HomeMy WebLinkAbout06/22/1992
CITY COUNCIL MINUTES
CITY OF wHEAT RIDGE, COLORADO
June 22, 1992
The City Council Meeting was callei to order by the Mayor at 7 30 p ffi
rouncilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil
Eiwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also
present City Clerk, ~anda Sang, City Aiministrator, Robert Middaugh,
City Attorney, John Hayes, City Treasurer, Jim Malone, Director of
Planning, Glen Gidley, Director of Parks, Gary wardle, Director of
Public Works, bob Goebel, staff, and interestei citizens
APPROVAL OF MINUTES Of JUNE b, 1992
Motion by Mr Eafanti for the approval of the Minutes of June 8, 1992,
seconiei by Mr Selstai, carriei 8-0
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
City Attorney, JOhll Hayes, askei City Council to hol j an Executive
Session under Section 5 7(b)(1)(B) of the Charter The purpose for this
session is to holj a legal consultation for Items 1 and 6 pertaining to
information received after the Agenda packets were distributed
Vance Edwards so moved, seconded by Mr Davis
Mr FIasco asked to add the discussion of planned acquisition to the
Executive Session
Motion carried 8-0
EXECUTIVE SESSION WAS HELD
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1 Public Hearing on 3~th & Allison Agreement
James Erfurdt, 8510 W 10th Avenue, was sworn in by the Mayor, he owns
business on W 35th Avenue, explained background as to why Allison
Street was closed off, all the traffic now goes thrOugh the Wheat Ridge
Plaza complex, which is a private road, 78% of the people who live there
are senior citizens, cars create a dangerous situation there, they are
whole-heartedly in favor of opening Allison Street
Tom Lundy, 3502 Allison Street, was sworn in by the Mayor, referred to
his letter that was part of the Council packet, has lived at his address
for 31 years, asked that if Allison Street wouli be re-opened, his
property be restorei to the way it was 7 years ago
After discussion it was decided to add a paragraph to restore Mr
Lundy's property Mr Goebel was instructed by the Mayor to work with
Mr Lundy on this matter
CITY COUNCIL MINUTES
June 22, 1992
Page -2-
Albert E Anderson, r~~resenting pro~erty owners, complim~nt~d Mr Haye~
and Council on trying to g~t thi~ compromis~ resolv~d
Motion by Mrs Brougham to approve the revokabl~ license agre~ment
regarding 35th & Allison as amended in paragraph B ani to aid a new
paragraph that Mr Lundy's property be restor~d as it wa~ prior to
closure and that all sight probl~ms be remov~d, such as the wooden fence
and the fence be replac~d with a chain link f~nc~, and that the City
work with hr Luniy, ~~conied by Vanc~ Edwards Mr FIasco 8sked for a
fri~ndly am~ndment that this also include the other property (Moody's)
This was acceptei Motion carried 8-0
Motion to continu~ Items 7 ABC from the June 8 Ag~nda to the next
meeting in case th~re isn't an agreement, ~~conied by Mr FIasco,
carri~d 6-2 with Mr~ Brougham anrl Vance Edwards voting no
John Hayes referred to th~ Agreement in the packet and stated that if
Council approv~s it, it will probably be signed within a week Bob
Goebel explained that the traffic ~ignal at 38th & Allison had be~n
installed because of a sight distance probl~m This probl~m still
~xists ani can only be solved by r~locating the property owner's fence
After discu~sion, John Haye~ sugg~sted to change paragraph 8 to read
"To further ii~courage thru traffic within th~ Allison Street
neighborhood, the City agr~es that it will mak~ a study to r~mov~ ~aid
traffic signal within the presently cuntemplat~d time frame of sometime
in 1993, funds permitting, and if th~ sight distance issues for south
bound Allison Street resid~nt~ north of 36th Avenue are resolved"
Item 2
Council Bill 14 - An Ordinance amending the zoning code of the
Code of Law~ of th~ City of Wheat Ridge relating to sideyard
setbacks and garages within the various residential zone
districts
Council Bill 14 was introduc~i by Mr
read by the rlerk, Ordinance No 899
Selstad on s~cond r~ading, titl~
assigned
Motion by Mr Selstad for the adoption of Council Bill 14 (Ordinance
899), s~conded by Vance Edwards, carried 7-1 with Phil Erlwards voting
no
ORDINANCES ON FIRST READING
It~m 3
rouncil Bill 15 - An Ordinance a~ending the Wheat Ridge
Municipal Code to increa~e the jurisiictional amount of the
th~ft, th~ft by check, and criminal mischi~f ordinances to
$400 00, in accordanc~ with r~c~ntly enacted ~tatutory law
Council bill 15 wa~ introduc~d by Mr Davis on fir~t reading, title
read by the Clerk
CITY COUNCIL MINUTES
June 22, 1992
Page -3
Motion by Mr Davi~ that rouncil Bill 15 b~ approved on first reading,
order~d publi~h~i, public hearing be set for Monrlay, July 13, 1992 at
7 30 p m in City Council Chamber~, Municipal bldg , ani if approved on
seconi reading, take effect 15 iays after final publication, secondei by
Mr Shanley, carried 8-0
Item 4
Council Bill 1b - An Ordinance providing for the approval of
rezoning frow Restrictei-Cowm~rcial to Commercial-One on land
locat~j at 4bOl Harlan Street, City of Wheat Ridge, County of
Jefferson, State of Colorajo
(rase No WZ-92-3)
Council Bill 16 was introduced by \ianc~ [dwaris on first reading, title
reai by the Clerk
Motion by Vance Edwaris that Council Bill 1b be approved on first
reading, ordered published, public hearing be set for Monday, July
27, 1992 at 7 30 p m in rity Council Chambers, Municipal Bldg , and if
approved on second reading, take effect 15 iays after final publication,
seconded by Mr Davis, carri~d b-O
IteDJ 5
Council Bill 17 - An Ordinance proviiing for the rezoning from
Planned Indu~trial Dev~lopment District to a Modifiej Planned
Iniustrial Development Di~trict and approval of a combined
outlin~ and final d~velopment plan ani plat on land locat~d at
5190 Parfet Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-92-5)
Council Bill 17 was introduced by Phil Edwards on first reading, title
read by the Clerk
Motion by Phil Edwards that Council bill 17 be approved on first
reading, ordered published, public hearing be ~et for Monday, July 27,
1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if
approved on s~cond reading, take effect 15 jays after final publication,
seconded by Mr Shanley, carried o-u
DECISIONS, RESOLUTIONS, AND MOTIONS
Item b
Resolution 1294 - approving an Intergovernmental Agreement
between the City of Wheat Ridge and the Wheat Ridge Economic
Development anrl Revitalization Commission, and authorizing the
Mayor and City Clerk to ex~cute said Intergovernmental
Agreement
(Po~tponed from Jun~ 8, 1992)
John Hayes presented the background on the intergovernmental agreement,
explain~i changes alreaiy made, and sugge~ted additional change~
Mr Flasco concurred with Mr Hayes
CITY COUNCIL MINUTES
June 22, 1992
Page -4-
Ann Pitinga of EDARC wa~ pr~sent and answered Council's qu~stion~
Motion by Mr FIasco for the adoption of R~solution 1294 with the
amendment to change the $79,000 to $90,000, changing the date for the
list of project~ compiled by the City Council to July 31, to take out
the words "on or about March 1, 1993 in Section 10, seconded by Vanc~
Edwards
Vance Edwards asked for a friendly amendment to chang~ in paragraph d
the word "liai~on" to "ex-officio member" Mr FIasco accept~d this
Motion carried 6-1 with Phil Edwards voting no and Mr Davis ab~tdining
Item 7
hesolution 1295 - designating the Wheat Ridge Post Office
Building as an historically significant structure
hesolution 1295 was introduced by Mr Selstad, title read by the Clerk
Motion by Mr S~lstad for the adoption of Resolution 1295, seconded by
Mr Vance Edward~
Bob Olson, 5050 Raleigh Str~et, representing the Wheat Ridge Historical
Society, was sworn in by the Mayor and offered to answer Council's
que~tions
Motion carried b-O Mrs Brougham a~ked that ~igned and sealed copi~s
of he~olution 1295 be mailed to the president of th~ Historical Society
or ~lr Ol son
Item 8
Resolution 1296 - adopted pursuant to th~ requir~m~nts of
Colorado Revised Statutes 16-13-702(2) a~ required in SB
92-204, appointing a committee to d~termin~ the di~position of
forfeited property and proceeds
hesolution 1296 was introduced by Vance Edwards, title read by the
Clerk
Chief of Police, Jack Hurst, was present and answered questions
Motion by Vance Edwards for the adoption of Re~olution 129b, seconded by
Mr FIasco, carried d-O
Item 9
A Re~olution 1297 - calling for a special el~ction to vote on
a proposed 1/2% sales tax increase for the purpose of expanding
and renovating the existing municipal building, increase to
terminate in six years
B Resolution 129B - calling a special election to vote upon d
proposed sale~ tax increase of 1/2% for recreation center, tax
would terminate in six y~ar~
C R~~olution 1299 - calling for a special ~lection to vote on
the que~tion of retaining a 1/2% increa~e in the rate of sale~
tax beyoni the period of ~ix years
CITY COUNCIL MINUTES
Jun,:; 22, 1992
Pag,:; -5-
Re~olution 1297 was introduced by Mr Shanley, title read by the Clerk
Arie Verrip~, 1S Hillsiie Drive. wa~ sworn in by the Mayor, spoke in
full support of Resolutions 1297 ani 1298, suggested that we might add a
few words that might make it pos~ible to gu with another option than to
remodel the existing builiing, he suggested that the question be changed
to read tu provide for the a:1ditional building s{..lace by either
expanding and renovating the existing Municipal Building or the purchase
or construction of a separate building He is in favor of Resolution
1~99, but concernei about it, urged the possibility to go along without
it and wait for six years
kr Selstad asked that "furnishing and equipping" be added after
"building space"
Motion by kr Shanley that the City Council seek the approval of the
citizens of Wheat Midge for 1/e% ~ales tax increase in order to finance
the construction of up to 20,300 square feet of additional municipal
office space to house police iepartment operations, to renovate the
existing municipal otfice building facility and to equip the entire
facility as requirei at an estimated project buiget of up to 4 4 million
dollars I also move that in the title of Resolution 1297 the change be
made to include not only expanding but either the purchase or
construction of a separate building and these words be put in the title,
the third Whereas and the ballot title, and that Resolution 1297 be
adopted with these amendments, seconded by Mr Selstad
Mrs Brougham asked why use tax was not included in the question
Hayes stated that voters did not neei to vote on use tax
In all the discussions for these two ballot questions the amount
income based per year was 3 million, based on sales and use tax
Brougham asked that the record reflect this
Mr
of
Mrs
Motion by Mrs Brougham to amend the ballot questions that the word "u~e
tax" be put in all the appropriate places in the Resolution and the
ballot question, seconded by Mr FIasco, failed 4-4 with Councilmembers
Phil Edwards, Davis, Selstad, ani Shanley voting no Mayor Winger also
voted no Motion failed 5-4
Motion by Mr FIasco to amend the ballot title to read "Shall the
Wheat Ridge City Council be authorized to enact an Ordinance increa~ing
the rate of local sales tax by 1/2 of 1% to provide for additional
building space and the furni~hing and equipping thereof, by either
expanding and renovating the existing municipal building or by the
purchase or construction of a separate building The 1/2 of 1% increase
in sales tax shall terminate in six years or upon completion of the
project as definei, whichever occurs sooner", This was accepted a~ a
friendly amendment by motion maker and second
The reason Mr Fla~00 wants the question to read this way, is that the
building might be paid for in 4 years or sooner and he doesn't want
staff or City Council to feel they have additional money and start
modifying the project Mr FIasco does not endor~e the project, but
feel~ the public ha~ a right to vote on this
CITY COUNCIL MINUTES
June 22, 1992
Page -6-
Motion carried 7-1 with Mr Davi1 voting no
Re1olution 1298 was introduced by Mr S~anley, title read by the Clerk
Motion by Mr Shanley for the adoption of Resolution 1298, seconded by
Mr Sel1t3d
Motion by Mr FIasco for a friendly amendment to include in the ballot
title" shall terminate in 1ix years or upon completion of the project
defined, whichever occurs sooner " This was accepted as friendly
amen,dment
MotiJn by Vance Edwards that the words sales/use tax be used in all
three ballot questions, seconded by Mrs Brougham, failed 4-4 with
Councilmembers Phil Edwards, Davis, Shanley, and Selstad voting no
Mayor Winger broke t~e tie by also voting no Motion failed 5-4
Original motion carried 8-0
Resolution 1299 was introduced by Mr Shanley, title read by t~e Clerk
Motion by Mr Shan]ey for the adoption of Resolution 1299, seconded by
Phi] Edwards
Mr Shanley pointed out that this money would pay for personnel and
upkeep for the facilities
Mr Phil Edwards asked for a friendly amendment to add after
September 8, 1992 "for the purpose of operating, maintaining and
staffing the new facilities in the future" Mr Shanley accepted this
friendly amendment
Mr FIasco moved to
Edwards, failed 4-4
and Davis voting no
Motion failed 5-4
amend that it read sa]es/use tax, seconded by Vance
with rouncilmembers Phil Edwards, Shanley, Selstad,
Mayor Winger broke the tie by also voting no
Mr FIasco will vote against this Resolution This is addressing
something 6 years in the future
Mr Selstad will vote against this Resolution This is not the time to
vote on this Keep it simple
Mr Davis will vote against this because he wants people to vote on
building the facilities not on an increase in taxes
Mr Shanley asked Mr
to allow the money to
agreed
Phil Edwards to rescind his friendly amendment and
go into the general fund Mr Phil Edwards
Mr FIasco called for the question, seconded by Mr Selstad, carried 7-1
with Mr Shanley voting no
CITY COUNCIL MINUTES
June 22, 1992
Page -7-
Vote on original motion failed
FIasco, and Selstad voting no
yes Motion carried 5-4
Motion carried 5-4
4-4 with Councilmembers Brougham, Davis,
Mayor Winger broke the tie by voting
Motion by Vance Edwards to suspend the rules and go past 11 00 pm,
seconded by Phil Edwards, failed 4-4 with Councilmembers Brougham,
FIasco, Shanley, and Davis voting no Mayor Winger broke the tie by
also voting no Motion failed 5-4
Meeting adjour ed at 11 00 p m
J "erk
APPRU,V/ CIT~ CuUNCIL ON JULY 27, 1992 BY A VOTE UF
/L"r~ / LL/tr"--~
Kent Davis, Council President
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