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
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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
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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
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