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HomeMy WebLinkAbout05/23/1988 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 23, 1988 The City Council Meeting was called to order by the ~jayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Al~o present City Clerk, Wanda Sang, City Admini~trator, Mike Smith, City Attorney, John Hayes, Director of Planning, Glen Gidley, Chief of Police, Howard Jaquay, ~taff, and interested citizens APPROVAL OF MINUTES of May 9, 1988 Motion by Mr Davis for the approval of the Minutes of May 9, 1988, ~econded by Mrs Ibbison Mrs Snow requested that on page 7, under Elected Official~ Matters, her comments should read "Nancy Snow questioned Mr FIasco whether he had voted in favor of Two Forks after asking for a consensu~ of City Council and had 4 members not in favor" CITIZENS' RIGHTS TO SPEAK Bill Virgilio, 10411 W 32nd Avenue, questioned why a bid propo~al for an environmental impact study regarding West 32nd Avenue appeared in the Wheat Ridge Sentinel three day~ after Council voted again~t widening this ~treet Mayor Wilde replied that no money, other than the advertising cost, had been spent by the City and no bids were being asked for Mr Virgilio reiterated that neither he, nor any of the other people in the area, want 32nd Avenue widened, but want the street improved LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application for a Special Events Permit from St~ Peter and Paul Church Motion by Mrs Keller to approve the Special Events Permit for Sts Peter and Paul Church, at the location of 3900-3920 Pierce Street, Wheat Ridge, to di~pense malt, vinou~, and ~pirituous liquor on June 25, 1988 between the hours of 4 00 p m and 11 00 p m and on June 26, 1988 between the hours of 12 00 noon and 11 00 P m on the ~chool parking lot and church ba~ement, ~econded by Mr West Robert Appelhanz, 4640 Reed Street, was present to an~wer Council's questions and concerns Motion carried 8-0 Motion by Mr Merkl that St~ Peter and Paul Church, 3900 Pierce Street, be allowed to hang a banner advertising their feast not more than 7 days before the day of the feast and to come down right after the feast, seconded by Mrs Keller He amended hi~ motion that they fill out an application for thi~ Motion carried 8-0 CITY COUNCIL MINUTES May 23, 1988 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -2- Item 2 Council Bill No 339 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-1) to Re~idential-Two (R-2) on land located at 4300 Newcombe Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-88-5) (Marcie Emily) Council Bill 339 wa~ introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 754 assigned Mr Gidley presented the case Applicant Marcie Emil~ was present, sworn in by the Mayor, and an~wered Council's questions and concerns Motion by Mr Merkl that Case No WZ-88-5, an application by Marcie Emily for approval of the rezoning from Agricultural-One to Residential-Two for property located at 4300 Newcombe Street, be approved for the following reason~ 1 The proposed rezoning is compatible with adjacent land uses and zoning 2 The proposed rezoning is compatible with the Comprehensive Plan 3 Planning Commission has recommended approval With the following conditions 1 Building permit is required, inspections must occur, and the structure must meet minimum Building Code requirements 2 Newcombe Street is substandard and needs to be partially dedicated (approximately 15 feet of width), by the owner A Development Agreement for construction also need~ to be executed by the owner 3 Off-street parking provisions, four spaces for each unit, must be developed in accordance with current regulations, unless a waiver is granted by Planning Commission 4 After the above requirements are complied with, Occupancy mu~t be is~ued, seconded by Mrs Keller his motion that the structure have public water and Ordinance No 754 Mrs Worth has a real problem with the fact that all this was done without coming in for any building permits Motion carried 7-1 with Mr Davis voting No a Certificate of Mr Merkl amended sewer and that it be Item 3. Council Bill No 340 - An Ordinance providing for the approval of rezoning from Restricted-Commercial (R-C) to Commercial-One (C-1) and approval of a ~ite plan for land located at 11801 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Ca~e No WZ-88-4) (Heinz and Thea Silz) Council Bill 340 wa~ introduced on ~econd reading by Mrs Ibbison, title read by the Clerk, Ordinance No 755 assigned Mr Gidley pre~ented the case Applicant Heinz Silz was present, sworn in by the Mayor, and answered Council's questions and concerns Marcus W. Eddy, 4602 Simms Street, spoke in favor of the fruit market, but was concerned, if the business failed, what other business would move into that area He asked Council to require a lot more restrictions as to what future business could operate in that area CITY COUNCIL MINUTES May 23, 1988 Page -3- Motion by Mrs Ibbi~on that Case No WZ-88-4, an application by Heinz and Thea Silz for rezoning from Restricted-Commercial to Commercial-One with site Plan Approval for property located at 11801 We~t 44th Avenue be approved for the following reasons 1 Planning Commission recommend~ approval 2 A retail produce and food store is a compatible use with the surrounding land u~es 3 The proposed rezoning conforms with the Comprehensive Plan 4 The propo~ed site plan is acceptable in its layout and will work properly With the following conditions 1 The Commercial-One permitted uses be restricted to exclude all types of automotive and semi-truck repair, cleaning or servicing, seconded by Mr~ Snow Mrs Worth offered an amendment to the motion that a 10' dedication on Tabor Street be put under a development agreement, seconded by Mr Merkl, failed 4-4 with Councilmembers Merkl, Keller, Worth, and Ibbison voting yes Mrs Keller made an amendment to the motion that the cost of relocating the catch basin be borne by the City and not by the applicant, seconded by Mr FIasco, carried 5-3 with Councilmembers Snow, Ibbison, and West voting No Mrs Snow will vote no, becau~e she feels the applicant should pay at least half Mr West agrees with Mrs Snow Motion carried 5-3 with Councilmembers, Snow, Ibbison, and We~t voting No Motion by Mrs Snow that in addition to the restrictions we have already, any development on this property be restricted to three stories in height, seconded by Mrs Worth, carried 5-3 with Councilmembers Davis, Ibbison, and West voting No Vote on original motion carried 8-0 Item 4. Council Bill No 341 - An Ordinance adding Article IX to Chapter 14 of the Code of Laws of the City of Wheat Ridge, making conduct related to prostitution unlawful, and renumbering Section 14-69 to Section 14-75 of Article X in Chapter 14 involving penalties for violations of the provision~ in Chapter 14 Council Bill 341 was introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance No 756 assigned Motion by Mrs Worth for the adoption of Council Bill 341 (Ordinance 756), ~econded by Mr~ Keller Mr West moved to amend the Ordinance that women and men who give sexual favors in the work place for promotion or any other favors be charged under thi~ ordinance also Mrs Worth will not accept this as a friendly amendment, she considers it an insult Mr West further stated he needs things in the ordinance explained to him, such as what "deviate" means He will vote against this ordinance, problem will not go away Motion carried 7-1 with Mr West voting No CITY COUNCIL MINUTES ~lay 23,1988 Page -4- Item 5. Council Bill 342 - An Ordinance repealing and reenacting Section 14-47 of the Code of Laws of the City of Wheat Ridge Council Bill 342 was introduced on second reading by Mrs Keller, title read by the Clerk, Urdinance No 757 as~igned Kay Ore, 10565 W 46th Avenue, stated that she was glad to see an Ordinance like this come in, but had some concerns about it She does not think the Ordinance i~ written very good, it's not enforceable, she gave numerous comment~ and suggestions regarding the Ordinance Motion by Mrs Keller that Council Bill No 342, Ordinance 757, be approved on second reading with Mr Hayes' suggested changes (under Section 14-47 (d) be added "either in person or" under the haras~ment or threatening bodily injury or property damage section of the ordinance), ordered published, and to take effect 15 days after final publication, seconded by Mr West, carried 8-0 Mrs Worth asked Chief Jaquay if this Ordinance wa~ enforceable, he ~tated it was. Item 6. Council Bill 343 - An Ordinance amending the Code of Law~ of the City of Wheat Ridge by creating Chapter 24, enhanced Sales Tax Incentive Program, and providing criteria for inclusion of businesses within said program Council Bill 343 was introduced by Mrs Worth on second reading, title read by the Clerk, Ordinance No 758 assigned Louise Turner, 11256 W 38th Avenue, objected to the preferential treatment that some businesses will receive through this Ordinance She suggested the City possibly temporarily cut the sales tax and tighten its belt, urged Council to reconsider and vote no on this ordinance Don Jarrett, 10370 W 34th Avenue, urged Council not to enact this Ordinance, feels principal is not a good principal to share sales tax with businesses Motion by Mrs addition of Mr 4, 5, 6, and 8, (1 In the last whereas clause which appears on page 2, add a provi~ion setting forth additional public purposes for the ordinance 2 In Section 24-2, add at the very end of the section a description of public benefits accruing to the City and its taxpayers 3 In Section 24-6 on page 4, add an additional requirement that the City Council determine that any additional improvements authorized be found to be public or public related improvements 4 Language changes only in Section 24-9, which will clarify the intent of that Section 24-9 5 Add a subpart (e) to Section 24-10 incorporation into the approval proces~ all of the requirements of Section 24-11 6 Add sub~tantially to Section 24-11 (b) so a~ to make explicit the meaning of that section, thereby limiting the maximum dollar amount to be shared to a specific amount or a specific time, whichever is reached fir~t Worth for the adoption of Ordinance No 758 with the Hayes' amendments on his May 16, 1988 memo No 1, 2, 3, CITY COUNCIL MINUTES May 23, 1988 Page -5- 8 Section 24-11(h) has been added in its entirety to make clear and explicit that no portion of either the benefits or obligations of thi~ agreement may be assigned to or relied upon by any third person. This would be e~pecially important if an owner or proprietor were to attempt to assign the right to receive a share of the enhanced sale~ taxes, and that third party to whom that right was as~igned attempted to enforce that obligation against the City This provi~ion prohibits such assignment, reliance, or enforcement ), seconded by Mrs Keller Motion by Mr Flasco to make an amendment in Section 24-4, last sentence, where it says new or expanded business is reasonably likely to generate enhanced sales taxes of at least one hundred fifty thousand dollars ($150,000) in the first year of operation I would move to reduce that $150,000 down to $20,000, seconded by Mr Davi~, carried 6-2 with Mrs Keller and Mr West voting No Motion by Mr FIasco that Section 24-11(c) be modified to allow Council the discretion to authorize a transfer of the benefits of the agreement, but not to obligate the Council to approve such a transfer, seconded by Mr Davis Mrs Snow will vote against this because she knows that the developers out there love that idea that they could get an agreement with us and sell the property and transfer that obligation and ~he would really prefer that we not do this Motion failed 2-6 with Councilmembers FIasco and Davi~ voting yes Mrs Snow asked that on page 5, line 9, the word "would" be changed to "could", Motion maker and second accepted this. Vote on original Motion carried 8-0 ORDINANCES ON FIRST READING Item 7. Council Bill 350 - An Ordinance amending Appendix B, the Flood Plain Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, relating to Landscaping Requirements Council Bill 350 wa~ introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 350 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1988 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 Mrs Ibbison, carried 7-1 with Mrs Worth voting No CITY COUNCIL MINUTES May 23, 1988 Page -6- Item 8. Council Bill 351 - An Ordinance providing for the approval of a Special Use Permit for Major Mechanical and Auto Body Repair on land located at 9970-92 West 44th Avenue and 4388-90 Kipling Street, City of Wheat Ringe, County of Jefferson, State of Colorado Council Bill 351 was introduced by Mrs Keller on first reading, title read by Clerk Motion by Mrs Keller that Council Bill 351 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Merkl, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 9. Resolution 1082 - authorizing the Jefferson County Open Space Officials to secure profe~sional appraisal on The United States Truck Driving School, Inc , consisting of approximately twenty (20) acres, 8150 West 48th Avenue, located in Wheat Ridge, Colorado (continued from May 9, 1988) Resolution 1082 was introduced by Mr~ Worth, title read by the Clerk Motion by Mrs Worth for the approval of Re~olution 1082, seconded by Mrs Ibbison Mrs Worth changed her motion - authorizing the Jefferson County Open Space to secure professional appraisal on property located at 8150 West 48th Avenue, consisting of approximately 20 acres, located in Wheat Ridge, Colorado, second agreed Mr Davis will be voting against this for several reason~, he is not too pleased with how it was set up, we are a little premature--there still is a three year lease on this property and doesn't fore~ee us buying the lease out, if we don't like it, we buy it Motion carried 7-1 with Mr Davis voting No Item 10. Resolution 1088 - authorizing the City Treasurer to open new bank accounts for the purposes described Resolution 1088 was introduced by Mrs Motion by Mrs Worth for the adoption Mrs Ibbison, carried 8-0 Worth, title read by the Clerk of Resolution 1088, seconded by CITY ATTORNEY'S MATTERS John Hayes informed Council that we have received the galley proofs from Municipal Code Corporation on the recodification of the City Code and he has begun the review proce~s, hopes we have the Code ready as soon as we possibly can He has provided Council with an Urdinance making some changes to the Campaign Reform Act as adopted by the City of Wheat Ridge He pointed to the automatic recount provision and invited Council comments Colorado Supreme Court recently reached a decision, which will probably result in a new State Statute CITY COUNCIL MINUTES May 23, 1988 Page -7- Mrs Snow a~ked for a Council consen~us to have the Ordinance read that any leftover money could be contributed to a non-profit or charitable organization or to the City or to any non-parti~an candidate John Hayes asked for further comments to the nuisance ordinance He stated that Mr Me~tecky would like to know Council's position on the purchase of his property He suggest Council make a contingent offer to Mr Mestecky for a particular price, on particular term~, subject to the ability of the City to negotiate with him a completed contract, which would meet his financial requirements and be a tax benefit to him and lower his rate benefit to the City Motion by Mrs Worth that after we finish the meeting we go into Executive Ses~ion under Chapter 5 7(b)(3) and to adjourn after the Executive Session, seconded by Mrs Snow, carried 6-2 with Mr FIasco and Mr West voting No ELECTED OFFICIALS' MATTERS Presentation on W-470 by Anthony Flasco Tony FIasco gave his presentation He stated that if Wheat Ridge were to be a voting member of the W-470 Task Force, it would cost the City approximately $10,580 The non-voting membership for Wheat Ridge would be approximately $5,290 He quoted the other cities and counties who have joined and how much money they had spent to join He feels Wheat Ridge ~hould be a full voting member, because among others, Wadsworth will definitely be affected Con~ensus Failed 4-4 Moe Keller asked for an update on the slide and spla~h pool, she had heard the pool would not open Mr Smith replied that the pool would open just as soon as this school year expired Claudia Worth asked for Council consensus to have Ruth Howard and Larry Muniz come in and give an update on the drug coalition that they belong to, to have them on the next meeting on the agenda She would also like to mention that they had the May Festival on May 14 and thanked those Councilmembers that attended She asked if some money could be budgeted in the 1989 budget for the sound system in City Council Chamber~ to be updated Doris Ibbison stated that International Bank would replace the stolen VCR in the Senior Center Randy West moved to adjourn after the Executive Se~sion, seconded by Mr Davi~, carried 7-1 with Mr~ Worth voting NO EXECUTIVE SESSION WAS HELD. Meeting adjourned at 11 20 P m ~~ / ) C '.' 'I ",":>>/i~ /~~ "j' 1\/_J, /' Wanda Sang, City CI~k CITY COUNCIL MINUTES May 23, 1988 APPROVED BY CITY COUNCIL ON JUNE 13, 1988 BY A VOTE OF x:::~ ~-<~~ Kent Davis, Council President Page -8- 8 TO 0