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HomeMy WebLinkAbout03/23/1981 harch 2~. 19b1 CUY COUNCIL I'dNUT1S CITY OF WH~AT hIDG~ The City Council Meeting was convened by the Mayor at 7 30 p m Councilmembers present Pat Aiello, till bowman, Mary Jo Cavarra, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Turner Also present City Clerk, Carol Hampf, City Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads Hugh brown, and Charles Stromberg, staff, and interested citizens Motion oy Mr Lewis for the approval of the Minutes of March 9, corrected (Item b was 6-2, Mr vavis and Mr Lewis voting No), by Mr Bowman, carried b-O 1901, as seconded fRUCLAhATION bY Th~ MAYO~ declaring 9 Health Fair Week April 4-12, 1961 PUbLIC COMMENT Lillian Fleming, 6363 h 29th Ave was present, speaking in favor of Park at 29th & Newland Jhe reported that an item had been brought up at the Planning Commission Public Hearing on Thursday night Mayor Stites ruled that since this item would be coming as a Public Hearing to Planning Commission, it was not proper to be discussed at this time PUbLIC H~ARINGS AND ORDINANC~S ON SECOND H~ADING Item 1. Application for a new Class J-1 - 3 2% beer Retail License for Bold Petroleum, Inc , dba Gas Rite Station & Convenience Store, 3050 Youngfield St , Wheat Ridge Jack Levine, 1777 S Harrison, Attorney, was present representing the applicants The applicants were L D Ochs, 2410 Hill Circle, Vice President of Bold Petroleum, and R A Martensen, #1 Skyline Drive, Vice ~resident and General Manager for Denver Bold Petroleum Also present were Max Scott, boulder, Colorado, Janice Zimmerman, 4014 Parfet, (Store manager), Marie C Klarner, 4610 Teller, Sonja rlorentin, 3510 Bolland Gt , John R Florentin, 3510 Holland Ct , RicK Green, 3767 E 116th, Charles S Adams, 13700 Crabapple Rd Karen Zimmerman, 10689 W 36th Ave, Tim ~immerman, 10689 W 38th Ave, William Kidd, 4831 Harlan, and Ueboran Martensen, 4831 Harlan All were sworn in by the Mayor Items 1 - 27 were introduced by the applicants They were No 1 an aerial photo, 2 & 3 color photos of the building, No 4 floor plan, ho 5 Rules and Regulations pertaining to the sale of beer, b & 7 letters regarding tneir licenses in Colorado Springs and Golden, b State Highway maps, (traffic count) Y list of the store inventory, 10 - 18 in-store petitions circulated by employees, 19 the store manager's resume, 20 survey summary done by Oedipus, Inc , and 21-27 petitions done by Oedipus, Inc There was no one present in opposition Motion by Mr Davis that the application for a new Class J-1 -3 2% beer Retail License for Bold Petroleum, Inc , dba Gas Rite Station & Convenience Store, 3050 Youngfield Street, Wheat Ridge, be approved for the following reasons 1) All applications and fees required by the statute have been filed and paid, 2) notice of hearing and posting of premises have been accomplished according to statutory requirements, 3) applicant is entitled to occupancy of the premises by virtue of a signed lease dated April 1, 19bO, 4) the directors of applicant corporation, the applicant, and the manager for applicant, have been shown by investigation to be of good moral character, 5) the evidence aduced at public hearing on 3/23/81 establishes that the desires of tne residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 343 signatures in favor of this issuance, 122 signatures in opposition, and 20 signatures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighboorhood under consideration; seconded by Mrs Ore, carried 8-0 ltem 2. Council bill 59 - An Ordinance amending Sections 2 4 and 4 2 of Appendix b, Flood Plain Zoning Ordinance of the Code of the City of ~heat Ridge, Colorado, which amendment relates to the Official rlood Plain Map Ordinance was introduced on second reading by Mrs Cavarra and the title read by the Clerk Motion by Mrs Cavarra that Council bill 59 (Urdinance 445) be approved on second reading and ordered published, lIlY COUhCIL MINUTES Haren 23,1901 Page -2- seconded by Mr Bowman, carried 0-0 Motion by Mrs Cavarra that further recommendation be that the revised Official flood Plain Map be approved It is further moved that the Mayor be authorized to submit a request to the Department of Housing and Urban Development, Federal ~mergency Management A~ency, and to conduct all business necessary to revise the Flood hazard Boundary and Flood Insurance Rate Maps h & I, 01-04 which pertain to the above related actions, seconded by Mr Bowman, carried 0-0 It was requested that Urban Drainage and Flood Control District be asked to notify all property owners that have nOH been brought into the flood plain Item ~. Council Bill 60 - An ordinance providing for the approval of rezoning from Agricultural-One (A-1), Agricultural-Two (A-2), and Residential-One (R-1) to Residential-Two (R-2) for land located at approximately 11305 W 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WL-80-35) (Apple Ridge, Inc) (Appeal from Planning Commission Denial) Council Bill No 60 was introduced on second reading by Mr Aiello Motion by Mr Aiello to continue the Public Hearing until April 20, 1901, seconded by Hrs Turner; Motion Failed 2-6, with Councilmembers Merkl, Bowman, Cavarra, Davis, Lewis, and Ore, voting No Motion by Mr Lewis to continue the hearing until April 13, 1901 and place it last on the second reading agenda, seconded by Hr Herkl, carried 7-1, with Hrs Cavarra voting No Item ~ Application by Henry Zarlengo for approval of a Dumping Permit on property located at approximately 4151 Kipling Street, Wheat Ridge Colorado (Case No DP-01-1) Motion by Mr Lewis to Table the matter indefinitely at the applicant's request, seconded by Mr Davis, carried 0-0 ORDINANCES ON FIRST REAvING Council Bill 64 - An c,ection 1Cl-j1 of the relating to salaries service Council Bill 64 was introduced by Mrs Ore, title read by the Clerk Motion by Mrs Ore that Council Bill 64 be approved on first reading, ordered published, public hearing be set for /'Jonday, April 13, 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 Mr Merkl; carried 0-0 Item 5. Ordinance repealing and reenacting Code of Laws of the City of Wheat Ridge to be paid to members of the classified Item b. Council Bill 65 - An Ordinance amending Section 12-2 Model Traffic lode -- Amendments, Additions, Modifications and Deletions, of the Code of Laws of the City of Wheat Ridge by repealing Ordinance No 436 previously enacted by the City Council of the City of Wheat Ridge, and by adding to Section 12-2 Amendments to Section 12-3, Parking Privilege for the Handicapped of "THE MuD~L TRAFFIC CODE FOR COLORADO MUNI- CIPALITIES", 1977 Edition, previously enacted by the City of Wheat Ridge, and providing a penalty for violation Council Bill 65 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 65 be approved on first reading, ordered published, pUblic hearing be set for [vlonday, April 13,1981, at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by l-lrs Ore, carried 7-1, hr Lewis voting No Item 7. Council bill 66 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Planned Residential Development (PRD), Approval ot a Preliminary Development Plan, and Plat tor land located at approximately 4200 Owens Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-oO-33) (Golden Eagle Builders, Inc ) Council bill 66 was introduced by Mr Bowman; title read by the Clerk Motion by hr Bowman that Council Bill 6b be approved on first reading, ordered puolished, public hearing be set for Honday, April 27, 19(j1, at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Aiello; carried 0-0 Cll1 COUNCIL ~I~UTES March 23, 1981 Page -3- Item o. Council bill b7 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial (RC) for land located at approximately 3470 Wadsworth Blvd City of Wheat Ridge, County of Jefferson, State of Colorado (Case No ~L-80-16) (Foxfire II Investments, Inc ) Council bill 67 was introduced by Mr Davis, title read by the Clerk ~otion by Mr Davis that Council Bill 67 be approved on first reading, ordered published, pUblic hearing set for Monday, April 27, 1901, 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 Mrs Ore, carried 5-3 with Councilmembers Merkl, Cavarra, and Turner voting No, Mrs Turner stating her vote was upholding decision of the Planning Comm DECISIONS. RE~OLGTIONS. AND MOTIONS ltem 9. Resolution No 731 - Agreeing to issue Industrial Development Revenue Bonds to finance a project for Marquette Properties, Ltd Present to discuss the project for which bonds were being requested were James Sullivan, 1624 Market Street, President of Marquette, Robert Backus, 1600 Western Fedl Bldg, Attorney and Bond Counsel, Ed Barad, 1720 S bellaire, Attorney for Sullivan & Company, Howard Gerelick, 65 S Tejon, Director of Real Estate for King Soopers, and Mike Seeley, 13 Lakewood Heights Drive, of the First Bank of Wheat Ridge, financial representative for Marquette Motion by Mr Aiello that the inducement resolution (No 731) for the King Soopers development in the NorthWest commercial node of 38th and Sheridan be approved for industrial revenue bonds based on the stipulation that the applicant will apply for rezoning of the total site, with the approval of the attached site plan as a condition The Mayor is hereby authorized to sign the Memorandum of Agreement, seconded by Mrs Ore, carried 6-2, with Mr Lewis and Mrs Turner voting No Mrs Turner stating that this was a desirable project, but she felt that other financing would be available, rather than the industrial revenue bonds, which are a subsidy Mrs Cavarra stated that she had previously given her concept of revenue bonds, but felt that in this case it was for the public good and therefore would vote yes Item 10. Consent Agenda A Amendment to Rule 6 of Personnel Rules and Regulations B Amendment to Rule 0 of Personnel Rules and Regulations C Amendment to Rule 28 of Personnel Rules and Regulations D Award of bid for Traffic Signal Blanks E Award of Bid for Street Sign Marking Materials Motion by Mr Merkl that the Consent Agenda be approved as printed; seconded by Mrs Ore; carried 6-2, with Mr Lewis and Mrs Turner voting No Mrs Turner stated she was voting No because she would have preferred to have some items taken out and discussed CITY ATTORNEY'S MATTERS Item 11. Motion by Mr Aiello to hold an Executive Session per Charter 5 7 b (Litigation), seconded by Mrs Ore, carried 8-0 COUNCILMEMBE~S MATTERS Mr. Aiello said he had spoken with Mrs Allison, Mayor of Edgewater, and they appeared to have some money left over from a flood control project they were doing and would like to meet with Wheat Ridge regarding some possible park property in the vicinity of 29th & Harlan Mr Palmer will make arrangements for Wheat Ridge and Edgewater Park & Recreation rnmmittpp~ to mppt Mrs Turner was concerned about not being able to have items removed from the consent agenda so they could be discussed, and specifically stated her objections to the item which had determined salaries for city employees would no longer be established by ordinance Mr Stites asked that policy be worked up concerning the consent agenda ~xecutlve ~eSSlon was held 10 30 p m 7 APPRuVED