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HomeMy WebLinkAbout11/14/1994 SPECIAL CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO NOVEMBER 14, 1994 The City Council Special Meeting was called to order by Mayor Dan Wilde at 6 59 P m Councilmembers present Vance Edwards, Rae Jean Behm, Jean D Fields, Ken Siler, Claudia Worth, Don Eafanti; Also present City Clerk, Wanda Sang; City Administrator, Robert Middaugh; Acting City Attorney, Darin Schanker; Director of Public Works, Bob Goebel, Director of Planning, Glen Gidley; Director of Parks and Recreation, Gary Wardle; staff and interested citizens The subject for discussion and to be voted on was reconstruction of 38th Avenue between Cody and Kipling Mr Edwards explained the reason that Mrs Fields, Mrs Worth and himself called the Special Meeting was because the citizens stated their choice to begin reconstruction of West 38th Avenue to 36 foot flowline The City should immediately begin the bid process Motion by Mr Edwards that the City begin the procurement of easements and that the bid process begin as soon as possible; seconded by Mrs Fields PUBLIC COMMENT Mr. Ron Selstad, 2890 Lamar Street, spoke to the time frame for reconstruction of West 38th Avenue, stating the citizens have spoken, and requested that the project go forward as soon as possible and that there doesn't need to be another three or four months delay Mr. Tom Slattery, 6869 West 32nd Avenue, read a letter into the record from Wheat Ridge United Neighbors, asking that the bid process should proceed at once without delay Mrs. Lisa Rosson, 9490 West 38th Avenue, requested the recon- struction of West 38th Avenue to begin immediately Mrs. Terri Dalbec, 3810 Garrison Street, requested that the bid process for reconstruction of West 38th Avenue, begin immediately and not wait until Spring to begin reconstruction Mrs. Karen Thiessen, 9560 West 38th Avenue, requested that the bid process begin immediately Mr Solano requested that Bob Goebel address the questions that came up during public comment and asked if the bid process could begin right away SPECIAL CITY COUNCIL MINUTES NOVEMBER 14, 1994 PAGE -2- Mr Goebel, explained the process that staff is gOlng through All of the prior easements that were vacated by the City Council are being reviewed All of these easements will be copied and the copy will be mailed along with an original unsigned copy to all the residents who previously gave easements so that they can make a direct comparison of what they signed before and what they will be signing now, and hope that they will be returned quickly Staff anticipates one or two condemnation procedures and these will be done by resolution and will be brought to City Council for condemnation action Also, last Wednesday, we were made aware of changes in the ADA requirements for handicap ramps The ramps will take some minor changes at all of the intersections in the design which is fairly minor The quantities will have to be revised because they will take more concrete EPA requires that the ramp area of concrete now be colored so that a person with vision difficulties can pick them up easier because they are a little bigger and that will change the design of the walls somewhat After all of this is completed, which should take about a month, the City will begin advertising for bids Mr Goebel explained that the bids the City has been receiving have been coming in fairly high and it is a concern about bidding this time of the year Bidding is usually better early Spring when contractors are planning their projects for the Summer Prices are usually better in early January and February Council discussed the bid process and lights at pedestrian crossings Motion by Mr Resolution No title Edwards amending his motion to include draft 1435, seconded by Mrs Fields The Clerk read the Resolution No 1435 A Resolution implementing voter preference for reconstruction of West 38th Avenue between Cody and Kipling Vote on original motion as amended, carried 7-0 Following the conclusion of the Special Meeting, the Regular City Council meeting began I. ( /1 :"(../,('.1- i/.-.,',-,;; Wanda Sang, City c~e~ \ ' Tony So~no, \ .;-....'." \ BY CITY \ \ i COUNCIL ON NOVEMBER 28, 1994 BY A VOTE OF~ TO APPROVED , I l Council President CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building November 14. 1994 The Regular City Council Meeting was preceded by a Special Meeting, which was called to order by Mayor Wilde at 6:59 p m The Regular Meeting resumed after the conclusion of the Special meeting. 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, for City Attorney, Kathryn Schroeder, Darin Schanker, Director of Planning, Glen Gidley; Director of Parks & Recreation, Gary Wardle, Director of Public Works, Bob Goebel, Chief of Police, Jack Hurst; staff; and interested citizens. APPROVAL OF MINUTES of Septem ber 26, 1994, Special Meeting; Septem ber 26, 1994 Regular Meeting; October 17, 1994 Special Meeting; October 24, 1994 Regular Meeting. Motion by Mr Eafanti for the approval of the Minutes of the Septem ber 26, 1994 Special Meeting; seconded by Mrs Worth, carried 7-0 Motion by Mr Eafanti for the approval of the Minutes of the Septem ber 26, 1994 Regular Meeting; seconded by Mrs Fields, carried 7-0 Motion by Mr Solano for the approval of the Minutes of the October 17, 1994 Special Meeting; seconded by Mr Edwards; carried 7-0 Motion by Mr Eafanti for the approval of the October 24, 1994 Regular Meeting; seconded by Mr Siler; Mrs Worth asked for an addition on page 3, that Tom Taylor's petitions which ask for the Mayor's resign ation contained 154 names Motion carried 7-0 CITIZENS' RIGHTS TO SPEAK E'rena Hockenberry read portions of a letter addressed to Vance Edwards, in which she asked that he put an end to the differences between him and Mr Wilde and get on with the business of the governm ent of the City of Wheat Ridge Since a big issue was made out of Mr Edwards' kindness to a citizen during an illness, she told of the Mayor's kindness toward her family and other people. She presented a packet for each member of Council of over 300 names to the City Clerk of people who have endorsed the following statement: "We demand that the Wheat Ridge Council take no further action that will give 2 CITY COUNCIL MINUTES November 14, 1994 unfavorable publicity to the City of Wheat Ridge We further demand that time and energy be used to conduct only business pertaining to issues directly connected to City government and we request that Dan Wilde not consider resigning as Mayor of Wheat Ridge." Ric Ondrusek, 3815 Garrison, thanked the citizens who supported the 36 ft design and asked that we put everything behind us Bill Peterson, 6601 W 26th Avenue, stated that he and his family are long-time residents of Wheat Ridge and also conduct business here, he asked that Council display a more positive attitude during their meetings He commended Mr Middaugh and Ms. Schroeder for the fine job they are doing and apologized for the District I people for the way their Council-people have treated Mr Middaugh and Ms. Schroeder They have been very rude and disrespectful and he apologized for their behavior He thanked Mr Solano for giving $25000 to the holiday light display and presented a check for $100 from the Peterson family Ron Patera congratulated voters on their choice for the tax increase for the Police Department and the 36 ft for 38th Avenue. Tom Shockley reminded the Mayor and Council of the Oath of Office they took when they were sworn in You have to be responsible to all the citizens--not just the ones who support you and the ones you like. Jay Rasplicka, 4090 Ammons Street, addressed the lack of women on the Planning Commission, Mr Edwards' use of vulgarity; he supports Mayor Wilde. Virginia Ammon, 3005 Vance Street, spoke in support of Mayor Wilde, she would be proud to have him as a father and a grandfather figure for her children and grandchildren Boyd Adsit, 3225 Moore Street, agreed with previous speakers who spoke in favor of Mayor Wilde; all Councilmembers took an oath and should follow the same guidelines Mr Shockley pointed out to the Mayor; let's go forward and establish some decorum and respect. Bill Moore, 10024 W 30th Avenue, asked that Council bury the hatchet, shake hands, use a mediator and go forward; asked that Resolution 1433 be withdrawn by its authors without Council action Karen Thiessen is very surprised to hear all these people saying let's go forward and bury the hatchet; if the tables were turned and Mr Edwards had attacked Mr Wilde, this would not happen, they would be screaming for his resignation She thanked the voters who voted for 36 ft. Teri Dalbec spoke about the events of the past year leading up to the election on 38th Avenue; thanked the voters for their 36 ft vote, asked citizens not to sign a petition being passed around to tear down the old Wheat Ridge Middle School; suggested uses for the school, asked Council to authorize a study for the economic feasibility to keep the school. Lisa Rosson thanked the citizens of Wheat Ridge for their vote on 38th Avenue, thanked "Neighbors for a Safer Community" for all their work. CITY COUNCIL MINUr ~ November 14, 1994 Page 3 LOCAL LIQUOR AUTHORITY MATTERS Item 1. Transfer of Ownership for Patzcuaro, Inc , 7000 W 38th Avenue, Wheat Ridge, Colorado. City Clerk, Wanda Sang, presented the staff report. Motion by Mr Solano to approve the Transfer of Ownership from Patzcuaro's Inc , dba Patzcuaro's, 7000 W 38th Avenue, Wheat Ridge, Colorado, to Eugene Evangelista, dba Usta's Restaurant & Cantina, for the following reasons 1 All applications and fees required by statute have been filed and paid; 2. The applicant will be entitled to occupancy of the prem ises by virtue of a signed lease dated October 11, 1994, 3 The applicant has been cleared by the Police Department; seconded by Mr Eafanti; carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. 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) (Continued from October 24, 1994) Council Bill 70 was introduced on second reading by Mrs Behm, title read by the Clerk; Ordinance No 980 assigned. Mr Gidley presented the staff report. He stated that this plan has been changed somewhat from the plan previously presented to City Council One of the changes was a somewhat increased density Originally the applicant had plans for approximately 4 9 units per acre, the new plan is for approximately 5 6 units per acre. It proposes 124 dwelling units. Two legal protests have been filed by adjacent owners. They are objecting to any development on this property that would exceed 5 4 units per acre. The other protest is against any density higher than the density originally approved, i.e. 49 units per acre. David Dertina, St. Ives Real Estate, applicant, was sworn in by the Mayor and explained that they had retained the services of an award winning architect and had re-designed the development. He introduced Mike Kephart, who was also sworn in by the Mayor He explained why this particular concept was chosen The reason they went with the higher density was affordability Kevin Gilliqan, Builder, was sworn in by the Mayor and gave background on his company; he is planning on building a high quality project that the City will take pride in. CITY COUNCIL MINUTr-~ November 14, 1994 Page 4 Doris Ibbison. 3315 Marshall Street, was sworn in by the Mayor; she has no financial interest in this project, but some of her friends want to live there, she recommended the 5 6 units because people looking at this type of project do not want the huge yard; she also wants to keep the price lower Dan Benson. 4045 Miller Court, was sworn in by the Mayor; he represents the homeowners to the West who ask for no more than 54 units per acre. He feels the Weller property might be brought back into this project at a later date. Nancv Snow, 11155 W 40th Avenue, was sworn in by the Mayor; she is part owner of one of the duplexes on the North of this and is very interested in this project; all the developers say the same thing about needing higher density; she feels the neighbors have not been treated well during this process, neighbors will have to look at a 6 foot wall; compared density in neighboring areas, questioned what will happen with the Weller property; would like to see more green area. Ruth Schreiber. 3630 Vance Street, was sworn in by the Mayor; is in favor of this project and will be one of the first to buy a house there; does not want a big home, hopes that Council will make it at least 5 9 or 6 units per acre so senior citizens can afford to buy Harlan Mever. 3995 Holland Street, was sworn in by the Mayor; asked that Council go for the 5 6 units per acre. Phil Plummer. 10398 W 41 st Avenue, was sworn in by the Mayor; he lives directly north of the proposed project, likes the project very much, and asked that it remain at 4 9 units per acre as originally proposed. Applicant gave rebuttal; feels they have a special development; all their houses are not going to be 2-story houses; swimming pool was taken out because of the extra cost; prospective buyers were not interested in pool; the 4 9 units were only a prelim inary plan before they had a professional design Motion by Mrs. Behm that Case No WZ-94-14, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be approved for the following reasons 1 The request is consistent with the Comprehensive Plan 2. It is compatible with adjacent land use and zoning. 3 The criteria used to evaluate a rezoning support approval of this request. With the following conditions. 1 All requirements for an outline development plan be met at the final plan and plat stage 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions 3 Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4 The overall density shall be reduced to 5 4 units per acre. 5 A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41 st Avenue to Miller Street extended, and north to West 41st Avenue, seconded by Mr Eafanti. CITY COUNCIL MINUY-~ November 14, 1994 Page 5 Mrs. Worth asked for a friendly amendment under condition 5 it should read" Jefferson County Housing Authority property easemenL" This was accepted. Motion by Mrs. Worth to amend under condition 4 "The overall density shall be reduced to 4.9 units per acre", seconded by Mr Edwards; failed 3-4 with Councilmembers Worth, Edwards, and Fields voting yes. Mr Edwards will vote no on the original motion because he is concerned about the density and how that pertains to the specific zoning criteria we are mandated by law. when this came up it was 49 units per acre and he is tired of the developers stating they are going to pull out if they don't get their way Mrs. Worth agrees with Mr Edwards, we do have criteria to follow; there is a legal protest; people in the surrounding area have asked for 4 9 units, she will also vote against this Vote on original motion failed 4-3 with Councilmembers Worth, Edwards, and Fields voting no (Needed a majority vote of 6 yes votes to pass) Mr Edwards asked that as a member of the prevailing side, this be reconsidered at this time, Council Bill 70 with the conditions as provided, except in Condition 4 it say"4.9", seconded by Mrs. Worth, failed 3-4 with Councilmem bers Worth, Edwards, and Fields voting yes. Mr Siler moved to reconsider the previous vote, he got confused and voted differently than he had thought; seconded by Mr Edwards, carried 6-1 with Mr Solano voting no Vote on original motion with 4.9 units per acre carried 7-0 Item 3. 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) (Continued from October 24, 1994) Council Bill No 71 was introduced on second reading by Mrs Behm, title read by the Clerk; Motion by Mrs Behm that Case No WZ-94-15, be tabled for no longer than six (6) months to allow time for the owner to either develop a different proposal or to rejoin with the St. Ives proposal If no submittal is received by staff during the six-month period, this case shall be removed from the table and acted upon, seconded Mr Eafanti; carried 6-1 with Mrs Worth voting No CITY COUNCIL MINUT November 14 1994 Page 6 Item 4. Council Bill 65 - An Ordinance providing for the approval of rezoning from Residential-One (R-1) and Residential-Th ree (R-3) to Planned Residential Development (PRD)and for approval of an Outline Development Plan on land located at 3701 Quail Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No. WZ-94-6) (John and Julie Batug) (Continued from August 8, 1994) Council Bill No 65 was introduced on second reading by Mr Siler; title read by the Clerk. Mr Gidley stated that Case No WZ-94-6 is back before City Council only for the purpose of setting a public hearing date. Council Bill No. 65 was previously before City Council on second reading and the case was continued for the purpose of allowing the Board of Adjustment to hear the Flood Plain special exception issue The Board of Adjustment heard the issue at a public hearing and approved the special exception to the Flood Plain to ultimately allow for development of this property, and because the case was not posted and published for a public hearing tonight, a public hearing date needs to be set so the case can be republished and post the property and notify adjacent property owners for a full public hearing. Motion by Mr Siler that a Public Hearing be set for Council Bill No 65 on Monday, December 12th, at 700 PM, in the City Council Chambers Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded Mr Solano, carried 7-0 Item 5. 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 No 73 was introduced on second reading by Mrs Behm, title read by the Clerk. Mr Middaugh stated that a mistake was discovered in Council Bill No. 73 as presented to City Council, and requested that the ordinance be tabled because it contains only a part of what needs to be in an Act to cover all of the Special Uses Mr Middaugh presented a corrected draft ordinance to Council and requested that Council consider it on first reading December 12, 1994 Motion by Mrs. Behm to table Council Bill No 73, seconded by Mr Eafanti; carried 7-0 Mr Edwards questioned the reason for departing from normal Council procedu res and asked why this item was not placed on the agenda at the beginning of the meeting, and requested an interpretation of the rules Because anything that is added to the agenda needs to be brought up at the beginning of the meeting. CITY COUNCIL MINUT November 14, 1994 Page 7 Motion by Mr Edwards to suspend the rules and add to the Agenda Item 5A, An Ordinance Amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses, and Item 5B, An Ordinance providing for a one-half cent increase in the City's Sales and Use Tax for purposes of expanding and renovating the Police Department building and replacing the Police Department's Communication System seconded by Mr Solano; carried 7-0 Item 5A. Council Bill 78 - An Ordinance Amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge Relating to Special Uses. Council Bill No 78 was introduced by Mrs Behm on first reading; title read by the Clerk. Motion by Mrs Behm that Council Bill 78 be approved on first reading, ordered published, public hearing be set for Monday, December 12, 1994 at 700 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect one (1) day after final publication, seconded Mr Eafanti, carried 7-0 Item 5B. Council Bill 79 - An Ordinance providing for a one-half cent increased in the City's Sales and Use Tax for purposes of expending and renovating the Police Department Building and replacing the Police Department's communication system Council Bill No 79 was introduced by Mr Edwards on first reading; title read by the Clerk. Motion by Mr Edwards that Council Bill 79 be approved on first reading ordered published, public hearing be set for Monday, December 12, 1994 at 700 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately upon passage, seconded by Mrs Worth, carried 7-0 Item 6. 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 No No 75 was introduced on second reading by Mr Solano, title read by the Clerk; Ordinance No. 981 assigned. Motion by Mr Solano for approval of Council Bill No 75 (Ordinance No 981), seconded by Mrs Behm, carried 7-0 ORDINANCES ON FIRST READING Item 7. 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 Mr Eafanti title read by the Clerk. Nancv Snow, 11155 W 40th Avenue, asked that Council discuss during a Study Session if the Ordinance should really be changed; do they want daycare centers of all sizes in every neighborhood; this should not be done lightly; groundrules should be set; parking details need to be addressed; absolute criteria is necessary CITY COUNCIL MINUT Novem ber 14, 1994 Page 8 Norma Faes, 6215 W 35th Avenue, asked that criteria be set that cannot be changed; she has talked to four cities about their criteria and cited examples for Council. She asked that Council take into account the examples she cited from the City of Lakewood. Larrv Merkl, 7175 W 34th Place, stated that when he served on the LDR Task Force they did not allow large facilities in a residential area, only in a commercial area, Council is changing the Ordinance and by allowing Special Use Permits they can have large daycare centers in residential areas, the LDR Task Force excluded existing daycares Don't allow large daycare centers in every neighborhood in the City Ron Selstad, 2890 Lamar Street, agrees with Mr Merkl, this is not right, let's not do it; the only reason this is back is because the judge said separate the issues, don't make a bad mistake the second time. Motion by Mr Eafanti that Council Bill 74 be approved on first reading, ordered published, public hearing be set for Monday, December 12, 1984 at 7'00 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect one day after final publication, seconded by Mrs Behm Motion by Mr Edwards to table Council Bill 74, seconded by Mr Siler; carried 6-1 with Mrs Behm voting no Item 8. Council Bill 76 - An Ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, pertaining to Housing Codes Council Bill 76 was introduced on first reading by Mr Solano, title read by the Clerk. Motion by Mr Solano that Council Bill 76 be approved on first reading, ordered published, public hearing be set for Monday, December 12, 1994 at 700 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect January 1, 1995, seconded by Mr Eafanti; carried 7-0 Item 9. Council Bill 77 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Residential-Three on land located at 3637 Upham Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ -94-12) (Kevin Larson and Mike Roberts) Council Bill 77 was introduced on first reading by Mr Edwards; title read by the Clerk. Motion by Mr Edwards that Council Bill 77 be approved on first reading, ordered published, public hearing be set for Monday, December 12, 1994 at 700 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Solano; carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 10. Replacement of Exercise Equipment at Anderson Building. CITY COUNCIL MINUT November 14, 1994 Page 9 Motion by Mr Siler that the staff secure bids for new exercise equipment for the Anderson Building; seconded by Mr Edwards, carried 7-0 Item 11. Resolution 1433 - requesting the resignation of Mr Dan Wilde as Mayor of the City of Wheat Ridge Resolution 1433 was introduced by Mrs. Worth, title read by the Clerk. Mayor Wilde stepped aside and asked the Mayor pro tem to run the meeting for this item Mrs Worth thanked the Mayor and asked that Mr Edwards not vote on this item Mayor pro tem, Don Eafanti, asked the Clerk to read the Resolution in its entirety Bill Moore referred to his previous remarks in this meeting; asked again that the authors of this Resolution withdraw it without any further comment. Mrs Worth declined to do that Mr Moore has known Mr Wilde for over 30 years; he is a good man, although not a perfect man, let's go on from here in a better way and not be divisive Jim Peterson, 3209 Allison Street, expressed his support for Mayor Dan Wilde; Mr Wilde is a friend to the youth of this community; he is well respected and is a good role model for our youth, regarding the incident between the Mayor and Councilman Edwards, that was not enough to damage an honorable career and an honorable life, if this is enough to finish somebody, then we have become a very vicious community; people who are out to hang the Mayor, don't speak for him and for many other people in the community; he respects the Mayor as a human being; he is not perfect, he is human, and was angered by endless verbal abuse, urged the Mayor not to resign, he has heard Mr Edwards is pursuing assault charges against the Mayor; in his opinion he is wrong and is dividing the City more and more. Tom Taylor judges others by their actions not their words, read definitions from Webster's Dictionary for the words "Son of a bitch", "underhanded"; has had unpleasant experiences with Mayor Wilde, Mayor's actions were so far out of hand, that he feared for the wellbeing of several women who stood nearby; he exhibited irrational behavior which will forever be a disgrace to the position he now holds, he has watched countless things happen in this room that didn't fit decorum, Roberts Rules, etc , Mayor Wilde has betrayed the trust placed in him by Wheat Ridge voters, implored Council to act upon this disgraceful assault; not acting upon it must be perceived as condoning it. Doris Ibbison, 3315 Marshall Street, asked where we want this City to go and what kind of an image we want it to have; we can continue to act and re-act and make our City a laughingstock; let's put this issue behind us, this does not need to go one step further; let's start pulling the wagon together Bill Peterson, stated that just because Webster's Dictionary doesn't define "Son of a Bitch" as obscene, it doesn't make it right; just because he doesn't attend all of the meetings, it doesn't make him less of a citizen, his Councilpeople should be doing their job, he informed Mayor Wilde that many of his neighbors in District I do not want him to resign and support him, he hopes Council votes against this Resolution and supports the Mayor CITY COUNCIL MINUT Novem ber 14, 1994 Page 10 Ron Selstad, 2890 Lamar Street, was not present at the meeting, but he saw the tape, now people are saying "it's only one mistake"; we are comparing the person who did this to Patton and Truman--they never jumped anybody from behind; is this behavior acceptable, authority flows from the approval of those who grant it; he does not feel this was a spontaneous action, he is waiting for Councils' vote Lisa Rosson, stated what this is all about is power and control The first power of control leads to economic abuse and we have seen that quite frequently -- we have seen it in the WalMart Case and in the daycare case. We have seen it in the people who defended Mayor Wilde they donated to his campaign fund. It also leads to intimidation and that is exactly what is going on He told Mr Edwards you cannot go anymore to talk with the people in City Hall, you are not allowed because you are devious and underhanded. It goes to restricted freedoms. We cannot tolerate an act of physical violence, If you vote to support Mayor Wilde you are voting and supporting physical abuse. Teri Dalbec, stated someone said "Fool Me Once, Shame on Me, Fool Me Twice, Shame on You." She has watched over the year how Mayor Wilde jumped at a citizen who refused to answer exactly as Mayor Wilde wanted him to answer The incident was somewhat publicized but the citizens forgave him Then we obseNe Mayor Wilde jump and strike Mr Edwards from behind. This is the second time, do we forgive him, No This is an outrage, anyone who would jump and strike another person from behind would be arrested. She also questioned the petitions that were submitted if they were true petitions. She recognized a name that appears twice on the petitions. She requested that Mayor Wilde resign. Milo Steffen, 5837 Union Drive, stated he lives outside of the City As an outsider he requested to speak, and he doesn't like to be told exactly what to think. He said that someone spoke action speaks louder than words Whoever said that hasn't read the bible. He referred to the spoken word how it has brought Kings to their knees, and how the spoken word has insulted and assaulted people verbally causing them to act violently He spoke in support of the Mayor Polly Pinkston. 10630 West 46th Avenue, spoke chastising Mrs Worth and Mr Edwards She spoke not favoring Mayor Wilde, but because he represents her in the City of Wheat Ridge. She has had her differences with Mayor Wilde but she has never lost respect for him She asked that Council not support the Resolution submitted by Mrs Worth Jeremy Bowman, 3940 Allison Street, arrived late. He stated he was home watching the Council Meeting for about an hour and a half The main reason he decided to come down to the Council Meeting. He stated he is 19 years old, he has never met the Mayor He stated he has made mistakes in his life just as Mayor Wilde, Mr Edwards and Mrs. Worth have, but that is not a good enough of a reason to ask for his resignation He asked that the Council not approve the resolution Bob Dowlina, 3560 Allison Court, questioned how some Councilpeople dared to speak for all the citizens of Wheat Ridge, many people have voted for Mayor Wilde, he is sick and tired of the henhouse way things are being done around here, Mr Selstad lost the election for Mayor, but he is continually involved in politics, get it together and start working together as a team and get the City to go in the same direction. CITY COUNCIL MINUT Novem ber 14, 1994 Page 11 - Mrs Worth stated that the reason she introduced this Resolution is because she wants to send a message to everybody that it is never appropriate to settle your differences with a fist or to hit somebody because they call you a name Motion by Mrs Worth for the approval of Resolution 1433; seconded by Mrs Fields Mr Siler spoke in support of Mayor Wilde and although he does not condone Mr Wilde's action, he does not support this Resolution. If this Resolution passes, he will immediately ask for Mr Edwards' resignation. Mrs Behm agrees with everything Mr Siler said and she stated Mr Wilde has her complete support on Council and as his friend Mrs. Fields stated it is fashionable now to blame the victim and to say he made me do it; send a message to the citizens that violence is wrong and cannot be tolerated; she is a co-sponsor of this Resolution. Mr Edwards had asked that this item not be placed on the Agenda, this is distracting us from City business, he will not vote for this Resolution, leave decisions up to the voters, he will not be silent on unethical behavior, he has never denied as to what he said to Mr Wilde, it was a private conversation, but if he has offended people, he apologizes Mr Solano will vote against this Resolution, people have the ability to take care of things by voting Motion failed 2-5 with Councilmembers Worth and Fields voting yes 1b CONSENT AGENDA A. Resolution 1434 - amending the 1994 Annual Budget, providing additional funding for the Police Department. B Amendment to the Personnel Rules and Regulations regarding performance appraisal C Purchase of Calculator Motion by Mrs Worth to approve the Consent Agenda as printed; seconded by Mr Edwards, carried 7-0 Item 13. Selection of Mayor pro-tem Motion to appoint Don Eafanti as Mayor pro-tem, seconded by Mr Siler; carried 7-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh stated the chosen parliamentarian is the wife of a practicing attorney in the City of Wheat Ridge and this might create a potential conflict. He suggested that another parliamentarian be chosen. Motion by Mr Solano to accept Mary Beatty as parliamentarian, seconded by Mrs Worth, carried 7-0 Mr Middaugh has circulated the proposed Library Resolution to Council for their comment; he has not had any comments and wants Council approval to send it to the Commissioners CITY COUNCIL MINUT~~ November 14, 1994 Page 12 He asked that Council discuss the budget during Monday's Study Session, that is November 21, 1 994 ELECTED OFFICIALS MA TIERS Wanda Sang stated that one of our Election Commissioners had moved out of Wheat Ridge and Council needs to appoint another Commissioner; she also asked that a committee be appointed to discuss new election laws Claudia Worth moved to use the Family Tree family for our Christmas adoption, seconded by Mrs. Behm, carried 7-0 Mrs. Worth asked for clarification on wood burning ordinance, also, questioned abstentions by Board and Commission members and asked for clarification from City Attorney Jean Fields moved that all information and privileges be given to all members of Council, including Mr Edwards, seconded by Mrs Worth, carried 7-0 Motion by Mrs. Behm to adjourn, seconded by Mr Siler; carried 7-0 Meeting adjourned at 1 02 a.m ._/; t d, f. t, tv,. Wanda Sang, City Clerk .. , APPROVED BY CITY COUNCIL ON NOVEMBER 28, 1994 BY A VOTE OF ! TO U - - \ \\ '\rt: , 1 Tony Solano, Council President