HomeMy WebLinkAboutCity Council Minutes 10/13/2014CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNIC IPAL B UILDING
October 13, 2014
Mayor Jay called the Regu l ar City Council Meeting to order at 7 :00p.m .
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNI T E D STAT ES O F AMERICA
ROLLCALLOFMEMBERS
Jerry DiTullio
Kristi Davis
Bud Starker
Tracy Langworthy
Zachary Urban
Genevieve Wooden
George Pond
Tim Fitzgerald
Also present: City Clerk, Janelle Shaver; C ity Attorney, Gerald Dahl; City Manager,
Patrick Goff; Community Development Director, Ken John stone; other staff, guests and
interested citizens.
APPROVAL OF MINUTES OF September 22 ,2014
Councilmember Starker offered a revision to the correction of the September 8 minutes .
The motion was made by Councilmember DiTullio and seconded by Councilmember
Starker. Clerk Shaver sai d she will change it.
Motion by Councilmember Davis to approve the Minutes of September 22 as corrected ;
seconded by Councilmember Fitzgerald ;
Councilme m ber DiTullio asked that the same motion should reference Consol idated
Mutual Water not Denver Water. Clerk Shave r said she will change it.
Motion carried 8-0 .
PROCLAMATIONS AND CEREMONIES
RECOGNITI ON OF MIKA YLA BROWN
Mikayla B r own was recogn ized for her efforts on May 2 , 2014 at the corner of 32nd &
Kipl in g fo ll owi n g a fatal car collision that occurred at about 8 :45 p.m . Mikayla , a 17 year
old student who is training to become a firefighter, witnessed t he accident where 18
year ol d Jord a n Spro uts ' car was hit by a driver running a red light and later determined
to be intoxicated and driving recklessly at high rates of speed . Mikayla immediately
checked for inju ri es and began rendering first aid to Jordan . When Wheat Ridge Officer
City Council Minutes October 13, 2014 Page 2
S haw arrived on the scene he ob served evidence of Mikayla 's t raining and technical
skills . Mikayla reported on the status of the victim and assisted Officer Shaw in
administering CPR. Unfortunately Jordan 's injuries were too severe and he later died at
the hospital.
On behalf of WRPD , Wheat Ridge Fire , Arvada Fire and Rural Metro Pridemark, Mayor
Jay presented Mikayla with a plaque in recognition and appreciation for her quick
response , extreme initiative and willingness to use her emergency medical skills in a
brave attempt to save a life.
Mikayla thanked everyone for the recognition . She said she was just doing what fire
fighters are supposed to do.
Chief Brennan noted t he la rge scale of this tragic and traumatic event and thanked the
responding organizations as well as Mikayla, an ordinary citizen that steps up and helps
out with public safety when we need their assistance.
CITIZENS' R IGH T TO SPEAK
Sherri Carter from Vivian Elementary spoke about her school. It is a small school in
Lakewood , but serves Wheat Ridge students . It has 5 Special Ed labs , including labs
for the deaf and kids with social and emotional needs. They educate the whole child
and teach social skills . They have a musical they perform in sign language.
Randy Ketelsen of Ketel sen Campe rs related that his business is experiencing
recurring break-ins. He's had excellent support from WRPD , but it is a bad problem .
Units left for repair are robbed , with losses to over $100 ,000 . He wants to put in an
electric security system and he'd like approval from the City.
M ichael Pate (Columbia, SC) has been hired to protect Ketelsen Campers by installing
an electric fence that will set off an alarm. He 's getting push back from City staff, the
Police Chief, and the school district. They'd like a 10 foot fence, but have acquiesced to
9 feet. The school district doesn't want it there . He said Mr. Ketelsen needs to be
issued a permit so he can protect his property. They are asking Council to direct staff to
issue a permit.
Ken Johnstone responded . He said the fence is a potential health hazard , and that the
applicant is unwilling to observe setback and height requirements . The school has
concerns about health and safety issues . The Police Chief has determined the fence is
unsafe . The applicant has amended the application , but staff hasn't received a second
round of comments from the District. Chief Brennan spoke about the School District's
concerns.
Jenn ifer Yate s spoke to the property at 381h & Miller for a marijuana establishment.
She quoted from the pre-app meeting between the property owner and City staff. She
said since the moratorium was put in place work has stopped at the property. -She
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also commented on flaws that she sees in the Special Use Permit process -including
that it doesn't notify enough homes.
Mr. Goff noted that staff does meet with property owners. There is no application that
has been submitted for this property.
Mary Fedje (WR) addressed some things that were said at the marijuana study
session. Medical marijuana is not the issue; it's the commercialization . She spoke
strongly against the dealers and marijuana candy. She noted the Council people didn 't
come to the marijuana meeting . She believes this marijuana issue is a tiger that needs
to be caged right now.
John Clark (WR) commented on what a good teacher Sherri Carter is and noted his
business uses the Electric Guard Dog that Mr. Ketelsen wants . It's a good product. -
Regarding ballot issue 2A, he noted there is no formal opposition to it so he wonders
why so much money is being spent on it. He's gotten an expensive mailer w/
Councilmembers pictures . Who is supporting this and why? WR2020? The marijuana
industry? Big developers? Where is the money coming from?
Leah Dozeman (WR) spoke in opposition to Ballot Issue 2B and asked why , in 10 years
of planning with 6 seated Councils , there has been no discussion of a funding source for
the $9.3M price tag . She posed how far that money would go citywide to make our
sidewalks ADA compliant. 2B only serves a few and she encouraged a "no" vote.
Vicky Ottoson (WR) spoke in opposition to Ballot Issue 2B --speaking on behalf of
small businesses and home owners who live in the area of 38th Avenue (Upham to
Marshall) who feel their concerns have been ignored .
Monica Duran (WR) spoke in opposition to 2B . Citizens for an Inclusive Wheat Ridge
feel their voices have been missing from the planning process from the beginning and
they've been powerless to have any influence on the plan that resulted in 28. Even now
anyone who raises questions is put down . CIWR feels the issue should be defeated so
a plan can be designed that isn 't so contentious .
Rachel Hultin (WR) spoke in support of 2B that she sees as a plan for positive change
that is permanent and benefits everyone . She listed 4 new dining places on 38th since
the road diet went in , and said it will attract more dining and retail to our community. It
will create a pedestrian friendly corridor for all to enjoy -including the 40% of us who
don't drive. The plan doesn't reflect the input of everyone involved , but it absolutely
reflects the thoughts of our neighbors and business/property owners . It has been vetted
by people who have long term interest in our community. What other people think is
arm-chair planning that hasn 't been vetted properly. A "no" on 28 means nothing
happens, so people should vote "yes " on 2B.
Eric Wilson (WR) spoke in favor of 2B. He wants change on key commercial corridors
and he sees this as a place to start. It will bring dining and retail and development that
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supports existing businesses. It helps us be a bike/pedestrian/auto friendly city . He
wants all stakeholders to have a say in creating a plan that enjoys the full support of the
community. The process has happened ; we should move forward to make our city
better.
Becky Grant 0/VR) doesn 't oppose the use of marijuana for those who need it for
medical reasons or (until state law is changed) for those who choose to smoke. Her
concern is there hasn't been enough testing . She displayed and read old ads that
touted the safety and benefits of cigarette smoking . We all know the negative effects
smoking has had on our health care system , our economy and hundreds of thousands
of families . She shudders to think what we'll be finding out in 10 years about the impact
of habitual marijuana use.
Veronica McDonough 0/VR) spoke against marijuana -referencing the award
ceremony earlier for someone who tried to help save the life of a person who was hit by
an intoxicated driver. She gave statistics about the considerable number of accident
and trauma patients who are there because of marijuana. She doesn't think all the
money it brings in is worth it. It's not worth it to put our society at risk .
Patricia Lazzari 0/VR) spoke against marijuana. She related her experience growing
up near Haight-Asbury in the 1960's . T oday's marijuana is 4-5 stronger than it was in
the 1960's . It's dangerous and addictive . She asked Council to consider the facts.
APPROVAL OF THE AGENDA
1. Consent Agenda
a . Resolution 53-2014-amending the Fiscal Year 2014 Police Investigation
Fund Budget to reflect the approval of a Supplemental Budget Appropriation
in the amount of $8 ,800 for the purposes of purchasing Document
Management Software [Funding will come from the Police Seizure Fund; no
impact to the General Fund}
b . Motion to approve payment to ESRI Inc. in the amount of $38,000 for the
Annual License Renewal for the Graphical Information Systems (GIS) [All-
inclusive for licensing, tech support, software upgrades and implementation]
Councilmember DiTullio introduced the Consent Agenda.
Motion by Councilmember DiTullio to approve the Consent Agenda Items 1 a and 1 b;
seconded by Councilmember Starker; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
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2 . Council Bill12-2014-Approving the rezoning of property located at 4360 Gray
Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N)
(Case No. WZ-14-07/Germano)
Councilmember Urban introduces Item 2 .
The property is 0 .19 acres. The purpose of the rezoning is to increase the allowed uses
including the option of converting the existing structure back to residential occupancy.
The Planning Commission recommends approval.
Mayor Jay opened the public hearing .
An ordinance number was not available.
Mayor Jay swore in Mr. Johnstone.
Mr. Johnstone indicated briefly it was a pretty straightforward case and there was no
staff presentation .
There were no questions from the Council.
The applicant did not speak.
Mayor Jay closed the public hearing .
Mot ion by Councilmember Urban to approve Council Bill No . 12-2014 an ordinance
approving the rezoning of property located at 4360 Gray Street from Neighborhood
Commercial (NC) to Mixed Use-Neighborhood (MU-N) on second reading and that ot
tale effect 15 days after final publication , for the following reasons :
1. City Council has conducted a proper public hearing meeting all the public notice
requirements as required by Section 26-109 of the Code of Laws .
2 . The requested rezoning has been reviewed by the Planning Commission , which
has forwarded its recommendation .
3. The requested rezoning has been found to comply with the criteria for review in
Section 26-112 .E of the Code of laws .
Seconded by Councilmember Davis; carried 8-0
3 . Council Bill 13-2014-adopting by reference the 2012 Editions of the
International Building Code , the International Mechanical Code, the International
Plumbing Code , the International Property Maintenance Code , the International
Energy Conservation Code , the International Residential Code, the International
Fire Code and the International Fuel Gas Code; the 2014 Edition of the National
Electrical Code; and the 2015 National Fire Protection Association 99 Standard
for Health Care Facilities; adopting certain amendments to such codes; providing
penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge
Code of Laws accordingly
City Council Minutes October 13,2014 Page6
Councilmember Starker introduced Item 3 .
This action will adopt all the most recent versions of the various codes listed .
Staff Presentation
John Schumacher, Chief Building Inspector, listed some of the changes to the codes
and the various local amendments that Council had requested at First Reading
including :
• The inclusion of fines in the appeal process
• Reducing the number of plan sets to be submitted with an application from 3 to 2 ,
Reducing the occupant load from 250 to 125 for determining separate sex
bathrooms,
• Clarifying the 7 -foot, above-roof plumbing vents only apply to occupiable roofs ,
• Prohibition of combustible solvent-based marijuana extraction
Mayor Jay opened the public hearing and declared the previous staff testimony as part
of the record .
Public Comment
Doroth y A rche r (WR) asked how these changes affect current businesses in Wheat
Ridge and proposed new businesses on 381h Avenue .
Staff said the changes apply to new construction and remodeling . Many recent
applicants have already asked if they can submit plans based on the new Codes . They
will go into effect in January, 2015.
M oti on by Councilmember Starker to approve Council Bill No. 13-2014, order it
published and that it shall become effective fifteen (15) days after final publication , with
the following amendments as presented :
• Add a new Section 17 addressing marijuana establishments
• Amend Section 107.1 of the Building Code
• Amend Section 106.3 .1 of the Mechanical Code,
• Amend Section C 103.1 of the Energy Conservation Code,
• Amend Section R106.1 of the Residential Code for One and Two Family
Dwellings ,
• Amend Section 507 .5 .1 of the International Fire Code
• Amend Section 1 of the Ordinance to provide amendments to the 2012
International Building Code regarding High-hazard Group H-3 and Extraction of
hash oil ;
seconded Councilmember DiTullio.
Discussion followed .
Motion carried 8-0.
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4 . Resolution No. 54-2014-establishing a Street Width for Tabor Street from 49th
Ave . to Ridge Road
Councilmember Wooden introduced Item 4.
Mayor Jay opened the public hearing .
Mayor Jay swore in Scott Brink to testify .
Mr. Brink gave the staff presentation . The project widens and improves Tabor Street
from 49th Avenue to Ridge Road to provide local access to the Gold Line/\Nard Station .
The road will be widened from 25-34 feet to 41 feet to include two ten foot travel lanes,
an eleven foot center turn lane, and five foot wide bike paths on each side .-Council
has already approved the funding of property acquisition for rights-of-way and the hiring
of a consultant to accomplish that. -A neighborhood meeting was held . -The City has
already agreed to the federal funding of $740 ,000 via DRCOG and RTD . -
Mayor Jay swore in Mark Westberg. He answered a question for Mr. Starker.
Motion by Councilmember Wooden to approve Resolution No. 54-2014 a resolution
establishing a street width for Tabor Street from 49th Avenue to Ridge Road in
accordance with attachment 2 ; seconded by Councilmember Langworthy.
Mayor Jay closed the public hearing .
Motion carried 8-0 .
ORDINANCES ON FIRST READING
5. Council Bill No . 14-2014-imposing a Temporary Moratorium of the submission ,
accepta n ce, processing and approval of app l ications and requests for a Permit,
License. Land Use approval or other approval for any Medical Marijuana
Establishment or Retail Marijuana Establishment
Councilmember Wooden Councilmember Wooden introduced Item 5.
Moti on by Councilmember Wooden to approve Council Bill No. 14-2014 on first
reading , order it published , public hearing set for Monday, October 22, 2014, at 7 :00
p .m. in City Council Chambers , and that it take effect fifteen (15) days after final
publications; seconded by Councilmember Langworthy.
Motion by Councilmember DiTullio to amend Section 3 (Duration) of the moratorium to
have the moratorium commence on Nov 17, 2014 and expire upon furtherformal action
by the Council; seconded by Councilmember Urban . Discussion followed .
Motion failed 2-6 , with Councilmembers Wooden , Langworthy, Davis, Pond, Fitzgerald,
and Starker voting no.
City Council Minutes October 13 , 2014 Page 8
Moti on by Councilmember DiTullio to amend the length of the moratorium to 120 days;
seconded by Councilmember Urban. Discussion followed.
The amendment carried 5-3, with Councilmembers Woode n, Fitzgerald and Pond voting
no.
The main motion as amended carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
6 . Mot ion to accept Kipli ng Street Right-of-Way and Temporary Construction
Easements from adjacent Property Owners along Project Segment
Councilmember Langworthy introduced Item 6 .
To date . all necessary rights-of-way and easements have been acquired for the Kipling
Trail with the exception of three properties. These remaining parcels will be brought to
Council for formal acceptance at a later date.
Motion by Councilmember Langworthy to accept the Kipling Street right-of-way an d
temporary construction easements from adjacent property owners along the project
segment; seconded by Councilmember Fitzgerald ; carried 8-0
7 . Motion to accept Kipling Street and 49th Avenue Right-otWay along Natural
Grocers Frontage
Councilmember Langworthy introduced Item 7 .
Due to improvements proposed for the Kipling Street and West 491h Avenue intersection
associated with the Natural Grocers development, additional right-of-way is needed
along both frontages of the parcel at the northeast comer of the intersection . Th is will
allow the improvements to lie within the public right-of-way and be maintained by the
City.
Moti on by Councilmember Langworthy to approve the right-of-way dedication as
described in the attached Deed and Legal Description ; seconded by Councilmem ber
Wooden; carried 8-0.
CI TY MANAGER'S MATTERS
Mr. Goff announced the Optimist Pancake Supper this Thursday, from 5-8pm at WRHS.
Proceeds from the event go to serve the youth in our community.
City Council Minutes October 13, 2014 Page 9
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS MATTERS
Geor ge Pond thanked the people who came in to speak about marijuana , Genevieve
Wooden for her passion about marijuana and his partner in District 3, Councilmember
Fitzgerald. They have work ahead of them .
He distributed a motion regarding various marijuana business regulations , which
contained a list of ten specific policy actions he's recommending for an ordinance.
Motion by Councilmember Pond di recting staff and the city attorney to draft an
ordinance affecting the code of laws consisting of ten itemized policy actions; seconded
by Councilmember Fitzgerald .
Discussion followed .
Motion by Councilmember Starker to amend the motion and have staff explore the
issues , but not draft an ordinance; seconded by Councilmember DiTullio; carried 8-0
Councilmember Pond 's original motion , as amended , ca r ried 8-0
Tracy Langworthy reminded the board and commission members of the dinner
this Wednesday night.
Kristi Davi s thanks the folks who came out to speak. The dialogue is important.
Zach Urban offered a huge thanks to all the volunteers on the Boards and
Commission s for a ll the time a n d e ffort they spend to make t h e City a great pl ace to be .
Bud Starker hopes everyone will take the opportunity to vote in the upcoming election.
It is the greatest right we have and it is the way you influence public policy.
Jerry D iTu llio reminded everyone their ballots will be mailed out this week.
C l e r k Jan e lle Shaver noted that ballots will be mailed out from Tuesday (tomorrow)
throu gh F r iday. If you don 't get a ballot by sometime next week call the Cou nty to find
out how to remedy that. -She informed everyone that City H all will be a polling place
on Election Day complete with on-site registration and the ability to vote . -She
reminded everyone that political signs are not allowed in the public right-of-way .
Additionally the size limit for signs is 8 sq feet on residential property and 16 sq feet on
commercial property. -She encouraged Board and Commission members to RSVP
for the dinner if they haven't yet done that.
City Council Minutes October 13, 2014 Page 10
ADJOURNMENT
The City Council Meeting adjourned at 9 :06 pm .
APPROVED BY CITY COUNCIL ON October ~?~2014 .
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. Recordings and DVD 's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Reso lutions.