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Home My WebLink About04/12/1994 CITY COUNCIL MINUTES FOR SPECIAL MEETING CITY OF WHEAT RIDGE, COLORADO APRIL 12, 1994 The Special City Council Meeting was called to order by Mayor Wilde at 7 00 p m Councilmembers present Rap Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, Director of Public Works, Bob Goebel, staff, and interested citizens PUBLIC HEARING Discussion of the setting of a ballot title for a question to be put to the voters for the width of West 38th Avenue between Kipling and Cody Mayor Wilde noted that anyone who has signed the roster will be allowed to speak for three minutes Mr Solano thanked everyone for coming to try to resolve this issue, and stated at the April 7 Special Council meeting when citizens were test- ifying it became very clear to him this a very difficult situation because I believe in the ballot process and that people do have the ability to pass 3 petition One speaker at the April 7 meeting spoke on the campaign reform petition that was overturned, but just because that particular petition W3S overturned doesn't mean that Council shouldn't explore campaign reform *Motion by Mr Solano that a special meeting be scheduled for May 16, 1994, by the City Council as a Study Session, for the purpose of determining whether a question should be placed on the November 1994 Ballot concerning the Campaign Reform Act, seconded by Mrs Behm Mr Edwards requested that the motion be amended to allow public comment He stated that he will vote against the motion because this is jlJst another way to justify putting West 38th Avenlle on the ballot Motion by Mr Solano amended the motion to include and allow public comment at the Special Study Session meeting on May 16, 1994, seconded r~rs Behm Following discussion, Mr Eafanti Mr Edwards, carried 6-2 with Mrs Original motion carried 5-3, with Fields voting No called for the v.iorth and !~rs Mrs l~orth, r~r question, seconded by Fields voting No Edwarjs and Mrs *Motion was withdran later in the meeting because it was pointed out that the only matter to be discussed at this Special Meeting was the ballot tit Ie SPECIAL CITY COUNCIL MEETING APRIL 12, 1994 PAGE -2- **Minutes corrected May 9th by Mr Edward to add "that he stated that the meeting had been illegally called, and that Chapter 5 4 (b) of the City Charter states speCifically and calls for a notification process for any speCial meeting The meeting is not a regular Council meeting, it is not continued over from another meeting and I feel that it is illegally called " Motion by Mr Siler that the City of Wheat Ridge place on the November Ballot a question allowing citizens to vote on whether West 38th Avenue, Cody to Kipling, should be reconstructed to a width of 36 foot, 44 foot or leave the roadway as is, seconded Mr Solano Mr Middaugh was sworn in by the Mayor, he presented to Council information on two basic questions, 1 ) If a petition process were started anew effective tomorrow morning, how long would that take? and 2 ) If the city started again tomorrow to process the building of West 38th Avenue as it is currently designed and took it through to completion of construction, how would that schedule also fallout and how the two interrelate? Mrs Worth questioned the legalitv of holding this special meeting and referred to the City Charter the law relating to circulating petitions Mr George Langdon, 3570 Miller Street, was sworn in by the Mayor, spoke ond read into the record the Comprehensive Plan of the City of Wheat Ridge as it covers and designates the streets within the City The following people were sworn in by the Mayor and spoke in favor of reconstructing West 38th Avenue to 36 feet Nancy Snow 11550 W 40th Avenue, Don Lancaster, 4070 Everett St , Carol Palm, 3905 Garrison Street, Total of three citizens spoke ** Minutes corrected May 9th by Mrs Worth to read "Total of three citizens spoke" Mrs Palm also addressed previous Council actions Mayor Wilde ruled only comments on 38th Avenue would be heard Mr Edwards requested a point of order He stated, that as far as he is concerned, Mrs Palm or anybody else may have the opportunity to finish what comments they want to speak to here tonight He questioned if the Mayor made it a ruling Mr Edwards appealed the ruling to Council Motion by Mr Edwards that all citizens have the opportunity to speak as they have signed up and if they feel that the subject is relevant to 38th AVAnue they have every opportunity to discuss it and to give us its relevance Mayor Wilde clarified the motion stating that Mr Edwards is overruling his decision not to allow people to comment on anything they choose when it does not apply to the 38th Avenue issue, seconded by Mrs Worth, motion carried 6-2, with Mr Hall and Mr Eafanti voting No SPECIAL CITY COUNCIL MEETING APRIL 12, 1994 PAGE -3- The following were sworn in bv thp Mayor and spoke in favor of recon- structing West 38th Avenue to 36 feet Fran Singer, 9810 W 36th Avenue, Arthur Butler, 9625 W 38th Avenue, Karen Thiessen, 9560 W 38th Avenup, Roger Palm, 3905 Garrison Street, Ruth Hamburger, 8991 West 38th Avenue, Tom Slattery, 6829 West 32nd Avenue, Norm Fisher, 9450 West 38th Avenue, John Powers, 2b15 Upham Street, Jeanelle Onjrusek, 4095 Holland Street, Ruth Ondrusek, 3815 Garrison Street, Irvin Pickell, 9690 West 38th Avenue, Roy D Combs, 3815 Robb Street, Orlarka Figlus, 9775 West 36th Avenue, Tedd Palumbo, 3880 Garrison Strept, Herb SChilred, 3900 Garrison Street, Ron Selstad, 2890 Lamar Street, Terry Daldec, 3810 Garrison Street, Richard Ehrmann, 3700 Independence, Dorothy Thompson, 3014 Chase Street, Claurlia Callas, 8701 W 38th Avenue, Geoff Wodell, 3935 Garland Street, Louise Turner, 11256 W 38th Avenue, Gene Neading, 8740 W 38th Avenue, Janelle Shaver, 8890 W 35th Avenue, Ron Patera, 4125 Pierce Street, and Karen Schneider, 9111 West 38th Avenue Total of 26 citizens spoke **Minutes corrected May 9th by Mrs Worth to read "total of 29 citizens spoke because they were all speaking on the same thing " The following were sworn in by the Mayor and spoke in favor of recon- structing West 38th Avenue to 44 feet Lester Griffith, 6340 W 38th Avenue, Frank Stites, Zephyr street, Arie Verrips, 15 Hillside Drive, Frances Langdon, 3570 Miller Street, George Grant, 4200 Yarrow Street, Kriss Siler, 3940 Allison Street, Bob Dowling, 3560 Allison Ct, Roger P Lasher, 4599 Carr Street, Doris Ibbison, 3315 Marshall Street and Dan Lab, District Manager, Wheat Ridge Fire Department, 3880 Upham Street Total of 10 citizens spoke Following discussion, Mr Solano asked Mr Siler to remove from his original motion the portion of the motion that deals with leaving the roadway as it is, because by leaving the motion as stated, it convolutes the issue Mr Siler accepted the amendment Mrs Worth requested the motion be restated Motion restated by Mr Siler, that the City of Wheat Ridge place on the November Ballot a question allowing citizens to vote on whether West 38th Avenue, Cody to Kipling, should be reconstructed to a width of 36 foot or 44 foot Mr Edwards questioned that when rouncil places something on the ballot does it have to be in the form of an ordinance, and does that mean that it will come to Council for consideration in the form of an ordinance? Kathryn Schroeder stated that it has to be in the form of an ordinance or a question, either one The City Council can snbmit a question to the voters as either an ordinance or as a question SPECIAL CITY COUNCIL MEETING APRIL 12 , 1994 PAGE -4- Wanda Sang, stated if the motion passes tonight, she ~as no alternative but to look at it as a motion for a question to be placed on the ballot, and bring that back for approval by Council of the way that it is stated on the ballot Kathryn Schroeder requested Mr Siler clqrify the motion as stated and specifically state "November, 1994," so the wording is very clear to everyon", Motion restated by Mr StIer, that the City of Wheat Ridge place on the hovember, 1994 Ballot a question allowing citizens to vote on whether West 38th Avenue, Cody to Kipling, shouli be reconstructed to a width of 36 foot or 44 foot Motion carried 5-3, with Mrs Worth, Mrs Fields and Mr Edwards voting No Motion by ~1r Hall to adjourn, seconde d by t'ir Solano, carried 8-0 Meeting adjourned at 11 30 p m , L. !, . \: ~ l ~~"""___._'::"'-.."_4""'___""'____"""'-"________~_"_____ Wanda Sang, City Cl~rk APPHOV[D BY CITY COUNCIL ON MAY 9, 1994 BY A VOTe OF 8 -- ---- TO o / ....-..... i " '. Den n i s~-arr.,--Col;nc-iT-pi.-esr:re-nC-- **Corrections