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HomeMy WebLinkAbout01/24/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO January 24, 1994 The City rouncil Meeting was called to order by Mayor Wilde at 7 00 p m rouncilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and rlaudia Worth Also present rity Clerk, Wanda Sang, rity Administrator, Robert Middaugh, Citv Attornev, Kathryn Schroeder, rity Treasurer, Jim Malone, Director of Planning, Glen Gidley, rhief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of January 10, 1994 Motion by Mr Eafanti for the approval of the Minutes of January 10, 1994, seconded by Mrs Behm, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to newly appointed Board and rommission Members Boyd Adsit, EDARC, Dave Matthews, EDARC, Bonnie Lilley, Parks rommissioner Mayor Wilde read Proclamation for "Know Your Neighbor Month" into the record Council President, Dennis Hall, moved that a matter be added to the Agenda regarding undergrounding on W 38th Avenue, seconded by Mr Solano, carried 7-1 with Mr Edwards yoting no CITIZENS' RIGHTS TO SPEAK There was no one present to speak PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit to allow a Wholesale Greenhouse in an Agricultural-One Zone District on property located at 5120 Parfet Street, rity of Wheat Ridge, rounty of Jefferson, State of Colorado (Case No SUP-93-6) (:lvde and Shirley LoSasso) Council Bill 35 was introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance No 949 assigned Mr Gidley was sworn in by the Mayor and presented the staff report CITY CUUNCIL MINUT~S January 24, 1994 Page -2- Clyde LoSasso, Shirley LoSasso, 5120 Parfet Street, applicants, were sworn in by the Mayor and asked for approval of their application Motion by Mrs Worth that the request for approval of lot size and lot width variances for property located at 5120 Parfet Street be approved for the following reasons 1 There is hardship involved, and 2 Staff recommends approval, seconded by Mr Solano, carriej 8-0 Motion by Mrs Worth that the request for approval of a variance to the side setback requirements be approved for the following reasons That those side setback requirements will be 18 ft to the south and 10 ft to the north, there are unique circumstances, and staff recommends approval, seconded by Mr Solano, carried 7-1 with Mr Edwards voting No Mr Edwards feels that this property can yield a reasonable return without this variance, does not believe the circumstances are unique, this is not a hardShip, negative precedent could be set, this 15 ft setback was in place when the propertv was purchased Motion by Mrs Worth that Council Bill 35, Ordinance 949, a request for approval of a Special use Permit to allow a wholesale greenhouse in an A-1 zone district at 5120 Parfet street, be approved for the following reasons 1 The wholesale use of the property is semi-industrial in nature and there is consistency with the Comprehensive Plan, and 2 Staff and Planning Commission recommend approval With the following conditions 1 The Special Use Permit be granted to Clyde and Shirley LoSasso for the operation of a wholesale commercial greenhouse, 2 Development and use of the property be in accordance with Exhibit B, as modified, 3 The driveway be expanded to 20 feet, seconded by Mr Solano, carried 8-0 Motion bv Mrs Worth that all fees for the additional variance be waived, seconded by Mr Siler, carried 6-2 with Mr Solano and Mr Edwards voting no ORDINANCES ON FIRST READING Item 2 Council Bill 38 - An Ordinance amending the rode of Laws of the City of Wheat Ridge, Colorado, adopting an Article concerning the Licensing and Regulating of Pawnbrokers rouncil Bill 38 was introduced by Mr Edwards on first reading, title read bv the Clerk Motion by Mr Edwards that Council Bill 38 be approv~d on first reading, ordered published, public hearing be set for Monday, February 14, 1994, at 7 00 p m in rity Council Chambers, Municipal Bldg , and if approved on second reading, take effect upon passage, seconde1 by Mr Solano Larry Snyder, 3300 E First Av~nue, attorney for Pawn One, was sworn in by the Mayor, he hasn't had a chance to read this Ordinance until this evening, it seems like the most rigid he has seen for Pawn Shops He spoke against several sections in the rouncil Bill CITY COUNCIL MINUTES Januarv 24, 1994 Page -3- Todd Hills, 5990 W 44th Avenue, was sworn in by the Mayor, he is the owner and operator of Pawn One in Wheat Ridge, stated he has cooperated 110% with local law enforcement agencies, feels there is a need for Pawn Shops in this City, realizes that Pawn Shops have created more work for the Police Department, feels Pawn Shops are not wanted in this City Phillip Wolfe, 3418 A South Locust, Computer Programmer for Pawn Shops, was sworn in by the Mayor, explained that he provides diskettes to Police Departments that saves them a considerable amount of time Motion carried 7-1 with Mrs Worth voting no Mrs Worth does not feel new Councilmembers have enough information to make an informed decision on this Council Bill Item 3 Council Bill 39 - An Ordinance providing for the approval of a Special Use Permit to allow a Day Care Center/Kindergarten in a Residential-Two Zone District on land located at 3516 and 3536 Jay Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-94-1) (Nina Forgo and Rose Foster) rouncil Bill 39 was introduced by Mr Siler on first reading, title read by the Clerk Motion by Mr Siler that Council Bill 39 be approved on first reading, ordered published, public hearing be set for Monday, February 14, 1994, at 7 00 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 8-0 Item 4 Council Bill 40 - An Ordinance amending the lode of Laws of the City of Wheat Midge, Colorado, to modify the number of times per year the City Code is submitted for Codification and Publication Council Bill 40 was introduced by Mrs Behm on first reading, title read by the Clerk Motion by Mrs Behm that Council Bill 40 be approved on first reading, ordered published, public hearing be set for Monday, February 28, 1994, at 7 00 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Solano, carried 7-1 with Mr Edwards voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Resolution 1386 - amending Resolution 1357 - forming a Business Development Commission Resolution 1386 was introduced by Mr Hall, title read by the Clerk Mrs Worth stated that she did not have a copy of Resolution 1357, Mr Edwards read Resolution 1357 into the record Motion by Mr Hall for the adoption of Resolution 1386, seconded by Mr Solano, carried 5-3 with Councilmembers Worth, Edwards, and Fields, voting no CITY COUNCIL MINUTES January 24, 1994 Page -4- Item 6 Resolution 1387 - adopting the rity Budget, and appropriating sums of money to the various funds and spending agencies in the amounts specified therein, for the City of Wheat Ridge, Colorado, for the 1994 Budget Year Mr Middaugh referred to a memo that had been distributed to Council tonight, rpgarding Open Space Funding He also gave Budget update January 31 has been scheduled for a budget session and a special meeting to adopt the bujget if Council so desires Motion by Mr Edwards to table Resolution 1387, seconded by Mrs Worth, carried 8-0 Item 7. Personnel rommission appointments Motion by Mr Edwards to appoint John Puckett to the Personnel Commission from District I, term to expire 3/2/95, seconded by Mrs Worth, carried 8-0 Motion by Mrs Worth to appoint Eugenia A Merkle to the Personnel Commission from District IV, term to expire 3/2/97, seconded by Mr Edwards, carried 8-0 Item 8 Park Naming for property at 33rd & Union and 38th & Owens Dorothy Thompson, 3014 Chase Street, spoke in favor of naming the park at 38th and Owens "Louise F Turner Park" Motion by Mr Edwards that the property at 38th & Owens bp named "Louise F Turner Park", seconded by Mrs Fields Mr Hall will vote against this, as a matter of principle, a public park, building, etc should not be named for someone who has taken a political stance, who has political opponents, there are many people in our City who do not agree with Mrs Turner, we should not offend these people, Mrs Turner is a controver- sial figure Motion failed 4-4 with Councilmembers Worth, Solano, Edwards, and Fields voting yes Mayor Wilde voted no (In order for the motion to pass, it would take a 2/3 majority) Motion by Mr Edwards that the property at 33rd & Union be named "Lewis !>'leadows Park", seconded by Mr Eafanti Gary Wardle gave background on the contributions the Lewis family had made to this area Mayor called for the question, failed 5-3 with Mrs Worth, Mr Edwards, and Mrs Fields voting no (raIl for the question needs 2/3 majoritv vote) Motion carried 8-0 CITY COUNCIL MINUTES January 24, 1994 Page -5- Item 9 Approv~ and adopt Vision and Mission Statements Motion bv Mr Eafanti that the Vision and Mission Statem~nts prepared by the Mayor, members of the City Council, and senior administrative staff, on December 3, and December 4, 1993, be approved and adopted as official City pOlicy, seconded by Mr Solano Mr Edwards will vote for the Mission Statement, but he will vote against the Vision Statement, he feels all citizens have a right to participate in the Vision Statement and not be bound by the decision of 20 people After discussion it was decided to split the motion to vote separately on the Vision and Mission Statements Motion on Vision Statement carried 7-1 with Mr Edwards voting no Motion on Mission Statement carried 8-0 Item 10 38th Avenue Undergrounding costs at the beginning of the meeting) (Item added to the Agenda Mr Middaugh gave the staff report Motion by Mr Solano that we allocate $1,000 00 for the design work from the Public Service Company and that after the initial design work is complete, the Public Service rompany come back for approval for an overall budget for underground utilities, seconded by Mr Eafanti, carried 8-0 CITY ADMINISTRATOR'S MATTERS Robert Middaugh advised Council of vacancies on the Board of Adjustment, and asked that the vacancies be filled as soon as possible He asked that a correction be made in the Sales Tax Ordinance that deals with the number of rental units ELECTED OFFICIALS' MATTERS Jean Fields asked for consensus that Study Session Agendas be put on Cable so that citizens can have notice to give their input Consensus was 8 in favor Don Eafanti asked if we could look into collecting tax on mail orders Dennis Hall asked for consensus not to allow public comment under first reading Consensus was 3-5 CITY COUNCIL MINUTES January 24, 1994 Page -6- Tony Solano asked what the status was on the Jocks Violation hearing City Attorney replied it would bA in February He asked for consensus to get something in writing from the rity Attorney to explore the license ronsensus was 8-0 Claudia Worth she asked Mr Resolution asked if Council ever got briefings regarding lawsuits, Middaugh to attach old Resolutions when amending a Wanda Sang asked for consensus to discuss Election rode at a future Study Session Consensus was 8 in favor Motion by Mr Solano to adjourn, seconded by Mr Eafanti, carried 8-0 Meeting adjo~rned at 9 45 p m \ _ I \ -;}) ,UtiL" '''t''-'-L' Wan d a San g ,- r it y ''5 1 e r k APPROVED BY rITY COUNCIL ON FEBRUARY 14, 1994 BY A VOTE OF ~ TO () ~~~ Dennis Hall, rouncil President