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HomeMy WebLinkAbout10/22/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO ~~__Oct~er_22-.-!_L979 __ The October 22, 1979 Regu 1 ar City Counci 1 Meeti ng was convened by t1ayor Phi 11 ips at 7 32 P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, Anthony R Flasco, Gary L Lewman, Louise F Turner and Ray C.Pepe Al 0 r sent City Clerk Carol F Hampf, City Treasurer James Malone, City Attorney Ea Lgm5ert; Department Heads Richard Bredt, Chief Ed Pinson, Charles Stromberg, and inter- ested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson to approve the Minutes of October 15, 1979 as printed, seconded by Mr Flasco, carried 6-0 PUBLIC COMt~ENT Frank Wooten, 3100 Ames Street, brought in a weed violation sign, dated July 31, 1979 that had been attached to his front porch He feels there are areas in his neighborhood with weed conditions much worse than his George Pramenko, 4540 Hoyt Street, said that he had spoken with the Van Hoosers and feels they are agreeable to leasing property necessary to build a footbridge and asked the City to look into it PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application for a new Class J-1 - 3 2% Beer (Package) License - for Koch Marketing Company, dba Hudson Oil Company, 4795 Kipling Street, Wheat Ridge, Colorado Ethan Jacobson, Attorney for the applicant, called the Regional Supervisor John Lucas, 528 Lowell Boulevard and the Station Manager David Cortez, 227 Hazel Court to testify Margo Kaettli, 6313 West 10th Avenue, Lakewood, who had circulated petitions was also heard Applicant's Exhibits 1 through 3 were admitted -- Exhibit 1, pictures, diagram and items for sale, Exhibits 2 and 3 were petitions City Attorney Ed Lambert asked that the City's Survey be ad- mitted into the record also There was no one else to speak MOTION by Mr Lewman "I move for the approval of the Cl ass J-1 - 3 2:~ Beer- (package) License - for Koch Marketing Company, dba Hudson Oil Company, located at 4795 Kipling Street, Wheat Ridge, for the reasons con- tained in the testimony", seconded by Mr Flasco, carried 5-1 with t'lr Pepe voting No because he feels the needs of the area are being met by the other establishments and only 44 out of 100 surveyed were in favor of the license Item 2 Ordinance No 362 - Amending Section 1, Appendix A, Zoning Ordinance, of The Code of The City of Wheat Ridge, Colorado, by the addition of Subsection F, pertaining to the Procedure for Correcting Errors in the Official Zoning Map Ordinance No 362 was introduced on second reading by Mr Pepe and the title read by the Clerk Kathryn Havens, 7060 West 39th Avenue and Maureen Hron, 3835 Quay Street asked questions about the Ordinance AMENDED MOTION~ t1r Lewmarl t hat 0 r din a n c e No 362 be ado p t e don s e con d rea din g and include the following amendments 1 Fourth paragraph Line 6 be amended to read, "mail shall be sent to the record o~Jner and all persons known to have a concern in the property, Line 9 be amended to read, "thereafter The owner, other interested party or the City Council of the City of Wheat Ridge may thereafter file a rezoning application as provided for herein", last line be amended to read, "property between the effective date of this ordinance and the end of the thirty (30) day notification period CITY COUNCIL MINUTES October 22, 1979 Pg -2- 2 Fifth paragraph Lines 6 through 8 be amended to read, "above, the Official Zoning Map shall show that the property is the subject of that rezoning application" 3 A new ninth paragraph be added which should read as follows "For purposes of this section, "all persons known to have a concern in the property shall mean any person or entity who has appeared on record at a hearing on the property or who has requested in writing to be notified of a zoning change 4 That Section 4 be amended to read "This ordinance shall take effect 1 day after final publication" ORIGINAL MOTION by Mr Lewman, seconded by Mrs Turner, carried 6-0 MOTION by Mr Lewman to reconsider Ordinance No 362 to add an amendment, seconded by Mrs Turner, carried 6-0 MOTION by Mrs Cavarra to amend Section 4 as included above, to change the effective date and readopt the Ordinance with the amend- ments, seconded by Mr Pepe, carried 6-0 MOTION by Mr Lewman that the Depart- ment of Community Development be authorized to establish a list of consultants to be hired on an hourly basis, as the hearing officer related to Ordinance 362 and that the City Council shall make the final determination of the hearing officer to be hired, seconded by Mr Flasco, carried 6-0 Item 3 Ordinance No 365 - Enacting provisions for Cable Television Systems in the City of Wheat Ridge, Colorado Ordinance was introduced on second reading by Mr Lewman, the title read by the Clerk MOTION by Mr Lewman for adoption of Ordinance No 365 on second reading as printed, seconded by Mrs Cavarra, carried 6-0 ORDINANCES ON FIRST READING Item 4 An Ordinance amending Chapter 19A of the Code of The City of Wheat Ridge, Colorado Ordinance was introduced on first reading by Mr Lewman, numbered 366 and the title read by the Clerk t~OTION by Mr Lewman that Ordi nance No 366 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, November 19, 1979, at 7 30 p m in the City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect one day after final publication -- with the following amendments That Sec 19A-3 Definitions, under Flashing sign be changed to read, "A sign that is illuminated with intermittent lighting or with varying intensities of light, including a moving light or lights", and that the Definitions be lettered (a) through (z) and (aa), (bb), and (cc) -- seconded by Mrs Turner, carried 6-0 Item 5 An Ordinance creating Chapter 4A of the Code of The City of Wheat Ridge, Colorado Ordinance was introduced on first reading by Mr Donaldson, numbered 367 and the title read by the Clerk MOTION by Mr Donaldson that Ordinance No 367 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, November 19th, at 7 30 P m in the City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado and the Ordinance, if approved on second reading, take effect one day after final publication -- with the following amendments That in Section 4A-~, paragraph (b), the word "midnite" be spelled "midnight", Section 4A-10, paragraph (b), line 3 be changed to read, "If a bench for a bus stop is located on private property, ", and paragraph (d), line 3 be amended to read, "Benches at bus stops which do not "-- seconded by Mr Lewman, carried 6-0 Item 6 An Ordinance amending certain sections of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge, as adopted and passed in 1972, as amended, which sections pertain to Fences, Walls, Lighting Structures and Obstructions to View CITY COUNCIL MINUTES October 22, 1979 Pg -3- Ordinance was introduced by Mr Donaldson, numbered 368 and the title read by the Clerk AMENDED MOTION that Ordinance No 368 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, November 19, 1979, at 7 30 P m in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect one day after final publication -- with the amendment that in the Title, the year be changed from "1972" to "1976" -- Original ~10tion by Mr Donaldson, seconded by Mr Lewman Amending Motion by Mr Pepe, seconded by Mr Lewman, carried 6-0, MOTION AS AMENDED carried 6-0 Item 7 An Ordinance for the approval of a Change of Zone from Planned Residential Development (PRD) to Residential-One (R-1) on property located at approximately the east side of Miller Street between West 46th and West 47th Streets (extended), within the Corporate Boundaries of the City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance was introduced by Mr Lewman, numbered 369 and the title read by the Clerk MOTION by Mr Lewman "I move that Ordi nance No 369 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, November 26, 1979, at 7 30 P m in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect one day after final publication", seconded by Mr Pepe, carried 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Item 8 Request to change Trade Name and request to Expand, Enlarge or Modify Premises by Dewey Dutton, Jr , dba Top Coffee Shops. 4300 Wadsworth Boulevard, Wheat Ridge, Colorado Albert E Anderson, Attorney for the applicant, and Dewey Dutton of 1214 Apple- wood Knolls Drive, applicant and owner of Tops Coffee Shop, were present Mr Anderson explained the change-of-name request and modification plans for the establishment MOTION by t~r Lewman that Tops Coffee Shop's Re- quest to Change Trade Name and Request to Expand, Enlarge or Modify the premises (building to be approximately 3,280 sq ft ) at 4300 Wadsworth Boulevard, be approved, seconded by Mr Donaldson, carried 6-0 (New Trade Name is Gemini Restaurant) Item 9 Decision on firm to audit City's accounts Mr Malone told Council that 10 proposals had been sent out, six received and an additional one would be ready tomorrow (Tuedsday) if Council wished to not make a decision tonight MOTION by Mrs Cavarra that we award the audit to Arthur Young & Company at a total estimated cost of $5,650 This is not the lowest bid but includes (1) out-of-pocket expenses, and (2) additional service (management letter), seconded by Mrs Turner, carried 6-0 Item 10 Application for renewal of 3 2% Beer (Package) Licenses for South- land Corporation, dba 7-Eleven Stores for locations at 5010 Kipling Street and 6595 West 44th Avenue, Ridgeview Supermarket Inc , dba Ridgeview Super Market, located at 9005 West 44th Avenue, Tenneco Oil Company, dba Tenneco Food Store, located at 12700 West 32nd Avenue MOTION by Mr Lewman for approval of renewal of Class J-1 - 32% Beer (Package) Licenses for Southland Corporation, dba 7-Eleven Stores, located at 5010 Kipling Street and 6595 West 44th Avenue, Ridgeview Supermarket, Inc , dba Ridgeview Super Market, located at 9005 West 44th Avenue, and Tenneco Oil Company, dba Tenneco Food Store #15005, located at 12700 West 32nd Avenue", seconded by Mr Pepe, carried 6-0 CITY COUNCIL MINUTES 22 October 1979 Pg -4- MAYOR'S MATTERS Mayor Phill ips called attenti on to two 1 etters from Mr Henry Zarl en go re- garding the opening of Miller Street north of West 41st Avenue This item is to be on the Agenda as soon as documentation is ready Mayor Phillips also reported that the air conditioner is being repaired by the factory personnel COUNCILMEMBERS ' MATTERS Mr Lewman reported (1) that the DRCOG Transportation Plan had not received sufficient votes for adoption, (2) That there will be nine monitoring stations for water quality but none of them are in the northwest quadrant of the metropolitan area Mr Pe~ brought up that there had been discussion this past week regarding the Nautilus equipment voted on last week Mr Bredt stated he had called the Nautilus Company regarding the request for 50% down payment and 50% on delivery and they had stated there would be no problem with the City of Wheat Ridge on our usual program Mr Lambert stated that Council had authorized Nautilus equipment which is somewhat unique There is only one distribution center and that is in Texas, and that it was not necessary under these con- ditions to put the item out for bid MOTION by Mr Pepe to take the item up for reconsideration, seconded by Mr Flasco, failed 3-3 with Mrs Cavarra, Mr Lewman and Mrs Turner voting No, Mrs Cavarra because of City Attorney's recommendation, and this equipment is unique for a program geared to adult muscle toning COUNCIL COMMITTEES AND COMMISSION MATTERS t~OTION by Mr Donaldson to appoint Rose M Roybal, 2707 Sheridan Boulevard, as a representative of District I on the Personnel Commission, seconded by t~r Pepe, carried 6-0 AJOU RNr~ENT The meeting adjourned at 11 00 P m ~ / ? -- ( L? .~(.C(. <-- ../], ..\ {?/;(/I/I l/ / / APPROVED Carol F Hampf, City Clerk CFH, fg ,chj,