HomeMy WebLinkAbout09/13/1982
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
September 13, 1982
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Will Burt, Kent Davis, Clyde E Hobbs Ken
Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk
Carol Hampf, City Treasurer, James Malone, City Attorney, John Hayes, ,
Department Head, Charles Stromberg, staff, and interested citizens
Motion by Mr Burt for approval of the Minutes of August 23, 1982 as
pUblished, seconded by Mr Davis, carried 5 in favor, Mr Hobbs voting
No, and Mr Lewis abstaining since he was not present for that meeting
Failed Motion by Mr Hobbs that the tape of the previous meeting be kept
as a part of the Minutes permanently, seconded by Mr Lewis, failed 3-4
with Councilmembers Davis, Burt, Merkl, and Ore voting No
CITIZENS' RIGHT TO SPEAK
Paul Weller, 10105 W 38th Ave, requested improvements in the way his
fences and road had been placed in the Lena Gulch project
Henry Sipes, Jr , 10850 W 41st Ave, turned in a complaint regarding
Municipal Court and Deputy Judge Danz
Victor Sullisen, 5590 Otis Court, Arvada, stated he felt the handicapped
parking fine was excessive and indicated he felt it should be lowered
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application for a new Class G - Hotel & Restaurant Liquor
License for Karen Watt, Barbara R Fallon, and John D Fallon,
dba Valentino's Restaurant, Inc , located at 10080 West 44th
Avenue
Joseph Donaldson, who took the City survey, was present for questioning
Karen Watt and Barbara Fallon, applicants, and Fred Abernathy and Fred
Karn were present speaking in favor of the application Motion by Mr
Hobbs that the application be approved and that the following have been
met 1) All applications and fees required by statute have been filed
and paid, 2) Notice of hearing and posting of the premises have been
accomplished according to statutory requirements, 3) The applicant is
entitled to occupancy of the premises by virtue of a signed lease dated
June 19, 1981, 4) The Corporate Officers and Directors have been shown
by investigation to be of good moral character, 5) The evidence adduced
at the public hearing on September 13, 1982 establishes that the desires
of the residents of the neighborhood under consideration are for
granting this license, as evidenced by petitions bearing 45 signatures
in favor of issuance, 31 signatures in opposition, and 38 signatures
eVidencing no opinion, and that issuance of this license is consistent
with the needs of the neighborhood under consideration, seconded by Mrs
Ore, carried 7-0
Item 2
Application by John E Byrnes for approval of a Final
Development Plan in the Industrial District on property at
approximately 5000 Oak Street, and is commonly known as
Container Systems (Case No WZ-82-4)
Mr Gidley gave the staff comments Paul Pennock of Zieler-Pennock,
Inc , b751 S Marion, was present representing the owner John Byrnes
He stated that all the requirements of the Final Development Plan had
been met There was no one present in opposition Motion by Mrs Ore
that Case No WZ-82-4, a request for a Final Development Plan on
property located at 5000 Oak Street, be approved for the following
reasons 1) Planning Commission and staff recommend approval 2) All
final plan requirements have been met 3) The fire lane and access
easements have been recorded at the County 4) The plan is consistent
with the approved preliminary plan Seconded by Mr Burt, carried 7-0
CITY COUNCIL MINUTES
September 13, 1982
Page -2-
Item 3
Application by John E Byrnes for approval of a one-lot minor
subdivision, which incl~des the vacation of Oak Street between
W 50th 4venue and the south line of the Colorado and Southern
Railroad, located approximately at 5000 Oak Street (Case No
MS-82-3)
Mr Gidley gave the staff report Mr Pennock again represented the
applicant, John Byrnes There was no one present in opposition Motion
by Mr Hobbs that Case No MS-82-3, a request for a one lot subdivision,
including a street vacation, at 5000 Oak Street be approved for the
following reasons 1) Planning Commission and staff recommends
approval 2) The public right-of-way being vacated is unnecessary to
serve any parcel 3) All platting requirements have been met, and with
the following amendments to the plat 1) That the basis for bearings
be placed on the subdivision plat, 2) the revision be shown in the
survey certificate to reflect the 1973 Colorado Revised Statutes, and
delete "Colorado Revised Statutes, Chapter 51, Article 2 of the 1953, as
amended, 3) the point on the drawing show where the center section is
and that it complies with the 1973 Colorado Revised Statute 38-50-101
Seconded by Mrs Ore, carried 7-0
COMMISSIONS' AND COMMITTEES' MATTERS
Item 4
Resolution No 808 - regarding scheduled changes of RTD bus
service within Wheat Ridge
Paul Gulman, 4315 Ammons, chairman of Mass Transit Committee of Wheat
Ridge, presented the Committee's Resolution to RTD Amended Motion for
the adoption of Resolution 808 as read and also the order of priorities
as Exhibit C, B, A, and send a cover letter with the Resolution stating
that City Council is in concurrence witht he Mass Transit Committee and
that the order of priorities is C, B, 4, and to encourage RTD to adopt
these by priority with a change in Exhibit B that the turnaround be
changed to Sheridan, rather than Wadsworth Request by Mr Lewis to
divide the question into the Resolution and priority Original Motion
by Mr Merkl, seconded by Mr Davis, Amendment by Mr Lewis, seconded by
Mr Hobbs Original Motion on the Resolution carried 7-0 Amendment
carried 4-3 with Councilmembers Burt, Merkl, and Snow voting No The
priorities portion of the motion as amended carried 6-1, with Mrs Snow
voting No
NEW BUSINESS
Item 5
Application for a Change of Corporate Officers for Gentleman's
Food Store, located at 6595 West 44th Avenue, Wheat Ridge
Osama Zeitawi, 101 E 88th Ave, Thornton, applicant, was present
Motion by Mrs Ore to approve the Change of Corporate Officers for
Gentleman's Food Store, located at 6595 West 44th Avenue as follows
Mohammed Zeitawi, President, and Osama Zeitawi, Vice President, for a
Class J-1, 3 2% Beer Retail license, seconded by Mr Hobbs, carried 7-0
Item 6
Resolution No 809 - Approving the use of Sales Tax Increment
Funds generated in the Wadsworth Town Center by the Wheat
Ridge Urban Renewal Authority, approving projects for the
Limited Wadsworth Town Center Project in Project Approval #2,
and authorizing an Intergovernmental Agreement with WRURA to
transfer construction rights and construction easements
Motion by Mr Merkl for the adoption of Resolution 809, seconded by Mrs
Ore, carried 4-3 with Councilmembers Hobbs, Lewis, and Snow voting No
Mrs Snow stated that she was voting No because she was not in favor of
the $120,000 that the budget as proposed was for $70,000, which is
sufficient and we should not be transferring to WRURA the amount brought
about by inflation
CITY COUNCIL MINUTES
September 13, 1982
Page -3-
Item 7
Council Bill 30 - An Ordinance relating to the issuance of an
Industrial Development Revenue Bond under the provisions of
the Colorado City and Municipality Development Revenue Bond
Act, providing for the issuance and sale of City of Wheat
Ridge, Colorado, Industrial Development Revenue Bond (Ridge
Village Shopping Center project) Series 1982 in the principal
amount of $3,750,000 for the purpose of loaning funds to Ridge
Village Partnership to finance improvements relating to the
acquisition, construction and installation of a commercial and
business facility in the City of Wheat Ridge, Colorado,
approving and authorizing the execution of a loan agreement
among the City and Capital Holding Corporation, and
authorizing the preparation and execution of certain related
documents and instruments
Ordinance was introduced on first reading by Mrs Ore, title read by the
Clerk Motion by Mrs Ore that Council Bill 30 be approved on first
reading, ordered published, public hearing be set for Monday, September
27, 1982 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 Mrs Snow stated that she was going to abstain
because her son works for King Soopers On the question of whether or
not Mrs Snow should abstain Mr Davis, Mr Burt, Mr Merkl, Mrs Ore,
and Mr Lewis voted that she should not, Mr Hobbs voted that she
should Vote on the Ordinance was 4 in favor, 2 opposed, Mr Hobbs and
Mr Lewis, and 1 abstention, Mrs Snow
Request for a recess to talk to the City Attorney Motion by Mr Merkl
to direct the City Attorney to look into the possibility of a misconduct
in office by a member of this City Council, namely Mrs Snow, that a
transcript of the previous proceedings be given to the City Attorney and
that if a misconduct in office is determined by the City Attorney, to
have occured, that the proper action, or whatever legal steps are
specified in the State Statutes, be commenced immediately, seconded by
Mr Davis, carried 5-1 with Mr Lewis voting No, stating that he feels
that a lot of people have abstained and there has been no similar vote
Item 8
Consent Agenda
A Motion to correct error on Resolution 807
B Acceptance of deed from Public Service Company of Colorado, in
vicinity of Johnson s Park--for park purposes
C Agreement funding School Crossing Guard Program for current
school year
D Council Bill No 31 on first reading - An Ordinance providing
for approval of rezoning from R-3 and C-l to PCD and approval
of a combined preliminary and final development plan and plat
on land at 9801 W 50th Ave (Case No WZ-82-12, Kipling 5000
Ltd )
E Resolution No 810 - authorizing the City of Wheat Ridge to
enter into an Intergovernmental Agreement with the County of
Jefferson in order to delegate Jefferson County the authority
to act on behalf of the City of Wheat Ridge in the issuance of
qualified mortgage bonds and to transfer to Jefferson County
the allocation of the City of Wheat Ridge, under Section
29-4-805 of Colorado Revised Statutes 1973, as amended, for
the period from October 1, 1982 through December 31, 1982 to
finance mortgage loans to provide more adequate residential
housing facilities for low and middle income families
F Amendment to contract with Heritage Concrete for curb, gutter,
and sidewalk replacement program due to extension of
applications to July 31, 1982
G Added funds - Lena Gulch Schedule II - Lee & Miller
CITY COUNCIL MINUTES
Septe!'llber 13, 1982
Page -4-
Motion by Mr Merkl for the approval of the Consent Agenda Items A
through G as printed with the correction that Council Bill 24 should be
Council Bill 31, and also set the Public Hearing on the Council Bill for
October 11, 1982, and if approved take effect 15 days after final
publication, seconded by Mr Davis, carried 7-0
CITY ATTORNEY'S MATTERS
Mr Hayes stated that regarding last meeting's decision to ask for
declaratory judgement relating to the Danz ruling, that Judge Danz has
now given a written opinion which has been modified and that at this
time he does not believe we should go forward with anything against the
judge
ELECTED OFfICALS' MATTERS
Mrs Ore brought up three memos that had been distributed 1) Cost of
Meals on Wheels, 2) naming of Richards Mansion/Hart Estate, and 3) a
requested street vacation, and asked Council if they were interested in
having those on a future agenda to let her know
Motion by Mr Merkl that Mrs Ore be the voting delegate and Mrs Snow
the alternate for the National League of Cities Conference, seconded by
Mr Burt, carried 6-1 with Mrs Ore voting No
Meeting adjourned at 10 30 p m
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Carol F Hampf, City 0
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