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HomeMy WebLinkAbout07/12/1982 July 12, 1932 QTi COUNCIL ['iINUrE..3 CITY OF ~HEAr RIDGE, CJLORADO 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, hen Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City ClerK, Carol Harnpf, City Treasurer, James Malone, City Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads Richard Bredt, Chief Jaquay, Charles Stromberg, and Rodger Young, staff, and interested citizens Motion by Mr Aiello for the approval 01 the Minutes of June seconded by j'ir Davis, carried 6 in favor, 2 abstaining, Mr Mrs Ore, because they had not been present at that meeting 213, 1 ':!d2, 1'1er kl and CITIZENS' HIGHT TO SPEAK Mrs Ore commended the Police Department for the way they handled the serious traffic accident last weekend franK Wooten, 3100 Ames Street, stated that he had called the Police Department several times regarding noise in the neighborhood and subsequently received a ticket for making a false statement and wants to know what City Council is going to do about it Albert Perry, 3645 Hiller Street, spoke regarding daliJage to rlls hOiile which he feels was caused by the traffic during the detour of1 of 38th during the Lena Gulch project He had contacted the City's insurance company and was turned down Mr Hayes suggested that the appropriate person to contact would be the contractor's insurance company PUBLIC llEARINGS AND ORDINANCES ON SECOND READING I te1l1 1 Resolution 7':!7 - Ratifying the terms of awarding the Cable Television Permit to American cablevision of Wheat Ridge, and ~esolution 1':!8 - Establishing a Cable Television Property Damage Escrow Fund Motion by Mr Merkl for the adoption of Resolutions 797 and 798, seconded by Mr HObbS, carried 8-0 It erd 2 Council Bill 27 - Repealing and reenacting Chapter 10, Improvement Districts Motion by Mr Aiello for the adoption of Council Bill 27 (Ordinance 497), seconded by i'1rs Ore, carried 8-0 Item 3 Council Bill 23 - Providing Permit with conditions in a Marshall Street (Case No for approval of a Special Use Commercial-One (C-1) Zone, 4949 SUP-82-5, Lloyd Kiper) Staff report was presented by Mr Stromberg The applicant was not present at this time Present for the opposition and sworn in were Robert Hartung, 5925 W 39th Place, Bob Carson, 14022 W 22nd Ave, and John Peterson, 3990 Independence Ct They spoke re~arding problems they could foresee, especially if "junk cars" were stored on the property Applicant Lloyd Kiper, ':;,6'70 Lamar Street, was nOh' present and stated that they would screen the areas where outside stored cars would be placed, and they would be cars to be repaired Motion by Mrs Ore that Council Bill 23 (Ordinance 4913), a request by Lloyd Kiper for approval of a Special Use Permit to allow the operation of a garage for the repair and servicing of motor vehicles entirely within an enclosed building at 4949 Marshall Street, be approved for the following reasons a) staff recommends approval, b) Planning l,ommission recommends approval, and c) the request is compatible with the surrounding land uses, with the following conditions that Section 2 Number 3 of the present urdinance be adhered to and that is "A b foot screening fence shall be constructed to conceal all outside storage including vehicles in the state of repair" and that the proposed site plan submitted to Council with this request be followed as closely as possible, seconded by Mr Aiello, carried 7-1 with Mr Davis voting No CITY COUNCIL MI~UTE3 July 12, llj82 Page -2- Failed Motion oy Nr Lewis to delete the part about fencing from the motion, seconded by Mr Hobbs, failed 2-6 with Councilmembers Davis, Burt, Nerkl, Ore, Aiello, and Snow voting No Failed Motion by Mr Burt that the waiver of the parkinG lot paving requirements be deleted, seconded by ~Ir Aiello, failed 2-6 vlitrl Councilmember Davis, Hobbs, Merkl, Ore, Lewis, and Snow vot1ng No Motion by Mrs Ore to take the agenda out of sequence due to length of Item 4, as 5 will go more quickly, to do Item 5 and then Item 4, seconded by Mr Aiello, carried 8-0 OLD BUSINE.3.:J I tern 5 Application for apprvval of an Official Site Plan related to a Building Permit as required by the Wheat Ridge Comprehensive Plan -dadsworth Town Center Master Plan, and by the adopted Wheat Ridge Urban Renewal Plan for the Wadsworth Town Center- Limited Project - 3950 ~adsworth Blvd (Case No WSP-82-1, Donna Dunaway) Mr Stromberg gave the staff report Applicant Donna Dunaway, 3706 Dartmouth, Dallas, Texas, was present There was no one in opposition ~otion by Mr Aiello that Case No WSP-82-1 be approved with the following condition3 1 Only those parking spaces needed for the proposed new structure shall be required, 2 the ingress/egress easement along the east boundary shall be paved with at least 24 feet of pavement width, 3 there shall be at least a 20 ft wide access drive along the north side of the proposed structure, 4 all landscape requirements of the zoning ordinance shall be met, which includes at least grass on the unpaved portion shown on the plan, seconded by Mr Burt, carried 4 in favor,.5 in opposition, !VIr r~erkl, 1'1rs Ore, and Hrs Snow, and 1 abstaining, t1r Davis for the reasons previously given Hr [1erkl stated he was voting No because you cannot put an office in a shopping center Mrs Snow stating No because she felt it was an exercise in futility - the years spent working for a shopping center if office buildings are included Failed Motion by Mrs Snow that the building contain only retail and service retail uses, seconded by Mr Merkl, failed 3 in favor, 4 opposed, Mr Burt, Mr Hobbs, Mr Lewis, and Mr Aiello, and Mr Davis abstaining Item 4 Council Bill 24 - Providing for approval of a Special Use Permi t in a Commerc ial-One (C-1) zone, 12351 W 44th Ave (Case No SUP-81-9, Petroleum Wholesale) (An Appeal from Planning Commission Denial) Ordinance was introduced on second reading, title read by the Clerk Mr Stromberg gave the staff report Those present for the applicant were Gerald Boatright, attorney, 4315 Wadsworth Blvd, Joel Gunnels, 730 G Street, Golden, Phil Scott, of Lee, Scott, Cleary, Inc , traffic engineers, 615 Downing Street, Denver, Rich Osborn, representing Petroleum Wholesale, Inc ,7314 17Ul Street, Humble, Texas Phil Scott spoke and showed graphics of the plans they have to improve the traffic pattern Hich Osborn, Vice President of Petroleum Wholesale, said that the company would make those street improvements and pay for them Those present in opposition and sworn in were Janice Thompson, 12290 ~ 42nd Ave, Mabel Ryan, 4365 Vivian, Bertha Roberts, 43~5 Vivian, Bob Barr, operator of the Union Truck Stop, 44th & Ward Road, Dennis DickOf Evergreen, Colorado, whose concerns were the amount of parking remaining at Port 44, there are already 2 convenience stores in the area, that 3 auto service stations in the area have recently been closed, and the area needs to be redeveloped, and when consideration is made for the area, the whole area needs to be considered Motion by Mrs Ore that Council Bill 24 be denied for the following reasons Planning Commission and staff recommended denial, the State Highway Department and Arvada Fire Department are concerned that this use will create additional traffic congestion and concerned whether the turning movements of large trucks from this site can safey occur We concur with these concerns CITf CuUNCIL MINGTES July 12, 1982 Page -3- The applicant has not addressed the potential future impacts of other development in the general vicinity including that from the balance of his own property, the proposed use would add considerably to the air pollution and noise in the area, the proposed use would further interfere with residents' access to their hOttles south of the subject parcel, the proposed street modifications woulo further restr ict traffic flow rather than improve it, and other viable uses exist for this property which would not necessarily cause the traffic impacts of this proposal, seconded by Mrs Jnow, carried 7-1 witn Mr Lewis voting No OLJJ BUSlfH.J::O Item 6 Hequest by DRCOG for wheat RiJge shared participation in transportation projects (Wadsworth Corridor and 1-70/1-76 Interchange) Motion by Mr Lewis that we approve DHCOG's request as per the written memo by Tom Barnhart, second eo by Mr Davis, carried 7-1, Mrs Snow voting No Motion by Mr Merkl that we continue this meeting for 1 hour to finish the agenda, seconded by Mr Aiello, failed 4-4 with Councilmernbers Hobbs, Lewis, Davis, and Burt voting No Chair declared that we continue on with the meeting Item 7 Proposal for Intergovernmental Agreement between Arvada and Wheat Ridge for shared common boundary street maintenance Motion by Mr Merkl to move for the adoption of Item 7 as asked by the staff, seconded by Mrs Ore, carried 8-0 Item (j Proposal from Jefferson County COltlmissioners for Wheat Ridge annexation and receipt of deed for 1/2 of Independence, 51st Street to 50th Street Motion by Mrs Ore that we accept the deed and annexation proposals and start the procedure including amending the boundaries of the City to reflect the additional deed and have it corrected by District Court, seconded by Mr Burt, carried 8-0 NEv~ BUSINESS Item 9 Application by Pascal Construction Co the rear of 6161 W 48th Ave (Case No for a Dumping Permit at DP-82-2) Motion by Mrs Ore that Case No DP-82-2, a request to dump 40,000 cubic yards of fill be approved for the following reasons and conditions a) staff recommends approval, b) there have been no negative referrals, c) there are no adverse impacts to adjacent properties, d) proper bank stabilization be instituted by tne contractor meeting Public Works approval, seconded by Mr Aiello, failed 4-4 with Councilmembers Davis, Hobbs, Merkl, and Lewis voting No, since the dirt had been dumped prior to the permit application Motion by Mr Davis to reconsider, seconded by Mrs Snow, carried 5-3, with Councilmembers Hobbs, Merkl, and Lewis voting No Heconsideration of the previous motion carried 5-3, i'lr Lewis, Mr Hobbs, and Mr Merkl voting No I tern 10 Request to contract with the Gibbens Company, Inc , to manage Unemployment Compensation claims Motion by Mr Merkl that the City of Wheat Ridge contract with the Gibbens Company, Inc to manage Unemployment Compensation, to be charged to Account 610-623 and that the Mayor be authorized to sign the contract, seconded by Mrs Ore, carried 3-0 CITY COUNCIL MINUTES July 12, 1982 Page -4- Item 11 CONSENT AGENDA A Council Bill 28 on first reading - providing for approval of rezoning from Residential-Two (B-2) to Restricted Cornmercial-One (RC-1), 32(j0 Wadsworth Blvd (Case No vJZ-82-7, IIar tman/Wil son/Down ing/vJal ter s) B Council Bill 2~ on first reading - providing for approval of rezoning from Restricted Commercial (RC) to Commercial-Two (C-2) with conditions, 4477 Harlan St (Case No WZ-(j2-8, Gerald Heller) c Request by Sons of Italy for a Special Events Liquor Permit for July 31, and August 1,1982 D Application for a new Class G - Hotel & Restaurant Liquor License for Marc s, to be located at 6920 W 38th Ave E Motion to approve Judges List, payment for Judges, and polling places for August 17, 1982 Special Municipal Election F Resolution No 799 - Providing for budget Transfers within the Annual Budget to fund Police polygraph training, additional ~orkmen s Compensation charges and gasoline tank repair Motion by Mr Merkl to approve the Consent Agenda as printed and that the Clerk read the title of the Council Bills and set the Public Hearing dates for August 9, 1982 to take effect 15 days after final publication, seconded by f'lr Hobbs, carried 3-0 Clerk read the titles as listed in the Agenda CITi ATTORNEY SMATTERS 1 llearing on a temporary restraining order regarding the Adult Book ~tore had been scheduled for Wednesday, but because of understanding reached between Mr Hayes and their attorney, it will not be asked for The case will be heard in District Court in December 2 The Trainor case that was filed against the City is a challenge to the affirmation of Ordinance 98 3 Mr Hayes requested if Council wishes to go to District Court regarding the Colorado Roses property at 3705 Jay, the verbal bids to have the property cleaned up were $87,000 and $91,000 and the Randy Stone property, a building was built in violation, City had won the case in Court but the building still stands Both owners say if we want it removed we can do it and bill them through District Court Council requested that this be brought in on July 26 COUNCILMEMBERS MATTERS Motion by Mrs Ore that Carol Hampf obtain outside attorney for the purpose of the Charter Amendment initiative proceedings and further move that money be transferred from the unallocated funds to cover the cost, seconded by Mr Aiello, carried 5-3 with Councilmembers Hobbs, Lewis, and Snow voting No I~eeting adjourned at 11 50 p m _1// ) I /" , ) ",L /.:'/ ~ Carol F Hampf, Cit'i/Cl'erk- Cf H, chj, ~- v( L <:{'/( PARTIAL TKAl~SUlIn Or' Ul ~ UUIL [I" l"iL.I' lli. I ,)1"' IIJU 12, 1'102 Mrs Ure "At this tirne, ~1r 1.1ayor, I would lil)V'~ t'1,lt Carol Hampf obtain an outsiJe dttor 1~:! ~')r l- l'~ )'Jr ;J') I. It Grle dHI'ter' 'ilner1(j!nent initiative proceedings I furtt1er :nove that "Ioney be tl'atL:3!lorreJ trolLl the IJrJallacated funJ to cuver the CJ:it " i1r ~iello "I 11 second that" Mayor Stites "Discu.~si()rl 'lr Hobbs " Mr Hobbs "(Vlrs Ore, 11as tile Citj Attorney askeJ that an 'lutsiJe attorney be used for this?" f'lrs Ore "No, fvIr Hayes diu not I,now anyttlirJe!, al)(Jut it and we have not con t act e j hi fn " Mr Hobbs "u K Is it s')metflin~ that is t-lken and r'lr Hayes is on a retainer and is under a cJntract to do work for the City, represents the Mayor, City Council, staff and everybody in this Lity? Is Hr Hdyes then when we are going outside retaining dn attorney or anything else we are going to consider I definitely am going to vote against this, I feel that we have a City Att)rney who is very effective, very efficient, and I don't f e1 that it should be gone arJunJ and I think he definitely should be c)n'3ulted and if they want to retain an outside attorney and with his recofllillendation, I would have no problem, Jut I j,~ri Ii ,_ I, '-'I ~ 1I1l", L) lilltl~ Cj:j1i'1:5G tilis because I feel that our City's attorney should be used for ttlis purpuse " May 0 r S tit e s " ::3 tar tin g do w nth ere, 11 r s "n 0 w " t1 r s S now 'f "I think rndybe we shuuld I'm wrong, I hate tu put opinion that t11'= ChHt:( get this out in the open ~et down tJ the nitty gritty you on the sput, HI' j i:!es .l2;tion sh,)uld tlk,= place? " of this Unless rJut is it your Well, we have to ~!:!.ayes "Yes" Hrs Snow y " 0 KIt h i rj kit. "I I J I I c) ,I i_I i- I '~j c 13 t '31) p d r en t 1 Y what has happened is, thdt saine peuple un this Council and the City Clerk do not like lhe fact t1-lt ttk Cit; /\.ltJrney feels that the petitions are properly filed and should go to an election, want to spend the Citj money to see if there is some possible way they can keep this from coming to a vote and I think if you think of the end result you probably figure out huw to)lish this is, if you make people angry enough, I irna(\ine even UlJuJ;;J l~'S annoying they "ill go out and get another thJUS Jlld siJ;natures Now I rJon t see--I think it's really di;j6ra(~er'll ;,tl~ )'0))1'=~) i) i ll.5nUCtl eff)rt to keep p,=opl: fro,n votinJ; on a very valid issue, you may agree with it, or not agree with it, but to JO t'J Grli s eff Jr t to keep people fro,n voting I d,n really surpri'3~J ::it ~)..> II ;. II) ':)J""l.;il 'VJI\_) v.)t f) t 11 ., 1"1 a y 0 r S tit e s " 1"1 r I\. i ,~ l l )" Mr Aiello "Ah-;Mr-Hayes, the basic prOblem as I see it, y:)U correct me if I'm wrong, because of your involve'nent with the Charter Amendments and the advice on such, wouleJ it be, ah, would it i)e fJroper for you lo, ah, ah, would it be proper for you to d,=fen,j the City "lerk s stand on her discrepancies in the lan6ul",(~ of tile C 13rl~r- JLnenJ,nerlt p(~titiJns " Pd:.!:...: John Hayes " Fir s t 0 I al l, I j 0 tl t k n u w vi h d t t 11 e c flcJ II en cS ,,' i" " Pill; Aiello ""',~ II V) 1 1) ,I C; I 1 I ! ~ 1....) ~" J~r:.~-Iaye i "I know thdt ~lr.3 Ii Jlnpf " Pat AieLLo "Mrs Halllpf has disclc':reed with the writing 01 tile petit1,)ns How could you defend that p,n1tiJ'1'?- Lf j)J '13,j-if you were involved somehow" John Hayes "Maybe I am le3rnl.ll.;!; 30'letl]L'I~ J'1 , ,1 she said she was going to take no other ~ction until memorandUln from me, whiCh she hasn t yet re~eived " ,11 :lllpf tod ay she received a Pat Aiello "0 K I but tell me I can you-coulJ you def,"nJ uer ,))sl tlon wi tit your inv)lvelllent in writinG of tel'" p~tltiJn3')" ,h,h rJ ~.'l.t;, "Depends how fir il; ~Jes I i l' III t-,II II, ~;l; ;),-;titions " Pat Aiello "No, but in your invJlvelllent, in tile, in the--you .1;1 IrJliej th2-the " ~~~~Hayes "What happened \-Ia.3, th'.:y were preseuteJ--bivel to i'Irs dalflpf and then t J III'~ it )Iobdbly the] SCllue ti ne " P -I i, A 1 .; 11 :) "tou had nu before thej pr llJf were-- Jt ~ l 1,-, II ), 1 ~ :} 3t J:) J' t i I)'..; )1" 3 Q j)U talkin~ about John _~~~~~~ in April" Pat Aiello "In I-Ipril, 0 k " J OrlO r~~:t~~ " In Ap r i i - - .) ,= f J r ~ t 'I j .1; I" e '3 1 ) d i t cOlo'oents 'In it II 1--311 I W,LS lsveJ if [11)<11'j Ilake Pat I-liello "0 K " J Orln [I Ll.Les "And I IflaJe numerJu'5 :::O.I<:I'.;'ltJ il ,flY Jpl'lion, 1,,(11 n)t tr ll-.', t, )] nasty or anytl1inz; Ilk," ',;CHi, "II, the p,~ti tL liS dS th~y were Jlll2'1 tJ 'Ile were full 013')'1<;: ""ry blatant un ->r!,L _utional provisions--which I ,J..;.:;,"steJ tent lie leleted 1hey were 11 P-1J > - J-- P a t'\.i e L.L ) "rtley were" John Haj~; "At that puint tOiSether "I" i J to be voted on HIe n tiler e ,; a; I r \.'1 J = ~ i1 1 tl 3 H a"1 p fan j I a -; I l'lli ;31)11 ,~lliJc;= "nJ IJilllot title llld 1..h," question I have \'JriLtel Cl.LL the referendum questlo'1S" Pat Aiel 1 J "0 K " {~~n Hazc:~ "I did tilde admit YJJ 11 rei ied on the I n Cl d '= n 1 3 J a h. e ell wronG se::tl)n :>1' Th1s is obviousLj a bad night to 'I 1 I 'Ij, 11'listlke I the C) 1 or d i ' ) J t-J t u t. ,= '3 " Pat Aiello "\.) 1\ " J l)hn li ::; " ,J ) vi, i'1 f i Iii t 1 = ~) ~ things th3t. either Mrs -; i':' )) I) 1 JI 1 )i-,1r':'j-'")~)1 Harllpf or I did, were required 1 ) rlt.:; " () f the !'1r Aiello "I don t--exvlail hJW th2Y ll~r'..: ) L-- {<?,hn Hajes "I was fJll)wil:; )'! t i "I ,,1 j, Jection 1-40 -101, '",hich relate] 1,1 i P I pllll'l tl1dL iJut SO,1e r "qlJirelllent on the Secretdry of JLat,= - ':;itj 'Ler,< - the Attorrley General - City Attorney We followed those 'natters rather preciselj I thou~ht Com e to fi n d 0 u t t h ,= rei sa) r ) II i " i ) n ) '= c t i ) r] 3 1 - ) - ) 1 !) [ ') e L i'~ I <~ , which relates specifical Lj to Charter -;, which .i )c!sn t require ballJt titles su,)'nL:-;-;l"l 11U-; iny of th)3-, "li'I';" Pat Aiell) "On the peti tioil ,," i..<2~n Hayec; "Un the petitions, that's ric;hl Ti '3 i'l :2ontli,;t 11y [)os1ti)1] is 1:11,1t ).Ir =urter SU) ('"ed',3 i1 'eh'lt that Mrs Hampf in very govd fdit11 _Ir)le the letler me is based on what I found, JI; J I I infonnati'Jo to 1,'!r, i'3 11) )oi.Ser re_ljj( I" wi th the CrJ;Jr ter r'ec;clrd and the fact t 1-1 L '31 ..J() L = , ) 1 j Pat I\. 1" ~. 1 ) "Then Mr.3 you halle a !{,llnpf, j.l U pr)bleJ i!l -j) f""cl thdt YUll '3tilL have a clJallell;se or that -1 " " P tin is the p" lit i u 11 5 d 0 iJ C h " i'1r -; __!l~'n,) f' "Hr H -:.t ye s , - 11 1 ,f T !.> '1 supercedes the entire, 1 11 ~ t I. J tl)- t u t en L L - ) J jJ 1 1: 1L'lk Uut JIJr 1 ir t = John j~~y(;~ " !\ 1 Y to i n 6 t i 1 d t \11) U 1 i l "" r" 1 , ,/ , I " !-dljt: 'I - ,- Car 0 1 H clIn p f "Including the tilne eler,lent ['r-ofll tile Li"je Ural thej dre turned in to they cume back" John [{aye.3 "Hight" Carol Ilampt "'WI-IY! " John Haye.3 "I think the Charter is sUI t icient on tllat point It doesn t mention the point I think they fllaJe thdl time period anyway" Carol Harnpf " how can they!" John Hayes "I bel i eve the y sub lil i t t e d t r u [II petitions un June 3Utl! " I\pr 11 l:.it dnd then submitted the Carol Harnpf "July first" John Hayes "July first" Carol Hampf "That s 91 days Plarch 2lj, was the The f1rst intorll!dtiun tirst ldte " yUU Gave IIle WdS that it was John llaje.3 "It. was the date of the letter Thdt 03 not the date that we l,ot them The answer to thinb.3 i'lrs Un~ ,Hid Hr Aiello IIJve said, I1rs lire "I Ilaven't asKed a question yet" John Hayes "there is no let Ille dnticilJdce it tllere i.3 no question that I have been involved liluch tou mUcfr in this particular 1113tter That s why you passed the Hesulutiun and Illdybe e,;c elll ledrned sOlflething trom it " Mayor Jtites "Hrs ure" hay Ore "Ply questiun is, it in fdCt y,u ful.lowel 'l",~tij)n 1111 ~Jtld you wet-e supposed to follow Je~tion 31, 1 believe, dnd there are cerL-Jin Mandates to Section 31 If the Charter supercedes that, according to you, and there is no time limit, then how do we follow anything at all under Section 40, Section 31, or anything else It's not the fact that there is an initiative going on, I really don't care about that and I don't carp ahrlllt the fact that we have another Special Electioll, I really don't care about <.l i that, whdt I do care about John, is that r) d _ \. -)- we pay your saldry, ttle City doec:i dij(j ltris LJuuncing uack and forth, we should have done tni3, but we II be (join;', thi..;, t!rdt was wrung, but we should do this, you know, I mean, it s the buuncinB, the bouncing back and forth, and I mea r if we re 6uin to be hune.3t, you and I, and so I just, I really feel it is in the LJest irrLerest of hr'3 lld!rrpl that we should hire an 0ut'3ide atturney " May 0 r S tit e s " 1'1 r S u rr u w " I~rs Snow "It seems to me thiJt in the besl intereJt Jf tire l.itL..ens of tlris City they get to vote I\s I Jay al'cJin, tills i.o ju.,t :10 effort to keep people frullr voting [don t like tire cr illeis;rl uf i'lr Hayes The problem is that there are so loany statutes that are conflicting If by now the City Clerk had written an Urdinance to cuver all this we wouldn t be in this " Carol Hampf "I don t write Urdindnces" Mrs Snow "Well you wrote tile l,ouncil kules 01 Procedure and if you had taken time and written this it wouldn t have happened but that's not the point The point is a thousand people in this City have signed asking for a vote, they are going to get it eventudlly, you know they will You are going to mal{e thelll so load, we 11 have two thousand next tiloe Why spend the money? Why not let them vote? ~et an Ordinance written that is really, really clear, so that all this confusion doesn't happen again It is very unclear There are very few attorneys who knuw anytt1ing auuuL the statutes lhat 60vern this, it's very difficult, it s almost impossiole for a citizen to figure it out when our own City Attorney isn t certain I just think it s unfortunate that you are trying tu deprive peuple of their right to vote II 1'1 a y 0 r S tit e s II 1'1 rHo IJ b s II Mr llobbs "f'lr 11ayor, I d IU<e tu COllrlirelt f'1r lldyes lidS been retained lor the City as a City Attorney He is bein~ used like a baseball being batted back and forth is whdt it boils down tu I think that a few people don t want to accept what he hds ruled I think he had been able to sit in here dll tile inlor,llation that nas been presented in the meetings he has taken and tried tu accept and listen to both factions or both sides and I think it is pretty sad when we take him and put him here tonight, r'lr Hayor, and they take shots at Hr Hayes I think tfle l,i ty hdd retained hiln tu take and be our legal counsel, to guide us by the laws 01 the utate of colurad(), I have to say this, in lilY observation that I think I-Ie hd 3 ueen ver y fair, lnd ver y outstanding, and I think ne has triea to du what is right, Mr Mayor ana I hope that tile l-uuncil tram nu,1 In will re,dize we don't, and the staff, I knuw anJ i'lr lIdyec:; too, dues nut like lo ue conJernned and things like that I think il i'lr rldyes 11as Ilude a rulitlti that the Council in this Council shoulJ dLcept ilis let';al opinion and take and go ahead and back !rim for it- aud I Ilave lo SiY this is that I reel he has rnade--he has--Gave lis opilliJn, he 1S uur l-ity Attorney, and I do back f'lr Hayes on what IJe ::iUy3 as d City Attorney" fvlayor Stites "Hr Aiello" Fell,e -u- f~r Aiello "I somewhat resent the inference frolll both fvir Hobbs and Hrs Snow The fact that I aHl not in agreelllent wi th John s thinking and doing to this point We have pdssed an Urdindn~e since then or Resolution, clarifying what John can and cannot do as regards to petitions John, I can only speak for myself, I can t speak f~r Mrs Ore or anybody else who is in favor of this particular ah, Resolution this evening God knows, maybe even 1 ve made a mistake vnce vi twice, and the Ci ty staff tonight has even admitted it Maybe even the Mayor has even committed a mistake in his life--I dun t think--that is not the problem, but the proolelll is that there has been a mistake lIJade and I think, and I don t see how John ~an redsonal)ly defend the lady, or not defend the lady, defend the po::;iLlon, that the lity llerk has done This is going t~ happen We are guing t~ have problems where they cannot be resolved with l,ity per;onnel l'his is the first time that this has happened that I know of since I ve been on Council and I to me its not a reflection against John, and it Hr Hobbs bel ieves that, that's his problem But in lilY own mind, my wltvle probleJll here is there has been a mistake toade and this is a way of correcting it " Mr Davis "Call for the question anJ lilove for adjourrlil1ent " Mr Hobbs " Bu t Mr f'1ayur " l~ayor Sti tes "Call for the question, is there a second to that?" Mr Aiello "Yes" Mayor Stites "Poll the Council on tile <...all tor the que3tion " Carol Hamp! "Call for the question carries 0-2, Mr Hol)b::; f, Hr Lewis voting No " Mayor .)tites "Poll Council on the question pleLl.:>e " fvJr Lewis "What is the question?" fvlayor Sti tes "The question 1:i tu hire dtl "ut :iidt~ (~(JtJ,;ul tdtlt loc- a pdrticuliJr problem to get a secund opiniJn " Mr Hobbs "Clear it, clear it, wiLL you clear it? l,lear it all again" Carol Hampf "Allright Lewis and EveryboJy revote loti In <...Jrriei "-5 \Jith f'lr Mr3 unow vJting IJo " Ilobbs, Mr