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
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