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Home My WebLink About09/13/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 13, 1993 The ritv Council Meeting was call~d to order bv the Mayor at 7 30 p m Souncilmerllbers present Elise Brougham, Kent Davi3, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Dennis Hall Also present City Clerk, ~anda 3anE, City Adrnini3trator, Robert Middau~h, City Attorney, 1< athryn Schroeder, rity Treasurer, JilO ~Ialone, Director of Planning, (,len Gidley, Director of Parks, Gary Warl1e, DirectJr of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of August 23, 1993 Motion by Mr Eafanti for the approval of the Minutes of August 23, 1993, seeonded by ~lr Davis i'lrs Broughaill ashe,d for a correction on Page 4, that the amount of $1,5000,000 00 be changed to "$1,500,000 00" Minutes as amended carried 8-0 CITIZENS' RIGHTS TO SPEAK There was no one present to speak PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item Emergency Ordinance regarding Pawn Shops rity Attorney, Kathryn Schroeder, explained that this Ordinance had been written to prevent the opening of any new pawnbroker's businesses within the City of Wheat Ridge, this does not affect pawnbrokers which are presently open and operating, but is limited to the present locations of those businesses, the ordinance is in effect for 90 days only Emergency Ordinance was introduced by Vance Edwards, Council bill 20 and Ordinance 937 assigned Title read by the Clerk AN EMERGENCY URDINANCE AMENDING THE r:UDE OF LAWS OF THE CITY O~ WHEAT RIDGE, COLORADO, TO ADOPT A MORATORIUM, FOR NINETY DAYS, PREVENTING THt OPENING OF ANY NEW PAWNBROKER'S BUSINESSES WITHIN THE cITY OF WHEAT RIDGE r:ity Clerk, Wanda Sang, then read the Ordinance in its entirety Todd Hills, 5990 W 44th Avenue, was sworn in by the Mayor, he would like to know what the emergency is, doesn't feel it would be very fair to charge the pawnbroker any fee for transactions, that is what salestax money is for, he will fight to the end before they have to pay per transaction (Mayor Winger asked that Mr Hills speak only to this Ordinance and not to some future Ordinance that had not even been drafted) CITY CUUNr:IL MINUTtS September 13, 1993 Page -2- Paul Simar, representing E-Z Pawn, 4595 Wadswort~, was sworn in by the Mayor, ~e gave background on E-Z Pawn, pawn shops are trying to change t~eir image, many people cannot obtain credit other than from a pawnshop Tom Lopez gave more background on the operation of E-Z Pawn Motion by Vance Edwards for the adoption of Souncil Bill 26, Ordinance 937, this Ordinance shall take effect upon passage, seconded by Mr FIasco, carried 8-0 Item 2 Council Bill 23 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-l) and Residential-Three (R-3) to Residential-Two (R-2) on land located at 10800 West 45th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-93-b) (R & J Associates) Council Bill 23 was introduced by Mr Selstad, title read by the Clerk, Ordinance No 938 assigned Mr Gidley presented the cases and entered exhibits into the record Richard Todd, 4570 Teller Street, applicant, was sworn in by the Mayor, was present to answer questions Claudia Worth, 4650 Oak Street, was sworn in bv the Mayor, asked that map adopted by Ordinance 98 be che~ked against current map to make sure that zoning is correct, lot lines are running through buildings, this is very sloppy Kevin Jones, 503 S Union Blvd, Lakewood, representing Fruitdale Baptist Church, dba r:lear Creek Valley Baptist Church, 10555 W 44th Avenue, was sworn in bv the Mayor, they have property lines running through their building, they want this cleared up and corrected Karen Scott, 10620 W 46th Avenue, was sworn in by the Mayor, she lives right behind the development, most homes are single family, even though it is zoned R-2 Motion by Mr Selstad that Case No WZ-93-6, a request for reLoning for property located at approximately 10800 W 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be approved for the following reasons 1 It is in conformance with the designations on the Fruitdale Valley Master Plan and Comprehensive Development Plan 2 It is consistent with the adjacent zoning and land use 3 Staff recommends approval, seconded by Mr Flasco, carried 7-1 with Vance Edwards voting no CITY COUNCIL MINUTES September 13, 1993 Page -3- Application bv R & J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 1u800 West 45th Avenue, Wheat Ridge (rase No WS-93-1) Motion by Mr Selstad that ~ase No WS-93-1, a request for approval of a 16-10t final subdivision plat for property located at 10800 W 45th Avenue, be approved f~r the following reasons 1 All re4uirements of the Subdivision Regulations have been met 2 Staff recommends approval With the following conditions 1 A note be added to the final plat that no construction be allowed on Lot 1 until the title has been cleared 2 If Case No WV-93-10 is not approved, a five foot right-of-way dedication occur for Owens Street and the l~ts along the south of West 45th Avenue be adjusted accordingly The developer will be responSible for sidewalk construction across the pedestrian easement, seconded by Mr FIasco, carried 7-1 with Vance Edwards voting no Mr Edwards feels there are too many mis-communications that need to be cleared up prior to approving this plat Item 3 Council Bill 24 - An Ordinance vacating an unused portion uf Owens Street between West 44th Place and West 45th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-93-10) Council Bill 24 was introduced on second reading by Vance Edwards, title read by the Clerk, Qr1Ln3nce No 939 assigned Motion by Vance Edwards that Case No WV-93-1u, a request for approval of a right-of-way vacation for an unused portion of Owens Street between West 44th Place and West 45th Avenue, be approved for the following reasons 1 No properties will be land-locked if it is vacated, 2 It is not needed for general circulation in the area, and 3 Staff and Planning Commission recommend approval With the following conditions 1 Only the northern 75 feet be vacated, 2 A utility and maintenance easement be reserved over the entire 40 feet, and 3 A pedestrian easement be reserved over the vacated portion, and a sidewalk be developed by the property owners to the east, seconded by Phil Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4 Resolution 1303 - authorizing the city of Wheat Ridge to become a member of the Joint and Cooperative Intergovernmental Agreement for a Greater Metro Cable Consortium with Municipal Corporations, Citie~ and Counties and Political Subdivisions of the State of Colorado Resolution 1363 was introduced by Mr FIasco, title read by the Clerk Motion bv Mr FIasco for the adoption of Resolution 1263, seconded by Mr Eafanti, carried 8-0 CITY CUUNCIL MINUTES September 13,1993 Page -4- Resolution 1364 - authorizing the Greater Metro cable Consortium to file for, and regulate, b~sic cable television service rates on behalf of the City of Wheat Ridge Resolution 1364 was introduced by Mr FIasco, title read by t~e Clerk Motion by Mr FIasco for the adoption of Resolution 1364, seconded bv Mr Selstad, carried 8-0 Motion by Mr FIasco that $1,500 be transferred from rity Council Account 102-795 to r:ity Council Account 102-716 to pay for memberShip costs associated with the Greater Metro Cable Consortium, seconded by Mr Selstad, carried 8-0 Motion by ~1r FIasco to hold a Special Council Meeting on Thursday, September 16, 1993 at 7 00 p m to talk with TCI, seconded by Vance Edwards, carried 8-0 Item 5 Resolution 1365 - authorizing the Mayor of the r:ity of Wheat Ridge to execute a contract by and between the State of Colorado for the benefit of the Department of Transportation, and the rity of Wheat Ridge, regarding preliminary engineering for work on 44th Avenue through the use of Federal Hazard Elimination Funds Resolution 1365 was introduced by Mr FIasco, title read by the Clerk Motion by Mr FIasco that Resolution 1365, authorizing a contract between the City of Wheat Ridge and the State of Colorado for a Federal Hazard Elimination pruject on W 44th Avenue be approved, seconded by Mr Selstad, carried 8-0 Item 6 Resolution 1366 - aut~orizing the Mayor and City Clerk to sign the Joint Use/Development Agreement for the Wheat Ridge Middle School between the City of Wheat Ridge and the Jefferson County R-1 School District for the development of site improv~ments associated with the new Wheat Ridge Middle School Development Project Resulution 1366 was introduced by Mr FIasco, title read by the Clerk Mr Middaug~ explained that t~e rity would maintain the ballfield fencing, the lighting system and related utility costs, and the toilet feci! ity Motion bv Mr fIasco for the adoption of Resolution 1366, seconded by Vance Edwards, carried 7-1 with Mr Selstad voting no Mr Selstad does not feel the City should fund R-1, we are already paying taxes for R-1 Item 7 Payment of Soccer Dues Motion by Vance Edwards Soccer Association Fall be charged to Acct No that the payment uf the Colorado State Youth dues be approved in the amount of $3,080 00 and 01-602-660, seconded by Mr Flasco, carried b-O CEfr COUNCIL MINUT~S September 13, 1993 Page -J- CITY ADMINISTRATOR'S MATTERS Robert Middaugh informed Council of the upcoming town meetings, he will serve as the moderator/facilitator at these lieetings Survey results will be discussed with citizens ~e also need public discussion on the Community Development Block Grant Program, which can be done in connection with the CAP meetings He asked that a r'ity Representative for CommlJnity Block Grant Progr31lJ for the County-wide Advisory Committee be appointed 33 soon as possible Motion by Vance Edwards to appoint Nancy Snow as representative for Wheat Ridge for this committee, seconded by Mr Selstad, carried 8-0 CITY ATTORNEY'S MATTERS Kathryn Schroeder asked for an Executive Session under Section 5 7(b)(1) of the Charter Phil Edwards so moved, seconded by Mr Eafanti, carried 8-0 ELECTED OFFICIALS' MATTERS Elise Brougham asked for a Study Session on car repairs Vance Edwards had a complaint from a citizen about TCI EXECUTIVE SESSION WAS HELD An appeal has been failed against the City by the plaintiff Cerveny The first decision that needs to be made is which attorney is to represent the City of Wheat Ridge on the appeal Motion by Mr Davis to use our current attorney (Kathryn Schroeder) in the appeal, seconded by Mr Hall, carried 8-0 The second decision to be made is to whether or not to appeal the initial decision by Judge Villano concerning the issue on the timing of the election Motion by Mr Davis not to appeal the original decision by Judge Villano, seconded by Phil Edward3, carried 5-3 with Councilmembers Selstad, Vance Edwards and Mrs Brougham voting no Motion by Mr FIasco to adjourn, seconded by Mr Eafanti, carried 8-0 rvIB{l~ing adjourne1 at 10 30 p m - )! I '~~_f~_~~_~~J~..:;____.__,~___,_,_,~_,~_ Wanda Sang, City CLerk APPROVED BY CLTY :OUVr:IL ON SEPTEMBER 27, 1993 BY A VOTE OF (. ,\~---\ ( , :/- _~~ __1c~2~~_________ Ron Selstad, Council President 8 TO 0