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Home My WebLink About07/27/1981 JU~'L ~2~__~~~~_ :1 l' f Ct 11 elL 11 ~ Lll .) C1Ty OF 'J~-lFI\T n..IDGE, (')[Ju_R~.J)() ._~. --.-...- -.- ~ ~- - - i'118 City COllnCll I' eetlll1 vias convened by tne ilayor at 7 3U f' 1 Louncilmemb2rs present Pat l\iello, !;ill 'lowman, ciar.lJo Cavarra, !',ent Davis, Ken Lewis, Larry ierkl, v~a{ Ore, atlCl Loulse Turner -I.lso present city ClerK, Larol liampi; City Admini:3trator, l'OLl l'aleneL; ci tv Atturney, JOLln hives; Department flea::ls llu'lh 3rown, Charles C;tromDercJ, aud KodJer Young; stafr, anJ interested citizens lr dOWLlan ir Gavis to approve the Minutes ot July 13, carriecl :5-'J l'Jdl; seconC1ecl by ,1otlCJn by Ilt~Al-{ldGo \.)_..J AJ..lLtJ,";E[ VIULA.l lULl!,::> -IF llHl:'J COL) U\lJ,) III -}Jr)l'\ ,_ JI.)l~ IteLl 1 caravan ~est, Inc jba caravan West - ll22l ~est 44th "'venue r L i,arturcl, 1122l Jpst '+<;,tll r,venue, ,itore l'lanaqer, iJonald !~UrUanK, 3J43 Grana,:l Urive, Corporatlon Presinent, anc ~~~al,:::_ Coh_erl;-b-7':>S-c;ast 7Lnu ~venue, Cowner~e City, Attorney, were sworn in 1r 8uroanK gave testiI,lOny "lotion oy ri;rs l'urner tnat since the establishment hall Deen shut do,vn at -thetime of the violation, the natter be dropped and no further action ta><.en by Counci 1; seconded by :vir !)avi s; carri ed 8-u 1 telL1 2 Ola ~rospector's Liquors, Ltd , dba uld Prospector's Liquors, SUl2 Ki~ling Street Allen ~urLlln, 295 .can'] Street, r,akewoocl, r{:indal Scot jelson, )"U Secret Street, volden, Jawes cain, 993U Affilnons Street--;-8rO;;~lfield-;- owner, nlor~las Downs, ':i650 ,i 5lst Place, #llb, employee of 011 Prospector's, -RictlarJ t1O-lCll, 16G3 Soutl1 J~verett, Lakewood, darK l'-Joyer, 4dl9 ;"outh ZanC] Cour-t;--;ra(JJ'OrJ ,"ilson, bU53 /enoll, Les Lohr, l5SU- Leyclen, j)enver, hicl13.rd Keis11 ,-policeOfficer, 7500 iT- 29th -Ave , and ~)vJign~;ric;CJs, Atturl~ey, :5771 "ladsworti1 i3YJ-'ass, "ere sworn in to testify It was ad'li tted oy the defense tnat alconol had been SOlcl to inui viduals under the age of ~l fll'~ re4uest 'Nas t_u consider a period of seven years wi trl no vlolation anc} ask leniencv l!otion oy lr ;"ierkl that clue to the aJmission of gUllt uy Old Prospector's Ltd , dba as Old Prospector's Liquors, 5012 ~ipling, a 3-day suspension beginning at 12 01 a m July JU, and endin'l at 12 OU mianiqht August 1, IJJl ue inVOKed; seconded by drs furner, carried 6-2, wi tn I"lr '\iello and hrs Ore voting No; they felt the lenqtl1 of tne suspension vias too severe for tne CirCUf:1stances PUBLIC tlL:A,n ,Go A,'JD ORDI.JT,lJCT,:" OJ, SiXOND ;~EADING Iteil1 3 Puolic ,jearlng on application by Third Avenue Corporation, dba -"entleuan's Food Store - b595 .Jest 44th Avenue - President 3unail ~l-Kharut; Vice president/Secretary/Treasurer Nimer Al-c3awwab Those sworn in ,{ere Silerrilyn r-lc::;arry, 226<] Ingalls Street, ~dgewater, the city survey person, E~:j;':iJ=d-Benaelow, attorney for the applicant, l421 Court Place, and !~lmer Al-ria,INaD, 466b Hol12, applicant lotion uy nr L)avls to gran-t the-licen.seba:-sed-on all a?plications and reeS- required by statute nave beeD filed and paid notice of hearing and posting of the prel~lises Dave been accomplished according to st"ltutory requirements; applicant is entitled to occupancy of the oremises by virtue of a signed lease dated l/2l/~1; the directors of applicant corporation have Deen snown bv investigation to be of good moral character; the evidence ajduced at cublic hearing on July 27, 19d1, estaolisnes that tne desires of the residents of tne neighborhood under consideration are for ~ranting this license, as evidenced by petitions Dearinq b3 signatures in favor of issuance, 2) signatures in opposition, and l2 si3natures eviderlcing no opinion, and the issuance of this license is consistent wit]l tne need or the neiqhbornood under consideration; seconded by lr ~ie110 carried ~-) LIry COUNCIL 1IclJT~J Tulv2.7,19dl Page -2- Item 4 Council Sill ~o 74 - An Ordinance Kepealin9 and keenactinq Chapter 21A of the Loue of Laws of the City of ~heat Ridge periaininq to the issuance of a permit or Dermits for a Cable I'el(ovision System in the City; setting fortn conditions accompanying tne granting of such permit or perJ~its; oroviding for regulations and use of the Cable relevlsion System; and proviulnq penalties for violations thereof Dan Snields, 14 ParKvJa{ Drive, I:nqlewood, ,Jotln Jenaan, llG)4 'lest 37th Avenue, and James Randall, 9007 l-ody Circle, 8roomfiell, were present to speaK on the urdinance and requested a number of amendments to the Ordinance Motion by Mrs Ore to postpone decision to August 10, 1981 and have cllr Hayes enter recommenued changes seconded oy iVlrs Lavarra carried tJ-J lteEl 5 Council Bill No 72 - An urdinance proviuing for tne approval of rezoning from Residential-Two (R-2) to Restricted Lommercial-One (RC-l) tor land located at approxirnately l2550 and l2590 ,\fest 32nd Avenue, City of dheat Ridge, County of Jefferson, State of Colorado (Case ~o ~Z-81-b, Reynolds and .,inuer) l-I\ppeal from Planning Commission Denial) Ordinance was introduced on second reading title read 1r Stromberg gave the statr report Tnose present and sworn in in favor were the applicants, lIes Winder, l259U West 32nu Avenue, and Patrick Reynolds, 12550 vifest 32nd Avenue 'Those opposed and svwrn in were [',larilyn rlartin, 315U Xenon, Donna Downing, J120 Xenon, A J ~ngland, 3145 Wrignt Court, Barbara Brocklilan, l17l5 west 33rd Place, Dana Bowlin'], l2l21 ~ifest 32nd Drive, anu Cnarles S-tutzIJan, 1252j vJest 29th 1'1r \vinder showed slides of the neighbornood and ~r Reynolds entered a proposed parking plan for his lot A willingness to submit a site plan as a condition to tne zoning was offered Two letters in opposition from w A Blatter, and Jeftrey and Ann Gibbons, were read by Mr England and Mrs Martin hotion cy Mrs Ore to suspend the rules and continue past 11 UO P In ; seconcled Cy r'Jr Bowman; carried (3-0 [,'lotion by Mrs Cavarra that Council Bill 72, a request for a change of zone from R-2 to RC-l with conditions at l2~5u and l2j90 West 32nu ~venue, be denied for the tollowinq reasons Planning CO~TIission unanimously recommenus denial ~nd staff reconwends denial; if rezoned, the potential use could create problems with curb cuts and landscape requirements; the potential use could create parkin'] problems and hazardous parking along 32nd ~venue; the proposed rezoning is not consistent with the Cmnprehensive Plan; there is no evidence that conditions have chanqed since the adoption of said Plan; and the rezoning \"Z-30-32 vihich was referred to by the applicants as a lo-c situated adjacent to intense cornJnercial zoning on tne west side The ,IZ-dO-32 property can serve as a buffer to contlllUing cOE1mercial zoninq; strong opposition from the neighbornood indicates a concern for traffic congestion and for settinq a precedent for future strip corrrrc1ercial zoninq in the area; seconded by tlr Bowman; carried 6-2, Nith lr Lewis and Mr Aiello voting '~o for the reasons tnat tne publication, posting and title of the petiti~n did not show that this was with conditions and that the property has been more affected in the last two or three years than in the past because of the expansion of the Applewood Shopping Center ltem 6 OiWINAdCE,S ON FIRS'r READIL~G Council Bill 78 - An Ordinance estaolishing the salary for the elected positions of Mayor, Members of City Council, City Clerk, and City Treasurer of the City of ,fueat Ridge during tne term of Office commencing c<ovember 9, 1981, and ending 00vember 14, 1~83; repealing Ordinances 353, 354, 355, and 356 and providinq for an automatic repeal and termination of this ordinance Council Bill was introduced by rlrs Ore, the title read by tne Llerk Hotion by I'irs Ore that Council Bill No 78 be approveu on first reading, ordered published, public hearing be set for Monday, Auqust lO, 19d1 at 7 30 P m in City Council Chambers ,1unicipal Building; seconded oy Mrs Cavarra; carried H-O ~ith the request that at the time of a public hearing there be recommendation as to the rreasurer's responsibilities and salary CITY COUNCIL MINUTeS July 27, 1981 Page -3- Itew 7 Council Hill ~o DO - An Ordinance providing for the aporoval of rezoning from Restricted COI:unercial (R-L) to Residential-Two (R-2) on land located at 4365 feller dtreet, City of Wheat Ridge, County of Jefferson, State of Colorado (case No ,u~-8l-l4, Sadar) Council Bill No 80 was introduced by Mr 1erkl, title read by tne ClerK ~'jotion by 'lr r1er"kl tnat Council Bill '30 be approved on first reading, ordered puolished, puolic hearing be set for t'ionday, August 24, 1981 at 7 30 P m in City Council Cnambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconued by Mr Lewis; carried 8-0 Item d Council Bill No 7~ - An Ordinance amendlng Sections l6, 17, 18, 19, and 27 2 of Appendix A, ~oning Ordinance of the Code of the City of ,meat Ridge, Colorado, w:,ich pertain to Landscaping Council Hill 79 was introduced on first reading by Mr Davis, title read by tne Cler~ Motion by Mr Davis that Council Gill 79 De approved on first reading, ordered published, public hearing be set for I'1onday, August 24, 1981 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconded by 1r Aiello; carried 6-2 witn Mrs Cavarra and Mrs Turner votlng No Item 9 Council Bill No Gl - An Ordinance vacating a certain part of a street located within the City of \'vheat Ridge, Colorado, as more fully described herein Council !Jill No dl was introduced on first reading by L'lr BOWI:lan, title read oy the Clerk ivlotlon by !;/Ir Bowman that Council Bill f3l be approved OIl first reading, ordered published, public hearing be set for !10nday, August 24, 1981 at 7 30 P m in City Counci 1 Chambers, flunicipal 8uilding, and if approved on second reading, take effect 10 days after final publication with the addition that the title be changed to include the location of the street vacation; seconded by rlrs Ore; carried 8-0 Item lO Louncil Hill No 82 - An Ordinance amending Section 27 of Appendix A, qegulations applicable to all districts; Section 28 of Appendix A, Definitions; and Section 25 of Appendix A - !\Ionconforrning Lots, Uses and Structures of the Code of the City of ,fueat Ridge, Colorado, which relates to the fencing of Swimming Pools Council Blll 1\0 i32 was introduced on first reading bv ['irs Turner; title read by the Clerk Discussion as to possible amendments and the need for the Ordinance ~otion by Mrs Turner that Council Bill 82 be passed on first reading and if approved on first reading be ordered PUblished, public hearing be set for t'londay, August 24, 1981, City Counci 1 Chambers, 1'1unicipal Building, and if approved on second reading, take effect l5 days after final publication; seconded by Mrs Cavarra; carried 5-3 with Councilmembers ~iello, J)avis, and Ore voting No DECISIONS, RESOLUTIOL~3, Al~D ~'lOTIONS Item 11 Motion by Mr Merkl to authorize the Mayor to sign Amendment to Agreement for Enclineering Services during construction of Lena Gulch Improvements, Schedule I ~qreement No 80-6 78; seconded by 1'ir Bowman; carried 7-1, witn Mr Lewis voting No Item l2 Resolution No 736 - ~stablishing a Task Force to make recommendations as to development/restoration and future use of Hart Fstate Motion by Mrs Cavarra to adopt Resolution 736 witn the amendment tnat the task force be established for the Richard Mansion and that the City laove forward immediately on tne development of the Park CITY COUNLIL MI~UTES 27 July, 1981 rage -4- Set Public Hearing area of I-mile for 4509 darlan Street date of August 24 and neiqhborhood survey an applicatlon by Buchanan's Wine List, Class D - Retail Liquor Store License Item 13 Mr Davis requested to abstain Slnce tne requested license is on nis property approved oy Council ~lotion by f'lr lvlerkl to set puolic hearinq date of August 24. 1931 and neighborhood survey area of I-mile for an application by Bucnanan's ~ine List. 4509 Harlan Street Class n - Retail Liquor Store License; seconjed by Mrs Ore carried 7 in favor and 1 abstention Motion by ~rs Cavarra to adjourn; seconded by Mrs Turner; Failed 2-6 with Mrs Cavarra and Mrs Turner voting yes COUNCILNJ:::fvL8ERS' t,lATTGl<.S Mr Merkl, Council President, brought up that Edgewater would like to have a joint meeting with the City Council of wheat Ridge to discuss and award the bid for 26tn Avenue; the date was requested to be August 17, 1931, with this being the only agenda item Council approved this suggestion Motion by Mrs Cavarra to hold an Executive Session and then adjourn; seconded by Mr Aiello; carried 8-0 EXECUTIVE SESSIOl\[ IvAS FIELD Meeting adjourned at l2 30 a m ~;4(~_~f/c~~~J _. Carol F Hampf, City r.- CFH; chj; APPROVt;;D