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HomeMy WebLinkAbout10/17/1977 CITY COUNCIL MINUTES - October 17, 1977 The three-hundred eighty-~~cond regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 P m at 4355 Field Street Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, and Louise Turner Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Carol Hampf, Department Heads, Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwagerman, staff and interested citizens The minutes of October 10, were approved as published PUBLI C COMMENT Dr Gary Lindberg, 4198 Xenon, spoke on the proposed bicycle path on 44th He called it proposed, since he does not believe that it is finished at this time He bicycles a great deal and finds this path dangerous, bumpy and on the wrong side of the street in some places He also asked about the area near Everitt Junior High, where children cross Kipling opposite the school, and the bicycle lane in that location He suggested an overpass The dangerous conditions caused by the motorists driving in the bike lanes need to be corrected, but no state law that will stand up in court has been passed He also inquired about signing and decals to be painted in the lanes Mr Hobbs said that the signing from Wadsworth to Kipling is complete and the remaining will be complete Thursday or Friday The signs beyond Kipling will be placed when the guard rail can be relocated Councilman Hulsey asked if the signs could state "Bicycle/Pedestrian" path ~lr Jerman and Mr Hobbs will look into it Marilyn Clark, 7500 W 33rd Avenue, Wheat Ridge, spoke regarding the sign situation at the PCD at 32nd & Wadsworth She said that on the Preliminary Statement of Intent there had been a restriccion on the height and square footage of the signs The signs being pla~d far exceed these restrictions Originally the plans also called for earthtone signs, but the developer had asked for this restriction to be removed since some companies require their signs to be in the "official" company color Council had not objected to this change since they believed the signs would be small Mr Zwagerman said that there had been a change from the Preliminary to the Final Plan The use statements had been vague and Council had asked for a detailed list At that time the sign size was left out The signs being put up do conform with the Sign Code Mr Fox said that Item 6 of the Preliminary Plan was perhaps left out of the Final Plan inadvertantly, but the City should enforce the Preliminary Plan Mr Zwagerman said that a Stop Work Order had been issued today on the basis of Mrs Clark's protest, but that technically the sign restriction had not be adopted by City Council since they did not like the original list and had asked that a new one be brought back in An Executive Session was called on advice of the City Attorney, to discuss the legality of this item Motion by Councilman Cavarra "I move that this City Council ratify and affirm the Stop Work Order issued to owners of the Shopette to bring signs into conformance with the intent of the Preliminary Development Plan submitted" Motion was seconded by Councilman Donaldson and carried 5-0 On request of Councilman Turner, Mr Zwagerman is to research the dimensions of controversial signs as pertains to the Sign Code Mr Zwagerman said he would need 4 - 6 weeks to prepare the information and would bring it to a Study Session Item 1 Application for Transfer of Location of 3 2% Fermented Malt Beverage license for Southland Corporation dba 7-11 from 7750 W 38th Avenue to 5010 Kipling Street Edmond Noel, attorney represented the Southland Corporation Mr Fox said that he had inspected the file and found it complete and that there had been a notice of Public Hearing Mr Noel said that there were people from the Southland Corporation present, Mike Ross, 7721 Teller, Arvada, District Manager, Jim Welty 2241 W 80th, Denver, Supervisor, and Adrian Lopez, Store Manager Mr Noel questioned each as to the positions they had held with Southland, presented petitions that had been circulated by Mr Lopez, and asked what identification is required to purchase Beer Albert James Cain spoke in opposition to this Transfer of Location,since he believes that the availability of 3 2% Malt Beverage next door to him would attract youths who would try to purchase Alcoholic Beverages in his store City Clerk read the results of the City's Neighborhood Survey Motion by Council nutes - 10/17/77 - 2 - Councilman Hulsey "I move that Council approve the change of location request of Southland Corporation dba 7-11 from 7750 W 38th Avenue, to 5010 Kipling Street" Motion was seconded by Councilman Howard and carried 5-0 Item 2 Application by AMCOR, Inc for approval of a preliminary and final development plan for Industrial development located at 5020 Marshall Street Said property is legally described as follows Case No WZ-77-15 Mr Shelley oresented the case and gave the Planning Department Comments He said that there were two items of concern One had been the Drainage Plan, but that had been Ok'd this day The second was regarding sewer service The site is currently served by Wheat Ridge Sanitation District and there had been verbal committment to continue However this would involve a line of approximately 2,000 feet and possibly a lift station AMCOR has applied to Metro for service as only 100' line would be needed They are also in the Clerk Creek District Discussion location of buildings, access before and after construction of 1-76, drainage, storage Bob Watkin3, manager for AMCOR and John Hamilton, 6163 Holland, Arvada, Engineer were present It was brought out that this move was caused by the purchase of a portion of their land by the State Highway Department Roxy Vendena, 6105 W 49th Avenue, spoke in opposition, stating that he lived in the area and he objects to the Trash AMCOR said that the area in question was in a transient state and would be in compliance when the project is completed Donald Richards, 6087 W 49th Avenue, spoke in opposition and said that he feels there is not room on the site for the plant He also stated that he had maps showing that the Highway would be much closer than shown, that the plant was over the Metro Sewer lines Recess while these items were checked Motion by Councilman Cavarra "I move that Case WZ-77-15 applicant AMCOR, Inc at 5020 Marshall Street be continued until the following information can be submitted Approval by the State Highway Department that the proposed development will not be in conflict with the proposed construction of 1-70, details of outside storage will assure conformance with City of Wheat Ridge Code, submission of 'as built' plans concerning drainage, con- sideration be given to relocation of proposed conveyor to remove from proximity of residential area, and that a plan be submitted for reseeding area now being graded, that is currently being labelled 'native vegetation' on the plat" Motion was seconded by Councilman Donaldson and carried 5-0 AMCOR expects to bring this information to Council on October 24 Item 3 Ordinance 248 An ordinance requiring that all Board and Commission Members be residents of the City of Wheat Ridge, and further authorizing the a~intment of Alternates to each and every Board and Commission of the City of Wheat Ridge Motion by Councilman Donaldson "I move for the adoption of Ordinance No 248 on first reading and order it published" Motion was seconded by Councilman Howard Motion to Amend by Councilman Howard "I move that existing Section 3 be changed to Section 4 and add Section 3, that, Membership in all Boards and Commissions shall be limited to only two (2) consecutive full terms" Motion was seconded by Councilman Turner Motion to Amend the Amendment by Councilman Cavarra "Add that, 'Existing members of any Board or Commission, as of the effective date of this Ordinance shall not be eligible to serve for a third full consecutive term" Motion was seconded by Councilman Turner and carried 3-2, Councilmen Donaldson and Hulsey voting Nay Vote on motion as amended carried 3-2, Councilmen Donaldson and Hulsey voting Nay Motion to Amend by Councilman Cavarra "I move that Section 4 be changed to Section 5 and Section 4 read, 'Each Board and Commission shall also establish by majority vote an attendance requirement for its members, with the stipulation that such attendance require- ment shall be brought to City Council for ratification'" Motion was seconded by Councilman Turner and carried 4-1, Councilman Hulsey voting Nay Motion as Amended carried 4-1, Councilman Hulsey voting Nay Item 4 Ordinance 249 An Ordinance Amending Section 4-3 of the Code of Laws of the City of Wheat Ridge, pertaining to Kennel licenses Motion by Councilman Cavarra "I move that Ordinance 249 be approved on first reading and published" Motion was seconded by Councilman Donaldson Motion to Amend by Councilman Turner "Instead of as written, Section E to say, 'Pet stores selling dogs and cats would be required to have a Kennel License termed a Pet Shop Kennel License, which may be a proper use on Commercial-1 land" Motion was seconded by Councilman Cavarra and failed 2-3, Councilmen Howard, Hulsey, and Donaldson voting Nay Discussion re family pet with Offspring Mr Fox said that disposition of the offspring by gift or sale does not constitute a business Motion carried 5-0 Council Minutes - 10/17/17 - 3 - Item 5 Ordinance 250 - An Ordinance Amending Section 9-8 of the Code of Laws of the City of Wheat Ridge, pertaining to the removal of weeds within the city 1 imits ~lotion by Councilman Cavarra "I move that Ordinance 250 be approved on first reading and published" Motion was seconded by Councilman Turner Motion to Amend by Councilman Turner "I amend Section 2 to say that the city will accept responsibility for maintaining weeds within city owned Right of Way" Motion was seconded by Councilman Cavarra Motion by Councilman Hulsey "I move that we Table this until the full Council is here to vote on it" ~10tion was seconded by Councilman Donaldson Motion carried 3-2, Councilmen Cavarra and Turner voting Nay Item 6 Proposed Traffic Consultants to conduct Traffic Studies for alternate Municipal Swimming Pool Complex sites Mr Bredt read from the minutes of the Parks and Recreation Commission these recommendations one large pool, centrally located capable of being covered at a later date, in a Community Park with an 8 Acre minimum size, in an area bounded by - Wadsworth, Kipling, 1-70, 32nd, and to investigate the possibility of a cooperative pool effort with the R-1 School District Discussion possibility of Lutheran Hospital area, Prospect Park, purchase of 32nd and Union property, that the Grant specifies that the property must be owned by the City Re, the Traffic Study - that it is proposed to be conducted at the 29th and Wadsworth site and the Wheat Ridge Park site Question with the boundaries as stated, is the 29th and Wadsworth site eliminated It was believed that the intent was to include this site Motion by Councilman Cavarra "I move that we get a Consultant to study the Traffic PattErn at the 29th & Wadsworth and Wheat Ridge Park sites" Motion was seconded by Councilman Donaldson and carried 5-0 It was suggested to add Lee Associates to the 1 ist of proposed consultants Motion by Councilman Howard "I move to delete #1 " (Centennial-Engineering, Inc) Motion was seconded by Councilman Turner and carried 3-2, Councilmen Cavarra and Hulsey voting Nay Motion by Councilman Turner "I move that we select Robert Lee and Associates" Motion was seconded by Councilman Howard and failed 2-3, Councilmen Cavarra, Donaldson and Hulsey voting Nay It was suggested that the staff interview and choose a consulting firm Motlon by Councilman Hulsey "I move that we consider the four remaining consulting firms CH2M-Hill, Howard, Needles, Tammen & Bergendoff, Alan M Voorhees & Associates, Inc, and Lee and Associates" Motion was seconded by Councilman Donaldson and carried 4-1, Councilman Turner voting Nay Mr Zwagerman brought to Councils attention that there had been a referral from the Jefferson County Planning Department to the Wheat Ridge Planning Department regarding 4980 & 4990 Miller Street They had had a request for rezoning the property ( 7 Acre) from RC-1 to 1-3 and wanted to know if Wheat Ridge would be interested in Annexing the property Council consensus showed agreement to annex Mr Fox asked to speak to Council in Executive session about 2 legal matters Motion to Adjourn by Councilman Howard, seconded by Councilman Hulsey, all Aye APPROVED ~,/-j /-l / !"'f~" Carol F Hampf, City Cler~ '~ , {'i " ~