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 ~
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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 ()
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Presi.dent