HomeMy WebLinkAboutCity Council Minutes 12-14-15@JJIDJW~~
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 14, 2015
Mayor Jay called the Regular City Council Meeting to order at 7:00p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Monica Duran Zachary Urban
Tim Fitzgerald George Pond
Absent Larry Mathews
Kristi Davis
Genevieve Wooden
Janeece Hoppe
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Public Works Director, Scott Brink; other staff, guests and interested
citizens.
APPROVAL OF MINUTES OF November 23, 2015 and Study Session Notes of
November 16, 2015, and December 7, 2015
There being no objection, the Minutes for November 23, 2015 and Study Session Notes
of November 16, 2015, and December 7, 2015 were approved as published.
PROCLAMATIONS AND CEREMONIES none
CITIZENS' RIGHT TO SPEAK
Carol Sue Frickel spoke about the Wheat Ridge Back Pack Program. Trinity and
Jennifer Brown, along with Sharon Brush and Chloeh Halloway, who benefit from the
program , explained what the program means to them and demonstrated the items in a
typical back pack that students get for the weekend. Kullerstrand, two other elementary
schools in Wheat Ridge and Head Start receive back packs. The backpacks are
assembled weekly by volunteers for students on free/reduced lunch.
Rachel Hultin (WR) announced that applications are being accepted for WR2020's 2016
Wheaties Academy. The cost is $250, but scholarships are available. -She also
announced the AT AT State of the City event on January 12 at Colorado Plus. They
recognize people and groups that support walking and biking. Tickets are $15.
City Council Minutes December 14, 2015 Page 2
APPROVAL OF AGENDA
Mr. Goff said it would be proper to switch the order of Agenda Items 8 and 9.
1. CONSENT AGENDA
a) Motion to award ITB-15-28 2015 Miscellaneous Drainage Projects to Diaz
Construction, Lakewood CO, in the contract amount of $179,570 with an
additional contingency amount of $20,000 [Budgeted item; replace two failed
storm sewer pipes on the bluff on the south side of Clear Creek]
b) Resolution No. 55-2015-amending the Fiscal Year 2015 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the
amount of $300,000 for the purpose of funding the Kipling Ridge Tax Increment
Financing Agreement [for June to December 2015]
c) Motion to adopt the 2016 Regular City Council Meeting Calendar
d) Motion to approve reappointment of Nancy Snow and Wanda Sang to the
Election Commission, terms to expire December 31 , 2017
e) Motion to ratify the Mayoral Reappointment of James Bahrenburg to District II
of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term
to expire November 30, 2020
f) Motion to appoint Elected Officials to Outside Agencies
CO Municipal League -Zachary Urban; Monica Duran, Alternate
Police Seizure Fund-Larry Mathews
Councilmember Pond introduced the Consent agenda.
Motion by Councilmember Pond to approve the consent agenda; seconded by
Councilmember Fitzgerald; carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill28-2015-an Ordinance Approving a Zone Change from
Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property
located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway)
Councilmember Urban introduced Council Bill 28-2015.
Rezoning is the first step in the process for redevelopment. All further site plan review
will be done administratively with no additional public hearing required.
Clerk Shaver assigned Ordinance 1589.
Mayor Jay opened the public hearing and swore in Meredith Reckert.
City Council Minutes December 14, 2015 Page 3
Staff presentation
Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the
case file and packet material and contents of the digital presentation. She testified that
all notification and posting requirements have been met.
Ms. Reckert explained the reason Mixed Use Zones were created in 2010 was to provide
a predictable and streamlined development process. The process involves a
neighborhood meeting, Planning Commission hearing, City Council public hearing and
administrative review of site plans. Property owners and developers liked Mixed Use
because it provides flexibility with land uses, minimal expenditures up front and a
predictable schedule. It encourages medium density mixed development and allows for a
range of commercial, retail and residential uses.
The property in question is 11,000 sf and has most recently been an antique store. The
parking lot will be resurfaced but no other changes are planned. The zone change is
necessary to allow the owner to locate a satellite day care facility of Lightway at Sloans in
Edgewater. Ancillary office and residential uses are anticipated. No one came to the
neighborhood meeting and staff has received no notice of concerns. All agencies can
serve the property. The Planning Commission had a hearing and recommends approval.
Staff recommends approval for the following reasons:
• The zone change promotes the health, safety and welfare of the community, with
no significant adverse effects.
• A zone change to MU-N is supported by the adopted plans.
• MU-N is compatible with the surrounding area.
• The criteria used to evaluate a zone change supports the request.
There was no public comment or discussion/questions from Council.
Mayor Jay closed the public hearing.
Motion by Councilmember Urban to approve Council Bill 28-2015 -an ordinance
approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N) for property located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway) on
second reading and that it take effect 15 days after final publication for the following
reasons:
1. City Council has conducted a proper public hearing meeting all 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.
Councilmember Davis asked about space for a playground. Ms. Reckert testified there is
space in the back yard for that and all state requirements for day care would be required .
The motion carried 7-0.
City Council Minutes December 14, 2015 Page4
3. Council Bill 29-2015-an Ordinance Approving the Rezoning of property located
at 10590 W. 44th Avenue from Planned Commercial Development (PCD) to Mixed
Use-Neighborhood (MU-N) (Case No. WZ-15-04/Golabek).
Councilmember Wooden introduced Council Bill29-2015.
The applicant is requesting a zone change to expand the permitted uses, including
residential. Following the zone change all further site plan review will be administrative.
Clerk Shaver assigned Ordinance 1590.
Mayor Jay opened the public hearing and swore in Ms. Reckert.
Staff presentation
Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the
case file and packet material and contents of the digital presentation. She testified that
all notification and posting requirements have been met.
The property is a .45-acre plot on the corner of 441h & Moore Street. In 2001 the property
was rezoned with the intent to develop into a garden center. The applicant wants MU-N
zoning so it can include residential with any possible commercial uses. There have been
no concerns from the neighborhood. All agencies can serve the property. Further site
plan review will be done by staff.
Staff recommends approval for the following reasons:
• The zone change is consistent with the comprehensive plan.
• Increased uses will benefit and may serve as a catalyst for other investments in
the area.
• The criteria used to evaluate a zone change supports the request.
Mayor Jay closed the public hearing.
Motion by Councilmember Wooden to approve Council Bill 29-2015 -an Ordinance
Approving the Rezoning of property located at 10590 W . 44th Avenue from Planned
Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-15-
04/Golabek) on second reading and that it take effect 15 days after final publication for
the following reasons;
1. City Council has conducted a proper public hearing meeting all 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 for approval.
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 Hoppe; carried 7-0.
City Council Minutes December 14, 2015 Page 5
Mayor Jay opened a public hearing for Items 4-7.
To minimize potential negative impacts of HB-1348, staff is recommending a substantial
modification to the City's four Urban Renewal Plans. Modifying the plans prior to January
1, 2016 will allow Urban Renewal to continue using tax increment financing (TIF) in the
plan areas under current law rather than the new regulations of HB-1348 which takes
effect January 1, 2016.
4. Resolution No. 48-2015-Approving a substantial modification to the Wadsworth
Boulevard Corridor Redevelopment Plan to allow for the utilization of Tax
Increment Financing
Council member Pond introduced Resolution No. 48-2015 and read an explanation of the
issue covered by these resolutions.
~ Resolution No. 49-2015 -approving a substantial modification to the West 441h
Ave. Ward Road Redevelopment Plan to allow for the utilization of Tax Increment
Financing
Councilmember Wooden introduced Resolution No. 49-2015.
6. Resolution No. 50-2015 -approving a substantial modification to the 170/Kipling
Corridors Urban Renewal Plan to allow for the utilization of Tax Increment
Financing
Councilmember Wooden introduced Resolution No. 50-2015.
7. Resolution No. 51-2015-approving a substantial modification to the 381h Avenue
Corridor Redevelopment Plan to allow for the utilization of Tax Increment
Financing
Councilmember Urban introduced Resolution No. 51-2015.
Staff presentation
Steve Art gave the staff presentation. He explained how these areas are set up to
mitigate blight. He noted uncertainties and ambiguity acknowledged by the sponsor of
HB 1348 and the Governor. HB 1348, [passed in the recent legislative session] requires
adding new members to the URA board to include:
• 1 from the County
• 1 from the school district
• 1 from another taxing district.
Mr. Art said we want to avoid making these people come to URA meetings unnecessarily.
HB 1348 also requires Impact Reports and a negotiation process with all taxing entities.
City Council Minutes December 14, 2015 Page 6
Mr. Art outlined the "substantial modification" process. There will be no changes to
property taxes or changes to any properties. All property owners, residents and business
owners were notified; the Plan and Impact Report have been submitted to the County
and the school district; posting requirements have been fulfilled.
Mr. Art stated that what is being asked for tonight is the start of the 25 year TIF clock on
all the plans. No specific activity is considered with this action.
Ann Ricker of Ricker/Cunningham, an urban renewal consultant, gave a presentation
highlighting the intent of the four existing urban renewal areas:
• Wadsworth Boulevard
• West 44th Avenue and Ward Road
• 1-70/Kipling Corridor
• 38th Avenue Corridor Redevelopment Plan (less the NW corner of 38th & Upham)
Public Comment
Karen Case (WR), owner of property near 38th & Eaton, said other than a letter about
this hearing there has been no neighborhood meeting. Neighbors didn't know about this
action and didn't know about the hearing. It was determined that Ms. Case's concerns
were about the modification to the 38th Ave Corridor Plan -Items 8 and 9. Mr. Goff
explained there is no rezoning happening -only an amendment to the plan to allow
TIF to start. Ms. Case said when 41st and Fenton was developed they were promised
neighborhood meetings, but there were none. Mr. Goff assured her the City follows
proper procedures, but she suggested that follow-through by the City is not always
ha~pening. Councilmember Hoppe told Ms. Case the town hall meeting for the design of
38 h Avenue would be on January 14 at the Rec Center.
Mayor Jay closed the public hearing.
Motions for the resolutions followed.
Item 4
Motion by Councilmember Pond to approve Resolution No. 48-2015 a resolution
approving a substantial modification to the Wadsworth Boulevard Corridor
Redevelopment Plan to allow for the utilization of Tax Increment Financing; seconded by
Councilmember Urban; carried 7-0.
Item 5
Motion by Councilmember Wooden to approve Resolution No. 49-2015-a resolution
approving a substantial modification to the West 44th Ave. Ward Road Redevelopment
Plan to allow for the utilization of Tax Increment Financing; seconded by Councilmember
Pond; carried 7-0.
Item 6
Motion by Councilmember Wooden to approve Resolution No. 50-2015-a resolution
approving a substantial modification to the 170/Kipling Corridors Urban Renewal Plan to
City Council Minutes December 14, 2015 Page 7
allow for the utilization of Tax Increment Financing; seconded by Councilmember Duran;
carried 7-0.
Item 7
Motion by Councilmember Urban to approve Resolution No. 51-2015-a resolution
approving a substantial modification to the 38th Avenue Corridor Redevelopment Plan to
allow for the utilization of Tax Increment Financing; seconded by Councilmember Hoppe;
carried 7-0.
Mr. Goff explained there would be one staff report for Items 8, 9, and 10.
8. (Original Item 9) Resolution No. 53-2015 -A Resolution approving a non-
substantial modification to the Wheat Ridge Town Center Project Urban Renewal
Plan
In order to facilitate the redevelopment of the northwest corner of 38th & Upham, staff
recommends the 4.5 acres be removed from the Town Center Plan and become a new,
separate plan. The Town Center Plan is 30 years old and has already used TIF.
9. (Original Item 8) Resolution No. 47-2015-approving the West End 38 Urban
Renewal Plan and finding that the West End 38 Urban Renewal Plan area is a
blighted area, designating such area as appropriate for an Urban Renewal Project
pursuant to the West End 38 Urban Renewal Plan, and finding that the acquisition,
clearance, rehabilitation, conservation, development, redevelopment, or a
combination thereof of such area is necessary in the interest of the public health,
safety, morals, and welfare of the citizens of the City of Wheat Ridge
This resolution forms a new urban renewal plan area called West End 38 for purposes of
developing the northwest corner of West 381h and Upham Street. The Plan, which allows
for tax increment financing for the project, is adopted by the City Council and
implemented by the Urban Renewal Authority.
10. Resolution No. 54-2015-concerning the proposed redevelopment at the
Northwest Corner of West 38th Avenue and Upham Street, and authorizing a
Cooperation Agreement in connection therewith
The Urban Renewal Authority has entered into a Redevelopment Agreement with West
End 38 LLC (West End) for a mixed use project at the northwest corner of 38th & Upham.
The Cooperation Agreement authorizes tax increment financing of $4.8M to help fund
public improvements. Approval of a Cooperation Agreement between Urban Renewal
and the City is required to establish the obligation of both parties related to collection and
distribution of incremental sales tax revenue.
City Council Minutes December 14, 2015 Page 8
Councilmember Davis introduced Resolution No. 53-2015, Resolution No. 47-2015, and
Resolution No. 54-2015
Mayor Jay opened the public hearing [required for Resolution No. 4 7 -2015).
Staff presentation
Mr. Art presented the West End 38 URA Plan involving parcels at 381h & Upham. These
parcels are currently part of the Town Center Plan (Safeway and Ross areas) which has
already used TIF. The request is to remove these parcels and create a new area.
Although not part of this request, Mr. Art briefly summarized the current proposal for the
space. It includes 150 market rate rental units, 13,800 sf of commercial space oriented to
381h Avenue, a new Vectra Bank building, a public plaza and structured parking.
Mr. Art testified that all requirements for the substantial modification process as outlined
under Agenda Items 4-7 have been followed .
Mr. Art explained the resolutions:
Resolution 53 removes the parcels from the Town Center urban renewal area.
Resolution 47 adopts the West End URA Plan.
Resolution 54 is the Cooperation Agreement between the City and the URA.
Ann Ricker went through the Conditions Survey.
• She testified that the site contains 9 of 11 blight factors that will substantially
impairs sound growth of the city, retard the provision of housing, or constitute an
economic or social liability, and are a menace to public health, safety and welfare.
Existing blight factors include:
o b) predominance of defective or inadequate street layout,
o c) faulty lot layout
o d) unsanitary or unsafe conditions
o e) deterioration of site or other improvements
o f) unusual topography or inadequate public improvements or utilities,
o h) existing conditions that endanger life or property by fire or other causes
o i) building that are unsafe/unhealthy to live/work in
o j) environmental contamination
o k.5) substantial underutilization of site, buildings or other improvements
• The Plan includes 4 parcels (4.5 acres) and adjacent ROW that are owned by two
entities--Olive Street Development and Wadsworth Building Corp (Vectra Bank).
• The property is zoned MU-C (Mixed Use-Commercial).
• The project removes blight and is consistent with the Comprehensive Plan
Public Comment -none
Mayor Jay closed the public hearing.
Motions to adopt the resolutions followed.
City Council Minutes December 14, 2015 Page 9
(for new Agenda Item 8)
Motion by Councilmember Davis to approve Resolution No. 53-2015 - a Resolution
approving a non-substantial modification to the Wheat Ridge Town Center Project Urban
Renewal Plan ; seconded by Councilmember Hoppe; carried 7-0.
(for new Agenda Item 9)
Motion by Councilmember Davis to approve Resolution No. 47-2015-a resolution
approving the West End 38 Urban Renewal Plan and finding that the West End 38 Urban
Renewal Plan area is a blighted area, designating such area as appropriate for an Urban
Renewal Project pursuant to the West End 38 Urban Renewal Plan, and finding that the
acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a
combination thereof of such area is necessary in the interest of the public health, safety,
morals, and welfare of the citizens of the City of Wheat Ridge; seconded by
Councilmember Fitzgerald; carried 7-0
(for agenda Item 1 0)
Motion by Councilmember Davis to approve Resolution No. 54-2015 a Resolution
concerning the proposed redevelopment at the Northwest Corner of West 38th Avenue
and Upham Street, and authorizing a Cooperation Agreement in connection therewith ;
seconded by Councilmember Duran; carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
1..1Motion to reconsider Council Bill No. 22-2015-an ordinance repealing and
reenacting Article II of Chapter 9 and amending Article II of Chapter 17 of the
Wheat Ridge Code of Laws to Regulate Smoking in Public Places
Councilmember Fitzgerald introduced Item No. 11 .
On October 12, 2015, Council adopted an ordinance which:
• Aligned the city code with the Colorado Clean Indoor Air act (CCIAA},
• Broadened the definition of "smoking",
• Prohibited smoking in all City parks and facilities,
• Prohibited smoking at transit stops,
• Permitted smoking in outdoor patio areas of restaurants and bars,
• Prohibits hookah bars, and
• Reaffirms the City's prohibition of open and public consumption of marijuana and
the operation of marijuana clubs.
Following adoption , the Council heard additional comments related to "specialty vaping
stores", addressed it at a study session and directed the following changes be made:
• Delete the terms "including liquid" from the definition of tobacco
• Create a new category of business-"specialty vaping store", where smoking,
including vaping of liquids, would be permitted.
• Make necessary conforming amendments to accomplish these changes.
City Council Minutes December 14, 2015 Page 10
Mr. Dahl elaborated on the purpose for the reconsideration and the resultant changes.
He reported that similar changes exist in Arvada and they report no problems related to
the special vaping stores.
Public Comment
Katherine York (Lakewood) said she is happy with the allowance of testing in vapor
shops and thanked the Council.
Cindy Gallespie (WR) thanked Council for listening to their requests.
Sean Johnson (Lakewood) shops at one of the local vape shops and appreciates being
able to test different flavors.
Kevin Price (Littleton) thanked the Council for a reasonable solution. He noted that e-
cigarettes in the United Kingdom are supported by the government, and that
pharmaceuticals and big tobacco don't support vaping because it hurts their business.
Todd Dempser (Arvada). owner of the vape store in Arvada that Mr. Dahl visited,
suggested there are misconceptions about vaping. He said people who vape don't want
smoking because they are all ex-smokers, and they have nothing to do with marijuana.
They want healthier environments and are on the same side as the Council.
Mike Sawyer (Lakewood), police officer in a mountain town, shared his story as a former
smoker who vapes. He thanked the Council for making these changes.
Mr. Dahl suggested striking the parenthetical phrase in section 9-24 that reads "including
vaping of liquids".
Motion by Councilmember Fitzgerald to reconsider Council Bill No. 22-2015. Ordinance
No. 1584. Series of 2015,-an ordinance repealing and reenacting Article II of Chapter 9
and amending Article II of Chapter 17 of the Wheat Ridge Code of Laws to regulate
smoking in public places, and further to amend and readopt the same upon
reconsideration in the form provided by the City Attorney, with the deletion of "(including
vaping of liquid)" in section 9-24(11); seconded by Councilmember Pond.
Brief discussion followed. It was noted that buildings for cigars, cigarettes and vaping do
not require special ventilation systems.
The motion carried 7-0.
12. Motion to accept Right-of-Way and Temporary Construction Easements from
adjacent property owners along Tabor Street between 491h Avenue and Ridge
Road
City Council Minutes December 14, 2015 Page 11
This action accepts three of the five required rights-of-way necessary for the widening of
Tabor Street (north of 491h Avenue) and the addition of bike lanes and sidewalks. The
project is partially funded with federal money. The City's right-of-way consultant, H. C.
Peck & Associates, used the Federal Uniform Act to acquire the necessary properties.
Acceptance of the other two rights-of-way is expected on January 11 , 2016.
Councilmember Wooden introduced Item No. 12
There was no staff report. Council had no questions.
Motion by Councilmember Wooden to accept Right-of-Way and Temporary Construction
Easements from adjacent property owners along Tabor Street between 49th Avenue and
Ridge Road ; seconded by Councilmember Duran; carried 7-0.
CITY MANAGER'S MATTERS
Mr. Goff played the first of the City's new promotional videos advertising the public
process to design 381h Avenue. This video and others like it will air on Channel 8, the
City website and other social media. Interviews with some groups are ongoing. The first
town meeting will be January 14 from 6-8pm at the Rec Center. -It was pointed out that
the three public meetings are all different and build on each other, so interested parties
should plan to attend all three meetings if possible. -A mailer is also planned.
CITY ATIORNEY'S MATTERS none
ELECTED OFFICIALS' MA TIERS
Monica Duran read a response to comments at the last two meetings about the recent
election in District 1 and on ballot question 300. She believes councilmembers should
include public input in their decision-making process and that all people's opinions are
important -whether they're on a board or commission or not. -She addressed one
councilmember's statements about the percentages and vote counts in District 1 in the
elections of 2013 and 2015. Unmentioned was the fact that in both cases incumbents
were not re-elected. -She was elected fair and square and deserves the same respect
afforded previous incumbents. The election is over; the voters have spoken in District 1
and on 300. Eulogies of past councilmembers and fear tactics about 300 should stop. -
She cited another councilmember who has called for civility, but uses profanity on the
dais, in emails and at public meetings. At the last Council meeting this councilmember
eulogized a councilmember who wasn't re-elected, read a poem and labeled people who
have different opinions as "bullies" -then called a point of order on Ms. Duran when she
started to read a short comment. -Ms. Duran invited councilmembers to show respect
for the office they hold and the citizens they represent, and to join her in repairing
relationships with the citizens and mending fences with the people.
City Council Minutes December 14, 2015 Page 12
Janeece Hoppe announced that she and Monica Duran will be having a meeting with
District 1 folks on January 27 at Clancy's from 6-8:30pm. People are invited to come
meet their new councilmembers.
George Pond wished everyone happy holidays and a happy new year.
Kristi Davis wished everyone a happy holiday.
Mayor Jay noted that plans are being made for a Council retreat in 2016. No date is set
yet. -She wished everyone a Merry Christmas and happy holidays.
ADJOURNMENT
The meeting was adjourned at 9:02pm.
L ON January 11 , 2016
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 Resolutions.