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HomeMy WebLinkAbout04/12/1973 MINUTES April 12, 1973 The one hundred and ninety eighth 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 attending were Donaldson, Robert Howard later Dr Paul Abramson, Mary Jo Cavarra, Joseph and Calvin Hulsey. Alderman Ray Pepe arrived Also attending were Mayor Anderson, City Attorney Maurice Fox, City Clerk Louise Turner, staff personnel and approximately 100 inter- ested citizens. Motion by Alderman Donaldson, seconded by Alderman Hulsey 3-2 "That the reading of the Minutes be dispensed with." Howard and Abramson voted "nay." and passed Aldermen Motion by Alderman Abramson, seconded by Alderman Cavarra passed 5-0 "That the Minutes be approved as written." A Preliminarv Hearing for a 3-way liquor license for Pavilion East at Kipling & 1-70 at the southwest corner was held. Attorney Benjamin Loye represented the applicants. Motion by Alderman Abramson "I move that a Public Hearing be set for May 24th for consideration of a 3-way liquor license for Pavilion East at the southwest corner of Kipling and 1-70, and that a tentative boundary for the neigh- borhood be set at one mile from the outlet subject to evidence presented at the hearing." Motion was seconded by Alderman Hulsey. In answer to a question from Alderman Howard, Citv Attornev Maurice Fox said it was not necessary at this time to have a more specific address It could be done later. Question was called and the Motion passed 5-0. A Public Hearing was held for a 3-way liquor license for Como's to be located at 9110 West 44 Avenue. Arthur Knief of 3333 Yarrow Court the applicant, was present and was represented by Attorney Michael Villano of 4315 Wadsworth Blvd. A report on the impartial survev taken by Edward Sullivan for the City and reported by him indicated that eight 3-way licenses presently existed in the one mile radius, and that out of 100 persons contacted 72 favored granting the license, 23 opposed granting it and 5 preferred not to sign for reasons of not drinking or not having an opinion. Complete pro~roings were recorded by Randy York Court Reporter. Motion by Alderman Howard "I move the matter be tabled for one week for a decision to be rendered at that time." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Abramson "I move the Public Hearing for Ordinance No. 127 be advanced on the Agenda to now, because of the number of interested persons present." Motion was seconded by Alderman Hulsey and was de- feated by a tied vote. Aldermen Howard, Pepe and Donaldson voted "nay." Rezoning Case WZ-72-24 Development Plan for a store on the southwest came up for consideration of a final Commercial Planned Commercial Development for a convenience corner of 38 Avenue and Yukon. Mr. Barr stated 1. That the changes recommended by the engineer pertaining to a change in curb cuts had been incorporated into the plans. 2. That it had been properly posted and published. MINUTES - April 12, 1973 - Continued -2- 3. That the owners were held to the specified use, and that if it were to be amended in the futurB it would require City Council action. 4. fhe Planning Commission had recommended approval. 5 No one had appeared in favor or in opposition at the Planning Commission Hearing Mr. Ed Towev, attorney for the applicants stated that he had appeared before when the zoning change was presented and that the final plans were in compliance. City Attorney Maurice Fox stated Council needed to dBtermine compliance and approve the final development plan. Motion by Alderman Abramson "I move that the final development plan of WZ-72-24 be approved since it has been shown to be in conformity with the restrictions placed upon it." Motion was seconded by Alderman Donaldson and passed 4-2 AldBrmen Howard and Pepe voted "nay." WZ-72-42 and WZ-72-43 Rezoning Cases were heard. William Ross of 3450 West 38 Avenue, attorney appearing on behalf of the applicants requested that they be heard together since they were on contiguous pieces of property and requested by the same applicant. Mr Barr of the Planning Department stated 1. That WZ-72-42 was a request for a change from Restricted- Commercial to Commercial-One at 9751 West 44 Avenue. 2. That the area was one acre and the purpose was a restaurant and lounge 3. That WZ-72-43 was a request for Residential-Two-A also at 9751 West 44 Avenue lying north of the other parcel, the area was two acres and the intended use was four-plexes. 4 That the Planning Commission recommended approval for WZ-72-42 because thB Land Use Plan indicated Commercial, it would not create undue congestion or hazard and ROWand parking space were adequate. 5. The Planning Commission recommended approval for WZ-72-43 as the best use and a buffer between commercial and a school with adequate access. 5. Both pieces had been properly posted and the proper publi- cations had been made. 7. Only the applicants and their attorney had appeared at the Planning Commission meeting. 8. That the Land Use Plan doesn't differentiate between commer- cial and restricted commercial. William Ross, attorney said 1. Applicants Mr. Mast, Mr. Doig and Mr. Williams and also realtor Mr and Mrs. Don Moss were present. 2 That total depth of the combined properties was 750 feet. 3. The front or south piece proposed for Commercial-One would be 250 feet deep and 170 feet on 44 Avenue. 4. A 50 foot by 250 foot strip would be dedicated as a street giving access to the parcel rBquesting Residential-Two-A. 5 That the medium density Residential-Two-A would allow ten four-plexes on the rear parcel, this wuuld fit into the uses of the area and an owner would reside in each building, thus allowing VA loans. 5. That the Commercial-One was justified for the front parcel because it was a strongly devBloped commercial area, it would conform to the Land Use Plan and be the highest and best use of the land. Also there would be no ROW problems, no flood plain problems and it had been unaminously approved by the Planning Commission. 7. Access had been provided to the rear and density proposed for the rear parcel was allowed in the Land Use Plan. 8. Provisions for extending the access street into the property would be made at the time of subdivision. In answer to a question from Alderman Howard as to traffic study, Mr. Ross said the property was originally proposed for the Knief restaurant with purchase contingBnt on the change and on thB sale of his propBrty to the City, and he had a statement from Mr. Knief that the traffic justifies a Com- mercial-One use. MINUTES - April 12, 1973 - Continued -3- No one presented additional evidence, nor appeared to oppose the change. Motion by Alderman Pepe "I move that Cases WZ-72-42 and WZ-72-43 be taken under advisement for one week with a decision to be rendered in these chambers." Motion was seconded by Alderman Hulsey and passed 6-0. Ordinance No. 127 pertaining to motorized vehicles on vacant ground was brought up for second consideration and read. Motion by Alderman Donaldson "I move to amend Ordinance No. 127 by changing Section 2 to Section 3 and adding the following as Section 2 'Every person convicted of a violation of this Ordinance shall be punished by a fine not exceeding three hundreD dollars ($300.00), or by imprisonment not exceeding ninety days (90), or by both such fine and imprisonment.'" Motion was seconded by Alderman Abramson. Alderman Pepe commented that any law must have a penalty clause. Motion to amend passed 6-0. In answer to questions from Aldermen Howard and Abramson regarding existing laws which might cover the same thing, City Attornev Maurice Fox stated that the Model Traffic Code covered vehicles on city streets and the nuisance law was not so specific as this one, that this one regulated noise A show of hands indicated some 50 people were present who opposed the proposed Ordinance of those - 39 were young people, 5 of whom lived in Wheat Ridge, the balance were part of an organized recreational vehicle group from Arvada. Speaking in opposition were Lee Richter of 11183 West 27 Avenue, vice-president of the Association of Motor Cycle Dealers of Colorado who said 1. Cycling is a major use, involving some 150,000 registered on road vehicles in the state and 30,000 registered off-road vehicles. 2. His organization had helped write Senate Bill 34 which defines noise at 88 DBA as not too offensive, and says registered vehicles must not exceed it, consequently registered vehicles are legal and are quiet. 3. There are illegal riders but the sports participants would like to help "police" their own as is done in places like Adams County where there are youth groups who learn mechanics and who because of involvement with bikes are not on the streets. 4. The proposed law will promote sneaking. 5. Many 4,5 and 5 year olds ride. 5. Kids need a place to play. 7 Two proposed areas are Lowry bombing range and a place near Golden. 8 That he could see no problem with snow machines if the noiSe were down. 9. That the law made no reference to decibels. 10. That children should be allowed to take advantage of vacant lots. He asked permission to bring in a cycle for Council to hear the difference between legal and illegal machines. Jim Lvdel of 5450 Oak, Director of Safety for Motorcycle Dealers who des- cribed safety programs and activities in motorcycle parks with weekend competition etc He said that it was logical to have restrictions, but ridiculous to "ban it because you don't like it." In answer to question from Mavor Anderson he stated the main objection to the Ordinance was that the meaning of noise is not defined and the only way to define it is by decibels and this Ordinance didn't set out decibels. In answer to a comment of Alderman Hulsev he said they would be glad to help locate an area and that there is no cost involved in developing a bike area MINUTES - April 12, 1973 - Continued -4- A motorcycle was brought in and shown with kinds of ~uipment and without and the noise evaluated. Items used were a silencer, a spark arrester and a stock equipment muffler, the last being what is sold on a regular machine and legal at 80 decibels. With a spark arrester noise reached 88 decibels with a notkffible difference and with neither it reached 105 decibels. Jerrv Cameron of 2540 Cody representing the Rocky Mountain Duro Association, an organization working toward safety and bettering the image who said he thought it was unconstitutional to penalize young people on vacant lots and pointed out that football games also generate a good deal of noise. Randv Campbell of 2540 Cody Street who said other areas are being taken away. Kevin Huffstutler of 2040 Dover Court who inquired as to means of enforce- ment and asked what disturbing the peace meant and suggested that perhaps more study would be wise and decibel levels should be included in the law He questioned a lae which duplicates one in effect. Others who made brief comments were Jerry Campbell of 2540 Cody, Larry Lee of Littleton, Terry Balton of 6070 Everett Street, Jim Skiff of Arvada, Jackie Schmidt of Rocky Mountain Duro Association, John Boyless of 3051 Oak Street, Dean Carlson of 3270 Moore Court and Brad Lucas of Arvada. Motion by Alderman Pepe "I move that Ordinance No. 127 be adopted on second reading as amended and be ordered published and posted" Motion was seconded by Alderman Donaldson. Alderman Hulsey said he would vote against the Ordinance and that he wondered why none of the people who were disturbed enough to request the Ordinance had come. Motion passed 5-1. Alderman Hulsey voted "nay." Resolution No. 222, a Finding of Fact pertaining to Annexation No. 4 was introduced by Alderman Howard and read. It was stated that May 24, 1973, written into the Resolution, would be the date of the Public Hearing. Motion by Alderman Howard III move that Resolution No. 222 be adopted " Motion was seconded by Alderman Donaldson and passed 6-0. Council was requested to stay for an executive session and meeting was adjourned at 11 15 p.m. -"V.:.l..iL...> ~__,~-;I- ~t:.'., "~~,iI' L <--' Louise F. Turner City Clerk 'i/c /7-0