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HomeMy WebLinkAbout07/09/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 9, 1990 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of June 25, 1990 Motion by Mr Gavis for the approval of the Minutes ot June 25, 1990, seconded by Mr Merkl Nr Selstad asked to abstain because he had not been present at the June 25 Meeting Motion carried 7-0 with Mr Selstad abstaining PROCLAMATIONS AND CEREMONIES Mayor wilde presented Certificate of Appreciation to Michael Potter Gary Shoemaker, director of Wheat Ridge Drug Coalition, presented award to Mayor wilde for his support CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class D - Retail Liquor Store License for Nora Martinez and Michael Sherry, dba "Lakeside Liquor", 5820 W 44th Avenue, Wheat Ridge Michael Sherry, 11686 Blacktail Mountain, Littleton, and Nora Mar~~~ez, 2590 S Xavier, were sworn in by the Mayor Motion by Mr Shanley to approve the application for a new Class D _ Retail Liquor Store License for Nora Martinez and ~lichaeI Sherry, dba "Lakeside Liquor", 5820 W 44th Avenue, wheat Ridge, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Notice 01 hearing and posting of the premises have been accomplisheo according to statutory requirements, 3 The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated May 8, 1990, 4 The applicants have been cleared by the P,)lice Department, CITY COUNCIL MINUTES July 9, 1990 Page -2- 5 The evidence adduced at the Public Hearing of July 9, 1990 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by no one appearing in o~position to this license, seconded by Mr Davis, carried 8-0 Item 2 Application for a new Class G - Hotel & Restaurant Liquor License with extended hours, for Tariq Khalidi, dba Tabor Lake Inn, 121UO W 44th Avenue, Wheat Ridbe Motion by Mr Merkl to waive the survey for Tariq Khalidi, dba "Tabor Lake Inn", 12100 W 44th Avenue, Wheat Ridge, because there has been a Hotel & Restaurant Liquor License with extended hours at that location since June 1985 and the needs and desires of the neighborhood have already been established I further move to hold a public hearing on this application on August 13, 1990 and order the property be posted and the public hearing be published, seconded by Mr Edwards Mr FIasco will vote no, because just because a liquor license was previously there, doesn't mean the needs and desires of the neighborhood have not changed Motion carried 6-2 with Mr FIasco and Mrs Brougham voting No Item 3 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill 53 - An Ordinance repealing and reenacting Section 5-78 of the Code of Laws of the City of Wheat Ridge, Colorado, adopting by reference the Uniforw Mechanical Code, 1988 Edition, copyright 1988, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 53 was introduced by Mr Edwards on second reading, title read by the Clerk, Urdinance No 832 assigned Motion by Mr Edwards for the adoption of Ordinance 832, seconded by Mr Davis, carried 8-0 Item 4 Council Bill 54 - An Ordinance repealing and reenacting Sections 5-79 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Plumbing COde, 19~8 Edition, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 54 was introduced by Mr Shanley on second reading, title read by the Clerk, Ordinance No 833 assigned Motion by Mr Shanley for the adoption of Ordinance 833, seconded by Mrs Brougham, carried 8-0 Item 5 Council Bill ~5 - An Ordinance repealing and reenacting Section 5-80 of the Code of Laws of the City of Wheat Ridge, Colorado, adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, copyright 1988, and providing penalties for violation thereof Council Bill 55 was intrOduced on second reading by Mr Eafanti, title read by the Clerk, Ordinance No 834 assigned CITY COUNCIL MINUTES July 9,1990 Page -3- Motion by Mr Eafanti for the adoption of Ordinance &34, seconded by Mr ~lerkl, carried 8-0 Item 0 Council Bill 56 - An Ordinance repeaIin~ Section 8-1 and reenacting Section 8-1 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Fire Code, 1988 Edition, copyright 1988, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 56 was introduced on second reading by Mr MerkI, title read by the Clerk, Ordinance No 835 assigned Motion by Mr Merkl for the adoption of Ordinance 835, seconded by Mr Davis, carried 8-0 Item 7 Council Bill No 57 - An Ordinance providing for the approval of a Special Use Permit to allow a Bed and Breakfast in a Residential-Two zone district on property located at 3270 Allison St , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-90-2) (Jack Bailey) Council Bill 57 was introduced by Mr Davis on second reading, title read by the Clerk, Ordinance No 836 assigned Mr Gidley presented the case and answered Council's questions Applicant Jack Bailey, 3270 Allison, was sworn in by the Mayor He distributed a letter from his neighbors in support of his application and asked for Council approval Martha Cerrone, 3373 Yarrow Court, was sworn in by the Mayor and spoke in opposition to the Special Use Permit and luestioned the need for Bed and Breakfasts in general and this one in particular She also presented a petition with 50+ signatures from the neighborhood in opposition to the Special Use Permit Art Knief, 3343 Yarrow Court, was sworn in by the Mayor and voiced his opposition to the Special Use Permit Matt TrebeIhorn, 3275 Yarrow Court, was sworn in by the Mayor' and spoke in opposition to the Special Use Permit Motion by Mr Davis that Council Bill 57 (Ordinance 830), a request for approval of a Special use Permit to allow a bed and breakfast in a Residential-Two Zone District for property located at 3270 Allison Street, be approved for the following reasons 1 The property is within the City of Wheat Ridge and all posting and notification requirements have been met, therefore there is jurisdiction to hear the case 2 Utilizing the criteria to analyze the a):-plication for a Special Use Permit, this criteria supports the Bed and Breakfast request 3 The proposal meets or exceeds all requirements subject to Section 27 N With the 1 That 2 That than two seconded following conditions signage be prohibited only one family be allowed bedrooms, by 1'1r Edwards and that family may occupy no more CITY COUNCIL MINUTES July 9,1990 Page -4- hrs Brougham will vote against this motion because the area has reached moderate aensity, the Comprehensive Plan shows low density for the area, the area has limited ingress and egress, there is neighborhood opposition, there is no proven public need hr FIasco will vote against this motion, it is apparent that the neighbors by far object to this in their neighborhood Mr Selstad will vote againstthis motion because of questionable neighborhood notification and posting, negative impact on the neighborhood as evidenced by the people signed up to speak in opposition, feels this is a single family residence Motion carried 5-3 with Council members BrouBham, FIasco, and Selstad voting No Item & Council B111 No 58 - An Ordinance providing for the approval of rezoning from Planned Industrial Development and Agricultural-One to Planned Industrial Development and Commercial-Two and approval of a combined outline and final development plan and plat on land located at 4&90 Robb Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Anthony Vecchiarelli) (Case No WZ-90-2) Council Bill 58 was introduced by Mr Shanley on second reading, title read by the Clerk, Ordinance No 837 assigned Mr Gidley presented the case Anthony Vecchiarelli, 12395 W 35th Avenue, was sworn in by the Mayor and answered Council's questions Motion by Mr Shanley that Ordinance No 837, a request for approval of a rezoning from Planned Industrial Development and Agricultural-One to Planned Industrial Development and Commercial-Two for property located at 4890 Robb Street, be approved for the following reasons 1 The property is within the City of Wheat Ridge and all posting and notification requirements have been met, therefore there is jurisdiction to hear this case, ~ Evidence clearly indicates a change in the character of the area has occurred and the findings support a change of zone, and 3 The Comprehensive Plan designates this site as Industrial and the proposed use and uses allowed under the proposed zoning desibnation are compatible with that type use With the following condition Additional landscaping other' than native grasses, such as shrubs, be planted on the strip of land to the north of Lot 1, seconded by Mr Merkl Mr Selstad asked for a friendly amendment to add another condition That p~ior to use and/or development of Lot 2, a site plan be submitted f)r Planning Commission and City Council review and approval Motion maker and second accepted this Motion carried 8-0 CITY COUNCIL MINUTE~ July 9,1990 Page -5- ORDINANCES ON FIRST READING Item 9 Council Bill 62 - An Ordinance providing for the approval of a Special Use Permit to allow a Bed and Breakfast in a Residential-Two Zone District on property located at 8425 W 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-90-4) (Judith Graham) Council Bill 62 was introduced by hrs Brougham on first reading, title read by Clerk Motion by Mrs Brougham that Council Bill 62 be approved on first reading, ordered published, public hearing be set for Monday, August 13, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication, second eo by Mr Edwards, carried 8-0 Item 10 Council Bill 63 - An Ordinance provioing for the approval of rezoning from Residential-Two and Commercial-One to Commercial-One on land located at 4298 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-9U-7) (Glen Daughenbaugh) Council Bill 63 was introduced by Mr Edwards on first reading, title read by Clerk Motion by Mr Edwards that Council Bill 63 be approved on first reading, Qrde~ed published, public hearing be set for Monday, August 13, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr MerkI, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 11 Resolution 1213 - authorizing reimbursement from the City of Wheat Ridge's attributable shar~ of the Jefferson County Open Space Fund for Parks and Open Space Development Motion by Mr Merkl that Resolution 1213, authorizing reimbursement from Jefferson County Open Space be approved, and the Mayor be authorized to sign the Intergovernmental Agreement entitled "Request for Reimbursement and Certification of Use of Funds", which is required by Jefferson County Open Space before reimbursement from the City of Wheat Ridge's attributable share can be released, seconded by Mr Shanley, carried 8-0 I t em 12 Resolution 1214 - authorizing the use of the public right-of-way by the Wheat Ridge Carnation Festival, Ioc , to post signs exempt from regulation, advertising the Wheat Ridge Carnation Festival Resolution 1214 was introduced by Mr Motion by Mr Merkl for the adoption Shanley, carried 8-0 Merkl, title read by the Clerk of Resolution 1214, seconded by Mr CITY COUNCIL MINUTES Item 13 I tern 14 July 9,1990 Page -6- Motion by Mr FIasco that Ambulance Service Company be awarded the Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Fire Protection District to provide emergency ambulance service under the terms and conditions of the agreement and the proposal offered by Ambulance Service Company, seconded by Mr Shanley, carried 8-0 Resolution 1215 - pursuant to Section 14 2 of the Wheat Ridge Home Rule Charter approving an Intergovernmental Agreement betwee~ the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and the Company providing ambulance services to residents residing within the Wheat Ridge Fire Protection District, and authorizing the Mayor and City Clerk to sign said Intergovernmental Agreement Resolution 1215 was introduced by Mr Eafanti, title read by the Clerk Motion by Mr Eafanti for the adoption of Resolution 1215 with the ambulance company being Ambulance Service Company, seconded by Mr Shanley, carried 8-0 Item 15 Request by Lutheran Medica] Center for a temporary Street Banner Motion by Mr SeIstad that Lutheran Medical Center's request to hang a banner across W 38th Avenue be approved with the following stipulations 1 The banner shall be displayed for only a fourteen-day period, at LMC's choice of dates, between July 15 and August 11, 1990 2 The City of Wheat Ridge accepts no liability and is held harmless against any claims resulting from personal injury or property damage caused by such banner, seconded by Mr Edwards, carried 8-0 Item 16 Motion to increase the City's contribution to dependent health insurance for City employees Motion by Mr Merkl that the City contribution to dependent medical insurance for City employees be increased to $216 per month effective August 1, 1990 I further move that $3~,000 be transferred from the Contingency Reserve, Account #01-607-794 to Salary Reserve, Account #01-607-797 to provide funds for this increase I further move that this increase is for 1990 only until a new health plan is in place on January 1, 1991, seconded by Mr Edwards Mr FIasco will vote no, he has some real problems with increasing contribution for only 60 employees, when there are 150 employees the Council turns this motion down, he will make another motion to some money that will be split evenly among all of the employees the It allow Mrs Brougham will vote against this City can provide 80% of the funding, that much Also she agrees with Mr the majority of the employees motion because she questions if the we can increase it some, but not FIasco that this does not affect CITY COUNCIL ~INUTES July 9, 1990 Page -7- Motion failed 4-4 with Councilmembers Brougham, Davis, Eafanti, and Flasco voting No Motion by Mr FIasco th~t the City establish a fund in the amount of $32,000 00 to be transferred from the contingency reserve account No 01-607-794 into the salary reserve account No 01-607-797 in lieu )f ~l i~crease in the medical benefits for the year 1990 This $32,000 00 to be equally divided amongst all the employees eligible for the health plan I further move that no elected official, and I repeat, no elected official, be able to partake of this contribution or from this fund, seconded by Mr lafanti, carried 6-2 with Mr Selstad and Mr Merkl voting No Mr SeIstad does not feel wid-year is the time to address a bonus, either deal with it from an insurance standpoint or keep it av~ilable CITY ATTORNEY'S MATTERS John Hayes reported that we gained ~ossession of the last two parcels needed to start 32nd Avenue Consensus was 7-1 that Mr Hayes work on the Bed and Breakfast Ordinance to clear up some flaws ELECTED OFFICIALS' MATTERS Motion by Mrs Brougham to reconsider the Motion to give $250 00 to the Jefferson Symphony to play during the Carnation Festival at West Pines, seconded by Mr Davis, carried 7-1 with Mr FIasco voting No (This will be on the next Agenda) Phil Edwards read a Jetter into the record from the owners of the Union Truck Stop regarding the tree caravan coming through Colorado on Tuesday, July 17, 1990 Ron SeIstad moved to appoint John Qualteri to the Personnel Commission from District I, seconded by Mrs Brougham Discussion followed Mr Selstad called for the question, seconded by Mr Davis, carried 8-0 !via Loti failed 3-5 with Council members Brougham, SeIstad, and Shanley voting yes Mr Selstad thanked the Historical Society for the hard work they did in saving the Post Uffice He wondered if the City could post properties more efficiently, he suggested posting possibly two si~ns, one on the street, one in the window CITY COUNCIL MINUTES ,Ju I Y 9, 1 990 Page -8- Larry MerkI questioned the flooding problen, on the sidewalk at 32nd & Kipling and asked that this problem be taken care of Don Eafanti stdteo that the posted signs could be seen if peo~le only looked Meeting adjourned at 10 32 p m , ~p ~~ /vet. ~- ."J' c!"" , Wanoa Sang, City CI~k APPRO~ED BY CITY CGUNCIL ON JULY 23, 1990 BY A VOTE OF 8 TO 0 ) / /\ '-0"0<.- -L l....-" / / _~_J,/_ -<-- +<.- J Kent Davis, Council President