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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 / -:.---' /"' l v../'?-( c' d( -j-/ I- ,(./ /,: / 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 ' Oept. Heads ~To Admin Services for Mall Dlstribution \ , i APPROVED f~7 ;?