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Home My WebLink About07/18/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JULY 18, 1983 The City Council r1eeting 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,and Nancy Snow Larry Merkl and Kay Ore arrived at 7 35 p m Also present Deputy City Clerk, Christa Jones; Acting City Administrator, Howard Jaquay; City Attorney, John Hayes; Department Head, Charles Stromberg; and interested citizens r1otion by Mr onded by Mr Davis for approval of the Minutes of June 27, 1983; sec- Aiello; carried 4-2 with Mr Hobbs and Mr Lewis voting No CITIZENS' RIGHT TO SPEAK There was no one present to speak PUBLIC COMMENT AND ORDINANCES ON SECOND READING Item 1 Pre-Budget Hearing for Citizens' comments, suggestions, and requests for the 1984 budget Moe Keller, 4325 Iris Street, requested that sufficient highway funds be included in the 1984 budget to re-pave West 44th Avenue from Field Street west to Youngfield Street She submitted a proposal into the record that specifically addressed the following areas (l) Field Street Park, (Wheat Ridge Park) (2) Pennington School, (3) pedestrians who walk on Jellison or Iris Street to the plaza on Garrison, (4) Dairy Queen located at the corner of West 44th Avenue and Iris Street, and (5) the truck stop at 44th Avenue Jacquie Haughton, Chairperson of the Wheat Ridge Festival, requested that $4,000 be included into the City budget for next year to help with the rising costs for the Wheat Ridge Festival Item 2 Council Bill 86 - An Ordinance amending Section 4-1 of the Code of Laws of the City of Wheat Ridge relating to Animals running at large Council Bill 86 was introduced on second reading by Mr Burt; title read by the Clerk Claudia Worth, 4650 Oak Street, wanted to bring to Coun- cil's attention that once a dog owner is given a ticket for a dog run- ning at large, it stays on the record forever, even after the dog has died She felt the City should be a little more forgiving John Hayes replied it was the owner who got the ticket not the dog Motion by Mr Merkl for the adoption of Council Bill 86 (Ordinance 538) on second reading; seconded by Mr Aiello; carried 7-1 with Mrs Snow voting No CITY COUNCIT MINUTES Item 3 JULY l8, 1983 PAGE -2- Council Bill 87 - An Ordinance providing for the approval of rezoning of land from Agricultural-One (A-l) to Commercial-One (C-l) on property located at approximately 10110 South 1-70 Service Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-15) Council Bill 87 was introduced on second reading by Mrs Ore; title read by the Clerk Mr Stromberg gave the staff report and entered exhibits into the record Motion by Mr Aiello that Council Bill 87 (Ordinance 539), a request for a change of zone from A-l to C-l be approved for the following reasons (1) Planning Commission and staff recommend approval; (2) The rezoning is consistent with the Master Plan of the Kipling Activity Center; (3) the rezoning will implement the City Council approved site plan for Prime Rate (4) the new design has answered the problems of the Planning Commission; (5) subject to notification of the State Highway Department regarding the corrected legal description and verification of that corrected legal description; seconded by Mrs Snow; carried 5-3 with Councilmembers Lewis, Hobbs] and Ore voting No Item 4 Council Bill 90 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Residential-Three (R-3) for land located at approximately 10911 West 44th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-2) (Kenneth Sadlier) Council Bill 90 was introduced by Mr Davis on second reading; title read by the Clerk Mr Stromberg gave the staff report and entered exhibits into the record William Vogel, architect, representing the applicant, was sworn in and spoke in favor of the rezoning Claudia Worth, 4650 Oak Street, also spoke in favor of the rezoning, stating it would make a good buffer Motion by Mr Davis for the adoption of Council Bill 90 (Ordinance 540); seconded by Mrs Ore; carried 6-2 with Councilmembers Burt and Aiello voting No Item 5 ORDINANCE ON FIRST READING Council Bill 95 - An Ordinance providing for the Approval of a Special Use Permit in a Commercial-One (C-l) Zone on land located at approximately 10110 South I-70 Service Road, Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-83-6) (Prime Rate) Council Bill 95 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 95 be approved on first reading, ordered published, Public Hearing be set for Monday, August 8, 1983, at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading will take effect 15 days after final publication; seconded by Mr Burt; carried 8-0 CITY COUNC MINUTES JULY 18, 1983 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Motion to approve $2,500 be provided to Wheat Ridge Festival, Inc to help finance the 1983 Friendship Fair Motion by Mrs Ore to approve $2,500 be provided to Wheat Ridge Festival, Inc to help finance the 1983 Friendship Fair and that the $2,500 be transferred from Account No 01-607-795 to Account No 01-606-799 for this purpose; seconded by Mr Aiello Mr Burt stated that he had worked on a sub-committee on this festival, but intended to vote anyway Mrs Snow requested an accounting from the Chamber of Commerce Jacquie Haughton, Chairperson of the Friendship Fair, answered Council's questions; motion carried 8-0 Item 7 Motion to purchase a 1983 Ford E-350 Cayel-Craft Ambulance, from McPeck Motor Coach Co at a total cost of $41,371 Motion by Mr Hobbs that we purchase a 1983 Ford E-350 Cayel-Craft Ambu- lance from McPeck Motor Coach Company at a total cost of $41,371 to be charged to Account No 19-102-808; he further moved that $41,371 be transferred from Account No 19-580-589 to Account No 19-102-808; seconded by Mr Merkl and Mrs Snow; carried 8-0 Chief Willis was present to answer Council's questions and concerns on this matter Item 8 I'-Iotion that Agreement with UDFCD be approved and the Mayor be authorized to sign the Agreement Motion by Mr Merkl that Agreement No 83-07 03 with UDFCD be approved and the Mayor be authorized to sign the Agreement with the City's share to be $614,600 and be charged to Account No 31-302-833, for construction of improvements on Schedule IV and right-of-way acquisition cost in Schedule III and IV; seconded by Mrs Ore; carried 7-1 with Mrs Snow abstaining CITY ATTORNEY'S MATTERS Mr Hayes requested that we go into Executive Session under Section 5 27(b)(1) of the Charter under Legal Consultation for three matters Tl) settlement of claim (2) a lawsuit filed against the City (3) an action which may require initiating a suit by the City Mrs Ore requested to abstain from any discussion of the Russell matter because she had not been present at the original hearing The reason Mrs Ore wished to abstain from discussing the Russell matter was, that during the discussion of the Russell case it became conjecture Mrs Ore had in fact pre-judged the matter, and she wanted to protect the Council's appearance of neutrality and therefore requested to abstain on that basis After polling the Council it was determined that Mrs Ore could not abstain because the vote had to be unanimous and it was 7-1 with Mrs Snow voting No CITY COUNr - MINUTES JULY 18, 1983 PAGE -4- Motion by Mr Burt to hold an Executive Session with the press, Chief Jaquay as Acting City Administrator, and Acting City Clerk present; seconded by Mr Hobbs; carried 8-0 Item 9 Motion to amend City Attorney's Contract effective July l, 1983, to provide that payment be made at an hourly rate of $75 00 per hour for all hours expended by the City Attorney and other attorneys in the same firm and $35 00 per hour for law clerks Motion by Mrs Ore to amend City Attorney's Contract effective July 1, 1983, to provide that payment be made at an hourly rate of $75 00 per hour for all hours expended by the City Attorney and other attorneys in the same firm and $35 00 per hour for law clerks She gave the following reasons and stipulations Very important lawsuits are pending; an important hearing is in process The following stipulations and conditions be added The only people allowed to call Mr Hayes are members of Council for legal advice and opinions only; Tom Palmer and/or Lavonne; the City Clerk and her staff; directors of every department; and any Board or Commisssion member through their director and through Mr Palmer That no one Councilmember may use more than 2 hours per month of Mr Hayes' time on the telephone, and all administration matters be handled and answered by the Administration, and that all parliamentarian questions be answered by the President of the Council She further moved that we review prior to budget time exactly what the difference is, time wise and financially, so that we have an idea of how we progressed; seconded by ]\lr Aiello Call for the question by ]\lr Merkl; seconded by Mr Aiello; carried 7-1; with Mr Lewis voting No Motion carried 5-3 with Councilmembers Lewis, Snow, and Burt voting No ELECTED OFFICIALS' MATTERS Mrs Snow wondered why 26th Avenue was re-striped and what had happened to the turning lane Mayor Stites replied that it was re-striped according to the model traffic code and that everybody seemed satisfied with that She also wondered about the re-paving on 38th Avenue Executive Session was held Mrs Snow left during the Executive Session After the Executive Session the Regular Meeting was resumed Motion by Mr Hobbs that the Mayor be authorized to make final settlement with Siegrist Construction Company on Schedule II of Lena Gulch for the total amount of $92,866 25 with the City of Wheat Ridge paying $46,433 12 and Urban Drainage and Flood Control District paYlng $46,433 13; the total settlement not to exceed $92,866 25; seconded by Mr Aiello; carried 6-1 with Mr Lewis voting No Meeting adjourned at lO 30 P M C~~\\~ ' Christa Jones, CJ/amw