Loading...
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 8 TO o