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HomeMy WebLinkAbout11/04/1971 MHJUTES November 4, 1971 The one hundred and thirty-second regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Albert E. Anderson at 7390 West 38 Avenue. Aldermen present were Dana Bowling, Jack W. Bramble, Joseph Donaldson, Robert Howard and Ray C. Pepe. Alderman Calvin Hulsey arrived later. Also present were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, staff personnel and interested citizens. Citizens Comments were made by Dr. Paul Abramson of 3042 Mtn. Shadows Drive who asked if Mr. Fox had received a report from the Attorney General's Office in regud to the amending of the Land Use Plan. Mr Fox stated that Council is the body directly responsible to the people. He read from the Statutes which stated that the Planning Commission shall approve and adopt a plan and forward it to the City Council for approval. He said there is no provision for what Council does if it doesn't approve, that in his opinion "if Council disapproves it has - as the final authority - the power to amend which it did. If it wishes to take no action the past action would stand. Action to amend was proper and the map was legal." Walter Grande, Finance Officer, reported on signs for school crossings and major street crossings, the bid for which had been requested by Brian Moss of the Public Works Department. Total price for sign faces, sign blanks and posts was given as $9,673.80. In answer to a question by Alderman Howard as to whether or not every existing school crossing sign would be changed, Mr. Grande replied that the department had been notified 3-4 months ago that new sign shapes were coming. Motion by Alderman Donaldson "I move that Council authorize for the Public Works Department for sign blanks, sign faces and Unistrut posts - the amount of $9,673.80 to be charged against Account No. 462." Motion was seconded by Alderman Howard and passed 5-0 with Alderman Hulsey not present. Mr. Grande also reported that instead of the 120 tons of road salt that had been ordered 128 tons had been delivered and that unless Council objected the difference would be paid. There was no objection. Paul Walker, Planning Director, presented a written finding of fact pertaining to Case WF-71-o3, a request by Bill Frame to build in the Lena Gulch Flood Plain In response to audience request the finding of fact was read aloud. It was stated that the Planning Department had accepted the finding of fact and that it had not gone to the City Engineer. Motion by Alderman Pepe "I move the WF-71-o3 Finding of Fact be adopted by Council." Motion was seconded by Alderman Bowling and passed 4-2 with Aldermen Hulsey and Bramble voting "nay". Following comments by Dr. David Snow and discussion by Council the following Motion was made by Alderman Hulsey "I move the matter of WF-71-o3 be tabled for further study." Motion was seconded by Alderman Bramble and passed 5-1 with Alderman Howard voting "nay". Ordinance No. 97 was introduced by Alderman Bowling and read. Motion by Alderman Pepe "I move that Ordinance No. 97 as introduced by Alderman Bowling and read - be approved and published and posted." Motion was seconded by Alderman Bowling ./ -2- Ordinance No. 97 would amend Ordinance No. 68 - the Flood Plain Ordinance - by allowing a "designated Representative" to make decisions in regard to Flood Plain Building instead of the Council - in matters when the expenditure of funds would be $20,000.00 or less. Making comments were Dr. David Snow of 11568 West 39 Avenue who stated that it would be irresponsible for Council to sidestep the responsibility, that it is not necessarily a dollars and cents situation but can be a life and death situation and that alot of fill can be put in for less than $20,000.00. He asked if applicants were required - as the Ordinance specifies - to file a report from an Engineer qualified in hydrology. In answer to a question by Alderman Pepe as to his qualifications Dr. Snow answered that he is not an engineer, that he is on the faculty of the School of Mines and has a Ph.D. in engineering science with training in open channel flow and hydrology. Additional comments were made by Gary Lewman of 4350 Parfet who questioned the $20,000.00 figure and said houses can be built for $18,000.00 and garages and other signi- ficant items for less. Michael Ritz of 5115 Swadley who asked that Council hold off action until it is certain that another person won't be hurt, and Nancy Snow of 11568 West 39 Avenue who asked if there would be a posting and/or a hearing and also if someone couldn't take time to specify in the Ordinance those things which might be allowed without Council approval and added that surely there should be no "fill." The Motion to adopt Ordinance No. 97 and the second were withdrawn. Motion by Alderman Bramble "I move the Ordinance (No. 97) be tabled for further study and that the Planning Director itemize minor items which might be made without Council approval." Motion was seconded by Alderman Bowling and passed 6-0. Ordinance No. 98 the Zoning Ordinance was discussed. Alderman Pepe asked if this Ordinance - because of its length and the cost involved in publication - might be posted instead of published Cost was estimated at $3,000.00 for two publications Mr. Fox said the Statute states that if no newspaper is published in the City it can be posted, but that it might actually hinge on the definition of the word "published." Motion was made by Alderman Donaldson '~hat reading of the Ordinance be tabled to a special meeting on Saturday, November 13, 1971 at 9 00 a.m." Motion was seconded by Alderman Bramble and defeated 4-3 with Aldermen Pepe, Bowling, Howard and Mayor Anderson voting "nay." The possibility of reading a portion of the Ordinance at this time and then continuing it until the next meeting was discussed Ordinance No. 98 was introduced by Alderman Howard and the reading begun. Three Motions for continuance were made and not accepted. In answer to questions Mr. Fox stated that the chair had the option of refusing to accept Motions other than "preferential" motions, one of which would be a Motion to adjourn. Meeting was adjourned at 10 30 p.m. '\ ~'\~';~'~' ycd ~-~' --<' -;-: - / / / /:;~L}~ 0 ,/ ~ ?-~-H~, ~ "Louise F. Turner City Clerk