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HomeMy WebLinkAbout06/06/1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JUNE 6, 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 Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Wanda Sang City Administrator, Torn Palmer; City Attorney, John Hayes; Police Chief Jaquay staff; and interested citizens ~lotion by ~lr Aiello 1983; seconded by Mr voting no to approve the Minutes of May 23, and May 31, Davis; carried 6-2 with Mr Hobbs and Mr Lewis Mr Lewis made point of order He asked ~lr Hayes for opinion if this should be a Special Meeting according to Charter Mr Hayes disagreed, stating since it was on a designated date provided by charter it was a regular meeting ~lotion by ~lr Aiello to adjust Agenda Item 1 to be comments on Merit Program and recommendations Item 2 to be Consent Agenda seconded by Mr Meryl Mr Lewis stated he will vote against the motion, stating he does not believe the crowd here tonight is interested in those two items He recommended to leave the Agenda as is Mr Davis stated he has a relative on the judges list but will vote on it anyway Motion carried 6-2 with Mr Lewis and Mr Hobbs voting No PUBLIC Cml~1ENT Harvey Padgett, 3952 Nelson, spoke regarding Lena Gulch Council is dragging their feet He feels Bernadine Gebow, 10825 W 29th Ave , wanted Mayor to reiterate that Lena Gulch is going through Mayor Stites stated that everyone on Council is in agreement that it is going through He asked Council if anyone not in agreement would show hands Mr Lewis wondered why a vote was not taken instead of show of hands Mayor Stites replied he was just showing Councils' support Bruce Brandt, 3610 Johnson Street, commented on the quality of government in Wheat Ridge Elizabeth Myers, 9120 W 35th Ave , felt the items on the agenda were being railroaded through Brent ~lyers, 3007 Jay, representing Area 4 Planning Commission, read letter from them for the record opposing the 19 amendments to the Charter CITY COUNCIL MINUTES June 6, 1983 Page -2- Patricia Cummings, 5185 vi 38th Avenue, spoke regarding the denied election and felt the lq amendments should not be put through so quickly James ~losley, ll325 W 40th Ave , made general comments about the 19 amendments and felt this is not the way they should be handled D J Hellenburg, 3391 Vivian Drive, addressed Council's responsibility toward their constituents Felt disillusioned Jay Robinson, 3231 Vivian Drive, wondered about the necessity of the amendmdents at this time Lorretta Campbell, 293g Chase, expressed her frustration and shock at the idea of 5 Councilpeople dumping this on the people Dr Patricia Killian, 3784 Union Ct , stated there is a crisis of public trust She requested the /layor to use his authority to veto ordinances Jane LaPean, 4420 Teller, Ridge expressed concern for the citizens of M1eat Claudia Worth, 4650 Oak, commented on Lena Gulch; was concerned about money allocated going to some other project; felt Council had not read Charter read the Prefatory synopsis Mr Aiello stated he asked Council for comments on the Merit Program He asJ<ed Council to give guidance to the Personnel Commission Robert Reischman, Chairman of the Personnel Commission, spoke regarding the ~lerit Program Council is to have comments to the Personnel before June 15, 1983 Personnel Commission ~leeting Item 21 CONSENT AGENDA A rlotion to approve judges list, payment for judges, and polling places for July 12, 1983 Special Election B Resolution 846 - Authorizing the City of Wheat Ridge to enter into an Intergovernmental Agreement with the County of Jefferson in order to provide for the performance of certain duties by the County Clerk C Resolution 847 - providing for a Budget Transfer to fund a Personnel Study by an outside consultant Mr Lewis requested Item C be pulled and voted on separately Motion by Mr Davis to accept Items A and B as printed; seconded by Mrs Snow; vote carried 8-0 rlotion by ~lr Merkl for adoption of Resolution 847; seconded by Mrs Ore Mr Lewis stated that he will be voting No because he feels the amount is excessive vote carried 5-3 with Councilmembers Aiello, Hobbs and Lewis voting No CITY COUNCIL MINUTES: JUNE 6, 1983 Page -3- Mrs Ore asked Mr Hayes if he had a chance to look over the Charter Amendments and also if he felt the way she had presented them is accord- ing to Charter Mr Hayes stated that he had an opportunity to review the amendments from Friday, ~lay 27th, thru and including today lIe stated that he submitted written comments on Council Bills 67, 68, 74, 80, 82, 84 and 85 under memorandum dated June 2, 1983 and further sub- mitted revisions or comments on Council Bills 69, 72, 75, 78, 79, and 83 under me~o dated June 6, 1983 In his review no attention was paid on who suhmitted them and he has no idea if the rules of the Charter were followed He stated that Council Bill 73 appeared, in his opinion, not to be addressed to the correct section of the Charter and feels that Council Bill 73 in its present form could not be easily ammended to pass constitutional muster He recommended that Council Bill 73 not be con- sidered The tlayor stated that in review of the Amendments to the Char- ter he will definitely veto Council Bills 69, 70, 73 and 76 Item 1 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 second reading by Mr Aiello; title read by the Clerk Mr Lewis stated the Charter should be followed to the letter, and Council Bill 67 should be read in full In his opinion at the first reading Council Bill 67 should have been read in its entirety ~lr Hayes stated that copies of the Council Bills were available to the citizens at the first reading and stated ~ 2(b) of the Charter refers to first reading only Mr Aiello read the first paragraph The following list of people to speak were sworn in by the Mayor The Mayor stated that they will have a three minute time limit Mr Lewis' point of order as to Section 5 6 of the Charter, asked the tlayor if he has the authority to limit the speaking time The tlayor stated that he does, and tlr Aiello confirmed Mr Hayes confered also regarding Section 5 5, Order of Procedure In Opposition Harvey Padgett, 3952 Nelson James H ~losely, 11325 West 40th; Joy E Robinson, 3231 Vivian; Maybelle Rossillion, 6505 West 31st Avenue, read statement; Elizabeth Jane Myers, 9120 West 35th Avenue; Moe M Keller, 4325 Iris Jack Kraning, 10200 West 35th Avenue, spoke in behalf of 9 people; Lillian Fleming, 6363 West 29th Avenue; Martha Combs, 3850 Independence; T tl Slattery, 6869 West 32nd, stated he is also speaking in behalf of Steve Newman; Dougal Graham, 3330 Chase; Bruce Brandt, 6810 Johnson; Claudia Worth, 46~0 Oak; A N Fiasco, 4440 Reed Street; Janice Thompson, 12290 West 42nd Avenue; Karen Nelson, 10655 West 47th Avenue; Brian Vogel, 4100 Dover; tlartha Shacklett, 3592 Simms Street; Donald Coates, 9835 West 35th Avenue Mr Aiello answered citizens' questions CITY COUNCIL MINUTES June 6, 1983 Page -4 - Motion by r1r Aiello to adopt Council Bill f7 (Ordinance 532) on second reading with the following changes as per Mr Hayes' suggestion that to avoid confusion and internal ambiguity, it may be better to have Section 1 of the Ordinance propose the amendment in its entirety, the first sentence of section 2 2 to read, "A General tlunicipal Election shall be held on the first Tuesday after the first Monday in May of 1985, and every two years thereafter " Seconded by Mr Burt Discussion followed t1rs Snow read a letter from the head of Colorado Common Cause into the record endorsing an editorial by the Wheat Ridge Sentinel Failed Motion by Mr Lewis to continue this item for 30 days because Council Rules of Order were not followed Backup material was not available (Sections 5 3 and 8 3 of the Council Rules);seconded by Mr Hobbs; Failed 3-5 with Councilmembers Davis, Burt, Aiello, t1erkl, and Ore voting No Vote on the original motion carried 5-3 with tlr Lewis, Mr Hobbs, and Mrs Snow voting No Mr Lewis stated he is voting No, because his amendment failed Item 2 Council Bill 68 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending sections 3 1, 3 7, 3 9, and 4 3, relating to Elected Officials' Terms of Office Council Bill 68 was introduced by Mr Burt title read by the Clerk Mr Burt read the entire title The same citizens who spoke on Council Bill 67 spoke on Council Bill 68 with the addition of Phyllis Lancaster, 4076 Everett, and Louise F Turner, l1256 W 38th Ave, who were sworn in by the Mayor t1r Padgett asked Mayor Stites why citizens can't ask questions The Mayor replied they are there tonight to give input to the Council Discussion followed Mr Padgett asked Mr Hayes to respond to this question Mr Hayes stated that is a rule of the chair and has to stand Motion by t1r Lewis to override the chair and let the people ask necessary questions; seconded by Mr Hobbs; carried 5-3 with Mr Davis, tlr Burt, and Mr Aiello voting No Motion by tlr Burt to adopt Council Bill 68 (Ordinance 533) on second reading with the inclusion of the recommendation by tlr Hayes that in Section 1, to clarify any potential conflict within the respective sections, have added to it the language "notwithstanding any other provision hereof, commencing after "; Section 2 have added to it, at the beginning the phrase, "Notwithstanding the provisions of section 4 3(b) hereof " Section 3, the ballot title, be amended to reflect the section numbers being amended, specifically, "Shall Sections 3 1, 3 7, 3 9, and 4 3(c) of the Horne Rule Charter seconded by Mrs Ore; Failed Motion by Mr Lewis to continue the Item for 30 days as in his opinion Council Rules of Order are as follows Section 5 3 of Council Rules states as follows "All backup materials are to be included in packet 8 3 states all written correspondence must be signed seconded by Mr Hobbs failed 3-5 with Councilmembers Davis, Burt, Aiello, Merkl, and Ore voting No Discussion followed Mr Lewis amended the motion CITY COUNCIL MINUTES June 6, 1983 Page -5- with the provision that this charter amended Ordinance be submitted to a vote of registered electors at the July 12, 1983 Special Election, and if adopted, take effect immediately, but if and only if Ordinance 532 is adopted changing the General Election from November to 1'1ay; seconded by Mrs Snow Failed 4-4 with Councilmembers Ore, Merkl, Aiello, and Burt voting No Motion by Mrs Snow to Tahle Council Bill 68; seconded by Mr Lewis; carried 5-3 with Councilmembers Burt, Aiello, Ore, voting No Item 3 Council Bill 69 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending Section 3 2, by the addition of a paragraph, specifying when the Mayor shall break tie votes in Council I'lotion by 1'1r Aiello to withdraw Council Bill 69 seconded by 1'1rs Snow carried 8-0 Item 4 Council Bill 70 - An Ordinance initiating an amendment to the Home Rule Charter of the City of vmeat Ridge, amending the second paragraph of Section 3 4 Motion by Mr Davis to withdraw Council Bill 70; seconded by 1'1rs Ore; carried 8-0 Item 5 Council Bill 71 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending Sections 3 13 and 4 9 Motion by Mrs Ore to withdraw Council Bill 71; seconded by Mr Hobbs; carried 8-0 Item 6 Council Bill 72 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending Sections 3 14 and 4 10, relating to conflicts of interest by Elected Officials Council Bill 72 was introduced on second reading by Mr Davis title read by the Clerk Motion by Mr Davis that Section 1 be amended in the last sentence by replacing it with the following "Undisclosed conflict of interest is established the Council may take any such action they deem to be in the best interest of the City and the offending elected offciial who may be found guilty of such misconduct in office Section 2, Section 4-10 shall be amended by deleting the last sentence and replacing it with basically the same Mr Hayes suggested these changes Section 1 to read "When such an undeclared conflict of interest is established, the Council may take any such actions as it deems to be in the best interest of the City Failure to declare such an interest determined to be a conflict of interest shall constitute misconduct in office " CITY COUUCIL ~\INUTES June 6,1983 Page -6- Section 2 "When such an undeclared conflict of interest is established, the remaining Council Members may take any such actions as they deem to be in the best interest of the City Failure to declare such an interest determined to be a conflict of interest shall constitute misconduct in office " Section 3 "Shall Sections 3 14 and 4 10 of the Home Rule Charter of the City of Wheat Ridge be amended by providing that the failure of an elected official or city council member to declare a conflict of interest shall constitute misconduct in office?" All citizens who spoke under Council Bill 67 spoke again on Council Bill 72 with the additon of Patricia Cummings, 5785 W 38th Ave , Jamie Hoffman, 11302 W 38th Ave , Barbara Brockman, 11715 W 33rd Ave , Janelle Shaver, 4355 Newland ~10tion by ~1r Aiello to suspend the Rules and go past 11 00 p m seconded by Mr Hobbs carried 5-3 with Councilmembers Lewis, Snow, and Burt voting No Motion by ~1r Davis that Ordinance 533 as amended by Mr Hayes be adopted on second reading; seconded by Mr Aiello; Failed Motion by Mr Hobbs for the continuation of this item for 30 days; seconded by Mr Lewis Failed 4-4 with Councilmembers Davis, ~1erkl, Ore, and Aiello voting No Discussion followed ~1rs Snow stated she is voting No because there is a considerable lack of due process Mr Lewis stated he is voting no on this as it stands Original Vote on Ordinance Failed 4-4 with Councilmembers Lewis, Snow, Burt, and Hobbs voting No Item 7 Council Bill 73 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by adding Section 3 16, enti tied "~lisconduct in Office by Elected Officials " Motion by Mr Merkl to withdraw Council Bill 73; seconded by Mrs Ore; carried 8-0 Item 8 Council Bill 74 - An Ordinance initiating an amendment to the Horne Rule Charter of the City of Wheat Ridge, amending Section 4 5 (b) Council Bill 74 was introduced by Mr Merkl title read by the Clerk Mr Merkl read the changes suggested by Mr Hayes that Section 4 5(b) be amended by repealing and reenacting the second sentence as follows "He shall serve the unexpired term until the following General Municipal Election and his successor is duly qualified" Section 2 should, therefore, be amended to provide that the ballot title would read as follows "Shall Section 4 5(b) of the Wheat Ridge Home Rule Charter be amended so as to provide that the length of service of councilmember appointment to fill a vacancy shall be until the next general municipal election" The same citizens who spoke on the other Council Bills spoke on Council Bill 74 ~lotion by Merkl for the adoption of Ordinance 534; seconded by Mr Davis Failed Motion by Mr Lewis to continue this item for 30 days, have it republished in corrected form and bring back to Council; seconded by Mr Hobbs; Failed 3-5 with Councilmembers Davis, Burt, Aiello, Merkl, and Ore voting No Vote on Original Motion carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No CITY COUNCIL MINUTES June 6, 1983 Page -7- Item 9 Council Bill 75 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, by amending section 5 7(b)(2) Motion by Mr Davis to table Council Bill 75; seconded by Mrs Ore; carried 8-0 Item 10 Council Bill 76 - An Ordinance initiating an amendment of the Home Rule Charter of the City of Wheat Ridge, by amending section 5 7(b)(2) Motion by Mrs Ore to withdraw Ordinance 76; seconded by Mrs Snow carried 8-0 Item 11 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 Bill 77 (Ordinance 534) was introduced on second reading by Mr Merkl; title read by the Clerk The same citizens that spoke on the other Councilbills spoke on Council Bill 77 Failed Motion by Mr Lewis to continue item for 30 days because the Council Rules of Order were not completely followed; seconded by Mr Hobbs; Failed 4-4 with Councilmembers Davis, Aiello, Merkl, and Ore, voting No Failed t'lotion by Mr Merkl to adopt Ordinance 534 on second reading; seconded by Mr Aiello; Failed 4-4 with Councilmembers Lewis, Snow, Burt, and Hobbs voting No Motion by Mr Aiello to adjourn; seconded by Mr Burt; carried 6-2 with Mr Davis and Mr Merkl voting No Meeting adjourned at 12 50 a m _9Jlllid~j\ fYper Wanda sang~ erk WS; ch j ;