Loading...
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 1 .- ~ / ,/ (. f:<:/.,-tI v/ . . /(--i(~__. Carol F Hampf, City 0 CFH, chj,