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HomeMy WebLinkAbout12/16/1971 MINUTES December 16, 1971 The one hundred and thirty-eighth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. at 7390 West 38 Avenue by Mayor Albert E Anderson. Aldermen present were Dana Bowling, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Others attending were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, staff personnel and interested citizens. Citizens Comments were made by Nancy Snow of 11568 West 39 Avenue that there had been no correction to the following four bad situations which had been called to Council's attention several weeks ago 1 The swale in the parking lot 2. Fill along Lena Gulch. 3 Cutting on the edge of Lena Gulch. 4. The plastic lined irrigation ditch which was to have been checked by Mr. Prose and Mr. Ralph Johnson Also, she said the drainage ditch on the south side of 38 Avenue has been blocked because there is no culvert under Quail Street. Paul Abramson of 3042 Mtn. Shadows Drive who stated that water and oil products from the parking lots of the two apartment houses east of Quail Street and south of 38 Avenue draining into what used to be the Williams garden and that the center of the irrigation ditch was higher than the sides so water does not flow. The Renewal of hotel and restaurant liquor license for HollV West came up for decision. George Apostalakis was present. Motion by Alderman Pepe "I move that the liquor license for Holly West Restaurant at 3490 Youngfield be renewed" Motion was seconded by Alderman Hulsey and passed 4-2, with Aldermen Howard and Bowling voting "nay " The Renewal of the hotel and restaurant liquor license for and Nite Club at 6551 West 44 Avenue came up for decision Wurm was present Club Corner Bar Owner Jim Motion by Alderman Pepe "I move that the liquor license for Club Corner Bar and Nite Club at 6551 West 44 Avenue be renewed." Motion was seconded by Alderman Howard and passed 4-2 with Aldermen Howard and Hulsey voting "nay." WF-71-06 Flood Plain Request was heard. Applicant Mr. Bauer of Bauer Townhouses was present and was represented by Attorney David Deubin. Also present were Builder - Mr Birkin and Engineer - Daniel Aberle Mr. Deubin stated 1. That request involved two lots in Brookside Subdivision 2. That five buildings were previously approved, two of which were on the two lots involved 3. Property is 200' X 140 . 4 Zoning is Residential-Three. 5 That the consulting engineer had been with a hydraulogical research firm and was qualified Mr. Aberle, the engineer, stated 1 His license number was 7502 2 The blue on the lowerside (referring to the map on the wall) is the Lena Gulch primary Flood Plain 3 The blue above is the secondary or 100 year Flood Plain. 4. The Green is slightly higher and called the crossflow area. , \ / Lr -2- 5 From Quail to Kipling there are over 50 structures in the overflow area and 148 or 149 in the secondary Plain and also three apartments below this parcel and four on the east side of Quail Street. 6 That he recommended that the wall should completely enclose the plaza 7. That there would be 3 foot by 9 inch reinforced footings and no basements 8 That even a flood great enough to equal 13,000 CF5 would be less than 2 feet 9 That the 100 foot line in this location is 5,410 feet 10. That the tops of the foundations of this rectangular plan would be 5,413 feet. These buildings have joists which hang in between rather than on top of the foundations. The height of the foundations of the three buildings to the south is 5,412 feet because the joists rest on top of the foundations making the floor level 5,413 feet. 11. Complex is basically elongated and the longer axis is parallel to the flow. 12 Effect on surrounding buildings would be negligible and would be slow and shallow 13. That an elevation on Quail near 38 Avenue was 5,409.92 feet and another on Quail 5treet near the gulch was 5,412.59 feet. An elevation on the subject property 50 feet south of 38 Avenue was 5,410.6 feet and west of the subject property 50 feet south of 38 Avenue - 5,414.8 feet. No elevation was given for 38 Avenue because it is a manmade structure. 14. That the Corps of Engineers Report is the only study available of the Lena Gulch Flood Plain. 15. That the footings must be strong enough to resist the hydraulic pressure of saturated soil against the buildings. In answer to a question as to the direction of the water, Mr. Aberle said it is difficult to say, the water would not be a sheet because the area is interlaced with small channels, but the general flow is west to east. Ronald Birkey, architect, of 1492 Ammons and registered in Colorado stated the following 1 That a nine inch foundation wall with oversize would be used, i e. 3/4 inch rebar vertical steel. Also and that this would be satisfactory to withstand water. be adequate with the vertical steel. 2. Trussed joists with fiber strength of 520 lbs. would be used on the first floor, second floor and roof. 3 No utilities would be below the first floor level. 4 He said the level would be two feet above at foundations and for 15 feet around the building and more. 5 Buildings will be 41 feet from 38 Avenue to preserve the trees and 20 feet from Quail. 6 Construction would be cedar with stucco board wing walls. 7. Density would be 14 units and no children or only small children would be allowed reinforcing still in the footings That 8 inch would Attorney Deubin stated the density was proper for 28,000 square feet at 2,000 square feet per unit. Speaking in opposition were Paul Abramson of 3042 Mtn. 5hadows Drive who said 1. The Ordinance says flood plain use must conform with all re- quirements of the ordinance. 2. That Section 1(1) prohibits uses harmful to buildings upstream. 3. That Section 1.2 says the intent is to protect occupants from flooding caused by ther own or other land use. 4. That the buildings have not been placed so as to offer minimum obstruction to the flow. 5 That Council may and perhaps should require a valley cross section, a plan of surface in contours and the contours of the channel. That if uses conform and are not harmful they should be permitted, but that the Ordinance says they must conform to all requirements and not as in the case of these buildings conform only to the sections that apply ) I -3- to the construction of the buildings they put in. Nancv Snow of 11556 West 39 Avenue who said that in both written reports submitted by Mr Aberle the flood level was put at 5,410 feet and that the implication had been that this figure had come from the Corps of Engineers Report and that actually the figure given was 5,411.5 at check point no. 62 on Lena Gulch shown on page 57, and that it said the water isn't going to go straight north She said a complete topographical study was needed and added that care had been taken to make the buildings structurally sound, that the buildings are not parallel to each other or to the flow, that buildings that are placed perpendicular to each other cannot possibly be parallel to the flow and added that joining them might be a protection to them, but also enabled them to act as a dam. Dr David Snow of 11568 West 39 Avenue who said 1 That more homework had been done on this than on other proposals 2. That he had written to Mr. Beryl in Omaha telling him that additional study of changes made since 1967 in the Lena Gulch Flood Plain was important to Wheat Ridge and should be high on the priority list. 3 That Mr Beryl had responded that there are no plans for further study of Lena Gulch, that a field check had been done in November 1970 and the report was considered to be accurate at that time. 4. That there has been much fill since November 1970 and that four feet has been placed on Haas Subdivision and that the elevation raised on Haas and on property to the west may well have changed the 5,410 foot figure being used 5. That at the last hearing an elevation of 5,412 feet had been given for the intersection of 38 Avenue and Quail. 6 That as before there is only one side to be heard by Council. 7 That he recommended that Council postpone any further action until the City can be represented, that 60 days would be sufficient for a study to be made for the benefit of the City. Speaking on behalf of the development were Theodore Erickson of 4075 Carr who said 1. He had lived "here" 65 years, his wife's home had been next to this property and she had owned the property in question some years ago. 2. That it's foolish for the flood plain to develop into such an issue. 3. There are homes close to the creek to the west. 4. If Lena Creek is to be cleaned up, it should start at 32 Avenue and go all the way down. 5 That the buildings proposed are beautiful and the property is beautiful, and the City should be careful not to chase good builders out Lillian Erickson of 4075 Carr who felt the controversy was "childlike" and difficult to understand when bUilding is going on allover and townhouses are being built right on Bear Creek, that water from heavy rains has always run off and not caused floods, irrigation water from Brookside has gone through the property, north to 38 Avenue and on past the Red Barn and to the creek again, ground level on this property is equal to roofs near the Red Barn Alderman Hulsey commented that had Denver had a Flood Plain Ordinance eight years ago there would not have been so much damage. Alderman Bramble asked that no summation be made and that the case be con- tinued for further evidence so that the City could have professional advice. Motion by Alderman Bramble "I move that Case WF-71-06 be continued to January 20, 1972 for additional evidence." Motion was seconded by Alderman Pepe. -4- The possibility of a Moratorium was brought up and the length of time as well as representation for the City was discussed. Council was polled and Motion was defeated 5-1 with Alderman Bramble voting "aye." Motion by Alderman Bramble "I move that Case WF-71-06 be continued for 60 days for further consideration." Motion was seconded by Alderman Hulsey and passed 5-1 with Alderman Pepe voting "nay " It was stated the matter would be taken up February 17, 1972. Motion by Alderman Howard "I move we set a 90 day Moratorium on all Flood Plain Exceptions Requests to allow the City of Wheat Ridge ample time to review and contract with a qualified engineering firm to advise Council of the requirements to meet the contents of the Flood Plain Ordinance" Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No 99 was brought up for second consideration and read Motion by Alderman Hulsey "I move that Ordinance No. 99 clarifying the effective date of Ordinance No 91 be adopted on second reading and be published and posted." Motion was seconded by Alderman Donaldson and passed 5-1 with Alderman Howard voting "nay." Ordinance No 100 (Animal Control) was brought up for second consideration and the title read. Motion by Alderman Pepe "I move that the title having been read, the Clerk dispense with reading the balance of the Ordinance" Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Donaldson "I move that Ordinance No. 100 be amended by the addition of Section 4 (f) as follows 'The Animal Control Commission shall have the authority to grant a variance to Section 4 (b) above as to the number of animals permitted and shall direct the City Clerk of their decision The fee for said hearing shall be set by the Animal Control Commission. The policy as to the hearing of evidence and procedure of the Commission shall be by a resolution initiating such requirements as the Commission deems necessary.'" Motion was seconded by Alderman Bowling and passed by a vote of 6-0 Motion by Alderman Pepe "I move that Ordinance No. 100 (Animal Control) be passed on second reading as amended, and be published and posted." Motion was seconded by Alderman Howard and passed 6-0. Resolution No. 157 was introduced by Alderman Hulsey and read. Motion by Alderman Pepe 1971 Budget) be approved." and passed 6-0 "1 move that Resolution No. 157 (adjusting the Motion was seconded by Alderman Howard Ordinance No. 98 came up for first reading The Ordinance had been pre- viously introduced and 53 pages read on November 4, 1971. The remainder of the Ordinance was read. - Motion by Alderman Pepe "I move that Ordimn ce ~Jo. 98 :(Zoning) be adopted on first reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 4-1 with Alderman Donaldson votlny "nay", Alderman Bowling absent and Alderman Bramble absent but having left a written vote of "aye " Meeting was adjourned at 12 45 a.m. ) -' ~ , "j>t7,~( /- ,-:C-c- J//-'t..-<c:-c- Louise F. Turner City Clerk l\prnfi\'PG / .,J /