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HomeMy WebLinkAbout02/22/1973 MINUTES February 22, 1973 The one hundred and ninety third regular meeting of the Wheat Ridge City Council was called to order at 7 35 p.m. by Mayor pro tem Ray C. Pepe at 7390 West 38 Avenue. Other Aldermen present were Dr Paul Abramson, Jack Bramble, Joseph Donaldson, Robert Howard and Calvin Hulsey Also present were James Malone, City citizens City Clerk Louise F. Turner, City Treasurer Attorney Maurice Fox, staff personnel and interested Citizen Comments were made by City Attorn~a~~ice Fox who called upon ~ Turner of Adolph Coors Company to present a lease agreement between Coors and the City of Wheat Ridge. Mr. Turner stated the agreement covered 122 acres between Kipling and Youngfield for Clear Creek Greenbelt Trail development, and included a 20 acre lake for boating and fishing, and expressed the fact that Coors favors a greenbelt. Alderman Hulsey commended Coors for its willingness to use land in this waV and made the following Motion "I move that the Coors lease as presented be accepted and the Mayor be authorized to sign the lease " Motion was seconded by Alderman Donaldson and passed 5-0. Geo~~_.Fentress, State Representative, engineer and geologist who said he had been a proponent of the Flood Plain Ordinance and wise use of the flood plain He had also worked for recreational trails He said he hoped this was a long term lease so that the City wouldn't put money into it, and then have it wiped out by a termination of the lease He added the following 1 That one day a 200 year flood would wipe out the Coors plant 2. That he was in favor of cooperation between state and local governments and corporations 3 That he had supported Wheat Ridge incorporation as pre- ferable to a joint incorporation of Wheat Ridge and Lakewood. 4 That Wheat Ridge would be wise to consider the junior high building as a City Hall site because a city hall, if built on the proposed city hall site, would, too, be washed away in a flood. 5. That even though city politics are non-partisan, he hoped a Republican would be chosen to replace Mr. Bramble. ~g~ro tem Pepe stated that the City intended to work with the school district and that a letter of intent had been written. Darrell Skelton of 4380 Harlan, Chairman of the State Recreational Trails Commission--whOlcommended Coors and Wheat Ridge regarding the lease, commended Representative Fentress for his being responsible for state trail legislation and explained how the Wheat Ridge Greenbelt Trail would fit into the overall state trail system. A 1-?_Beer package license for King Soopers at 3400 Youngfield came up for renewal. Manager Donald Bergh of 8221 Upham Court was present Motion by Alderman Donaldson "I'd like to move for the approval of the renewal of a 3.2 package license for King Soopers at 3400 Youngfield " Motion was seconded by Alderman Howard and passed 6-0. A Preliminary Hearing for a 3-way liquor license for Art Knief dba Como's at 9110 West 44 Avenue was held. Mr. Knief and Attorney Michael Villano who represented him were present. MINUTES - February 22, 1973 - Continued -2- Motion by Alderman Abramson "I move that a preliminary neighborhood be set for Como's at 9110 West 44 Avenue at a one mile radius from the outlet which can be increased or lessened according to evidence presented at the hearing, and that the date for the hearing be April 12, 1973" Motion was seconded by Alderman Howard and passed 5-0. Motion by Alderman Abramson "I move that t~ appointment to fill the Council vacancy be tabled until the 15th of March 1973 for further study." Motion was seconded by Alderman Donaldson. Alder~an_~oward said this would leave the Council without a permanent member for tWO to three weeks in March He said the Council had had interviews, and that at the conclusion of a discussion following the interviews, the Council had "pretty much" made a decision and he saw no reason to table it. Mavo}'~uem__~ll~ agreed. Question was called and Motion passed 3-2. Alderman Bramble abstained because he had intentionally not attended the interviews, and Aldermen Howard and Pepe voted "nay." Attorney_Fox stated in answer to a question by Alderman Bramble that no time limit for filling the vacancy is given in the Statutes. He stated in answer to Alderman Pep~ that no new applications should be considered because the notice in the paper had given the 19th of Feb- ruary 1973 as the time limit to make applications Extension of insurance from Capitol Life Insurance Comp~ was presented by Walter Johnson and considered by Council Motion by ment with coverage " Alderman Howard "I move that we continue our current arrange- Capitol Life on life and accident^al death and dismemberment Motion was seconded by Alderman Donaldson and passed 5-0. Ordinance No 124 pertaining to an alley vacation (Case WV-72-05) was brought up for second consideration and read. ~obe}'~ Barr of the Planning Department stated 1 That the Chief of Police, the Public Works Department, the Planning Commission and the Planning Department were not in favor of the vacation. 2. That the Public Service Company and Mountain Bell felt the vacation would be alright provided an easement was retained. 3. That questions had been raised regarding the additional units 4 That a question had been raised as to the possibility that this might not be an alley, however, it had been found to be recorded in the plat book as an alley 5 That a drainage plan had been filed which wruld cause the developer to install paving to Fenton Street with the low part or a dip in the paving located lengthwise in the middle to handle the water. 5. That the water from north of 28 Avenue is collected north of 28 Avenue and the dip would handle the water from that point south to the dip, it would drain to Fenton and would handle a 2 year run-off 7. That the traffic engineer had opposed the use of a 10 foot easement for egress from and ingress to a 20 foot area for parking spaces 8. That all requirements of the Code were met at the time the permit was granted 9 If the alley is vacated and half of the property goes to the property on the north and half to the south, a hardship might be caused, causing an "on street" parking problem. 10 That the builder has requested a variance to overbuild Aldarman Howard askad if tha racommandation was that Council not vacata the proposed area and allow the owner (builder) to pave a public area, going beyond his limits to Fenton Street. Mr_~___8_arr answered "Yes" Alderman Abramson asked if building was often allowed when an alley provides the p-ci-rk1ng:--Mr Barr stated that a public ROW can be used for parking. MINUTES - February 22, 1973 - Continued -3- Alql?.!manBbramson also asked whV a two vear figure was being used regarding drainage when in the past it had been ten years Mr. Barr stated the drainage criteria manual uses two vears for residential property and ten years for industrial Alderman Donaldson asked if the alley would go through to Eaton and ~Barr-5aid 50 feet of the alley to the east would not be paved Comments were made by M~__Bonn~~~oma of 2859 Bray Street who stated 1. The grade is nearly 45 . 2 The area is a cloudburst area, and the dip will not adequately carry the water, and 3. That she was in favor of the vacation so the people below would be protected 4. That the variance sign says they want 15 units, and she asked why a variance is coming up now when the building is already buil t. Alderman Abramson stated the vacation alone won't solve drainage problems and that there was a question as to whether half the alley space would be sufficient ~ity Attorn~y Fox, in answer to Alderma~ How~rd stated it was not necessary to have all the property owners involved in requesting a vacation Warren Chambers owner and builder of the apartments in question stated 1 That he was not aware of the first hearing 2 There there was considerable drop and had always been a drainage problem. 3. That there were two additional lots (Not his) which would be built on. 4. That dirt from the excavation had, during bad weather washed mud down on one lot below to the south. 5. That he had a building permit and wanted to correct the drainage problem 5. That this was his first project. 7 That his permit was for 13 units and one recreation room, and he was 320 feet short for a fourteenth unit, and that he had gone ahead with plans for the recreation room with the intention of asking for a variance 8 That the applicant for the vacation owned property on both sides of the alleyway, and intended to combine these for an apartment development. This point, however, was considered heresay by City Attorney Fox 9. 2 5 parking spaces per unit were required by his present permit, and if the alley were vacated he would be in violation of the building permit. Maxine Parker of 5665 West 27 Avenue who stated 1. The project was behind Her home 2 That Mr Chambers had created a mess. 3 That the units are undesirable from the standpoint of no back entrance on the south where the parking was. 4. That Mr. Chambers is not guilty, but the person who issued the permit is guilty 5 That a simple solution existed, and that was for Mr Chambers to buy the property owned by the applicant, Mr. Henckel, and use it for parking on 28 Avenue Alg~rman Howa~E stated he would like to table this for study for two or three weeks. He requested a study session with the Building, Planning snd Public Works Departments and made the following Motion "I move we table action on Ordinance No. 124 until March 8, 1973" Motion was seconnded bV Alderman Donaldson and passed 6-0. Or~}~~nce ~ 125 correcting a legal description in Ordinance No. 120 was brought up for second consideration and read. M[]_t_~on by Alderman Abramson "I move that Ordinance No on second reading and be ordered published and posted." by Alderman Hulsey and passed 5-0 125 be adopted Motion was seconded MINUTES - February 22, 1973 - Continued -4- Ordinance No 126 amending Ordinances No 9B and 10B was brought up for-second consideration and read. Alderman Abramson stated Sections 3 and 4 had been "slipped in" to an Ordinance with something that was wanted, that those sections should not be approved Those sections involved adding the word "to a substantial degree" to portions of the Flood Plain Law which prohibits building when damage would be caused to others. Alderman Abramson said he had seen one instance where a pond had been removed from the flood plain with significant effect and it had been because ~is proposed type of wording was in the law at the time giving the opening for conflicting reports from engineers debating the matter. Ci__i~LAttorn~~_Fox stated the law needed the proposed wording to allow flexibility,that to leave it out so that the law restricted building which might damage others who were already there was an old concept that would not be backed by the Courts. Geor~_entr~~ speaking as an engineer and geologi~t~t~g proposed wording would allow an engineer to argue any case either way depending on what his client desired, and that he himself preferred to see a flood plain law that has teeth and also that restrictions placed by a similar law in Adams County had been upheld by the courts as valid. John Opie of the Board of Adjustment said flood plain cases, known to be difficult and time consuming had been given to the Board of Adjustment, and that the Board had asked to be provided with professional advice He also stated that he favored keeping it clear cut and as simple as possible rather than opening it up to ambiguous wording. Motion by Alderman Abramson 1'1 move that Sections 3 and 4 be stricken." Motion was seconded by Alderman Hulsey and died in a tie 3-3 vote. Aldermen Bramble, Donaldson and Pepe voted "nay." Motion by Alderman Howard "I move that Ordinance No 125 as introduced by Alderman Donaldson be adopted on second reading and be ordered published and posted." Motion was seconded by Alderman Donaldson In answer to a question from Alderman Hulsev, Attorney Fox said a tied vote would result in killing the Ordinance Question was called and Motion passed 5-1 Alderman Abramson voted "nay." Mayor pro tem Pe~ announced that the coming meeting would be a study session, rather than a regular meeting Alderman Bramble stated this was his last meeting. been an enjoyable experience and thanked the other saying he had appreciated knowing and working with He said it had members of Council, them Other Aldermen and also citizen H.J. Husted expressed regret at Alderman Bramble's leaving and said he would be missed. C~tizen Dora Pecoli said she was a new resident in Ward III and asked that the Council seriously consider appointing a woman to fill the vacancy. Meeting was adjourned at 10 10 P m. ,t... ~,~~( -?... f. --1 L / --.:K::. j,. ./ L..c' < Louise F Turner City Clerk ) ~~;? -::'/, \-:0' '7 -") - ~-Jl..-,J- ,~ _ -r,......../'''- <