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HomeMy WebLinkAbout10/25/1982 October 25.1982 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE. COLORADO 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 Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Carol Hampf; City Administrator, Tom Palmer; City Attorney, John Hayes, Department Heads Chief Jaquay, Charles Stromberg, and Rodger Young, staff; and interested citizens Amended Motion to approve the Minutes with the amendment that if it is on the tape reasons for vote No be included in the Minutes; Original Motion by Mr Merkl, seconded by Mr Aiello Amending Motion by Mrs Snow; seconded by Mr Lewis; amending motion carried 7-1, with Mr Aiello voting No Motion as amended carried 6-2 with Mr Hobbs and Mr Lewis voting No Failed Motion by Mr Hobbs that the tape become a part of the record, seconded by Mr Lewis; failed 3-5 with Councilmembers Davis, Burt, Merkl, Ore, and Aiello voting No (A review of the tapes of the latter half of the meeting, as requested by Mrs Snow, revealed that under "Elected Officials Matters", 1) on the motion to bring in an Ordinance regarding anonymous fliers, Mr Lewis had voted "no" because he had not had the opportunity to ask questions before the vote was taken, and 2) that Mrs Snow had voted "no" on Council Bill 39, Industrial District, because she objected to the flexibility of height portion ) The Mayor presented the "Employee of the Year Award" to Dale Groshong of the Public Works Department Public Comment Barbara Brockman, 11715 W 33rd Place, stated that she had not received the Agenda the last two weeks City Clerk indicated that Mrs Brockman had not responded to the request to all recipients that if they were interested in continuing receiving the Agenda, that they let the Clerk s office know PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Resolution 814 - Approving the submission of Grant Applications for a Water System Project to the Department of Housing and Urban Development (HUD) and Colorado Department of Local Affairs, under the Small Cities Program of the Community Development Block Grant (CDBG) Mr Stromberg reviewed the Community Development Block Grant Program There was no one present to speak in opposition Motion by Mr Aiello for the approval of Resolution 814, seconded by Mr Merklj carried 8-0 Failed Motion to amend that the application be filed as prepared now, that we also send a letter to HUD asking that we be able to amend the application at a later date in order to expand to take advantage of all the money; seconded by Mr Lewis, failed 2-6 with Councilmembers Davis, Burt, Merkl, Ore, Aiello, and Snow voting No, stating that they felt any delay would dilute the application Item 2. Application for a new Class J-1 - 3 2% Beer Retail License for Kerry M Svaldi, dba Kipling 70 Standard Station, 4901 Kipling Street Kerrv Svaldi, 7269 Secrest Ct , Golden, applicant, was present and sworn in He presented Exhibit A, which were petitions that were signed in the store by customers and Exhibit B, petitions that had been circulated in the neighborhood Mr Hayes stated that the application was in order Joseph Donaldson, 7330 W 35th Ave , who had taken the City survey, explained the process procedure he had used Motion by Mr Aiello for granting a new Class J-1 - 3 2% License for the following reasons 1) All applications and fees required by statute have been filed and paid; 2) Notice of hearing and posting of the premises have CITY COUNCIL MINUTES October 25, 1982 Page -2- been accomplished according to statutory requirements; 3) the applicant is entitled to occupancy of the premises by virtue of a signed lease dated 9/1/82; 4) the applicant has been shown by investigation to be of good moral character; 5) the evidence adduced at public hearing on 10/25/82 establishes that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions of Mr Donaldson and the applicant, seconded by Mrs Snow; failed by a vote of 4-4 with Councilmembers Davis, Burt, Hobbs, and Merkl voting No The reasons given for voting No were that a number of the applicant s petitions were taken in apartment dwellings, that it was not felt that there was a need for another outlet in the area, that the applicant had stated only 20 percent of his revenue is from food and 80 percent from the station, and that it would not be in the best interest of the neighborhood COMMITTEES' AND COMMISSIONS' MATTERS Item 3. Recom~endation of Parks & Recreation Commission regarding the naming of the property now called Richards Mansion Upon request of staff Motion by Mrs Ore to postpone the item to November 22, 1982; seconded by Mr Hobbs; carried 8-0 NEW BDSINESS Item 4. Council Bill 40 - (on first reading) An Ordinance repealing Section 24 of Appendix A and reenacting said Section 24, Excavation and Deposit Control, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 40 was introduced on first reading by Mrs Ore, title read by the Clerk Motion by Mrs Ore that Council Bill 40 be approved on first reading, ordered published, public hearing be set for Monday, November 8, 1982, at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading take effect 1 day after final publication; seconded by Mr Aiello; carried 8-0 Item 5. Resolution 815 - Authorizing Transfer of Handicapped Parking Fine Revenues to Facility Repair and Maintenance Account Motion by Mr Davis for the adoption of Resolution 815; seconded by Mrs Ore; carried 5-3 with Councilmembers Lewis, Aiello, and Snow voting No Mr Aiello stating that he disagreed with the Resolution because of the cost to carry it out Mr Lewis stating that the Ordinance and Resolution are not fair to all handicapped since it only covers the motor handicapped Item 6. Recommendation by Department of Public Works to change rate structure with Public Service to SL-2 Rodger Young explained the advantages of change in rate structure with the Public Service Company ~ee Hill of the Public Service Company also explained it Motion by Mr Aiello to accept the recommendation of Public Works Department to change the rate structure with Public Service Company to SL-2, seconded by Mrs Ore; carried 8-0 Item 7. Consent Agenda A Application by the Sons of Italy, 5955 W a Special Events permit beginning at 6 00 p m and ending at 2 00 a m on November 21, 1982 38th Avenue, for on November 20 B Award of Bid for decorative pond lining for the Hayward Park Pond C Award of Bid for Greenbelt Trail, Parking Lot, and Storage Lot in Wheat Ridge Park D Resolution 316 - correcting Resolution 812 by the addition of omitted positions CITY COUNCIL MINUTES October 25, 1982 Page -3- Motion by Mr Bu~t to approve Items A and D of the Consent Agenda, seconded by Mr Merkl; carried 8-0 Mr. Lewis had requested that Section B be removed and Mrs Snow requested Section C Section B Mr Wardell explained the Pond would be for safety of the well pump motor and that the Pond would be no more than 3' deep Motion by Mr Burt that we award the contract to Western Ventures, Inc for a decorative pond lining in Hayward Park, at a total cost of $13,485 00, to be charged to Account No 31-603-800-862; seconded by Mr Aiello; carried 5-3 with Councilmembers Hobbs, Lewis, and Snow voting No Mr Lewis stating that he was opposed to the pond because there would be water in it 12 months a year and the manner of posting for thin ice Mr Hobbs stating that he felt the water pond would be a hazard r Section C Motion by Mr Burt that we award the contract to Brannan Sand and Gravel Co , for the Greenbelt Trail, Parking Lot, and Storage Lot, in Wheat Ridge Park, at a total cost of $31,609 00, to be charged to Account No 31-603-800-862; seconded by Mr Merkl; carried 8-0 ELECTED OFFICALS MATTERS .Item 8. Legal opinion from City Attorney concerning possible miscondu t in office by Mrs Snow (Larry Merkl) Howard Long, 4251 Parfet Street, Barbara Brockman, 11715 W 33rd Place, Patricia Killian, 3784 Union Court, Claudia Worth, 4650 Oak, and Louise Turner, 11256 W 38th Ave, all spoke in support of Mrs Snow not voting Mr Hayes' legal opinion was read and in it was stated that it is clear to him from all the facts involved in this matter that technical misconduct in office has occured by virtue of Mrs Snow's failure to vote on the question Motion by Mr Merkl that Mrs Snow be censured by the Wheat Ridge City Council for violation of Section 5 9 of the City of Wheat Ridge Home Rule Charter during September 13, 1982, the violation being Mrs Snow's refusal to vote on a question by which she was advised by the City Attorney that she had no conflict of interest and upon which permission to abstain had been denied by the Wheat Ridge City Council by majority vote; seconded by Mr Aiello; carried 4-3 with Councilmembers Burt, Hobbs, and Lewis voting No Mr Lewis voting No because he believes everybody on this Council and every elected officals in the City, past and present, has violated our Charter some way or another, and a lot of times not intentionally And Mr Hobbs voting No because he feels he should uphold the Oath of Office, represent citizens of the City, not only District IV Mrs Snow has tried to give her honest reason why she abstained, she took a stand Each one does not intentionally violate anything, some people take a look at certain things like the 5 minute rule, the thing that applies when certain Councilmembers are talking, when certain Councilmembers go out of their district, and there are certain thing that get brought out and certain things that don t get brought to the attention--the Oath of Office does not say you represent citizens in your district, stay in your district, it says the city; so I feel that everybody here has an obligation to respond to any citizen or any call they have and no matter where it is in this city, and it is very nit-picky to get into this situation and if we are looking at one situation we should be looking at everything that is going on in the whole city Mr. Davis anounced that Rainbow Rock Company, west of Kipling on 44th Avenue, had volunteered their area on Halloween Night for a bonfire Halloween Party for children with apples, candy, and drinks, which are being donated The party will be from 6 00 to 9 00 p m ~Merkl stated that Election Day is coming soon and was interested in endorsing Mr Gulman for the RTD Board Motion by Mr Merkl that Wheat Ridge City Council endorse the chairman of our Mass Transit Committee, Paul Gulman, as our representative on the RTD Board; seconded by Mr Burt; carried 7 in favor and 1 abstention, Mr Lewis, who had received a 7-0 vote from the Council to abstain, since he has given his support to someone else Mrs. Snow requested that Street lights be put in by some other method rather than by petition of the citizens who desire them That there should by analysis by the Public Works Department as to need Motion by i'1rs refund bill Snow that Wheat Ridge City Council endorse the bottle Motion died for lack of a second , .\~ ./- .J- ,.- ~~~~'?(HamPf~ \ it7~{~ Meeting was adjourned at 10 30 p m