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
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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 "
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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
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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.
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,/:., ,...-1../ t i
touise F. Turner
City Clerk
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