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Home My WebLink About01/26/2004 -- ~m~@ CITY OF WHEAT RIDGE, COLORADO January 26. 2004 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson City Manager, Randy Young, City Attorney Gerald Dahl, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF January 12, 2004 Motion by Mr DiTullio for the approval of the Minutes of January 12, 2004, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Proclamation Metro Mayors and Commissioners Youth Awards in Honor of" Gabe Baca, Jon Bertheaud, Juana Palomares, and Savanna Salmen Proclamation Girl Scout Troop 1005 Community Service Project in recognition of Tristina DeWitt, Nicole Eulberg, Justine Knight, Kateline Schartz, Christine Watson, and Erin Webb CITIZENS' RIGHT TO SPEAK Charles Durbin, stated that on October 28th, 2003, the Wheat Ridge City Council passed a motion for the approval of a Special Use Permit to allow a drive through for the proposed Walgreens at 38th Avenue and Sheridan Blvd by a vote of 5 to 3 However, in doing so, they violated the Wheat Ridge Municipal Code Sec 26-114 c. (1) and (2) Under Section C , entitled "Application and review procedures", Item (1) states "Special Use Applications shall be originated only by the prospective owner of the proposed Special Use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed Special Use" The owners of the property did not give their written approval Item 2 states "Application shall be submitted on forms provided by the Community Development Department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee" Again there is no property deed since it does not exist yet. A Special Use cannot be approved before the legal requirements for the application exist. The motion for this Special Use Permit needs to be rescinded so that you are not in violation of the Wheat Ridge Municipal Code If this matter is not resolved here, it will be settled in court. The motion approving the consolidation plat for the same properties has the same problem and should also be revoked - CITY COUNCIL MINUTES January 26, 2004 Page -2- APPROVAL OF AGENDA Motion by Mr DiTullio to amend the Agenda to continue Item 2 PUBLIC HEARING ON RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN until such time a recommendation comes forth from the Wheat Ride Planning Commission to Wheat Ridge City Council seconded by Mrs Rotola, carried 8 to 0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mrs Sang carried 8 to 0 Item 1 Consent Agenda. A. Award RFB-04-002 Paramount Fitness Equipment in the amount of $44,344 to be charged to Acct. No 64-605-800-809 B Award RFB-03-049 Creekside Park Ball field Lights to C & R Electric in the amount of $184,233 Funds to be encumbered and charged to Acct. No 54-601-800-862 Also approve auxiliary amount of $18,400 for project. Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz to approve the Consent Agenda, seconded by Mr DiTullio, carried 8 to 0 Mr Gokey stated that it is imperative that the parking lot be lit just due to the nuisance factor that takes place down there because it's so dark. Things happen down there that shouldn't be happening and if you have lights it is one of the biggest deterrents to crime that you can have DECISIONS, RESOLUTIONS, AND MOTIONS Item 3 RESOLUTION 03-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT GRANT FOR A PUBLIC ART PROJECT Resolution 03-2004 was introduced by Mr Gokey Pamela Anderson read the executive summary Motion by Mr Gokey to adopt Resolution 03-2004 amending the fiscal year 2004 Budget to reflect acceptance of the Scientific and Cultural Facilities District grant for a public art project in the amount of $7,800 to Acct. No 01-601-700-750 seconded by Mr DiTullio, carried 8 to 0 CITY COUNCIL MINUTES January 26, 2004 Page -3- Item 4 RESOLUTION 02-2004 - RENEWAL OF SCIENTIFIC AND CULTURAL FACILITIES DISTRICT RESOLUTION OF SUPPORT Resolution 02-2004 was introduced by Mrs Adams Pamela Anderson read the executive summary Motion by Mrs Adams to adopt Resolution 02-2004 to support the reauthorization of the Scientific and Cultural Facilities District and to urge legislative and voter support for renewal of the District and the continued benefits the SCFD provides, seconded by Mr DiTullio, carried 8 to 0 Geoff Wodell, Chairman of the Wheat Ridge Cultural Commission wished to thank City Manager, Randy Young, and Parks Director, Joyce Manwaring, and all of her staff, for all their help It is nice to have a quick success The easiest way to raise quality of life is to raise the cultural community's existence Award RFQ-03-043 46th Avenue-I-70, Estes-Carr Major Street Improvement Project. Motion by Mrs Rotola to award RFB-03-043, the design portion 46th Avenue-I-70 Estes-Carr Major Street Improvement Project, #S-02-04 to Sears Brown in the amount of $218,243 00 I further move that an auxiliary amount of $20 000 be established to accommodate any additional design service beyond the specified portion I further move that all costs associated with this contract be paid from Acct. No 30-303-800-846 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 8 to 0 Item 5. Mr Gokey thanked Mrs Rotola for her hard work to promote this project in her district. This has been sorely needed for 10 years Item 6. Appointments to 38th Avenue Business District Board of Directors Motion by Mrs Sang to appoint the following persons as City Director members of the 38th Avenue Business District Board of Directors with terms to expire on February 1 2005 Lena Rotola Jerry DiTullio Vance Edwards seconded by Mrs Rotola, carried 8 to 0 Mr DiTullio pointed out that these will be 1-year terms CITY COUNCIL MINUTES January 26, 2004 Page -4- ELECTED OFFICIALS' MATTERS Mrs Rotola thanked staff for preparing the proclamations Mr DiTullio updated Council that $75,000 was awarded to the Wheat Ridge Housing Authority and the only caveat is that we have to use it on our third project. The money will not actually be put in our budget until we buy the third project. Mr Gokey asked Mr Dahl to respond to the public comment by Mr Charles Durbin regarding the legality of the Special Use Process. Mr Dahl responded that Council passed an Ordinance last Fall amending Chapter 26, the Land Use Code, to specifically permit governmental or quasi-governmental applicants for any land use review to make application even though they did not own the property and the application was made to the City by the Urban Renewal Authority for that permit and it qualified as a quasi- governmental organization, which had the ability to make that application under Chapter 26 as amended It was proper for them to make that application and proper for Planning Commission and Council to consider Mr DiTullio and Ms Berry stated that it was Ordinance No 1299 that Mr Dahl was referring to, and that Mr Durbin might be able to find that information on the web-site Mrs Sang would like to bring forth a motion at the next regular meeting to change the council rules and eliminate the one year term limit for council president and mayor pro tem Meeting adjourned at 8 00 P m nderson City Clerk C APPROVED BY CITY COUNCIL ON FEBRUARY 9 2004 BY A VOTE OF t to JL ....-"" j ~L L "C ~_ l._:? , Wanda Sang, 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