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Home My WebLink About03/11/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge March 11. 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 arrived at 7 24 P m Also present: City Clerk, Wanda Sang Interim City Manager, Randy Young, City Attorney Gerald Dahl Director of Economic Development, Marilyn Force, staff. and interested citizens APPROVAL OF MINUTES OF February 25, 2002 Motion by Mr DiTullio for approval of the Minutes of February 25 2002 with the following corrections Mr White was not present at the meeting, Mr Patera's comments should read by the end of March, and Mr Scheurer's comments on Page 3 should say were not supportive, seconded by Mr Mancinelli, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office to newly appointed Board and Commission members CITIZENS' RIGHT TO SPEAK Elaine Gendron invited Council to join in the various festivities at the Jefferson United Methodist Church at 44th & Kipling, they will celebrate their 100th anniversary next year Don Angell, Chief at the Fairmount Fire Protection District, invited Council to come and take a look at their station and equipment; they provide services for part of Wheat Ridge Richard Freyburger complained about the $200 fine he had to pay for driving 31 mph in a 20 mph school zone CITY COUNCIL MINUTES MARCH 11, 2002 Page - 2 - ORDINANCES ON FIRST READING Item 1. Council Bill 09-2002 - An Ordinance amending Section 26-628 of the Wheat Ridge Code of Laws (Case No ZOA-01-06) Council Bill 09-2002 was introduced on first reading by Mr Hanley, who read the title, summary and background Motion by Mr Hanley to approve Council Bill 09-2002 Case No ZOA-01-06, on first reading, order it published, public hearing set for second reading on March 25 2002 at 7 00 P m in the City Council Chambers, and if adopted on second reading take effect 15 days after final publication seconded by Mr DiTullio Motion by Mr Gokey for an amendment on Page 1, Section 1 D strike the sentence "Special use permits granted on property not meeting the 1,500 foot separation requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on the site", seconded by Mr Mancinelli, carried 6-2 with Ms Figlus and Mr Edwards voting no Original Motion as amended carried 6-2 with Mr Edwards and Ms Figlus voting no Ms Figlus feels this opens it up to a lot of new uses and she will discuss this more on second reading Item 2. Council Bill 10-2002 - approving the sale of city-owned property located near the intersection of 38th Avenue and Sheridan Blvd Council Bill 10-2002 was introduced on first reading by Mr Mancinelli, who also read the title, summary and background Motion by Mr Mancinelli to approve Council Bill 1 0-2002 on first reading, order it published, and set for public hearing on second reading at 7 00 P m in City Council Chambers on March 25 2002 and if adopted take effect upon adoption With the following amendment: A fourth condition to the reverter clause contained in the special warranty deed attached to the Council Bill as Exhibit 1 such additional condition to read In the event Kroeger Foods (King Soopers) ceases to maintain its 24 hour per day retail grocery operation, with no less than (to be filled in by City Attorney) square feet devoted to the same, on the property at any time prior to January 1 2022 for any reason, excepting only closures of less than three (3) months duration for reconstruction remodeling or national holidays, seconded by Mr Gokey. carried 8-0 CITY COUNCIL MINUTES MARCH 11, 2002 DECISIONS. RESOLUTIONS. AND MOTIONS Page - 3 - Item 3. Resolution 06-2002 - abolishing the Richards-Hart Estate Advisory Committee Resolution 06-2002 was introduced by Mr DiTullio who also read the title summary and background Motion by Mr DiTullio for approval of Resolution 06-2002, seconded by Mr Gokey; carried 8-0 Mr Edwards made it clear that this was being done with full approval of the current Richards-Hart Estate Advisory Committee, who felt that their role had been fulfilled and could now be taken care of through other means Item 4. Resolution 07-2002 - determining that the proposal to add land to the Wadsworth Blvd Corridor Redevelopment Area constitutes a substantial modification to the Wadsworth Boulevard Corridor Redevelopment Plan Resolution 07-2002 was introduced by Mr Edwards, who also read the title summary and background Motion by Mr Edwards for approval of Resolution 07-2002, seconded by Mr DiTullio Motion by Ms Figlus to postpone this and refer it to the next available Study Session and have a joint meeting with the Urban Renewal Authority; seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus voting yes Original Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Item 5. Motion to approve the transfer of $85,000 from the Capital Project Fund Balance into account number 30-610-800-811 for the preparation of an HVAC system final design Mr Schneider introduced Item and read the summary and background CITY COUNCIL MINUTES MARCH 11, 2002 Page - 4 - Motion by Mr Schneider to approve the transfer of $85,000 from the Capital Project Fund Balance into account number 30-610-800-811 for the preparation of an HVAC system final design, seconded by Mr DiTullio, carried 5-3 with Councilmembers Hanley Gokey and Figlus voting no Item 6. Motion by Mr Mancinelli to appoint Ryan Eggelton to the Arborist Board as a member-at-Iarge to fill the vacant District II seat; with a term expiring 3/2/05, seconded by Mr Hanley; carried 8-0 Item 7. Motion by Ms Figlus to reappoint Mary Jo Cavarra to the Wheat Ridge Housing Authority with a term expiring March 2 2007, seconded by Mr Schneider. carried 8-0 Item 8. CONSENT AGENDA. A. Motion to award RFB-02-004, Hayward Park Site Development, to Colorado Designscapes, Inc for the total amount of $20 188, which includes add alternate #1 and a 10% contingency B Motion to approve the production of informational videos and, further, to approve the transfer of $12 000 from the General Fund Unallocated Reserve into Acct. No 01-113-700-704 C Motion for approval of City expenditures over $5,000 Consent Agenda was introduced and read by Mr Gokey Ms Figlus asked to pull B Motion by Mr Gokey to approve the Consent Agenda, A. and C seconded by Mr Mancinelli, carried 8-0 B Motion by Ms Figlus to deny the request for $12,000 to produce 2 videos, seconded by Mr Hanley Motion by Mr DiTullio for a substitute motion to approve the production of informational videos and, further, to approve the transfer of $12000 from the General Fund Unallocated Reserve into Acct. No 01-113-700-704 seconded by Mr Schneider CITY COUNCIL MINUTES MARCH 11, 2002 Page - 5 - Olivier Piroue is the producer of the code enforcement video and that was produced for $695 in Council Chambers If videos are produced in a professional studio, it will cost $1,500 just for the studio rental Substitute Motion carried 6-2 with Councilmembers Hanley and Figlus voting no Ms Figlus would like to see the first video we are producing on code enforcement before we authorize two other videos Mr Hanley was not against producing the videos, but was concerned about a possible spin being put in the videos Main Motion carried 6-2 with Mr Hanley and Ms Figlus voting no CITY MANAGER'S MATTERS Randy Young reminded Council of the classes for parliamentarian procedures scheduled for March 20, 21,27, from 230 - 5 00 p m in the Lobby Conference room CITY ATTORNEY'S MATTERS Motion by Mr Edwards to hold an Executive Session after Elected Officials Matters under Charter Section 5 7(b)(3) Real Estate appraisals and Section 24-6-402(4) C R S , specifically for consideration of Real Estate and environmental appraisals of property located at West 38th Avenue and Kipling Street; the meeting is then to reconvene to allow Council to give direction to City Attorney and Parks Director; seconded by Mr Schneider. carried 8-0 ELECTED OFFICIALS MATTERS Mr DiTullio has faxed a suggested form to Councilmembers that would be utilized by Boards and Commissions to give their recommendations to City Council Mr Edwards asked for consensus to use the form for a trial period of 3 months and then re-evaluate its usefulness Consensus was 8 in favor Mr Edwards just returned from NLC meeting in Washington DC, he reported on various meetings he attended Motion by Mr Mancinelli that we start the City Affairs Committee again, and that we have the first meeting next Monday (March 18) at 5 30 P m seconded by Mr DiTullio, carried 7-1 with Ms Figlus voting no CITY COUNCIL MINUTES MARCH 11, 2002 Page - 6 - Mr Mancinelli has tentatively scheduled RTD to come to the Study Session on April 15 to give a presentation on their fast-track program for this area. Mr Schneider distributed a suggested change to the Council Rules and stated this would be brought up at the next meeting EXECUTIVE SESSION WAS HELD. Meeting reconvened at 9:27 p mAil Councilmembers attended the executive session, as well as Mayor Cerveny, City Clerk, Wanda Sang, Interim City Manager, Randy Young, City Attorney, Jerry Dahl, and Director of Parks Joyce Manwaring Motion by Mr DiTullio, to pursue Option 3 which is to negotiate for the west part of the property; seconded by Mr Gokey Motion by Ms Figlus to amend the motion to bring back appraisals for both portions, but separate it out so we can see the cost of each portion, seconded by Mr Edwards, tied 4-4 with Councilmembers Hanley DiTullio Figlus, and Edwards voting yes Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion carried 6-2 with Mrs Rotola and Mr Mancinelli voting no Meeting adjourned at 10 00 P m __A.<-0_1(...~--=:J '-"7'-,' Wanda Sang, City Cttrrk APPROVED BY CITY COUNCIL ON MARCH 25 2002 BY A VOTE OF ---.2... TO ~ . ,- i ~ ~ I i..-~.~ .t Ii L Ralph Mancinelli, Council President The preceding Minutes were prepared according to S47 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