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HomeMy WebLinkAbout08/13/1990 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