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HomeMy WebLinkAbout10/23/1995 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building October 23. 1995 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Rae Jean Behm, Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES of October 9,1995 Motion by Mr Eafanti for the approval of the Minutes of October 9, 1995, seconded by Mrs Behm Mrs Worth asked that on page 5 all her comments regarding Pat Garrity be added. Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to newly appointed Board and Commission members, Dr Norgren, Animal Control Commission, Norman Clark, Civil Service Commission, Pat Garrity, Election Commission Mayor Wilde read the Proclamation for Community Policing Week in Colorado, October 23-29, 1995 CITIZENS' RIGHTS TO SPEAK Kari Ayers, representing Bayou Ditch Association, asked questions regarding Garrison Lakes Condominiums, there is currently construction going on and since a stop work order had been issued, she wondered why building permits had been granted The 100 year storm runoff drainage has not been addressed Mayor Wilde replied that the City will get back to Ms Ayers, they have no answers for her tonight. CITY COUNCIL MINUTES October 23, 1995 Page 2 Bill Shanley, representing the West Chamber of Commerce, serving Jefferson County, Wheat Ridge Issues Group, read a statement concerning the street widening ballot issue, in opposition to the amendment. A limited number of property owners make decisions affecting the entire community They urge the public to vote no on this issue Lee Fedel would like to see an Ordinance making people responsible for their trees. Frank Petticrew is deeply concerned about the proposed Charter Amendment on street width designation, specifically with only some residents being able to vote on the widening, this is taxation without representation and is in fact unconstitutional This amendment will divide the City; vote no on this amendment. William Wells complained about political signs being stolen from private property Bill Peterson does not believe that Mr Middaugh, Mr Wardle, and Mr Gidley should be fired if we get a new Mayor He thinks they all have done a great job Carol Palm thinks the City is sometimes being held hostage by big businesses, maybe we give too many incentives to them and should concentrate on new businesses coming in She does not feel Mr Middaugh is doing his job well, he is only doing what the Mayor wants Larry Merkl spoke to Mr Edwards' statement that he would fire Mr Middaugh, Mr Gidley, and Mr Wardle Each of these men have given professional opinions, based on fact, apparently that wasn't what Mr Edwards wanted to hear, so now they must go The last two years have been the most antagonistic in history of the City, and as a result not much has been accomplished At the center of each battle has been Mr Edwards with his charges of unethical behavior, charges of Charter violations and name calling Now the professional staff also faces his unfounded charges and he has crossed the line with his childish behavior by impugning the character of the professional staff members because they will not play cheap politics E'Rena Hockenberry stated that some motorists are using the middle lane on 38th Avenue as a passing lane, you can be ticketed and get some points against your license She thanked Mayor Wilde and anybody involved who saw to it that we had the money for the tree clean-up She is against the proposed Charter amendment; if her tax dollars are being used, she would like to have a say-so in the final spending of the money She thanked Mr Gidley, Mr Wardle, Mr Middaugh and Mr Wilde for all the hard work they have done to make Wheat Ridge such a nice place to live CITY COUNCIL MINUTES October 23, 1995 Page 3 Karen Thiessen thanked the members of Council who have served their constituents well by true representation for the past term, they are Vance Edwards, Claudia Worth, Teri Dalbec and Jean Fields You have been our voice for the past term and no matter what happens November 7 you can hold your heads up high and know that you have done an outstanding job and we won't forget it. She referred to the lawsuit filed against her by Wheat Ridge Alliance for Progress, spoke against Mayor Wilde, including his support of a 44 ft street expansion that the neighborhood didn't need nor want; trying to make special arrangements for his wife's employer and voting in favor of expanding his wife's employers business over the objections of the entire surrounding neighborhood, due to this behavior the City faced a lawsuit, which it lost; he embarrassed our entire City when he brutally assaulted Councilmember Edwards from behind, his election signs do not conform to sign code, they are too large. Spoke in favor of the proposed Charter amendment. Louise Turner read a letter from Wheat Ridge United Neighborhoods which was in favor the proposed Charter amendment. Mrs. Turner thanked the Councilmembers who have represented the citizens and the neighborhoods, Mr Edwards, Mrs Worth, Mrs Fields, and Mrs. Dalbec, who have consistently voted on the side of citizens She cannot find one instance where Mr Wilde has voted on the side of the neighborhoods or the citizens Tom Taylor stated that he has made materials available to the public through the City Clerk's Office to support the statements that he will make tonight. He referred to Council Rules of Order and Procedure, Paragraphs 8 1 and 84 He stated Mayor Dan Wilde assured him that he reads that document almost every day Throughout the past two years Mr Wilde has selectively enforced this rule to his political advantage When a statute is discriminately enforced becomes an infringement on the rights of the people against whom it is applied, and Wilde has consistently been lenient in the enforcement of this rule in instances which support his political advantage and stringent when he applies it to his opponents He referred to the meeting where Mr Wodell was allowed to single out another Wilde opponent, Councilman Vance Edwards, rather than addressing the Council body as the rule states. Twenty minutes of public comment time was consumed in the exchange between Mr Wodell, Mr Edwards and Mr Middaugh Mr Wilde allowed this to happen, being fully aware that the City Parliamentarian was not present that evening. Mr Taylor requested that he have the same equal time as Mr Wodell He had requested that the playing field be leveled equally in the best interest of all He had asked that Mayor Wilde accept responsibility for his inability to get results for mediation and consensus building within the governing body Nobody stepped forward. He has a problem with a City leader who does not know the difference between the truth and a lie Citizens of Wheat Ridge must unite and show Dan Wilde that he is not welcome to hold office in this beautiful City CITY COUNCIL MINUTES October 23, 1995 Page 4 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 26 - establishing the salary for the elected positions of Mayor, Members of Council, City Clerk, and City Treasurer, of the City of Wheat Ridge, during the term of office commencing November 13, 1995, and ending November 10, 1997 Council Bill 26 was introduced by Mrs Behm on second reading, title read by the Clerk; Ordinance No 1009 assigned Motion by Mrs Behm for approval of Council Bill 26 (Ordinance 1009), seconded by Mr Eafanti, carried 6-2 with Councilmembers Siler and Edwards voting no ORDINANCES ON FIRST READING Item 2. Council Bill 28 - an Ordinance providing for the approval of rezoning from Planned Industrial Development and Industrial to Planned Industrial Development District on land located at 4850 Ward Road and for approval of an outline development plan, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-12) (Alan C McLean) Council Bill 28 was introduced on first reading by Mr Solano, who also read the title Motion by Mr Solano that Council Bill 28 be approved on first reading, ordered published, public hearing be set for Monday, November 27, 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 Behm, carried 8-0 Item 3. Council Bill 29 - an Ordinance amending Ordinance 1002, Series of 1995, an Ordinance vacating a portion of Miller Street between West 41 st Avenue and West 39th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 29 was introduced on first reading by Mrs Behm, who also read the title Motion by Mrs Behm that Council Bill 29 be approved on first reading, ordered published, public hearing be set for Monday, November 27, 1995 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 Eafanti, carried 8-0 CITY COUNCIL MINUTES October 23, 1995 Page 5 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Resolution 1491 - approving an Intergovernmental Agreement between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and American Medical Response of Colorado for Ambulance Services Resolution 1491 was introduced by Mr Edwards, title read by the Clerk. Motion by Mr Edwards for the adoption of Resolution 1491, seconded by Mr Solano City Attorney, Jerry Dahl, recommended changes under Sections 3.5, 71, and 120 Mr Edwards and second directed that the changes as read into the record be adopted into the agreement. Carl Unrein with American Medical Response, was present and answered Councilmembers' questions Motion carried 8-0 Item 5. Environmental analysis and evaluation of trail corridors of the Wheat Ridge Greenbelt Report Approval Motion by Mrs Worth that the Environmental Analysis and Evaluation of Trail Corridors of the Wheat Ridge Greenbelt Report be adopted I further move staff proceed with implementation of phase one which includes relocating the multi use hard surface trail to the north side of Clear Creek approximately between Miller and Vivian Streets and establishing the Conservation Area, seconded by Mr Edwards, carried 8-0 Item 6. Resolution 1492 - approving an Intergovernmental Agreement between the City of Wheat Ridge and Wheat Ridge Economic Development and Revitalization Commission (EDARC) regarding sales tax increment. Resolution 1492 was introduced by Mrs Behm, who also read the title Ann Pitinga, EDARC, presented the staff report. Motion by Mr Edwards that this Item be postponed until the next regular Council Meeting (November 27, 1995) and that the Resolution be re-written to make it clear that all sales tax realized by Safeway be returned to the City; also that backup material contain the figures asked for by Mr Solano, seconded by Mrs Dalbec; carried 8-0 CITY COUNCIL MINUTES October 23, 1995 Page 6 Item 7. Request from Wheat Ridge Marketplace for additional funds. Lee Ambrose, managing partner of Wheat Ridge Marketplace, was present and asked Council for additional funds to complete the project. Motion by Mr Edwards to execute an Intergovernmental Agreement to give an additional $56,000 00 to Wheat Ridge Market Place and that information be brought back to Council for the requested $112,00000; seconded by Mr Siler; carried 8-0 Item 8. Resolution 1493 - adopting the 1996 City of Wheat Ridge Budget. Motion by Mr Solano for the approval of the 1996 Budget; seconded by Mrs Behm. Motion by Mr Siler to eliminate the $5,500 00 allocated to the Wheat Ridge Historical Society Motion died for lack of second Motion to approve the budget carried 8-0 Item 9. A. Resolution 1494 - declaring the intent of the City of Wheat Ridge to acquire a permanent easement on the real property located at 7174 West 38th Avenue, Wheat Ridge, Colorado B Resolution 1495 - declaring the intent of the City of Wheat Ridge to acquire an interest in the real property located at 7174 West 38th Avenue, Wheat Ridge, Colorado Motion by Mr Solano that Resolutions 1494 and 1495 be adopted, seconded by Mr Edwards, carried 7-1 with Mrs. Dalbec voting no Item 10. CONSENT AGENDA. A. Purchase of Computers (RFB #95-28) B Bid Award for Closed Circuit TV System (RFP #005-95) C Camping World ESTIP payment. Motion by Mr Edwards for approval of the Consent Agenda, seconded by Mr Solano Mrs Worth asked to pull Item A. and B Mr Edwards revised his motion for approval of Item C , seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES October 23, 1995 Page 7 Motion by Mr Edwards for approval of Item A., seconded by Mr Solano, carried 7-1 with Mrs Dalbec voting no Motion by Mr Edwards for approval of Item B , seconded by Mr Solano, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh asked that an Executive Session under Section 5 7(b)(3) of the Charter be held prior to adjourning the meeting Motion by Mr Solano to hold Executive Session prior to adjournment; seconded by Mr Edwards, carried 8-0 Mr Edwards will not attend the Executive Session since King Soopers is his employer and this will potentially benefit his employer CITY ATTORNEY'S MATTERS Mr Dahl stated that Nuisance Ordinances are being drafted as directed by Council during a study session ELECTED OFFICIALS MA TIERS Vance Edwards congratulated Mrs Worth and Mrs Fields for completing the CML elected official leadership training program He thanked the citizens of District I and citizens throughout this City for their support during his tenure on Council Claudia Worth wished everybody good luck on their election campaign and hopes everybody will be back. Rae Jean Behm, Jean Fields and Tony Solano thanked their constituents Teri Dalbec stated that they had received an ambiguous letter from the Highway Department regarding Wheat Ridge's Resolutions asking for sound barriers She also thanked her constituents. EXECUTIVE SESSION WAS HELD Meeting adjourned ft 11 05 P m. J'I~"i , , 'i i l.,,' l ~ ~ ..... Wanda Sang, City Clerk '- APPROVED BY CITY COUNCIL ON NOVEMBER 27,1995 BY A VOTE OF ~ TO ~ , \\ ~ . " , Council President