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CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 13, 1990
The City Council Meeting was called to order bj the ~ayor 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 Administrator, Mike Smith, City
Attorney, John Hayes, Public Works Director, Bob Goebel, Director of
Planning & Development, Glen Gidley, staff, and interested citizens
APPROVAL OF MINUTES of July 23, 1990
Motion by Mr FIasco for the approval of the Minutes of July 23, 1990,
seconded by t'lr Eafanti, carried 8-0
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a Special Events Permit for Arvada Jaycees, to
sell 6% beer at the Wheat Ridge Carnation Festival
Motion by Mr Shanley to approve the Special Events Permit for the
Arvada Jaycees, POBox 178, Arvada, Colorado, at the location of the
Wheat Ridge Carnation Festival, Field Park at 44th & Field in Wheat
Ridge, to dispense malt, vinous and spirituous liquor (6% beer) on
August 16, 11190 from 4 00 pm to 11 00 pm, on August 17,1990 from
4 00 p m to 11 00 pm, and on August 18, 1990 from 12 00 noon to 11 00
pm, seconded by Mr Eafanti, 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", 12100 W 44th Avenue, Wheat Ridge
Applicant Tariq Khalidi, 121UO W 44th Avenue, was sworn in by the Mayor
and asked for approval of this license
Motion by Mr Edwards to approve the application for a new Hotel &
Restaurant Liquor License with Extended hours for Tariq Khalidi, dba
"Tabor Lake Inn", 1~10U W 44th Avenue, Wheat Ridge, Colorado, for the
following reasons
1) All applications and fees required by statute have been filed ana
paid
2) Notice of hearing and posting of the premises have been accomplished
according to statutory requirements
3) The applicant will be entitled to occupancy of the premises by
virtue of a signed lease dated June 15, 1990
CITY COUNCIL MINUTES
August 13, 1990
Page -2-
4) The applicant has been cleared by the Police Department
5) The evidence adduced at the Public Hearing on August 13, 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 opposition to this license,
seconded by Mr Davis, carried 8-0
Item 3
Application for Transfer of Ownership for B & N food Store,
6595 W 44th Avenue, Wheat Ridge
Applicant Steve Moos, 6')95 W 44th Avenue, was sworn in by the Mayor
He asked Council for approval of this license
Motion by Mr Davis to approve the Transfer of Ownership frolli George and
Nadia Mekhail, dba "B & N Food Store" to Steven A Moos and Tony E
Billinger, dba "S-Tee's Food Market", 6595 W 44th Avenue, Wheat Ridge,
Colorado, for the following reasons
1 All applications and fees required by statute have been filed and
paid
2 The applicants will be entitled to occupancy of the premises by
virtue of a signed lease dated June 1, 1990
3 The applicants have been cleared by the Police Department,
seconded by Mr FIasco, carried 8-0
Item 4
Motion to set Show Cause hearings for "Happy Liquors" and
"Abner's Market"
Motion by Mr FIasco that pursuant to Section 11-~3 of the Code of Laws
of the City of ~heat Ridge, the City Clerk shall issue subpoenas to
require the presence of persons and the production of papers, books, and
records necessary to the determination of the Show Cause fJearings for
"Happy Liquors" and "Abner's Market"
These Show Cause Hearings shall be held on Monday, Septewber 10, 1990 at
') 30 and b 30 p m prior to the Council Meeting, seconded by Mr Davis,
carried 0-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item ')
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 Mrs Brougham on second reading, tLtle
read by the Clerk, Ordinance No 840 assigned
Mr Gidley presented the case and answered Council's questions
Applicant Judith Graham, &425 W 38th Avenue, was sworn in by the Mayor
and asked for approval of the Ordinance She entered letters and
signatures into the record which were in favor of her application
She also answered Council's questions
CITY COUNCIL MINUTES
August 13, 1990
Page -3-
Speaking in opposition and sworn in by the Mayor were
Winnie Clemments, 3825 Carr Street, Lou Clemments, 3825 Carr Street,
Gene Pastor, 3815 Carr Street, Mary Lou Zarlengo, 8301 W 38th Avenue,
Bonnie Pastor, 3815 Carr Street
Their concerns included that the applicant had bought the property with
commercial use in mind, neighbors would not know the people coming and
going, different stories had been told about this property, intimidation
tactics had been used to get support for the bed and breakfast, there
was no real need for this bed and breakfast, too many cars to park if
four rooms are rented out, concern about the proposed six-foot fence and
paving instead of grass, not enough bathrooms in the house, no kitchen
in the house, bedrootlis too small, decreased property values
Diane Nugent, 383U Carr Street, was sworn in by the Mayor and spoke in
favor of the bed and breakfast
Discussion followed
Motion by Mrs Brougham that Ordinance 040, a re~uest for approval of a
Special Use Permit to allow a Bed and Breakfast in a Residential-Two
zone district for property located at 8425 W 38th Avenue, be approved
for the following reasons
The proposed use would meet a public need for bed and breakfast
The proposed use con[or'o's to the Comprehensive Plan designation of low
density residential as a Bed and Breakfast is allowed by special review
The parking requirements have been met
With the following requirements
That two rooms be used for the Bed and Breakfast at this time
That a variance on the square footage be allowed
That the Site Plan be adopteJ and contain gravel parking,
seconoed by Mr Shanley
Mr FIasco will vote against this Special Use Permit because it doesn't
meet the minimum standards required by Section 27 N This matter was
heard before Planning Commission and they recommended denial The staff
recommends denial of this application
Mr Merkl will vote against this because the 6300 square feet are waf
short, the requirewent that was set at 12,500 square feet is
unreasonable He agrees with Mr FIasco and Planning Commission
Mr Selstad will vote ahainst this, although he likes Bed and
Breakfasts This will create a 3-unit property
Mr Edwards will vote against this because square footage is lacking in
this property He likes Bed and Breakfasts if there is plenty of room,
but this property will be overcrowded
Motion Failed 1-7 with Mrs Brougham voting yes
CITY COUNCIL MINUTl~
August 13, 1990
Page -4-
Item 6
Council Bill 63 - An Ordinance providing for the approval of
rezoning from Residential-Two and Commercial-One to
Commercial-One on land located at 4298 Kipling ~treet, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-90-7) (Glen Daughenbaugh)
Council Bill 63 was intrOduced on second reaaing by Mr Edwards, title
read by the Clerk, Ordinance No 840 assigned
Mr Gidley presented the case and answered Council's questions
Applicant Glen Daughenbaugh, 11~00 Dransfeldt Road, Parker, Colorado,
was present and sworn in by the Mayor He explained details of his
applicatio~ and answered Council's questions
Motion by Mr Edwards that Council Bill 63 (Ordinance 840), a request
for approval of a rezoning from Residential-Two and Commercial-One to
Commercial-One with an approved site plan for property located at 4298
Kipling Street, be approved for the following reasons
1 The property is withi.'1 the City of Wheat Ridge and all posting and
notification requirements have been met, therefore, there is
jurisdiction to hear this case,
2 Evidence clearly indicates a change in the character of this
neighborhood has occured and the findings support a change of zone, and
3 The Comprehensive Plan designates this site as Commercial Activity
Center and the proposed use and uses allowed under the zoning
designation are compatible with the Plan designation
With the following conditions
1 A six foot fence shall be placed along the south property line
2 Landscaping in lieu of a fence along the east property line will be
put in place to the extent and type that the applicant placed on the
property to the north
3 The landscaped buffer along the south pro~erty line in the rear
parking area shall be extended to the 30' access easement,
seconded by Mr Shanley, carrie'] 8-0
Motion by Mr Edwards that Case No MS-89-4, a request for approval of a
minor subdivision for property located at 4298 Kipling Street, be
approved for the following reasons
1 This property is located within the City of Wheat Ridge and all
posting and notification requirements have been met, therefore, there is
jurisdiction to hear this case
2 All requirements for Subdivision Regulations have been met
With the following conditions
1 An easement shall be recorded along the drive adjacent to the north
property line of the subject site, allowing access to rear parking
2 The cross access easement shall be eliminated so as not to allow
access from Kipling across the front yard landscaping,
seconded by Mr Merkl, carried 8-0
CITY COUNCIL MINUTES
August 13, 1990
Page -5-
ORDINANCES ON FIRST READING
Item 7
Council Bill 64 - An Ordinance amending Wheat Ridge Code of
Laws, Chapter 26, Article I~ , Sign Code, relating to Use of
Banners for Advertising Purposes
Council Bill 64 was introduced on first reaoing by Mr Herkl, title read
by thE: Clerk
Motion by Mr Merkl that Council Bill 64 be approved on first reading
with the followi'18 ailJendment that in Section (e) the fifteen days be
changed to thirty days I further move that it be ordered publiShed,
public hearing be set for Monday, September 10, 1990 at 7 30 p m in
City Council Chambers, Municipal Building, and if approved on second
reading take effect 15 days after final publication, seconded by Mr
Shanley
Mr Selstad offered a friendly amendment to leave the fifteen aays, with
not more than "two (2) such permits being issued at the same location
for anyone "
Mr Merkl accepted this
Motion carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item ()
Reconsideration of Health Insurance Contribution
Motion by Mr Edwards that the City's contribution between August 1 to
December 1 be $216 00 per employee, seconded by hr tlJerkl
Mr Davis will vote No, because once you give this, you can't take it
away at budget time This should be discussed at budget time
Mr FIasco will vote No, he agrees witl everything Mr Davis said There
i s no ass u ran c e any t hi n g wi I I c h a n g eat bud get t i Iii e <1 n d t his \.J i 11 be a
large chunk of money for a full year
Mrs Brougham will vote No because this is too high of an increase and
we might take it away at bud~et time
Motion failed 3-5 with Councilmembers Edwards, Merkl, and Selstad voting
yes
Motion by Mr Selstad to make the contribution $189 00 per month, which
would be equivalent to 70%, seconded by Mr Merkl, failed 3-5 with
Councilmembers Selstad, Merkl, and Edwards voting yes
Item 9
School Crossing Guard Pro~ram
Motion by Mr Merkl that the School Crossing Guard Program as approved
by Council on October 9, 1989, continue for the 1990-91 school term and
that the crossing guaras be paid $4 25 per hour for 2 hours per day
I further move that $7850 be transferred from the contingency reserve
account (01-607-794) into the crossing guard account (01-610-713) to
cover expenses through 1990, seconded by Mr EdwardS
CITY COUNCIL f'lINUTES
August 13, 1990
Page -6-
Mr FIasco will vote No because t~is is the resyonsibility of the School
Board and not the City
Motion carrieo 6-2 with Mr Davis and Mr FIasco voting No
ItenJ_'L2- Appointment to OIL Pol icy Committee
Motion by Mr FIasco thdL we d~vnint Larry Merkl as CML representative,
seconded by Mr Davis, carried 8-0
Motion by Mr Merkl to fund a second trip for policy committee members
who want to attend the trip to Houston as voting delegates, seconded by
Mr FIasco, carried 7-1 with Mr Selstad voting ho
Item 11 Motion for letter of interest re expansion of Denver
Enterprise Zone and Training Pool
Motion by Mr Merkl that the Mayor be authorized to send a lett~r to
Mayor Pen a encouraging the expansion of the Denver Enterprise Zone to
incluje a portion of the new airport 1 further wove t~at a letter
supporting Denver's efforts to bring the maintenance facility to the
Rocky Mountain Region and to Denver be supported by the City of Wheat
Ridge, seconded by Mr Shanley, carried 7-1 with Mrs Brougham voting
No
CITY ADMINISTRATOR'S MATTERS
Mike Smith inquired if the previous motion regarding Item 8 would
stand
Motion by Mr Selstad that the $32,000 00 be restored to the General
Budget and not be used as a one time bonus, seconded by Mr Edwards,
carried 6-2 with Mr Davis and Mr FIasco voting No
Motion by Mr Merkl to hold t~e City
18, 19, and 20, 1990, seconded by t'jr
Edwards voting No
Council Budget Session on Septe{l)ber
FIasco, carried 7-1 with hr
Motion by Mr Shanley to hold an informal breakfast meeting on Thursday,
August 23, 1990 at 7 00 am, seconded by Mr Merkl, carried 6-2 with
Mr Selstad and Mr FIasco voting No
Motion by Mr Merkl to hold an Executive Session under Section
5 7(b)(1)(B) of the Charter to be held after Elected Officials Matters,
followed by Adjournment, seconded by Mr Edwards, Mr FIasco asked that
pending litigation also be discussed, carried 8-0
CITY ATTORNEY'S MATTERS
John Hayes gave update on his meeting with the 35th & Allison ~r,u~
He referred to two memos he had distributed regarding Zoning actions,
and called Cluncil's attention to the part about quasi-judicial matters
CITY COUNCIL MINUTE~
August 13, 1990
Page -7-
ELECTED OFFICIALS' MATTERS
Jim Malone stated that Requests for Proposals for auditors had been sent
out and that Council would have to select the auditors after the
proposals were received
Elise Brougham asked John Hayes how the Election Ordinance was coming
along He replied it would be ready for the Study 0ession in September
She referred to an Ordinance that had been discussed by the Pollution
Committee and asked that this be discussed at the next feasible study
session Consensus was 8 in favor to put this on Mr Flasco asked
that people in favor and against be invited to speak on this
Mrs
that
more
BrOugham asked that an item be discussed during budget sessions
would pay employees a dollar per day if they rode in a car with
than 1 person on high pollution days
Motion by Mrs Brougham that a moratorium for Bed and Breakfast Special
Use Permits be in effect until this Section is brought back to us as
discussed by City Council and the City Attorney, seconded by Mr
Selstad, carried 5-3 with Council members Davis, FIasco, and Shanley
voting No
Phil Edwards asked if some Boards and Commission appointments Could be
made tonight or if they should be put on the next Agenda Mayor Wilde
and Council President re~lied that the appointments should be put on the
next Agenda
Motion by Mr Selstad to go past 11 00 p m
Matters and the Executive Session and then
Edwards, carried 7-1 with Mr Davis voting
and finish Elected Officials
adjourn, seconded by Mr
No
Motion by Mr Selstad to amend the Weed Ordinance to reflect recent
changes in C R S regarding noxious weeds, seconded by Mrs Brougham,
Mr Davis stated that this amendment was aimed directly toward his
property on Jay Street and asked if he would be allowed to vote
t'ir Hayes replied that this Wc;"' ,,\(',,1 j l'~J;islative and it was okay for
Mr Davis to vote
Mr Selstad stated this amendment W~j directed at properties that grew
noxious weeds in this City, if this applied to Mr Davis' property, he
was sorry
Mr FIasco asked that this be discussed at a Study Session
Mr Selstad withdrew his motion and moved that this be put on no later
than the October Study Session, seconded by Mrs Brougham
Motion carried ')-3 with Councilmelubers Davis, Shanley, and Flasco voting
No
Motion by Mr Merkl to hold the September Stuay Session on Tuesday,
September 4, 1990 at 6 00 p m with dinner, secondea by Mr SeJstad,
carried 7-1 with Mr Davis voting No
CITY COUNCIL MINUTES
August 13, 1990
Page -/:)-
Motion by Mr Selstad to set a public hearing regarding the recommended
width for the section of 32nd Avenue between Pierce and Sheridan,
seconded by Mr. Merkl, Failed 2-6 with CouncilnJembers Merkl and Selstad
voting yes
Mr Selstad thanked the Historical Society and the mover for movinb t~e
Old Postoffice He thanked all the people who helped the little bird
that was stuck in the drain gutter by the swimming pool
Larry Merkl complained about the lack of Transcript papers on the east
side of Kipling and suggested we re-bia our publications He asked that
the Mayor and Mr Smith contact the Trans~ript and work out this
problem
Tony FIasco asked for and got Council consensus to put discussion of
Metropolitan Transportation System at one of our next available Study
Sessions
EXECUTIVE SESSION WAS HELD
Meeting adjourned at 12 15 a m
APPROV~D BY CITY COUNCIL ON AUGUST 27, 1990 BY A VOTE OF
8
TO
o
-/. i
X . -'-t f ~. 0 r _~:l _
Kent Davis, Council President