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HomeMy WebLinkAbout11/11/1985 NOVEMBER 11, 1985 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council meeting was called to order by the Mayor at 6 30 P m Councjlmembers present Larry Herkl, Doris Ibbison, Kent Davis, Anthony Flasco, Randy West, Rodney Johnson, Moe Keller, and Claudia Worth Also present City Administrator, Tom Palmer City Attorney, John Hayes; City Clerk, Wanda Sang; Cjty Treasurer, James Malone; Wheat Ridge Munjcipal Judge, Anthony Zarlengo; Department Heads; Staff; and interested citizens The Honorable Judge Zarlengo administered the Oath of Office to Mayor, Frank Stites; City Treasurer, James Malone; City Clerk, Wanda Sang; City Councilmembers, Larry Merkl, Doris Ibbison, Kent Davis, Anthony Flasco, Randy West, Rodney Johnson, Moe Keller, and Claudia Worth Mayor Frank Stites presented plaques to former Councjlmembers Nancy Snow and Dan Wilde Clyde Hobbs was not present to accept hj,s Item 1 Election of Mayor pro tem Motion by Mr Flasco to elect Larry Merkl to the position of Mayor pro tem; seconded by Mr Davis; carried 7-1 with Mr West voting No Item 2 Election of Council Presjdent Motion by Mr Merkl to elect Kent Davis to the position of Council President; seconded by Mr Merkl; carried 7-1 with Mr West votjng No Item 3 Appointment of one Councilmember to CML Policy Committee Motion by Mr seconded by Mr Flasco to elect Larry Merkl to the CML Policy Committee; Davis; carrjed 8-0 Item 4 Motion to allow Wheat Ridge CML Policy Committee member to go to Seattle for the National League of Cities Conventjon Motion by Mr Flasco to allow Larry Merkl a second out of town trip In order to attend the CML Policy Committee National League of Cities Convention in Seattle; seconded by Mr West; carried 8-0 Meeting adjourryed at 6 50 P m 9J an-4- erk APPROVED BY COUNCIL ON NOVEMBER 18, 1985 BY A VOTE OF ~~ TO ~ ~/::I /1:L~ K nt Davis, Councjl President October 28, 1985 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at 7 45 P m. Counci1members present Kent Davis, Tony Flasco, Larry Merkl, Clyde E Hobbs, Moe Keller, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; Chief of Police, Howard Jaquay; staff; and interested citizens APPROVAL OF MINUTES of October 14, 1985 Motion by Mr seconded by Mr Merkl for the approval of the Minutes of 10/14/85; Wilde; carried 8-0 CITIZENS' RIGHTS TO SPEAK Martha Shacklett, 3592 Simms Street, read a letter to Council concerning positive and negative attitudes by Council & citizens Charles F Jones, 4560 Allison Street, addressed his concerns about the widening and narrowing of 44th Avenue; also the existing location of traffic light at 44th & Ammons LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class J-l - 3 2% Beer Retail License for National Convenience Stores Incorporated, dba Shop N Go Market, located at 9999 W 38th Avenue, Wheat Ridge, Colorado Richard Hoying, 11884 W 58th Drive, representing applicant, was present and sworn in by the Mayor He asked Council to postpone this item until November 25, 1985, so that his company can conduct their own survey Motion by Mrs Snow to postpone until November 25, 1985; seconded by Mr West; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 211 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) to Residential-One-C (R-IC) on land located at approximately 4650 Parfet and 465l Oak Street, City of Wheat Ridge, County of Jefferson, Colorado Council Bill 211 was introduced on second reading by Mrs Snow; title read by the Clerk; Ordi nance No 640 assigned Present and sworn i,n by the Mayor was Claudia Worth, 4650 Oak Street, thanked Council for settlement Motion by Mrs Snow for the adoption of Ordinance 640; seconded by Mr. West; carried 8-0 CITY COUNCIL MINUTES Item 3 October 28, 1985 Page -2- Council Bill 212 - An Ordinance concerning Water Rights to, and the use of, Water from the Dawson, Denver, Arapahoe, and Laramie - Fox Hill Aquifer requiring deeded water rights in connection with water service changes regulating well construction Motion by Mr meet Federal weeks before Item 4 Merkl to postpone until November 25, 1985 so Ordinance can regulations; that this item be published for 3 consecutive public hearing; seconded by Mr Davis; carried 8-0 Council Bill 213 - An Ordinance amending Appendix A of the Code of Laws of the City of Wheat Ridge by adding a Section 30 1, opportunity for neighborhood input required Council Bill 213 was introduced by Mrs Keller on second reading; title read by the Clerk; Ordinance No 641 assigned Martha Shacklett, 3592 Simms Street, was sworn in by the stated she feels this is a good and positive Ordinance Keller for the adoption of Ordinance 641 seconded by Mr 8-0 Item 5 Mayor and Motion by Mrs West; carried Council Bill 215 - An Ordinance amending various sections of the Code of Laws of the City of Wheat Ridge raising certain existing or adding certain new taxes and/or fees, specifically adding new sections 21-53, Lodger's Tax, and section 21-54 Admission's/Amusement Tax; and amending existing sections 21-5(i)(7) Exempt Sales (by removing exemption of Gas and Electricity used in processing or manufacturing), Section 3-3 (Occupation Taxes on Liquor Licenses), Sections 3A-7(A)(1),(2),(3), and (5) (Raising fees on Amusement Devices), Section 9A-6 (License Fees for Guard Services and Security Agencies), Sections 5-81 and 5-82 (Fees pursuant to the Uniform Building Code), and Section 30 of Appendix A (Rezoning and related application fees) Council Bill 215 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 642 assigned Present, sworn in by the Mayor, and speaking in opposition, were Kathy Koithan, Best Western, 4700 Kipling Street, presented a letter of opposition and other cities taxes David J Duff, American Family, 4735 Kipling, Michael Beaird, Ramada Inn, John Redfield, Prime Rate Motel, Tami Watson, Tabor Lake Inn, Peggy Whitt, Tabor Lake Inn, Mark Samson, Six Pence Motel, Bud Van Velson, La Quinta Inn, all concurred with previous speaker and asked Ordinance be tabled and the motel industry and Council get together and work out a solution to this problem Julie Nealon, Wheat Ridge Bowling, 7830 W 90th Ave , also asked that Ordinance be tabled Discussion followed Motion by Mr Merkl for the adoption of Ordinance 642 and that it take effect January 1, 1986, and a Study Session on December 2 be held with anyone (Motels, Bowling Alleys, Liquor Licensees) this ordinance may affect; seconded by Mrs Keller Motion by Mrs Keller to amend to delete Motels under Section I of the Ordinance until after the Study Session; seconded by Mr Davis Discussion followed Mrs Snow CITY COUNCIL MINUTES October 28, 1985 Page -3- stated she will be voting No, because she feels this would just be putting off the painful, feels a decision should be made tonight; is not sure if this is the right one, this should not be put off, because the tax increase has been i.ncorporated in the 1986 budget Mr Flasco stated he will vote against the amendment because only the motel representatives have been heard and the rest of the people the ordinance affects have not been heard from Amendment failed 3-5 with Councilmembers Keller, Hobbs, and Davis voting yes Motion by Mrs Snow to change under Section II the rate of 5% to make it competitive with Arvada and Lakewood to 4 1/2%; seconded by Mrs Keller; Failed 3-5 with Councilmembers Keller, West, and Snow voting yes Motion by Mr FIasco to continue this until after the next Study Session; seconded by Mrs Keller; failed 2-6 with Councilmembers Keller and Flasco voting yes Vote on original motion carried 5-3 with Councilmembers Hobbs, Davis, and Flasco voting No Item 6 Application by Irma Klocker for a Two-lot Hinor Subdivision at 4945 Harlan Street (Case No MS-85-7) Mr Gidley presented the case Applicant, Irma Klocker, 4945 Harlan Street, was present and sworn in by the Mayor She answered Council's questions Motion by Mr Merkl for approval and that parcel A is dedicated to the City of Wheat Ridge for ROW purposes; curb, gutter, and sidewalk must be constructed in Parcel A, and along west line of Lot 2, at the time a building permit is requested for Lot 2 during construction, and in Parcel A for Lot 1 if further development and no C 0 be issued until such construction stipulations have been met; seconded by Mr Davis; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 Motion to approve waivers related to the parking requirements and completion of the drainage requirements for the Senior Center Motion by Mr Merkl for waivers as presented in memo from John Hayes dated 10/23/85; seconded by Mr. Flasco; carried 8-0 Item 8 Resolution 961 - authorizing the Jefferson County Open Space officials to secure professional appraisal on the Foulk property, Parcel B of Lot lO of Wildwood Subdivision Resolution 962 - authorizing the Jefferson County Open Space officials to secure professional appraisal on the Bowser property, located along Clear Creek at 4504 Everett Drive, Wheat Ridge, Colorado Resolutions 961 was introduced by Mrs Snow; title read by the Clerk Discussion followed Motion by Mrs Snow for the adoption of Resolutions 961; seconded by Mrs Keller Mr Davis stated he will be voting no; he feels money should be used for developing the parks and land we already own and we should buy land in District I & II CITY COUNCIL MINUTES October 28, 1985 Page -4- Mr Hobbs stated he will be voting no because of the date (1973) the survey was done; concerned if there are any changes Motion failed 3-5 with Councllmembers Snow, West, and Keller voting yes Resolution 962 died for lack of a motion Item 9 Motion by Mrs Keller that $6,000 be transferred from Account #01-607-795 to Account #01-203-6l0 (overtime for Operations Division); seconded by Mr Flasco Discussion followed Mr West stated he will be voting No, because he feels P D. wastes time Motion carried 6-2 with Councilmembers West and Davis voting no Item 10 Reconsideration of Ordinance 639 for the purpose of making editorial changes. Motion by Mr Merkl to reconsider Ordinance 639; seconded by Mrs Snow; carried 8-0 Mr Merkl moved that Ordinance 639 be approved as retyped correctly Section 1 & 4 and be republished; seconded by Mr Hobbs; carried 8-0 CITY ADMINISTRATOR'S MATTERS Tom Palmer addressed requests he has received from Councilmembers; since there are quite a few, he asked Council to be patient CITY ATTORNEY'S MATTERS John Hayes addressed concerns regarding Lena Gulch V acquisition of Olsen and Castleberry properties Design question on Olsen property Motion by Mr Merkl to make the low flow channel in the reconstructed gulch the only channel; immediately expedite the easements to get the channel work continued to wherever the schedule will take with the money that's there; seconded by Mr Flasco Motion by Mrs Snow to amend only if the nej,ghboring property owners are in favor--if they are not, that the water be split; seconded by Mr West; failed 3-5 with Councilmembers Keller, Snow, and West voting yes Discussion followed Mr Flasco called for the question; seconded by Mr Davis; carried 5-3 with Councilmembers West, Keller, and Snow voting No Vote on original motion carried 5-3 with Councilmembers West, Keller, and Snow voting No Mr Hayes attended the City Attorney Seminar in Keystone and question of insurance was discussed Jury Awards in the State of Colorado were 40% higher than national average He feels there will be two more years of insurance crunch Lloyds of London will not insure on errors and omissions policies in U S unless policies are going to include as limits on policy, attorney's fees, and costs, as part of the coverage Recommendation is to stay with CIRSA and being very conscious of risk management CITY COUNCIL MINUTES October 28, 1985 P<;lge -5- He received a letter from Randolph Currier requesting a legal opinion of him as City Attorney; should he give legal opinion? Motion by Mrs Snow that he not answer the citizens questions; seconded by Mr Davis; carried 8-0 ELECTED OFFICIALS' MATTERS Mr FIasco corrected his comment that was made earlier "that there would be changes on Council"; he meant "possibility of changes" Mr Merkl addressed bids on milling machine Motion by Mr West to adjourn; seconded by Mr Davis; carried 7-1 with Mrs Keller voting No Meeting adjourned at 10 45 P m ..../),:, d"'-/ ("';( I~t;t Wanda Sang, City ~erk APPROVED NOVEMBER 18, 1985 BY A VOTE OF ~ _ TO () /lJ~ Presi.dent