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HomeMy WebLinkAbout09/28/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 28, 1992 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, John Hayes, City Treasurer, Jim ~alone, Director of Planning, Glen Gidley, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of September 14, 1992 Motion by Mr Eafanti for the approval of the Minutes of September 14, 1992, seconded by Phil Edwards, carried 8-0 CITIZENS' RIGHTS TO SPEAK Geoffrey Wodell, 3935 Garland Street, was sworn in by the Mayor, he addressed W 38th Avenue, feels that four members of Council and the Mayor are unable to make decisions or they are unable to live with the decisions that are made, urged that they resign and let somebody run that can make iecisions He also spoke about Item 6 on the Agenda, Expansion of Municipal Building, the voters just said no, and yet according to the memo, 4 members of Council and t~e Mayor have decided who cares what the citizens want Remember that Elected Officials work for the citizens, the citizens don't work for them Charles Dalbec, 3&10 Garrison Street, was sworn in by t~e Mayor, Mr Wodell had expressed his concerns John Williams, 3900 Garland Street, was swurn in by the Mayor, he is in favor of 3 lanes for 38th Avenue, the Mayor and some members of this Council are acting foolishly and irresponsibly Dianna Fisher, 9450 W 38th Avenue, was sworn in by the Mayor, concerned about the widening of 38th Avenue, why do we need to this again? S~e doesn't want a highway in front of her home Council cannot make a decision, maybe we need somebody who can she is go over If this Lisa Rosson, 9490 W 38th Avenue, was sworn in by the Mayor, she stated that the City's public hearing process is a farce City Council does not listen to people, not even at the polls, or the rity Hall expansion would not be on the Agenda 44 feet won't work on 38th Avenue, it will make ingress and egress difficult, if not impossible, excessive removal of live trees and foliage, creates a hazardous crossing situation for school-age children, costs nearly one quarter of a million dollars more, buses will still be impeding traffic, the homes along 38th Avenue will be non-conforming, therefore nearly impossible to improve upon, property values will drop ani families will leave (ITY COUNCIL MINUTES September 28, 1992 Page -2- You know it and you don't care An organization called "Throw the hypocritical rascal~ out" describes ~er feelings perfectly It's pat~etic that those views apply even at our local level of government She quoted "I am appalled at your arrogance You totally ignore the wishes of your constituents while pandering your special interest f~iend~, I am irate that you lie to us w~enever it serve~ your purpose I am contemptuous of your hypocritical, self-serving, inept, spineless character you so brazenly display And t~en sneak t~is vote in the middle of the night to screw the citizens I respectfully request that thi~ statement be transcribed and be attached as part of the official record of this meeting " Mollie williams, has a business at 5075 Tabor Street, asked for an update on what Code Enforcement has done about t~e golf driving range and also to make 3 report on what the driving range has done to her The receiver has directed the golfers to the west ~ide and the Williams are getting all the golf ball~ now Mr Hayes pointed out the Ordinance on first reading on the Agenda, he has met wit~ the receiver, has been told the lights have been turned of Teresa Dalbec, 3810 Garrison Street, was sworn in by the Mayor, askerl that City Council stand by their vote of August 24, 1992, a mockery was made of City Council's own procedure when rouncilmember Eafanti brought this back and not even during proper reconsideration Citizens w~o want the t~ree lanes are not ignorant, a 44 fOJt width is a hope by special interest group~ to sneak in a three lane plan that will be turned overnight to 4 lanes by the Council at a whim Something fishy is going on Who is lobbying (ouncil? T~row out the Ordinance and adhere to 3-1ane, 36 foot design Margaret Putz, 3805 Garrison Street, was sworn in by the Mayor, is puzzled by the seemingly ulterior motives of reconsidering W 38th Avenue, citizens would prefer 2 lanes with passing lane, requested that Council remember this is a suburban community with country atmosphere, don't pollute, don't take out t~e trees She also expressed concern about access from sidestreet~, children crossing the street, increased accidents She appealed to Mayor and Council to stick with the decision made on August 24, for 3-1ane, 36ft design with sidewalk and bike path David Wagner, 9630 W 38th Avenue, was sworn in by the Mayor, thanked the members of Council who voted for 3-lane, 36 ft design, but chastised the Mayor and the rest of Council for thinking that the citizens are sheep who don't know what'1 going on Council is ~pending money, people are tired of being taxed, live within your means Annette Mulholland, 3830 Holland Street, was sworn in by t~e Mayor, expressed disappointment with the turn of events on 38th Avenue, 550 ~ignatures speak for many people, should this Ordinance be adopted, please give a clear choice on the ballot for either 36 ft or 44 ft SITY COUNCIL MINUTES September 28, 1992 Page -3- City Clerk, Wanda Sang, read a letter into the Taylor Webb, 3825 Garrison, addressed to Mayor Webb was appalled at the reconsideration of W body is not listening to citizens There is a thl:: bums out" record from Margaret and City Council Mrs 38th Avenue, governing rising opinion of "throw PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 17 - An Ordinance providing for the rezoning from Planned Industrial Development District to a Modified Planned Industrial Development District and approval of a combined outline and final development plan and plat on land located at 5190 Parfet Street, rity of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-92-5) Council Bill 17 was introduced on second reading by Vance Edwards, title read by the Clerk, Ordinance No 904 assigned Mr Gidley pre~ented the case and entered exhibits into the record Dennis Drake, 3911 Simms rourt, applicant, was sworn in and asked for approval Motion by Vance Eiwards t'1at rounci 1 Bill 17 (Ordinance 904), a request for approval of a combined outline and final development plan and plat for property located at 5190 Parfet Street be approvei for the following reasons 1 All requirements and standards for a pl~nned industrial development have been met, 2 All requirements of the Subdivision Regulations have been met, and 3 Staff and Planning Commission recommend approval Wit~ the following conditions 1 The legal description be revised to meet City st~ndards, 2 The legal description be added to the plan face, and 3 A note be arlded to the plat regarding use of the ingress/egress easement, seconded by Mr Selstad, carried 8-0 Item 2 Public Hearing on application by Jolly Rancher for Leaf, Inc for approval of an amendment to a final development plan and consolidation plat for property located at 5060 Ward Road (Case No WZ-92-8) Mr Middaugh stated that the applicant had requested that t~is item be continuerl until October 12, 1992, Mr Shanley so moved, seconderl by Phil Edwards, carried 8-0 CITY COUNCIL MINUTES September 28, 1992 Page -4- ORDINANCES ON FIRST READING Item-L Council Bill 22 - An Ordinance submitting to the Registered Electors of the City of Wheat Ri~ge the question of a t~ree traffic lane desit,ll within a 44-foot curb-to-curb roadway width for West 38t~ Avenue between Co~y Street and Kipling wit~in the City of Wheat Ridge, Colorado, and calling a Special Election for said question Council Bill 22 was introduced by Mr Eafanti, title read by t~e Clerk Motion by Mr Eafanti t~at Council Bill 22 be approved on first reading, ordered published, public hearing to be set for Monday, October 26, 1992 at 7 30 p m in City Council C~amber5, Municipal Building, and if approved on second reading, take effect 1 day after final publication, seconded by Phil Edwards Phil Edwards asked for a friendly amendment that the all three options presented on August 24 be put on the ballot 36 ft, 3- lanes, 44 ft, 3-lanes, 44 ft, 4-lanes Motion-maker accepted t~is as a friendly amendment Mr Davis will vote against this because we have been dragging this back and forth, taking it to electors is expensive and he thinks Council can make this deCision He wants everybody to know he is not intimidated by anybody, but t~is should be put to rest Mr Selstad moved to amend t~e main motion to address only the width of the street and to only give two options, either 36 feet or 44 feet, striping can be addressed later by Council, seconded by Mrs Brougham Phil Edwards will vote against this amendment because he wants provisions about the striping be addressed by the voters This needs to be resolved by the voters Motion by Vance Edwards to table this Ordinance, seconded by Mr Selstad, failed 3-5 with Vance Edwards, Mr Selstad and Mrs Brougham voting yes Vote on Mr Selstad's amendment failed 2-6 with Mrs Brougham and Mr Selstad voting yes Mr Phil Edwards clarified his amendment to have Mr Hayes work out t~e wording to have one question on the ballot addressing the width of the street, either 36 feet or 44 feet and anot~er question how to stripe the 44 feet width if it passes Vote on original motion as amended failed 3-5 with Councilmembers Phil Edwards, Eafanti and FIasco voting yes CITY COUNCIL MINUTES September 28, 1992 Page -5- Item 4 Council Bill 23 - An Ordinance amending Chapter 15, Nuisances, of t~e Code of Laws of the City of Wheat Ridge by adding a Section 15-30, Specified Activities Prohibited at Golf Driving Range~, and providing a penalty for violation thereof Council Bill 23 was introduced by P~il Edward~ on first reading, title read by the Clerk Mr Hayes explained the reason~ He suggestei that in Section 1 <;tricken and the content of this rouncil Bill (a) t~e words "for purcha~e or" be Motion by Phil Edwards that rouncil Bill 23 be approved on first reading as amended by the City Attorney, ordered pUbli<;hed, public hearing be set for Monday, October 26, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on ~econd reading, take effect 1 day after final publication, ~econded by Vance Edwards Mr Sel~tad asked for an amendment to add t~e words "or has received permission" under Section 1 (c) after who has paid any consideration " Motion-maker and second accepted this as a friendly amendment Motion carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Resolution 1314 - temporarily waiving building permit fees for home hearth appliances - section 304 of the Uniform Mechanical Code Resolution 1314 was introduced by Mrs Broug~am, title read by the Clerk Motion by Mrs Brougham for the adoption of Resolution 1314 and have it publiCized in the paper and the community acces~ channel, seconded by Vance Edwards, carried 8-0 Item 6 Expansion of Municipal Building Mr Middaugh presented the proposed changes to the building Mr Davis objected to the way t~is item was presented The memo read that at the request of the Mayor and four members of the City Council, the staff has prepared additional information relative to an expansion of the municipal building Mr Davi~ requested that in the future t~e Councilmembers be named and that requests like thi~ be brought up at a public meeting not a telephone poll of Councilmember1 Mr Phil Edward~ declared for the record that he was one of the four Councilmembers Mr Sel~tad al~o stated that he was one of the four He simply wants to addres~ the i~sue and doesn't necessarily endorse what is presented ~ere rITY SOUN~IL MINUTES September 28, 1992 Page -6- Mr Shanley also was one of the four, he did not hear the voters say, don't take care of the problem, they only said "no new taxes" Vance Edwarjs was the fourth rouncilmember that had this item placed on the agenda This problem needs to be addressed He has not endorsed the presented plan Motion by Mr Davis to place t~is item on a Special Study Session after our budget hearings, so we know what is available This item is to be set for October 19, 1992, seconded by Mr FIasco, carried 7-1 with Mr FIasco voting no The reason Mr FIasco voted no, is that he has a previous committment and won't be able to attend this meeting City Clerk, ~anda Sang, read a letter into the record addressed to Mayor and City ~ouncil from Wheat Ridge United Neighborhoods The letter expressed shock and dismay at the proposed expansion of City Hall Item 7 Waiving of hiring freeze for Street Department vacancies Mr Middaugh referred to his memo regarding this item and answered Council's questions Motion by Mr Davis that the City's hiring freeze be waived to permit maintenance worker in the Street Division and to wait until after the budget sessions to address the second, seconded by Vance Edwaris, carried 7-1 with Mr FIasco voting no Item 8 Appointments to Boards and Commissions (suggested by Sommittee for City Affairs) Motion by Mr Selstad to take Item 8 off the table, seconded by Vance Edwards, carried 8-0 Mr Selstai asked that Board appointments be again listed on the next agenda since there are still some vacancies, one on the Arborist Board and one on the Personnel Commission Consensus was 8-0 to put this on the next agenda T~e Committee for City Affairs met prior to the meeting and maje the following suggestions Motion to appoint David Capra to the Civil Service Commission from District I, term to expire March 2, 95, seconded by Vance Edwards, carried 8-0 Motion to appoint Alfred Dooley to the Board of Adjustment from District III, term to expire March 2, 1994, seconded by Mr Eafanti, carried 7-1 with Mrs Brougham voting no Mrs Brougham asked that the record reflect that we had 4 applications for this position, t~is appointment is to replace a woman that was on the board and Mrs Brougham wanted a woman applicant as her first choice for the replacement, her second choice also was not Mr DOOley, therefore she will vote against this CITY COUNCIL MINUTES September 28, 1992 Page -7- Motion by Mr Selstarl to appoint Emery Dorsey to the Parks Commission from District IV, term to expire March 2, 1993, seconded by Vance Edwards, carried 8-0 CITY ADMINISTRATOR'S MATTERS Robert Middaugh apprised Council of the Study Session meeting with the Cable people, if Council has any comments t~ey would like to include in his memo, please let him know He gave update on financing for undergrounding on W 1% from Public Service will not be enough, the City money from their public improvement fund He asked guidance as to how to proceed 38th Avenue would have pay for Council The out He suggested that the rity refinance their result in considerable savings to the City undergrounding could be combined existing bond, which would Perhaps this bond and the Vance Edwards insisted on a these bonds asked for consensus to refinance these bonds Mr FIasco written legal opinion from Mr Hayes as to the legality of Until then he will vote no Consensus was 7 in favor Mr Selstad asked that the discussion for undergrounding be added to the October 5 Study Session along wit~ the discussion regarding Cable TV Consensus was 8 in favor CITY ATTORNEY'S MATTERS John Hayes will attend a CML meeting at which Amendment 1 and Cable TV will be discussed Litigations are way down Referred to his memo attached to packet and asked that rouncilmembers contact him with their priorities ELECTED OFFICIALS' MATTERS Mayor Winger addressed Resolution 1310 and asked for a minor change to satisfy the bank requirements Vance Edwards so moved, seconded by Mr Selstad, carried 7-1 with Mr Davis voting no Motion by Vance Edwards to adjourn, seconded by Mr Davis, failed 3-5 with Council members Davis, Shanley and Vance Edwards voting yes Phil Edwards asked that citizens who have cable problems call him this week, so that they can be addressed next Monday night Tony FIasco asked for consensus to be allowed to attend the steering committee for human development policy committee at the National League of Cities meeting in New Orleans, consensus was 5 in favor CITY COUNCIL MINUTES September 28, 1992 Page -8- Don Eafanti expreRserl di~appointment at some of t~e language u~erl by hiR own peers Ron Selstad asked if we harl an orrlinance against boats and trailers and RV's parked on public ~treet~ If we don't, ~e would like to have one brought in Bill Shanley harl a neighbor that was cited for this, so we must ~ave an Ordinance He moved to adjourn, seconded by Mr Eafanti, carried 8-0 Meeting adjournei at 10 12 p m rk APPROV~ CIT: COUNCIL ON OCT0DER 12, 1992 BY A VOTE OF _2.: .__~ A~~ _ Kent ~avis, Council PreRident 6 TO o