Loading...
HomeMy WebLinkAbout05/23/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MAY 23, 1983 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry ~erkl, and Kay Ore Nancy Snow arrived at 7 35 p m Also present Deputy city Clerk, Faye Greene City Administrator, Tom Palmer Assistant to the City Attorney, Lee Phillips Department Heads Charles Stromberg, "odger Young, Chief Jaquay; staff and interested citizens Motion by Mr Davis to approve the Minutes of May 9, 1983; seconded by Mr Aiello; carried 5-2 with Mr Hobbs and ~1r Lewis voting lJo PROCLAMATIONS OR CEREMONIES Mayor Stites presented Volunteer Award Certificates to Cherrilyn Begin of the Senior Resource Center; Ron Eckdahl, Resident Sales ~lanager of SCA Services of Colorado; Paul L Delaney Jr , Sales ~1anager of SCA Services of Colorado, and Scott Bartel, citizen, who volunteered their services for cleaning up the property at 3205 Jay Street for the cleanup project I-layor stites thanked Kathy Richey for the time she volunteered toward this project The Mayor administered Oath of Office to Linden Meeks, Personnel Commission and Ronald Grannell, Animal Control Commission The Mayor read the Proclamation declaring Public Works Week, May 22 through 28, 1983 and he complimented Rodger Young and Dave Twedt for the display in the lobby, the good work they do in the department and the excellent job on snow removal in December CITIZENS' RIGHT TO SPEAK There was no one present to speak t-lr Aiello moved to suspend the Rules and move Item 23, the Consent Agenda and place it before Item 2 and at the City Clerk's request to delete Item 23-D; seconded by Hrs Ore; carried 5-3 with Councilmembers Snow, bobbs, and Lewis voting No PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 63 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) and Agricultural-One (A-i) to Planned Residential Development (PRD) and approval of a Combined Outline and Final Development plan and plat on land located at approximately 5001 Garrison Street, City of Wheat Ridge, County of ~efferson, State of Colorado (Warren Cruise) (Case No WZ-83-6) CITY COUNCIL MINUTES MAY 23, 1983 Page -2- Council Dill 63 was introduced on second reading by ~rs Ore; title read by the Clerk Br Stromherg gave the staff rerort and entered documents into the record ~r Dan Dawson, architect, was sworn in and presented favorable comments for the condominium project, which is called Garrison Lakes His comments included handling of the traffic, bikepath, revenue to the City, park fees and drainage Council concerns included the number of people in the development, drainage, open space, and rental possibilities, bikepath to Birdland Park, the widening of Garrison street, cost of the bihepath to the City, the letter of credit for street improvement and drainage Ric Minetor, City Engineer, was present and clarified the questions regarding the widening of Garrison from 49th Ave to Eirdland Park Motion by Mrs Ore that Council pill 63 (Ordinance 531) a request for a change of Zone from A-l and R-2 to PRD and approval of a combined Outline and final Development Plan and Plat on property located at approximately 5001 Garrison street, be ap- proved for the following reasons 1) Planning Commission and staff recommend approval; 2) the request is consistent with the Comprehensive Plan 3) this proposal is compatihle with adjacent land uses and zoning; 4) all conditions and requirements have been met; with the condition that the approved letter of credit be added to the plans before they are recorded; seconded by ~r Aiello; carried 8-0 Failed Motion to amend by Mrs Snow that on the western portion of the plat two buildings be re- moved to provide ten additional parking spaces for visitors Motion failed for lack of a second Consent Agenda Item 23 A Resolution 845 - A resolution to abolish the Police Advisory Committee B Motion to have Executive Session for appraisals on Lena Gulch C Motion to change June 6 Study Session to regular meeting, move Study Session to June 22 D Motion to approve consultant, namely Carol Hampf, to help with the election at an hourly wage comparative to our department heads, approximately fifty (50) hours at 20 no per hour Motion by Mr Aiello to approve the Consent Agenda with the omission of Item D; seconded hy Mr Meryl Mr Lewis requested to pull Items Band C Motion carried on Item A 8-0 Item B - carried 6-1 with ~lr Hobbs voting No and Mrs Snow abstaining Item C - carried 5-3 with Councilmembers Lewis, HObbs, and Snow voting No CITY COUNCIL MINUTES MAY 23, 192,3 Page -3- NEW BUSINESS ORDINANCES ON FIRST READING Item 2 Council Bill 67 - An Ordinance initiating an amendment to Section 2 2 of the Home Rule Charter of the City of Wheat Ridge Council Bill 67 was introduced on first reading by Mr Aiello; title read by the Clerk Motion by Mr Aiello that Council Bill 67 be app- roved on first reading, ordered published, public hearing be set for ~londay, June 6, 1983 at 7 30 P m in City Council Chambers, ~lunicipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special Nunicipal Election, and if adopted take effect July 13, 1983 seconded by Mr ~lerkl carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes ~lr Lewis thought the city Attorney should have been consulted on these Amendments Item 3 Council Bill 68 - An Ordinance initiating an amendment to the Horne Rule Charter of the City of ~fueat Ridge, by amending sections 3 I, 3 7, 3 9, and 4 3, relating to Elected Officials' Terms of Office Council Bill 68 was introduced on first reading by Mr Burt title read by the Clerk Motion by Mr Burt that Council Bill 68 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in city Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983; seconded by Mr Aiello; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Mr Lewis requested that the ~linutes reflect on every item his motions, comments, and state- ments Failed Motion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Failed amendment by Mrs Snow that sometime between now and June 6 see if they can possibly coordinate Agenda Items 2 and 3 as she feels as they now stand it will cause considerable problems CITY COUNCIL MINUTES Hay 23, 1983 Page -4- Item 4 Council Bill 69 - An Ordinance initiating an amendment to the Home Rule Charter of the City of ~~eat Ridge, amending Section 3 2, by the addition of a paragraph, specifying when the tJlayor shall break tie votes In Council Council Bill 69 was introduced on first reading by Mr Aiello title read by the Clerk Motion by Mr Aiello that Council Bill 69 be app- roved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special ~lunicipal Blection, and if adopted take effect July 13, 1983; seconded by ~r Burt; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed ~lotion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by ~lr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Mrs Snow stated that we are making major changes without a committee Item 5 Council Sill 70 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending the second paragraph of section 3 4 Council Bill 70 was introduced on first reading by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 70 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special ~1unicipal Llection, and if adopted take effect July 13, 1983 with the following correction in Section 1 following the first sentence add "The City Administrator shall not be required to live within the City Limits" In the following sentence the word "by" be deleted seconded by !lr Merkl; carried 5-3 with Council- members Lewis, Snow, and Hobbs voting No Failed Motion by ~'fr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warr- anted, bring it to the Study Session and then if warranted, bring it hack as an agenda item; seconded by Mr Hobbs; failed 5-3 with Coun- cilmembers Lewis, Snow and Hobbs voting yes Item 6 Council Bill 71 - Home Rule Charter Sections 3 13 and An Ordinance of the City 4 9 initiating an amendment to the of ~meat Ridge, amending CITY COUNCIL MINUThS fvlAY 23, 1983 Page -5- Council Bill 7l was introduced on first reading by Mrs Ore title read hy the Clerk Motion by ~1rs Ore that Council Bill 71 be approved on first reading, ordered published, public hearing be set for t10nday, June 6, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 special Municipal Election, and if adopted take effect July 13, 1983; seconded by Mr Aiello; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by t'Jr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Co- uncilmembers Lewis, Snow and Hobbs voting yes Item 7 Council Fill 72 - An Ordinance initiating an amendment to the Home Rule Charter of the City of v~eat Ridge, amending Sections 3 l4 and 4 lO, relating to conflicts of interest by Elected Officials council sill 72 was introduced on first reading by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 72 be approved on first reauing, ordered published, public hearing be set for t10nday, June 6, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the regis- tered electors at the July l2, 1983 Special Municipal Election, and if adopted take effect July l3, 1983; seconded by Mrs Ore; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed amendment by Mrs Snow that a sentence he added that " the City Attorney will decide if there is a conflict of interest" seconded by Mr Lewis Failed 5-3 with Councilmembers Snow, Lewis, and Hobbs votinq yes Failed Motion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community devel- opment meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item seconded by Mr Hobbs; f- ailed 5-] with Councilmembers Lewis, Snow and Hobbs voting yes Item 8 Council Bill 73 - An Ordinance initiating an amendment to the Home Rule Charter of the City of ~meat Ridge, by adding Section 3 1('), entitled "rlisconduct in Office by Elected Officials " CITY COUNCIL tlINUTES t1AY 23, 1983 Page -6- Council Bill 73 was introduced on first reading by Mr t1erkl; title read by the Clerk Motion by Mr Merkl that Council Bill 73 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the regis- tered electors at the July 12, 1983 special tlunicipal Election, and if adopted take effect July 13, 1983 seconded by Mr Davis carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed t10tion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow ano Hobbs voting yes Failed motion by Mrs Snow to amend section (a) by inserting after "the remaining members of Council", "or by any citizen of the City of vmeat Ridge" seconded by Mr Lewis failed 5-3 with Councilmembers Snow, Hobbs, and Lewis voting Yes Failed motion by tlr Lewis to amend the first paragraph of Section 1 to read" all elected and appointed officials and all employees of the City" and that this should reflect in the title also; seconded by nr Hobbs; failed 6-2 with Councilmembers Hobbs and Lewis voting Yes Failed motion by t'rs Snow to include "any Elected or Appointed Official"; sec- onded by Mr Lewis, failed 5-3 with Councilmembers Hobbs, Lewis and Snow voting Yes Item 9 Council Bill 74 - An Ordinance initiating an amendment to the Home Rule Charter of The City of vmeat Ridge amending Section 4 5(b) Council Bill 74 was introduced on first reading by Mr Merkl; title read by the Clerk tlotion by Mr tlerkl that Council Rill 74 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the regis- tered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983 seconded by Mr Davis; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs votinq No Failed Motion by tlr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed S-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item 10 Council 75 - An Ordinance initiating an amendment of the Home Rule Charter of the City of Wheat Ridge, by adding Section 4 11, Prejudicial Involvement CITY COUNCIL MINUTES ~jAY 23, 1983 Page -7- Council Bill 75 was introduced on first reading by Mr Davis; title read by the Clerk t10tion by Mr Davis that Council Bill 75 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the regis- tered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July l3, 1983; seconded by tlrs Ore; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, hrinq it back as an agenda item; seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item 11 Council Bill 76 - An Ordinance initiating an amendment to the Home Pule Charter of the City of Wheat Ridge by amending Section 5 7(b) (2) Council Bill 76 was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 76 be approved on first reading, ordered published, public hearing be set for ~10nday, June 6, 1983 at 7 30 P m in City Council Chambers, ~1unicipal Puilding, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983; seconded by Mr Merkl; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed tlotion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item 12 Council Bill 77 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending Section 5 7 by the addition of subsection (d) Council pill 77 was introduced on first reading by Mr t1erkl; title read by the Clerk Motion by Mr Merkl that Council Bil] 77 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 P m in City Council Chambers, t1unicipal Building, and if approved on second reading, be submitted to a vote of the regis- tered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983 seconded by Mrs Ore carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed tlotion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes CITY COUNCIL MINUTES t-lAY 23, 1983 Page -8- Item 13 Council Bill 78 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amendinq section 5 9 Council Bill 78 was introduced on first reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 78 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 P m in city Council Chambers, ~1unicipal puilding, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983; seconded by Mr Davis; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item l4 Council Bill 79 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending Sections 6 l(b), 6 led), and Section 6 2(b) and adding a new section 6 2(c) specifying percentile of Registered Voters and adding Procedures for Initiative and Referendum Council Bill 79 was introduced on first reading by Mrs Ore title read by the Clerk Motion by Mrs Ore that Council Bill 79 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July l2, 1983 Special t1unicipal Election, and if adopted take effect July l3, 1983; seconded by Mr Merkl; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by t1r Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, brinq it back as an agenda item; seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Mrs Snow was conc- erned with the percentage increase of signatures for Initiative and F'eferendum Item 15 Council Bill 80 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending Section 10 l3 CITY COUNr T, HItJUTES MAY 23, 1983 Page -<;'- Council Bill 80 was introduced on first reading by Mr Aiello; title read by the Clerk ~lotion by Mr Aiello that Council Bill 80 be app- roved on first reading, ordered published, public hearing be set for 1'londay, June 6, 1983 at 7 30 P m in City Council Chambers, ~lunicipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special ~1unicipal Election, and if adopted take effect July l3, 1983; seconded by Mr Merkl; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed ~~otion by Hr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item 16 Council Bill 81 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending Section 13 1 Council Bill Ai was introduced on first reading by Mr Merkl; title read by the Clerk Motion by ~Ir Merkl that Council Bill Ai be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 p m in City Council Chambers, ~lunicipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July l2, 1983 Special Municipal Election, and if adopted taye effect July 13, 1983; seconded by Mr Burt; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed ~'lotion by ]\Ir Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item l7 Council Bill 82 - An Ordinance initiating an amendment to the Home Rule Charter of the City of ~meat Ridge, by amending Section 16 5 Council Bill 82 was introduced on first reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 82 be approved on first reading, ordered published, public hearing be set for Monday, June E, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July 12, 1983 Special Municipal Election, and if adopted take effect July 13, 1983; seconded by Hr Merkl; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed Motion by Hr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item; seconded by Mr Hobbs; failed S-3 with Councilmembers Lewis, Snow and Hohbs voting yes Failed motion by Mrs Snow that this amendment he sent to the Parks Commission for their comments prior to the, June 6, 1983 hearinq; seconded by Mr Le~is; tal~ed 4-4 wlth Councllmembers Snow, Hobbs, LeWlS and Burt votlng Yes CITY COUNCIL MINUTES MAY 23, 1983 Page -lO- Item 18 Council Bill 83 - An Ordinance initiating an amendment to the Home Pule Charter of the City of Wheat Ridge, deleting Section l6 8 and adding a new Section l6 8, setting forth procedures to amend the Charter Council Bill 83 was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 83 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July l2, 1983 Special Municipal Election, and if adopted take effect July 13, 1983 seconded by Mr Merkl; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed ~lotion by Mr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item seconded by Mr Hobbs failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes ~1rs Snow's objection to this bill was that she felt it was adopting State Law which has lapses and she thinks the City Attorney should have written this Ordinance Item 19 Council Bill 84 - An Ordinance initiating an amendment to the home Rule Charter of the City of Wheat Ridge, by amending Section 16 II by the addition of a subparaqraph defining "Registered Elector", and changing all instances in the Charter reading "Qualified Elector" to read "Registered Elector" Council Bill 84 was introduced on first reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Pill 84 be approved on first reading, ordered published, public hearing be set for Monday, June 6, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July l2, 1983 Special ~lunicipal Election, and if adopted take effect July 13, 1983; seconded by Mr Ore; carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No Failed ~10tion by ~1r Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an aqenda item seconded by Mr Hobbs; failed 5-3 with Councilmembers Lewis, Snow and Hobbs voting yes Item 20 Council Bill 85 - an Ordinance initiating an amendment to the Home Rule Charter of the City of ~fueat Ridge, by amending Section 5 10 relating to Legal Protests on Rezonings CITY COUNCIL MINUTES ~IAY 23, 1983 Page -ll- Council Bill 85 was introduced on first reading by Mr Davis; title read by the Clerk t-lotion by t,lr Davis that Council Bill 85 be approved on first reading, ordered published, public hearing be set for Monday June f, 1983 at 7 30 P m in City council Chambers, Municipal Building, and if approved on second reading, be submitted to a vote of the registered electors at the July l2, 1983 Special Municipal Election, and if adopted take effect July 13, lQ83; seconded by Mrs Ore; carried 5-3 with Councillilembers Hobbs, Lewis, and Snow voting No Failed motion by tlr Lewis to continue this item for at least 30 days so that Council may follow its procedure, bring it to the community development meeting and if warranted, bring it to the Study Session and then if warranted, bring it back as an agenda item seconded by Mr hobbs; failed 5-3 with Hobbs, Lewis and Snow voting Yes Item 21 Resolution 843 - Supporting the Granting of a certificate of Public Necessity to the Hospital Corporation of American Health Services of Colorado, Inc for the establishment of a psychiatric Care Facility in Jefferson County Resolution 843 was introduced by Mr Aiello title read by the Clerk Mr James Cole, Executive Director of Wallace Village for Children, 8754 Independence Way, Arvada, was sworn in by the Mayor, and spoke in ob- jection to the Resolution because he feld that this would take Wallace village's Certificate of Need away from them and that a vote for this Resolution would be a vote against Wallace Village tlotion by Mr Lewis is adopt Resolution 843 with the amendment suggested by Mr James Cole by the addition to the last paragraph of the Resolution "over and above beds already awarded to Wallace Village for Children and adolescents" with the approval of t'lr Nelson Nadeau, Director Jefferson County De- partment of Social Services seconded by Mrs Snow; carried 8-0 Item 22 Resolution 844 - Approving the Intergovernmental Agreement by and among the Cities of Wheat Ridge, Arvada, Lakewood, and the County of Jefferson for creation of a Jefferson County Corrections Board Resol ution 843 was introduced by t-lr Ivlerkl; title read by the Clerk Chief Jaquay commented on the Pesolution and stated that the Corrections Board makes decisions on location of correction facilities, approves or disapproves the placement of types of individuals within those facili- ties, dentention and half-way houses and other correctional facilities so the alternative to this would be for Wheat Ridge to have a Correction Board of it's own which could make it's own decisions on the locations of these institutions for the purposes of having input into these deci- sions He recommends adoption of this Resolution and our participation in the Intergovernmental Agreement Council was concerned with liabil- ity, language of the agreement and the advisability of talking with t-lr Hayes about this t,lotion by tv'r Lewis for continuance of this item for one week until the City Attorney returns and can be discussed with him and the decision made at that time seconded by Mr Davis carried 7-1 with Mr Aiello voting No CITY COUNCIL MINUTES ~1AY 23, 19R3 Page -l2- CITY ADMINISTRATOR'S MATTERS Mr Palmer stated that there was one item that was put in as an Informa- tion Only Item that should have been an agenda item, the Refund of Curb and Gutter Funds, and he asked if Council would care to make a motion so that these refunds could be paid Motion by ~lr Aiello that the memo from the City Administrator be approved has the policy for curb, qutter, sidewalk installation or replacement and that residents who tOOY part in previous program in 1981 and 1982 be refunded their 50% share of the curb and gutter not sidewalk and that $38,030 be transferred from ac- count #31-607-795 to account #31-303-844 for the refunds; seconded by I'lrs Ore by Mrs Ore; carried 7-1 wi th ~1rs Snow voting No CITY ATTORNEY I S MA.TTERS The Board of Adjustment reconsideration of the Rodriquez Temporary Use Permit was discussed and the advisability of Mr Hayes appearance at that meeting Motion by Mrs Snow that we withdraw our previous motion and send our request to the Board of Adjustment to rehear this case; seconded by Mr Burt; discussion followed Call for the question by Mr Merkl; seconded by Mrs Ore; carried 8-0 Original motion failed 5-3 with Councilmembers Aiello, ~lerkl, Ore, Hobbs, and Lewis voting No Failed motion by ~1rs Snow that we suspend the Rules and continue the meeting past 11 00 to 11 20 for Councilmembers comments (after which Executive Session would be held); seconded by Mr Lewisl failed 5-3 with Councilmembers Davis, Aiello, Merkl, Ore and Hobbs voting No The Chair accepted Mr Aiello's motion to suspend the Rules and continue the meeting thru Executive Session which would begin immediately and adjourn immediately upon completion of the Executive Session; seconded hy ~lr Merkl; failed 4-4, because Mr Hoffmaster, Urban Drainage and Flood Control, had been present through the entire meeting the Mayor accepted ~'r Merkl's motion that we immediately go into an Executive Session; 5 affirmative votes appeared on the voting board Executive Session was held per Charter provision Section 5 7(3) ADJOUENMEN'l' Meeting adjourned at 12 20 A M /~y/" / ( ,-'- ( "'----V" ~/(.. Faye ' een, / / ( ,/ ~A(; [fC(~ Deputy City Clerk FG/amw