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Home My WebLink About01/24/1974 MINUTES January 24, 1974 Tha two hundred and twenty-eight regular meeting of the Wheat Ridge City Council was callad to order by Mayor Paul B. Abramson at 7 40 p.m at 7390 West 38 Avenue. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robart Howard, Calvin Hulsey, Larry Merkl, and Louise Turner. Also attending were Mayor Paul B. Abramson, Acting City Clerk Connie Settles, City Attorney William McCarthy, staff and interested citizens. Motion by Alderman Donaldson dispensed with, and that they second by Alderman Turner and Hulsey voted "Nay". "I move that the reading of minutes be be approved as printed" Motion was passed 4-2. Alderman Howard and Alderman Charles Beck was present to request Council to reconsider action taken on Case No. WZ-73-lS for Mr. and Mrs. Wayne Selders, property located at 44th and Moore Street. Mr. Beck stated that not all the Councilmen heard the entire testimony because of recent administrative changes. He stated that at the hearing of July 19 the case was officially closed and that the only additional testimony, which they felt was needed, was what was heard two weeks ago in regard to House Bill lS29. Alderman Cavarra stated that Mr. Beck said that the case was officially closed during the July 19 meeting. The minutes of that meeting do not say that the case was closed, but that it was tabled indefinitely. There was no indication that there was any testimony presented Alderman Cavarra stated that she felt the case was heard two weeks ago. Mr. Beck stated that on July 19, the case was tabled pending solution to the problem of house Bill 1529. Two weeks ago the case was closed because of one citizen comment. He stated that they felt that finding a solution to House Bill IS29 was all that was needed. Alderman Turner asked Mr. Beck if he was under the impression that the entire hearing was held on July 19. Mr. Beck stated that he was. Alderman Turner stated that she felt that the case was not heard because of the absence of the State Geologist, and that the hearing two weeks ago was the first hearing before the Council. Mayor Abramson made suggestion to listen to the tapes of the July 19 meeting to see if in fact there was testimony given. Motion by Alderman Turner "I move we listen to the tapes and determine whether or not a hearing was held on July 19 during the Old Business portion of the agenda." Motion was second by Alderman Donaldson. Alderman Cavarra asked if there was no hearing on July 19, what bearing will it have on the hearing of two weeks ago. City Attornev McCarthv stated that it "brings into the balance" additional evidence in aiding Council in determining whether or not full consideration had been given. Motion passed 5-0. Mavor Abramson made formal announcement that Mr. John Jerman has been hired as City Administrator and will take office the week of February II, 1974. Resolution No. 271 partaining to saparate account for Open Space Revenue was introduced by Alderman Hulsey and read. MINUTES - January 24, 1974 - Continued -2- Motion by Alderman Howard "Resolution r~o. 271, introduced by Alderman Hulsey, be adopted." Motion was second by Alderman Donaldson and passed 5-0. Public Hearinq for change of corporate officers for Jennv's Italian Restaurant from Raymond E. Valente and Pasqual Aiello to Raymond E. Valente and Elaine Valente was heard. Albert E. Zarlenqo Jr. was present to represent Mr and Mrs. Raymond E. Valente. Mr. Zarlenqo stated that the request also involves the elimination of stockholder. Prior to this date, the license was in the name of the J and E Corporation with Raymond E. Valente and Pasqual Aiello the sole stockholders. Pasqual Aiello is selling his stock back to the J and E Corporation. Mavor Abramson stated that the file for this application has been examined by City Attornev McCarthv who certified that he has found the change of corporate officers and stock for J and E Corporation, in business as Jenny's Italian Restaurant, to be in proper order. The personal financial statement for Mr. and Mrs. Valente are in the file. Mr. Zarlenqo stated that there are three letters of recommendation per- taining to Mrs. Valente as requested by the City. Mr. McCarthv proposed to the Council, that unless there is something unusual in the file, they should have the public hearing but without going through such procedural formality. He stated that all the statutes re- quire for change of stockholder is that notice be made to the proper authorities. Motion by Alderman Hulsey "I move that Jenny's Italian Restaurant change of corporate officers to Raymond E. Valente and Elaine Valente be approved." Motion was second by Alderman Merkl and passed 5-0. Alderman Hulsev stated that he felt the items under Old Business should be discussed in a study session. He requested that a study session be called after they complete the regular items on the agenda. Chair ruled to have a study session after the regular meeting to discuss items under Old Business. Tapes of July 19 City Council meeting were heard. Mavor that they indicated essentially what the minutes of July that there was no evidence presented from the applicant. based on the decision of House Bill 1529. Abramson stated 19 indicated, Discussion was Mr. Beck stated that there must have been a previous hearing held before July 19. Mayor Abramson stated that they must be confused with the testimony given before the Planning Commission, and that no testimony, except for House Bill 1529, had been presented before the Council. Alderman Howard and Alderman Cavarra both stated that they felt that the applicant was given every opportunity to present all necessary testimony. At the request of r1r. Howard, Mr. McCarthv read Section 29, page IS3 of the zoning ordinance pertaining toreconsideration of zoning applications. Alderman Howard asked what the phrase "substantial change in circumstances" might involve in reference to this case. Mr. McCarthv read his recommen- dations, which were submitted to Council, to reconsider the case. MINUTES - January 24, 1974 - Continued -3- Mayor Abramson read to Council, purpose to reconsider vote which stated that "reconsideration can only be moved by one who voted 'Aye' if the Motion involved was adopted or 'No' if the Motion was lost, or someone W~o did not vote at all " Motion by Alderman Cavarra "Case No WZ-73-15 not be reconsidered." Motion was seconded by Alderman Turner and was defeated by 4-3 vote. Aldermen Howard, Merkl, Hulsey and Mayor Abramson voted "nay." Motion by Mayor Abramson "I move that we reconsider." Motion was seconded by Alderman Turner and passed 4-2 Alderman Cavarra and Alderman Donaldson voted "nay " Alderman Cavarra stated that case should be rescheduled and reposted so the people who expressed opposition may be notified Motion by Alderman Donaldson "I move that reconsideration of Case WZ-73-15 be set for February 14, 1974 - restricted to testimony we did not hear" Moti'Jn was seconded by Alderman Hulsey Mayor Abramson requested Mr. Glen Tavlor to see that the property is posted at City expense Also, that the City Clerk notify people in opposition of the rescheduling. Alderman Howard stated his concern of other applicants that were denied by Council, coming in and requesting rehearings for their cases. Mr. McCarthv stated that any citizen has the opportunity to make any request if he is prepared to offer additional testimony that had not been heard by Council. Motion passed 5-1. Alderman Cavarra voted "nay." Motion by Aldermna Turner "Meeting be adjourned." Motion was seconded by Alderman Hulsey and passed 6-0 Meeting was adjourned at 9 30 P m /1 j I~ i 1 1..../ 11;-<-0' VJf'~-L(AJ,- Connie Settles Acting CitV Clerk APPROVED - f'-' " ~lit;. 1) ) 7'11 J j ,~ ;,x-'~ - / 7