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HomeMy WebLinkAbout01/23/1995 1 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building JANUARY 23. 1995 The Regular City Council was called to order by Mayor Wilde at 7.00 p m after Council had held an Executive Session under Section 5 7(b)(1 )(B) of the Charter Councilmembers present: Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, and Claudia Worth Councilmember Tony Solano, was absent. Also present: City Clerk, Wanda Sang, City Attorney, Kathryn Schroeder; City Administrator, Robert Middaugh, Parliamentarian, Mary Bahde, Director of Planning, Glen Gidley; Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of January 9, 1995 Motion by Mr Eafanti for the approval of the Minutes of January 9, 1995, seconded by Mr Siler; carried 5-0 with Mrs Behm abstaining CITIZENS' RIGHTS TO SPEAK Nancy Snow, 11155 W 40th Avenue, stated it is sad that citizens have to be afraid of a lawsuit when they want to address their City Council, in her opinion, WRAP has brought City politics and City campaigning to a new low; she considers those members who have decided to file a lawsuit against Karen Thiessen as truly despicable, asked Council to reconsider their decision from last week as to who can say what at Council Meetings Cheri Jahn stated that due to a miscommunication, the announced skating party for the Youth Task Force would not take place Ron Selstad addressed being restricted in his comments last meeting, he was merely trying to state his opinions and not to discuss the lawsuit with Council, he is appalled at the memo from the City Administrator proposing that Council consider his suggestion that there be no more public comment at Council meetings Karen Thiessen thanked the many people who have offered her support during the last few weeks regarding the lawsuit filed against her; she feels WRAP could have sued any number of people, this is an attempt to to intimidate and silence her and cost her so much time and money that she never again wants to be involved in this political process Don't curtail people's right to speak. CITY COUNCIL MINUT- January 23, 1995 Page 2 Tom Slattery spoke On behalf of Wheat Ridge United Neighborhoods, and read a proclamation into the record "Neighborhood Awareness Month February 1995" Calvin Dodge spoke in favor of free speech Teri Dalbec addressed annexation of Lakeside, declaratory judgement on Dennis Hall recall, free speech, Wheat Ridge Junior High building, Council mediator at the cost of $3,000, don't curtail people's right to speak. Janelle Shaver asked City Council to reimburse the 4 people in District IV for their expenses for the declaratory judgement Tom Taylor took his 3 Minutes in silence LOCAL LIQUOR AUTHORITY MATTERS Item 1. Application for a new 3.2% Beer Retail License from Robert L. Murray, dba "Murray's Amoco, 4901 Kipling Street, Wheat Ridge, Colorado City Clerk, Wanda Sang, presented the staff report. Applicant, Robert L. Murray, was present to answer questions Motion by Mrs. Behm to approve the application for a new Class J-1 - 3.2% Beer Retail License for Robert L. Murray, dba "Murray's Amoco, 4901 Kipling Street, Wheat Ridge, Colorado, for the following reasons (I) All applications and fees required by statute have been filed and paid; (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements, (3) The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated June 23, 1994 (4) The applicant has been cleared by the Police Department. CITY COUNCIL MINUT- , January 23, 1995 Page 3 (5) The evidence adduced at the Public Hearing on January 23, 1995 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 73 signatures in favor of issuance -L signatures in opposition, and _2L signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Eafanti; carried 6-0 Item 2. Notice of Alleged Liquor Violation at Pigskins, 10051 1-70 Frontage Road, Wheat Ridge, Colorado Motion by Mrs Worth that we find just cause to have a hearing on the alleged violation at Pigskins Sports Bar, 10051 1-70 Frontage Road, Wheat Ridge, Colorado, seconded by Mr Edwards Chief of Police, Jack Hurst, was sworn in by the Mayor and gave background report on the alleged violation Motion carried 6-0 Motion by Mrs Worth that a Notice of Hearing and Order to Show Cause be prepared by the City Attorney and executed by the Mayor and City Clerk and be issued to RyTy Futures, Inc , dba "Pigskins, the Ultimate Sports Saloon, 10051 1-70 Frontage Road, Wheat Ridge, Colorado, based on allegations contained in the attached Request for Show Cause Hearing The hearing is scheduled for March 13, 1995 at 6 00 P m I further move that the Police Department prosecute this case, seconded by Mr Edwards, carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3. Council Bill 1 - An Ordinance prohibiting the defacing of public or private property Council Bill 1 was introduced by Mr Edwards, Ordinance No 988 assigned Mr Middaugh presented the staff report. Motion by Mr Edwards that Council Bill 1 (Ordinance 988) be approved and take effect immediately upon passage, seconded by Mrs Worth, carried 6-0 CITY COUNCIL MINUT- , January 23, 1995 Page 4 Item 4. Application by BA Wyatt for approval of a two-lot minor subdivision for property zoned Planned Commercial Development at 4940 Ward Road (Case No MS-94-4) Mrs Worth introduced Case No MS-94-4, Mr Gidley was sworn in by the Mayor and presented the staff report. Allan Oiala, applicant, was sworn in by the Mayor; gave history on the alley; and asked for approval of subdivision and alley vacation John Sillison, 12300 W 49th Place, was sworn in by the Mayor; he does not consider this an alley, but only emergency access. There will be problems if vehicles are starting to go through that alley Motion by Mrs Worth that Case No MS-94-4, a request for approval of a two-lot minor subdivision for property located at 4940 Ward Road, be approved with the following condition 1 The right-of-way dedication for Ward Road be shown as ten foot; seconded by Mr Edwards, carried 6-0 Motion by Mrs Worth that the request for vacation of a 15-foot wide alley easement on property located at 4940 Ward Road, by Denied for the following reasons. That alleyway needs to be kept open for fire easement and should not be built on The plats and the buildings have been built as an industrial area and the vacating of the alleyway would not be conducive to the safety of the people that work and live in that area, seconded by Mr Edwards, carried 5-1 with Mrs Behm voting no ORDINANCES ON FIRST READING Item 5. Council Bill 5 - An Ordinance providing for the approval of rezoning from Commercial-One to Residential-One C on land located at 5680 West 29th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-4) (LeRoy J Schroder, II) Council Bill 5 was introduced on first reading by Mr Edwards, title read by the Clerk. Motion by Mr Edwards that Council Bill 5 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 Mrs Worth, carried 6-0 CITY COUNCIL MINUT~~ January 23, 1995 Page 5 Item 6. Council Bill 6 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of Chapter 22, Article II of the Code of Laws of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanges Council Bill 6 was introduced On first reading by Mr Eafanti, title read by the Clerk. Motion by Mr Eafanti that Council Bill 6 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 upon passage, seconded by Mr Siler; carried 4-2 with Mrs Worth and Mr Edwards voting No DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Bid Award for West 38th Avenue Street Improvement Project (RFB #94-07) Motion by Mrs Worth that the West 38th Avenue Street Improvement Project (RFB #94-07), be awarded to Hamon Constructors, Inc in the amount of their bid of $1,817,175 00 That a 2% early completion incentive bonus in the amount of $36,343.50 be established That a contingency account in the amount of $221,71800 be established That the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $2,075,236 50 be charged to Account Number 30-303-847 That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1995 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Edwards, carried 6-0 Motion by Mrs Worth to hold a groundbreaking celebration and invite interested citizens, seconded by Mrs Fields, carried 6-0 Item 8. Contract for land use analysis on Arvada and Wheat Ridge border Motion by Mrs Worth to postpone this Item to our next regular meeting; seconded by Mrs Fields, carried 6-0 Item 9. Approval of 4 warranty deeds and 1 quit claim deed for 38th Avenue, Cody to Kipling Motion by Mr Edwards that the quit claim deed for the property at 8888 W 38th Avenue be accepted as presented and that $10 be paid for the quit claim deed, seconded by Mr Eafanti, carried 6-0 Motion by Mr Edwards that the warranty deed for ROW at 4470 Lee Street be postponed until the next regular City Council meeting, seconded by Mrs Worth, carried 6-0 CITY COUNCIL MINUT~~ January 23, 1995 Page 6 Motion by Mr Edwards that the warranty deed for ROW at 3790 Kipling Street be accepted as presented and that $6,000 00 be paid for said warranty deed and charged to the City's Capital Improvement Fund Account #30-303-847, seconded by Mr Eafanti, carried 6-0 Motion by Mr Edwards that the warranty deed for ROW at 9905 w 38th Avenue be accepted as presented and that $1,76700 be paid for said warranty deed and charged to Capital Improvement Fund Account #30-303-847, seconded by Mr Eafanti, carried 6-0 Motion by Mr Edwards that the warranty deed for ROW at 3790 Holland Street be accepted as presented and that $1,86000 be paid for said warranty deed and charged to the Capital Improvement Fund Account #30-303-847, seconded by Mr Eafanti; carried 6-0 Item 10. CONSENT AGENDA. A. Software Maintenance for 1995 for Police Dept. B Carpet Replacement for W R. Community Center Motion by Mr Edwards for the approval of the Consent Agenda, seconded by Mr Siler; carried 6-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh reminded Council of their joint Study Session with Arvada next Monday He explained the reasons and real meaning of his memo regarding public comment that had been addressed earlier by various citizens CITY ATTORNEY'S MATTERS Kathryn Schroeder has no updates on any of our pending cases She has heard nothing further from the Judge on the declaratory judgement matter She stated that she is not trying to overthrow the Charter as was alleged earlier by a citizen, she is merely seeking clarification of conflicting Charter sections at the direction of Council ELECTED OFFICIALS MATTERS Vance Edwards moved that the trash study be dropped, seconded by Mr Siler; carried 5-1 with Mrs. Behm voting no Mr Edwards did interpret Mr Middaugh's memo as saying that there would be no more public comment during Council meetings, the citizens are the boss and they should be able to come in and say anything they like, they have that right. Claudia Worth asked for consensus that City Clerk, Wanda Sang, appoint somebody from District IV to be on the Election Committee Mrs Worth is the only Councilperson representing District IV, she has already appointed 1 citizen and wants the Clerk to appoint another Consensus was 6 in favor CITY COUNCIL MINUT~~ January 23, 1995 Page 7 She questioned again if the Planning Commissioner from District ill has moved out of Wheat Ridge, Mr Siler stated that was not the case Mrs Worth asked for a follow-up on this Mrs Worth also asked that an Election Commissioner be appointed --preferably from the east side of Wadsworth She questioned Mr Middaugh about bonuses given to employees, she does not recall this was approved in the budget. Mr Middaugh explained it was part of the budget. Mrs Worth would like to see the criteria for the bonus in writing She questioned why a letter to the library board, dated January 9, took to so long, Council passed a Resolution on October 24 and it took this long to send it. Mr Middaugh stated there had been an amendment to the Resolution and then the holidays Ken Siler reiterated that he had nothing to do with WRAP's lawsuit against Karen Thiessen, Mr Selstad has not given any proof that Mr Siler had anything to do with this If this Council would not be constantly pressured by outside factions, they could do a good job of getting City business done and would not need an outside mediator to come in and help them He gave update on DRCOG air quality meetings. Don Eafanti is proud of being on the plaque outside Council Chambers that lists all the Elected Officials who have served in Wheat Ridge Mavor Wilde gave update on Mayors' meeting where air pollution and light rail were discussed. He is in favor of more light rail, feels most of the pollution is caused by cars Jean Fields gave report on CML workshop that she and Mrs Worth had attended, Wheat Ridge was mentioned several times and snickered at, embarrassing her and Mrs Worth She cited as an example a recent editorial in the Rocky Mountain News regarding Wheat Ridge Motion by Mr Edwards to adjourn, seconded by Mr Eafanti, carried 6-0 Meeting adjourned at 10 18 P m. APPROVED BY CITY COUNCIL ON FEBRUARY 13, 1995 BY A VOTE OF -L TO ~ I I . i I If Tony Solano, Council President