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
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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.
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"Louise F. Turner
City Clerk