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
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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
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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
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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.
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Louise F. Turner
City Clerk
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