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November 25, 1985
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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
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Wanda Sang, City Cl~
APPROVED BY CITY COUNCIL ON DECEMBER 9, 1985 BY A VOTE OF ~
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Kent Davis, Council President
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