HomeMy WebLinkAbout09/25/1978
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
September 25, 1978
At 6 40 pm, September 25, 1978, Mayor Phillips and the Wheat Ridge City
Council Members held the Public Hearing on the alleged liquor violation re
Southland Corporation dba 7-Eleven Store located at 9130 W 44th Ave
Council Members present Joseph M Donaldson, Anthony N Flasco, Gary L
Lewman, and Louise F Turner Also present were City Clerk Carol F Hampf,
City Attorney Edmund G Lambert, and Sgt Ed Ray Jeff Chase, attorney, of
the firm of Holmes, Roberts & Owens, was present for the defendants The
City Attorney, Ed Lambert, stated that there was a Stipulation which is as
follows "On August 21, 1978 the 7-El even Southl and Corporation
store on 9130 W 44th Ave, which is licensed to sell 3 2 beer
in the City of Wheat Ridge, Colorado, did in fact sell beer to
a minor" Mr Lambert presented the 6-pack of beer in evidence as City's
Exhibit #1 and the City's file of the case as City's Exhibit #2 Mr Chase
had no objection to the Exhibits Mr Lambert stated that he had no other
statements to make Mr Chase called Mike Ross, 7621 Teller St , Arvada, who
testified as to the procedures that Southland Corporation expects, that they
do have written guidelines, and that the salesperson involved had been term-
inated as an employee No other witnesses were called Mr Chase made a final
statement that the Corporation does have training for the employees, and,
that recently a Shopping Service had been employed to check on such items,
and because of these precautions asked for leniency MOTION by Councilmember
Turner "I would move that Council find as follows That on August
21, 1978, the 7-Eleven Store on 9130 W 44th Ave did, as is
stipulated by the attorney, sell beer to minors I would further
move that the 3 2 license be suspended for this location, 9130 W
44th Ave, for ten days, beginning at noon on September 30th, 1978,
and ending at noon on October 9th, 1978", seconded by Councilmember
Donalds~~, carried 4-0
At 7 30 pm, Mayor Phillips called the Four Hundred Twenty-fifth Regular
Meeting of the City Council to order Council Members present were Mary Jo
Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary L Lewman, Ray C Pepe,
and Louise F Turner Also present were City Clerk Carol F Hampf, City
Administrator John A Jerman, City Attorney Edmund G Lambert, Department
Heads Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Chief Ed Pinson,
and Charles Stromberg, staff, and interested citizens
Re Item 5 Ordinance No 289 Regulating Motor Driven Vehicles on Private
Property (tabled by motion July 31, 1978 to September 25, 1978) MOTION
by Councilmember Flasco "I would move for a deferment of two weeks
on t his", seconded by Counci lmember Turner, carri ed 6-0
Statement to the audience by Council President Mary Jo Cavarra
" Ordinances on first reading are not for Public
Hearing but are merely introduced on first reading,
and the Public Hearing (for public comment) is held at
the time of the second reading "
Approval of Minutes
~10TION by Councilmember Pepe "I move for the approva 1 of the Mi nutes
of the meet i ng of September 18", seconded by Councilmember Turner,
carried 6-0
Public Comment
Dougal Graham, 3330 Chase St , spoke First comments were in re the lack of
bicycle racks at the Municipal Building Mr Jerman stated that they have
been on order for approximately ten days, and will be received soon Secondly,
Mr Graham read a Resolution from the Area 4 Planning Committee re Planning
Commission members from Ward I, stating a vote of "no confidence", and with
a request that these members be replaced The Resolution was distributed to
Council
Public Hearinqs
Item 1 Proposed General (Operating), Capital Improvements, Park Acquisition,
Conservation Trust, and Revenue Sharing Budgets for the 1979 fiscal
year for the City of Wheat Ridge NO ONE PRESENT WISHED TO MAKE COMMENT
City Council Minutes September 25, 1978
Page -2-
item 2 Application by Edmund Schaefer fO~. roval of a Dumping Permit for
property located at 3490 Parfet St (Case No DP-78-02)
Mr Stromberg stated that there had been some dumping to date, and the grading
plan would have grading no closer than the fifty feet to the drainage area as
required The plan has staff approval Edmund Schaefer, 12600 W 32nd Ave,
applicant, was present to answer any questions MOTION by Councilmember Turner
"I move that Dumping, Filling and Grading Permit #DP-78-02 issued
to Mr Schaefer for Schaefer's Subdivision, the south of W 35th
Avenue along Parfet Street as shown on document distributed to the
Council, with the one stipulation that the law be carefully ob-
served as to filling within fifty feet of the water carrying area
of the swampy area on the north end", seconded by Council member Cavarra,
carried 6-0
Public Hearings and Ordinances on Second Reading
Item 3 Ordinance No 293 giving the Code Enforcement Officers of the Community
Development Department of the City of Wheat Ridge authority to institute
proceedings in the Municipal Court for the City re Violations of City Code
Chapter 14, Article III, Divisions 1-4, and City Code Chapter 19A
Ordinance introduced by Councilmember Lewman, title read by Clerk MOTION by
Council member Lewman "I move tha t Ord i nance No 293 be adopted on
second reading and ordered published", seconded by Councilmember Turner,
carried 6-0
Item 4 Ordinance No 294 amending Appendix B, Flood Plain Zoning Ordinance,
Section 6 4D, entitled "Special Exemption Permits", of the Code
Ordinance introduced by Councilmember Donaldson, title read by Clerk MOTION
by Councilmember Donaldson "I move tna t Ord i nance No 294 be adopted
on second reading and ask that it be published and posted", sec-
onded by Councilmember Flasco, carried 6-0
Ordinances on First Reading
Item 5 Refer to MOTION to defer set forth above
Item 6 Ordinance providing for rezoning of land located at approximately W
48th Ave and Ingalls St , City of Wheat Ridge, from C-1 and R-2 to
PCD (Case No WZ-78-7)
Ordinance introduced by Councilmember Donaldson, numbered 296 and title read
by Clerk MOTION by Councilmember Donaldson "I move that this Ordinance
be adopted on first reading and ordered published, that a Public
Hearing be set for Monday, October 16, 1978, at 7 30 pm, in
City Council Chambers at 7500 W 29th Ave, Municipal Building,
Wheat Ridge, Colorado, and that the Ordinance, if approved on sec-
ond reading, take effect fifteen days after final publication",
seconded by Councilmember Cavarra, carried 6-0
Decisions, Resolutions, and Motions
Item 7 Preliminary Hearing re New Beer and Wine License for Joseph and
Carol Barton dba Bartoni's, to be located at 4234-4236 Wadsworth Blvd
MOTION by Council member Cavarra "I move that the neighborhood radius
for Joseph B and Carol J Barton, dba Bartoni's, be set at a one
mile for the purpose of the survey, and that the Public Hearing
be set for October 23rd, 1978, at 7 30 o'clock pm, in the Coun-
cil Chambers, 7500 W 29th Ave, Wheat Ridge, Colorado", seconded
by Councilmember Lewman, carried 6-0
Item 8 Report of Architects West, Consulting Engineers, concerning final
plans and specifications for pedestrian/bikeway on W 32nd Ave
from Miller St to approximately Simms St
~a)ry Troxel of Architects/Engineers West, presented the engineering drawings
1 Aerial photo, (2) the first design as previously presented, (3) the
new design as requested, (4) detailed design--working design Features of
the design are that the (1) path meanders to avoid objects that would be too
expensive to remove, (2) where there is a driveway cut there will be asphalt
to the path, (3) in undeveloped areas grass will be hydro mulched, and in
developed areas, sodded, (4) there will be curb and gutter the full distance,
City Council Minutes September 25, 1978
Page -3-
(5) the path follows ground elevation, that is natural terrain, (6) the path will be
flat except there will be a roll where there is a driveway, and (7) concrete will be
four inches thick, except that at driveways, it will be six inches thick The cost
estimate Architects/Engineers West used the same unit prices as the Highway Depart-
ment in consideration of the detached sidewalk, clearing and grubbing amounts were
approximately doubled, and the cost per square yard of the detached sidewalk is much
higher than the attached because of transportation of concrete and the extra forming
The total estimated cost is $149,502 58, which includes a ten percent engineer's
contingency as required by the regulations Mr Troxel had given Mr Sabin, Colorado
Department of Highways, the estimate and plans, and, as yet, had received no veri-
fication from them The original grant had been 90/10 for $100,000, and unless the
State has money to enlarge the grant, the City would need to pick up the additional
amount over $90,000 The State is being contacted on this matter, and a Resolution
to be brought to Council on October 9th for funding The State would like to go to
bid in October MOTION by Councilmember Cavarra "I move that the Council
approve the Plans and Specifications as drawn by Architects/Engineers
_ West, and ask the State Highway Department for their approval and ask
the State Highway Department to go out for bids on this plan, with the
condition that the City have the right of final approval prior to any
bi d award", seconded by Councilmember Lewman, carried 6-0
Item 9 Report on Design and Construction of Footbridges over Clear Creek Mr Hobbs
reported that on September 11th staff had been directed to review the foot-
bridges He found that from high bank to high bank in Prospect Park the distance
is 67 5 feet and at Independence Ct is 170 feet Furthermore, at Independence Ct ,
the City does not own the property on the south side of Clear Creek Mrs VanHooser
has been contacted regarding an easement which would be necessary before going on
In answer to the question regarding previous discussions on the purchase of property
in that area through Open Space Response that Open Space has not acquired the prop-
erty to date, and, therefore, an easement would be a simple and quick solution for the
time being Mr Bredt also stated that in regard to the appraisal for Open Space pur-
chase there appears to be an error that he is checking out Council were concerned
that the footbridge situation has been under discussion for such a long period of time,
and, as yet, we have no footbridges MOTION by Councilmember Flasco "I move that
staff be directed to return to City Council within three weeks a design
for two footbridges at these two locations, and that all the problems
at that time be ironed out, including the design, the easements, the
purchase of land if it's necessary, and a recommendation from staff",
seconded by Councilmember Cavarra, carried 6-0 Staff were asked to proceed immedi-
ately on the Prospect Park bridge
Item 11 Decision on cancellation of October 30, 1978 Cit Council meetin (fifth
Monday Council felt the decision would be premature
MA YOR' SMATTERS
Mayor stated that he had no matters to discuss
CITY ADMINISTRATOR'S MATTERS
Item 12 Approval of striping design plan for parking areas in Prospect Park Dis-
cussion involved the plan which had come from the Coors lease, that some
asphalt needed to be removed at 44th to create a buffer area in accordance with
Wheat Ridge ordinances, also, irrigation problems and other asphalted areas Council
decision was to defer this item one week to take a second look Mr Bredt suggested
that Council get together to go out to Prospect Park to go over the site
Mr Jerman reported on the bus stop committee meeting held this afternoon, and that
RTD was requested to look into less intense bus service in this area, possibly some
routes ending at Sheridan with alternate buses coming out to Wadsworth, and to look
into using the Beth Eden area for waiting until on schedule, and then come on to
Wadsworth RTD will report back on these matters John Simpson of RTD had told him
that there was to be presented to their Board on Thursday a Wheat Ridge grant of
$15,000 for a bus pad at a site to be specified, and expressed his confidence in its
approval
Mr Jerman called Council's attention to the report he had distributed this evening--
a summary of the Budget changes from Thursday evening's meeting
City Council Minutes September 25, 1978 Page -4-
COUNCIL MEMBERS' MATTERS
Councilmember Lewman reported that DRCOG is expanding their Criminal Justice
Committee and had asked for an elected official from this body MOTION by
Councilmember Lewman "I move to submit Mary Jo's name as our repre-
sentative", seconded by Councilmember Turner, carried 6-0
Councilmember Lewman also reported that the Air Force is studying the possi-
bility of the closure of Lowry AFB, and has scheduled a meeting for October 4th,
for input on the subject He will receive any individual comments from Council
Councilmember Flasco stated that the subject of reapportionment is on next
week's tentative agenda and moved "I move to postpone that for a week,
and direct staff to go over the package we got" His reasons were
that Precinct 4411 under the 1970 Census showed 89 population, and the March
1978 Voter Registration showed we had 499 registered voters, and Precinct 4412,
census of 30 population, and 361 registered voters He asked if it would be
possible to use registered voters rather than population The City Attorney
will give an opinion on that Motion seconded by Councilmember Lewman,
carried 6-0
COUNCIL COMMITTEES' AND COMISSIONS' MATTERS
Item 13 Resignation of Gregory Guilford as a member of the Wheat Ridge Animal
Control Commission effective September 15, 1978 It was suggested
that the press inform the public of the vacancy on the Animal Control Commission
MOTION by Councilmember Turner "I move that we place the Animal Control
Commission vacancy on the agenda in two weeks", seconded by Council-
member Flasco, carried 6-0 The Clerk called Council's attention to the Police
Advisory Committee minutes of September 5th, wherein it stated that Ray Sweeney
had resigned from the Committee
MOTION to adjourn by Councilmember Pepe, seconded by Councilmember Turner, all
in favor
MEETING ADJOURNED at 10 00 p m
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CAROL F HAMPF, CI~Y CL~ftf
cfh pj k n;<;tributed to Council
'1. 9/28178 Mayor
From v Clerk: City Mm
y Treas: City AUy I
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~To Admin Services
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APPROVED
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