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CCMtg03-12-84LONGi0oD CITY CONPIISSSON n1PRCH 12, 1984 Prenent: Mayor L7anc Deputy Mayor Micrneu ca~miaaio r lnrmvm ca~mfssion r Myer Commissioner Saerilson David Chacey, City Administrator Tan Lang, Assistant City Attorney Uonald Terry, City Clerk 1. Nuyor Grant called the meeting to order. invocation followed by Pledge of Allegiance to ehe United States f'1ag. 2. Approval of Mirwtes. Nation by C,.m.; ssioner 9rerilson, econded by DepMayor - Mitchell that minutes o£ 2/1]/84 wrk sessimi, 2/20/84 regulaz greeting and 2/23/84 wrk session be approved as sulmitted. Nation carci.ed by voice voce. 3. Public Heazing, Ordinance [1.618 - rezavng lots 54, 56 and 56'£, Town o£ inngxood fran R-2 (Residential, single fmdly-duplex) [o H (HisCOiiG Disttict). Property is located on the NE comer o£ Wilma and Pine Street. M'. Tam tag read - the ordinace by eiele only. Mr. Glucey described the location of rlie property and said ie was in conforo~ce with the Fuuse lad Use PLar~. 'fiere was ro discussion, pro or con. Ileion by Gmnissioner Myers, s corded by Gmndssioner Svnrilson, c public heazing be closed. lbeton carried by voice vote. Nation by Cemrdssion _ Lorniazm, seconded by Dep^fayor MiCChell ]ut Ordinar~ce No. 618 be adopted. 1bCion arried by a ~.maN.nws roll call voce. Mr. Jares Iangbine thmilced the Camdssi.nn foz their actaons. 4. Public Hearing, Conditional Use Requese by International Marketing and Sales co oper vetucle sales bus t 490 West State Road 434. Mr. B. D. Siapson said he Bathe repre active £oreShirkol Alous Mr. SinMson aid there w riginal swderstmdingsro rning the property. He said ehe property is nom zoned for a garage body detailsshop. Mr. Sivp~son said the laV Planning Agency bad reviewed me and had recavrended auto sales providing ehe sales are confined to wiilain Hie building. There was w further discussion, pro or con. :beion by DepMayor Mitchell, corded by Camdssioner Smerilson Hut public hearing be closed. Nation carried try Nation by Commissioner Myers, s corded by DepNlayor Mitchell clot a ConditimuLeUSe be grar~ted International Marketing and Sales co operate a vehicle sales bivsine act 490 Wese Stare Road 434 with the fiither stipulation clot all vehicles £or sales mould be maintained within the sMuroomi. Nation carried by a ~i~ roll call 5. Public Heazing, Conditional Use Raryest by Hamlet D'Alvarez co operate a reswnsane an C-2 Zoning District, Park Square. lhs. Gloria Schnem`a~ stated chat Mr. D'Alvazez had operated the Red Coeeage Restansazrt on SR 434 for 5-6 years and tad lose his lease ad she said M was asking pexm'ission co rel<u:aee his r m Park Square. There eras m fisHier discussion, pro or con Nation byeDepMayor Mitchell, s oohed by Cwvussioner Myer ehae public hearing be eloseci. ied by a Tb[ion by Cmmiss r Srerilson, s ,ended by Gmmie ionercWttamm clot arCondiCeional Ilse be grazited Mrlollanlet ^'Alvarezeeo operate a ~n Pazk Square, C-2 Zoning District. Ibcion was carried by a wanvmus rollanall voxe. 6. Public Hearing, Cadieional Use Request by Egon Covporaeion co operate a gasoline action in C-3 zoning districe. Mr. Dave Peppers, representing lkxon Cnrporaeion, asked fora n the Public Heazinz Mr. Peppers said a con ce had been granted by thenBOa~dcoE Adjisemene for a request [n build a a service section within 300 feet of another servicenscaeion omehe soma side of the - azid said 6xon desired co obtain e frwn the City Commission on ehe Conditional Use Reques Weil such tine asetheI3A had aceed on ehe request for a Mayor GYm~[ts eed cltae a conditional us c u1d n t he gcaiced £or a serv~.ce sta[ron m [hoc locaCron because the z ingeordinance did [ perme rt. Commissioner Myers said the Ciry's Zoning ordinance did roc permit a se within 300 fee*_of ae»ehee se on the sane side of the str aritltFw said i[ would be againse the lawcEorethe City to grant a Cniditional Use[ Reque Mr. Peppers said he had been advised by the zoning depaxlmmCtJaC he ouldsreque Nr. tang said i s his vender eroding il~ae mold alwaystrequesc asvarivice but he said Che mwd of the Gmmission cos ehae would illegal ru graic a variance which would be contrary to [he City's Zoning Ordinan He said i s perm Bible e ask fora ortelnuance. Cmmi.ssioner Myers asked Fwwtmany persons were presene because of the public Fearing and five persons r Bed the'iz hands. Mr. i,ang said if [he City Fad made any represmta[ions that the public hearing mould receive a continum e should be granted. DepMayor Mitchell said eFae a ewryary the size ofct~]aon ~shnuld know better and be pzepazed ro have the public hearing held. Mr. Peppers said he was not prepared to make a presentation this evening and had been cold chat a concinuan would be granted if ESaon requested ic. I+s. James Perry said he was opposed toeehe service se rye suggeseed Chat it might be more prudme to coneinue lie Feazing ad readvereise rather Clean confuse or mislead anyone. Mr. B. 1). Sisson s aced tFmt lu was a enl[or aid Md a ves[etl in rn ehe property s e he represmeed a <lien wieh a baricup c 2k. SinWSe said public hearings coutd be continued fran ti>re ere bueaCFae they sFOUld not be continued without a valid reason. Cumdssimert9rerilson said if the Cie ~n danger of being sued, he mould prefer that they be sued for not breaking the City's o..n law. Mr. tang said [hat Na. Perry had made a valid point suggeseing a coneinua~ and renoeice to ehe public. He said the Gity would be a bea r posi ifetFey granted a and Chen daiied Che apolica- en after a publi~heazing rather [Fan denying aeconeixvuance. 'fiere was no furCher discussion, pro or Cation by Nepaayor Mitchell, secw~ded by Ccemdssioner Myers eFaC public Feazing be closed. Canmssi.w~er 9rerilson said if gcaneing a condiei.onal use was against the law due to the 300 Eme limi on boeween serer aeions, Chen why drag Che maC[er ou Cvn~H.ssioner MyersaC said he had previously voiced cFe store opinion. Cation by IlepYayor Mitchell, econded by Gamds zonez ~erilson [Foe Conditional Use Request by Fkxan Eor on be d¢Sed since the <wprehensive zoning ordinance prohibits within 300 feet of moths se Cation on Clue sari side ofsche s .r Cbeim cattied by a s rollccall voce. ]. Resolution Cb. 513 -declaring special assessments for paving of West lake Scree[ fraa its in wick State Road 434 e with Wesc Warren Avmve. N¢C long read by title only. Ct. Chacey described the location of the street and he said each abutting property caner would be assessed 50 pereme of [he cost of paving the s~ an front of Fis property. Moeion by DepMayor CuCeFel1, seconded by C'mmtssioner Cfyers i]u[ Resolutim Cb. 513 be adopted. Cation carried by a vsanivrous roll call vote. 8. Resolution No. 514 -approving the request for a six mmths eztmsim in mnpletion of inWrovmmts to Reiter Pazk. Mr. Iang read by title only. C4. Chacey said the request for extension was due to delays caused by inclaamvt , weather. M1Y~tion by Camussimer Inniam, s corded by Cumd.ssioncr Myers eta[ Resolution No. 514 be adopted. Cation carried by a vmanvrov~s roll tall vote. 9. Siee Plan review - Iongerood Irm located a[ 150 S.L. Lake Sereee on CR 42] beNem {Jest Warren Avenue and West Cnisch Street. C4. (]acey briefed Che Canvssion nn the plans a erode{ the i!m and said ie would consisC of pro- £essional offices and a re Mr. Cnacey said the entravice off Church Scree[ ovoid be closed. taQacey said [he re xould roe normally care the City Cmmission bue¢said he had purposely done s order that the Cwmdssion be a of the project. Cb[ion by G dssioner Igmram, s coded by Dep'^ayor Mitchell that s to plan for Iong<.wd Inn be approved. tbti.on carried by a wanvrous roll call vote. ID. Peeition for a~mexation sW~mieted bJ Walter and Marie .lodge co er lots 11 ehrough 2I, Block 27, Kathryn Park Addition, YB 5, PGS 63-69. !h. Chacey described location of properry. Deputy Mayor Mitchell asked if wager and sewer was available o ehe site and t'&. Chacey said water was presently available and he said dtere a gravity floc sewer line smrediacely to the swih o£ the pmperey. Motion by DepFfayor Mitchell, s conded by Gvemissiener 3nerilsan chat petition fox am:exation be a cepted. Motionecarried by a w:ani+rous roll call voce. ~~ Firpazke~~sg~adi~nc~ bla b acmexation of tots 11 through 2I, Block 27, rya g sea y title only. Nation by DepNayor Mitchell, conded by Cmmissi.mer Smerilson tint Ordinance No. 619 be accepted on firs[ reading az:d that a public gearing be scheduled for April 16, 1984. Motim maied by a unasum:us roll call voce. 12. First Reading, Ordinance M. 620 - anmiding section 60] of ehe comprehensive caning ordinance by adopeing state seadards fox rna:y' er of children p¢miaed at child care Lk. ]ang read by eiele only. ~beion by Cmmissioner 3mxilson, s onded by Camdssinner Myers eo ccept Ordinance No. 620 cn Firse reading and ghat a public hearing be scheduled for Aprila9, 1984. Tbeion caaied by a :aw:imous roll roll mote. 13. First Reading, Ordinasce No. 621 - wading Ciry Cade. Mr. long read by ciele only. tff. (hacey said the ordinan would correct portions of the City Code that ehe Cmnd.ssion bad previously agreed to. trotion by Ca:missioner Iaxmvm, seconded by Cmmiseiw:er 9rerilson tttat Ordinance No. 621 be accepted on firs[ reading and chat a public hearing be scheduled for April 9, 1984. Motion carrietl by a vnaxumws roll call voce. 14. City Adninis¢atar's Report: Mr. (SUCey suggested that the Spring Qeanup be held m April 13 and 14 and he said water bills mould be atanped to provide this in£ormatim. DepMayor Mitchell asked iE reaidmcs not receiving City water mould receive letters advising of clearnip and Mr. (lacey said they would. Gxm¢ssioner s>rerilson asked if it mould be necessary call in to hxve ieme picked ~ of if ehe crzws could seop when they saw be picked np. Ph. Chacey asked ghat residents call and request pickups so the p.:blic mocks de u'tffirt ewld schedule stets. Cm~N.ssioner inmkam asked if branrfies weld be picked vp and Mr. (lacey suggested that. the cleanup be mstticeed co large it such washing machine refrigerators, e Tne trartnission asked clog ehe cleanup include large lir~bs and debris xhat regular garbage se ce mould not cake. Lbtion by Deptdayor Mitchell, s conded by Commissioner Strerilsm rtat the Spring Qeaziup be Mld on April 13 and 14 as suggested by t4. Chacey. Nation was carried by a vice vote. b. Mr. Cnacey said he had in ended eo ask pennissinn frwn [he Caimissien to adjust tau budget at vdd-germ to include a K-9 corps and tx s.s:ing, hoaever tl:e school st xt week and he wished to include l dog in the co~sse for training. Mr. Chacey ~d the dog and training had been paid for by eoniribueions fran local nerchants. Moei.cm by Commissioner Myers conded by Cwmissim:er 9rerilson ikae Mr. Chacey be authorized to schedule tr suing Fore1 dog and 1 officer in ehe police trashing course. tbcion was carried by Voice vote. K. Cnacey seated that holler Chevrolee was ehe low bidder thr t<x 1984 Celebrirye sedans taieh V-6 Diesel, 4.3 liter engine Mr. Chacey said other bids an the 11,000 - 12,000 range and Holler's bid was $8,993.15. Mr, a,acey asked cheeConmission co award the bid for aw police vehicles to 1bLler Chevrolet. Mo by Cwmissiw:er Snni'ilson, s onded by Cwnnissinner Myers e authorize p:¢clase of M vehicles from Koller Chevrolet at $8,993.15 cad:. Motion carried by a m~ar~inous m11 call wee. d. M1fr. Cbacey seated ChaC he nad received a con ct prepared by Mr. Rank Kruppenbacher n purcnase Two of property £mmtMr. Reiter which was adjacenC t ehe fires Mr. Chacey saidatnaC Mr. Reiter had agreed to sell checity Tmo es for $911250.00 ar:d he recwm~ded rl:at the City accept That offer. Nation by Cmmissioner Myer onded by Deputy Mayor Mvechell CIv[ the City accepe' ehe offer of $91,250 for Tw~ac es fran Mr. Reicer. Mayor Grano asked iE the City £Sigineer had ew~ed legal co deterndne if it .fined no acres and Ik. Ctncey said he had not. Mayor GrariC suggested That Mr. Ia~d re ea the c I4. I~g said the con t en for ,plus and said Than rural e used in ealwe LeMoTion byrComnissioner SMrilson,as carded byeOepMayor MiccnellathaC Cirycproceed with p:schase of Reiter properCye£or $91,250. Cbtion carci.ed by wmiinws roll call voce. Mr. (Sacey briefed Cho Commission cn the progress of the expansion of the 9rylark Sewn Plar~t and said Chat Cho universal F]igineering Testing Ca~sry had recam~deci CttaC additional tests be conducted.' Tfr, rnacey said Chat 1~. Al )antl had agreed itat additional tests wutd be required i£ ehe plant ware expanded Eras 100,000 eo 600,000 gallons per day. Mohan by DzpMayor Miecbell, seconded by Camdssioner Inrmnm, T}at additional costs be autnorized ny The universal f5:gineering Testing Canpmry. Nation carried by a unanvmus roll call wte. 15. City Attorney's Report: Mr. Tom tmng briefed ehe Gvmission on the legality of the City graneing exclvs e gazbage franchise. Mr. Lang s cod gnat Cho per the U.S. Suprrare GowC rase, city of Hwldsr, Colorado o£ S.muaryT13~1982se ~s i~g said the Supranre G rt held CFat mmicipal actions could be violations of the anci- xvse laws to gxaneing an exclvsiive franchise :sless The righe was eLearly articnLaeed by the State. Fk. Larng said if i the public in s have a ong arg:mwnt for graneing an exclusive franchise but he ra tined ~tiaC the City could be sued by an vWnappy gazbage carpany that did wt gee thet£rachise. Mayor Ltarne said the Cmmiss should take the na nnder c sideraciun and he suggested rlae the Camdss row Che ma r L therL Cwvdssi r Myer said ehe Cmvdssion had eived input fxw The public stating they werein fawn of the franchise and Camd.ssioner 9rerilson said ehe public was in Eawr if a franchise were legal. Comdesioner tnmwui said she nad calked eo several people cAno were under The im pressinn TFae the Ciey was going w operaee the franchise. N. tang suggesced chat t>e eatk wteh the Giey Administrator and develop justifications for the franchise so ehaT fie would be in the public in Commissioner Myers sTaced ehae alihangh ehe r srles we cod as 2 eo leinsfavor of a franchise, enere was a large mvnber of persorvs whord£d roc nvote.. Camdssioner 9rosilson asked if i.i. were possible to determune CM results of Che vote by sections of The City and Mr. Cnacey said fie was. The Gmmission requesced Mr. Chacey co analyze Che resoles of the sTSVey and advise ehe Cmmissroners. ' b. Ch. Tan sang asked Cne Commission Co defer a decision on developrent ce fees fox sraage service Weil he nad an opporttmity m speak Esther wieh cn~[~~ron,ey from elnrida, Reaidential ca,n.sitiea and ene ca:miasim, agreed. 16. Mayor and Crnmissioner's Reports: tbtion by DepMayor Mitchell, s ended by Camdssioner Myers tna[ Giry pay approved bills. Mr. Chacey said Chore was sufficienC funds to pay bills. Moeicm carried by a vice voce. b. Mayor Grmt requested ehe Cixy Clerk to read a procla~aeinn proclaiming the week of April 8 - 14 as 1984 National Building Safexy week. Mayor Grset s ated chat he wishe6 co nmunace Mr. Wiiliwn Ttayo to the Charger Reviea Crnmixtee. d. Canaissimer 8rerilam stated that T4s. -occie Ferguson, Fresidene of ehe ColunVus Harbor Ikxreowners Associaeion, hzd wrixem ehe editor of the Little Sentinel cellenC lee r praising the work of ehe Commission and the City AAmnis[r which was published in the edieorial se of [he newspaper. Carznissinner 9rerilson said it was gratifying [o receive such support. oerynayor Tlitchell suggested [hax s e [he Camdssion had raroved expenditure of fiends £or Rangeline Imad, ttat the gas taxcfwds be used to widen Church Street to 26 feet and co build a sidewalk. Nk. Ckcey said the Gm~dssim had not reroved all ehe mmey and said the City still plsmed to widen the exi ting two lar~es of Rangeline Road, build sidewallcs and erect street lights which weld cake ~rosc of the finds alloeed. Mayor Grant said he wished Churrt~ Street to be considered because it was in need of repair and chryasked the Ciry Clerk to place the subj ere on ehe agenda for Mareh 19, 1984. f. C~mnissimer Ioxmum said thae sidewalks w needed en Wese Warren Avenue from the fire eo Wien Nixi and she said that WesteWaxrm Avenue should be repaved when the consxruction of the twspicals was cmWleeed. N¢. (5~acey said funds were nog allocated in the budge[ to pave West Warren Avenue. DepMayor Mitchell asked if the problmvs on West Warren Avenue were not caused by the couscrvction wxk for the hospital and Mr. tdracey said part of ehe problESa was caused by the hospital. Tne Camdssim adjourned at 8:48 p.m Xf /~ Lsl rty o or ATtFSP: C' C erk