HomeMy WebLinkAboutCity Council Minutes 09-25-2017~ (r)fO\fHIM~nn nvnnrrm~···.' ~lU Qf ~lJ:!JIDJ~~ ~UJ~
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 291H AVENUE, MUNICIPAL BUILDING
September 25, 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
Kristi Davis Tim Fitzgerald
Janeece Hoppe
Genevieve Wooden
George Pond
Larry Mathews
Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; Chief Daniel Brennan;
other staff, guests and interested citizens.
APPROVAL OF Council Minutes of August 28, 2017 and September 11 . 2017 and
Special Study Notes of August 28, 2017 and September 11 , 2017
There being no objections, the minutes of August 28, 2017 and September 11, 2017 and
Special Study Notes of August 28, 2017 and September 11, 2017 were approved as
published.
PROCLAMATIONS AND CEREMONIES
Presentation of Police Department CALEA Award
Chief Brennan presented to City Council and the citizens the Police Department's third
national advanced accreditation award from CALEA (Commission on Accreditation for
Law Enforcement Agencies). Accreditation manager Colleen Slater and Commander
Mike Hendershot were present. The goal of this three-year process is to improve service
delivery and establish best business practices in policies, procedures and operations.
The standards covers 38 topical areas and 484 standards which cover every aspect of
policing. It requires serious teamwork, commitment and perseverance. Besides
honoring Ms. Slater, recognized Michelle Stodden, Nicole Abney, Laura McAvoy, the
police management, and human services for helping to receive the award. In April an out-
of-state assessment team spent four days reviewing files, interviewing employees and
citizens, and conducting a public hearing on compliance to standards. Their report went
to CALEA. On July 29 Ms. Slater, Division Chief Pickett and Chief Brennan met with
representatives of GALEA to answer questions about the report. No compliance issues
were found.
CITIZENS' RIGHT TO SPEAK
Thomas Lundy (WR) urged the City to appeal the summary judgement of Judge Enquist
in the case of Longs Peak Metropolitan District v City of Wheat Ridge. He feels this
ruling is deeply flawed and could be appealed successfully. He gave reasons:
1) Judge Enquist failed to accommodate that Wheat Ridge is a home rule city.
City Council Minutes September 25, 2017
2) Judge Enquist has a history of handing down uninformed decisions related to
municipal law. He cited an example.
Page 2
3) This ruling is inconsistent with the Littleton TIF Reform Charter change which served
as some basis for Question 300 and has stood the test of time.
4) Expense is no excuse. With CIRSA covering most attorney fees, the cost of the
appeal should not be expensive for the taxpayers or time consuming for the staff.
He announced his intention and ability to file suit against the City should they decline to
defend the will of the voters. He's conferred with expert counsel and as one of the filers
of Question 300 he has uncontestable standing. He urged Council to do the right thing.
Natalie Menten, RTD Board, gave an update on the Gold Line. The RTD board,
including herself, is very frustrated as the process continues to be delayed due to
repeated need to file requests for waivers. Most recently the timing of the gates was
adjusted; now the FRA (Federal Railway administration) is requesting adjustments to how
the system should operate. RTD awaits a response on their most recent submittal and
they hope it will be approved. RTD is also filing with the Public Utilities Commission to be
able to continue to test. She would like to have a community meeting on this and would
appreciate being able to use the Council Chambers and that it be at a time that is
convenient for the public. They will continue testing on gates and when that passes they
will be able to move forward. She noted RTD is filing a separate application for the A
Line -to be able to operate under a permanent waiver.
Ms. Menten also reported it is time to do service changes. There are no changes
affecting the Wheat Ridge area -except for the West Line. The closest public hearing for
that will be this Thursday at the Golden Community Center at 6pm. She referenced the
handout she had distributed to Council showing the service changes. The route from the
Federal Center out to the Jeffco Government Center is moving from 15 to 30 min
intervals. Also, for all lines, the last trip of the evening, Monday through Thursday at
1: 15am, will be eliminated.
She is hopeful a public meeting can be arranged so more detail can be given on the Gold
Line and the service changes, and the public can offer input before the board votes on
this October 24.
Motion by Councilmember Mathews to have a public meeting in Council Chambers at a
date and time to be determined before October 24 so RTD can present more information
and to allow citizens to ask questions about the service changes and the Gold Line;
seconded by Councilmember Fitzgerald.
There were a few questions from councilmembers.
The motion carried 8-0.
There were more questions from councilmembers.
Dorothy Archer (WR) asked if a study session date has been set to address the issue of
35 ft flat roofed allowances in all zones except R1-C and R-3. Councilmember Pond
said it is tentatively scheduled for November 20. Ms. Archer asked that Council post
City Council Minutes September 25, 2017 Page3
articles in all three papers as this issue is of great concern to many citizens. Citizens
should be aware that any house in their neighborhood can be purchased, scraped, and
replaced with a single home or duplex 35ft high (three stories), flat-roof house only five
feet from their property line. She urged people to come to this meeting on November 20
so we can keep Wheat Ridge the bright place that it is. She expressed her concern for
affordable housing and gave the market rates for houses in the east and west parts of
Wheat Ridge. She urged Council to put articles in the paper making citizens aware of
this situation and the meeting on November 20.
Maureen Daly (WR) urged the Council to appeal the judge's ruling about Question 300.
She acknowledged that Council doesn't always know the wishes of the citizens when
they vote on things, but on this item they do know that the majority of Wheat Ridge
residents want Question 300. She asked Council to represent the wishes of the majority
regardless of their personal views.
APPROVAL OF AGENDA
DECISIONS, RESOLUTIONS AND MOTIONS
1. Resolution 34-2017 - a resolution concerning the proposed Redevelopment at the
southeast corner of 44th Avenue and Jellison Street authorizing a Cooperation
Agreement pertaining to the collection of Tax Increment Financing (TIF)
The Wheat Ridge Urban Renewal Authority (URA) has negotiated a redevelopment
agreement with the Sheard Family Trust for a commercial redevelopment of the subject
property. The owner has requested financial assistance of $767,383 for related, eligible
improvements. Property and sales tax increment generated by this project will be used
for funding. A Cooperation Agreement is required for the TIF to detail the intent of the
proceeds and obligations of both parties.
The site previously contained an abandoned house. The owners purchased the property
in 2016 with the concept of developing a new retail site for Swiss Flower and Gift
Cottage. The owners have been working on site plans and building elevations for the past
year. The property consists of two parcels, which were recently replatted to create the
development site. A cooperation agreement is required
Councilmember Wooden introduced Item 1.
Mayor Jay opened the public hearing.
Staff presentation
Steve Art reminded Council of the proposal presented to them last week at the study
session. With this cooperation agreement the City will relinquish 1.5 cents of the local 3
cents of sales tax. In response to a question from the study session he said that the
base [of current sales tax generation] can be calculated into the amount.
City Council Minutes September 25, 2017 Page 4
Mr. Art outlined the phases of the project.
• Phase 1 (the corner where the vacant house was scraped) will build a 6,600 sf
building as the new home for Swiss Flower and Gift Cottage. This 2-story building will
sell most of their products. Their current building will remain for sale of larger items
such as furniture. The new building will have some artistic features the City
requested. These are part of the eligible public improvements.
• Phase 2 will be 6,000 sf of maker space behind the Phase 1. It will be light industrial
space that could house artists whose work could be sold at Swiss Flower.
• Phase 3 will be 7,200 sf of maker space -scheduled to be completed by 2025.
The TIF will be divided into three separate TIFs which would only be received upon
completion of each phase.
Mr. Art said this is truly what urban renewal was set out to do when it was started. This
will help a home-based business, started by Heidi's parents in 1969, go to the next level.
He explained a "base" would be established by the previous 12 months of sales tax. If a
base is incorporated, the sales tax that comes in would first have to reach that base
before any sales tax is diverted to the project.
Tim Morzel from EPS reported on the impact of the base. Absent packet material for the
Council he used a power point presentation to explain to Council the figures for what the
numbers would look like with and without a base.
Council questions
Heidi Sheard explained her vision for use of the buildings -moving the existing
operation to the new building and leaving the existing space for larger pieces and a
gallery.
Councilmember Urban asked about eligible building costs vis a vis the public
improvements objective of the 1-70/Kipling Urban Renewal Plan. Mr. Art explained that
when additional elements are requested for a building that go above and beyond what
the owner might normally do, those are eligible costs. The City has done that in the past
e.g. additional fac;ade brick at Kipling Ridge Shopping Center. Councilmember Urban
noted that in the breakdown for specific public objectives the Kipling Urban Renewal Plan
doesn't list (and specifically excludes) site modifications to private property. He asked
how eligible building costs do not fall in the category of site modifications to private
property. Mr. Art said he would have to look into that, but noted that even without the
eligible building costs, the public improvements still exceed what the TIF is being
provided for.
Councilmember Davis asked how the motion to approve the Agreement addresses the
setting of a base. Mr. Art said the Cooperation Agreement sets the sales tax base at
zero because the area for the new buildings currently has no sales tax. If Council wishes
it can amend the agreement to include the base -as some other URA projects have
done, but the calculations do not currently include that.
City Council Minutes September 25, 2017 Page 5
There was discussion about having or not having a base.
• We should be consistent with past projects --not initiate an exception to the rule.
• If the new building was across town, the sales tax would not be included in the
base, so the owner should not be penalized because the new building is next door.
• The old (existing) building will not technically register any point of sales but will still
be used and generate sales; existing sales will be going to the new building. It is
hard to say that sales tax isn't there (at the new building) when it is just moving
from next door and using the same register to collect the dollars.
• Using a base would extend the time a little, but WR Cyclery had a base and it paid
off five years early.
• The City needs tax dollars, so totally getting rid of a tax base we're used to having
is not supported.
• All councilmembers who expressed desire of including a base also expressed
support for this project
Public Comment
Vivian Vos (WR) was permitted to speak on TIF's in general. She distributed to the
Council copies of a Denver post editorial about the recent $30 land deal in Arvada and
read portions that spoke of unelected urban renewal boards and city councils giving away
sales tax revenue to private for-profit corporations and developers. This manipulates and
destroys the free market with taxpayer dollars. In relation to the upcoming executive
session she reminded Council that Question 300 passed and citizens do not want large
TIFs. There is opposition to sweetheart deals for businesses and developers while City
services go wanting. She urged Council to make sure that a small developer adheres to
urban renewal laws.
Motion by CouncilmemberWooden to approve Resolution 34-2017, a resolution
concerning the proposed Redevelopment at the southeast corner of 44th Avenue and
Jellison Street authorizing a Cooperation Agreement pertaining to the collection of Tax
Increment Financing (TIF); seconded by Councilmember Hoppe.
Councilmember Urban pointed out that Resolution 34 states that the property and sales
tax increment revenues are to be used to finance public infrastructure. He asked that
non-public elements be excluded. Mr. Art said the approval of the Cooperation
Agreement does not include that aspect of the project proposal. This could go back to
the URA to amend the Redevelopment Agreement and remove that cost. Councilmember
Urban felt it important that if it says public infrastructure, private elements should not be
included -even if they are eligible.
Councilmember Mathews received clarification that these eligible costs are consistent
with what was awarded WR Cyclery. He remarked that if this is consistent with what was
done in the past we shouldn't punish this one applicant. Changes on what is eligible and
ineligible should be a separate issue addressed at another time.
City Council Minutes September 25, 2017 Page6
Councilmember Wooden noted this was reviewed by the URA attorney and that Tl F's
provide the City the ability to have some input on what the buildings look like. This
business is taking a huge financial risk and we should help her. The City will reap
benefits in the long run.
Councilmember Duran suggested each project should be looked at individually. Swiss
Flower has been here for decades and she feels nit-picking it sends the wrong message.
She supports having no tax base and believes this will lift up the area.
Councilmember Pond clarified that eligible costs are $1.2M.
Motion by Councilmember Urban to request that a sales tax base be include in the
calculations for the Cooperation Agreement; seconded by Councilmember Davis.
Discussion followed. Councilmember Davis pointed out that the URA did not recommend
having a tax base or not having a tax base. Mr. Art acknowledged that was true.
The motion to amend failed 3-5, with Councilmembers Wooden, Mathews, Pond, Hoppe
and Duran voting no.
The main motion carried 8-0.
2. Resolution 36-2017 - a resolution approving an Employee Screening Agreement
with the Jefferson County Communications Center Authority
The new regional communications authority, Jefferson County Communications Center
Authority (Jeffcom), includes the police departments from Arvada, Golden, Lakewood and
Wheat Ridge, the fire departments of Arvada, Evergreen and West Metro, and the
Jefferson County Sheriff's Office. To help with the transition of dispatch services Jeffcom
has agreed to recruit, screen and pre-qualify candidates for call-taker and dispatch
positions for the new Emergency Communications Specialist (ECS) position.
Councilmember Pond introduced Item 2.
Chief Brennan reported that Jeffcom is picking up steam. The transition will start in
February and hopefully be complete by April. Having Jeffcom assume the recruiting and
screening now would save the City staff time and dollars, and help get pre-qualified
candidates.
All Wheat Ridge dispatchers will be offered positions with Jeffcom in 2018 and would
become employees of Jeffcom.
Councilmember Urban received explanation that the current dispatchers for the eight
member agencies will not have to be screened; they will be offered letters of
City Council Minutes September 25, 2017 Page 7
employment. -How will the new dispatchers have geographical knowledge of Wheat
Ridge? Chief Brennan said there will be a lot of training.
Motion by Councilmember Pond to approve Resolution 36-2017, a resolution approving
an Employee Screening Agreement with the Jefferson County Communications Center
Authority, seconded by Councilmember Mathews, carried 8-0.
3. Reconsideration of the Mayoral Appointment of Kevin Hood to the vacant District IV
seat of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term
to expire November 30, 2021
City Council voted 3 to 2 on this appointment on September 11, 2017. This appointment
requires approval by a majority of the entire City Council (five votes). A motion was
made and approved to reconsider the Mayoral appointment of Kevin Hood to the Urban
Renewal Authority at the September 25, 2017 regular business meeting.
Councilmember Davis introduced Item 3.
Mr. Dahl explained that per the Code appointments to the Urban Renewal Authority
require five votes of the entire Council. The motion failed on September 11 and a proper
motion was made and passed to set reconsideration for September 25.
Mr. Dahl also advised that in order to be able to vote on the reconsideration the
councilmembers who were absent on September 11 (Pond, Davis and Mathews) need to
affirm they have listened to the relevant portion of that meeting on tape. If they have not
listened to that portion of the meeting they cannot vote.
Councilmembers Pond and Davis notified Council they did not listen to the meeting.
Mayor Jay invited Kevin Hood to speak about his interest in this position. He highlighted
elements of his resume -living here 18 years (collectively), being president of
Localworks and remaining active with them, some of his jobs, and being on several
boards. He claims no specialized knowledge in urban renewal, but is curious and asks
good hard questions.
Motion by Councilmember Davis to change the Council Rules to allow councilmembers
who were not present on September 11, but had reviewed the minutes, be allowed to
vote without viewing the video; seconded by Councilmember Duran. A supermajority
vote was necessary and the motion carried 8-0.
Motion by Councilmember Davis to ratify the Mayoral Appointment of Kevin Hood to
District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term
to expire November 30, 2021; seconded by Councilmember Duran, carried 8-0.
CITY MANAGER'S MATTERS
City Council Minutes September 25, 2017 Page 8
Chief Brennan noted that the City Manager was away attending the Gold Medal Parks
award meeting with Parks Director Joyce Manwaring. Wheat Ridge was one of four
national finalists -which is quite an honor. We should know the results early tomorrow.
CITY ATTORNEY'S MATTERS
ELECTED OFFICIAL'S MATTERS
Janelle Shaver reminded Council of the Boards and Commissions Dinner on October
18.
Larry Mathews announced that Boy Scout Troop 240, chartered in 1957, is having an
ice cream social and movie night sleepover at Wheat Ridge Methodist Church on
September 291h from 6pm until 9am Saturday. Anyone who is interested in learning more
about the troop is welcome to come.
Kristi Davis asked about the inquiries she forwarded regarding campaign information.
Clerk Shaver said she got the email and a few others, and has talked to the City Attorney.
Mr. Dahl said he will be providing the Clerk with an answer on this.
Zach Urban announced the Colorado Consortium·for Prescription Drug Abuse
Prevention launched a new statewide initiative called Recovery Ready Colorado. The
purpose is to remove the stigma for recovery to support people in recovery. The focus is
on cultural change through public policy and community support. The 4 pillars are 1)
suitable employment, 2) safe affordable housing, 3) ability to achieve higher education,
and 4) access to recovery related resources. More information is available on Facebook.
Motion by Councilmember Pond to go into executive session for a conference with the
City Attorney, City Manager, and appropriate staff under Charter Section 5.7(b)(1) and
CRS 24-6-402(4)(b), to receive legal advice concerning the Longs Peak Metropolitan
District litigation, and further to adjourn the Council meeting at the conclusion of the
executive session; seconded by Councilmember Urban.
Mayor Jay announced she will be having Coffee with the Mayor on Saturday, October 7.
There was discussion about transparency--whether to vote publicly (or in executive
session) to give the attorney direction related to the Longs Peak litigation.
Motion to amend by Councilmember Mathews to temporarily adjourn to executive session
and reconvene in Council Chambers to take a formal vote on how the Council will direct
the City Attorney to proceed in the matter of this litigation; seconded by Councilmember
Duran.
Further discussion followed.
Councilmember Hoppe called for the question to vote on the amendment; seconded by
Councilmember Mathews.
City Council Minutes September 25, 2017 Page 9
The call for the question carried 8-0.
Mr. Mathews' motion to amend tied 4-4, with Councilmembers Wooden, Fitzgerald, Pond
and Hoppe voting no. The Mayor voted no and the motion failed.
The main motion carried 7-1, with Councilmember Mathews voting no.
ADJOURNMENT to Executive Session
The City Council Meeting was adjourned at 8:56 pm. An executive session followed.
EXECUTIVE SESSION
The executive session convened at 9:02 pm in the Lobby Conference Room and was
adjourned at 10:24 pm.
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ON October 23, 2017
Geo, e 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.