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HomeMy WebLinkAbout01/09/1995 1 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JANUARY 9, 1995 The City Council Meeting was called to order by Mayor Wilde at 7 00 P m Councilmembers present Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Rae Jean Behm was absent Also present City Clerk, Wanda Sang; City Administrator, Robert Middaugh; City Attorney, Kathryn Schroeder; Parliamentarian, Mary Bahde; Director of Public Works, Bob Goebel, Director of Parks, Gary Wardle; Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of December 12, 1994 Motion by Mr Eafanti for the 1994; seconded by Mr Siler Edwards' and her comments for Motion carried 6 0 approval of the Minutes of December 12, Mrs Worth asked that under Item 5 Mr voting no be recorded in the Minutes Mayor Wilde presented the 1994 YMCA Metropolitan Mayors and Commissioners Youth Award Nominees David Atkins, Kenny Boss, Terra Burritt, Keshia Cordova, Brian Davidson, Mya Drexler, Travis Izzard, Alisha Jetter, Peter Knuti, Chris Livingston, Michael Merritt, Cletus Montoya, Lisa Sellers, Shane Stanton, Donny Snyder, Nathan Van Vorst, Jeremy Wasinger CITIZENS' RIGHTS TO SPEAK Georqe Gassman, 3823 Wright Street, presented a petition from his neighborhood, asking that street lights be placed on their block Carol Palm presented her "Ten Top Reasons you are not happy living in Wheat Ridge" Geoff Wodell, appearing on behalf of the Wheat Ridge Task Force for Youth, thanked the City of Wheat Ridge, and in particular the Parks and Recreation Department, for all of the assistance they have given them since the Task Force was started last Spring Ron Se1stad, 2890 Lamar Street, stated that people In Wheat Ridge do not have the right of free speech; Karen Thiessen was served with a lawsuit from WRAP for opinions expressed at a City Council meeting CITY COUNCIL MINUT~~ January 9, 1995 Page 2 Mayor Wilde interrupted Mr Selstad and stated that that lawsuit did not involve the City and it is not proper to discuss this in a public forum If Mr Selstad wants to discuss freedom of speech, it is okay, but don't talk about the lawsuit Mr Edwards asked for clarification of the Rules; he thought Mr Selstad could speak on any item not on the Agenda If the Mayor stands by his decision that Mr Selstad cannot talk about this, Mr Edwards will appeal to the full Council This was seconded by Mrs Worth Mr Solano asked the City Attorney if we could discuss ongoing litigation Mrs Schroeder stated this should not be discussed by Council in a public forum Mr Selstad stated he does not expect Council to respond to his statements, he merely wants to express his opinion Appeal failed 3-3 with Councilmembers Fields, Worth, and Edwards voting yes Mayor Wilde asked Mr Selstad to continue speaking, but not on that lawsuit Mr Selstad stated that a number of residents had told him they were afraid to come and speak because of fears about Amendment One He feels respect and integrity in this City have reached new lows Free speech and petition rights are under ongoing attack; have we reached a point where everybody expressing their opinion is worried about being sued PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 80 - An Ordinance repealing and reenacting Section 21-1 through Section 21-100, Streets and Sidewalks, of the Code of Laws of the City of Wheat Ridge Council Bill 80 was introduced by Mr Edwards, title read by the Clerk; Ordinance No 987 assigned Mr Goebel answered Councils' questions Motion by Mr Edwards that Council Bill 80 (Ordinance 987) be approved on second reading and take effect 1 day after final publication, seconded by Mr Eafanti; carried 6-0 ORDINANCES ON FIRST READING Item 2. Council Bill 1 - An Ordinance prohibiting the defacing of public or private property Council Bill 1 was introduced by Mr Solano on first reading, title read by the Clerk Motion by Mr Solano that Council Bill 1 be approved on first reading, ordered published, public hearing be set for Monday, January 23, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon final passage; seconded by Mr Edwards; carried 6-0 CITY COUNCIL MINUT~; Item 3. January 9, 1995 Page 3 Council Bill 2 - An Ordinance providing for the approval of rezoning from Residential-Two to Residential-Two-A on land located at 10925 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-10) (Jeffco Housing Authority) Council Bill 2 was introduced by Mr Solano on first reading, title read by the Clerk Motion by Mr Solano that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, February 13, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards; carried 6-0 Item 4. Council Bill 3 - An Ordinance providing for the approval of rezoning from Planned Residential Development District to an amended Planned Commercial Development District and approval of a combined outline and final development plan on land located at 4140 Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-16) (Tri-KB Investments) Council Bill 3 was introduced by Mr Siler on first reading; title read by the Clerk Motion by Mr Siler that Council Bill 3 be approved on first reading, ordered published, public hearing be set for Monday, February 13, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr Solano; carried 6-0 Item 5. Council Bill 4 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Planned Commercial Development District and for approval of a combined outline and final development plan on land located at 12725 West 42nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-13) (George Johnston and Paula Tutty) Council Bill 4 was introduced by Mr Eafanti on first reading; title read by the Clerk Mr Middaugh asked that in Section 1 the words "and based upon recommendation for approval" be stricken Motion by Mr Eafanti that Council Bill 4 be approved on first reading, ordered published, public hearing be set for Monday, February 13, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Solano; carried 6-0 CITY COUNCIL MINUT-~ January 9, 1995 Page 4 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Motion to request Jefferson County Open Space to purchase the 67 acres along the eastern boundary of Crown Hill Park, 100% from the Jefferson County share of the Open Space fund Janelle Shaver, 8890 W 35th Avenue, read a letter from Wheat Ridge United Neighborhoods, that was presented to the Jefferson County Open Space Advisory Committee last Thursday The letter asks that Open Space buy the property in question Ms Shaver attended the meeting last Thursday and felt that the committee seemed very enthusiastic about buying the property They passed a Resolution to get the ball rolling and get an appraisal Open Space has no more money for 1995, but maybe Lakewood and Wheat Ridge could help out She presented a letter to Wheat Ridge City Council signed by 127 citizens, that strongly requests the Wheat Ridge City Council and Parks and Recreation Commission cooperate with Jefferson County Open Space and assist, financially or otherwise, in the purchase of this land Gary Wardle presented the staff report and answered questions Motion by Mr Siler that the City of Wheat Ridge request Jefferson County Open Space purchase the 67 acres along the eastern boundary of Crown Hill Park, 100% of the cost to come from Jefferson County share of the Open Space fund; seconded by Mr Solano, carried 6-0 Item 7. Resolution 1460 - establishing a fee structure for the new Street Cut Ordinance Resolution 1460 was introduced by Mr Siler; title read by the Clerk Motion by Mr Siler for the approval of Resolution 1460, seconded by Mr Solano; carried 6-0 Item 8. Motion to retain Van Schooneveld & Co as the City's auditing firm for 1994 Mr Middaugh stated that the previous City Council went through a selection process for a new external auditor, that is an outside firm that comes in an audits the City books and records, works for both the Treasurer's office and his staff At that time the auditing firm Grant Thornton was hired This past year there have developed problems with the current auditor, and he suggested that the contract not be extended From the original proposal, if Van Schooneveld & Co would be retained, they would finish out what was originally a three year engagement process for the city, so there would be two more audits left, depending upon satisfactory work Motion by Mr Edwards to retain Van Schooneveld & Co as the City's auditing firm for fiscal year 1994, and if their work is satisfactory that they also be retained to complete the audit for fiscal year 1995, seconded by Mr Eafanti; carried 6-0 CITY COUNCIL MINUT- January 9, 1995 Page 5 Mayor Wilde stated that due to an back to Item 1 (Council Bill 80) Middaugh and Mr Goebel He then Goebel error on his part, we He had neglected to swore in Mr Middaugh have to go swear in Mr and Mr Item 9. Appointment of Election Commissioner This Item has been withdrawn; it will go to the Committee for City Affairs first Item 10. CONSENT AGENDA A Motion to pay $224,299 to CIRSA Workers' Compensation Pool B Resolution 1461 - condemnation of 9835 West 38th Avenue property (Pauline J Burdett) C Motion to purchase data collector from Sokkia Measuring Systems in the amount of $2,950 00 Motion by Mr Edwards for the adoption of the Consent Agenda, seconded by Mr Solano, carried 6-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh distributed a survey regarding trash services, it will be addressed during the next City Affairs Committee meeting He gave update on Lakeside; distributed running list of items for upcoming study sessions Consensus was 6 in favor to discuss Council Rules of Order and Procedure at a meeting when Ms Bahde can be present ELECTED OFFICIALS MATTERS City Treasurer, Jim Malone, pointed out that the budget amount for audit would have to be changed due to the appointment of a new auditor City Clerk, Wanda Sang, asked that the committee report from the Election Committee be extended, since the committee has not been appointed yet She also needs another Election Commissioner Consensus was 6 in favor to extend the report to April 15, 1995 Jean Fields got several calls from Seniors stating that an employee at the Community Center had said that everything Mrs Field had reported about the fiasco at the tea party was nothing but lies and she wondered if Mr Middaugh's apology regarding that matter had been less than sincere Mr Middaugh said his apology had been Slncere Tony Solano did not recall that he had ever voted not information to people on this Council as stated by Mr Public Comment to give full Selstad under CITY COUNCIL MINUT- ~ January 9, 1995 Page 6 Ken Siler is in agreement with Mr Solano and feels that Mr Selstad linked him and other Councilmembers to that lawsuit against Karen Thiessen He doesn't know how he comes up with this comment He challenged Mr Selstad to prove that Mr Siler was at any meeting where any action was taken as to any decisions to sue Karen Thiessen That he had any involvement, that his name was ever linked to this lawsuit That he ever contributed any money to this lawsuit on behalf of WRAP and he would ask Mr Selstad that he would either prove these points by the January 23 meeting or give a public apology Claudia Worth extended her sympathy to the family and neighbors of the gentleman that died; thanked Chief Hurst for his memorandum on this matter She has been made aware that a person on the Planning Commission, Mr Langdon, has moved to Arvada; she asked that a new appointment be made She moved that citizens be allowed to either sit, pace, or stand wherever they are comfortable when addressing Council, seconded by Mr Edwards Mr Solano asked for an amendment that the citizens address the Council as whole and not the audience Mr Edwards will not accept this amendment as second to the motion People have a right to come in and speak for their 3 Minutes on anything they want Mr Siler asked that Mrs Worth withdraw her motion until after we have held our Study Session on the Council Rules Mrs Worth said no Mr Siler seconded Mr Solano's amendment Mr Solano withdrew his amendment Mr Solano called for the question, seconded by Mr Siler; failed 4-3 with Councilmembers Solano, Worth, Edwards, and Siler voting yes (This needed a two/thirds majority vote of Council) Original Motion tied 3-3 with Councilmembers Eafanti, Siler, and Solano voting no Mayor Wilde broke the tie by voting no Motion failed 4-3 Vance Edwards teased Mr Solano about the Christmas He in turn gave a note to Mr every time he looks at that lump of coal, lump of coal he sent him for Solano telling him that he thinks of Mr Solano Mr Edwards moved to adjourn; seconded by Mr Siler; carried 6-0 Meeting adjourned at 9 25 P m .J! Wanda Sang, City'Clerk APPROVED BY CITY COUNCIL ON JANUARY 23, 1995 BY A VOTE OF 5 with Mrs Behm abstaining TO~ \._/r-,.\..-) ~-t. (. ....!hi ......,.,...' Tony Sdlano, Council 'President