HomeMy WebLinkAboutCity Council Minutes 03-27-2017~~ ~f61qmN1rrsrm ~~ ~ U U ~~U\J~lb lDJULf\J~ U ~
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29rH AVENUE, MUNICIPAL BUILDING
March 27, 2017
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
Tim Fitzgerald
Zachary Urban
Larry Mathews
Janeece Hoppe
Members Absent: Kristi Davis (excused), Genevieve Wooden (excused), George Pond
Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick
Goff; Parks & Recreation Director, Joyce Manwaring; Community Development Director,
Ken Johnstone; other staff, guests and interested citizens.
APPROVAL OF Minutes of the City Council Meeting of March 13, 2017 and Notes of
the Study Session of March 6, 2017
There being no objections, the Minutes of the Council Meeting March 13, 2017 and the
Notes of the Study Session of March 6, 2017 were approved as published.
PROCLAMATIONS AND CEREMONIES
Victim's Rights Week
Mayor Jay read a proclamation declaring the week of April 2-8 as Crime Victims' Rights
Week. Jay Hardesty, VOi board member, received the proclamation and thanked the
City of Wheat Ridge and its Police Department for the many years of support and the
good relationship.
Arbor Day and Tree City USA
Mayor Jay read a proclamation declaring Saturday, April 26 as Arbor Day. Margaret
Paget, the City Forester, announced that a Girl Scout troop will be helping plant trees on
Arbor Day. Rick Murray, Parks, Forestry & Open Space manager, introduced Robin
Rice, our new forestry technician, and thanked Keith Wood for his help over the years
keeping them up on tree issues and identifying problems.
Keith Wood of the Colorado State Tree Service presented the award of Tree City USA
and congratulated the staff on their hard work over the years. Once again all standards
for being a Tree City have been met. This is the 38th year for Wheat Ridge as a Tree
City.
CITIZENS' RIGHT TO SPEAK
City Council Minutes March 27, 2017 Page2
Dorothy Archer (WR) is concerned about the R-1 code. She thanked Council for setting
the R-1C height limit at 25 feet with a 15 bulk plane, but hopes the R-1 limit is addressed
as soon as possible. People don't realize if they are zoned R-1 a house could be sold,
scraped, and a 35 foot flat-topped house could be built 5 feet from their fence. We are
losing who we are and why we live here. We are very vulnerable to the changes
happening in north Denver. The added population of 500-1,000 in the new apartments
(38th & Upham and WR Corners) is enough. She encouraged concerned citizens to
speak to their councilmembers and attend any Council meetings addressing this issue.
Colin Anonson, director of constituent services for Congressman Ed Perlmutter,
announced an upcoming event called Making Housing Affordable. A panel will present
on making housing affordable, followed by a resource fair. It will be Saturday, April 8 at
Alameda HS from 10am to noon.
APPROVAL OF AGENDA
Councilmember Duran asked to add an agenda item to discuss sponsorship of a table for
the Seniors' Resource Center Gala. The Mayor said that should happen under Elected
Officials' Matters. Mr. Dahl advised that no money can be spent under Elected Officials'
Matters.
Motion by Councilmember Duran to add Agenda Item 6, the sponsorship of a table at the
Senior's Resource Center Gala; seconded by Councilmember Urban; carried 4-1, with
Councilmember Fitzgerald voting no.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill 04-2017 -An Ordinance extending the Temporary Moratorium of the
submission, acceptance, processing, and approval of applications and requests for
a permit, license, land use approval or other approval for a Freestanding
Emergency Room
The current one-year moratorium will expire in April of 2017. The financial impact (loss of
fees) of extending the moratorium is likely nominal. Staff recommends approval.
Councilmember Hoppe introduced Council Bill 04-2017.
City Clerk Shaver assigned Ordinance No. 1616.
There was no staff presentation.
Mr. Dahl advised the Charter requires 5 votes to approve an ordinance on 2nd reading.
Mayor Jay opened the public hearing.
Citizen Comment
City Council Minutes March 27, 2017 Page 3
Carol Salzman (WR}, Lutheran Hospital, gave some history on free standing emergency
rooms. Originally intended for underserved rural areas, they have spread to urban and
suburban areas where they have actually caused delays in treatment and a lot of
confusion with consumers about transparency, pricing, and insurance coverage.
Lutheran is asking that the moratorium be extended for one year (instead of six months) if
possible. While the legislature enacted no regulations this year, it's likely there will be
legislation in 2018 that will result in a licensing system that does not allow these facilities
in areas like Wheat Ridge that already have critical care services.
There were no questions from Council.
Mayor Jay closed the public hearing
Motion by Councilmember Hoppe to approve Council Bill 04-2017, an ordinance
extending the temporary moratorium of the submission, acceptance, processing, and
approval of applications and requests for a permit, license, land use approval or other
approval for a freestanding emergency room, on second reading, and that it takes effect
fifteen (15) days after final publication, seconded by Councilmember Duran.
Councilmember Urban asked if the moratorium could be extended to one year. Mr. Dahl
advised that Council can chose the amount of time for a moratorium, but it cannot use a
moratorium as a ban in disguise. There must be evidence that it is a reasonable amount
of time needed to develop regulations. In this case, there is that evidence.
Motion by Councilmember Urban to amend the main motion by changing the length of
the moratorium from 180 days to 365 days [page 2, section 2], to allow time for the
Colorado General Assembly to act on this matter; seconded by Fitzgerald; carried 5-0.
The main motion, as amended, carried 5-0.
ORDINANCES ON FIRST READING
2. Council Bill 05-2017 -An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws concerning the Regulation of Small-Scale Alcohol Production
Facilities (Case No. ZOA-17-01)
Our zoning code is silent with respect to alcohol production facilities. Small brewery
operations have been handled on a case-by-case basis by classifying them as light
industrial or restaurant uses. This ordinance will provide clarity for staff and potential
businesses
Councilmember Mathews introduced Council Bill 05-2017.
Motion by Councilmember Mathews to approve Council Bill No. 05-2017, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of
small-scale alcohol production facilities, on first reading, order it published, public hearing
City Council Minutes March 27, 2017 Page4
set for Monday, April 10, 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 5-0.
3. Council Bill 06-2017 -An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws concerning the Regulation of Site Design Standards for Site Grading,
Retaining Walls and Stormwater Facilities (Case NO. ZOA-17-02)
Our zoning code does riot address site grading, storniwater facilities, and retaining walls.
This ordinance establishes reasonable minimum standards for their design.
Councilmember Duran introduced Council Bill 06-2017, and noted that no financial
impact on the City is expected.
Motion by Councilmember Duran to approve Council Bill No. 06-2017, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of site
design standards for site grading, retaining walls and stormwater facilities, on first
reading, order it published, public hearing set for Monday, April 10, 2017 at 7:00 p.m. in
City Council Chambers, and that it take effect 15 days after final publication; seconded by
Councilmember Hoppe; carried 4-1, with Councilmember Urban voting no.
4. Council Bill 07-2017 -An ordinance amending various provisions of Article 1 of
Chapter 22 of the Wheat Ridge Code of Laws concerning City Sales and Use Tax,
and Section 11-68 of the Wheat Ridge Code of Laws, concerning proration of the
Annual Liquor License Occupation Tax
This ordinance includes two sets of tax code updates that are intended to simplify the
City's tax code and make it more business-friendly.
• Implementation of standardized definitions developed by municipal tax
professionals, the business community and the Colorado General assembly.
• Miscellaneous revisions for efficiency, clarity, and consistency.
Councilmember Urban introduced Council Bill 07-2017
Motion by Councilmember Urban to approve Council Bill 07-2017, an ordinance
amending various provisions of Article 1 of Chapter 22 of the Wheat Ridge Code of Laws
concerning City sales and use tax, and Section 11-68 of the Wheat Ridge Code of Laws,
concerning proration of the annual liquor license occupation tax on first reading, order it
published, public hearing set for Monday, April 10, 2017 at 7:00 p.m. in City Council
Chambers, and that it take effect immediately upon adoption; seconded by
Councilmember Mathews; carried 5-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Councilmember Mathews reminded the public that Item 5 is a 2E project.
City Council Minutes March 27, 2017 Page 5
5. Motion to award a contract to Moore lacofano Goltsman, Inc. in the amount of
$124,950 for the Anderson Park Renovation Master Plan.
Preparation of the master plan includes focus groups, community and stakeholder
meetings, and review/recommendations by the Parks Commission. Items to be
addressed include: functions, traffic flow, the entryway, the Anderson Building, the bath
house renovation, pavilion replacement, field rehab, and the addition of new amenities.
Councilmember Fitzgerald introduced Item 5.
Joyce Manwaring updated. This is part of the 2E bond issue. It is the first step in the
process and will take 8-10 months. Opportunities for public input will be posted on our
website on the project page for Investing for the Future.
Council questions
The schedule for public input opportunities will be posted on the website 2-4 weeks in
advance. Public meetings will be during the summer.
Motion by Councilmember Fitzgerald to award a contract to Moore lacofano Goltsman,
Inc. in the amount of $124,950 for the Anderson Park Renovation Master Plan; seconded
by Councilmember Duran; carried 5-0.
6. Sponsorship of a table for the Seniors' Resource Center Gala
Councilmember Duran confirmed that the Seniors' Resource Center is having a gala this
summer --a fund raiser and for the retirement of John Zabawa. A table for ten is $2,500.
Motion by Councilmember Duran to sponsor a table for the Seniors' Resource Center
Gala in the amount of $2,500; seconded by Councilmember Mathews.
Councilmember Hoppe received clarification that $3,000 is budgeted this year for table
sponsorships.
The motion carried 5-0.
CITY MANAGER'S MATTERS
Mr. Goff announced there will be a ribbon-cutting tomorrow at 1 Oam for the new Wheat
Ridge Animal Hospital off 44th, west of Kipling. -He also reported that the 2E sales tax
bond sale was successful. In selling $33M worth of bonds there were $165M in offers.
They were able to negotiate and the interest will be only 2.6%. Closing is set for May 2.
CITY ATTORNEY'S MATTERS none
ELECTED OFFICIAL'S MATTERS
City Council Minutes March 27, 2017 Page 6
Janelle Shaver reported that the Liquor Authority had its required yearly election of
officers. Claudia Worth is the new President and Bruce Macintyre is the Vice Chair. -
She also reported that the Show Cause Hearing for Big Willie's has been continued yet
again until April 13 at 9:00am in Council Chambers, if anyone wants to attend.
Monica Duran asked if Council could go through the steps of the appointment process
for mayor pro temp at the next study session.
Zach Urban passed out copies of a council bill he'd like to see introduced in the future.
He would like to have this ordinance reviewed by the City Attorney for legal accuracy, for
legal sufficiency, and if it achieves the goal of allowing the introduction of this ordinance
before City Council on April 24 to result in the placement on the ballot of a question
posed to the citizens of Wheat Ridge concerning whether the lane configuration and
associated designs of 39th Avenue (Wadsworth to Sheridan) should stay in the current
configuration or be reverted to what may be considered the 2011 or 2010 configuration.
He noted that the sales tax issue is completed, but the issue of 39th Avenue remains
unresolved from last summer. We owe it to the voters to give them the opportunity to
decide this definitively, once and for all.
Motion by Councilmember Urban to have the ordinance reviewed by the City Attorney for
legal sufficiency and come before Council on 1st Reading on April 24; seconded by
Councilmember Duran.
Discussion followed.
• Councilmember Hoppe thinks this is a surprise since three members are absent;
she'd prefer having it on the agenda of the next business meeting.
• Councilmember Fitzgerald noted there have been years of discussion and conflict
about this issue .. He pointed out that promises were just made at the retreat that
there wouldn't be surprises. He thinks this is strategic and is dirty pool since three
aren't here. He agrees this should be on a study session agenda.
• Councilmember Duran stated that dirty pool would be to pass a resolution on this
tonight. Instead, Councilmember Urban brought this forward this way so we can have
a conversation when everyone is here.
• Councilmember Mathews noted that by the time we get through the process, there will
be plenty of time for everyone to discuss it. He reminded that Council dropped this
suddenly, without notice, last year at 2nd Reading. Perhaps this is a surprise tonight,
buy no real action is happening other than to get it on the table. He doesn't see that
as objectionable.
Substitute Motion by Councilmember Hoppe to move the review of Councilmember
Urban's ordinance to a study session and to follow the regular process; second by
Councilmember Fitzgerald.
During discussion Mr. Dahl advised that the main motion charges him with reviewing Mr.
Urban's ordinance and recommending changes. The consequence of approving the
substitute motion would move the discussion of whether or not he should carry out that
charge to a study session.
City Council Minutes March 27, 2017 Page 7
Discussion continued.
Councilmember Hoppe amended her motion to stipulate that the discussion would occur
at the April 3 study session. The second consented.
There was further discussion.
The substitute motion failed 2-3, with Councilmembers Mathews, Urban, and Duran
voting no.
The main motion carried 3-2, with Councilmembers Fitzgerald and Hoppe voting no.
Tim Fitzgerald thanked those who came to the listening meeting he and George Pond
had last Saturday --including the Police Chief.
Larry Mathews reported attending the Activate 38 meeting on Thursday. He noted this
is funded by Kaiser. His concerns are to make sure what the real goal is, and he doesn't
want citizens to have expectations that construction is imminent. This isn't even a City-
sponsored study; it's a project of Localworks, yet a City engineer is at their disposal. Ms.
Hoppe advised that the grant is only to clarify areas of need and put together a list of
priorities; it has no action plan.
_Joyce Jay announced Coffee with the Mayor this Saturday, 9am at Vinnola's. -Also,
the Capture Wheat Ridge photo exhibit is this Saturday at Sons of Italy at 7pm. Several
restaurants will be bringing providing food and the contest winners' photos will be on
display. Tickets are $50.
ADJOURNMENT
The City Council Meeting was adjourned at 8:00 p.m.
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.