HomeMy WebLinkAboutCity Council Minutes 04-24-2017(j:)~ ~/Q)flflM~flfl ~ ~J UI U ~~1NR9Ulb ~lU~
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29rH AVENUE, MUNICIPAL BUILDING
April 24, 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 Zachary Urban Janeece Hoppe George Pond
Kristi Davis Tim Fitzgerald Genevieve Wooden
Absent: Larry Mathews (excused)
Also present: City Clerk, Janelle Shaver; City Treasurer, Jerry DiTullio; City Attorney,
Jerry Dahl; City Manager, Patrick Goff; Chief Daniel Brennan; Administrative Services
Director, Heather Geyer; Public Works Director, Scott Brink; other staff, guests and
interested citizens.
APPROVAL OF Council Minutes of A pril 10, 2017
There being no objections, the minutes of April 10, 2017 were approved as published.
PROCLAMATIONS AND CEREMONIES
Mental Health Month
Mayor Jay read a proclamation declaring May as Mental Health Month. Alia Andrews
from the Jefferson Center for Mental Health was present to receive the proclamation.
She presented the Council with a packet of materials about the Jefferson Center and
thanked the City for its support.
Child Abuse Prevention Month
Mayor Jay read a proclamation designating the month of April as Child Abuse Prevention
Month. Vanessa DeMott, from the Ralston House Board of Directors, received the
proclamation and briefly explained the many free services that Ralston House provides.
The blue pinwheels around town symbolize the children that have been brave enough to
tell their stories and are no longer victims, but survivors. Children from Ralston House
presented the councilmembers and Mayor with blue pinwheels.
Cub Scout Den Pack #582 was present. The pack is working on Citizenship in the
Community merit badges. Bob Major, the pack leader, thanked the Council and Mayor
for letting them come.
Bond Document Signing
A signing ceremony was held to sign the documents related to the 2E bonds.
City Treasurer Jerry DiTullio, Mayor Jay and City Manager Patrick Goff participated.
City Council Minutes April 24, 2017 Page2
CITIZENS' RIGHT TO SPEAK
Jesse Hill (WR) congratulated the Council on their productive retreat. He spoke about
the funds the City has from the utility tax for undergrounding. He would like to see a plan
for how the 1 % funds are to be spent. He suggested that District 1 needs some
undergrounding.
Britta Fisher (WR) thanked Council for its support of Localworks events. She
announced the Criterium and Brewfest that will be on Sunday, June 11, 8 am -8pm.
She gave some details about the event and asked for volunteers. She noted that
postcards have gone out that tell of upcoming Localworks event for the next four months.
APPROVAL OF AGENDA
Mayor Jay explained that an error had been made in the published agenda. Resolution
No. 11 (originally published as Item #2) belongs in the consent agenda and will be
considered as such. Resolution No. 12 (originally published as Item bin the Consent
Agenda) should be agenda Item #2 and will be considered as such.
[Clerk's note: Changes to the agenda are reflected in the minutes.]
1. CONSENT AGENDA
a) Motion to award ITB-17-11, Concrete Rehabilitation and ADA Improvements,
Project Base Bid and Bid Alternate 1 to Majestic Concrete Contractors, Inc.,
Golden, CO, in the amount of $223,403.20, with a contingency amount of
$11, 170 for a total of $234,573.20 [budgeted; standalone concrete project for
curb ramps (ADA compliance), preventative maintenance, and concrete speed
humps, and related signs and markings for NTMP (traffic calming)]
b) Resolution 11-2017 -A Resolution approving an Intergovernmental Agreement
with the City of Lakewood providing for resurfacing of 32nd Avenue between
Union Street and Kipling Street with an estimated cost of $97 ,695.98 to the City
of Wheat Ridge [budgeted]
Councilmember Pond introduced the Consent Agenda.
Motion by Councilmember Pond to approve Consent Agenda Items a) and b); seconded
by Councilmember Duran; carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 12-2017 - a Resolution establishing a street width for 29th Ave.
from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th
Avenue, and for 30th Avenue from Harlan Street to Fenton Street
City Council Minutes April 24, 2017 Page 3
The Intergovernmental Agreement (IGA) with Denver Water related to the reconstruction
of the Ashland Reservoir at 29th & Fenton includes improvement of adjacent streets. The
City will also be straightening 29th Avenue. Street width designation is required by the
City Charter.
Councilmember Hoppe introduced Resolution 12-2017.
Mayor Jay opened the public hearing.
Staff Presentation
Mark Westberg gave a short power point outlining the plans for 29th, Fenton and 30th
Avenues.
• The Ashland Reservoir project obligates the City to straighten out 29th Ave.
• The traffic signal at 29th & Fenton will be removed. It does not meet warrants; it was
only there because of the adjacent hill (which is being removed).
• Denver Water is obligated to add streetscape improvements to 30th Ave and Fenton.
• Existing and proposed street widths vary.
• $435K is in the budget this year for it.
• The City is currently negotiating with Denver Water on terms for reimbursement of
their portion of the project. The IGA will come to Council on May 22, 2017.
• A piece of the project is in Edgewater. They may have funds for this next year.
• 29th Ave west of Gray St will remain at 26 ft wide, with periodic pockets of on-street
parking.
• 29th Ave between Gray and Fenton is proposed to be 32 ft wide, with on-street
parking on the entire south side.
• East of Fenton the width of 29th Ave will not change.
• Fenton is sub-standard in width by 2 feet; it will be widened a couple feet to better
accommodate on-street parking. The tree lawn will shrink to 4 ft and possibly consist
of porous pavers to provide irrigation for the trees that will go in.
• 30th Ave was overbuilt. It will be shrinking to 38 ft. On-street parking will be available
on both sides. A tree lawn and sidewalk will be included.
• The construction contract should be awarded in late July, with construction to start in
August.
Public Comment
Mario Nicholais (Lakewood), general counsel for Village Senior Living, the management
company for Wheat Ridge Manor, said they support this plan, believing it will make it
safer for their residents and visitors. They would very much like the Council to consider
passing an ordinance that allows angled parking; they would apply for that. It would
accommodate more cars, encourage visitation, and be safer when entering and exiting
cars. They would support further widening to accommodate angle parking.
Jay Moskowitz (WR), one of the owners of Wheat Ridge Manor, supports widening
Fenton. They would like to work with the City to improve access to their facility. They
appreciate the changes to the reservoir, but impact studies show these construction
years have hurt them financially by hundreds of thousands of dollars. He explained how
City Council Minutes April 24, 2017 Page4
angle parking would be safer for residents and visitors, and better accommodate fire
engines and ambulances.
Ray Magee (WR) lives at (and owns) 29th & Ingalls and has issues related to parking. He
is upset that at the public meeting several months ago he wasn't informed that his
parking ·would be reduced from five spaces to two. He told of another apartment that will
also lose parking. The City does not seem responsive about the negative impact to
neighbors.
From Council questions Mr. Westberg testified that
• Our Code does not allow front-in angled parking because it is dangerous.
• · The ROW needed to widen Fenton Street isn't available.
In addressing various parking issues at area apartments on 29th, Mr. Westberg added
• The City is not obligated to provide parking for tenants.
• Existing unimproved gravel shoulders are public ROW.
• ADA compliance dictates driveway treatments.
Mayor Jay closed the public hearing.
Motion by Councilmember Hoppe to approve Resolution 12-2017, a resolution
establishing street widths for 29th Avenue from Ingalls Street to Fenton Street, for Fenton
Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan to Fenton
Street; seconded by Councilmember Duran; carried 7-0.
ORDINANCES ON FIRST READING
3. Council Bill 08-2017 -An ordinance referring a Ballot Question at the Regular
Municipal Election on November 7, 2017 concerning the restriping and repaving
design configuration of 3Bth Avenue between Sheridan Boulevard and Wadsworth
Boulevard
Motion by Urban to allow public comment on 1st Reading; seconded by Councilmember
Duran; carried 7-0.
Councilmember Urban introduced Council Bill 08-2017.
The ordinance refers a ballot question to the electorate at the November 7 election
requiring the City to restripe and repave 38th Avenue between Sheridan and Wadsworth
to at least a four-lane configuration when the street is repaved. Repaving is budgeted at
$750,000.
Public Comment
Herb Schillereff (WR) spoke in favor of putting this question on the ballot. He thinks it
should be four lanes, and citizens should be allowed to vote on it. He noted the upcoming
widening of Wadsworth and all the traffic that will be coming onto 38th.
City Council Minutes April 24, 2017 Page 5
John Genova (WR) doesn't think 3Sth is a problem. People have repeatedly voiced
support for a safe, walkable 3Sth Ave., and wide sidewalks, amenity zones, and parking
can't fit with four lanes. He doesn't think $750K should be spent on a project that doesn't
meet amenity requirements; it makes more sense to spend it to solve tangible
infrastructure problems. Turning 3Sth into a freeway is fiscally irresponsible and betrays
the trust of the people who attended the meetings.
Karen Stanley (WR) feels putting this on the ballot is disingenuous to the Cre8 Your 38
process. She thinks 3Sth is working nice and doesn't think the community wants a
freeway. She cited school safety, and noted the lane reduction only adds two minutes for
her commute.
Amber Wilson (WR), VP of Perrins Row HOA Board, stated their residents do not think
this should go to a vote. They want on-street parking, and believe three lanes better
serves the safety and comfort of their residents.
Sundari Kraft (WR) requested this not be referred to the ballot. She referenced an
article from 1994 about the width of 38th being a contentious issue and doesn't think
putting this on the ballot will solve anything. She thinks the timing is bad with the
development at 3Sth & Wadsworth coming. There is no need for this. Sales tax is up and
there are no safety issues. Putting it on the ballot is a waste of $750K, Council's time,
and social capital. She listed other issues she feels are real problems to be addressed.
Kristine Disney (WR) thinks this ballot issue is na"ive and does nothing but return a few
blocks to a 45mph speed. She thinks there are more pressing issues than having to slow
down for a few blocks. She suggested turning left into traffic takes a long time; the
number of lanes doesn't matter. Traffic counts are the same as before three lanes; sales
tax is up; some businesses/residents have moved here because of three lanes. She
thinks 38th is working and the money should be spent on real problems; this isn't
important. She asked Council to kill it on 1st reading.
Kim Calomino (WR) recommended thinking holistically. She focused on the economic
development that is happening with three lanes: Localworks' marketing of the Ridge, the
pop-up cafes and landscaping, Localworks' creation of large events and engagement of
the 38th Ave business community. Events have been successful; revenue is up; traffic
volume hasn't declined and is slower. This ballot approach addresses only one issue; we
are capable of better. This is unnecessarily divisive. She favors the pursuit of an
economic and socially vibrant main street. She asked Council not to put it on the ballot.
John Clark (WR) distributed to Council a recent column in the Denver Post encouraging
cities not to eliminate traffic lanes on major arteries. Having recently opened a business
on 38th, he testified that traffic is not safe. He believes 38th will never be safe -no matter
how many lanes it has, because it's the people driving. He noted all the folks who came
tonight to speak up about 38th Ave, but only two people came to address the school
board. Three lanes isn't the fix-all for the City if they are gutting our schools. Three lanes
and walkability doesn't make a great city if the schools are terrible. And no one is paying
attention. He encouraged Council to put it on the ballot, make a decision, and move on
to something important.
City Council Minutes April 24, 2017 Page6
Rachel Hultin (WR) would support four lanes on 38th if it included the slowing of traffic
and revitalization elements such as sidewalks, gathering places, landscaping, art, and
place making. Whenever citizens have been asked about three vs four lanes they have
always supported three lanes. She asked why the outcome of the Cre8 Your 38 process
isn't being implemented since so many people participated and the support was for three
lanes. The only questions should be about investment in the vision. Citizens have not
once asked for four lanes. She would like to see real money put to real problems.
Bill Cosselmon (WR) told of a beach city in North Carolina that didn't just restripe a
road; they also built the sidewalks and islands. It lasted one season and they had to tear
it out -at a very high cost. He thinks it would be a good idea to put it on the ballot.
Albert Gallo (WR) said Tennyson (from where he moved recently) has real traffic
problems. He's learning the history since he's only lived here six months. He supports
this being on the ballot, but questioned what the goal is and doesn't think it will solve
anything. He asked Council to represent him and keep it the way it is. He prefers three
lanes and thinks four lanes eliminates walkability.
Britta Fisher (WR) shared that the consensus of the Localworks board is for the three
lane plan. She said what's important is what happens beyond the curbs and this ballot
issues doesn't do that. It neglects businesses, residents and community stakeholders.
Sales tax is up, the vacancy rate is down, vehicle speeds are down, and vehicle counts
are consistent. She encouraged Council not to give us another confusing ballot question,
and to follow through on 2E and remained focused.
Kathleen Martell (WR) thinks the community is more united with the passage of 2E; she
has hope. 38th is a place for our people to come together and she doesn't want it to be
changed. This ballot issue doesn't address many issues. This is the wrong time for this
when there are so many things to be positive about. She asked Council to stop this now.
Motion by Councilmember Urban to approve Council Bill 08-2017, an ordinance referring
a Ballot Question at the Regular Municipal Election on November 7, 2017 concerning the
restriping and repaving design configuration of 38th Avenue between Sheridan Boulevard
and Wadsworth Boulevard on first reading, order it published, public hearing set for
Monday, May 8 at 7:00 p.m. in City Council Chambers, and that it take effect fifteen days
after final publication; seconded by Councilmember Duran.
Council comments followed.
Councilmember Hoppe will vote to go to second reading to give more people an
opportunity to speak on it.
Councilmember Davis agreed it's about amenities, not lanes. She listed a number of
development variables that are happening now. She believes the Council should wait
and noted the people who want four lanes also want sidewalks and amenities.
Councilmember Wooden entered into the record a stack of 30 emails she received on
this, noting that 29 emails did not support it. This Council Bill was written by one
City Council Minutes April 24, 2017 Page?
councilmember, was done when three members were out of town, needs a study session
with public input, and should have input from all eight members. She'll vote no.
Councilmember Urban noted that 3ath Avenue was to go on the ballot last year, but it was
pulled in deference to 2E. Since 3ath Ave is slated for repaving/restriping in the 201a
budget, he felt it made sense to ask voters what they want. The restriping piece adds no
cost. The Crea Your 3a process did distill down to 3 lanes, but in 2014 voters rejected
that vision by 15%. If Crea Your 3a is the will of the people, this will fail. If it passes, we
will have listened to the people.
Councilmember Fitzgerald said he would vote no for a number of reasons. He said we've
been talking about this issue for 20 years and the processes of the last four years have
been a lot of work for our staff. This wastes time and keeps us from moving forward.
Councilmember Duran explained all the reasons why she thinks this should go on the
ballot: The 2011 three lane plan was a pilot study. 28 tailed in 2014. Two major housing
units are coming to 3ath (Upham and Wadsworth). The Wadsworth widening with two
turn lanes going onto 3ath will add to the congestion and diminish safety. 1 % of the city
bikes to work, 90% ride in vehicles to work; those 90% deserve a voice. She supports
giving citizens a say in how their tax dollars are spent and she will honor any outcome.
Councilmember Pond spoke about the importance of what happens beyond the curbs.
He will not waste the momentum that is happening in the City. He will vote no because it
isn't the right context, it's not the right question, and it's not the right time.
Treasurer DiTullio commented that analysis indicates that sales tax revenue has
increased in all segments of the 38th Avenue corridor since 2010. One could debate the
reasons, but the increase is factual.
Motion by Councilmember Davis to call for the question; seconded by Councilmember
Fitzgerald.
Clerk Shaver reported she had been asked by Councilmember Pond to include 21 emails
in the record. Anticipating there may be duplicates, she asked if she could peruse
Councilmember Wooden's stack for other names and include them with the other 21.
Councilmember Wooden agreed.
The motion to call for the question carried 7-0.
The main motion failed 3-4, with Councilmembers Wooden, Fitzgerald, Davis and Pond
voting no.
CITY MANAGER'S MATTERS
Mr. Goff had nothing to report.
CITY ATTORNEY'S MATTERS
Mr. Dahl had nothing to report.
City Council Minutes April 24, 2017 Page 8
ELECTED OFFICIAL'S MATTERS
Jerry DiTullio reminded folks of the community meeting May 4 at the Rec Center from
6:30-8. He noted that Wazee Partners would not be there as had been advertised.
Janelle Shaver clarified that the controversy over 38th Avenue in 1994 involved the
section of road from Cody to Kipling. It had nothing to do with 3Sth Ave from Wadsworth
to Sheridan.
Zach Urban offered congratulations to the WRHS STEM program. He attended the gala
and enjoyed meeting the students. He acknowledged the teachers for their great efforts.
ADJOURNMENT to Executive Session at the conclusion of the Special Study
Session
Motion by Councilmember Pond to recess the Regular Meeting until after the Special
Study Session, and following that session reconvene and go into Executive Session for a
conference with the City Attorney, City Manager, and appropriate staff under Charter
Section 5.7 (b)(1) and Section 24-6-402(4)(b), C.R.S.,,to receive legal advice concerning
litigation; and further to adjourn the Council meeting at the conclusion of the executive
session; seconded by Councilmember Urban; carried 7-0
ADJOURN TO SPECIAL STUDY SESSION
The City Council Meeting was recessed at 9:08pm. A Special Study Session followed.
EXECUTIVE SESSION
Following the Special Study Session, the Executive Session convened at 9:34pm in the
Lobby Conference Room and was adjourned at 10:52pm. Mayor Jay announced a return
to the open meeting and declared it adjourned.
CIL ON May 8, 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.