for Wheat Ridge regarding energy while waiting for federal legislation. 2. He said that there was no problem in Colorado with electricity that Public Service Co. had enough fuel to keep the electrical generation going 3 That peak hours were 4 30 P m. to 9 00 p.m. and citizens should try to limit use during those hours. 4 That there was a problem with gas. 5. That reduction of use would result in higher rates. Treasurer James Malone recommended three Resolutions pertaining to investing and reinvesting funds. Resolution No. 263 reinvestinJA~ CD from the Revenue Sharing Account was introduced by Alderman Donaldson and read Motion by Alderman Pepe "I move Resolution No. 263 be adopted." Motion was seconded by Alderman Hulsey and passed 5-0. Resolution No. 264 pertaining to purchasing a Certificate of Deposit from the General Fund was introduced by Alderman Donaldson and read. Motion by Alderman Cavarra "I move Resolution No. 264 be adopted." Motion was seconded by Alderman Donaldson and passed 5-0. Resolution No. 265 pertaining to purchase of a Certificate of Deposit from the General Fund was introduced by Alderman Donaldson and read. Motion by Alderman Hulsey "I move Resolution No 265 be adopted." Motion was seconded by Alderman Abramson and passed 5-0 WZ-72-4o Industrial Preliminary Development Plan came up for decision. Mayor Anderson stated that the drainage plan had been approved by the City. Dwi~ht Gri~gs who had represented the applicants at the hearing stated that a lake east of Independence would raise only approximately 6 of a foot during a 100 Year Flood and wald be retained with the present surface area for drainage. Alderman Cavarra questioned the change of ownership of the lake and Mr. Griggs stated KLM Inc owned by Mr. Helbig and Mr Williams had purchased the lake and the primary purpose in purchasing it was for the drainage. MINUTES - December 27, 1973 - Continued -2- In answer to Alderman Abramson who asked if the City could bind an agreement such as this drainage plan which was dependent upon another piece of property which was up for sale, City Attornev McCarthy stated it would be up to the applicant to secure and that it would be as binding as any contract. In answer to Alderman Abramson's question as to whether or not the lake could be divided off So that a scenic easement might be placed on it, Garth Gibbons stated the lake was rectangualr in shape and located 150 feet north of 49 Avenue. Motion by Alderman Pepe "I move that WZ-72-4o, Preliminary Plan be approved subject t~ the condition that the pond be retained for drainage as proposed by developers drainage plan submitted to the City " Alderman Abramson asked to amend the Motion to add "And that a scenic easement to the pond be granted to the City of Wheat Ridge." He added that if the intent of the developers is that the pond remain in its current state that such an easement would guarantee its state Alderman Donaldson seconded the Motion and asked if this would be agreeable to the developers. Alderman Hulsey questioned liability. City Attornev McCarthv stated it would be up to the applicant as to what type of easement he would want to put on it. Mayor Anderson stated 1. He would rule the amendment out of order 2 That he had a written vote from Alderman Howard who wantw to vote on the issue and it was not fair that the issue be changed. 3 That the matter of an easement was not discussed at the hearing. 4. (In answer to Alderman Abramson who said the drainage plan was not presented at the hearing), that he had ruled that information on drainage could be presented this evening because it had not been available at the hearing, but it was out of order to bring up an easement. 5 He w~uld accept the Motion as made by Alderman Pepe only, and not the amendment and the Council could over-rule him if they wanted to. City Attornev McCarthv said a majority vote in response to an appeal could overrule a ruling by the chair. Alderman Pepe as Mayor pro tem asked if anyone cared to make a Motion to overrule the Chair. Motion by Alderman Abramson "I move the Chair be overruled." The Motion was changed to an appeal on advice of Attorney McCarthy who said a second was not needed. Vote was 3-2 to overrule the Chair. Aldermen Hulsey and Pepe voted "nay." Alderman Hulsev stated there should have been no new testimony at this meeting. Motion by Alderman Cavarra "I move the Case be tabled to January 17, 1974." Motion was seconded by Alderman Abramson Alderman Hulsev said that the Motion had said the decision was to be tonight In response to a question from Alderman Abramson, Glen Tavlor acting Head of Planning said he had seen the drainage plan for the first time on December 21, 1973, the day after the hearing After considerable discussion concerning the fact that a new Council would be in office by the 17th of January, and Aldermen Pepe and Abramson would no longer be on the Council, it was determined the Motion would mean that the case would be reopened and all information presented in order that a fair analysis could be made. Motion passed 3-2 Aldermen Hulsey and Pepe voted "nay." MINUTES - December 27, 1973 - Continued -3- WZ-73-2B Rezoning Case was brought up for decision. Motion by Alderman Pepe "I mgvs th!t tha Preliminary Plan on WZ-73-28 be accepted" Motion was seconded by Alderman Cavarra and passed 5-1 Alderman Hulsey voted "nay." Alderman Howard's written vote was read by Mayor Anderson and is attached to the Minutes. The 3.2% fermented malt beveraqe package license for Hillcrest Market came up for renewal. Motion by Alderman Abramson "I move that the renewal of the Type J(1) retail 3.2 fermsnted malt beverage license for Hillcrest Country Market Company at 44 Avenue and WadSworth be granted." Motion was seconded by Alderman Donaldson and passed 5-0. The Transfer of ownership of a 3-Way Liquor License of Gasthaus Ridqeview from Peter Hellermann to Gasthaus Ridgeview Inc. was heard. No Court Reporter was present but it was determined that recording by tape recorders in operation would be sufficient. Mr Hellermann was present, was ~orn in and stated 1 The reason for the request for transfer was that his lawyer had advised it. 2 He would be the president and sole stockholder. 3 Mrs. Hellermann would be the Secretary-Treasurer. 4. His Lawyer, F. Richard Hite would be the other director. No one was present to give additional testimony either in favor or in opposition. The hearing was closed. Motion by Alderman Abramson "I move to approve the transfer of ownership of a Type G, hotel and restaurant license from Peter Hellermann to Gasthaus Ridgeview Inc." Motion was seconded by Alderman Hulsey and passed 5-0. WZ-73-3o Rezoning Case was scheduled for hearing. In attempting to determine whether or not the case would be heard the following problems were pointed o~t 1. By Mayor Anderson who stated that only three Aldermen were present who would be able to vote if the case were heard and then tabled for decision, So if heard, the case should also be decided this evening 2. By Garth Gibbons who said that one applicant had conveyed his interest to another party and there was no application from the new party. David Deuben, attorney for the applicants stated 1 He represented Garrison Meadows Developers, a partnership owned by Warren Cruise and Jim Ferguson 2. That two had conveyed their property to GM Developers. 3. That KLM owns the lake 4. That there was no application for Garrison Meadows, but that he had letters authorizing him to proceed. City Attornev McCarthy said he could proceed. Mr Deuben said they would prefer having the case heard and acted on at this time, this was supported by Jim Ferguson who said they had been delayed 30 days and were fighting the Public Service Co. deadline Motion by Alderman Cavarra "I move we hear this Case and render a decision this evening." Motion was seconded by Alderman Donaldson. Alderman Pepe said he would vote against the Motion because it would be a hasty decision and if started might be done all the time. Motion passed 3-2. Aldermen Pepe and Hulsey voted "nay." MINUTES - December 27, 1973 - Continued -4- Mr Deuben stated that since "some members were reluctant it might be detrimental" to his client, and requested it be heard later Motion by Alderman January 17, 1974 " 5-0. Donaldson "I move that Case WZ-73-30 be heard on Motion was seconded by Alderman Cavarra and passed Garth Gibbons was directed to post the property in Case WZ-73-3o and also WZ-72-4o. Ordinance No. 147 pertaining to a 72 inch pipeline to be built through Wheat Ridge was discussed Theodore Whitaker, Chief Engineer of the Denver Board of Water Commissioners and Ralph Johnson, City Engineer were present. A revised Ordinance had been distributed to Council, changes pertained to placement of dirt from the excavating, notification to Council in this regard, and paving responsibilities. Mr. Whitaker stated 1. There would be some 26,000 cubic yards of dirt and the board would need to know where the dirt was to be put 4 to 6 weeks before going out for bids or roughly the 1st to the 15th of March 2 That the pavement cut was normally 5 feet more than the opening and usually the oil was replaced to what ever thickness was there originally. 3. That the Denver Board of Water Commissioners was willing to pay its fair share of paving overlay costs, not paving an entire street, but for example when 10 feet of a 30 foot street had been disturbed it was willing to pay half 4 It would also pay a fair share toward repairing of streets that were disturbed even if they were not actually cut 5. That an extra water tap was to be provided at 32 Avenue and Dudley. 6. That the possibility of a walkway easement could be worked on by the Water Board's ROW department, together with the Wheat Ridge Public Works engineering. 7 In answer to Alderman Cavarra, that it would not be a hardship if the Ordinance were tabled to January 10, and a proposal for an easement could be included Motion by Alderman Abramson "I move that Ordinance No 147 be tabled to January 10, 1974." Motion was seconded by Alderman Donaldson and passed 5-0 Mayor Anderson stated purchase approvals scheduled on the Agenda would be heard at a later date. A Lease Aqreement for a 40 foot wide access easement through the William Johnson property from 40 Avenue to the Greenbelt to the north for 25 years was presented by Boyd Kraemer. Motion by Alderman Abramson "I move that the lease agreement between William E. Johnson et al and the City of Wheat Ridge be approved for a term from the first day of November, 1973 to the 31st day of October, 1998 for the rental payment of $25.00 (Twenty-Five and No/1oo Dollars), payable at the rate of $1.00 (one and no/10o Dollars) each year, said payment to be due and payable on the first day of December for that year, and that the terms of the lease be approved and that the Mayor be authorized to sign the lease." Motion was seconded by Alderman Donaldson and passed 5-0. The lease is filed in the General File under "Easements" with cross reference under "Leases - BUildings and Grounds 1973" and Greenbelt - Access To " An agreement between the City of Wheat Ridge and the City and County of Denver for the provision of bus service to Wheat Ridge by the ATE Manage- ment and Service Co was discussed. Mayor Anderson stated the City will pay double for this service, that there has been a property tax already and will be a sales tax after January. He also added that this bus service was not profitable. Citizen Bonnie Scoma said actually it was three ways because ATE receives federal funds toward which citizen's pay income tax MINUTES - December 27, '1973 - Continued -5- Alderman Cavarra asked if RTD could be forced to pay the contract amount Ben L Chastain of the Mass Transit Committee stated that Denver owned the buses. Motion by Alderman Pepe "I move that the contract proposed between the City of Wheat Ridge and the City and County of Denver for the ATE Management Company to provide bus service to the City of Wheat Ridge from January 1, 1974 through June 30, 1974 be approved." Motion was seconded by Alderman Abramson Alderman Pepe stated that even though bus service was not profitable, not having it would inconvenience many people and the contract should be approved. Aldermen Hulsey and Abramson agreed. Motion passed 5-0. Meeting was adjourned at 10 15 p.m Louise F. Turner City Clerk =If/;.) /) ", . tv /-j{'-7i IOUI L 0:- TIIR~JE. '.-LERf< ALDERME'""J RA Y PEPE:: JOSEPH M. DONALDSu\J ROBERT G HOWARD l, A L 1/ I NOH U L ; 1':-. '( PAUL 8 AeRl\MSON JACK W BRAMBLE '1 ~ , ~ J':: l '1 ,"",J I "'- .If \.A..'"Z r'J -->> ..:> ~- , Vo-'E .....- 1. tv ~ JA \?,t, A <..~. 8 }I) r' lv'~ ALF:lERT E AN[E:.F<Sr'N MA T OR e4 oJ 'kJk41ai R<<JfjB 7470 W 38TH AVE P r CO)( 610 WHEAT ~IDjE ......OLORAOO 80033 PHONE 421 8480 MINUTES - December 27, 1973 - Continued Page 6. "h$E e.f f~ ..., ,.... c ..t. IJ. \) ('..< tI v' <'\ L U f. , I::: 'J f.~ ~..j f' (-1 E ~, r PUo'll i.t I... r.:.d ,(. r~ \, 6:. "'\ I lY - / /'/ f:: ",' f~ .. ",i I ~'''1 ,':"'" I JAMES MALO~E TREASURER ~., It. V) 1'\ ! ~.:l ...... l .., ')