Loading...
HomeMy WebLinkAbout10/28/1971 MINUTES October 28, 1971 The one hundred and thirty-first regular meeting of the Wheat Ridge City Council was called to order at 7 30 P m at 7390 West 38 Avenue by Mayor pro tem Dana Bowling Mayor Anderson was absent Other Aldermen present were Jack W Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe Others present were Clerk Louise F Turner, City Attorney Maurice Fox, department personnel and interested citizens Alderman Pepe stated that two weeks ago he had presented petitions requesting a traffic light at 32 Avenue and Teller Street He asked to have the record reflect that he wanted the light installed and that Clyde Hobbs, Director of Public Works, had said that it is warranted,also that Mr Hobbs has resigned - effective November 12, 1971- and that Council can get information from him prior to that time A Proclamation - proclaiming Unicef Day was read and presented to Susan Altenbern and Lisa Eckhardt. WF-71-o2 a request for permission to build three structures containing 18 units total in the cross channel spill-way of the Lena Gulch Flood Plain at 37 Avenue and Quail Street was heard Paul Walker, Planning Director, stated 1 The two already built structures were begun prior to the adoption of the Ordinance 2 Three are to be considered and a fourth is not to be considered because it is on property not zoned for multiple units 3 This is in the overflow area. 4. Minimum elevation requirements were met in the plans 5 There are no basements. 6 Buildings are angled to obstruct flood waters in the least possible way 7 Buildings would be in harmony with Flood Plain Ordinance and should be allowed. James Phillips, property owner, was present Mr Phillips was informed that Council had received a letter from a propert~W~nrthe east regarding interruption of an existing irrigation system and a problem of parking lot drainage He stated in answer to questions pertaining to the drainage of the asphalt parking lot that he would not damage someone else's property, that he would "put in a pan or a curb or whatever is necessary to take care of the drainage" which is now going onto the William's property th the east He also stated that the interference with the irrigation water had resulted from moving the ditch which had been recommended by Mr Krieling from the City Public Works Department and from settling In answer to questions as to the height of the fence, he stated that it was 5'2" and that he would have to "take it down 2 inches." Motion by Alderman Bramble two weeks so that a curb can lot and render a decision on by Alderman Donaldson. "I move that we table request of WF-71-o2 be placed along the east side of the parking November 11, 1971." Motion was seconded Mr Phillips asked to have the record reflect that the drainage problem was not a flood plain problem Motion was amended to read permission request for two and so that we can satisfy a decision on November 11, to the Motion and vote was "I move that we table the Flood Plain weeks so that the City Attorney can rule the drainage problem in that area and render 1971" Council was polled on the amendment 6-0 to approve -2- Council was polled on the Motion to table WF-71-o2 and Motion passed 6-0 Paul Walker, Planning Director, presented a request to build in the Flood Plain on lots 29 and 4, Haas Subdivision at 38 Place and Parfet Street He stated 1 That the request was for duplexes. 2 That the elevations had been determined by Lane Engineering as 5403Yz' and 5401Yz' 3 That this is in the secondary floodway 4. There will be no basements 5 Only two lots are not yet developed 5 That in his opinion these two would not be detrimental enough to deny the permit. 7 The others had been built before the Ordinance went into effect Mr W.Hildenbrand was present Dr David Snow of 11558 West 39 Avenue stated that this should be weighed carefully for the following reasons 1 This is in the flood plain proper, not in the secondary floodway or the cross channel spillway as was the previous case 2 Haas Subdivision is in the Flood Plain and the number of buildings already there is not relevant This is the first actual request to build in the flood plain 3 If these two are allowed there will be a cascade of requests 4 The intent of the Ordinance is to prevent damage to those living there and the City will be liable 5 The developer has dumped a great deal of excess fill, clear across the valley (except for a small area) - which acts as a dam and causes detrimental flooding elsewhere. 5 Dumping is in conflict because it causes a higher level of flooding in the flood plain and damages others upstream Motion by Alderman Bramble "I move that the matter be tabled for one week and a decision be made on November 4, 1971." Motion was seconded by Alderman Donaldson and passed 5-0 Mr Walker stated that an Ordinance taking flood plain decisions out of the Council's hands had been prepared Mayor pro tem Bowling explained the Ordinance would draw the line between major and minor construction and Council would continue to hear major items Mr Walker reported that the transportation committee had been asked to make recommendations to Denver Metro Transit for changes in the bus schedules by Monday, November 1, 1971 Among changes under consideration were the following 1 Eliminating some of the Saturday buses 2 Adding one to the 44 Avenue schedule 3 Taking some of the Estes Street to town buses and putting them on 32 Avenue He commented that the express buses are carrying 30-48 people per trip. Motion by Alderman Hulsey "I move that we put another run - which would be 9 30 am into town and 2 30 p.m.out on the old 83 Route now called 13 extended and more buses with low passenger loads from 38 Avenue to 32 Avenue on weekdays" Motion was seconded by Alderman Bramble and passed 6-0 Ordinance No 93 was brought up for second consideration and the title read Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 6-~hat the Clerk dispense with the reading of the balance of the ordinance " -j- hotion by Aldel r O~. r.J be passed on SLLOlD reading seconded by Alderman Pepe the Ordl.nance. "I move that Ordinance 1',0. 93 (Zoning and be publishBd and posted" Motion There was discussion as to amendments Hap) was to Attorney Fox explained that there was a Motion to adopt on the floor which could pass or defeat the Ordinance - defeat would mean it would have tu be rsinLroDuced and that if the Motion were withdrawn the Ordinance could then be amended Alderman Peps withdrew the second and Motion to adopt died for lack of a second. Motiun by Alderman Bramble "I move that Ordinance No 93 (Zoning Map) be amended in that the property dEscribed as follows is to be rezoneD Re st r i ctp d-Colnrne rci ai-One All of that lanD located in thE follouJing describeD tract and lying south of the center linE of Clear Creek, to Wl.t A tract of land in the Northeast Quarter of the Southeast quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian,described as beginning on the East line of saiD section thirty rods South of its East Quarter corner, running thencs South along its East line (the centerline of fipling Street) fifteen rods to the Northeast corner of a tract of land described in Book 395 at Page 33 of the Jefferson County records, thence Northwesterly along the Northeasterly line of said tract to its Northwest corner on the North-South centerline of the Southeast Quarter of Section 21, at a point twenty-four rods South of the sixteenth corner common to Northeast Quarter and Southeast Quarter of Section 21, thence Northeasterly along the Southeasterly line of the Sands property (described in Book 151 at Page 22 of the Jefferson County records) to the Southwest corner of the property of the Fruitdale Sanitation District, (described in Book 754 at Page 334 of the Jefferson County records), thence East along the South line of said district to its Southeast corner, thence South along its extended East line forty-five feet to the Nortll bank of Clear Creek, thence along said North bank South 860 east 125 feet, o 0 thence North 57 East 150 feet, thence South 60 15' East to the Southwesterly line of a property described in Book 120 at Page 412 of the Jefferson County records, thence Southeasterly along said Southwesterly line to the point of beginning of this description, said tract containing 9.31 acres more or less Except the East thirty feet that lie in hipling Street and subject to easements and rights-of-way uf record, and a tract in the NE~ SE~, Sec. 21, Twp. 3 S , Range 69 W of the 6th P M described as follows Beginning at a point 345 feet South of the North line of SE~ of said Sec 21, and 100 feet West of the East line of SE~ of said Sec. 21, thence easterly parallel to the North line of SE~ of said Sec. 21, 70 feet, thence Southerly parallel to the East line of the SE~ of said Sec. 21, 105 feet, thence Northeasterly 125 86 feet to pOl.nt of beginning. EXCEPT easements describeD in Book 1795, page 393, et seq., tracts describeD in Book 1892, page 145, et seq , and tracts described in Book 2148, page 563, et seq." Motion was seconded by AlDerman Hulsey. In answer to the question as to necessity of a recommendation from the Planning Commission in the matter, Attorney Fox stated that it might be proper to send it to the Planning Commission but that Council is the final authority in such matters and can act affirmatively Henry Zarlengo, owner of the property in question, requested that the pro- perty be shown as Restricted-Commercial on the new map He said the county map may have been in error but when it was adopted by Wheat Ridge at that point the prop,~rty became Restricted-Commercial The property was purchased by him in January and he learned 60 days ago that it was shown as Agricultural Also it had been shown as Restricted-Commercial not Restricted-Commercial-one. The Motion was amenDed to read "Restricted-Commercial" instead of "Restricted- Commercial-One" Amendment was approved by the second and Council voted 6-0 to amend the Motion -4- Amended Motion to amend Ordinance No 93 was discussed. It was stated that the sub-plat book contains information on zoning and 700-BoO changes are shown in the book. Attorney Fox said "ultimately this type of matter would be settled in a Court of Equity, which Court would say that you must follow thE map because in these matters maps are relied upon and permits are given in accordance with maps Such a Court would have determineD this property as Restricted-Commercial." Council was polled on the amended Motion to amend Ordinance No. 93 and f'iotion passed 5-1 with Alderman Howard voting "nay" fViotion by Alderman Pepe "I move that we adopt Ordinance fJo. 93 on second reading as amended and that it be published and posted " Motion was seconded by Alderman Bramble and passeD 6-0 Motion by Alderman Bowling "I move that Harold W Lane be appointed to take the unexpired term of Mr. Bernard DeCook as a member of the Civil Service Commission." Motion was seconded by Alderman Donaldson and passed 5-0 with Alderman Pepe absent. MEeting was adjourned at 9 35 p.m. .-r" ./ ,/:., ,...-1../ t i touise F. Turner City Clerk L- 2 -,,) L-<.~. l__ I I' ..r'/, r/ / / // / I