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Minutes - Jan-02-2001CITY OF BOULDER CITY COUNCIL PROCEEDINGS JANUARY 2, 2001 CALL TO ORDER AND ROLL CALL - 6:00 p.m. Mayor Toor called the regular January 2, 2001 meeting of the Boulder City Council to order at 6:00 p.m. in the Council Chambers. Those present were: Mayor Toor and Councilmembers Carson, Havlick, Mock, Morzel, Poinsatte and Riggle. Councilmembers Eldridge and Lopez were absent. 2. CITIZEN PARTICIPATION - 6:02 p.m. 1) Bob McFarland, 2300 Kalmia Ave. - Re: Immigration issues. In favor of limiting U.S. immigration and wanted Council to adopt a resolution. (Attachment) 2) Kate Nuissl, 1499 Westview - Re: On behalf of the Body Shop. In favor of having Council wriYe to PresidenY Clinton asking for clemency far Leonard Peltier 3) Royce White, Calf, 663 Aspen Meadow - Re: Also in favar of asking for clemency for Leonard Peltier. 4) John Felling, B.F.D. Station 4- Re: Member of Boulder Fire Department. Would like to pass an ordinance that would allow fire personnel to take down license plates and pass along to the police departtnent to issue a ticket. 5) Rob Smoke, 2445 19`h St.- Re: Spoke about his editiorial piece in the newspaper. Wants Crossroads to be used for civic use. 6) Ricky Weiser, 4020 N.75th - Re: a) Concerned about the proposed buses up and dowu 28'h St. with regards to the removal of trees. b) Valmont Park Site- In favor of making Valmont a four-lane road near the proposed site. 7) Jeep Campbell, 4395 Grinnel- Re: concemed about why the Recreation Centers charge homeless people the regular admission fee. Would like Council to use the North Rec. Center as an example. 8) Lynn Segal, 538 Dewey - Re: In favor of asking for clemency for Leonard Peltier. Still in favor of buying 777 Broadway for the homeless shelter. 9) Robert Sharp, 5995 Marshall- Re: In fauor of asking for clemency for Leonard Peltier. In favor of zoning changes that would allow stored housing to be put on the drive-in theater site. January 2, 2001 Page 1 COUNCIL/STAFF RESPONSE City Manager Ron Secrist stated that the Ottilinance regarding stored houses will be forwarded to Council. Joe de Raismes responded to Rob Smoke's op-ed piece in the newspaper. Whon the City approved the urban renewal process for Crossroads, it did not gain any property interest. Leonard Peltier. CONSENT AGENDA: 6:49 p.m. A. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM DECEMBER 19, 2000. B. INTRODUCTION, FIRST READING AND CONSIDERATION OF RESOLUTION 874 PRESERVING THE MAPLETON MOBILE HOME PARK AND ENCOURAGING EVENTUAL RESIDENT OWNERSHIP OF THE MAPLETON MOBILE HOME PARK. C. SECOND READING AND CONSIDERATION OF ORDINANCE N0.7110 APPROVING SUPPLEMENTAL APPROPRIATIONS TO THE 2001 BUDGET. D. MOTION TO ADJOURN AS THE BOULDER CITY COUNCIL AND CONVENE AS THE CAGID BOARD OF DIRECTORS; AND CONSIDERATION OF A MOTION APPROVING A RESOLUTION 184 AMENDING THE 2001 CAGID BUDGET. MOTION TO ADJOURN FROM THE CAGID BOARD OF DIRECTORS AND RECONVENE AS THE BOULDER CITY COUNCIL. E. CONSIDERATION OF AN APPROVAL OF A NEW LEASE WITH BOULDER DAY NURSERY TO CONTINUE ITS USE OPERATION OF A DAY CARE FACILITY AT 1518 SPRUCE STREET, WITHIN BARKER PARK. Councilmember Corson moved, seconded by Poinsatte, to approve Consent Agenda items 3-A through 3_E• January 2, 2001 Page 2 4. MATTERS FROM THE CITY MANAGER: 6:50 p.nr. A. LITERACY PROGRAM PRESENTATION. 6:52 p.m. Janet Driskell Turner presented to Council, a book that she wrote after learning how to read at the age of sixty-nine. 5. MATTERS FROM THE CITY ATTORNEY: None- 7:00 p.m. 6. MATTERS FROM MAYOR AND MEMBERS OF COUNCIL: None- 7:01 p.m. PUBLIC COMMENT: 7:02 p.m. 1) Lee Hill, Re: Leonard Peltier- In favor of clemency 2) Ben Jensen, 2635 Mapleton - Re: In favor of Item 3-B 3) Debbie Kranzler, 2635 Mapleton - Re: Tn favor of Item 3-B 4) Robert Sharpe , 5995 Marshall Drive - Re: In favor of Item 3-B and clemency for Peltier. 5) Lynn Segal, 538 Dewey - Re: In fauor of clemency for Peltier. 8. FINAL DECISIONS: 7:20 p.m. Vote was taken on the motion to approve Consent Aeenda Items 3-A throueh 3-J. The motion carried: 7-0. Eldridge and Lopez were absent. Vote was taken on the mofion to schedule a Spacial City Council maetine on January 9°i, 2001. to consider an emergency resolution asking for clemency for Leonard Peltier.. The motion failed 3-4. Eldridge and Lopez were absent. PUBLIC HEARINGS : 7:27 p.m. ORDER OF BUSINESS 9. PUBLIC HEARING AND CONSIDERATION OF PROPOSED CHANGES TO THE PLAN AMENDMENTS SECTION OF THE BOULDER VALLEY COMPREHENSIVE PLAN (BVCP) AND REPEAL OF THE ADMINISTRATIVE GUIDELINES FOR REVISIONS TO THE BOULDER VALLEY COMPREHENSIVE PLAN. Councilmember Mock moved. seconded by Corson . to apgrove amendments to the Boulder Va11e~Comprehensive Plan and repeal the administrative guidelines for revisions the BVCP. The motion carried: 7-0. Eldridge and Lopez were absent. January 2, 2001 Page 3 10. SECOND READING AND CONSIDERATION OF ORDINANCE NO, 7109 AMENDING CHAPTER 2-3, B.R.C. 1981, ABOLISHING THE BOARD OF BUILDING APPEALS AND TRANSFERRING ITS FUNCTIONS TO THE BOARD OF ZONING ADJUSTMENT AND BUILDING APPEALS. 7:30 p.m. Public Hearing: Garland Campbell was opposed to this ordinance. Councilmember Mock moved. seconded by Corson , to adopt and order published by title only Ordinance No. 7104 Amending chagter 2-3, B.R.C. 1981. abolishing_the Board of Building Appeals and transferring its functions to the Board of Zoning Adjustment and Building Appeals. The motion carried: 7-0. Eldridge and Lopez were absent. 11. SECOND READING AND CONSIDERATION OF ORDINANCE NO. 7111, AMENDING TITLE 9-6.5, INCLUSIONARY ZONING. 7:45 p.m. Councilmember Havlick moved, seconded by Morzel, to adopt Ordinance No. 7111 amending Title 9-6.5. Inclusionary Zonine. The motion carried : 7-0, Eldridge and Lopez were absent. 12. SECOND READING AND CONSIDERATION OF ORDINANCE NO. 7114 DESIGNATING THE STRUCTURE AND ITS SITE LOCATED AT 1123 SPRUCE, LOT 9, BLOCK 119, ORIGINAL TOWNSITE, ALSO KNOWN AS THE SOULE- COATES HOUSE, CITX OF BOULDER HISTORIC PRESERVATION CODE, CHAPTER 1-3 B.R.C. 1981. 7:55 p.m. Councilmember Mock moved. seconded by Morzel. to adopt Ordinance No. 7114 desi nating tho structure and its site located at 1123 Spruce. Lot 9, Block 119, Original Townsito. City of Boulder Historic Preservation Code, Chapter 1-3 B.R.C. 1981. The motion carried 7-0. Eldridge and Lopez were absent 13. SECOND READING AND CONSIDERATION OF ORDINANCE N0.7113 DESIGNATING THE STRUCTURE AND ITS SITE LOCATED AT 1740 SUNSET BLVD., NORTH 145 FEET, LOT 25, BLOCK 1, SUNSET HILL, CITY OF BOULDER, ALSO KNOWN AS THE REINERT-OLSON HOUSE, AS AN INDIVIDUAL LANDMARK UNDER THE CITY OF BOULDER HISTORIC PRESERVATION CODE. THE HEARING ON THIS ITEM WILL BE HELD UNDER THE QUASI-JUDICIAL HEARING PROCEDURES OF CHAPTER 1 - 3 B.R.C., 1981. 8:00 p.m. Public hearing: January 2, 2001 Page 4 1. Richard Olson, 125 Kohl St. Broomfield - Re: In favor of this Ordinance. Grew up in the house. 2. Phyllis Olson, 1740 Sunset Blvd. - Re: In favor of this Ordinance. Owns the house. 3. Lynn Segal, 538 Dewey - Re: In favor of this motion. Councilmember Morzel moved, seconded by Poinsatte, to adopt Ordinance No. 7113 desi ng acing the structure and its site located at 1740 Sunset Blvd., north 145 feet, Lot 25. Block 1, Sunset Hill, City of Boulder, also known as the Reinert-Olson house, as an individual landmark under 14. SECOND READING AND CONSIDERATION OF ORDINANCE N0.7112 AMENDING SECTION 7-6-16, B.R.C. 1981, CONCERNING PARKING BY PERSONS WITH DISABILITIES. 8:11 p.m. Public hearing: 1. Ricky Weiser, 4020 N. 75`x' St.-Re: In favor of paying for close parking. In favor of keeping the status quo. 2. Gail Mertz, 905 Hartford- Re: In support of Ordinance but feels it is very limited. Councilmember Mock moved, seconded by Corson, to adopt and order published by title only Ordinance No.7112 amending section 7-6-16, B.R.C., 1981, concercring~arking by Rersons with disabilities. Councilmember Toor moved, seconded by Morzeh to adopt a substitute motion with the requirement that the staff report in one year. Councilmember Mock withdrew the original motion. Mayor Toor withdrew the substitute motion. Councilmember Havlick moved , seconded b~Corson, to defer this item to a future meetine, requesting more information and input from the Human Relations Commission, Center for People with Disabilities and the Senior Community Advisory Committee. The motion carried: 7-0. Eldridge and Lopez were absent. FIRST READINGS: 17. INTRODUCTION, FIRST READING AND CONSIDERATION OF A MOTION TO ORDER PUBLISHED BY TITLE ONLY AN ORDINANCE AMENDING CHAPTER 5-8, "WEAPONS," B.R.C. 1981. 9:02 p.m. January 2, 2001 Page 5 Councilmember Havlick moved, seconded by Mock, to adopt and order published by title only Ordinance No. 7115 amending ChaEter 5-8, "WeaRons," B.R.C. 1981. The motion carried 5-0. Riggla. Poinsatte, Eldridee and Lopez were absent. 18, INTRODUCTION, FIRST READING AND CONSIDERATION OF A MOTION TO ORDER PUBLISIED BY TITLE ONLY AN ORDINANCE AMENDING THE MXR-D (MIXED DENSITY RESIDENTIAL - DEVELOPING) AND MU-D (MIXED-USE DEVELOPING) ZONING DISTRICTS: 9:17 p.m. A TO ALLOW A DENSITY BONUS FOR AFFORDABLE HOUSING IN THE MXR-D ZONING DISTRICT AS FOLLOWS: TO MAINTAIN THE MAXIMUM DENSITY IN THE MXR-D ZONING DISTRICT AT 10 UNITS PER ACRE, BUT ALLOW AN INCREASE TO THE MAXIMUM DENSITY WHEN MORE AFFORDABLE HOUSING IS PROVIDED AS FOLLOWS: UP TO 15 UNITS PER ACRE WHEN AT LEAST 30% OF THE DWELLING UNITS ARE PERMANENTLY AFFORDABLE, AND UP TO 18 UNITS PER ACRE IF AT LEAST 35% OF THE UNITS ARE PERMANENTLY AFFORDABLE; AND B. ALLOW RESTAURANTS NO LARGER THAN 1,000 SQUARE FEET THROUGH USE REVIEW IN THE MU-D ZONING DISTRICT. Councilmember Mock moved, seconded by Corson, to adopt and order published by title only Ordinance Nos 7116 and 7118 amending the MXR-D (Mixed Densit~Residential - Davelopinel and MU-D (Mixed-Use Developin@l zoning districts: The motion carried 7-0. Eldridee and Lonez were absent. 17. INTRODUCTION, FIRST READING AND CONSIDERATION OF A MOTION TO ORDER PUBLISHED BY TITLE ONLY AN ORDINANCE AMENDING TITLE 9, "LAND USE REGULATIONS," INCLUDING SECTION 9-1-3, "DEFINITIONS," 9-3.1-1, "SCHEDULE OF PERMITTED USES OF LAND,"SECTION 9-3.2-19, "FLOOR AREA RATIOS FOR THE MU-D, RMS-X AND TB-E ZONING DISTRICTS," SECTION 9-3.3-6, "FENCES, HEDGES AND WALLS," SECTION 9-3.3-7, "PARKING," SECTION 9-3.4-3, "CONDITIONAL USE STANDARDS, CRITERIA AND REVIEW," SECTION 9-3.4-12, "ACCESSORY DWELLING UNIT," SECTION 9-3.4-13, "OWNER'S ACCESSORY UNIT," SECTION 9-4-2, "DEVELOPMENT REVIEW APPLICATION," SECTION 9-4-9, "USE REVIEW," SECTION 9-8-4, "SOLAR ACCESS AREAS ESTABLISHED," SECTION 9-10-6, "DECLARATION OF USE," SECTION 9-10-8, "MULTIPLE DWELLING UNITS; SPECIFIC DEFENSE," B.R.C. 1981, AND SETTING FORTH DETAILS IN RELATION THERETO. 9:22 u.m. January 2, 2001 Page 6 Councilmember Mock moved, seconded by Corson , to adopt and order~ublished b~ title only Ordinance No. 7117 amending Title 9, "Land Use Regulations;' including section 9-1-3, "Definitions." 9-3.1-1. "Schedule of Permitted Uses of Land,"section 9-3.2-19, "Floor Area Ratios for the MU-D, RMS-X and TB-E zoning_districts." section 9-3.3-6, "Fences, Hedges and Walls," section 9-3.3-7, "Parking "Section 9-3.4-3, "Conditional Use Standards, Criteria and Review," section 9-3.4-12, "Accessory Dwelling Unit "section 9-3.4-13, "Owner's Accessory Unit." section 9-4-2, "Development Review Application." section 9-4-9, "Use Review," section 9-8-4, "Solar Access Areas Established," Section 9-10-6, "Declaration of Use." section 9-10-8, "Multiple Dwelling Units; Specific Defense," B.R.C. 1981, and Setting Forth Details in Relation Thereto. The motion carried 7-0. Eldridge and Lopez were absent. ADJOURNMENT There being no further business to come before Council at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 9:27 p.m. AT ~sT: .~ ~ Alisa Lewis Ciry Clerk APPROVED BY COUNCIL: -~'~r~ r~-~' Will Toor Mayor January 2, 2001 Page 7