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HomeMy WebLinkAbout11/25/1985 November 25, 1985 -- 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 Kent Davis, Tony Flasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works Director, Rodger Young; Chief of Planning, Glen Gidley; staff; and interested citizens APPROVAL OF MINUTES of November 18, 1985 Motion by Mr Flasco for the approval of the Minutes of November 18, 1985; seconded by Mr West; carried 8-0 PROCLAMATIONS OR CEREMONIES Mayor Stites administered the Oath of Office to Tom Stegbauer, Planning Commissioner CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Motion to approve/not approve the renewal application for a Class T - Tavern Liquor License with extended hours - for Club Corner, Inc , 6551 W 44th Avenue Applicant, Lester Zeller, and his attorney, Richard Landrum, 720 Kipling Street, were present and sworn in by the Mayor Discussion followed Executive Session was held Motion by Mr Merkl to continue this item until December 16, 1985, in order to allow the Liquor Authority time to determine if the complaint, pending in file, is to be heard by the Authority; seconded by Mr FIasco; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 212 - An Ordinance concerning Water Rights to, and the use of, water from the Dawson, Denver, Arapahoe, and Laramie - Fox Hills Aquifers requiring deeded water rights in connection wi.th water service changes Regulating Well Construction Council Bill 212 was introduced on second reading by Mr Merkl; title read by the Clerk Present and sworn in by the Mayor were Ivan Hawn, 4900 Robb Street, who stated this Bill is flawed in several ways; Dawson formation doesn't exist in Denver area; continued use of water sources is not guaranteed; deeding access without rights; Ordinance in present form is not feasible CITY COUNCIL MINUTES November 25, 1985 Page -2- Louise Turner, l1256 W 38th Avenue, who agreed with Mr Hawn, except that this Ordinance could be forgotten entirely Where does this come from? Why is this betng considered when the City is not i.n the water business? Discussion Mr Hayes stated this is a paraphrase from Senate Bill 5 and brought ~n by him and Mr Stromberg Motion by Mr Davis to table Council Bill 212 indefinitely; seconded by Mr Merkl Mr Flasco stated he would vote no, because he would like for this to come back in the near future after some work is done on it Motion carried 7-1 with Mr Flasco voting No ORDINANCES ON FIRST READING (No public testimony) Item 3 Council Bill 220 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding Chapter 19 relating to Satellite Signal Receiving Earth Stations Council Bill 220 was introduced on first reading by Mr FIasco; title read by the Clerk Motion by Mr Flasco that Council Bill 220 be approved on first reading, ordered published, public hearing be set for Monday, December 16, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr West Mr Davis stated he doesn't feel this Ordinance is fair to people who already have these Motion by ~1r Merkl to amend, to set this for the December 2 Study Session Motion maker accepted this as part of the original motion; carried 7-1 with Mr Davis voting No Item 4 Council Bill 22l - An Ordinance providing for the approval of rezoning from Commercial-One, Residential-Two, and Agricultural-One to Planned Commercial Development and for establishment of permitted uses on property located southeast of West 44th Avenue iind Youngfield Street, City of wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-l0) (Kunz Construction Company for Ralph and Evangeline Mangone) Council Bill 22l was introduced by Mr Merkl on first reading; title read by Clerk; Motion by Mr Merkl that Council Bill 22l be approved on first reading, ordered published, public hearing be set for Monday December 16, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect l5 days after final publication; seconded by Mr Davis carried 7-1 with Mrs Worth voting No CITY COUNCIL MINUTE November 25, 1985 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Motion by Mr West that the proposal for professional services submitted by Dave J Love & Associates, for a study of the Lena Gulch Flood Plain as modified by recent channel improvements be approved, and further move that the Mayor be authorized to sign a contract for such services with an amount not to exceed $5,750, to come from Account 01-121-750; seconded by Mr Merkl; carried 8-0 CITY ATTORNEY'S MATTERS City Attorney, John Hayes stated that 1) Christine Wilson complaint has been settled 2) Request by Municipal Court that we consider extending penalty period in ~1unici pal Ordinances from 90 day jai 1 term to 180 days, in order to allow for probation to be completed by individuals sentenced out of Municipal Court Council would like more informati.on and what type of crimes 3) Addressed the Election Challenge of Rod Johnson Mr Doyle alleges that Mr Johnson did not fulfill residential requirements as a candidate What role does Council wish him to take? Motion by Mr Merkl that City Attorney defend City and City Charter in this matter; seconded by Mr Davis Discussion followed Mr Davis called for the question; seconded by Mr Merkl; carried 6-1 with Mrs Keller voting No, Mr Johnson abstaining Vote on original motion carried 5-2 with Councilmembers West and Worth voting No, Mr Johnson abstaining ELECTED OFFICIALS' MATTERS Mr FIasco stated that on December 4, at 7 00 pm, there will be a Public Hearing at East Senior High School by DRCOG, regarding the New State Correction Diagnostic Facility of Metropolitan Area Please attend if you can Mr Merkl reminded Community Development Committee of meeting right after Council meeting Motion by Mr Davis to adjourn; seconded by Mr Merkl; carried 8-0 Meeting adjourned at 8 55 P m " r Ii /j ~. );(/~I'2.d.,v ,,') f<-~_____ Wanda Sang, City Cl~ APPROVED BY CITY COUNCIL ON DECEMBER 9, 1985 BY A VOTE OF ~ ~ ~t~-J Kent Davis, Council President TO 0