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HomeMy WebLinkAbout10/10/1994 CITY COUNCIL MH.....J TES October 10, 1994 CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The City Council Meeting was called to order by Mayor Wilde at 7 00 P m Councilmembers present Rae 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 Planning, Glen Gidley; Director of Parks & Recreation, Gary Wardle, staff, and interested citizens Proclamations and Ceremonies Mayor Wilde administered the Oath of Office to Isabel Abbott for Election Commissioner The Mayor also acknowledged members of the Lakewood Leadership group that were present at the Councilmeeting tonight CITIZENS' RIGHT TO SPEAK Norma Faes informed Council that the Court in Jefferson County had declared Council Bills 30 and 39 illegal Judge Perricone upheld the citizens' right to protest zoning changes She encouraged Wheat Ridge citizens to make City government accountable to them Geraldine Faes asked that Council not appeal Judge Perricone's ruling She then quoted some of the judge's rulings, requested a financial statement from the City to show how much the City had spent so far on this lawsuit Tom Tavlor addressed Mr Hall's statements on democracy, six-graders understanding of the democratic process; overwhelming majority of citizens are in favor of Mr Hall's recall; where are the people he represents? Why hasn't he stepped forward to help citizens how to better achieve their goals All citizens of Wheat Ridge do not have an equal interest in the widening of 38th Avenue Tom Shocklev, asked why Council decided on 44 feet for 38th Avenue, he found out why--the State requires 44 feet for a 4-lane street; Mr Hall's speech at the last Council Meeting made him ill, can't trust the Mayor or Council to uphold the laws of the City; have you seen how many houses are up for sale on 38th Avenue? He gave Mr Hall l4 reasons why he won't make it through the recall Geoff Wodell, thanked the seven who attend the Parliamentarian workshop recently and invited the rest of Elected Officials to come and join their group of Parliamentarians, they meet on the second Monday CITY COUNCIL MINUTDS October 10, 1994 Page -2- - Elwvn Kiplinqer, lives in District IV, backs Dennis Hall 100% and supports him Karen Thiessen, cleared up some misconceptions about the 38th Avenue widening project; gave background on 38th Avenue She pointed out that Mr Hall knew what he was getting into when he ran for Office She has given up a job, evenings with her husband and children and much more, to work on 38th Avenue Motion by Mr Edwards to place an Item before Item 1; seconded by Mr Eafanti; carried 8-0 Mr Edwards introduced An Emergency Ordinance, titled "An Emergency Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Pawn Shops"; Ordinance No 978 was assigned by the Clerk Mr Middaugh explained that this Emergency Ordinance was submitted because of the recent Court Ruling, this Ordinance would reinstitute all the provisions of Ordinance 945 with the exception of the Day Care provisions; it would allow continuity, regardless of what happens with the Court Case, and not allow a lapse in the coverage, that is related to Pawn Shops only This would be effective for a 90 days period and then come back for first and second reading as a regular ordinance, with Day Care deleted Motion by Mr Edwards to adopt Emergency Ordinance No 978 be effective upon passage; seconded by Mrs Worth, carried Councilmembers Solano and Hall voting no Mr Hall and Mr want to hear the City Attorney's explanation before voting Ordinance and that it 6-2 with Solano for this Mr Solano moved for an Executive Session under Section 5 7 (b) (1) (A) and B) to discuss the court decision on the lawsuit; seconded by Mr Siler; carried 6-2 with Mrs Worth and Mrs Fields voting no Mrs Worth feels we should follow the Agenda and hold the Executive Session under City Attorney's Matters; she found out about the lawsuit in the Denver Post and also read that the Mayor stated we would appeal; this will cost the City additional money Executive Session was held. Mr Hall asked the City Attorney, based on the discussion during Executive Session, to explain the difference between clarification and reconsideration Mrs Schroeder explained that reconsideration would mean to ask the judge to change his mind; clarification would be asking the judge to explain what his understanding is of what one subject would be in connection with some of our land use type of cases Mr Gidley explained his concern over this ruling and how it would affect us in the future, as to Zoning Code, Housing Code, multiple party zoning changes or special uses CITY COUNCIL MINUT~S October 10, 1994 Page -3- Motion by Mr Hall to ask for a clarification of the Judge's ruling and that we approach the Colorado Municipal League and any other Cities that want to join us in asking for this; seconded by Mr Eafanti Mr Edwards stated that the way he found out about this is by reading it in the paper; when he came to City Hall even the City Clerk did not have a copy He will vote against this, as far as he is concerned the Judge's ruling was very clear He doesn't feel this lawsuit would ever have been filed if Mr Wilde had not voted on this This order was a victory for citizens--they have a right to legal protest Mrs Worth served on the LDR Task Force; they did not lump unlike subjects together; what Judge Perricone is saying, is, don't lump unlike subjects together She will vote against this Mr Solano will vote against this motion; this has been decided, let's move on, he is voting this way not because of the threatening phone calls he has received this weekend or the threats of recall Go ahead and recall me! Mrs Fields sees a big difference between a Pawn Shop and a Day Care Center Motion was tied 4-4 with Councilmembers Eafanti, Siler, Behm, and Hall voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 with Councilmembers Edwards, Fields, Solano, and Worth voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill No 69, An Ordinance providing for the approval of a Special Use Permit to allow an Auction House in a Commercial-One Zone District on land located at 6105 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-94-4) (Thomas C Bruhns) Council Bill 69 was introduced on second reading by Mr Siler, title read by the Clerk, Ordinance No 979 assigned Mr Gidley was sworn in by the Mayor and presented the staff report Thomas Bruhns, 7685 W 44th Avenue, was sworn in by the Mayor; he answered Councils' questions regarding business hours, restroom facilities, parking Motion by Mr Siler that Council Bill 69 (Ordinance 979), a request for approval of a Special Use Permit to allow an auction house in a C- 1 zone district at 6105 West 44th Avenue, be approved for the following reasons 1 The evaluation criteria support approval of this request, and 2 Planning Commission and staff recommend approval With the following conditions 1 The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C Bruhns 2 Auctions must be held in the building 3 The outside storage container be removed and the parking lot be restriped; seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTDS October 10, 1994 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Item 2. 1995 Community Development Block Grant Program Mr Solano introduced Agenda Item 2; Clerk read the title Mr Middaugh presented the staff report Motion by Mr Solano that proposals 1, 5, 8 and 9 be accepted for funding under the City 1995 Entitlement of CDBG funds That a number 10 be added to give $7,800 for Senior Wheels Program; the money is to be taken from the $50,000 for Handicapped Curbs; the remaining $42,200 in Handicapped Curbs be put into the Rehab program, for a total of $167,200; with any funding shortfalls or windfalls made up in proposal No 3 I further move that proposals 6 and 7 be forwarded to the County-wide General Allocation with our recommendation for funding under that program, seconded by Mrs Worth Motion by Mr Edwards to amend that out of the $50,000 Handicapped Curbs, $7,800 come out for the Senior Wheels Program, and that we leave in $15,000 for the Handicapped Curbs and the remaining amount would then go to the Rehab program; seconded by Mrs Fields, failed 3- 5 with Councilmembers Edwards, Fields, and Eafanti voting yes Mr Solano's motion carried 7-1 with Mrs Fields voting no Motion by Mr Solano that any shortfall or windfall be put into the Rehab program not the handicap curb program, seconded by Mrs Worth, carried 7-1 with Mr Edwards voting no Item 3. Approve purchase of equipment for cash receipts system Item 3 was introduced by Mr Edwards; Mr Middaugh explained the need for this system Motion by Mr Edwards that the cash receipts equipment be purchased from the various vendors in the amount of $3,785 and that all costs will be charged to Acct Nos 33-109-783 and 59-117-802 as appropriate; seconded by Mr Eafanti; carried 8-0 Item 4. Appointment and reappointment to EDARC Motion by Mr Hall to ratify the appointment of Elwvn Kiplinqer, for District IV, to EDARC; term ending November 1997, and the reappoint of Richard Matthews, for District III, term ending November 1999; seconded by Mr Eafanti; carried 8-0 CITY COUNCIL MINU~~S October 10, 1994 Page -5- Item 5. CONSENT AGENDA A Jeffferson County Housing Authority Office Renovation Handicapped Access Project B Domestic Violence Surcharge C Approve purchase of Cellular Phone D Purchase of Tape Transcriber E ROW Acquisition for the Silz Development Motion by Mr Edwards for the adoption of the Consent Agenda, Items A through E as printed, seconded by Mr Solano; carried 8-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh stated that the 95/96 Budget is almost ready for Council review, asked for suggestions as to when to hold the Public Hearing and when to schedule Budget Study Sessions Motion by Mr Edwards that we have this year's budget stay pretty much the same, and any increase or decrease be voted on separately and not just be presented in some gigantic block that this is the next year's budget, seconded by Mrs Worth; carried 8-0 ELECTED OFFICIALS MATTERS Claudia Worth explained the difference between the Campaign Reform Petitions and the 44ft Petitions, that Mr Kiplinger had addressed earlier in the meeting Asked if we are going to take a stance on the Pro 5 Tony Solano moved to have an Agenda Item at some time in the future regarding Christmas lighting; seconded by Mr Hall, carried 6-2 with Mr Edwards and Mr Eafanti voting no Mr Solano asked for consensus to allow Mr Middaugh to go out and get formal numbers for hiring an outside parliamentarian for council meetings Consensus was 8 in favor Vance Edwards asked the City Clerk to read a letter into the record The letter was from Wheat Ridge United Neighborhoods, who thanked the candidates and speakers who took part in the Candidates and Issues Forum on September 29 They also thanked everybody else who helped with the forum and those who attended He enjoyed the parliamentarian course, it was very worthwhile; In terms of the lawsuit regarding day care, he requested a full accounting of the cost to the City; is concerned about a phone call his sister received--it is okay to talk to him directly at any time, but don't harass his family CITY COUNCIL MINU~~S October 10, 1994 Page -6- Dennis Hall asked for current status of negotiations on pr0perty at 44th & Robb Street (Mr Middaugh will check into this ) Don Eafanti asked about people giving away travel money; a Restaurant on 38th and Kipling that is using Arvada as an address instead of Wheat Ridge Ken Siler asked about the Ordinance that is calling for the posting of speed limits at the entrance to the City; he feels a recall petition is very serious; should be done for gross misconduct, not because somebody votes one way and somebody disagrees, if recall against Dennis goes forward, he will work on his behalf; if his constituents disagree with this, vote for somebody else next fall if he decides to run Jean Fields questioned how soon the City knew of the court decision regarding the day care lawsuit, it seems they have to find out from the newspapers what is gOlng on In the City Rae Jean Behm clarified that there will be 6 CAP meetings for District III; anybody can attend them, but they are specifically designed for the different neighborhoods to bring in their concerns They have one meeting on October 12, and then have one more meeting left She also publicly stated that Dennis Hall has her complete support, anything she can do for Dennis she will do, and she hopes that the entire Council stands behind Dennis Wanda Sang stated that tomorrow night (Protest Hearing on Dennis Hall Recall) is very tough for her and she takes exception to the comment under Citizens' Right to speak, calling it a "party", it is not a party, it is very serious Vance Edwards does not support Mr Hall; let the recall effort proceed Motion by Mrs Behm to adjourn; seconded by Mr Siler; carried 6-2 with Mr Solano and Mrs Worth voting no II :-{ WANDA SANG, CITY CLERK APPROVED BY CITY COUNCIL ON OCTOBER 24, 1994 BY A VOTE OF 1\ / ~ \, \ " couNCIL 7 TO -----1L ~ , , TONY SOLANO. , \ PRESIDENT