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HomeMy WebLinkAbout09/08/1986 September 8, 19b6 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City CounciI Meeting was called to order by the M~yor at 7 30 p lli Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Tom Palmer, City Attorney, John Hayes, Director of Community Development, Ch~rles Stromberg, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of August 25, 19b6 Motion by Mr Merkl for the approval of the Minutes of August 25, lY8b, seconded by Mrs Worth, Mr FIasco asked for a correction unaer "Elected Officials' Matters" that the registration fee for DRCOG Conference is $100 per city and $16 per person Motion with corrections carried 8-0 CITIZENS' RIGHTS TO SPEAK Randall Lloyd from the Denver Symphony Orchestra presented poster to the City for their contribution and gave handouts and invited Council to be Denver Symphony's guests at concerts of their choice except the "Great Artists" series Leland Gillian, 5126 W 38th Avenue, presented Council a with letter requesting landscaping instead of red brick at the back of the curb, with landscaping area to be maintained by Homeowners Association This is the McLaughlin Applewood Subdivision on 38th Avenue Discussion followed Mr Hayes suggested this be brought in in written form at a Council Meeting as an agenda item Motion by Mr ~est to bring this in at next Council meeting, on September 22, 1986, seconded by Mr Johnson, carried 8-0 Don Lancaster, 407b tverett, bave belated congratulations on landscaping on Highway 21 at I-70, much better than the weeds that were there before PUBLIC HEARINGS AND URDINANCES ON SECOND READING Item 1. Council Bill 260 - An Ordinance amending Chapters 18, 19, and 27 1 of Appendix A of the Code of Laws of the City of Wheat Ridge, relating to the regulation of Major Vehicles, Truck Tractors, and Semi-Trailers Council Bill 260 was introduced on second reading by Mrs Ibbison, title read by the Clerk, Ordinance No 680 assigned Mr Gidley presented the case Present and sworn in by the Mayor were Jay Smith, 3270 Youngfield, who spoke in favor of Ordinance, thanked Council for time and effort put forth in making an Ordinance that will have control CITY COUNCIL MINUTF SEPTEMBER 8, 1986 PAGE -2- Marilyn Slifka, 6490 W 44th Avenue, representing the Wheat Ridge Chamber of Commerce, stated the Chamb~r stands behind this urdinance. Discussion followed Motion by Mrs Ibbison for adoption of the Ordinance as presented, seconded by Mr Merkl Motion by Mrs Worth to ameno that all parking spaces be pull through, seconded by Mrs Keller, Failed 3-5 with COullcilmembers Worth, Keller, and FIasco voting yes Motion by Mrs Worth to ameno page 4, Section 4 ~1 a (3) stricken (Section deals with dimensions of vehicles) no combo trailers be allowed, seconded by Mrs Keller, failed 3-5 with Councilmembers Keller, West, ana Worth voting yes Motion by Mrs Worth to amend that no idling whether attended or not attendea, except for usual start-up time deliveries no sleeping in tractor be allowea, seconded by Mrs Keller, failed 4-4 with Councilmembers Keller, West, FIasco, and ~orth voting yes Motion by Mrs Worth to bring back an amenament to the Model Traffic Code, which makes the MOdel Traffic Lode consistent and comj.Jatible with this Oroinance as adopted at next regular meeting on September 22, 1986, secondeo by Mr Merkl, carried 7-1 with Mr Davis voting No Mr Johnson moved to amend page 3, Section 3 20 Paragraph b 2 to delete "Union 76" and add at NE corner of W 44th Avenue ana eastbound I-70 ramp, seconaed by Mr Merkl Mr Hayes asked Council to note typo on first page at bottom third line from bottom "hereof shall be subject to the provisions" be stricken This was accepted by Motion Maker and second and is part of the motion above Motion carried 8-0 Motion by Mr Merkl to amend page 4, Section 4 21 a 3 combo tractor and trailer lengths be increased from 60' to 70', seconded by Mrs Ibbison, carried 5-3 with Councilmembers Keller, West, and Worth voting No Motion by Mr Merkl to amend page 5, Section 5 22 Parking of Recreational Vehicles should be changed to provide a better definition, second line after vehicIes 8' or more in width or 25 ft or more in lengths and second paragraph, first line, between word a & Motor Home insert word "large", seconded by Mr Johnson, carried 8-0 Vote on Ordinance as amended carried 6-2 with Councilmembers Keller, and Davis voting No Item 2 Council Bill 26~ - An Ordinance amenaing the provisions of Section 27(J) of Appendix A of the COde of Laws of the City of Wheat Riage, relating to Satellite 0ignal Receiving Earth Stations, by adding thereto a statement of purpose Council Bill 262 was introduced on second reaoing by Mr FIasco, title read by the Clerk, Ordinance No 681 assigned Motion by Mr FIasco tor the adoption of Ordinance 681 on second reading, seconded by Mr West, carried 7-1 with Mr Davis voting No Item 3 Council Bill 263 - An Ordinance amending Appendix A of the Code of Laws of the City of Wheat Ridge by adding thereto Section 27 (K) Uverlay Zone, which provioes for creation of an Overlay Zone relating to all areas designated as "Multiple Use Areas" and "Activity Centers" on tile Comj.Jrehensive Development Plan of the City of Wheat Ridge, and specifically authorizing tile City Council to limit uses within saia Multiple Use Areas and Activity Centers CITY COUNCIL MINUTf SEPTEMBER b, 1986 Page -3- Council Bill 263 was introduced on second reading by Mr Johnson, title read by the Clerk, Ordinance No 682 assigned Motion by Mr Johnson for the adoption of Ordinance 682 on second reading with change in wording in paragraph 2 from "insure" to "determine", seconded by Mr Merkl Motion by Mr FIasco to have "Activity Center" deleted from this Ordinance Motion died for lack of second Mr FIasco will vote No, because business does not need another layer of government Motion carried 6-2 with Councilmembers Davis and FIasco voting No Item 4 Council Bill 264 - An Ordinance authorizing the issuance and sale of $5,000,000 of City of Wheat Ridge, Colorado, Industrial Development Revenue Bonds (Foothills Medical Associates, Inc Project) Council Bill 264 was introduced on second reading by Mrs Ibbison, title read by the Clerk, Ordinance 683 assigned Motion by Mrs Ibbison for adoption of Ordinance 683 on second reading with changes from $7,000,000 to $5,000,000 where needeo with exception of last line on first page, seconded by Mr Merkl Mr West will vote No, because Industrial Revenue Bonds should not be used for this This is not for all citizens of Wheat Ridge Motion carried 6-2 with Councilmembers West and Worth voting No ORDINANCES ON FIRST READING (NO PUBLIC TESTIMONY) Item 5. Council Bill 265 - An Ordinance amendin~ the Code of Laws of the City of Wheat Ridge, Colorado, by adaing thereto Chapter 19, Smoking Regulations, which Chapter contains reguIations relating to smoking within various common areas, public and work places, and which prohibits the sale of cigarettes to persons under the age of sixteen (16) years, and providin~ penaIties for violation thereof Council Bill 265 was introduced by Mrs Keller on first reading, title read by Clerk, Motion by Mrs Keller that Council Bill 265 be approved on first reading, ordered published, public hearing be set for Monday, October 13, 1986 at 7 30 p m in City Council Chambers, MunicipaI Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr West Mr Merkl moved to amend to take out "seating capacity of 30 or fewer patrons" and read "restaurants unless otherwise posted", seconded by Mr Davis, failed 4-4 with Councilmembers Davis, West, Merkl, and Worth voting yes Motion carried 8-0 Item 6 Council Bill 266 - An Orainance providing for the approval of rezonin~ from Restricted-Commercial and Commercial-One to Commercial-One on land located at 9162-9190 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-6) (CLB Partnership) Council Bill 266 was introduced by Mr Johnson on first reading, title read by Clerk, Motion by Mr Johnson that Council Bill ~66 be approved on first reading, ordered published, public hearing be set for Monday, October 13, 1986 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approveo on second reading, take effect 15 days after final publication, seconoed by Mr Merkl, carried 8-0 CITY COUNCIL MINUT~S SEPTH1l3EH 8, 1986 Page -4- Item 7. Council Bill 267 - An Ordinance providing for the approval of an increase in density on an Ap~roveQ Planned Residential Development and approval of a Combined Outline and Final Plan and Plat on Iand located at 10451 West 38th Avenue, City of Wheat Hidge, County of Jefferson, state of Colorado (Case No WZ-86-7) (Jefferson County ~ousing Authority) Council Bill 2b7 was intrOduced by Mr Davis on first reading, title read by Clerk, Motion by Mr Davis that Council Bill 2b7 be approved on first readinb, ordered pUblished, public hearing be set for Monday, October 13, lY8b 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 Merkl, Mr FIasco will vote no, even on first reading, because you are increasing density, I don't know whether you are increasing it from 100 units per acre to 500 units per acre, it just doesn't tell me anything Motion carried 5-3 with Councilmembers West, FIasco, and Worth voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item 8 Discussion of Comprehensive PIan Amendment re "Multiple Use" Motion by Mr West to adopt the following as an amendment to the Comprehensive Plan "This category of use MAY INCLUDE a mix of residential, office, andlor retaiI commercial uses, and parks and open space, and public/semi-public uses, to be developed in a manner which insures compatibility between uses within multiple use areas it is also the objective of this category to INSURE COMPATibILITY OF USES BETW~EN MULTIPLE USE AREAS AND ADJACENT USES, ESPECIALLY WHERE ADJACENT TO LOW DENSITY RE:::>ILJENTrA,1 lJS~S INlJUSTHIAL USES ARE. SHCIFICALLY PROHIBITED WITHIN ANY AREA DESIGNATED AS A MULTIPLE US~ AREA ON THE COMPREHENSIVE DEVELOPMENT PLAN FUTURE LAND USE PLAN MAP, SITE PLAN APPRUVAL WITH ANY REZONING, FINAL DEV~LOPMENT PLAN, OR SPECIAL USE PERMIT SHALL BE HEQUIRED PLANNING COMMISSION AND CITY COUNCIL SHALL HEVIEW SUCH SITE PLAN AND PROPOSED USES WITH REGARD TO THE OBJECTIVES STATED IN THIS SUBPARAGRAPH (3) AUTHORITY IS SPECIFICALLY RESERVED TO PLANNING COMMISSION AND CITY COUNCIL TO LIMIT USES AND TO REQUIRE ADDITIONAL DESIGN OR DEVELOPMENT STANDARDS WITHIN A MULTIPLE USE AREA SO AS TO ACHIEVE THE STATED COMPATIBILITY OBJECTIVES" Seconded by Mrs Keller Motion by Mr Johnson to change the words "insure" to "provide" and "insures" to "provides", seconded by Mrs Worth, carrieQ 5-3 with Councilmembers Keller, West, and FIasco voting No Vote on original motion as amended carried 8-0 dlY Luut:LIL hIhi.Jlt:.:.. ~t:.Plt.hbt.h b, l<:::iIJb PAGL -~- ItulJ S ui;:;cussiotJ en request 1rOII, CiVil ~erv.lce COn1l11iSsion hotion ly ~r uavis th8t 4>..J,OOO be transferrec. frotu aCCCOUtlt 110U7-7'75 tv account k1UL-IJU to ~ruviG~ for ~;:;ycholobical evalubtions for all canoioates for ~olice officer, ;:;econae~ by ~r Johnson kr Flascv ~111 vote 110, LeCCiuse oot! the l.-uie1 &IJO Patty Lre~ reCOIIHilena a6ainst this hoti,)tl tdileo 4-4 witL Lounciln,elli0ers Ibbison, Lavis, herkl, arlu wortL vetino yes 1 ten, 1 U hot i 0 tIt v a c c e" t. "U it C 1 a i II, Lee u ;:; hotiotJ uy Mr F lCisc.o that iNe Cicce~t the attac.ne~ "ui t Clain, Deeo of extra ri~ht of way on 44tL Avenue from Lincoln lIewbate Assvciates L i Iii 1 t e 0 0 ate u Ju Ii e 11 t h, 1 ':J b G, see 0 n U E. a 0 y h r s \,0 r t h, car r i e a b-LJ CITl AUtlNISThATOh'S hA1T[R~ loti, Palluer relLltldeu CourJcil of Luabet ";essions on ~eptetiil)er 15, 10, ana 17 A lite supper will be served at 6 UU P ill CIT) ATTGRNEY'~ hATTbhS In re-net',otiCltiflG \ )ors ureenbel t Lease, Coors requires insurance of million, CIhSA only provides $400,000 ~r herkl sU~6estea calling Lonnie hiller, our governmental affairs re~resentative, for Lel~ Assistant County Attorney has inforrueu us re-imbursement lS on the way frotH Open Sl--ace for 58th IX Parfet ~urctJase Lourt !)cc.lsion en la~suit itlvelvLfJt" :.,tate or Colvr;:;a0 ana Al&T tax oti access char6es uncetlst.itut1onal VlLeat hiuoe c~ose not to t~x access--aoesu't think this will hCive any t:ftect on our tax case bLlLTEL uF~ICIAL~' MA1TER~ h an a a ~ cltJg r ell, 11, u e u c:j ~he also askeQ Graer 8UU ~roceuure Council of Jt:1fCo Governments Council if tLey woulu like to on ~tuay ~ession for review he'oLins )n ':)e~ten,ber have Louncil hules 01 ~o lliotion was m80e ~j U e L e 11 e r ~ ::; k e u h r ~ u 1 JI. e r to d S k tJI r wit h up Qat Eo Gt 1 a 0 II. est L c; v L ole n c e ~he Lruubht City Council u~-to-date on Youtr; Or!:,ani<.ativn [lJeetinbs at Uniteo hethodist Lhurch, no charge exce~t help uti 1 it i e sin ~ i n t e r Jay c e e s will s u jJ e r vis e I, L u r c h will tonight Cassa to prvvioe City Council f'ussible with act on tr is Hoa Johnson SUbic,esteu to Council anu citizens that with b\Wbet shortfall anticipation, we shoula (~Qll on civic clubs aria orbauizations to lJecotlJe involveG in our r'ity, i e pdrks c;nu special proJect;:; thdt Li 10 rtloney, lliostly many times takes d lot of labor, feels civic orbanizations would want to jJartlci~dte CllY CG~~CIL ~INU1[~ 0LPHlv,BU, 0, 190b HGE -0- Larry ~erkl questioneo kock & GlllrJouse properties AnSwer was that closirJ6 on GilHlOuse !Jr),J(~rt:, l-!ill take \.-lace before tLe first. of the YEar Court hearuJb this week utI ovlLershijJ oisjJute [)f"Lween ~,r hock ana hr JOllrlSOtJ hutior; by Mr her~l to 8jjl-'oirlt Charles VI kutLerforo to the Civi.l Service Com~ission tro~ DistrlcL I anu Hubert hartur.6 lro~ District II, secunued by ~,r JolHJson, carried b-O ,je further doaresseu the curb anu sluewalk rel--lacement on c:(tL Avenue, n,o v e d t u t r CJ i I 3 fer ~p ':J , ':J lJ lJ 1 i s c u s s ion toll u we Cl :::, c. con u ell U Y h r John::;ot! Lue to Couticll reqlje',t in;:; facts anu f ibure::; on tin::, bef ore a vote is taken, hr ~ erkl wi thorew thl~ Il,ot ion Cli.luuia ~~orth requt.steu hr fJall:Jer to look at siuewalk lp.Lnk ::,ectiotJ) between 'vIadsworth anu hiplir.6, Lrick is sloULhinf::, off in front of hheat hiut,fc LIJ'l,ber ana Lairy (,ueen Tony Fla~<:~ tlas hesolution for L.onbress of Local GovernrllerJts (hanoouts), reminded Council of DRCGG seminar It and LV. es t s to ted he spoke to Coun ty COlund s s ioner s Ii ich r era i n anu set! regaroing the ~heat Ridge library ana he has assureo hr ~e~t that hheat Hidoe Liurary will not ue closeo He requesteo status of Phase V of Lena Gulch, answer was there are $~OO,OOO for drainage He stateo we need oucks anu 6eese control hotion by hrs Ibbison to aOJourn, seconueo Ly hr Merkl, carried 0-(, heetinb aOJourneu at 10 1':J P ~ I c;J,zCJl/,(, ?'~4-------- ~anda ~anb, City CleV.. APPR0VtD bY L.I1Y L.0UhCIL ON ~EPTEhbEH ~L, 1~06 L~ A ~0fE L~ ~ 1L~ ---L//:~j -__ m Kent Uavis, Council Presioent