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HomeMy WebLinkAbout10/24/1994 1 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building October 24, 1994 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, 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; Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of July 25, 1994 and October 10, 1994 Motion by Mr Eafanti for the approval of the Minutes of July 25, 1994; seconded by Mr Solano, carried 7-0 Motion by Mr Eafanti for the approval of the Minutes of October 10, 1994; seconded by Mrs Fields; carried 7-0 CITIZENS' RIGHTS TO SPEAK Bunny Gordon, speaking on behalf of her neighbors, asked that they be kept informed of developments at Ridgeview; suggested alternative routes that will not impact their neighborhood; asked that Council pass a Resolution opposing the widening of 52nd Avenue, and that Claudia Worth, as their Councilmember, sponsor that Resolution Susan Seeds read a letter signed by households in her neighborhood, asked that Mayor Wilde refrain from keeping Mr Edwards from representing his constituents Steve Depoyster, also speaking on behalf of his neighbors at 52nd & Tabor, are in opposition to the intersection being widened; are afraid that increased traffic flow will endanger the many children living there Dianna Fisher asked Mayor Wilde for his immediate resignation based on his violent conduct Mayor Wilde stated that he realizes other people are signed up to ask for his resignation, and they are welcome to speak, however, he will not resign David Gonyea lS against the widening of 52nd Avenue Grant Gordon lS also opposed to the widening of 52nd Avenue CITY COUNCIL MINU~~S October 24, 1994 2 Doris Ibbison asked that the citizens of Wheat Ridge demand that the decorum be returned to Council Chambers, disruptive audiences should be removed; bring back the rule, that you address the entire Council, not individual members of Council; let's deal with issues not personalities, do what's best for Wheat Ridge Nancy Snow was appalled that an Elected Official in this City actually hit another one; addressed that the Preschool expanded even after the Court decision; stated that no one was allowed to speak or even sign in at the hastily called October 11 Council Meeting, is upset that most of Council did not show up for the Special Meeting to accept Recall petitions Janelle Shaver clarified a statement that was in a flier mailed by "Neighbors for a Safer Community" in favor of 36 feet for W 38th Avenue The flier contained the City Clerk's name and phone number; this was meant to be for information on early voting; she apologized for any misunderstanding that might have occurred The fliers In favor of 44 feet are full of flaws--be careful before deciding how to vote, 36 feet is the right way, don't wast tax dollars Pat Phalin stated why he will vote for 36 feet on 38th Avenue Linda KeIrn is very sad about what she saw here at the Council meeting 2 weeks ago, Mr Edwards has been a tremendous Councilmember for her and he is very neighborly, applauded his actions and supports his future political aspirations John Powers read a letter from Area 4 Planning Committee that addressed displeasure with Mayor Wilde's actions and former Councilmember, Dennis Hall Elise Brougham called for Mayor Wilde's resignation Odarka Figlus owns business and commercial property in Wheat Ridge; let's build 38th Avenue right the first time, 36 feet Connie Tomsic spoke against the widening of 52nd Avenue Tamara Hamilton urged voters to vote for 36 feet on 38th Avenue George Langdon stated that citizens are fed up with the actions of some Councilmembers and character assassinations by some citizens, we need to stop this and get on with the important business of the City, we are promoting democracy around the world and ignoring it in our own backyard Carol Palm was pleased to see that the Denver Post asked for Mayor Wilde to step down; spoke in favor of 36 feet on 38th Avenue Peter Homburger congratulated City Council on becoming more laughable than DIA, he has a letter from Claudia Worth in which she addresses undergrounding the utilities on 38th Avenue, don't build anything on 38th Avenue unless you underground the utilities He further CITY COUNCIL MINU~~S October 24, 1994 3 addressed an incident, in which Mr Edwards told him and friends of his to go to hell, they asked for an apology but none was received; he Mr Edwards disgraced himself by what he called the Mayor, Mr Homburger offered to pay for a course on remedial English for Mr Edwards; asked citizens to circulate a petition to disincorporate Wheat Ridge and we won't have to pay for City government and we won't have to listen to this circus every other Monday on TV and DIA can get back on top of the laugh parade Melissa Snyder, Hannah Thiessen, spoke In favor of 36 feet on 38th Avenue Josh Thiessen asked for the Mayor's resignation Calvin Dodge spoke in support of Vance Edwards and requested that Mayor Wilde act like an adult and apologize to Mr Edwards Tom Slattery affirmed his support for Vance Edwards and Jean Fields Jack Cooper spoke in favor of 36 feet for 38th Avenue Paulette Cooper thanked her neighbors and fellow citizens for coming to Council and speaking out; spoke in favor of 36 feet Karin Heine spoke in support of Vance Edwards Louise Turner was shocked by Mayor Wilde's behavior; if you can dish it out in politics, you have to be able to take it, the Mayor has never been on the losing end of the vote, he is usually on the winning side; he has never been denied information Tom Taylor addressed Mayor Wilde's conduct and presented petitions which contained 154 names which ask for the Mayor's resignation He spoke against WRAP's flier in favor of 44 feet on 38th Avenue If voters vote for 44 feet, their neighborhood may be next Vote for 36 feet Dan Kawaji opposes the widening of 52nd Avenue Ron Selstad addressed the Mayor's conduct; betrayal by Council, preferential treatment of some citizens; withholding information from some Councilmembers; disenfranchising District I, asked for Mayor's resignation Dorothy Wilde's Ridge Thompson read editorial from Denver Post that encouraged Mayor resignation, she is very sad about what has happened in Wheat 44 feet means 4 lanes, 36 feet means 3 lanes Lisa Rosson addressed Mayor's conduct at the last meeting, asked for his resignation, stated that flier put out by WRAP has lies in it and she has filed charges with the D A 's Office for campaign violations She spoke in favor of 36 feet on 38th Avenue Teri Dalbec asked that citizens vote for 36 feet on 38th Avenue; spoke about the resignation of Dennis Hall and the lack of setting an election to fill that position; thought Mayor Wilde would resign CITY COUNCIL MINUTDg October 24, 1994 4 Larry Merkl served on City Council for 16 years, both before and after Charter was passed, if Council wanted something from staff, they had to go through the City Administrator or Mayor, he wasn't aware that this had changed, Mayor probably shouldn't have had hit Mr Edwards, but in his time members of Council did not call the Mayor or each other names, he thinks both people should resign, not just the Mayor Monica Selstad addressed Mayor Wilde's campaign promises, feels they have not been fulfilled Don Lancaster commented on Dennis Hall's actions and the City's subsequent actions Dino Pesci addressed the WRAP fliers and the misinformation they contained, spoke in favor of 36 feet on 38th Avenue Geraldine Faes addressed the Mayor's conduct on October 10 Karen Thiessen feels sorry for the residents on 52nd Avenue and what they are in for; addressed flier, that was full of lies, no disclaimer, put in City Hall boxes, showed WRAP flier that was in their mail and looked a lot like the other flier, she has filed charges with the D A 's Office; vote 36 feet for 38th Avenue, also addressed Mayor Wilde's and Dennis Hall's conduct Tom Shockley addressed Dennis Hall's and Mayor's conduct; uphold the laws of the City and get along, provide a positive direction for this City Arie Verrips stated that the Mayor is not the only one at fault, sometimes things transpire that we regret later; things have to change Denise Midroy brought a dictionary to Mayor Wilde so he can use words instead of fists to fight back Phil Edwards commended Mayor Wilde for defending his mothers honor and the honor of all the mothers of this City Keep up the good work, Dan PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A Council Bill 70 - An Ordinance providing for the approval of rezoning from Planned Residential Development to a Revised Planned Residential Development District on land located at 10241 West 38th Avenue and 3975 Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ - 94 -14) (St Ives Realty) B Council Bill 71 - An Ordinance providing for the approval of rezoning from Planned Residential Development to Residential-One and for rescission of an Outline Development Plan approved pursuant to Case No WZ-94-3 on land located at 10150 W 40th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-15) (City of Wheat Ridge) CITY COUNCIL MINUTvg October 24, 1994 5 Motion by Mrs Behm that Case No WZ-94-14 and WZ-94-15 be continued until November 14, 1994, to allow Planning Commission to hold a public hearing on these cases, seconded by Mr Eafanti; carried 7-0 ORDINANCES ON FIRST READING Item 2. Council Bill 73 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses Council Bill 73 was introduced by Mrs Behm on first reading; title read by the Clerk Motion by Mrs Behm that Council Bill 73 be approved on first reading, ordered published, public hearing be set for Monday, November 14, 1994 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconded by Mr Eafanti, carried 7-0 Item 3. Council Bill 74 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Day Care Centers Council Bill 74 was introduced on first reading by Claudia Worth, title read by the Clerk Motion by Mrs Worth that Council Bill 74 be approved on first reading, ordered published, public hearing be set for Monday, November 14, 1994 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication, seconded by Mrs Fields Mr Edwards moved to postpone the first reading until November 14, 1994, seconded by Mr Solano; carried 6-1 with Mr Eafanti voting no Item 4. Council Bill 75 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Pawn Shops Council Bill 75 was introduced on first reading by Tony Solano, title read by the Clerk Motion by Mr Solano that Council Bill 75 be approved on first reading, ordered published, public hearing be set for Monday, November 14, 1994 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconded by Mr Edwards; carried 7 0 CITY COUNCIL MINUTPS October 24, 1994 6 DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. Resolution 1430 - requesting a new library for the City of Wheat Ridge Resolution 1430 was introduced by Mr Edwards; title read by the Clerk Motion by Mr Edwards for the adoption of Resolution 1430; seconded by Mr Solano Mrs Worth will vote against this Resolution not because she is against a new library for Wheat Ridge, but she feels we should utilize the building on 38th Avenue (W R Middle School) Mr Solano made an amendment to state that if the Jefferson County Library Board does not accept this Resolution and give us some concrete proof that they are going to build us a library, we ask the Jefferson County Commissioners to give us our mill levy back and utilize those funds to build our own library system here in Wheat Ridge, seconded by Mr Edwards; carried 5-2 with Mr Eafanti and Mrs Behm voting no Vote on original motion with the amendment carried 6-1 with Mrs Worth voting no Item 6. Resolution 1431 - authorizing the Closure of West 35th Avenue West of Wright Street Resolution 1431 was introduced by Mrs Behm; title read by the Clerk Motion by Mrs Behm for the adoption of Resolution 1432; seconded by Mr Solano; carried 7-0 Item 7. Resolution 1432 - authorizing easements for the 1-76 Interchange project Resolution 1432 was introduced by Mr Siler; title read by the Clerk Motion by Mr Siler for the adoption of Resolution 1432; seconded by Mrs Behm, carried 7-0 Item 8. Certificate of Sufficiency for the petitions for recall of Dennis Hall from District IV City Clerk, Wanda Sang, presented petitions for recall of Dennis Hall to Council and also provided her letter of sufficiency Motion by Mrs Worth to set an election to fill the vacancy in District IV for December 6, 1994; seconded by Mrs Fields Mr Solano asked that the City Attorney restate her legal oplnlon on this matter CITY COUNCIL MINUT~S October 24, 1994 7 Ms Schroeder referred to her previous 2 memos to City Council She has consulted with many attorneys regarding this matter The Charter is normally the governing document for the City, however, there are exceptions--one, where there is a superseding constitutional amendment and two, when the Charter is silent on something, we have to look to other law In this case the Charter is silent as to the protest rights of the person sought to be recalled; so we looked to the State Law The City has adopted that State Law Mr Hall exercised his right to protest The State Law specifically addresses what happens when somebody resigns during that procedure, our Charter does not address that issue because there is no protest procedure provided for in the Charter That State Law would not call for an election in this case; it states there would only be an election if the person being recalled resigned after the petitions had been ruled sufficient, which means after the protest if ruled invalid, which did not happen or after there has been an election set for recall Therefore, the successor would be appointed according to our Charter If the City chooses to go by Charter Section 2 7 to hold an election, it must an election to fill a vacancy, since a recall election would be moot Amendment One says that the City cannot put a ballot issue on any election except a coordinated election The City has been sued on this issue before and has lost If Council wants her to go to Court and get a declaratory judgement, they can do that, but right now Amendment One supersedes our Charter and we cannot hold an election outside a coordinated election Teri Dalbec has talked to many attorneys and they don't feel that Amendment One would stop this election Other cities have had elections She asked that Wheat Ridge set an election and follow our Charter Let the voters in District IV chose their candidate in a timely manner Mrs Worth amended her motion to accept the certificate of sufficiency Mrs Behm will vote against this because of the City Attorney's opinion Mr Selstad called out from the audience and asked to speak on this matter; there was no sign-up sheet Mayor Wilde stated we had put out a sign-up sheet earlier We are now going to vote Motion by Mr Edwards to appeal the Mayor's decision and to allow citizens to speak; seconded by Mrs Worth; carried 6-1 with Mrs Behm voting no Ron Selstad was aghast to hear the City Attorney's opinion The Charter is absolutely clear Do you want to appoint somebody or do you want District IV to vote on this He is distressed by the quality of our legal opinions He will not be surprised if this ends up with Council appointing somebody Vote to accept the petitions carried 7-0 CITY COUNCIL MINU~ ~ October 24, 1994 8 Vote on setting the election for December 6 failed 3-4 with Councilmembers Worth, Edwards, and Fields voting yes Motion by Mrs Worth to ask the court for a declaratory judgement on whether we should have an election or whether this vacancy should be filled by appointment of this Council; seconded by Mr Siler Mr Solano asked for a friendly amendment to ask the court for a stay of our Charter Rule to appoint somebody within 30 days This was accepted as a friendly amendment Motion carried 6-1 with Mr Edwards voting no Mr Edwards feels we are just stalling and should go ahead and set an election Item 9. Amendment to Intergovernmental Agreement between City of Wheat Ridge and Jefferson County relating to Community Development Block Gant Program Motion by Mr Solano that the Second Amendment to the Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County, which relates to the Community Development Block Grant Program, be approved as submitted, and that the Mayor is authorized to sign said agreement, seconded by Mr Eafanti; carried 7- o Item 10. Christmas light display at City Hall Mr Solano introduced this item and suggested that the City put up a certain amount of money and challenge the citizens to put up a matching amount Ms Schroeder suggested that instead of Christmas lights, we call them "holiday lights" Geoff Wodell encouraged Council to finance a bigger decorating project this year than last year and include the park surrounding City Hall He would love to see this display become a big display and have it a City event; invite all the choirs from all of the schools and sing for this, maybe this would unite the City Discussion followed Mrs Fields and Mr Edwards feel this money could be spend better on other worthwhile programs Motion by Mr Solano that a maximum of $2,500 from General Fund be approved for the purposes of holiday light display at City Hall if we receive matching funds from citizens (He clarified his motion by adding that if we only receive $1,000 matching dollars, we will only spend $1,000), seconded by Mr Eafanti, carried 5-2 with Mrs Fields and Mr Edwards voting no Motion by Mrs Worth that the Council adopt one boy and one girl for the yearly KYGO Christmas gift distribution to needy children that our Police Department participates in, seconded by Mr Solano, carried 7- o (Consensus was that Mrs Worth would take care of the shopping) CITY COUNCIL MINU~~S October 24, 1994 9 Item 11. Board and Commission appointments Motion by Mrs Adjustment for by Mr Solano, Behm that Robert Walker be appointed to the Board of District II, for a term ending March 2, 1996, seconded carried 7-0 Motion by Mrs Behm that Roberta Altenburg be appointed to the Planning Commission for District I, for a term ending March 2, 1995; seconded by Mr Eafanti Motion by Mr Edwards to amend to strike the name Roberta Altenburg and insert Harrv Williams; seconded by Mrs Worth; carried 6-1 with Mrs Behm voting no Item 12. 1994 Miscellaneous Drainage Improvement Project Motion by Mr Siler that the 1994 Miscellaneous Drainage Improvement Project (RFB #94-26) and the 1994 Accessibility Improvement Project (RFB #94-27) be re-advertised in the spring of 1995, be placed in the 1995 budget and that all current bids received are to be rejected, seconded by Mrs Worth; carried 7-0 Item 13. Selection of Council President Motion by Mr Siler that Mr Solano be appointed Council President for a term ending November 1995; seconded by Mr Eafanti Motion by Mr Edwards to amend that Mrs Fields be appointed Council President for a term ending November 1995; seconded by Mrs Worth Council decided to vote by paper ballot City Clerk, Wanda Sang, tallied the votes President Mr Solano is the Council Item 14. Parliamentarian serVlces for City Council Mr Middaugh suggested that Council hire somebody for the remainder of this year and then decide if they wanted to put money in next year's budget to continue this He suggested we hire somebody who is not a City resident to assure impartiality Geoff Wodell stated that the names he submitted to Patty Crew were all registered professional parliamentarians and as part of the certification they are all impartial, none live in Wheat Ridge, however, they live in the west side of the metro area Motion by Mr Edwards that we put all the names in a hat and draw a name and hire that person; seconded by Mrs Worth, carried 7-0 CITY COUNCIL MINUT~~ October 24, 1994 10 Motion by Mr Solano that the City Administrator be authorized to retain a professional registered parliamentarian to provide advice and information to the members of the City Council on parliamentarian procedures during regularly scheduled City Council meetings for the balance of 1994 in the amount of $100 per meeting; seconded by Mr Siler; carried 8-0 (Mrs Worth requested that the drawing be done tonight) (The name of Joan Boatright was pulled out of the hat) Item 15. Consent Agenda A Payment for Police Department Training B Anderson Building Floor in Bath House and Foyer Motion by Mr Edwards to approve Items A and B; seconded by Mrs Worth; carried 7-0 CITY ATTORNEY'S MATTERS Kathryn Schroeder stated that per Councils' order she had filed a motion for clarification of the judge's order--she hasn't anything back, but will inform Council as soon as she hears; also has heard nothing back about the Cerveny matter; Board of Adjustment case is at Court of Appeals, two other cases are out on appeal ELECTED OFFICIALS MATTERS Mrs Behm asked for consensus that the City Administrator be directed to look into professional mediation services for City Council to put aside past differences and work in a spirit of cooperation Consensus was 7 in favor Mrs Fields stated that she and Mr Edwards share the same values and principals and even though he may be a little more outspoken than she is, their sentiments are the same Mr Edwards thanked the many people who have been supportive of him during these last two weeks Mr Solano explained the reason he had not been able to attend the two Special Meetings was because he works up in the Boulder area and it is difficult to come by during the day He apologized and asked that when we hold a Special Meeting it would be held after regular business hours He thanked Council for voting in the holiday lights and asked citizens to call him regarding CDBG grants--the County Attorney has stated that it is not a conflict of interest for people to talk to Mr Solano directly about this Mrs Worth moved that a Resolution be brought into the next Council Meeting to ask the City of Arvada to find another solution for W 52nd Avenue besides widening it; seconded by Mr Edwards; carried 7-0 CITY COUNCIL MINU~ ; October 24, 1994 11 Motion by Mrs Worth that this Council supports the citizens on 38th Avenue and recommends 36 feet width for 38th Avenue; seconded by Mrs Fields; carried 4-3 with Councilmembers Eafanti, Siler, and Behm voting no Mrs Worth asked that a Resolution given to her by citizens be put on the next Agenda asking for Mayor Wilde's resignation Motion by Mr Siler to adjourn; seconded by Mr Solano; carried 7~0 ~ Wanda Sang, at 12 10 a m APPROVED BY CITY COUNCIL ON NOVEMBER 14, 1994 BY A VOTE OF TO l '1 ~r.:c:;. Council 'President