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HomeMy WebLinkAboutCouncil Agenda Packet 01-09-17AG EN DA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 9, 2017 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Carly Lorentz, Assistant to the City Manager, at 303-235-2867 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of November 28, 2016 and December 12, 2016 and Study Session Notes of December 5, 2016 and December 19, 2016 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA PUBLIC HEARING AND ORDINANCES ON SECOND READING 1. Council Bill 26-2016 -PUBLIC HEARING CANCELLED due to applicant withdrawal of the rezoning of property located at 10001 W. 32"d Ave. from Residential-One (R-1) to Planned Mixed Use Development (PMUD) and for approval of an Outline Development Plan (Case No. WZ-16-01/Fountain on the Ridge) CITY COUNCIL AGENDA: January 9, 2017 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN TO SPECIAL STUDY SESSION Page -2- (tiW-- CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 28, 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.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 Janeece Hoppe Larry Mathews Kristi Davis Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Parks Director, Joyce Manwaring; Police Chief, Dan Brennan; Administrative Services Director, Heather Geyer; Treasurer, Jerry DiTullio; other staff, guests and interested citizens. APPROVAL OF Study Session Notes of November 7, 2016 There being no objection, the Study Session Notes of November 7, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES Presentation of Parks and Recreation Accreditation Award City Manager Patrick Goff presented to Director Joyce Manwaring the CAPRA accreditation that was awarded to the City of Wheat Ridge Parks and Recreation Department in October in St. Louis. It is a best practices process that assures policy makers and citizens we are meeting and upholding the best standards. Joyce Manwaring introduced Dirk Richwine, vice-chair of CAPRA's commission for accreditation, who mentored the City through the two-year process. Mr. Richwine explained that the extensive accreditation process involves self-assessment and outside review -measuring 150 standards in 10 different categories. As only 160 agencies in the US have this accreditation it is a very prestigious award. He presented the accreditation crystal to the staff. Julie Brisson (Parks & Facilities Manager), Rick Murray (Parks Forestry & Open Space Manager), and Matt Anderson (Parks & Recreation Analyst) were present. Ms. Manwaring thanked the employees for all their hard work during the accreditation process, and the Mayor, Council, other department heads, and City Manager for their support. CITIZENS' RIGHT TO SPEAK City Council Minutes November 28, 2016 Page 2 Roger Morin (WR) asked Council to consider the hazards and drawbacks of the passage of Proposition 106. 1) He believes it is antithetical to our city's values of family and health. We focus on the protection of health, safety and welfare; mental and spiritual health are crucial to the end and should be included. Also, a family may only be a family of one. 2) The demographics of our city suggests the number of folks who qualify for these options will increase. What value will our city place on this group of our population? Those with no support system may feel pressured and deserve a place to turn to. 3) Our community already does much for its seniors. -He asked Council to consider appointing a councilmember to oversee the needs of the elderly since the end of life options act may change how they and others view their importance and value to the community. Please think through the hazards and drawbacks to our community and how the City might continue to protect and serve its citizens that qualify under this act. Mike Herman (Golden), co-chair of the WR Backpack program, reported on the increasing cost of the program -including increased cost of food, cost for storage, and an increase in children. About 360 students are served weekly at Kullerstrand, Stevenson, Pennington and Head Start. The budget is $35-40K/year. He thanked Council for helping fund this program; they believe it makes a difference. John Clark (WR) served on the outside agency review committee and praised Carley Lorentz for her fantastic work with the group. He explained the process of how a diverse group of people came to compromise and agreed. He urged Council to respect the time the committee spent and honor the recommendation. Changing it may set a precedent to make other organizations feel slighted and open the gate for other groups to ask for more. The purpose of the committee was to relieve work from Council and make a recommendation. He doesn't want to see groups come back repeatedly asking for more. APPROVAL OF AGENDA .1:. CONSENT AGENDA a) Motion to adopt the 2017 Regular City Council Meeting Calendar b) Resolution No. 45-2016 -designating the City Hall Lobby as the Official Public Notice Posting location and the Wheat Ridge Transcript as the Official newspaper of General Circulation for City Publications in 2017 c) Motion to approve payment to Murphy Construction Company, LLC, Denver, Co., in the amount of $32,604 for the purpose of replacing additional trail as part of the Clear Creek Trail Maintenance Replacement Project [original project bid under budget; using remainder of budgeted funds for 483 more feet of trail] d) Resolution No. 49-2016 -approving Clear Creek Trail Replacement west of Moore for the purpose of expending Grant Funds [authorizing use of unused grant funds for additional trail] Councilmember Urban introduced the Consent Agenda. City Council Minutes November 28, 2016 Page 3 Motion by Councilmember Urban to approve the Consent Agenda items a), b), c) and d). Seconded by Councilmember Pond; carried 8 -0 ORDINANCES ON FIRST READING 2. Council Bill 26-2016 -An ordinance approving the rezoning of property located at 10001 W. 32"d Ave. from Residential-One (R-1) to Planned Mixed Use Development (PMUD) and for approval of an Outline Development Plan (Case No. WZ-16-01/Fountain on the Ridge) The proposed rezoning of the 2.16 acres on the corner of 32"d & Kipling will expand uses which may include conversion of the buildings and property into an event center. Councilmember Fitzgerald introduced Council Bill 26-2016. Motion by Councilmember Fitzgerald to approve Council Bill No. 26-2016, an ordinance approving the rezoning of property located at 10001 W. 32"d Ave. from Residential-One (R-1) to Planned Mixed Use Development (PMUD) and for approval of an Outline Development Plan (ODP) on first reading, order it published, public hearing set for Monday, January 9, 2017 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Duran; carried 8-0 DECISIONS, RESOLUTIONS AND MOTION 3. Resolution No. 47-2016 -adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2017 Budget Year Councilmember Pond introduced Resolution 47-2016. Staff Presentation -Patrick Goff • The public hearing was held on November 21,2016. • It is a balanced budget totaling just over $43M, with $31 M for the General Fund operating budget, $5M for the Capital Improvement Program budget, and $6. 7M for special revenue funds. • Reserves will meet the minimum requirements and are projected to be 21.5%. Councilmember Davis proposed an extra $4,500 for the Backpack program -whether from 2016 or 2017 monies. When the Backpack program presented its request they didn't know their costs would double. Mr. Goff said he could find $4,500 in 2016 monies. Councilmember Wooden expressed support for helping the Backpack program with their fundraising, but wants to honor the recommendation for 2017 from the citizen committee. Councilmember Mathews commented he'd like to see the giving program revisited and rethink how we give these monies out. This is taxpayer money; there should be controls. Councilmember Duran expressed a desire to see some past history of asked/given for these organizations. She asked about the fundraising efforts of the Backpack program. City Council Minutes November 28, 2016 Chief Brennan gave some history on the Backpack program and its funding. • Auctions and fundraisers are held. • Several charitable organizations (Rotary, Optimists, Kiwanis, Grange, fire departments) donate money and time. Page4 • The City's contribution has been about 1/3 of the budget; next year may be X . • Administrative costs are minimal ($200/year for the webpage). Councilmember Hoppe also doesn't want to open the floodgates and would like to maintain the 2017 budget. She supports using 2016 funds and helping with fundraising. Councilmember Urban posed that the group that gets questioned the most gets the most donations. While he agrees the Backpack program needs to be funded, he also noted not much is being done to address the heroine epidemic in our city. All groups should be treated equally. He suggested this process unfairly pits programs against each other. Councilmember Fitzgerald supported Ms. Davis' request to add more funds. Public Comment Christine Disney (WR), president of Localworks, talked about her experience volunteering for Localworks events and the positive impact it's had on her life and that of others. She asked Council to approve the budget requests from Localworks for 2017. Janenne Allen (WR), Localworks board member, shared her thoughts on Localworks and how it has helped her interact with and be connected to her neighbors. Attorney Dahl provided procedural guidance. Motion by Councilmember Pond to approve Resolution No. 47-2016 a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2017 Budget Year; seconded by Councilmember Wooden; Motion by Councilmember Urban to increase funding for the Carnation Festival by $20K to accommodate their total request of $80K; seconded by Councilmember Duran; There followed some discussion about where the $20K would come from . Motion by Councilmember Mathews to amend the amendment by funding the additional $20K for the Carnation Festival with a transfer of appropriations budgeted for the Anderson Park waterline replacement; seconded by Councilmember Urban; carried 8-0. The motion to add $20K to the line item for the Carnation Festival and deduct $20K from the line item for the Anderson Park waterline replacement carried 8-0. Councilmember Mathews stated he has several ideas for changes to the budget, but has just completed one business cycle on Council. He apologized to his constituents and promised them he'll be better prepared next year. City Council Minµtes November 28, 2016 Page 5 Councilmember Urban has concerns about the $140K for Localworks events that claim to have so many volunteers. He's heard from groups who would participate, but can't afford the sponsorship fees. He feels these events should be leveraged to assist fundraising for all local non-profits -such as a non-profit row. He suggested a membership fee for folks to participate in Localworks as a social club or for party passes so that people pay to play, and to allow true attendance to be tracked. -He also suggested $44 7K dollars for Localworks is considerable with no bidding process for their services and no discernible method to account for the claims of large numbers of attendees. Councilmember Hoppe supports a non-profit row and pointed out the $140K is for four events -the holiday lighting event, the Criterium, the Ridgefest and Truck or Treat. We are giving the Carnation Festival $80K plus $35K in in-kind. She'd appreciate if all five events gave non-profits a break on fees to help with fundraising. Councilmember Davis doesn't think the Ridge events are exclusive. Christine Disney clarified that booth fees are $25, and non-profits could be waived; actual sponsorship fees are more and vary in price. Councilmember Duran asked how much in-kind (police) is provided for the Ridge events. Mr. Goff stated that cost hasn't been tracked, but it's less than the Carnation Festival. Councilmember Mathews noted there's nothing in Localworks' 2017 budget for overhead (salaries, office), and asked 1) if Localworks has income from anyone else, and 2) what controls does the City have once $0.SM is handed over to insure the money is spent as anticipated. Mr. Goff reported that Localworks invoices the City per event or program, which includes their staff time. -He added that of the $447K budget, $SOK is for business/home loans and $140K is for the events that are invoiced as they happen. Overhead breakdown was not available. The annual report is available. Councilmember Wooden noted, as a former board member of Localworks, that the Ridge events bring people to our city and traffic to our businesses. She believes these are very important for how we're going to create a community and what kind of community we want to be. These events are hard to put on. She encouraged comparison to the cost of other events in other cities. She fully supports Localworks. Their audit is done yearly and is online with their budget. Participation is growing; the plan is working. Councilmember Duran asked if the Treasurer, for transparency, could put an itemization of the Localworks funds on the City website. Mr. DiTullio replied that he doesn't have their expenditures, but if he got the invoices he could do it. Councilmember Davis thinks if we itemize the budget of Localworks we need to do it for the Carnation Festival. Mr. Goff said it's all in the budget message. Councilmember Pond thanked staff and the people who have come to comment on the budget. He doesn't hear disagreement about investing in the City; details can be discussed during the year. Councilmember Urban noted that Localworks was used to implement the Neighborhood Revitalization Strategy (NRS). Structurally it doesn't make sense to have a group City Council Minutes November 28, 2016 Page6 preparing a strategy that declares itself the best agency to implement the strategy. He feels it would be prudent policy to have an independent agency update the NRS. Mr. Goff said Localworks requested $27,500 to update the NRS; their role is to partner with the City on outreach (hold focus groups, community engagement meetings, work with councilmembers at district meetings) to see what the community wants -not develop the strategy. Councilmember Wooden remarked that Localworks was formed out of the NRS. They assist our citizens and our City. It isn't secret. If people want to know more all they have to do it call and ask. The motion to approve the 2017 budget as amended carried 8 -0. Councilmember Davis received a consensus of 6-2 to have the City Manager look into the 2016 budget to find funds to allocate $4,500 for the Backpack program. 4. Resolution No. 48-2016 -Levying General Property Taxes for the year 2016, to help defray the costs of Government for the City of Wheat Ridge, Colorado for the 2017 Budget Year The City's mill levy will be set at 1.830 mills, raising $853,230 in property tax revenue. Councilmember Duran introduced Resolution 48-2016 Heather Geyer reported that along with adoption of the budget for 2017 Council is also required to certify the property tax mill levy. Responding to Councilmember Mathews' question, Mr. Goff reported this is the same mill levy as last year. TABOR does not allow Council to raise taxes without voter approval. Motion by Councilmember Duran to approve Resolution 48-2016, a resolution levying a mill levy of 1.830 on general property taxes for the year 2016, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2017 budget year; seconded by Councilmember Wooden; carried 8-0 5. Resolution No. 50-2016 -approving an amended and restated Development Agreement for the Fruitdale School Property Councilmember Wooden introduced Resolution 50-2016 Staff Presentation -Ken Johnstone Mr. Johnstone gave a detailed explanation of the financial aspects of the agreement. • The Wheat Ridge Housing Authority (WRHA), owns the property. • Council initially approved the agreement on February 22, 2016; it contained a variety of grants and loans. The City's portion was to be an up-to-$2.1 M short term loan and $4 70K in a one-time grant. City Council Minutes November 28, 2016 • The project remains the same: 16 loft style housing units, 5 of which will be designated as "affordable" subject to the terms of the HOME funding. Page 7 • Financing is complex and challenging. The grant and loan amounts of the City and the WRHA remain the same, but the terms have changed. o There are long and short term loans from the City and the WRHA. o Federal HOME funds, dedicated by Jefferson County, equal $680K. o State and federal historic and solar tax credits total around $2M. o Developer equity and a commercial bank loan complete the plan. o Due to the changes it was felt best to just restate the agreement. • If approved tonight and approved tomorrow by the WRHA, the closing is tentatively scheduled for December 6. • Most deal points remain unchanged. • The grants (HOME, WRHA and City) would have had significant unanticipated tax implications, so they are becoming long term loans. • Additional asbestos abatement is required -which also affects construction costs. • Sale of state tax credits also have tax implications. This is a brand new program and wasn't anticipated. It's $900K worth of good funding, but has $300K in tax. • The City's long and short term loans have changed: grants are now longer term loans; short term loans have become long term loans. • The City's funding commitments will not dip reserves below the required 17%. • The $2.1 M (short term loan) that was to come back to the City in years 2 and 3 will now come over time - a majority of it in 18 months (upon sale of tax credits), but $830K over 20 years at 5% interest. Default would result in debt-free ownership of the property by the City. • The City's $470K grant is now a 35-year loan:...... earning 5% interest to begin accruing in year 20. • The developers cash return is capped at 22%. Anything above that would be used to repay the City -beginning in year 9. • There is a "waterfall structure" that includes the City in any future refinance or sale. Andrew Knudtsen of Economic & Planning Systems, Inc. (EPS), the land use economics consultant hired to assist the City with the complex finances of this project, addressed the Council. He gave some insight into the financial components. The project is not risk free, but good public policy principles have been used. He outlined a number of elements of the agreement that are good safeguards for the City. He believes this project is a good match -noting that HEI would have a hard time finding a city that would provide terms like this, and that Wheat Ridge would have a hard time finding a developer willing to invest this kind of time structuring the various elements that are making this happen. Jim Hartman of HEI spoke briefly. This has been an enormous amount of work. The delicate balance of the funding sources has been one of the most complex challenges they've ever faced, but they are eager to get going and are optimistic. He thinks this package is actually a worst case; he anticipates this will ultimately end better for the City and be a success story. This will be the preservation of one of the most historic buildings in the City and will be a catalyst for other redevelopment. City Council Minutes November 28, 2016 Page 8 Protracted discussion followed. Public Comment Ron Abo (WR) is the architect of record for the project, but he also supports the project for historic reasons and the building's connection to the community. He thinks this project will be a huge catalyst for the 44th Ave corridor. He also vouched for Jim Hartman's attention to detail and quality. Janice Thompson (WR), WRHA chair, spoke about how all the WRHA projects are emotional for the new homeowners. The area is emotional for the residents. She's happy to see the area finally getting some attention. She thinks Mr. Hartman is brave and will keep his promises. She encouraged Council to be brave and help revitalize that area. Motion by Councilmember Wooden to approve Resolution 48-2016, a resolution approving an amended and restated Development Agreement for the Fruitdale School Property, seconded by Councilmember Hoppe; carried 7-1, with Councilmember Mathews voting no. 6. Motion to elect the Mayor Pro Tempore Councilmember Davis introduced the motion to elect the Mayor Pro Tempore Mr. Dahl offered instructions. There was no discussion. Balloting followed. Clerk Shaver announced that a majority of votes was received by George Pond. Motion by Councilmember Davis to elect George Pond as Mayor pro tern, effectively immediately, term to expire on the election of a successor; seconded by Councifmember Fitzgerald; carried 8-0. CITY MANAGER'S MATTERS Patrick Goff reported the most recent word from RTD indicates the Gold Line opening will be in 2017. CITY ATTORNEY'S MATTERS ELECTED OFFICIAL'S MATTERS Monica Duran asked about dates for a retreat and suggested Council tour some of the areas of concern. She asked if it was possible to have the retreat recorded. Yes. Mr. Goff said retreat dates begin with the Dec 19 study session discussing vision and goal setting. -Also, there will be a Christmas tree auction benefitting the Ralston House on December 3rd from 3-6pm at Stevens Elementary. City Council Minutes November 28, 2016 Page 9 Janeece Hoppe will be having a community meeting in December or January. Zach Urban reported that due to the delay in opening the Gold Line, the RTD board will be discussing temporarily reopening the shuttle from the Arvada Park-n-Ride to DIA. George Pond thanked Council selecting him Mayor pro tern . Tim Fitzgerald announced that Dec 3 is the Christmas tree lighting on The Green. He also thanked Jim Hartman for what he has gone through for Fruitdale. Kristi Davis announced that Dec 3 is the grand reopening of McDonalds at41st & Wadsworth. The ribbon cutting will be at 2:30 Larry Mathews thanked Janice Thompson for her passion about the Fruitdale project. Zach Urban made note of the City Council calendar for 2017 that was approved this evening. Joyce Jay announced Coffee with the Mayor this Saturday at 9am at Vinolla's. ADJOURNMENT The City Council Meeting was adjourned at 1 O:OOp.m. APPROVED BY CITY COUNCIL ON January 9, 2017 George Pond, Mayor pro tern 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. (lljj1'--CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291H AVENUE, MUNICIPAL BUILDING December 12. 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.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: Genevieve Wooden Janeece Hoppe Larry Mathews Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Treasurer, Jerry DiTullio; other staff, guests and interested citizens. APPROVAL OF the Minutes of the November 14. 2016 and Special Council Minutes of November 21 . 2016 and Study Session Notes of November 21 , 2016 There being no objection, the minutes of the Regular City Council Meeting of November 14, 2016, the Study Session Notes of November 21, 2016, and the minutes of the Special City Council Meeting of November 21, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Robert Vance (WR) lives on Yukon Court. He asked if Yukon Court would be widened or pushed through to 35th Avenue if this development is approved. He was informed the applicant would address that under Item 2. Vikki Ottoson (WR), on behalf of the Wheat Ridge Garden Tour, expressed support for Councilmember Duran's request to have a banner on 3Sth for the 2017 Garden Tour that will be on Saturday, July 8. She gave history of the Garden Tour, who attends it, its supporters and volunteers; listed the charities it has funded over the years; and shared why the event has value to the community. APPROVAL OF AGENDA .1:. CONSENT AGENDA City Council Minutes December 12, 2016 Page 2 a) Motion to Ratify the Mayoral reappointment of Kelly Brooks to District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021 b) Resolution No. 51-2016 -amending the Fiscal Year 2016 General Fund Budget to reflect the approval of a Supplemental Budget appropriation in the amount of $44,930 for the replacement of a Mechanical Street Sweeper [plus $75K budgeted in 2016 and $75K RAQC grant; total price $194,930; replacing 1999 sweeper] c) Resolution No. 52-2016 -amending the Fiscal Year 2016 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $26,448 for the replacement of a Public Works Department Vehicle [2000 GMC pick-up in accident Oct 2016; beyond repair; replacement is Ford F-150, ext cab, 4x4] Councilmember Pond introduced the Consent Agenda. Councilmember Duran asked to pull item a). Motion by Councilmember Pond to approve the Consent Agenda items b) and c); seconded by Councilmember Fitzgerald; carried 7-0. Motion by Councilmember Pond to ratify the reappointment of Kelly Brooks to District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021; seconded by Councilmember Hoppe. Councilmember Mathews commented he would like to address the procedure and transparency of appointments in a study session and/or at the retreat in 2017. The motion carried 4-3, with Councilmembers Mathews, Fitzgerald, and Duran voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 53-2016 - a resolution approving a Major Subdivision Plat with Right-Of-Way Vacation for property zoned Mixed Use-Commercial (MU-C) and located at the Southwest Corner of W. 38th Avenue and Wadsworth Boulevard (Case No. WS-16-03) The request for a major subdivision is to establish new lot lines, to vacate and dedicate right-of-way, and to set easements for the mixed use redevelopment of the 14-acre site. Councilmember Fitzgerald introduced Resolution 53-2016. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation City Council Minutes December 12, 2016 Page 3 Lauren Milulak entered into the record the contents of the case file, the zoning ordinance, the subdivision regulations, the Comprehensive Plan, and the contents of the digital presentation. She testified that all posting and notification requirements have been met. • The 14-acre site has been vacant since 2010. • Primary vacation is the ROW for an internal 36th Ave that was dedicated in 2003 for the expansion of the car lot, but never built. • Surrounding zoning includes mostly commercial, apartments, and condos. • Yukon Street will be extended through to 35th Avenue • The only consideration for this hearing is the subdivision plat -one of several applications that will be required, that reconfigures lot lines, vacates and dedicates ROW, and facilitates development. • Yukon Street isn't being widened, but a small sliver of the ROW (east side, north end) will be used for a detached sidewalk. • The future design of Wadsworth isn't decided yet, but staff feels the proposed lot lines will accommodate the widest possible footprint for Wadsworth. • The wetlands (drainage) tract along the southwest side will remain and be upgraded. • Drainage easements include two areas --the wetlands and an underground detention facility under the NE parking lot. • Access and emergency easements include a grid network for cars with sidewalks along most. They won't be public streets, but will function like local streets; some will be like complete streets with sidewalks and tree lawns on both sides • The extension of Yukon St to 35th provides connectivity. Connectivity through and around the site are important. • Utilities allowed in the "streets"; added easements provided for wet and dry utilities. • The ROW vacation o Will not leave any land without access o Conforms with goals of the Comprehensive Plan o Will have no negative impact on infrastructure o Reserves adequate easements Staff recommends approval. • All agencies can serve the property • The proposal complies with subdivision regulations • The vacation of W. 36th Avenue is appropriate • The Planning Commission recommends approval • Three condition for approval are recommended: • There be continued coordination on utility easements • Clarify that sidewalks are available for public use along with roadways • Subdivision Improvement Agreement (SIA) required before recordation Council questions • Zoning is in place and only preliminary drainage reports are available at this stage. • There will be no formal opportunity for public comment on the site design since site plans will be reviewed administratively. Staff could put the plans on the website. City Council Minutes December 12, 2016 Page 4 • The extension of Yukon Ct south to 35th Ave won't be a public street, but will function as one. Those living on Yukon Ct will have increased access options. • A traffic signal is being considered at 39th & Yukon. • Staff is confident the dedicated ROW will accommodate the future footprint of Wadsworth. The design for Wadsworth has advanced in the last two years. Public Comment Deana Swetlik 0JVR) was sworn in by the Mayor. She reminded Council that the decisions made for this property will be in place for decades; now is the time to make the right decisions as this is a high priority sight. She hopes the internal streets are designed as streets (not internal drives), with detached sidewalks and tree lawns. On-street parking should be required on at least one side, and she hopes all of the roadways have sidewalks. This is most critical on 35th Ave to provide parking for guests and residents, to calm traffic speeds, and to accommodate future advances in transportation technology. Area neighbors have expressed concerns about the need for on-street parking at past meetings for this site. She asked Council to assure the plat provides on-street parking on 35th Ave and all other streets. Applicant Representatives from the applicant answered the questions from citizens. Robert Turner (Littleton) reported the project has 7-8,000 linear feet of walkways. Jim Shipton (Littleton) testified that the perimeter ROW dedications accommodate sidewalks and additional tree lawns; that has been addressed internally. Regarding the grid network for internal access drives he testified that most have sidewalks immediately adjacent or nearly adjacent. Pedestrian connectivity throughout has been a key design point from the beginning. There are about 1 % miles of sidewalk. Regarding on-street parking for 35th Ave he testified that the width is there with the additional ROW, and the new curb, gutter, landscape and sidewalk on the north side is going to add a lot of the width to have on-street parking there. They haven't made a formal submittal and haven't figured out how the laneage and parking will work, but he believes the width is there to accommodates that. Mayor Jay closed the public hearing Motion by Councilmember Fitzgerald to approve Resolution No. 53-2016, a resolution approving a major subdivision plat with right-of-way vacation for property zoned Mixed Use-Commercial (MU-C) and located at the southwest corner of W. 38th Avenue and Wadsworth Boulevard (including 7690 w. 381h avenue; 3790 Yukon Court; and 3501, 3765, and 3795 Wadsworth Boulevard), for the following reasons: 1. City Council had conducted a proper public hearing that meets all public notice requirements as required by section 26-09 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendations of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. City Council Minutes December 12, 2016 Page5 4. All agencies can provide services to the property with improvements installed at the developer's expense. And with the following conditions: 1. The applicant shall continue to coordinate utility services with the appropriate agencies and any updated information regarding utility easements shall be reflected on the plat prior to recordation. 2. The access note on the cover sheet shall be modified to clarify that sidewalks are available for public use. 3. The applicant shall enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. seconded by Councilmember Pond; carried 7-0 CITY MANAGER'S MATTERS Patrick Goff reported the City closed on the Fruitdale property. There will be a soft celebration this Thursday at the Rec Center at 11am, followed by picture-taking over at the Fruitdale site. CITY TREASURER'S MATTERS Jerry DiTullio reported on the Total Funds Report. The funds from the Fruitdale liquid account have been transferred to Citiwide Bank, plus another $600K was also transferred -for a total of $2.SM. Our finds are committed, but per the auditors, we still have control of those funds and it does not lower our reserve. Those funds will be drawn periodically and should not endanger our reserve requirements. Starting in January the Total Funds Report will not reflect the Fruitdale funds. Additionally, one of the conditions was that we get the same interest rate, and they pay the transfer fees. -He thanked the councilmembers who supported WRHS with their outreach funds. CITY ATTORNEY'S MATTERS Mr. Dahl noted the Fruitdale closing lasted three hours. It was complicated since six different loans were involved. He thanked Ken Johnston and Lauren Milulak; they did so much work beforehand it made the closing go very smoothly. He appreciates their effort. ELECTED OFFICIAL'S MATTERS Janelle Shaver announced the Clerk's office has complete sets of the Colorado Revised Statutes from 2014 and 2015 that are available to anyone who wants them. Call if you are interested. Tim Fitzgerald is happy that Fruitdale has come to fruition, and that we've taken one more step on 3ath and Wadsworth. Janeece Hoppe invited folks to an information and cookie exchange on December 22 from 6:00-7:30pm at The Gathering Spot. The City Treasurer will be there to answer financial questions. -She reported the WRHS cheerleaders placed 4th out of 35 4A schools this past weekend at the CHSSA state competition. The Porns placed 1st. City Council Minutes December 12, 2016 Page 6 Monica Duran received unanimous consent to have Mr. Goff provide the funds ($2, 700) for the street banner for the Garden Tour from the 2016 budget. -She reported having won the bid on a decorated Christmas tree auctioned by the Wheat Ridge Business Association. The funds went to the Ralston House. She thanked Treasurer DiTullio for helping find a home for the tree with a Wheat Ridge High School student's family. She voiced support for conducting the retreat somewhere in our City. Joyce Jay explained that mayoral appointments are open to the public; anyone can apply. Nothing is backdoor. Mr. Mathews indicated he is interested in re-examining the procedure for all appointments for boards and commission. ADJOURNMENT The City Council Meeting was adjourned at 7:50 p.m. APPROVED BY CITY COUNCIL ON January 9, 2017 George Pond, Mayor pro tern 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. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue December 5, 2016 Mayor Pro Tern Pond called the Study Session to order at 6:30 p.m. Council members present: Monica Duran, Janeece Hoppe, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, Genevieve Wooden, and Larry Mathews Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff and interested citizens Mr. Pond informed Council the Mayor would be arriving late; her car is blocked in. CITIZEN COMMENT ON AGENDA ITEMS Richard Abitbol, who owns Rickoli's Brewery, said he just found out about this meeting today. He and the owner of Colorado Plus are concerned and would like to be involved in forming any regulations related to breweries. He asked the City to keep in mind keeping it easy for people to start small. He explained how beer production can be vital to a restaurant's survival. Distribution can be in small delivery vehicles, so don't be afraid of semi-trucks. If the brewery gets larger they will move. Staff Report(s) none 2. Small-scale Alcohol Production Facility Regulations -Ken Johnstone Mr. Johnstone explained staff is proposing some regulations to be a little more permissive for small-scale alcohol production and clarify some ambiguities. • We can make some amendments making it appropriate in certain zone districts. • This includes micro-breweries, micro-wineries and micro-distilleries. • These uses would be good addition to our commercial corridors. • Code is pretty silent. Approval was just granted for a micro-distillery on W. 44th_ • The gray area of concern is when the scale gets larger. • Lisa Ritchie has done the research comparing what other communities do. Ft. Collins is heavily borrowed from. Attachment 1, Table of Comparison, was referenced. • Two primary business models: mainly as an eatery or mainly as a production facility. Staff is proposing: 1) If you are an eating establishment you can produce limited amounts of alcohol. Where production is the major use, 2) if there is a tap room you can be in most commercial districts, and 3) if there's no tap room, you would be allowed in industrial and mixed use commercial. • The Deputy Clerk also recommends an amendment to accommodate changes to state code. Questions and discussion followed. STUDY SESSION NOTES: December 5, 2016 Page -2- • What's wrong with being silent? Is there a threshold we have to meet to be regulating it? Mr. Johnstone suggested production volumes are the issue. While he knows of no one who has walked away, it would be good to have clarity. • Where does a place like Hops fit in? Ms. Ritchie explained if the primary use is a restaurant it would be regulated as such. The threshold for production would be 15K barrels a year. • How is volume determined? Ms. Ritchie said it's judged by the size of the building permit. • The definition of tap room varies a little. • Deputy Clerk Robin Eaton provided the following information: o Wholesale manufacturing license is only required to go through the state. o The sales room application is sent to the City for approval. o Brew pubs are approved by the City first, then the State. o Regarding kitchens: The State doesn't require a kitchen at manufacturing facilities, but for brew pubs the State requires that 15% of sales come from food bought through the licensee. • There is no intent to micromanage and drive the cost up -only to have definitions and a framework in place. Mayor Jay arrived at 7:53pm. • Special Use by administrative review would be used in NC and RC districts. • An eatery that adds a microbrewery as an accessory use doesn't have to be rezoned. • A microbrewery that expands could move their production, but keep their tap room. • If Council chooses to move on, the process would go first to Planning Commission. Richard Abitbol and Eugene Kahng (Colorado Plus) were asked to comment. Mr. Kahng's concerns are about expanding on site. The 15K barrel threshold is ok with him. Mr. Abitbol agreed that 15K barrels is reasonable. Both owners are willing to work with the City on language. Councilmember Hoppe received unanimous consent to move forward addressing small scale alcohol production in our zoning code. Mayor Jay assumed the chair. 3. Regulations for new Site Design Standards -Ken Johnstone Ken Johnstone summarized existing design standards. Aesthetics have not been addressed with storm water detention facilities, site grading and retaining wall design. There have been some missed opportunities for higher quality design with retaining walls. • When new standards are developed must be cognizant of property rights, feasibility and cost. • Don't want to create a regulatory environment that make infill development difficult. • Need to be creative, as space in the City is limited. STUDY SESSION NOTES: December 5, 2016 Page -3- • With a few tools we could make things look nicer (e.g. materials, landscaping, terracing) by providing options for developers. Discussion followed . • Making things more appealing would be good. • Storm water detention does look carefully at how drainage exits a property. With single family (sf) and additions, the City has less control. It tends to be a civil matter, but the City sometimes becomes involved to address run-off issues. Grading for sf is being reviewed. Best practices were recently changed to include public works engineers in the inspection process to coordinate with planning and building. • As with the small-scale alcohol production, this ordinance would be re-examined by Council at a study session before going through the Planning Commission. • Location of drainage facilities will be addressed in the normal course of review. The greatest focus would be on drainage that's visible or adjacent to public ROW. • The application for public works projects has yet to be examined. • Staff doesn't believe the added cost to the developer will be significant. • There was caution against adding extra cost -that function should be over aesthetics. There was consent of 6-1 to support addressing design standards for grading, storm water facilities and retaining walls, and support for the standards proposed. 4. Elected Officials Report (s) Kristi Davis reported that Urban Renewal is meeting tomorrow. Tim Fitzgerald announced a public meeting about the Clear Creek Crossing development tomorrow at 5:30pm at the Rec Center. Zach Urban reported there would be a story in the Denver Post tomorrow about the Gold Line and the Base Camp of the Rocky Mountains. Janeece Hoppe reported the WR Business District didn't meet this month. -She invited everyone to join her December 22 at The Gathering Spot from 6-7:30pm for an information and cookie exchange. Patrick Goff spoke about the Clear Creek Crossing meeting. It's required of the developer. Residents and property owners within 600 feet were notified, with the intent to provide information about the development to those most impacted (traffic, light, noise, sound). The developer has a multi-phased outreach plan to communicate and get input about what kinds of stores/restaurants people would like to see. A website will be up Tuesday to show plans and designs; the City will also have robust communication. It's still early in the process so there's not much information about tenants. Right now it's about traffic and access. The passage of 2E fits perfectly for timing with this project. Closing is expected December 15; possible start of the project could be middle to end of 2017. -He had a few comments on scheduling for the retreat. STUDY SESSION NOTES: December 5, 2016 Page -4- Mayor Jay reported the holiday lighting was great. ADJOURNMENT The Study Session adjourned at 7:36 pm. APPROVED BY CITY COUNCIL ON January 9, 2017 George Pond, Mayor Pro Tern STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue December 19, 2016 Mayor Joyce Jay called the Study Session to order at 6:30 p.m. Council members present: Monica Duran, Janeece Hoppe, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, Genevieve Wooden Absent: Larry Mathews Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Heather Bergman; and interested citizens CITIZEN COMMENT ON AGENDA ITEMS none .L Staff Report(s) Patrick Goff reported for resident Dominik Breton who was present. • The WR Grange Chili Cook-Off will be Thursday, January 19 from 6:00 to 8:00pm. Bring your best recipe. Proceeds will go to the BackPack program. It is $10 to enter a Chili and $5 to be a taste tester/judge. Handouts provided. • WR Kiwanis is looking for new members. There's an informational event Tuesday, January 1 Qth from 5:30 -7:00pm at Clancy's Irish Pub for anyone who is interested. Handouts provided. 2. City Vision and Goals Discussion Heather Bergman from Peak Facilitation Group presented the key themes she heard from interviews with councilmembers. (At least two councilmembers said something for it to appear on the lists.) What is going well ..... . • Councilmembers are getting along better and being more civil to one another. • Relationship with the city manager and staff is good. • Meetings run pretty well. Members are prepared. Latitude is allowed as needed. • Councilmembers are proactive about community engagement. • 2E was an example of excellent collaboration. STUDY SESSION NOTES: December 19, 2016 Page -2- Where there is room for improvement. ..... • The Council is divided into "camps"; hard to find common ground. • There are different views about how to represent the community. • There are different views about the role of Council (how far down in the weeds). • Tone and attitude in their interactions could improve. Periodic snarkiness. Some blindsiding. No heads-up before meetings. • Need more diversity in who represents WR on outside committees and in the region; spread it around. • Public comment often by the same people; would like to hear different voices. Some follow-up with resident speakers would help them not feel ignored. • Survey results indicate that residents don't trust Council. Some councilmembers appear not to trust staff. • A more open, inclusive and collaborative relationship among councilmembers is desired. (Everyone said it's a divided council.) • Greater transparency of Council actions and decisions is desired by some. Big issues facing Wheat Ridge ......... . • Identity: The City has no identity -no shared vision of the future. • Demographic shift happening. Some want change, some don't. Different views about looking to neighboring cities for ideas. • Development: Strongly divergent views in the community about the appropriate pace, scale and nature of growth and development • Needs: It's unclear whether/how the City will address infrastructure, homelessness, veterans, drainage, environmental sustainability, etc. • Funding: Unclear if we require additional financial resources or not. • Community engagement: Council doesn't agree how to engage the community • 38th Avenue: Common theme; community dissatisfied; Council divided on how to proceed. • Families: Neighborhood revitalization is important to keeping families What do you want to get out of the retreat? ....... . Get to know each other as people. -Learn how to work together. -Learn how to trust each other. -Discuss transparency issues. -Review Council procedures. -Code of conduct. -Find some alignment on a common vision for the City and future goals. -Discuss what to do when there's disagreement about what the will of the people is. -Review staff and Council work plans. -Share top priorities. -Do we want to hear from outside speakers, or how other communities are doing things. Discussion followed. Logistics Councilmember Hoppe received consensus to have additional study session discussions on January 30 (5th Monday) and Feb 6 study session. STUDY SESSION NOTES: December 19, 2016 Page -3- All councilmembers were available to have the retreat on March 3-4. Further specifics will be determined at a later date. Mr. Goff reported that Janice Smothers is looking for a space in the City. Why have strategic planning? Ms. Bergman highlighted the reasons for strategic planning -explaining the difference between content for strategic planning and action planning steps. Lengthy discussion followed. • How the existing goals are set up was explained to the Council. • Discussion about whether to fine tune existing goals or start from scratch. • Discussion about 'where we are now' and 'where do we want to be'. • Need to focus on what success looks like and what are the goals for next year. • Homework: Each councilmember to Red line the goals It was agreed that Mr. Goff and Ms. Bergman will reconfigure the existing goals into a different format before year's end. Councilmembers will have three weekends to personally "red line" a copy of the goals and get those back to Ms. Bergman. A compilation of these goal ideas will be ready for discussion on January 30th. ~ Elected Officials Report {s) Mr. Goff pointed out the congratulatory chalkboard from the Fruitdale celebration was available if anyone who wasn't there would care to sign it. Janeece Hoppe reminded that she is having an information and cookie exchange this Thursday from 6-7:30 at The Gathering Spot. Bring cookies and priorities for discussion. Zach Urban announced a stakeholder meeting tomorrow night at 8801 Lipan St in Thornton to discuss future funding for the Arapahoe House. It's from 3-5pm. Kristi Davis reported Urban Renewal will be meeting at 6pm tomorrow. Tim Fitzgerald commented that the Fruitdale school no longer belongs to the City and they expect to have it finished by the end of summer. Monica Duran noted she would like to take a tour of the Fruitdale building. Mr. Goff said the owners plan to schedule periodic tours. Janelle Shaver reported that the final financial reports for the Issues Committees for the recent election are available on the City Clerk's page of the City website. STUDY SESSION NOTES: December 19, 2016 Page -4- ADJOURNMENT The Study Session adjourned at 8:32 pm. APPROVED BY CITY COUNCIL ON January 9, 2017 George Pond, Mayor Pro Tern