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HomeMy WebLinkAbout02/10/1992 February 10, 1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to orjer by the ~ayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davi~, Don E8fanti, Phil Eiwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, ~anja Sang, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public ~orks, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of January 27, 1992 Motiun by Mr Eafanti tor the approval of the Minutes of January 27, 1992, seconded by Nrs brougham Mrs Brougham asked that the Minutes be corrected to reflect on page 4, under Mr Shanley's motion for the approval of the Nugele Park Master Plan, it be noted that it was agreed to add the Basketball Court Square, the Pillars, and the access on the east This was accepted by Motion-maker and second Motion carried 8-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS I teru 1 Tr8nsfer of Ownership for Wilmore Liquors, 7777 W 38th Avenue, Wheat Ridge (Tabled from January 27, 1992) Motion by Mr Shanley to take Ite~ 1 from the Table, seconded by Phil Edwards, carried 8-0 David R Moffitt, 1010 S Joliet, Suite 204, Aurora, attorney for the applicant, was sworn in by the Mayor fvir hoffitt introduced the applicant, Mr Paek, and Jong A E DeBell, an interpreter whu works for him Mayur Winger administered the Oath of Office to Youn Ki Paek, 7~91 W ~entucky Drive, Lakewood, and Ms Jong LeBe]] Mr Moffitt apologized for not appearing at the first hearing, his car had br'oken down He stated that Mr Paek was a highly eju~ated, sophisticated man, who unierstood the liquor law, that he himself had explained it to him, as had Mr Park He would be an asset to the business community Mr Paek is the most educated and world experienced client he has ever represented He has hired Mr Huh as night manager and Mr Seo will work up to 60 hours per week Mr Paek will be also be there, he knows how to check I D He has indicated that he will check all I D 's CITx COUNCIL MINUTE~ February 10, 1992 Page -2- Mr Paek has no criminal record, neither here nur in Korea, or he would nut have been let into this Country The lanbuage barrier is only temporary and he is studying diligently to learn more Jason Park, 6803 S Liverpool Street, realtor, was sworn in by the Mayor ani answered Council's questions regarding various discrepancies on the background report that he had filled out for Mr Paek Vance Edwards asked if Mr Paek would be willing to attend the City Clerk's liquor training sessions He replied yes ~;rs help they Brougham asked that the background report be corrected with the of hr Moffitt She al~o asked that the managers be informed that cannot sell cigarettes to anybody under 18 Mr Shanley called for the vote and askei that the paperwurk be corrected before the license is given to Mr Paek Mr FIasco will vote abainst this because he has a great many concerns and wants them addressed prior to voting on this motion City Clerk, Wanja Sang, read the motion that was made on January 27, 199~ for the record Hot ion by Hr Liquor Store 38th Avenue, Shanley to approve the Transfer of Ownership of License for Paek Yuun Ki, dba "Wilwure Liquors", Wheat Ridge, seconded by Phil Edwards a Retail 7777 W Motion by Mr Davis to amend that if within 1 year of the transfer of this license a violation occurs, the Authority will consider the revocation of this license, seconded by Mr Flasco, failej 3-5 with Councilmembers Davis, FIasco, and Selstai voting yes Vote on original motion carried 6-2 with Mr Davis and Mr Flasco voting No PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 1 - An Ordinance amending the provisions of Section 26 Article I of the Code of Laws of the City of Wheat Ridge, hereafter referred to as the Zoning Code of the City uf Wheat Ridge, 8nd providing for the adoption of regulations pertaining to the expiration of variance approvals Council Bill Ordinance Nu 1 was introduced by Mr 8b9 assigned Davis, title rearl by the Clerk, Mr Gidley presented the staff report John Bernhart, 4525 Zephyr Street, Ch8ir Jf the Wheat Ridge Buard of Adjustment, was sworn in by the Mayor and asked for approval of this Urdinance CITY COUNCIL MINUTES February 10, 1992 Page -3- hot ion by l'ir Davis that Council Sill 1, Ordinance 15&9, a request for approval of an amendment to the Code of Laws adopting a time limitation on variance approvals, be approved fur the following reasons 1 It would eliminate speculative variance applications 2 It would eliminate "down-the-road" construction 3 Planning Commission recommends approval, secondei by hr FIasco Mrs Brougham askei for a friendly amendment to adrl 4 The board of Adjustment Rules be amended for specific reasons for extension This was accepted by Mr Davis and Mr FIasco Motion carried 8-0 Item 3 Council Bill 2 - An Ordinance vacating a portion of ~est 3dth Drive in the Ridge Subdivisiun within the City of Wheat Rioge, County of Jeff'erson, State of Colorado Council Bill 2 was introduced by Mr Eafanti, title read by the Clerk, Ordinance No 890 assigned Mr Gidley presented the case Motion by Mr Eafanti that Council Bill 2, Ordinance 890, Case No ~V-91-9, a request for approval of a right-of-way vacation for an unused portion of West 38th Drive, at 12467 W 38th Drive and 3840 Wright Street, be approved for the followin~ reasons 1 There is unclear title to the pruperty 2 There is no need for construction of a cuI-ie-sac at this point 3 Planning Commission and staff recommend approval of this reQuest, seconded by Mrs Brougham, carried 8-0 ORDINANCES ON FIRST READING Item 4 Council Bill 3 - An Emergency Ordinance amending the Zoning Code of the City of ~heat Rijge by adiing a definition of Confinement facility, and by ieclaring the use of property as a Confinement faCility to be a prohibited use within any zone district within the City of Wheat Ridge, except for any holding facility operated and controlled exclusively by the Wheat Ridge Police Department Vance Edwards introduced Council Bill 3, title read by the Clerk Mr Hayes explained that this was drafted as an emergency ordinance per discussion with City Council Since that time it was indicated to him that the emergency no longer exists and this can be brought in as a regular council bill with the emergency language removed Also halfway houses would be added to the non-emergency ordinance, however some uses should be excluded, such as houses to where an individual is confined pursuant to electronic detection, group homes to which juvenile offenders have been sentenced by the court, and residential treatment facilities He askerl if Council desired to adopt this an Emergency Orjinance or the new version as an ordinance on first reading CITY COUNCIL MINUTES February 1 u, 1992 Page -4- At Vance Erlwarj's request John Hayes explainei that the reason this Orrlinance was brought in, was because Council had been informed that the Jefferson County Commissioners hai made inquiries regarding purch8sing a ~roperty in ~heat Ridge for a work release confinement facility Mrs Brougham asked the Chief that prior to second reading he prepare a memo regarding his views on wor~ release programs Motion by Vance Erlwarrls to ado~t Council Bill 3, order it published, set a public hearing for March 9, 1992 at 7 30 p m in the Council Chambers, 7500 v. 29th Avenue, Wheat Rirlge, Colorado, seconded by Mr Shanley, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Itew 5 Discussion of Hiring Freeze ~r Davis explained that he had brought this up during burlget sessions and some awendments had been made He had requested that a hiring freeze be in effect for 6 months At that point it was suggesterl that the freeze be established with the exception of the patrol officers If an emergency comes up in any department, they would appear before City Council and explain the situation anrl it woulrl be up to Council to lift the freeze for that particular position or not Nr FIasco injected that it had also been established that when a vacancy occured in the police department, this position not be filled with a patrol officer and thereby created a vacancy Mr Davis agreed with that Consensus was 6-2 with Mr Shanley and Mr Edwards voting No to adopt this hiring freeze CITY ADMINISTRATOR'S MATTERS Mayor winger explained that 4 candidates for City Administrator had been interviewerl The top choice had turned down the job offer The second choice would be investigated by Mr FIasco and depending upon Mr FJasco's report woulrl be offered the job and expected to start work on March 15,1992 CITY ATTORNEY'S MATTERS John Hayes updated Council on the possible amendment to our massage parlor ordinance He is discussing this with the Police Department He requested an Executive Session under Section 5 Charter at the conclusion of the Council Meeting seconded by Mr Selstaj, earried 8-0 7(b)(1)(A) of the Mr FIasco so moved, CITY COUNCIL MINUTES February 10, 1992 Page -5- ELECTED OFFICIALS' MATTERS Vance Edwards referrej to a cupy of Senate Bill 92-17~, that he haj distributed to Council and asked the Clerk to reaj a summary of this bi 11 Senate Bill 9~-172 - requires that a petition for an urban renewal authority and for any proposed modification of an urban renewal plan disclose the effect of the creation of such authority or the effect of such modification on the property tax revenues received by the school district or district~ within the authority Requires that the question of the establishment of an authority and the modification of an urban renewal plan be submitted to the qualified electors of the municipality and that the expense of an election on such modification be paid by the authority Prohibits a city attorney from representing an authority unless such authority consists of the governing body of the municipality Requires the governing body of the municipality to review the urban renewal authority every five years to determine the continuation or abolishment thereof Bonnie Allison had asked for City Council support of this bill Motion by Vance Edwards that a Resolution be drawn up in support of Senate Bill 92-172 and authorize the Mayor to sign this Resolution, seconded by Mr FIasco, carried 7-1 with Phil Edwards voting no Elise Brougham asked for clarific8tion regarding the former City Administrator's pay agreement, she has never seen a written agreement City Attorney, John Hayes, stated that he haa to review the executive session tape to give Council an answer He will do this before the next Council Meeting Elise brougham asked for consen~us to get this Consensus was 7 in favor, Mr Shanley voting no Phil Edwards commended the community programmers that started a new program at Amer'ican Cablevi.'3ion, it''3 called "Family Issues" It is on Channel 9 on ~ednesday'3 at G 00 ~ m Kent Davis stated that Mr Shirley would be happy to wrap trees from the bridge to Johnson Park with heavier wire to protect thew from beavers if the City provided the wire He asked for consensus to provide the wire Consensus was 7 in favor, Mrs Brougham against Tony FIasco asked for consensus that he and another Council person meet with a Councilmember and the City Administrator from Arvada The subject is to provide a golf course in Wheat Ridge in cooperation with Arvada so that the citizens of Wheat Ridge wuuld be able to enjoy golf at residential rates Consensus was 8 in favor to pursue this CITY COUNCIL MINUTES February 10, 1992 Page -6- Ron Selstad stated the February 24, 1992 at b item will be Board and Comwittee fur City Affairs 15 p m before the Council Commission appointments would meet on Monday, Meeting The wain He also distributed a copy of a Cuuncil Bill that requires a minimum 75% attendance rate for members of Boards and Commissions and asked that this be brought in to the next Council Meeting on first reading He so moved, seconded by Mr Flascu, carried 5-3 with Councilmembers Phil Edwards, Bill Shanley, and Kent Davis voting No Motion by Mr Shanley to adjourn after the Executive Session, seconded by Vance Edwards, carried 8-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 10 00 P m APPROVED BY CITY / i, i:l~ik I CGUNCIL ON FEBRlJAh Y 24, 1992 bY A VOTE OF 8 TO -1L. / , Wanda ' sang', "c i ty _~:/ 1:1 (.z '-<-,f Kent Davis, Council President