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HomeMy WebLinkAbout02/14/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 14, 1994 The City Council Meeting was callei to order by Mayor Wilde at 7 30 p m -ouncilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and :laudia Worth Also present rity Clerk, Wanda Sang, City Administrator, Robert Middaug~, City Attorney, Kathryn Schroeder, rity Treasurer, Jim Malone, Director of Planning, Glen Giiley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of January 24, 1994 ani January 31, 1994 Motion by Mr Eafanti for the approval of the Minutes of January 24, 1994, secon ,d e,i by Mr Siler, carr i ed 8-0 Motion by ~1r 1994 with the replace i by " Eafanti for the approva1 of the ~1inutes of January 31, correction that " larger transfer from the reserve" be smaller transfer ", seconded Mrs Fielis, carried 8-0 Hayor Wil.ie a,iministered the Oath of Office to Genie !:1erkle" Personnel Commissioner CITIZENS' RIGHTS TO SPEAK Geraldine Faes, 6205 W 35th Avenue, was sworn in by the Mayor, expressed concerns about Council Bill 30 as it pertains to Day Care Centers, feels her rights as a citizen have been violated since Sections 4 and 5 were not in the first publication and were added during the public hearing Mayor Wilde stated that Ms Faes wouli be contacted by the City to answer her concerns Susan Seeds, 6147 W 35th Avenue, was sworn in by the Mayor, she asked that City Council amend the review portion of the Special Use Permit Section, so that it woul j allow for legal protests Janice Thompson, 12290 W 42nd Avenue, was sworn in by the Mayor, speaking as a member of the Parks Commission, asked that a better way be established between citizens, the Parks Commission and the rouncil in naming Parks As a private citizen, she expressed her displeasure that Owens Park had not been namei Louise Turner Park Asked that the naming of this park be reconsidered Ron Patera, 4125 Pierce Street, was sworn in by the Mayor, read a 1etter into' the Recor,i that h'" hai sl]bmitted to the vJheat FlLdge Sentinel, which addressed the naming of Owens Park to Louise Turner Park Mr Patera askei that the park naming be reconsidered rITY COUNCIL MINUTES February 14, 1994 Page -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new rlass G - Hotel & Restaurant Liquor License with extended hours for ~ TAM A , Inc , doa "Colorado Cafe", 4105 Wadsworth Blvd, Wheat Riige, rolorado Nick Mikelis, 421 3 Monaco, Denver, applicant, was sworn in by the Mayor and answered Council's questions Motion by Mrs Fields to approve the application for a new Class G - Hotel & Restaurant Liquor License for N TAM A. , Inc , dba "Colorado Cafe", 4105 Wadsworth Blvd, Wheat Riige, for the following reasons 1 All applications and fees required by statute have been filed and paii, 2 Notice of hearing and posting of the premises have been accomplished according to statutory requirements, 3 The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated August 20, 1993, 4 The applicants have been cleared by the Police Department 5 The evidence adduced at the Public Hearing on February 14, 1994 established that the desires of the residents of the neighborhood under consiieration are for granting this license, as evidenced by nobody speaking against issuance of this license, seconded by Mr Eafanti, carried 7-1 with Mr Edwards voting No Mr Edwards objects that no survey was taken to establish the needs and desires of the neighborhood Item 2 Application for Transfer of Ownership for "Jocks Sport Saloon", 10051 I-70 Frontage Road North, Wheat Ridge, Colorado Claire Stehle, 14040 W 58th Avenue, Arvada, and Tracy Hill, 11815 W 56th Drive, applicants, were sworn in by the Mayor Mrs Stehle explaine i that she was the original owner of .Jocks until she sol d it 1 1/2 years ago She and her husband still own the building and are very interested in making Jocks an asset to the community They are aware of the past problems there and fully intend to pJt Jocks back together, i e trouble free Tracy Hill used to manage Balls Sports Saloon in Lakewood and has worked at the Teller House in Central rity Mrs Stehle will be the day manager, Mrs Hill the night manager They will hire another part time manager to fill in when they are not present They ~ill concentrate on builiing up a thriving lunch business and cleaning up the night business "ity Attorney, Kathryn Schroeder, informed the applicants that a liquor violation had occured at Jocks and that a violation hearing would be coming up before City Council Mrs Stehle asked that her license not be issued until after the violation hearing Motion by Mr Hall to postpone this Item until after the violation hearing, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES February 14, 1994 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item ~ Council Bill 36 - providing for the approval )f rezoning from Agricultllral-One to rommercial-One on land locatej at 4425 Tabor Street, City of Wheat Riige, County of Jefferson, State of Colorado (rase No WZ-93-9) (Heinz Silz) Council 3ill 36 was introduced on second reading by hrs Worth, title read by the clerk, Ordinance No 950 assigned Mr ~idlev presented the staff report dnd answered questions Heinz Silz, 15745 Highway 34, Fort Mor~an, applicant, was sworn in by the r1ayor, he asked for approval of the rezoninG and ~nswerei questions Motion by Mrs Worth that ~ouncil Bill 36, (Ordinance 950) a request for approval of a rezoning from Agricultural-One to rommercial-One for property located at 4425 Tabor Street, be approvej for the following reasons 1 The evaluation criteria support approval of this request 2 Planning rommission recommends approval With the following conditions 1 Development be in accordance with Exhibit "A" with the addition of the six-foot buffer along the north 2 Allowed uses of the property be all :-1 uses except any type of auto repair, cleaning, servicing, sales and storage 3 That a waiver be includej on a jevelopment agreement, where he would not be required to sign that 4 That he would be required to dedicate 10ft for road widening if and when it is widenei, seconded bv Mr Eafanti Mr Solano asked for a friendly amendment to vote on conditions 3 and 4 separately This was accepted by Motion-maker and seconi Motion with conditions 1 ani 2 carried 8-0 Condition 3 failed 1-7 with Mrs Worth voting yes rondition 4 carried 8-0 Motion by rlrs Worth that the request for approval of a buffering variance along the north si1e of property located at 4425 Tabor Street be denied for the following reasons 1 There are m unique circumstances, 2 The evaluation criteria 10 not support this request, seconied by Mr Edwards, oarried 6-2 with Mr Siler and Mr Hall voting no Item 4 rouncil Bill 37 - repealing and reenacting Section 5-77 of the Code of Laws of the rity of Wheat Ridge, adopting thereby the National Electrical rode, 1993 Edition, by reference and adopting cert~in amendments thereto rouncil Bill 37 was introduced on second reading by Mr Solano, title read by the ,lerk, Ordinance No 951 assignej Motion by Mr Solano for the adoption of -ouncil Bill 37 (Ordinance 951), seconded by Mr Edwards, carried 8-0 CIft COUNCIL MINUT~S February 1 LI, 1991-1 Page -11- Motion by Mr Edward~ to mOV2 jp Item 7 , seconded by Mr Siler, carried 8-0 Item-1__ Applic~tion by Drave ~ontract0rs, Inc , for approval of an amended final jevelopment plan for property located at 5190 Parfet Street, originally approved as ~ase No WZ-92-5 (Case No WZ-93-10) Mr Gidley gave the staff report Dennis Drake, 3911 Simms rourt, applicant, was sworn by the Mayor Motion by Mr Hall that ~ase No WZ-93-10, a request for approval of a PIO amended jevelopment plan for property located at 5190 Parfet Street, be approved for the following reasons 1 The property has been re-postei, the legal description published and adjacent property owners notified by certified mail 2 All minimum setbacks of the PID zone have been met 3 All other minimum requirements of the rID zone district have been met, seconded by Mr Edwards, carried 8-0 Item ~ Council Bill 38 - An Ordinance amending the Code of Laws of the City of wheat Ridge, ~olorado, adopting an Article concerning the Licensing and Regulating of Pawnbrokers Council Bill 38 was introduced on second reading by Mr Edwards, title read by the Clerk, Ordinance No 952 assigned Mr Middaugh referred to his memo that he had distributed tonight, which contains suggested changes to r B 38 Chief Hurst, Mr Middaugh and representatives from EZ Pawn and Pawn One had a meeting during which they reviewed the City's position and concerns As a result of this conversation the above referenced changes to the rouncil Bill were suggested John Thedford, Tennessee, was sworn in by the Mayor, he thanked Wheat Ridge Officials on behalf of EZ Pawn for working with them and being so helpful and answered questions Motion by Mr Edwards that ~ouncil Bill 38 (Ordinance 952), adopting cert~fn regulations dnd licensing requirements for pawnbrokers be approved and the ordinance be effective upon passage, seconded by Mr Eafanti Mr Edwards asked for a friendly amendment to include Mr Middaugh's suggested changes to Sections 11-181 (D), 11-183(J), 11-183(K), 11-186(B), 11-189(B) Second accepted this Mr Solano asked fJr a friendly amendment to include the fJllowing into the Or Hnance "Not withstanding the prJvisions of this Se:Jtion, neither a new license or an application to transfer an existing license, shall be rpquired upon any change dir"ctly or beneficially in the ownership of any licensej pawn shop which is owned directly or beneficially by a person that as an issuer has a class of Securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (The A~t) or is an issuer of Securities which is required to file CITY COUNCIL MINUTES February 14, 1994 Page -5- reports with the Securities and Exchange Commission pursuant to Se~tion 15 D of the Act Provided that suc~ a person files with the Police Department such information documents and reports as requirej by the Act to be filed by such issuer with the Securities and Exchange Commission Such issuer shall file information on managers, officers, and directors of such issuer or any licensej or intermediate subsidi1ry as is otherwise req'Jired of managers, officers, and directors of corporate pawnshops Mr Edwards ani second accepted this as a friendly amendment, but objected to h3iing things brought to Council at the last minute Mrs Worth askej for an amendment under Section 11-190(A) It is suggested that the hours of operation in this sub-section be amended to read as follows "A After 9 00 p m and before a 00 a m on any day the blJsiness is open", seconded by Mrs Behm, carried 6-2 with Mr Edwards and Mrs Fields voting no Todd Hills, 5990 W 44th Avenue, Wheat Ridge, was sworn in by the Mayor He is representing Pawn One and stated that he doesn't have a problem with the w3f the ordinance is being written Original Motion as amended carried 8-0 Motion by Mrs Worth to move Item 13 up to be heard now, secondej by Mr Solano, carried 8-0 Item 13 Resolution 1389 - establishing certain fees and other requirements as specified in Pawn Broker Ordinance Resolution 13M9 was introduced by Mr Edwards, title read by the Clerk Mr Middaugh explained that this Resolution had been part of the discussion with the Pawn Broker businesses He suggested that Council take the following actions Table action on the fee resolution until City rouncil Meeting of March 14, 1994 Invite EZ Pawn ad Pawn One to the March 7 Study Session to discuss the license fee Amend the Resolution to provide a May 1, 1994 effective date for the $1 00 per transaction form fee Motion by Mrs Worth that we postpone action on the Fee Resolution until the City Council meeting of March 14, 1994 Ani further move that at the March 7 Study Session, we invite EZ Pawn and Pawn One for a discussion of the license fee That we amend the Resolution to provide a May 1, 1994 effective date for the $1 00 per transaction form fee, seconded by Mr Solano Mr Solano movej for an amendment that on the March 7 Study Session onlv Sections 2 and 5 of the Resolution be dis~ussed, seconded by Mr Edwards, failed 5-4 with Councilmembers Worth, Hall, Siler, and Behm voting no Mavor Wilde broke the tie by voting no Original Motion carried 7-1 with Mr Edwards voting no rITi COUNCIL MINUTES February 14, 1994 Page -6- Motion by Mrs Worth to instruct staff to invite EZ Pawn and Pawn One to the March 7, 1994 Stuiy Session, seconded by Mrs Behm, carriej 8-0 Item 6 Council Bill 39 - An Ordinance providing for the approval )f a Special Use Permit to allow a Day rare Center/Kindergarten in a Residential-Two Zone District on land locatej at 3516 and 3536 Jay Street, rity Jf Wheat Ridge, rounty of Jefferson, State of ~olorado (~ase No SUP-94-1) (Nina Forgo and Rose Foster) (TO BE CONTINUED TO FEBRUARY 28, 1994) Motion by Mr Siler to continue this Item to February 28, 1994, seconded by Mrs Behm, carried 8-0 ORDINANCES ON FIRST READING Item 8 Council Bill 41 - An Ordinance providing for the approval Jf rezoning from Plannej rommercial Development (P:D) wit~ limited uses to Revised Planned rommercial Development (PCD) and for approval of an Outline Development Plan on land located at approximately 10201 West 43rd Avenue, rity of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-93-7) (Richard Gash for Linda K Gash Trust) Council Bill 41 was introduced by Mr Hall on first reading, title read by the Clerk Motion by !~r Hall that Council Bill 41 be approvej on first reading, ordered published, pUblic hearing be set for Monday, March 14, 1994 at 7 00 p m in rity Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Worth, carried 8-0 Item 9 Council Bill 42 - An Ordinance repealing and reenacting Section 5-121 of Chapter 5, Article IV, of the rode of Laws of the rity of Wheat Ridge, rolorado, pertaining to Contractor's License Fees Council Bill 42 was introduced by Mr Solano on first reading, title rpad bv the ~lerk Motion by Mr Solano that ~ouncil Bill 42 be approvej on first reading, ordered publishei, public he~ring 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 upon p~ssage, seconded by Mr E1wards, carrie,i 3-0 Item 10 Council Bill 43 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, to modify the party responsible for administration and enforcement of the Sales Tax Program, and to modify the number of rental units which may be o.med before being considered to be engaged in business in the rtty Council Bill 43 was introduced by Mr Edwards on first reading, title read by the Clerk CITY COUNCIL MINUTES February 14, 1994 PagA -7- Consensus was 7-1 to insert" more than 10 ResiientiaJ Dwelling Units "under Section 22 21(a) for publication purposes Motion by Mrs Worth that this be voted on as two separate motions, one be the motion for the amenjment to change the term "Treasurer" to "City Administrator", the second motion would be to define the sales tax exemption for re3idential rental properties, seconded bv Mr Solano, failed 5-3 with Councilmembers Worth, Solano, and Fields voting ves Motion by Mr Edwards that nouncil Bill 43 be approved on first reading, ordered published, public hearing be set for Monday, March 14, 1994 at 7 00 p m in rity Council ~hambers, Municipal Bldg , and if approved on second reading, take effect 1 iay after final publication, seconded by Mr Hall, carried 6-2 with Mrs Worth and Mr Solano voting no Item 11 rouncil Bill 44 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of rhapter 22, Article II of the rode of the City of Wheat Ri1ge, rolorado, pertaining to Taxation of Telephone Exchanges Council Bill 44 was introduced by Mr Siler on first reading, title read by the Clerk Motion by Mr Siler that nouncil Bill 44 be approved on first reading, ordered published, public hearing be set for Monday, February 28, 1994 at 7 00 p m in nity Council rhambers, Municipal Bldg , and if approved on second reading, take effect upon passage, seconded by Mrs Behm, carried 7-1 with Mr Edwards voting no Item 12 Council Bill 45 - An Ordinance repealing and reenacting Section ll-b4 of Chapter 11, Article III, of the Code of the rity of 'wheat Ri dge, rolorado, pertaining to Liquor Occupation Taxes Council Bill 45 was introduced by Mrs Behm on first reading, title read by the rlerk Motion by Mrs Behm that rouncil Bill 45 be approved on first reading, ordered pUblished, public hearing be set for Monday, February 23, 1994 at 7 00 p m in City Council Chambers, Municipal Bl1g , ani if approved on second reading, take effect upon passage, seconded by Mr Hall, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS I t em 14 Contract Award for Greenbelt Analysis (RFB #93-007) Motion by Mrs Worth that the contract to complete the Environmental Analysis of the Wheat Ridge Greenbelt be awarded to MDG & Associates in the amount of their fee of $23,740 I further move a contingency account be established in the amount of $1000 1 further move that the Director of Parks ad Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project $24,740 be charged to Acct 32-601-362 CITY COUNCIL MINUT~S February 14, 1994 Page -8 I further movp- that th~ funds be encumbered for the length of the project which expressly allows the expenditure of the fln~s in 1995 for this project in accoriancp with Orjinance #7b7, 1989 Series, seconded by Mr Edwards, carried 8-0 ItellJ 15 CONSENT AGENDA - - A) Resolution 13~O - adopting revised fees f0r Liquor Licenses B) 1994 Tree Repl~cement Program C) 1994 Police Car Replacement D) 1994 Software M~intenance for Police Department E) Approval for Employee Training Expenditure F) 1994 Criminal Investigation Division Vehicle Leases G) 1994 Special Investigation Unit Undercover Car Leases Motion by Mr Edwar~s that Items A) through G) be approved, seconded by Mr Solano, carried 8-0 CITY ADMINISTRATOR'S MATTERS Robert Middaug~ askei if "ouncil wished to discuss outside contributions during the March 7 Study Session in addition to the Pawn Shop Resolution He also asked if :ouncil wished to invite organizations that had asked for contributions Consensus was d in favor to only discuss criteria for contributions CITY ATTORNEY'S MATTERS Kathryn Schroeder stated that she hai received several phone calls from citizens with legal questions regarding petitions being passed It is not her position as City Attorney to give legal advice to private citizens She wants Council to know that she is telling them she represents the City and it wouli be inappropriate for her to give them aivice ELECTED OFFICIALS' MATTERS v anc~_J: dward s ask e i a bout the Resol1lt ion regar~ ing the Zip rodes Al so urged the '"ounty to stuiy where they use our tax dollars Mr l~iddaugh repl ied that 'Ie will attend a meeting on the 23r.d of February with the County where this will be iiscussei Mr Edwards also explained about the petitions being passed regarding the widening of 38th Avenue, he thinks this issue should be left alone, oncouraged citizens not to sign this petition GITY COUNrIL MINUTES February 11~, 1994 Page -9- Tony Solano askej for up\date on 38th Av-=nue Claudia Worth asked that a letter from the Army Corps of Engineers be forwarded to an applicant. She would like to see the liquor license training continued Asked that Mr Middaugh work with the Chief and rity Clerk to set up tr~ining program She would like to see Uevelopment Agreements brought to a study session so that Council could be aware how th-=y affect businesses and pl"i vate citizens if th-=y decide to expand their homes Motion by Mr Edwards to aijourn, seconded by Mrs Behm, carried 8-0 Meeting adjourned at 10 25 p m .I VI a n j a-Siing';-..-;;;':Cfy-Eferk------.--.-.-------- APPROVED BY rITf COUNrIL ON FEBRUARY 28, 1994 BY A VOT~ OF 8: to cJ ~ H -a-f:f;-r 0 uno i fPrps[dent------ [fen n i's