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HomeMy WebLinkAbout06/28/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 28, 1993 The ritv r:ouncil Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Kent Davis was absent due to being out of town (He left sealed envelopes with votes on certain agenda items) Also present City r:lerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, Director of Parks, Gary Wardle, staff, and interested citizens APPROVAL OF MINUTES of June 14, 1993 Motion by Mr Eafanti for the approval of the Minutes of June 14, 1993, seconded by Phil Edwards, carried 7-0 Mr Selsta~ noted the Minutes were correct, however, in the Minutes under Citizens Right To Speak it states that a vote was taken which was six in favor of allowing Mr Shanley to vote on his successor, this was not his understanding of the vote even though, after listening to the tape, the Minutes are verbatim, it will be addressed again under Item 10 and will be resolve~ PROCLAMATIONS AND CEREMONIES Bill Rutherford was not present at the meeting, therefore, Mayor Winger will swear him in sometime next week as a Civil Service Commissioner Mayor Winger read the letter of resignation from Bill Shanley as City Council member of District IV The Mayor then presented Mr Shanley with a plaque CITIZENS' RIGHTS TO SPEAK William A Kemper, 7363 w against the Greenbelt Path alone and save the money 26th Place, was sworn in by the Mayor, spoke study He felt the city should leave it Lou Clements, 3825 Carr Street, was sworn in by the Mayor, advised Council the problems he had with the r:ity when he requested someone come and pick up the skunk he accidently trapped when trying to trap squirrels in a private trap CITY COUNCIL MINUTES June 28, 1993 Page -2- Motion by Mr Selstad to add as Item 11, Council and Mayor compensation, seconded by Vance EJwards Mr FIasco will be voting no, he felt this should be brought up at bUJget time, we are not following Council Rules, which state that items for Agenda are to be noted the Wednesday before the Council Meeting anJ should be included in the packet Phil Edwards will be voting no, he stated that the normal process should be followed and the item be placed on the Agenda Vance Edwards advised that Mr Selstad is following the rules and has every right to ask that something be placed on the Agenda at the beginning of the meeting, budget meetings are not televised and citizens have no opportunity to observe unless they come to the meetings Mr Selstad clarified his motion by stating that this would have to go through first and second Ordinance reading anyway and wanted that item on the Agenda tonight so r:ouncil could call for a motion on First Reading as per procedure Motion failed 3-4, with Vance Edwards, Elise Brougham, and Mr Selstad voting yes LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application from Hotel Payroll Services, Inc , dba "Tabor Lake Inn", 12100 W 44th Avenue, Wheat Ridge, CO , for a new Hotel & Restaurant Liquor License with extended hours City Clerk, Mrs Sang, explained the procedure of a new liquor applicant and requested Council to decide if a survey is requested or be waived and a public hearing set Motion was made by Mr Flasco to set a 1-mile radius and order a survey to establish the needs and desires of the neighborhood and to set the public hearing date for August 9, 1993, order the property posted and the public hearing published in a newspaper of general circulation in the City of Wheat Ridge, seconded by Vance Edwards Discussion was held Phil Edwards will be voting against this Motion, neighborhood has not changeJ, they have had a minimum amount of problems, it would be ludicrous to put them through a survey again CITY COUNCIL MINUTES June 28, 1993 Page -3- Mr Shanl~y will also be voting against this Motion, the establishment is trying to rejuvenate, license could expire before survey procedure is complete and would not be able to operate, Council should support this transition and not cause more difficulty for them, neighborhood has not changed Motion carried 4-3, with Mr Eafanti, Mr Shanley, and Phil Edwards voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 12 - An Ordinance amending the r:ode of Laws of the City of Wheat Ridge relating to allowed heights of fences, divisional walls, hedges or other obstructions to view within sight distance triangles Council Bill No 12 was introduced by Mrs Brougham on second reading, title read by the Clerk, Ordinance No 930 was assigned Mr Middaugh explained the amended language regarding non-conforming uses of land and structures Mr Middaugh and Mrs Schroeder addressed questions and concerns from Council members Beca~se of concerns of existing fences and structures, the City Attorney added a Sub-section "C" under Section 4, as follows Any structure within a sight triangle which is conforming as of the date of enactment of Section 4, Sub-section 2(b), shall not be subject to the five year amortization provisions of Section 26-7, and will be deemed a legal, non-conforming use, unless said structure is deemed a nuisance pursuant to Sub-section 2(b) of this Section 4, in which case the provisions of that Sub-section shall apply. Claudia Worth, 4650 Oak Street, was sworn in bv the Mayor, stated that she served on the LDR Task Force which reviewed all the Ordinances, several hours were spent on this issue, one of the problems that has not been addressed is that fences do not come in 36" heights, they come in 42" heights which is why the 42" height was agreed ~pon If the fence was deemed a hazard, they co~ld go before the Board of Adjustment, felt it was senseless for this issue to brought up again Motion by Mrs Brougham that Ordinance No 930, r:ouncil Bill No 12, be passed on second reading and be ordered published indicating the amendment and would be effective 15 days after final approval, seconded by Mr Selstad Mr Selstad moved to amend to 42" as apposed to 36", seconded by Vance tdwards CITY COUNCIL MINUTES June 28, 1993 Page -4- Mr FIasco will be voting against this amendment If the 42" height is left and something in the sight triangle is 40" and a public hazard, nothing can be done Mr Selstad withdrew his amendment based on the fact that only "non-conforming" hazards can be dealt with Mr FIasco moved to amend the Ordinance where it reads 36" to be dropped to 30" Amendment failed for lack of second Motion was made by Vance Edwards to postpone the meeting of July 12, 1993, seconded by Mr Mrs Brougham voting no Council Bill No 12 until FIasco, carried 6-1, with Motion was made by Mr Flasco to reconsider the postponement of Council Bill No 12, seconded by Mrs Brougham, carried 7-0 Motion was made by Mr FIasco to bring this item to a Study Session at the earliest opportunity, seconded by Vance Edwards, carried 7-0 Item 3 Council Bill 15 - An Ordinance amending the Code of Laws of the city of Wheat Ridge, Colorado, adopting certain sections of the Uniform Election Code, including those sections concerning Municipal Elections conducted as part of a coordinated election Council Bill 15 was introduced by Mr Selstad on second reading and title read by Clerk, Ordinance No 930 assigned Motion by Mr Selstad for the adoption of Ordinance 930, seconded by Vance Edwards, carried 7-0 City Clerk, Wanda Sang, stated that Mr Davis had left votes for Items 4, 5, 6, 7, 8, aDd 10 When she reads those vote~, they will include Mr Davis' votes ORDINANCES ON FIRST READING Item 4 Council Bill 16 - An Ordinance amending the Code of Laws of the rity of Wheat Ridge regarding feeding of wildlife Council Bill 16 was introduced by Mr FIasco on first reading, title read by the Clerk Motion by Mr FIasco that Council Bill 16 be approved on first reading, ordered published, public hearinb be set for Monday, July 12, 1993 at 7 30 p m in r:ity Council Charubers, Municipal Bldg , and if approved on second reading, take effect 1~ days after final publication, seconded by Mr Eafanti CITY COUNCIL MINUTES June 28, 1993 Page -5- Mr Selstad requested that Council be provided with information at the second reading as to what members were absent at the Animal Control Commission Meeting and the Parks Commission Meeting when this item was voted on and what the votes were Motion by Mrs Brougham to Table this Council Bill and look into proper posting on the Greenbelt as to what kind of food to feed and at what times, seconded by Vance Edwards, carried 5-2 with Mr Eafanti and Mr Shanley voting no Item 5 Council Bill 17 - An Ordinance providing for the issuance by the r:ity of Wheat Ridge, Colorado (The "City") of its Sales Tax Revenue Refunding Bonds, Series 1993, dated August 1, 1993, in the principal amount of $3,230,000, for the purposes of providing funding for refunding the Series 1988 Sales Tax Revenue Bonds dated July 1, 1988, prescribing the form of bond, providing other details and covenants concerning the bonds and the City's Sales Tax, and ratifying all actions heretofore taken in connection therewith Council Bill 17 was introduced by Vance Edwards on first reading, title read by the Clerk Mr FIasco requested that City Treasurer, Jim Malone, be called to the pOdium to answer questions Jim Malone, City Treasurer, 7040 W 34th Place, replied that he had not been privy to any discussions regarding this matter and had indeed only found out about this when he received his agenda packet Mr FIasco moved to postpone this until City Attorney can provide a legal opinion on some of his concerns and questions, seconded by Phil Edwards, failed 3-4 with Councilmembers FIasco, Phil Edwards, and Brougham voting yes Joe Drew, 6660 W 29th Avenue, Bond Counsel, was sworn in by the Mayor, he answered Council's questions Motion by Vance Edwards that Council Bill 17 be approved on first reading, ordered published, public hearing be set for Monday, July 26, 1993 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 45 days after final publication, seconded by Mr Shanley, carried 7-1 with Mr FIasco voting no Motion by Mr FIasco that the City Attorney bring in a legal opinion on Council Bill 17 to the next regular meeting (July 12) to address all the things that were discussed tonight, seconded by Phil Edwards, carried 5-2 with Mr Shanley and Mr Selstad voting no CIT~ COUNCIL MINUTE~ June 28, 1993 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Greenbelt Study Mr Middaugh explained the purpose of the study and requested Council give favorable consideration as a way to recognize the citizen concerns on each side of the question and to protect the Greenbelt, this study would be the tool to identify how that can best be done Discussion was held Claudia Worth, 4650 Oak Street, was sworn in by the Mayor, commended the City Administrator for meeting with the group and listing to their concerns, corrected the name of the citizens' group to ROCC (Residents Opposed to Concrete Corridor in the Wheat Ridge Greenbelt), also felt the r:ouncil or citizens should not be committed to acceptance of the study until results have been received Motion was made by Mr Shanley that staff be authorized to complete a request for proposals for an Environmental and Ecological Study of the Greenbelt as outlined by the city Administrator, and that funds for the assessment be taken from the City's Open Space account I further move that the City cease construction and rehabilitation activities on the greenbelt trail within the constraints recommended by the City Administrator until such time as the greenbelt assessment can be completed, seconded by Vance Edwards Vance Edwards asked for friendlv amendment that RFP provide different cost options, accepted by Motion maker Mr FIasco moved to amend the last portion of the Motion beginning with "I further move", Motion failed for lack of second Motion carried 8-0 Item 7 Certificate of Recognition for 1992 Audit Mr Middaugh explained his memo stating that this certificate represents a frivolous and unnecessary expenditure of City funds Jim Malone, City Treasurer, explained the reasons he felt the certificate was necessary and the benefits it would have for the City Discussion was held Motion was made by Mr FIasco to approve the expenditure of $415 00 for the submission of the City's Comprehensive Annual Financial Report (CAFR) to the Governmental Finance Office for review and approval, seconded by Mrs Brougham CITY COUNCIL MINUT~S June 28, 1993 Page -7- Mrs Brougham moved to have this type of discussion brought up at budget time and not at this time, accepted as friendly amendment by Motion maker Vance Edwards stated that this is a subject that should be dealt with through administration and not through City Council Mr Selstad does not feel this is necessary and will be voting no Motion carried 5-2, with Mr Selstad and Vance Edwards voting no Item 8 Purchase of chairs for community center Mr Middaugh advised Council that will be purchased from the Senior Center Fund and not form the City's General Fund Motion was made Vance Edwards to authorize Mr Wardle and the Parks staff to proceed with the purchase of the office chairs and cost to be taken from the Senior Center Fund, seconded by Mr FIasco, carried 8-0 Item 9 Study Session meeting with the Planning Commission Mr Middaugh suggested this meeting to discuss frustrations of Planning Commission and City Council and to perhaps streamline our governmental processes in some areas Motion by Mr Shanley that we have a meeting with the Planning Commission in September, seconded by Phil Edwards Mrs Brougham moved to amend that citizens be allowed to comment during that Study session, seconded by Vance Edwards, failed 3-4 with Councilmembers Vance Edwards, Brougham and Selstad voting yes Original motion carried 4-3 with Councilmembers Vance Edwards, Brougham, and Selstad voting no Item 10 Councilmember District IV vacancy Phil Edwards suggested that the candidates be voted on alphabetically and that we'll keep voting until one carries the majority Vance Edwards would prefer that we go with preferential voting, which is in Roberts Rules of Order Mr Selstad stated that the first thing that needs to be decided is whether or not Mr Shanley will be allowed to vote on his replacement Motion by Mr Shanley that he be allowed to vote for the reason that District IV have equal representation, seconded by Mr FIasco, carried 4-3 with r:ouncilmembers Vance Edwards, Selstad, and Brougham voting no CITY COUNCIL MINUTE.:;- June 28, 1993 Page -8- City Attorney, Kathryn Schroeder, restated her legal opinion that Sections 4 5 (a) and (b) of the r:ity Charter have never gone to Court for interpr~tation, it 1as never come before this Council, so there is no precedent within the Council Proper statutory construction attempts to give meaning to all the language of all the subsections She can support r:ouncil's decision either way Motion by Mr FIasco that we suspend the rules and complete the agenda, seconded by Phil Edwards, carried 4-3 with Councilmembers Selstad, Brougham, and Vance Edwards voting no (Needs 2/3 vote of Council to suspend the Rules, but the Item under consideration must be finished) Mr Flasco called for the question, seconded by Mr Shanley, carried 4-3 with Councilmembers Brougham, Selstad, and Vance Edwards voting no Motion by Phil Edwards to vote on the candidates alphabetically, one at a time, until one of these names has a majority vote, seconded by Mr FIasco Motion by Vance Edwards to amend that we go according to Roberts Rules, seconded by Mr r:ouncilmembers Vance Edwards, Brougham, and to preferential voting Selstad, failed 3-4 with Selstad voting yes Vance Edwards made a point of order that it was past 11 30 p m and this meeting could not be continued Councilmembers Selstad, Vance Edwards and Brougham then left the Councilchambers Mayor Winger stated that the three Councilmembers left without permission, he was sorry that this happened, but he could do noting about it, they mistakenly believed that the vote for a new Councilmembers from District IV had been rigged, that was not the case Meeting adjourned at 11 31 p m ( ~'-J_' Wanda Sang, APPROVED BY CITY COUNCIL ON AUG 23, 1993 BY A VOTE OF 5 TO 2 (Refer to comments below)----- ~~ Ron Selstad Council President Motion by Mr Eafanti for the approval of the Minutes of June 28, 1993, seconded by Mr Davis Mrs Brougham asked for a correction to the Minutes that the Mayor's comments on page 8, last paragraph, be stricken His comments are not accurate Mr Selstad stated that anybody could have their comments recorded, they've always had that right, it doesn't require a vote of Council to have their comments put in From his viewpoint, it does say they left without permission and the whole point of what they did that evening was to go to 11 30, so they could not and would not violate the Charter At that point in time the meeting could not continue past 11 30 They needed no pernJission and he wants hi3 comments noted in the Minutes After discussion it was agreed that part of the last paragraph be changed to read that "the Mayor believed that -ouncilmembers mistaken believed that the vote had been rigged" Motion as amended carried 5-2 with Mr Hall abstaining, Vance Edwards and Mrs Brougham voting NJ SPECIAL CITY COUNCIL MEETING MINUTES CITY OF WHEAT RIDGE, COLORADO JUNE 28, 1993 5 00 P M The City Council Meeting was called to order by the Mayor at 5 00 p m Council members present Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Elise Brougham arrived at 5 06 p m Kent Davis was absent due to being out of town Also present City r:lerk, Wanda Sang, City Administrator, Robert Middaugh, r:ity Attorney, Kathryn Schroeder, staff, and interested citizens Mayor Winger explained that the purpose of this special meeting was to interview candidates for the Councilmember vacancy in District IV The following candidates were introduced by the Mayor 5 00 p m Dennis Hall 5 20 p m Frank Busnardo 5 30 p m Donald Lancaster 5 38 p m t-'lary fVladison 5 50 p m Geoffery R \-iodell 6 09 p m Rocco Gioso There was a question and answer period for a maximum of fifteen minutes with each candidate Motion by Nr FIasco to adjourn, seconded by Mr Eafanti, carried 7-0 Meeting adJourned at 6 20 p m , '\ \ - y} fJ-I-t-;/L-v- __~ ~v'" Wanda Sang, Citv Ck€~k '-~ APPROVED BY cITY rUU~CIL ON JULY 12, 1993, BY A VOTt OF 6 TO o ~~~~ Ron Selstad, Council President