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Home My WebLink About01/28/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge January 28. 2002 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus, Lena Rotola Harry Hanley was absent due to illness Also present: City Clerk, Wanda Sang Acting City Manager, Randy Young, City Attorney, Gerald Dahl Director of Parks & Recreation Joyce Manwaring Director of Planning, Alan White, for Director of Public Works, Greg Knudson, staff. and interested citizens APPROVAL OF MINUTES OF January 14, 2002 (regular) and (special) Motion to Mr DiTullio for the approval of the Minutes of January 14, 2002 Regular and Special Meeting, seconded by Mr Gokey; carried 7-0 CITIZENS' RIGHT TO SPEAK Ken Frens property owner in the City of Wheat Ridge explained what happened to him in dealing with the City when his little building burnt down at 4305 Kipling Street and he was told to come in and get a permit to rebuild Initially he was given a hard time but after a meeting with the Mayor and other people he felt more positive He has been told by other people that they are having a hard time dealing with the City PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 01-2002 - An Ordinance amending Section 22-77 of the Wheat Ridge Code of Laws concerning the Enhanced Sales Tax Incentive (ESTIP) Program Council Bill 01-2002 was introduced on second reading by Mr Edwards who read the title, summary and background Clerk assigned Ordinance No 1240 Mr Edwards explained that for business, especially retail operations we will agree over a certain threshold of sales tax to share that sales tax with that business provided that they reinvest that money in capital improvements on the exterior of the property CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 2 - This makes the property more aesthetically pleasing and more valuable to the community In many situations this program, if we did not have it, would kill redevelopment deals in the City This Ordinance is removing the 50% limit. Motion by Mr Edwards for the adoption of Council Bill 01-2002 (Ordinance 1240) and that it be effective immediately upon adoption, seconded by Mr DiTullio carried 7-0 Item 2. Council Bill 30-2001 - An Ordinance amending Section 26-303 Planned Residential Development Regulations, of the Code of Laws of the City of Wheat Ridge, Colorado (Case No ZOA-01-04) Council Bill 30-2001 was introduced on second reading by Mr DiTullio, who also read the title and summary; Clerk assigned Ordinance No 1241 Alan White read his memo, dated January 24, 2002 into the record which outlined the reasons against the previously proposed amendment that required the property to be redeveloped if the PRD zoning were granted Motion by Mr DiTullio for the adoption of Council Bill 30-2001 (Ordinance 1241) and that it take effect immediately upon adoption, seconded by Mr Edwards, carried 7-0 Item 3. Public Hearing for CDBG projects Mr Mancinelli introduced Item 3 and read the title summary and background Ann Pitinga, Grant Administrator, stated that it was advertised in the Transcript, that if any non-profit or anyone wanted to come and ask for use of CDGB funds to notify her and she received no requests He memo in the packet is reflective as to what the requests are She then read the allocations into the record Motion by Mr Mancinelli to recommend that the County allocate CDBG funds as stated in the attached memo, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 3 - ORDINANCES ON FIRST READING Item 4. Council Bill 05-2002 - An Ordinance providing for the approval of rezoning from Planned Commercial Development and Agricultural-One to Planned Commercial Development and for approval of an Outline Development Plan for property located at 4601 Tabor Street, 4651 Tabor Street and vacant property located north of 4651 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-12) (Skitzo Offshore, dba "Trailer Source") Council Bill 05-2002 was introduced on first reading by Mrs Rotola, who also read the title Motion by Mrs Rotola that Council Bill 05-2002 be approved on first reading, ordered published, public hearing be set for Monday February 25, 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by Mr DiTullio, carried 7-0 Item 5. Council Bill 06-2002 - An Ordinance amending Section 2-57(a) of the Code of Laws to provide for City Council appointment of the chair of the Parks and Recreation Commission Council Bill 06-2002 was introduced on first reading by Mr Schneider, who also read the title, summary and background Motion by Mr Schneider that Council Bill 06-2002 be approved on first reading ordered published, public hearing be set for Monday, February 25 2002 at 7 00 P m in City Council Chambers Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by Mr Gokey; carried 6-1 with Ms Figlus voting no Item 6. Council Bill 07-2002 - An Ordinance amending Section 2-60 of the Code of Laws to provide for City Council appointment of the chair of the Planning Commission Council Bill 07-2002 was introduced on first reading by Mr Schneider, who also read the title, summary and background CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 4 - Motion by Mr Schneider that Council Bill 07-2002 be approved on first reading ordered published, public hearing be set for Monday February 25, 2002 at 7 00 P m in City Council Chambers Municipal Building, and if approved on second reading take effect 15 days after final publication seconded by Mr DiTullio carried 6-1 with Ms Figlus voting no Item 7. Council Bill 08-2002 - An Ordinance amending Section 2-53(a) (b) (c) and (d) and 2-54(b) of the Code of Laws concerning appointment of Board and Commission chairpersons Council Bill 08-2002 was introduced on first reading by Mr Schneider, who also read the title, summary and background Motion by Mr Schneider that Council Bill 08-2002 be approved on first reading, ordered published, public hearing be set for Monday, February 25, 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication seconded by Mr Gokey, carried 6-1 with Ms Figlus voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 8. Acquisition of a strip of property to construct improvements associated with the 38th Avenue Streetscape Project between Harlan Street and Sheridan Blvd Mr Edwards introduced Item 8 and read the title summary and background Motion by Mr Edwards for the approval of the purchase of a portion of 5823 West 38th Avenue as described in the attached Warranty Deed for the purpose of acquiring right- of-way to allow for the construction of Streetscape Improvements associated with the 38th Avenue Streetscape Project from Harlan Street to Sheridan Blvd I further move that the fair market value of $7 175 be paid to the owner from Acct. No 30-303-800-855, seconded by Mr Schneider. carried 7-0 CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 5 - Item 9. Resolution 03-2002 - authorizing submittal of the application for the 2002 Joint Venture/Grant Project to Jefferson County Open Space - Davis Property Project. Resolution 03-2002 was introduced by Mr DiTullio who also read the title, summary and background Mr DiTullio and Mr Edwards thanked the Parks Department and particularly Joyce Manwaring for getting this project under way and for obtaining the grant to pay for it. Motion by Mr DiTullio for the adoption of Resolution 03-2002, seconded by Mr Edwards, carried 7-0 Item 10. Motion by Mr DiTullio that the site plan for the Davis Property be approved as submitted, seconded by Mr Edwards, carried 7-0 Mr Edwards thanked Mr DiTullio for years of work of getting this project off the ground Joyce Manwaring introduced Jon Seier, consultant who prepared the site plan He pointed out some of the features of the work, such as the loop trail system, which is 1 5 miles long, viewing/resting areas around the trail, restroom shelter kiosk and playground, most of the area will be left in native grasses as well as shrubs and trees Item 11. Reclassification Request for the Human Resources Sr Secretary position to Human Resources Representative Mr Mancinelli introduced Item 11, read the title summary and background Motion by Mr Mancinelli that the position of Sr Secretary in the Human Resources Division be reclassified to a Human Resources Representative as proposed and further recommend movement of the position to Pay Grade 20 in the 2002 Compensation Schedule, seconded by Mrs Rotola, carried 7-0 Item 12. CONSENT AGENDA A. Approval of City Expenditures B Approval of request to purchase 2 vehicles from Korf Chevrolet, Windsor Colorado in the total amount of $45 524 and approve a contingency of $8476 Also approve request to purchase 1 vehicle from King Oldsmobile Loveland, Colorado, in the total amount of $25,631 and approve a contingency amount of $6 369 CITY COUNCIL AGENDA. JANUARY 28, 2002 Page - 6 - C Motion to award RFP-01-045 Towing and Impound Services to Liberty Towing Inc , Lakewood, CO and Mirage Recovery Services, Commerce City, CO in accordance to the bid documents D Motion that the City of Wheat Ridge co-sponsor the annual Taste of the Arts E Motion that a 24-foot wide by 6-inch deep asphalt surface be placed on West 42nd Avenue from Youngfield Street to Xenon Street. F Motion to hold the February Study Session on Tuesday, February 19, 2002 Consent Agenda was introduced and read by Mr Schneider Ms Figlus asked to pull D Mr Gokey asked to pull E Motion by Mr Schneider for the approval of A. B C F , seconded by Mr DiTullio, carried 7-0 Ms Figlus wanted to explain Item D to the public, her comments included that this serves as a fund raiser to a wide number of different arts groups This also showcases the cultural diversity of our community This will be the third year for this event. Motion to allow Ms Figlus to speak longer than 5 minutes carried 7-0 Roseanne Gehauf, Assistant Treasurer for the Arts Council of Wheat Ridge and the Colorado Folk Arts Council, stated that the various arts groups like the Recreation Center for their festivals They would like the Recreation Center for the date of April 13 Motion by Ms Figlus that the City of Wheat Ridge co-sponsor the annual Taste of the Arts, seconded by Mr DiTullio, failed 1-6 with Ms Figlus voting yes Mr Schneider stated that he is in support of the arts groups, but there is nothing provided here as to what cost the City would incur being a co-sponsor or what the City's liability is Since there is no mention of a financial impact, he would like to be assured that the City's exposure here is simply our name being listed and oral support only If there is anything other than this Council needs to be provided with a definition or scope of the word co-sponsor CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 7 - Mr DiTullio asked that Joyce Manwaring explained her memo regarding waiving of fees Joyce Manwaring stated that the memo basically says what the rental fees would be for a Saturday and it gives information about the average revenue that the Recreation Center receives on a Saturday during this time of year If the Taste of the Arts would rent the building, it would total $2,610 The average revenue for a Saturday booking is $1,400 Mr Edwards questioned Joyce Manwaring as to the policy of waiving fees She replied that the policy is not to waive fees, that it had not been waived for the Wheat Ridge High School after Prom Party although they had approached Council to waive the fees and Council voted not to waive the fees E. Motion by Mr Gokey that a 24-foot wide by 6-inch deep asphalt surface be placed on West 42nd Avenue from Youngfield Street to Xenon Street; seconded by Mr Mancinelli, carried 5-2 with Ms Figlus and Mr Edwards voting no Ms Figlus pointed out that the one resident on this street specifically requested that this not be paved and was told that the widening did not automatically mean it would be paved Now 6 months later, it will be paved CITY ATTORNEY'S MATTERS Mr Dahl gave update on City Manager search process 44 Resumes have come in so far ELECTED OFFICIALS MATTERS Motion by Mr Schneider to direct the City Manager to begin an interior space planning design for the first level administration area and once the design is completed, to bring it back to the next available City Council meeting for approval, seconded by Mr Gokey; carried 7-0 Motion by Mr Schneider to direct the City Manager to have CHi complete the HVAC System design and go out for an RFP for construction and then bring the information back for Council approval prior to commencing any work, seconded by Mr Edwards carried 7-0 CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 8 - Motion by Mr Schneider to direct the Manager to have Mr Goebel take a look at the rock area on the north side of the street to the west and east of 38th and Union and the curb and gutter at the same location that does not drain this would be both for safety and aesthetics, and come back with a solution and costs for that; seconded by Mr Edwards, carried 7-0 Mr DiTullio asked Mr Dahl to fax the Open Meetings Law and the 72 hour posting for meetings to Councilmembers He asked that the City Clerk's Office supply Mr Young with the Code Enforcement change and pro-active Code Enforcement rules He thanked Mr Goebel for filling in as City Manager in the afternoons for the last 2 months Mr Edwards recognized Mr Young as interim City Manager. he has been working with him for the past several weeks and is very impressed and has had positive comments from other people as well He stated that the streetscape project from Sheridan to Fenton along 38th Avenue is complete and invited people to drive by and see it. He referred to the last Council Meeting when several of the Councilmembers kidded City Clerk, Wanda Sang, and thanked her for displaying her wonderful sense of humor and her grace as a person They presented Wanda Sang with a beautiful bouquet of flowers Mr Mancinelli asked that Mr Young continue the class for Roberts Rules for new Councilmembers and/or refresher classes for other members Motion by Mr DiTullio to hold an Executive Session for a conference with legal counsel for the City for legal consultation under Charter Section 5 7(b)(1) and Section 24-6-402 (4) C R S , specifically legal advice on specific legal questions concerning the Exempla Sales and Use Tax matter I further move that Council reconvene in Open Session after Executive Session to take any necessary actions seconded by Mr Mancinelli, carried 7-0 EXECUTIVE SESSION WAS HELD. Meeting reconvened at 9 15 P m Mayor stated that participants in the Executive Session were Treasurer, Ron Patera, Dave Williams, Special Counsel, Jim Windholz, Special Counsel Wanda Sang, City Clerk, Randy Young, Acting City Manager. Councilmembers Vance Edwards, Odarka Figlus, Lena Rotola Ralph Mancinelli Jerry DiTullio, Dean Gokey and David Schneider CITY COUNCIL AGENDA JANUARY 28, 2002 Page - 9 - Motion by Mr DiTullio to authorize the Mayor to sign the proposed interim agreement with Exempla, seconded by Mr Edwards, carried 7-0 Motion by Mr DiTullio to direct Special Counsel to negotiate a permanent agreement with Exempla which would include the settlement of the litigation and to present a proposed agreement to City Council for its consideration, seconded by Mr Edwards carried 7-0 Meeting adjourned at 9 20 P m ! )J. I ,-.- Vbv!&L,f1../-4" II Al Wanda Sang, City CI~ APPROVED BY CITY COUNCIL ON FEBRUARY 11 2002 BY A VOTE OF ---..8... TO -D... "' '-0~rl (l r; o~, ,<-- ~~1 Ralph Mancinelli, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions