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Home My WebLink About01/26/1981 .;JJ;,NQll~Y__~ 6 , _J-J_~_~ GIEY LUUNCIL MINUTE~ c:~fX:__ () r'-__T~-~]';2f_~JP!2~. ~_ _~O T::,g_R/-I.I)Q l'he Lity Council l'\ec:ting v,as convened by the i'1ayor at 7 30 p m Counc~lmembers present Pat Aiello, Bill Bowman, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Eurner Also present City clerK, Larol iiampt; City Attorney, JOhn !layes; Department lleads Hugh BrOl,yn, and Richard dredt; staft; and interested citizens 110tion by i'lr. Davis to approve the ~1inutes of January 19, 1981; seconoed oy i'1r Bowma-n~i--carried 7-0 DE C]:?_I ON ~_LJ~t~SU L U';:'LQ~~! _A~l ~2Q'.I' I OJ~t:> Item 1 ~otion to approve the Transfer of Ownership tor Kipling Self Service, located at 4075 Kipling Street, Class J - 3 2% Beer Retail License, to Cong Chu and Pham Hoa Chu cong LhU, 518j Gray ~treet, applicant, and Leo Crottj-', Remax Eealtors, wer-e--present to testify Motion by r1r Bowmantopostpone the hearinq until rebruary 9,1981 to have Mrs Chu-p-resent as 'Nell; seconded by l1r Merkl 0r Hayes reported that if Council wished they could either continue the case or it would be proper to conclude it this evening since as a husband and wife owning the license is consioered as sole proprietor Motion Failed 2-5, with Councilmembers Davis, Lewis, Aiello, Ore, and Turner, votinq No ~otion by Mr Aiello to approve the Transfer of Ownership for Kipling Self Service,-TQcatedat 4075 Kipling Street, Class J -3 2% Beer Retail License, to Cong Chu and Pham Boa Chu, who reside at 5185 Gray Street; seconded by Mr Lewis; carried 5-2, with Mr Merkl and 1r Bowman voting No Item 2 Motion to authorize $l,OUO contingency for materials and supplies as necessary for Show vagon construction by City crews It was explained that the Show ~agon was for the joint use of the City and the Chamber of Commerce Also explained that there would probably be insufticent funds at this time for the purchase of a public address system, that it was planned to rent this as needed Motion by Mrs Ore that we authorize the sum of ;;l,UUO as a contingency amount for---- materials and supplies necessary in constructing the Show Wagon by City crews, that the City Administrator is authorized to transfer up to $l,OOU from Account 01-b07-795 into Account 01-603-799 for this purpose; seconded by Mr Merkl; carried 7-0 clfY AfTOhNEY'::, MA~~ERS i\1r Hayes asked Louncil to review the Section on Rules for Public Hearings from the Planning Commission bylaws and discuss this at a future study session for possible revision of City Council Rules COUNCILME1B~H~' MAETEES Mr Lewis reminded the Street Committee of their meeting Wednesday evening, the 28th of January, 1981 Motion by Mr Merkl to waive tne Council Rules and Procedures, specificalTy-A:rticle 24 (as regards motions on items not listed on the Agenda); seconded by 1rs Ore; carried 5 in favor; Mr Lewis voting No, Mr Davis abstaining Motion by Mr Herkl to remove Council Bill 47 from the raDle and that a Public Hearing be set for February 23, 1981, and that it be advertised as such; seconded by Mrs ure; carried 6-1, with 1r Davis abstaining as he has in the past when the urdinance on elderly housin~ is being discussed !~owman stated that he felt Item 3 had been thoroughly discussed at several budget hearings and therefore, if it was discussed at this time, would be going against Louncil's own direction and moved for adjournment; seconded by Mrs Ure; carried 4-3, with Councilmembers Aiello, Merkl, and Lewis voting No Meeting adjourned at 8 05 P m @df22~:rZ::;- u__ Carol F dampf, Ci lerK APPROVED cI~;~"QB-l~'{_ 1 ~ .!__b_~~l_ cli'Y CUUiJLIL iHNU'.I'~::, f_l'~~_ 9L_'i:lf:,'2'l~ RI 1~C;~J___c:(2f::Q.kl'Q~ i'he City Council Meeting was convened by the Mayor at 7 30 p.m Councilmembers present Pat Aiello, dill Bowman, 1arv Jo Cavarra, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise i'urner Also present City Llerk, Carol Hampf; Lity Treasurer, Jim Malone; City Administrator, rom Palmer; Lity Attorney, John Hayes; DefJartment lieads Hugh drown, and Lharles Stromberq; staff, and interested citizens Notion by ~!~~~__9re for the approval ot the lVlinutes of January 12, 1981, with the correction on page 2, end of first paragraph, change the word "motor" to "mobile"; seconded by ['lr Davis; carried 7-1, "Ir ~)owman abstaining, since he was absent at the previous meetin0 ~'2Il1__Ga_~~~r, President of Jaycees, presented the "Ufficer of the ,!uarter" Plaque to 0_t:__~~'le~s, Animal Control dayor" Stites presented a plague honoring retirin(] reserve officer ~~J:' ~_~ng_E:;~' who has been with the Police Department since October of 1971 Mayor Stites administered the Oath of Office to newly appointed and reappointed members of Board of Adjustment; Hobert Blair, Hoy Griffith, i1ike Boorman, and Jerry Sang; and Plann-ing C-OlTI,111ssTon; ,ViII ~u_~t: ~-and CalvlnJohnson ---------- PUBLIC HEARINGb A~D ORDINANC~S ON bECOND HEADING Item 1 Application for a new Llass D - Retail Liquor Store License tor Down Stairs Liquors, Inc , dba Down Stairs Liquors, located at 10258-bO J'iest 44th Avenue, in dheat Ridqe Bob Mendel, and Bruce McLellan, were representing the applicant, Hoger ]) ,velch ,--10260 ~J-44th-Ave-;-\~heat Ridge 'l'hey called to give testimony Gladys Atchison, 4570 Hoyt Street, David "agner, 9630 vlest 38th Ave ,~~be~__ReTfel, -4275 Hoyt St , J~~~LStoll;-4265Iris, _Qa~ Eaber, 4264 Hoyt Cit , j,lrs .Iagner, '::1630 vJest 38th Ave, r<obert Kirk, ifu'::IO-Uelson, and '-1ax J-- Scott, Oedipus, Inc , who conducte-;r-a--survey for the appl ican t p-e-t ltions and survey \'lere entered in to the record Petition packets numbered I - b as Applicant's Exhibit A, and the report as Applicant's ~xhibit 8 Jack Chavez, owner of prk-N-Pik Liquors, and Jim Dover, attorney representing Dwalne Helms of Jolly Jack Liquors, spokel-i1-opposition r'lotion by rlr Aiello that we qrant the license trom application for a new Class:D-~-Retall Liquor ~tore License - for Down Stairs Liquors, Inc , dba Down Stairs Liquors, located at 10258-6U West 44th Avenue, vheat Ridge, for the following reasons All applications and fees required by statute have been filed and paid; notice of hearing and posting of the premises have been accomplished according to statutory requirements; applicant is entitled to occupancy of the premises by virtue ot a signed lease dated l<ovember 19, 1980; the Olrectors of applicant corporation/the applicant/ and the manager for applicant have been shown by investigation to be of good moral character; the evidence adduced at public hearing on this day, January 19, 1981, establishes that the desires of the residents of the neighborhood under consideration are for grantinq this license, as evidenced by petitions bearing 437 signatures in favor of issuance, 91 signatures in opposition and 125 si)natures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration; seconded by Mr MerKl; Failed 4-4, wi th Counc ilmc,mbers Bowman, cavarra, Ore, and Turner voting i<O Councilmembers' Cavarra, Ore, and Turner's reasons for voting No, were, toere are 3 existing liquor outlets in the I-Mile-Radius, most witnesses who spoke in favor of the applicant would have to pass at least one outlet to reach the proposed establishment, applicants did not present clear evidence that the needs and the desires of the nei)hborhood were Clry COUNCIL MINUTES January 19, 1981 Page -2- being met in terms of 1) improved ingress and egress over otl r cutlets, 2) improved parking situation as related to other existing outlets, 3) ability to provide a greater variety of stock in location approximately 30x3U square feet, 4) methodology of survey, which treated those who did not wish to sign the petition differently fro~ those who did sign it in tavor, clouds the results which showed 87% in favor, the applicant did not have knowledge as to the availability of beer kegs, which was a reason given to support the claim that the needs and the desires of the neighborhood were not being met Mrs Turner stating in addition that in view ot the enormous number of items which might be requested, the temporary absence of a selected item or selected size of items does not constitute a need, and this relative to other outlets close by Item 2 Council Bill No 52 - An Ordinance repealing and reenacting Section 29 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to the time in which to resubmit previously denied application Council Bill 52 was introduced on second reading by Mrs Ore, title read by the Clerk 'lotion by !,:!~~re for the adoption of Council Bill 52 (Ordinance 437) on second reading and order it published; seconded by Mr Bowman; carried 7-1, Mr Lewis voting NO Failed Motion by Mr Lewis to strike the words "or a court of record, whichever is later" from the last sentence of the first paragraph Seconded by Mr Aiello, Failed 2-6, with Councilmembers Bowman, Cavarra, Davis, Merkl, Ore, and I'urner voting No Item 3 Council Bill No 53 - An Ordinance providing for the approval of rezoning trom Agricultural-Two (A-2) and Industrial (I) to Industrial (I), and approval of a Preliminary Development Plan on land located at approximately 12200 w 52nd Avenue, City of wheat Ridge, County of Jefferson, State of Colorado (Case vVZ-80-29 ) Council Bill 53 was introduced on second reading by Mr Aiello, title read by the Clerk Applicants John Duke, Bill Grebe, Joe Harden, and Ed dasti~9-~ were present as well astheir engineer ~red Ladd, - who presented the applicants' case Motion by 1r Aiello that Council Bill 53 (Ordinance 438) be approved Ivith the condition that no building permit Shall be issued until adequate water service can be made available The reasons for the approval are as follows The request is in conformance with the Comprehensive Develop~ent Plan; Planning Commission recommends approval; the request is compatible with surrounding land uses and zoning; seconded by Mr Lewis; carried 7-1, with Mrs Turner voting No Motion by Mr Aiello to suspend Council Rules and Procedures if we run past the 11 00 o'clock time; seconded by Mrs Ore; carried 8-0 Item 4 Council Sill No 54 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial One (RC-l) with conditions for land located at approximately 12600 ,;rest 32nd Avenue, City of ~'Iheat Ridge, County of Jefferson, State of Colorado (Case No WZ-80-32) Council Bill 54 was introduced on second reading by Mrs Ore; title read by the Clerk Mr Stromberg reported that in this case Planning Commission recommends approval with conditions, and staff is recommendin:l denial Applicants V'JilL_Hardesty, 3315 f1oore, ann l.'om Elliott, l3~20 vest 7th Ave , were present Also present were Les- -Stryke~, 2045 Rosewood Drive, Pat Reynol~, 12550 West 32nd Ave ----;- and lIes Winder, 12590 W 32nd Ave , to testify if needed Mr Hardesty gave the applicants' case Amended Motion to approve Council Bill 54 (Ordinance 439), Case No WZ-80-32, a change of zone from Residential fwo to Restricted Commercial-One on property located at l2600 dest 32no Avenue be approved for the following reasons There is a definite change in the neighborhood, the neighbors in the area are in favor of the rezoning; Planning Com~ission recommends approval with the following conditions; CITY COUNLIL MINUTES January 19, 1981 Page -3- restrict the zoning to the following uses A Business and protessional offices, or medical ann dental clinics as listed below Real estate broker Insurance broker Stocks and bonds brOKer Law office ~rchitect's office and Other similar uses d Living quarters for not more than one family in a building that lS not a dwelling Original Motion by Hrs Ore; seconded by !VIr Aiello Amendment to delete that "no curb cut be alloweJ on 32nd Avenue" by ~lr ~1erkl; seconded by Mr Lewis Amendment carried 5-3 with Councilmembers Aiello, Davis, and Turner voting No Mr Aiello stating that Planning Lommission felt that there should be no curb cuts on 32nd Ave Motion as amended carried 5-3, with Councilmembers Cavarra, Davis, and Turner voting No Mrs Turner stating that this is encroachment into kesidential area; is transitional zone, and once this rezoning is granted, is no longer transitional, but is a commercial zone, with no assurance that it will not be rezoned later to C-l; it encourages expansion of strip commercial; staff recommended against this rezoning; current uses of residential and home occupation are suitable for the present zoning and the zoning is suitable for that use so that it can act as a buffer ~1rs Cavarra voting No, because of the conclusions and recommendations of staff dated 12/4/80 Failed Amendment by Mr Lewis that because of the size of the lot the restrictions be removed and it be zoned RC-l Motion died for lack of a second DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Resolution No 72e - A Resolution authorizing ~ayor to execute agreements with the Jefferson County Commissioners which contain conditions obligating the City of wheat Ridge to keep and maintain properties purchased with Open Space funds for authorized Open Space purposes, and providing for a reversion of title to Jefferson County in the event any such properties are not so kept and maintained ~otion by Mr Aiello to adopt Resolution 728; seconded by Mrs Ore; carried 8-0--------- Meeting adjourned by vote of 7-1 at 11 50 P m c;=~~~~~~7 _____ Carol F Ham~, ity e CFH; chj; Approved