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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