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Home My WebLink About10/13/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE. COLORADO OCTOBER 13. 1986 The City Council Meeting was called to order by the Mayor at 7 30 p m 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 Planning, Glen Gidley, staff and interested citizens APPROVAL OF MINUTES of September 22, 1986 Motion by Mrs Worth for the approval of the Minutes of September 22, 1986, seconded by Mr West, carried 8-0 CITIZENS' RIGHTS TO SPEAK Jim LytIe, 5863 Swadley Ct , presented a packet of a sample proclamation on Women in Crisis Month Read letter into record Kay Ore, 10565 West 46th Ave , stated that she was involved in the Women in Crises project Mrs Ore proposed a $2,000 donation from the City of Wheat Ridge, suggested $1,000 from account #01-102-700-702, and $1,000 from account #01-102-700-716 Lillian Fleming, 6363 West 29th Ave, addressed the Library information, updated budget changes Even with mill levy increase the hours and services will be cut at the Wheat Ridge Library Dougal Graham, 3330 Chase St , addressed Library budget into record Read letter Dorothy Thompson, 3014 Chase St , stated about the Library and interated support of Wheat Ridge Library and asked that it be vastly improved Kim Herfurt, 13547 West 67th Way, stated that he sUj.Jported the City of Wheat Ridge and Charles Stromberg and his staff He is concerned about elimination of the Economic Development Department students from Wheat Ridge High School State and Local Government Class were present and recognized by Mayor Stites and City Council CITY COUNCIL MINUT~ OCTObER 13, 1986 PAGE -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class D - Retail Liquor License for Stonerook, Inc , by Tom Stonerook, to be located at 7777 W 38th Avenue, Wheat Ridge (Wilmore Center) Motion by Mrs Keller that the neighborhood be set at a l-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing be set for Monday, November 10, 1986, seconded by Mr Johnson, earried 8-0 PUBLIC hEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 265 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, by adding thereto Chapter 19, Smoking Regulations, which Chapter contains regulations relating to smoking with in various common areas, public and work places, and which prohibits the sale of cigarettes to persons under the age of sixteen (16) years, and providing penalties for violation thereof Council Bill 265 was introduced on second reading by Mrs Keller, title read by the Clerk Ordinance 685 was assigned Mrs Keller read proposed amendment after Section 19-5 on the Council Bill originally approved by City Council on first reading, adding 19-5A, "Designated Smoking Areas" A section of the fOllowing common areas, public places, and work areas may be designated as smoking permitted areas by the owners, lessee, principal manager, person in charge, or employer (1) No more than 25% of the total common area may be designated as a smoking permitted area (2) Restaurants with a seating capacity of more than thirty (30) patrons, provided however, that the owner, lessee, principal manager, or person in charge shall provide a "No Smoking" area of sufficient size to accommodate patrons who request to be seated in such an area All such patrons must be advised that "No Smoking" areas are available (3) Work Areas, provided however, that not more than 25% of employers total floor area may be designated as a "Smoking Permitted" area Mr FIasco also presented a proposed amendment unoer Section 19-4(2) after the Colorado Beer Code, " with seating capacity of 30 or fewer patrons" Mr FIasco commented on amendment Mrs Keller is going to make from the Colorado Wyoming Restaurant Association Mr FIasco stated that he had an amendment to that amendment at the time when Council would designate by percentage, 25% or 40 % or some definite figure and strike the last sentence of that section Present, sworn in by the Mayor and speaking in favor of Council Bill 265 was Marilyn Slifka, 6490 W 44th Ave, of the Chamber of Commerce, R D Clark, 7620 W 44th Ave, Rebecca Wacker, 6627 Zang Way, Azad Katchian, M D 9886 W 34th Ave, Malcolm Tarkanian, 1880 Tabor St , Walter Young, 11794 Applewood Dr , Donald W Parsons, 2045 Franklin, Jim Towle, Colorado-Wyoming Restaurant Association, and Pete Bialic~ Gasp of Colorado, in Boulder Present, sworn in, and speaking in opposition was Polly Pinkston, 10630 W 46th Ave, Philip Granger, 3096 Benton St CITY COUNCIL MINUTE._ OCTOBER 13, 1986 PAGE -3- Discussion was hela and the title of the Council Bill was read Motion by Mrs. Keller for the approval of Council Bill 265, seconded by Mr FIasco Mrs Keller proposed to amend Council Bill 265 under Section 19-5 "Smoking Prohibited" Mrs Keller reinterated her proposed amendments, Restaurants with a seating capacity of over 30 patrons, the owner, proprietor, or person in charge, shall designate a "No Smoking" area of sufficient size to accommodate, without unreasonable delay, patrons who request to be seated in such an area The delay shall be deemed reasonable if it is equal for smokers and non-smokers Motion by Mrs Keller for amendment no more than 25% of common area to be designated as a "Smoking Permitted" area, seconded by Mr FIasco Mr Davis stated that he would be voting No because they want 100% of the area for non-smokinb, they have a right to have it just as they have a right to have it posted smoking prohibiteQ or allowed The City should not so designate Mr West agreed with Mr Davis Vote failed 4-4 with Councilmembers Ibbison, Keller, FIasco, and Worth voting yes ~otion by Mrs Keller to amend 19-~A Section (2) Work Areas, provided however, that not more than 25% of employers total floor area may be designated as a smoking permitted area, seconded by Mr FIasco Discussion Mr Davis stated he would be voting No because the City has no right to infringe upon the Business people If they don't have smoking they (the business people) have the right to enforce it, because they deal with the people If they have people working in their establishment that are allergic to smoke then Mr uavis felt that it is up to the management to provide an area for those employees Vote failed 4-4- with Councilmembers Ibbison, FIasco, KelIer and Worth voting yes Motion by Mrs Keller for 50% of the total floor area of a work place, seconded by Mr FIasco Discussion followed Mr. FIasco stated he would vote No because if you get a 40% area of smokers the smoke drifting from the smoker is going to go over to the other 10% so the maximum that I would consider in a work area is 40% not 50% if you want to make equaI, 40% or even 35% might possible but not split it 50 - 50 Vote failed 4-4 with Councilmembers Ibbison, Keller, FIasco and West voting No Motion by Mr FIasco to amend previous amendment 40% instead of 50%, seconded by Mrs Keller Mr Davis asked for a friendly amendment that in common areas there shall be designated as smoking areas of sufficient size, to accommodate patrons, customers, and employees not to exceed 40% First and seconds accept this as part of their motion Vote carried 7-1 with Mr West voting No Motion by Mrs Keller to amend 19-5A of previous proposal under restaurants Mr FIasco will vote No because it is unenforceable and that leaves it up to the discretion of the restaurant owner the ability to change it Vote carried 5-3 with Councilmembers West, FIasco and Worth voting No Motion by Mrs Keller to amend Article II Section 19-9 at the enD of the sentence ado "and prohibit the free distribution to any person unoer sixteen years, seconded by Mr Davis, carried 8-0 Motion by Mr FIasco to amend 19-4, 2 add, after Beer Code, the words, "with seating capacity of' 30 or fewer", seconded by Mrs Keller, failed 4-4 \"ith Councilmembers Ibbison, Keller, Worth and FIasco voting yes Motion by Mr FIasco to ameno 19-4 Section (2) at the end of the sentence add words "with 30 or fewer patrons", seconded by Mrs Worth, failed 4-4 with Councilmembers Ibbison, Keller, FIasco and Worth voting yes Motion by Mr FIasco to amend 19-5 to have it read" It shall be unlawful for any owner, CITY COUNCIL MINUTE OCTOBI:.R 13, 1986 PAGE -4- lessee, manager, or person in charge, of a common area to intentionally fail to enforce its prohibition against smoking in any common area, public place or work area except otherwise expressly permitted by this Article, seconded by Mrs Keller Discussion Mr. West called for the Question, seconded by Mr Davis, carried 7-1 with Mr FIasco voting No Vote on amendment failed 4-4 with Councilmembers Ibbison, Keller, Worth, and FIasco voting yes Vote on Ordinance as amended carried 8-0. Item 3. Council Bill 266 - An Ordinance providing for the approval of rezoning from Restricted-Commercial and Commercial-One to Commercial-One on land located at 9162-9190 West 44th Avenue, City of Wheat Rioge, County of Jefferson, State of Colorado (Case No WZ-86-6) (CLB Partnership) (Postponeo until October 27) Motion by Mr Johnson to yostpone Council Bill 266 until Monday, October 27, 1986 at applicants request, seconded by Mr Davis Motion by Mr West to have applicant pay for extra public hearing fees Motion failed for lack of a second Vote on original motion carried 8-0 Item 4 Council Bill 267 - An Ordinance providing for the aj.JprovaI of an increase in density on an Approved Planned Residential Development and approval of a Combined Outline and Final Plan and Plat on land located at 10451 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of CoIorado (Case No WZ-86-7) (Jefferson County Housing Authority) Council Bill 267 was introduced on second reading by Mr Davis, title read by the Clerk Ordinance 686 was assigned Mr Glen Gidly presented the case Present, sworn in by the Mayor, and speaking in favor of Ordinance 686 was Orville Anderson, 1425 Brentwood, Don Monroe, 545 Dover Motion by Mr Davis for the approval of CounciI Bill 267 a request for approval of a combined outline and final plan and plat for property located at approximately 10451 W 38th Ave , be approved for the following reasons 1 The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case 2 The request is compatible with adjacent land use and zoning within the area 3 All zoning and subdivision regulations have been met With the following stipulations 1 The project sign be adjusted to have 10 foot setbacks from property lines 2 That the maximum size of courtyard fences be indicated on the Plan, not to exceed 6 feet in height 3 That the street dedication at the northeast corner be extended to 150 feet south 4 That the plan be amended to accevt option 4B That the Plan be amended to include a statement which requires that, when and if a street connection to the east is accomplished, the Miller Court access be converted to an emergency access for fire protection and be constructed in a manner that would not permit its use on a daily basis, seconded by Mr West Mr FIasco asked for a friendly amendment for stipulation 5 that would state "that the drainage plan in the report CITY COUNCIL MINUT~ OCTOBER 13, 1986 PAGE -5- must meet with requirements of the Flood Plain Ordinance, and that the difference between the Fire Department be ironed out to the satisfaction of both parties and perimeter sidewalks be designed to accommodate emer~ency vehicles This amendment was accepted by first and second as part of motion Vote on original motion carried 7-1 wlth Mrs Worth voting No Item 5. Council Bill 268 - An Ordinance amending Chapter 21, Taxation of the Code of Laws of the City of Wheat Ridge by adding thereto Article VI, Business Occupational Privilege Tax, and providing a penalty for violation thereof Council Bill 268 was introouced on second reading by Mr Merkl, title read by the Clerk Ordinance 687 was assigned Some of those present, sworn in by the Mayor, and speaking in opposition were Marilyn Slifka, 6490 W 44th Ave, Pat Gascoyne, 11771 W 49th Ave, Mel birkK' Lutheran Medical Center, 8300 W 38th Ave, Polly Pinkston, 10630 W 6th Ave, J.B Wilbanks, 4030 Reed St , N. Lill~, 3462 Marshall, J H. Leifker, 1231 SWard Ct , Michael Negethett, 4700 Kiplinb, George Graul, 4200 Yarrow #24, Rod Clark4 7620 W 44th Ave, David KUllman4 10270 W 33rd Ave, Joseph Ganssle, OU Sheridan Blvd Don D. Cox, 649 W 44th Ave, John Ganssle, 8780 Lamar Dr , Dean Rever, 10270 W 33rd Ave, Tom Willis, 4315 Wadsworth Blvd, Rebecca J. Wacker, 6627 Zang St , Everett ~ Huddleson, 7379 W 2nd Cir , Norma Ekberg, 12467 W 38th Dr , Noel S Midlan, 7391 W 33rd Ave, Philip Granger, 3096 benton, Tim Sabus, 9240 W 49th Ave, and Chuck Collon, 3274 Pierson Discussion followed Motion by Mr Merkl for the approval of Council BiIl 268, seconded by Mrs Worth Motion by Mrs Worth to amend with a Section 21-90 Automatic repeal Motion died for a lack of a second Discussion Motion by Mrs Worth to resubmit Automatic Repeal Section 21-90 down to last paragraph, seconded by Mrs Keller, Failed 4-4 with Councilmembers Keller, Johnson, Merkl and Worth voting yes Councilman FIasco stated that he wouId be voting No and would give his reasons at a later date Discussion on original motion was held Mr FIasco voted No because he had listeneo to all the reasons given and had been upset about the hurry to pass it Mr FIasco stated that it was not fair to do this, this year to anybody and may have felt and voted differently if this had taken effect on the first of January Mrs Worth stated that she would vote No because putting a head tax on permanently is a hardship on businesses and that it was unnecessary Mr Davis stated that he would also be voting No because for 2 years he and Mr West had advocated an increase in sales tax and it was always to late Mr Johnson voted No because he felt that it was a poorly written Urdinance Vote failed 3-5 with Councilwembers Keller, Merkl and West voting yes Motion by Mr Mrs Keller, voting No Merkl to ameno rules and go past 11 00 pm, seconded by carried 5-3 with Councilmembers Davis, Johnson, and West OCTUBER 13, 1986 PAGE -6- CITY COUNCIL MINUTE Item 6 Council Bill 269 - An Ordinance amending Section 12-2, Amendments to Model Traffic Code, of the Code of Laws of the City of Wheat Riage, Colorado, by amending Section 11-4, "Parking of Major Vehicles" and by repealing Section 11-5, "Parking of Major Vehicles within Commercial Districts wherein a Special Use Permit has not be granted" of said amended Model Traffic Code Council Bill 269 was introduced on second reading by Mrs Worth, title read by the Clerk Ordinance 687 was assigned Motion by Mrs Worth for the adoption of Ordinance 687, seconded by Mrs Keller Mr FIasco stated that he would be voting No because it is more expensive on second and third offense and not on first offense Vote carried 7-1 with Mr FIasco voting No Item 7 Council Bill 270 - An Ordinance repealing Section 13-17, Abandoned Vehicles, of the Code of Laws of the City of Wheat Ridge, Colorado, and amending said Code of Laws by enacting Sections 13-19 through 13-27 inclusive, relating to the Towing of Abandoned Vehicles Council Bill 270 was introduced on second reading by Mr West, title read by the Clerk Ordinance 6B8 was assigned Motion by Mr West for the approval of ordinance 688, seconded by Mrs keller Discussion followed Mr FIasco stated that he would be voting No because it is another Ordinance on the books that we are unable to enforce Vote carried 6-2 with Councilmembers FIasco and Worth voting No Item 8. Motion Special 8-0 Item 9. Council Bill 271 - An Ordinance repealin5 and reenacting Chapter 20, Streets, of the Code of Laws of the City of Wheat Ridge by Mrs Worth to Postpone until Monday, October 27, 1986 due to Districts wanting to have input, seconded by Mr Merkl, carried CONSENT AGENDA A) Council Bill 272 - An Ordinance repealing and reenacting Sections 5-30 and 5-32 of the Code of Laws of the City of Wheat Ridge, Adopting by Reference the Uniform Building Code, 1985 Edition, Copyright 1985, providing for Certain Amendment thereto, and providing penalties for violation thereof Council Bill 272 was introduced on second reading by Mr read by the Clerk Ordinance 689 was assigned Motion the approval of Ordinance b89, seconded by Mr Johnson, Davis, title by Mr Davis for carried 8-0 CITY COUNCIL MINUTE OCTUBER 13, 1986 -7- B) Council Bill 273 - An Ordinance repealing and reenacting Section 5-37 of the COde of Law~ of the City of Wheat Ridge, Colorado adopting by reference the Uniform Building Code for the Abatement of Dangerous Buildings, 1985 Edition, Copyright 1985 and providing penalties for violation thereof Council Bill 273 was introduced on second reading by Mr Davis, title read by the Clerk Ordinance 690 was assigned Motion by Mr Davis for the approvaI of Ordinance 690, seconded by Mr Johnson, carried 8-0 C) Council Bill 274 - An Ordinance repealing and reenacting Sections 5-33 and 5-34 of the Code of Laws of the City of Wheat Ridge Colorado, adopting by reference the Uniform Mechanical COde, 1985 Edition, Copyright 1985, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 274 was introduced on second reading by Nr read by the Clerk Ordinance 691 was assigned Motion the approvaI of Ordinance 691, seconded by Mr Johnson, Davis, title by Mr Davis for carried 8-0 D) Council Bill 275 - An Ordinance repealing and reenacting Sections 17-1 and 17-2 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Plumbing Code, 1985 Edition, providing for certain amendments thereto and providing penalties for vioIation thereof Council Bill 275 was introduced on second reading by Mr read by the Clerk Ordinance 692 was assigned Motion the approval of Ordinance 692, seconded by Mr Johnson, Davis, title by Mr. Davis for carried 8-0 ORDINANCES ON FIRST READING Item 10 Council Bill 276 - An Ordinance amending Chapter 12, Motor Vehicles and Traffic, of the Code of Laws of the City of Wheat Ridge, by adding thereto Article II, Registration of Vehicles, requiring Motor Vehicles to be properly registered pursuant to the provisions of C R S 42-6-137, and providing civil and criminal penalties for violation thereof Council Bill 276 was introduced on first reading by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 276 be approved on first reading, ordered published, public hearing to be set for Monday, October 27, 1986, at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 1 day after final publication, seconded by Mr West, carried 8-0 CITY COU~CIL MINUT~__ OCIOBER 13, 198b PAG~ -8- Item 11. Council Bill 277 - An Ordinance repealing and reenacting, with amendments Chapter 21, Taxation, Article 1, Retail Sales, of the COde of Laws of the City of Wheat Ridge Council Bill 277 was introduced on first reading by Nr Johnson, title read by the Clerk Motion by Mr Johnson that Council Bill 277 be approved on first reading, ordered published, public hearing 0 be set for Monday, October 27, 1986, at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect Novenlber 1, 1986, seconded by Mrs Keller, carried 8-0 Item 12. Council Bill 278 - An Ordinance amending Cha~ter 21 of the Code of Laws of the City of Wheat Ridge by repeaIing and reenacting Sections 21-54, 21-54 1 (E) and 21-54 1 (J) relating to Admissions/Amusement Taxes Council Bill 278 was introduced on first reading by Mrs Ibbison, title read by the Clerk Motion by Mrs lbbison that Council Bill 27~ be approved on first reading, ordered published, public hearing to be held on Monday, October 27, 1986, at 7 30 p m in City Council Chambers, Municipal Blug , and if a~j.Jroved on second reading take effect 1 day after final publication, seconded by Mr Merkl, carried 8-0 Item 13. Council Bill 279 - An Ordinance re~ealing an reenacting Section 5-45, Contractor's License Fees, of the Code of Laws of the City of Wheat Ridge, establishing thereby revised fees for Contractor's Licenses Council Bill 279 was introduced on first reading by Mr Johnson, title read by the Clerk Motion by Mr Johnson that Council Bill 279 be approved on first reading, ordered published, public hearing to be set for Monday, October 27, 1986, at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 1 day after final publication, seconded by Mrs Ibbison Mr Merkl stated that he would be voting No because a tax on businesses was just voted down and now we are doubling the Contractors License Vote carried 7-1 with Mr Merkl voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item 14 Resolution 1006 - A Resolution supporting improved Library Services for the City of Wheat Ridge Resolution 1006 was introduced by Mrs Ibbison, title read by the Clerk Motion by Mrs Ibbison for the adoption of Resolution 1006, seconded by Mrs Keller Mr FIasco commented that he was not in favor of this Resolution because of comments that were made under public comment Mr Davis stated he would be voting No because he felt that this was a little morsel for them to bite on Something that we are not going to get in return Vote carried 5-3 with Councilmembers Davis, FIasco and Worth voting No CITY COUNCIL MINUT~ OCTOBER 13, 1986 PAGE -9- Item 15. Motion by Mr Merkl that $7,600 be transferred from Account #31-304-843 to Account #01-302-704 and that the encumbrance to Traffic Systems Corp be increased by $10,000 00 f'or Traffic Signal Maintenance and for this to worked out by staff and Mr. Malone, seconded by Mrs Keller Discussion Motion by Mr Merkl to have this worked out by staff and brought back at a later date, seconded by Mr FIasco First and second withdrew their motion, carried 8-0 Item 16 Motion by Mr FIasco that an amount not to exceed $3,500 00 be approved for the Annual Appreciation Dinner for Boards and Commissions to be charged to Account #01-610-712, seconded by Mr Merkl, carried 8-0 Item 17 Motion by Mr FIasco to approve payment of $723 00 as Wheat Ridges' share of Phase II and III of the W-470 study, seconded by Mr Johnson, carried 8-0 ELECTED OFFICIALS' MATT~RS Motion by Mrs Keller to accept the Budget from Mr Malone and leave as is Motion died for lack of a second Motion by Mr Davis to cancel the Study Session on Monday, October 20, 1986 and to have it on Tuesday, October 21, 1986 and to have the Budget and Economic Development on that nibht at 6 30 p m and to be at City Hall for dinner at 6 00 pm, seconded by Mr Johnson, carried 8-0 ADJOURNMENT Motion by Mr West to adjourn, seconded by Mr Davis, carried 6-2 Meeting adjournE}d at 12 30 a m - ,) / \ )/ I 't -~! '~~ a ;~~ts 1~g7'-t i (:~~erk------ , APPROVED BY CITY COUNCIL ON OCTOBER 27, 1986 BY A VOTE OF 8 TO o ,. ,/ ___Y ~L.L\l~~~~_____ KentCITavis, Council President