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HomeMy WebLinkAboutCity Council Agenda Packet 08-12-19AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 12, 2019 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 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 PROCLAMATIONS AND CEREMONIES 50th Anniversary – Recognition of Official Incorporation of the City of Wheat Ridge APPROVAL OF MINUTES Council Minutes of June 10, 2019 Study Session Notes of June 17, 2019 and July 1, 2019 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Second public input opportunity for 2020 Budget b. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. c. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. d. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. e. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: August 12, 2019 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution No. 34-2019 – a resolution approving a major subdivision plat for property zoned Residential-Three (R-3) and located at 11661 W. 44th Avenue (Case No. WS-19-01 / Riverside Terrace) 2. Council Bill No. 10-2019 – an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws regarding a Code of Ethics for City officers and employees ORDINANCES ON FIRST READING 3. Council Bill No. 11-2019 – an ordinance amending Sections 11-51, 11-53, and 11-63 of the Wheat Ridge Code of Laws concerning the licensing and regulation of alcoholic beverages 4. Council Bill No. 12-2019 – an ordinance prescribing compensation for the office of City Treasurer DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 43-2019 a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,000 for the purpose of funding the Wheat Ridge Business District grant program 6. Motion approving the appointment of a hearing officer to hear and decide upon protests in connection with the referendum petition regarding Ordinance 1667, Series 2019 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT EXECUTIVE SESSION Executive session for a conference with the City Attorney, City Manager and appropriate staff under Charter 5.7(b)1 and CRS 24-6-402(4)(b) for legal advice concerning pending Clark-Sorrentino litigation CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 10, 2019 Mayor Starker 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 Zachary Urban David Kueter Amanda Weaver Leah Dozeman Kristi Davis Larry Mathews Janeece Hoppe Absent: George Pond (excused) Also present: City Clerk, Janelle Shaver: City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Community Development Director, Ken Johnstone; other staff and interested citizens. PROCLAMATIONS AND CEREMONIES Men’s Health Month Mayor Starker read a proclamation designating the month of June as Men’s Health Month encouraging men of the community to practice healthy habits. Wheat Ridge Safety Month Mayor Starker read a proclamation designating the month of June as Safety Month. Allison Scheck, Director of Administrative Services, received the proclamation. She reported to Council that staff just finished a CIRSA safety audit and she witnessed for the first time how well prepared employees are. As an organization the City embraces safety and has a very active employee safety committee that promotes a variety of internal opportunities for safety education of various kinds. She thanked Council for their support. Census 2020 Mayor Starker read a list of citizens and employees that are on our Complete Count Committee and read a proclamation declaring the City’s recognition and support for the 2020 Colorado Complete Count Campaign for the upcoming census. Jenny Pool thanked the City and welcomed volunteers. APPROVAL OF COUNCIL MINUTES of April 8, 2019 and Study Session notes of March 18, 2019 and April 1, 2019 City Council Minutes June 10, 2019 page 2 Councilmember Kueter noted that on page 6 of the April 8 minutes he recalls voting in favor of the motion to excuse Councilmember Weaver from voting. Clerk Shaver apologized for the error and said she would correct that. There being no other objections, the City Council minutes of April 8, 2019 (to be corrected) and Study Session notes of March 18, 2019 and April 1, 2019 were approved as published. APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK Suzanne Kiel (WR) donated her time to Sandy Nance. Sandy Nance (WR) commented on the Neighborhood Revitalization Strategy. She attended meetings every step of the way and is pleased with the idea of hiring staff to confer with neighbors. She stated she is not anti-growth, but citizens have a problem with their neighborhoods being controlled by one staff member who does not answer to citizens or elected officials. She passed out photos of a house being built in her neighborhood. There is a clause in the Code that would have allowed Mr. Johnstone to not approve this – because it created a flagpole lot. He was confronted by neighbors who thought subdivision of this corner lot was not appropriate for the neighborhood, but he acted like there was no choice. He refused requests to find a way to have a public hearing and quickly approved the subdivision and flag lot. She thinks there should be a penalty for developers who are duplicitous – saying the house would be 1½ stories, and then building a 3-story monstrosity. She called for Council to immediately pass an ordinance requiring all subdivisions and creations of flag lots to be decided by the Planning Commission after notice is given to neighbors and public hearings are held. A check must be put on his powers – otherwise the listening tour suggested by the NRS will be a big, empty PR gesture. She closed with support for the Artspace project. 1. CONSENT AGENDA a. Motion to award purchase and installation of Henderson snow and ice control equipment and approve subsequent payment to Auto Truck Group of Colorado Springs, Colorado for a total amount not to exceed $107,650 b. Resolution No. 33-2019 – a resolution amending the fiscal year 2019 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $12,500 for the purpose of funding half of the Artspace Feasibility Study c. Motion to approve payment to Bank of Oklahoma for 2019 principal and interest payments in the amount of $3,498,300 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A Councilmember Hoppe introduced the Consent Agenda. City Council Minutes June 10, 2019 page 3 Motion by Councilmember Hoppe to approve Consent Agenda Items a.); b); and c.) seconded by Councilmember Dozeman; motion carried 7-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. Resolution No. 34-2019 – A Resolution approving a major subdivision plat for property zoned Residential-Three (R-3) and located at 11661 W. 44th Avenue (Case no. WS-19-01 / Riverside Terrace) The applicant is requesting subdivision of approximately 1.52-acres to establish lot lines, tracts, easements, and right-of-way dedication for an 18-unit townhome development. Councilmember Mathews introduced Resolution No. 34-2019. He noted there has been a request to postpone this. Mayor Starker announced the receipt of a memo from Mr. Johnstone. Mr. Johnstone explained that the Planning Commission held their hearing last Thursday. They have requested further information and continued their hearing to July 18. The next available Council meeting after that is August 12. Staff is requesting a continuance to that date. Mr. Dahl advised the Council they could open the hearing and continue it. Mayor Starker opened the public hearing. Public Comment John Clark (WR) asked Council to deny this action, because you can. He attended the Planning Commission (PC) hearing where the PC denied the resolution. He thought that was the end of it. What followed was over an hour of discussion between staff and the commissioners that destroyed Robert’s Rules. It was sad. He said citizens are getting used to staff, Planning Commission and Council giving developers everything they want, while the citizens are ignored. People don’t bother to come to meetings because they know the City will do whatever it wants. Last Thursday citizens stopped it. He hopes someone looks at this because it was a melee. Robert’s Rules meant nothing. No one questions collusion between developers and staff, and everyone at every level just rubberstamps whatever the developers want. Staff seems bound and determined to ignore what happened Thursday and figure out a way to still give the developer what he wants. He believes the City is running straight into the ground. Citizens are disgusted; they think we’re going downhill fast; and they do not trust their government. Motion by Councilmember Mathews to continue the City Council public hearing for Case no. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue and zoned R-3 to August 12, 2019; seconded by Councilmember Urban; carried 7-0. City Council Minutes June 10, 2019 page 4 Councilmember Mathews assumed when this case is heard in August Council will have a full report of what happened at the Planning Commission. 3. Council Bill 07-2019 – An Ordinance removing the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue (Case No. WHL-19-01 / McEntire) The current owner purchased the A-1 property in 2013 and is requesting removal of the local historic landmark status from the Joy Williams barn located on the property. Councilmember Dozeman introduced Council Bill 07-2019. Mayor Starker declared this was a quasi-judicial matter and swore in the speakers. City Clerk Shaver assigned Ordinance 1669. Mayor Starker opened the public hearing and Staff Presentation - Scott Cutler • Mr. Cutler entered into the record the case file, the local historic regulations and contents of the digital presentation. • The subject property, approximately one acre in size and zoned Agricultural-One (A-1), is located on the south side of W. 44th Avenue just west of Robb Street, with the Greenbelt further to the south. It is currently vacant with the exception of the 576 sf barn at the SE corner of the property. • There is some commercial use to the south and residential to the west and east. • The previous owner applied for and received by ordinance, local historic landmark status for the barn in 1998. • The current owner purchased the property in 2013 and is now asking for removal of the historic status. • There are eligibility requirements for application to remove historic status. o It must be done by a new owner. o Per Section 26-913.A.3 of our Code, no public funds can have been distributed to renovate the structure. • A 15-day notice of public hearing was done. No letter/calls were received. • Staff finds the new owner is eligible to remove this designation and makes no recommendation. Applicant Sandra McEntire (Denver), owner and applicant, passed out documents to the Council and referred to them as she spoke. She purchased the property in 2013 with the intent of letting Wild Bird Rehab build and have a facility for injured birds. She held the mortgage and Wild Bird was responsible for everything else. Wild Bird was unable to fulfill their obligation. The County told her the barn was built in 1950. In 2009 a bad storm had damaged the sod house and it had to be removed. When she purchased the property it was not disclosed to her that the barn had historic designation. At that time City Council Minutes June 10, 2019 page 5 the agreement stated the barn was in poor condition and she stipulated to that. No improvements have been made by her or Wild Bird. She said the barn has further deteriorated and is a nuisance. In its condition it serves no public purpose. Her tax records show there are no improvements on this property. She is open for questions. Public Comment Bonnie Botham (Lakewood), longtime Wheat Ridge resident and treasurer of the Wheat Ridge Historical Society (WRHS), spoke on the importance of history for a strong, vibrant community. The WRHS notes the barn has withstood the test of time and already received local historic designation. There has been no change in the connection to James Baugh, on whose property the barn was built, and no change in the connection to Charles Townsend, a second-wave settler who owned the barn. There was also no change documented by the Williams family who purchased the barn in 1907. Therefore there is no need for change in the historic designation. She listed a number of benefits to a community that preserves historic buildings. The Society applauds the preservation of the historic Fruitdale School building as housing. She encouraged Council to continue with policies that encourage the repurposing of historic buildings. All of us must do all we can to support property owners and developers who are willing to preserve our heritage. She asked Council that the historic designation for this barn not be removed or to work with the owner to move the barn to the Baugh Property. She suggested a feasibility study if moving the barn is considered. These suggestions are from the Board of Directors of the WR Historical Society. Claudia Worth (WR) testified Joy Williams came to the Historical Society and asked for local historic designation for the barn. At the time there was a local historic designation ordinance which did not allow for historic designation to be removed, but that was later changed. When Joy left, she was happy to know her childhood barn would remain. • She noted the house severely damaged by the tornado was brick – not a sod house. • In 1999 Bob Olson got a grant from the State Historical Society to identify all buildings in Wheat Ridge that were built before 1920. These buildings were on that list and are registered with the State Historical Society. • She read some information verifying the agricultural history of the property as part of the Baugh Property – which is a National Historic Site, owned by the City and maintained by the Historical Society. • It is a very large barn, allowing for entry of a team of horses and the wagon. Old timers thought it was probably a weigh station – not just a stage stop. Being four miles from Denver and four miles from Golden, it is a logical location. • She shared information about James Baugh who came to the area in 1858. • Exact date of construction of the barn cannot be determined, but based on the type of construction it was built in the 19th Century. • In 1889 Charles and Mae Townsend purchased 30 acres south of the county road from James Baugh. The Jefferson County Assessor’s Office lists the house as built in 1892. • The Williams family referred to the old barn when they bought the property in 1907. City Council Minutes June 10, 2019 page 6 • The historic significance of the barn is real. It is the oldest barn they can find. 1859 was only 20 years after Bent’s Fort closed. • The Historical Society was thrilled at the idea of the barn becoming a bird sanctuary – being adjacent to the Greenbelt where 287 species of birds have been sighted. • While the property has not been improved, the barn is as sturdy as ever. • Suggestions: Donate the barn to the City or the WRHS. It could be moved. The expensive part would be to put it on a concrete pad. An Arts Center would be a perfect use – with studios and gallery. She said demolition will be expensive, as the base is concrete and it is built with sturdy logs. Claudia Callas (WR) recalled speaking many times to Councils about buildings we have saved. Thinking back to how many barns there used to be in Wheat Ridge, it seems it should be possible to save one 100 year old barn. They have thought of having a barn raising at the Baugh Property to build a pole barn. Now there is one across the street, but not handy to move. She also invited everyone to come to a pot luck supper tomorrow night at the WR Historic Park, 4610 Robb Street at 5:00. John Clark (WR) lives less than ½ mile from this barn. He loves barns. His sons have raised livestock at the Moore farm at 72nd & Ward Rd which was founded about 1908 and has a huge barn. He encouraged people to see the inside of a barn to see how it’s built. He appreciates that staff is not taking a side, but wishes they had been able to give the historic information. When it was designated as historic in 1998, there were 8 councilmembers who felt it was worthy of historic designation. He knows who they are, and thinks they should be contacted by this Council to find out what they thought. He thanked the Historical Society for the information they gave him about the barn; the City didn’t provide it. He wants the barn to stay right where it’s at, because if that historic building is removed – we all know, this 1.15 acres of A-1 land will be rezoned to MUN or PRD and have 18 units on it within a year and a half. Lionel Smith (WR) is a Wheat Ridge native and member of the WRHS. His ancestral home is in Vermont; they have lots of old barns. He supports keeping the historic designation for the barn. Ruth Baranowski (WR), president of the WRHS, is interested that staff didn’t do much research. The Historical Society has documents that you are looking for. She understands property rights, but also knows we lose a lot of history if we don’t make an effort to preserve it. Tonight’s decision affects the future and what we leave as a legacy. The WRHS board discussed what should be done with the barn. They really want to have the barn stay where it is, but they also respect property rights, so they researched organizations that move historic barns. It would be very expensive. The WRHS has 501c3 status now; they can get grants. They do believe if the historical designation is removed the barn will be removed. As a local landmark it offers the City, all of us, and future generations something. She doesn’t oppose development, but having lived here 7 years she is still shocked at the buildings we remove, areas we raze for new development, and how we don’t acknowledge and respect our history. City Council Minutes June 10, 2019 page 7 Brandy Zamudio (WR) feels this is very important. He feels strongly Council should consider the history of Wheat Ridge. He wants the future residents of WR to be proud of the historic things. It’s tough to grow a city, but not lose the past. If we start taking down historic buildings, where does it stop. We’ve lost enough of our history. He thinks Council should study up on why it was made historic and is still there. He believes it should stay where it is. Before you decide, find out why it was designated as historic. Ms. McEntire responded. She said the barn is in terrible condition. The inside has a poured floor. She believes it may have been used by a construction company because there are benches, peg boards and fluorescent lights. It has a blonde wood door. There are bird cages stored upstairs. It has no water or sewer or electricity. Infrastructure requirements from the Fire Dept are cost prohibitive. She’d be glad to donate the building to the City, but she can’t afford to move it. She testified is has deteriorated in the 6½ years she has owned it. Council Questions Councilmember Dozeman asked Ms. McEntire when she learned of the historic status. This spring. Councilmember Hoppe asked staff about removing historic designation, moving the barn and then redesignating it as historic. Mr. Johnstone wasn’t sure, but said it could be figured out. She asked about the difference between local and state historic designation. Mr. Johnstone said each jurisdiction has registries, including federal. Councilmember Weaver learned from Mr. Johnstone there is only one type of local designation, and there are no criteria regarding modification of the inside. Councilmember Mathews noted this is quasi, so he couldn’t ask questions. • At the very least he thinks the packet should have had a copy of the original ordinance so Council might know why it was designated as historic. • Was it recorded somewhere? Council needs to know this before voting. • Appreciate the owner’s willingness to donate the barn. • Why didn’t staff contact the WRHS about this? They have a wealth of knowledge. • Mr. Dahl said the historic designation was to be recorded at the County within 15 days. Ms. McEntire said it wasn’t filed within the 15 days. Councilor Mathews asked why staff couldn’t find this out if the owner could? • Mr. Goff said it was owned by a private party - not the City. He suggested that if staff had done more research on this they would have been accused of trying to direct Council to save this property. That’s not staff’s role. There is a process in the Code and it has been followed. Councilmember Dozeman said she got information from the Historic Society. She feels there’s been lots of miscommunication and wrong information. She asked if the applicant would be willing to postpone this until she talks to the WRHS and the City City Council Minutes June 10, 2019 page 8 about using it as an art space. Ms. McEntire said it’s a financial drain and she’d like to resolve this sooner rather than later. She agreed the address is numbered oddly. Mr. Johnstone advocates for quality historic preservation. He worked thousands of hours preserving the Fruitdale School and was instrumental in saving the water pump station at the Ashland Reservoir. But the City does not have a historic preservation masterplan - no policy documents. Staff’s responsibility was to look at the code; in this case the property was eligible to have the historic designation removed. To research further and reach out to the Historical Society, which isn’t formally a part of the City, would have been advocating for preservation of a private structure. Councilmember Urban inquired about the recorded site plan for the property from 2013. Mr. Cutler explained that was Wild Bird’s plan. The requirements of the fire department made their project cost prohibitive for them and the site plan was abandoned. Councilmember Kueter asked Mr. Dahl if the criteria for removal are met, can Council still deny the request. Mr. Dahl advised it is a discretionary act and Council is not forced legally to approve the removal just because the criteria are met. Councilmember Weaver asked if the Historical Society had a place for the barn. Ruth Baronowski said they do. Starting cost for moving is $300,000, but the Society is willing to tackle that. Renovation would be extra, but they are willing to work with the Cultural Commission or Artspace or anyone to help preserve the barn. She’s heard the community wants us to be involved in projects like this. Councilmember Weaver asked staff about restrictions on rehabbing historic locations. Mr. Johnstone said there’s a process, but no established local standards. Mr. Goff pulled up the original ordinance granting historical designation and read parts of it. There is no information about the reason for the designation. Mr. Johnstone told Councilmember Dozeman the historic designation was not mentioned when Wild Bird presented their site plan. He said the City doesn’t maintain a good data base for local historic properties. It would be institutional knowledge. Claudia Worth informed Councilmember Mathews that Joy Williams didn’t want to have the house designated because she thought people would want to remodel it. The barn was more important to her as a landmark. It would be eligible for state or national historic designation if it stays on its original location. The inside could be renovated, but the outside has to remain as is. Grants are available. The WRHS has gotten over $1M. Mr. Goff added that the second page of the ordinance indicates with a time stamp that the historic designation was recorded at the County within the 15 days. Discussion continued. Mayor Starker closed the public hearing. City Council Minutes June 10, 2019 page 9 Motion by Councilmember Dozeman to approve Council Bill 07-2019, an ordinance removing the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The applicant has been determined to be eligible to apply for the removal of the historic designation, per Section 26-913 of the City Code. The motion died for lack of a second. Mayor Starker declared a recess at 8:57pm. The meeting resumed at 9:08pm. ORDINANCES ON FIRST READING 4. Council Bill 09-2019 – An Ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement. The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expires July 1, 2019. Councilmember Urban introduced Council Bill 09-2019. Motion by Councilmember Urban to approve Council Bill 09-2019 - an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement, on first reading, order it published, public hearing set for Monday, June 24, 2019, at 7pm in City Council Chambers, and that it take effect upon adoption at second reading; seconded by Councilmember Hoppe; carried 7-0. 5. Council Bill 08-2019 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities (Case No. ZOA-19-01) This ordinance would define “animal daycare facility” and allow it as a Special Use in C- 1 and C-2 zone districts. It would also add supplementary regulations for animal facilities, and update definitions and the Use Table for consistency and clarity. Councilmember Weaver introduced Council Bill 08-2019. Motion by Councilmember Weaver to approve Council Bill 08-2019 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities, on first reading, order it published, public hearing set for City Council Minutes June 10, 2019 page 10 Monday, June 24, 2019, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Urban; carried 7-0. CITY MANAGER’S MATTERS Mr. Goff announced sadly that after 42 years in law enforcement and almost 15 years with the City Police Chief Dan Brennan will be retiring July 19. CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS Leah Dozeman announced that names can be submitted for consideration for parade royalty for the Carnation Festival until June 30. She also said Circus tickets are available for sale and Parade registration is open. This is all at Carnationfestival.com. Kristi Davis encouraged folks to take the Gold Line to the A Line to the airport. She did it and it worked very smoothly and didn’t take much longer. ~ She would like to see staff bring interested parties together to find a way to save the barn. At Mr. Goff’s request she asked for consensus from Council to authorize the use of staff time to do that. The Mayor was uncomfortable with the appropriateness of this action. Mr. Dahl advised that it was appropriate to direct staff to explore options and provide information to Council. The support for Ms. Davis’s consensus was unanimous. Mayor Starker thanked everyone for participating in the open discussion tonight. He also thanked staff, citizens, and volunteers for their work on the Criterium yesterday. It was a very successful day. ADJOURNMENT The meeting adjourned at 9:19pm. _____________________________ Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON July 22, 2019 ______________________________ Janeece Hoppe, Mayor Pro tem 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. City Council Minutes June 10, 2019 page 11 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 17, 2019 Mayor Bud Starker called the Study Session to order at 6:30 p.m. Council members present: George Pond, Janeece Hoppe, Kristi Davis, Zachary Urban, Larry Mathews, Amanda Weaver and Leah Dozeman Absent: David Kueter (excused) Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Police Chief, Daniel Brennan; Presiding Judge, Christopher Randall, other staff, guests and interested citizens. Citizen Comment on Agenda Items Carol Mathews (WR) spoke in favor of proactive enforcement of codes. She served on the NRS committee and there was strong public sentiment that the City is soft on enforcing problem properties. People expressed frustration. Overgrown properties are a concern. Neighborhood safety is becoming a real worry for people. Neighborhood construction projects should not be allowed to go on for years. There should be consequences for repeat offenders. Bob Brazell (WR) posed that Airbnb’s violate our code on bed and breakfast establishments. It should be enforced. He has one across the street from him that has no off street parking, and the comings and goings of many different parties throughout the year disturb his single-family neighborhood. He related the details how this house has now become an illegal rental and is functioning as a duplex without having adequate lot frontage. It violates our Code. He will be filing a complaint and something needs to be done about this. 1. Outside Agency Program Review Committee Recommendations ~ Marianne Schilling The Outside Agency Program Review Committee members are: District I: Cheryl Brungardt District I: Alejandra Major District II: Kristine Disney District II: James Skinner District III: Margie Robinson District III: Madelaine DeVan District IV: Sunny Garcia District IV: Christopher Schilling Sunny Garcia and Madelaine DeVan had introductory remarks outlining the work of the committee and thanked Marianne Schilling for her staff support and the members of the committee for their work. Council questions and comments included: • They don’t ask the groups what percentage of their total budget is the City donation. It varies with each group. Councilmember Hoppe recommended that for the future. • Councilmember Mathews would like to know how the money benefits WR, if the efforts are successful, how much money stays in WR, and if the dollars are used for true humanitarian needs. • Councilmember Davis strongly supports Feed the Future and Community Table. • Do we know what percentage of each group are WR users? It’s usually a number. • The Committee does reach out to past recipients. Advertising is done in the WR Connection. When Mr. Goff gets requests he refers them to the online process. • The Library donation is for the Library Foundation only; the Foundation is not a beneficiary of the recent library tax increase. This year’s contribution is for the children’s area at the WR Library. • Councilmember Dozeman shared that the Outdoor Lab Foundation may be asking the City for extra funds to send Everitt students, whose experience was cut short this year, back up to Outdoor Lab next year. • Councilmember Pond noted that late requests do come, but the committee does a great job. • Thanks were offered to the committee members. Councilmember Hoppe received unanimous consent to accept the recommendations of the Outside Agency Program Review Committee. 2. Reappointment of Municipal Judge Judge Randall noted he has served eight terms as Judge for the City. • He reported Court is running well – good morale and low turnover. • The challenges have been mostly legislative – such as the prevention of collection of restitution for victims and the inability to issue a warrant for non-payment of restitution. They’re looking at using a collection agency; some cities have had success with that. • They’re working on customer service issues such as online bill pay and credit cards. • Citywide challenges include opioid use, transients, and an aging population. • He thanked Council for the budget line item that was approved a few years back that assists poor people with things they can’t afford like evaluations and UA’s. That has been helpful and very successful. Discussion followed. Is anyone working on a substitute for collecting outstanding fines? A lobbyist is working to represent judges on this. In the meantime we work around it with payment plans. There is a process using a contempt citation, no- show, then issue warrant for no-show and be able to prove they could have paid. It’s a slow, difficult process. The Leadership Foundation recently interviewed staff to see where we could improve. They recommend having internal customers evaluate them. Plans are to do that. Judge Randall gave some pro’s and con’s for teen juries. He doesn’t think we have the volume of eligible teen crimes to use it. Judge Randall couldn’t speak to whether increased code enforcement is good or bad – only the administrative and financial impact to the Court. Homelessness is dealt with case by case. He suggested the legalization of recreational marijuana hasn’t helped homelessness. The Court tries to steer them in the direction of needed services. The probation department has good resources. He added that folks talk a good game in court but often don’t follow through. Councilmember Dozeman complimented Judge Randall on the fair way he treated the 1st Amendment Auditors that came to City Hall recently. Any suggestions on how to avert a crisis on homelessness? Thorough police reports with details are helpful, but he deals with individual cases and really can’t do much that has global impact. He’s advised the Police Department that if they will issue summonses for crimes, it helps him have more power and leverage. Councilmember Urban received unanimous consent to bring forward the ordinance to reappoint Judged Randall. 5. Code Enforcement Strategies ~ Jerry Dahl & Chief Brennan Mr. Dahl gave introductory remarks about his memorandum that outlines considerations for various nuisance related issues encountered by code enforcement that could be addressed through amendments to the existing Code of Laws. Included in the packet was information about what some other cities do. There was discussion on the various code topics, with Mr. Dahl, Chief Brennan and other staff members providing knowledge, experience and guidance. Council was reminded that every enforcement tool has a staff cost. Inoperable Vehicles Following discussion there was consensus to have Mr. Dahl address ‘degree of inoperability’ and the description of ‘tarp covering’. Outside storage • Councilmember Weaver asked for continued openness by the City about business related storage on residential properties. She noted that some mitigation takes time and money. Noted: Agricultural vehicles are ok if they are operable. • The intent of this section is good, but it does marginalize an already marginalized population. • Code Supervisor Schroeder spoke about calls for service and the use of “in public view” and “what is reasonable” as criteria. • Planner Lauren Mikulak provided current code for storage with home businesses. • Consideration of upholstered indoor furniture, appliances and construction materials. • Home based businesses can’t store inventory outside. Councilmember Urban received consensus to move forward with suggestions provided by the City Attorney. Refuse and Rubbish • Mulch and compost are not considered in this category. Following discussion there was consensus to leave this section the way it is. Trash Containers • Different parts of the city are different (e.g. alleys in east WR) • Discussion about use of roll-offs when cleaning out estates. • Suggest that trash cans should be stored away from the collection point. • Agricultural properties need different consideration. • There is a fine line between leniency and abuse by those who don’t want to comply. Communication is key. There was consensus that the current code provides adequate discretion for the officers. Following lengthy discussion there was added consensus that trash cans should be moved from the collection point within 24 hours of pick-up. Maximum Height of grass • Current maximum height is 12 inches. Following discussion there was consensus to leave the height restriction at 12 inches. Weeds • A majority agreed to leave the height limit for weeds at 12 inches. Councilmember Urban received consensus to have Chief Brennan’s staff work with the City Attorney’s office to craft wording about overgrowth of weeds of the creeping variety. Noxious Weeds The Colorado Weed Law and Jefferson County Invasive Species Management already prohibit the growth of noxious weeds. Mr. Dahl will see what that says and incorporate it into the Code. Fence and Wall Maintenance There was consensus to move the part about ‘weeds in driveways’ to the Weeds section. • Structural soundness is necessary. • Is plywood an acceptable fence material? Repair should be of same material. There was consensus to let Mr. Dahl craft this section based on Council comments. There was some discussion about proactive vs reactive code enforcement. Options for Code Amendments concerning Administrative Citation Enforcement • Mr. Dahl went through the recommendations to clarify and tighten up existing procedures. Discussion followed. Councilmember Urban received consensus to accept the recommended changes with the addition that they are alternatives to one another and that foreclosure of a property lien is not permitted. “Disorderly House” • Mr. Dahl explained how this section was added years ago as a catch-all. Per Officer Schroeder we do occasionally use this section. Sometimes it is used for repeated, deliberate non-compliance for several issues. • Chief Brennan explained the process for use of three citations for the administrative process. If it goes to the criminal process it goes to court. Where it goes is determined by the nature of the problem. Discussion followed. Councilmember Urban received consensus to adopt language provided by Mr. Dahl that would include non-residential properties and that a year be designated as any consecutive 12 months. Due to the late hour, there was consensus to postpone Items 3 & 4 to a later date. 3. Extended Stay Lodging Regulations – Ken Johnstone 4. Lodging Facility Licenses – Chief Brennan 6. Staff Report none 7. Elected Officials’ Report Janeece Hoppe remarked the two postponed items will require significant dialog. ~ Her daughter had a good experience at Outdoor Lab. The kids who did go did have a good time. The Everett staff has assured them of rescheduling in November. Zachary Urban asked how many hotel rooms are in the city. Chief will get that info. Kristi Davis announced a Renewal Wheat Ridge meeting tomorrow at 6pm. Leah Dozeman congratulated two city staff members who are retiring - Janice Smothers, liaison to the Council and Mayor, and Police Chief Daniel Brennan. Clerk Shaver raised the issue of the County’s need, due to legislative requirements, to have a Voter Service Polling Center in Council Chambers on the Monday before and Tuesday of Election Day 2020. Cancelling that study session may be necessary. After discussion Clerk Shaver was told to let the County know it was okay, and Council will plan around it next year. She noted that there will be a VSPC at the Rec Center too. ADJOURNMENT The Study Session adjourned at 9:56pm. APPROVED BY CITY COUNCIL ON July 8, 2019 ____ Janelle Shaver, City Clerk ________ Janeece Hoppe, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue July 1, 2019 Mayor Bud Starker called the Study Session to order at 6:30 p.m. Council members present: Janeece Hoppe, David Kueter, Zachary Urban, Larry Mathews, and Leah Dozeman Absent: Amanda Weaver (excused), Kristi Davis (excused), George Pond (excused) Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; City Attorney, Jerry Dahl; interested citizens. Citizen Comment on Agenda Items Rachel Hultin (WR) said she was excited to see the options available to Council for changing the process when a legal protest is filed against a rezoning. She wants transparency and for citizens to be informed. She thinks it is only fair for citizens to not be caught off guard. She’d like Council to consider adopting Option 3 - to postpone a hearing when there is a legal protest. 1. Creation of a City Ethics Code Mr. Dahl presented background on the issue of ethics for elected officials as controlled by the State. Home Rule Cities are exempt if they have their own ethics code that covers a prescribed set of behaviors. He presented language to cover the necessary topics, including  No gifts (with some standard exception)  Conflicts of interest  Appearance of impropriety  Enforcement Council questions and discussion followed. Topics included: • Hearings • Consequences and penalties. Being invited to school dinners that others must pay to attend • The appearance of conflict of interest is very subjective and difficult to define. • Frivolous claims being made for political purposes and the possibility of confidentiality. • Conflict of interest is already well covered in the Charter and elsewhere in Code. • An executive session would be allowed to get legal advice from the attorney. STUDY SESSION NOTES: July 1, 2019 Page -2- • Mr. Dahl will research the role of CIRSA defending an accused councilmember vs the rest of the Council. • Dropping the “appearance of impropriety” Councilmember Hoppe asked for consensus to proceed with the ethics code with suggested recommendations by the City Attorney, with the exception of deletion of conflict of interest, referring to Charter Sections that speak to conflict of interest, and adding item C (deleting the appearance of impropriety), and creating a process for determining frivoulous complaints prior to hearing an encroachment of available confidentiality means available. The consensus was 4-1, with Councilmember Mathews not in support. 2. Rezoning Protest Procedures ~ Jerry Dahl, City Attorney Section 5.10 of the Charter • For rezonings, the Charter provides that a protest may be filed by owners of 20% or more of the area adjacent to the side or rear or across the street within 100 feet of the subject property. • Notice of the hearing is publicized • A legal protest can be filed any time before the close of the hearing. • This requires a supermajority vote of Council to approve the rezoning. Choices for change are 1- Make no changes. 2- Receive the protest, close the hearing, and continue only the vote to a later date. 3- Receive the protest, then continue the public hearing (and vote) to a later date. Discussion followed. Councilmember Hoppe asked for consensus to select Option 3 – take testimony and continue the hearing itself to the next regular Council meeting, at which time further testimony can be given and a vote is taken. Councilmember Mathews pressed the issue of properties adjacent at the corner. Mr. Dahl will do some research and look at previous cases. The vote was 4-1. 3. 2019 Liquor Code Amendments ~ Jerry Dahl, City Attorney Mr. Dahl highlighted items in the packet memo dealing with changes enacted by the Colorado legislature in 2019. Several changes have already been included as agreed to by City Council. The questions that remain were discussed. STUDY SESSION NOTES: July 1, 2019 Page -3- 1) Whether to require on-site supervision by a person, 21 years of age or older, of employees aged 18-20 selling alcohol beverages? Councilmember Hoppe received consensus to not add the wording requiring 21- year olds to supervise employees 18-20 years old if they are selling, serving, or dispensing alcohol. 2) Should entertainment facilities that serve alcohol pursuant to a Lodging and Entertainment license, be permitted or prohibited within 500 feet of a school? Councilmember Hoppe received consensus to add Lodging & Entertainment licenses to the list of exceptions from the ‘500-ft separation from schools’ rule. 3) Whether the City should adopt a school separation requirement for businesses that manufacture liquor, but only receive their licenses from the state liquor authority? Councilmember Hoppe received unanimous consent to add a provision to Sec. 11.53 for the Liquor Authority to refer any state applications for liquor sales rooms to the Director of Community Development for comment. 4. Staff Report(s) none 5. Elected Official Reports Clerk Shaver noted it is election season. Folks are beginning to file their intent to run for City Council seats. Information is available on the Clerks website or by calling the Clerk’s office. Leah Dozeman congratulated the City on the reopening of Anderson Building and Park this past Saturday. Tours were given. She noted the playground will be fenced off for most of the summer while new features – including a zip line, are being added. Mayor Starker agreed the reopening of Anderson Park was great. He also noted attending the fine retirement send-off for retiring Parks Director Joyce Manwaring. He thanked her for her work on our behalf. ADJOURNMENT The Study Session adjourned at 8:29 pm. APPROVED BY CITY COUNCIL ON July 22, 2019 _______ Janelle Shaver, City Clerk Janeece Hoppe, Mayor Pro Tem DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: SECOND PUBLIC INPUT OPPORTUNITY FOR 2020 BUDGET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: Development of the 2020 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2020 proposed budget. This public input opportunity is the second of two; the first opportunity for public input was held during the regular City Council meeting on Monday, July 8, 2019. PRIOR ACTION: No prior action was necessary on this item. FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers’ Association (GFOA). Staff includes a summary of all feedback received from these public input meetings in the presentation of the proposed budget to City Council. Item No. a First Public Input Opportunity on the 2020 Budget August 12, 2019 Page 2 The 2020 Budget is scheduled to be presented to the Mayor and City Council on Monday, September 16, 2019. Following review and direction from City Council, the public hearing and adoption of the proposed 2020 Budget is scheduled for Monday, October 14, 2019. The proposed budget will be available online on the City website prior to the September 16 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2020 Budget at the September 16 and October 14 meetings in addition to the two scheduled public input opportunities. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ITEM NO: DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) AND LOCATED AT 11661 W. 44th AVENUE (CASE NO. WS-19-01 / RIVERSIDE TERRACE) PUBLIC HEARING (continued from 06/10/19) ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision for an approximately 1.52-acre property located at 11661 W. 44th Avenue. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication for an 18-unit townhome development in the Residential-Three (R-3) zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on June 6, 2019 and continued the item to July 18, 2019 after requesting additional traffic analysis. Upon closing the public hearing on July 18, the Commission recommended approval of the major subdivision for the following reasons: 1.All requirements of the subdivision regulations (Article IV) of the zoning and developmentcode have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. And with the following conditions: 1 Council Action Form – 11661 W. 44th Avenue Subdivision August 12, 2019 Page 2 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Attached is a copy of the Planning Commission staff report, which provides a detailed description of the application. Draft minutes from both Planning Commission meetings are also attached. This item was originally scheduled to be heard by City Council on June 10, 2019. Based on the Planning Commission continuance, the public hearing was opened and continued by Council to August 12. FINANCIAL IMPACT: Fees in the amount of $1,533 were collected for the review and processing of Case No. WS-19-01. Fees in lieu of parkland dedication in the amount of $42,453.93 will be due prior to issuance of building permits. Permit fees and use tax will be paid for each townhome building permit and for all site work and right-of-way permits. BACKGROUND: The subject property is located on the north side of W. 44th Avenue between Robb Street and Tabor Street. It is approximately 1.52 acres and is currently vacant. The site is zoned Residential- Three (R-3) which allows multifamily development (including townhomes) up to a density of 12 units per acre. Properties to the east and west also are zoned Residential-Three (R-3). The properties to the west between the subject property and Tabor Street contain two-story apartment buildings. The properties to the east contain single-family homes. The property across 44th Avenue to the south is zoned Planned Commercial Development (PCD) and contains a retail building with multiple tenant spaces, and an RV park behind it. The properties to the north are zoned Residential-Two (R-2) and contain duplexes. Touching the subject site to the northwest is 4440 Tabor Street, which was rezoned to Planned Residential Development (PRD) by City Council earlier in 2019. Key components of the subdivision are described below. The plat document and additional detail are included in the attached Planning Commission staff report. Council Action Form – 11661 W. 44th Avenue Subdivision August 12, 2019 Page 3 The purpose of a subdivision plat is not to review specific site plan or architectural details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying R-3 zoning. Proposed Plat The proposed subdivision is comprised of five sheets and establishes 18 townhome lots and 4 tracts. The lots are organized into 6 lots/units per townhome building. The tracts provide for commonly-maintained alleyways, open space, utility easements, drainage basins, and sidewalks. A unique feature of the site is the potential for cross access with an adjacent proposed development at the northwest corner. The subdivision regulations encourage connectivity and cross access where logical. If the adjacent parcel is not developed, the Riverside subdivision can function independently with an emergency access easement being created by separate document. A condition of approval is included to this effect. Required Agreements The applicant is responsible for installing all public improvements, including the drainage system, the streetscape improvements, utilities and the open space. These obligations will ultimately be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. A condition of approval is included to this effect. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the Residential-Three (R-3) zoning requirements. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2019, a resolution approving a major subdivision for property located at 11661 W. 44th Avenue and zoned Residential-Three (R-3), for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 3. All agencies can provide services to the property with improvements installed at the developer’s expense. and, with the following conditions: Council Action Form – 11661 W. 44th Avenue Subdivision August 12, 2019 Page 4 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Or, “I move to deny Resolution No. 34-2019, a resolution approving a major subdivision for property located at 11661 W. 44th Avenue and zoned Residential-Three (R-3), for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2019 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes – June 6, 2019 and July 18, 2019 (draft) ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2019 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) AND LOCATED AT 11661 W. 44th AVENUE (CASE NO. WS-19-01 / RIVERSIDE TERRACE) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat was received from Riverside Terrace LLC to subdivide property for a townhome development located at 11661 W. 44th Avenue in the Residential-Three zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, all requirements of the zoning and development code and subdivision regulations have been met; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) LOCATED AT 11661 W. 44th AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 3. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowners’ association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 12th day of August, 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Planning Commission 1 Case Nos. WS-19-01 / Riverside Terrace Subdivision CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: June 6, 2019 CASE MANAGER: Scott Cutler CASE NO. & NAME: WS-19-01 / Riverside Terrace Subdivision ACTION REQUESTED: Approval of a major subdivision LOCATION OF REQUEST: 11661 W. 44th Avenue APPLICANT/OWNER (S): Riverside Terrace LLC APPROXIMATE AREA: 66,284 square feet (1.52 acres) PRESENT ZONING: Residential-Three (R-3) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor; Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case Nos. WS-19-01 / Riverside Terrace Subdivision JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WS-19-01 is an application for a major subdivision for property located at 11661 W. 44th Avenue. Eighteen (18) townhome lots are proposed plus four tracts for common areas, drainage, alleyways, and utilities. Access easements and drainage easements are also included in the subdivision plat. A plat is required to facilitate a new townhome development on the site. Staff is reviewing a Planned Building Group (PBG) application for the property, which is subject to administrative review only as the proposal adheres to all of the Residential-Three (R-3) zone district requirements. (A PBG is the term used in the zoning code for a site plan set that involves multiple buildings, in this case a group of three buildings.) Civil construction documents for the project are under review by Public Works. While the PBG application is related, it is not part of the platting request and should not influence Planning Commission’s recommendation on the subdivision. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located in northwestern Wheat Ridge, on the north side of W. 44th Avenue between Robb Street and Tabor Street. The site previously contained a single-family home and various outbuildings, which were demolished in 2019 (Exhibit 1, Aerial). The property is zoned Residential-Three (R-3), as are the properties to the east and west. The zoning map (Exhibit 2) shows a mix of zone districts in the area. The properties to the west contain a total of four two-story apartment buildings with multiple dwelling units. The properties to the east contain single-family homes. The properties to the north on Simms Court are zoned Residential-Two (R-2) and contain duplexes before transitioning back to R-3 zoning further north where there are 4-plexes. The property across W. 44th Avenue to the south is zoned Planned Commercial Development (PCD) and contains a retail building with multiple tenant spaces and an RV park. The property to the northwest was recently rezoned to Planned Residential Development (PRD) by City Council. The property is currently platted as Lot 3 and Tract B of the Fightmaster Subdivision and is approximately 66,284 square feet (1.52 acres). The current R-3 zoning allows for the development of townhomes, multifamily apartment buildings, duplexes, or single-family homes up to 12 units per acre. The development proposed is 11.8 units/acre. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of five pages (Exhibit 3). The cover page includes a legal description of the property; signature blocks for the owners, City, surveyor, and County; standard Planning Commission 3 Case Nos. WS-19-01 / Riverside Terrace Subdivision declarations and notes; easement notes; and a lot data table. The second page consists of the plat map, showing the arrangement of the lots and tracts. Page 3 shows existing easements and easements being vacated. Page 4 shows details of the proposed sanitary, drainage, and utility easements. Page 5 shows details of the water and access easements. Lot Configuration The lot configuration corresponds to the proposed development being reviewed under the PBG application. There will be 18 townhome lots, with 6 lots/units per townhome building. Four tracts are proposed (Tracts A, B, C, and D) which provide for commonly-maintained alleyways, open space, utility easements, drainage basins, and sidewalks. Public Improvements & Right-of-Way Dedication When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. A portion of the southeast corner of the property, approximately 119 square feet, is being dedicated as right-of-way. The developer will be responsible for constructing an 8-foot wide sidewalk, 2-foot buffer zone between the sidewalk and the street, and reconstructing the bus stop to current standards. The existing sidewalk is approximately 8 feet wide but much of it will need to be removed to reconstruct the bus stop and entrance on the east side of the frontage. New street lights will also be installed. Easements Several easements are created by this plat to allow adequate infrastructure and access. These include the following: • Existing utility and drainage easements around the perimeter that will remain • 6-foot wide utility easements on the edges of the interior alleys to serve each lot • 25-foot wide sanitation easement in the primary drive and alleyways • 30-foot wide water easement in the primary drive • Access easements in all drives/alleyways A unique feature of the site is the potential for cross access with an adjacent proposed development at the northwest corner. The subdivision regulations encourage connectivity and cross access where logical, so if the development to the west proceeds, cross access will allow movement through that property and the subject site. If the adjacent parcel is not developed, the Riverside subdivision can function independently with the creation of an emergency access easement being created by separate document. A condition of approval to this effect is recommended. Drainage Tracts are being dedicated for an on-site water detention facility (porous landscape detention), which will be located north of the northern alley. The purpose of the tract is to ensure the facility is never built or encroached upon, and will be the sole responsibility of the HOA. The civil construction documents are under review and will be finalized with completion of the PBG application and prior to issuance of any permits. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and Planning Commission 4 Case Nos. WS-19-01 / Riverside Terrace Subdivision open space. When land is not dedicated for a public park, a fee is required in lieu. Per code and Council Resolution, the fee is $2,497.28 per unit to be paid at recordation. Subdivision Improvement Agreement The applicant is responsible for installing all public improvements, including the drainage system, streetscape improvements, the new private drives and alleys, utilities, and the open space. These obligations will be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. IV. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: The plat was found approvable on May 16, 2019. Civil documents are currently under review. Arvada Fire Protection District: Can serve. The fire district has approved the plat and development with either a cross access or emergency access at the northwest corner. Valley Water District: No objections. Utility coordination is ongoing. Fruitdale Sanitation District: No objections. Utility coordination is ongoing. Xcel Energy: Utility coordination is ongoing. Utility easements are granted as part of the plat. Century Link: No concerns. Comcast: No comments. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further concludes that the subdivision plat complies with the standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the development to proceed with construction. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. Planning Commission 5 Case Nos. WS-19-01 / Riverside Terrace Subdivision With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Option B:“I move to recommend DENIAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons: 1. ...” Planning Commission 6 Case Nos. WS-19-01 / Riverside Terrace Subdivision EXHIBIT 1: AERIAL Planning Commission 7 Case Nos. WS-19-01 / Riverside Terrace Subdivision EXHIBIT 2: ZONING MAP Planning Commission 8 Case Nos. WS-19-01 / Riverside Terrace Subdivision Attached as an 11x17 document on the following page. EXHIBIT 3: SUBDIVISION PLAT Planning Commission Minutes - 1 – June 6, 2019 PLANNING COMMISSION Minutes of Meeting June 6, 2019 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair LARSON at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Will Kerns Daniel Larson Janet Leo Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: Scott Ohm Staff Members Present: Stephanie Stevens, Senior Planner Scott Cutler, Planner II Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner PETERSON and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES – May 16, 2019 It was moved by Commissioner SIMBAI and seconded by Commissioner ANTOL to approve the minutes of May 16, 2019, as written. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) ATTACHMENT 3 Planning Commission Minutes - 2 – June 6, 2019 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-19-02: an application filed by John Roach for approval of an 8-lot major subdivision for property zoned Mixed Use-Neighborhood (MU-N) located at 10191 West 38th Avenue. Mr. Cutler gave a short presentation regarding the major subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked to have Conditions 2 & 3 of the suggested motion explained and if Staff looks at certain standards. Mr. Cutler explained that the Subdivision Improvement Agreement (SIA) gets signed after the plat has been approved by City Council and obligates the developer to construct the public improvements such as sidewalk along 38th Avenue as well as onsite improvements. He then explained that the lot sale restriction covenant agreement is required by the City for any townhome development and that is an assurance that certain things like a drive access to the lots will be built. Finally he explained that the HOA Covenants is specific to sites to ensure common maintenance areas such as the driveway and drainage area will be maintained. Commissioner Peterson also asked what the orientation of the duplexes will be. Mr. Cutler said one building will be on lots 1 & 3, lots 2 & 4, lots 5 & 7 and lots 6 & 8, totaling 4 buildings. Commissioner SIMBAI asked if parking will be looked at in this subdivision case. Mr. Cutler answered no that will be a part of the Site Plan. Commissioner VOS wanted confirmed that there was public noticing for this case. Mr. Cutler said that Public Hearing signs were posted and neighbors within a 300ft. radius were notified by a mailing. Commissioner VOS wanted the 3rd paragraph of page 3 in the Staff Report explained. Mr. Brossman said there will be a project on the east side of Kipling to Lena Gulch. He explained Public Works is currently designing that particular area and because this property falls within that project the City will be taking fees in lieu of Planning Commission Minutes - 3 – June 6, 2019 some of the required infrastructure for the right-of-way (ROW) improvements because the City is going to be constructing this project as a whole instead of in pieces so there will continuity from beginning to end; the City is still in the design phase currently. Commissioner VOS asked what is being designed for this project. Mr. Brossman explained the City is trying to fix the traffic situation at east bound 38th Avenue to north bound Kipling Street by adding extra turn lanes which means the infrastructure needs to be completed to the west. Commissioner VOS asked why there is no park on this site. Mr. Cutler explained that the site is a little under half an acre and adjacent to the Recreation Center. Commissioner LEO asked about the easement on Lot 7 being released. Mr. Brossman explained that the drainage way easement was wider than it needed to be. Lena Gulch was rechanneled in the late 1980’s, meaning the channel became smaller, but the easement stayed the same. He said that during discussions with the current Flood Plain Administrator in Public Works it was decided the easement could be reduced to make the land more useable. Commissioner KERNS asked if the size of the sidewalk. Mr. Brossman said there will be a 6ft. detached sidewalk with a 6ft. tree lawn with an additional 4ft. of ROW. Commissioner ANTOL asked if the 6ft. sidewalk is standard for this area or if it should be 8ft. Mr. Brossman said the standards are different for the different corridors and 6ft. is standard for this corridor. Jan Rose, Resident 10221 West 38th Avenue Ms. Rose explained she is the resident to the west of this subdivision and her concerns are: • The 50ft buildings potentially blocking her 24 solar panels. • Her property line and she does not want her fence modified during construction because she has 2 dogs in the back yard. • Constructions trucks parking in front of her property. Ms. Rose added that she would like to see her property rights protected. Planning Commission Minutes - 4 – June 6, 2019 Commissioner VOS asked about all the trees on the property and if any of them will be saved. She also would like to see a conversation between the two property owners with regards to concerns. John Roach, Applicant 10220 West 26th Avenue, Lakewood Mr. Roach explained there is only one tree on the property next to the current house and maybe one more by the driveway and they will come out to put the units in. The other trees are outside the property line and will not be touched. Mr. Roach added he would like to have good relations with the neighbors and will reach out to Ms. Rose about some of her concerns. Mr. Cutler then responded to Ms. Rose’s concerns with regards to the duplex building height. He said any residential building in the Mixed Use-Neighborhood (MU-N) zone district is limited to 35ft. in height and there is a 20ft. setback for a 3rd floor if there is one and a 15ft. setback for the first 2 floors. He added the case tonight is a subdivision and it is a use by right in the MU-N zone district to develop the 8 units. Mr. Cutler explained that there could be more units on this site, but the developer decided to do fewer. Commissioner PETERSON had concerns about the blocking of Ms. Rose’s solar concerns and asked if an expert could look at the solar panel concern. Commissioner KERNS commented on the solar panels and said they are oriented south and west, there are none oriented southeast or east and due to this orientation a 35ft. building located to the east will not affect the solar exposure. Commissioner KERNS also commented on the parking lane in front of Ms. Rose’s property and said it is a public ROW and it is legal for anyone to park there. However, she can call code enforcement regarding the constant running of the diesel trucks while parked there. Mr. Brossman added the work in the street should be done soon. It was moved by Commissioner LEO and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WS-19-02, a request for approval of a major subdivision on property located at 10191 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: Planning Commission Minutes - 5 – June 6, 2019 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and lot sale restriction covenant agreement prior to the recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. Motion carried 7-0. B. Case No. WS-19-03: an application filed by Redland for approval of a Major Subdivision with right-of-way (ROW) dedication for property zoned Mixed Use-Commercial (MU-C) located at 4331 Vance Street. Ms. Stevens gave a short presentation regarding the major subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked where 43rd Avenue terminates. Ms. Stevens explained that 43rd Avenue will connect to an access easement that is currently on the west side of the property which will help the flow of traffic to and from 44th Avenue. Commissioner PETERSON then inquired if there will be a right only from the access easement onto 44th Avenue. Mr. Brossman added that the median on 44th Avenue will be elongated to prohibit left turns into and out of the drive. Commissioner PETERSON also asked about the open space proposed for the north end of the lot 3 project and who can use this. Ms. Stevens said it is primarily meant to be a park/open space for the Town Center residents in lots 1-3, but others can use it as well. Commissioner PETERSON said he has concerns about the residents crossing Vance with increased traffic. Commissioner VOS asked if the only reason to extend 43rd Avenue is to have better access to 44th Avenue via the access easement. She also inquired who will be paying for the connection. Planning Commission Minutes - 6 – June 6, 2019 Mr. Brossman explained it is part of a logical transportation network and if for some reason the restaurant to the west were to ever redevelop or go away, then 43rd could go straight through to Wadsworth Blvd, but this is something CDOT would have to approve also. He added the developer will be paying for the 43rd Avenue connection. Commissioner VOS then asked about the entry into the building and which direction it will face and if the access easement will be improved. Ms. Stevens said that there will be an internal parking garage and the building wraps on all 4 sides along with entries on all 4 sides of the building. She added that the access easement will be improved to street standards. Commissioner LEO asked if this is still owned by the City’s Urban Renewal Authority. Ms. Stevens confirmed it was until it was economically viable and then handed to the developer and is still a part of the Wadsworth Urban Renewal area. Commissioner PETERSON he has concerns about the access easement becoming a shortcut through the Big Lots parking lot. Ms. Stevens said this is being looked at to mitigate, but parking lots are public and can be driven through. Commissioner VOS asked the applicant if he wanted 43rd extension or the City. Tyler Downs, Applicant 1801 Broadway, Denver Mr. Downs explained the extension of 43rd Avenue was a request by the City and is fine with it to complete the transportation grid. Commissioner VOS asked about the orientation of the doors to the apartments, how many stories the building will be and if there will be any retail. Mr. Downs explained the apartment will be accessed from common hallways indoors; the buildings are 4 stories same as the other 2 buildings and while it was explored, there will not be any retail. It was moved by Commissioner KERNS and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-19-03, a request for approval of a re-subdivision with right-of-way dedication on property zoned Mixed Use-Commercial (MU-C) and located at 4331 Vance Street, for the following reasons: Planning Commission Minutes - 7 – June 6, 2019 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. 3. The subdivision will facilitate development of the site in compliance with the approved Concept Plan. With the following conditions: 1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. 2. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. Motion carried 7-0. C. Case No. WS-19-01: an application filed by Riverside Terrace, LLC for approval of a major subdivision for property zoned Residential-Three (R-3) to allow for 18 single-family townhome units located at 11661 West 44th Avenue. Mr. Cutler gave a short presentation regarding the major subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked what the cross access drive would look like with respect to the property to the northwest. Mr. Cutler explained that the upper Tract C will make the connection between this property and the property to the northwest; the City would request that there be a continuous drive and sidewalk connection, if the adjacent property moves forward. Commissioner PETERSON asked what Tract C will look like if the property to the northwest does not move forward. Mr. Cuter said that the Arvada Fire District would require a fire truck turn around and there would be a permanent easement put in which would be a separate recorded agreement. Commissioner SIMBAI asked when the outbuildings were demolished in 2019 and who will be responsible for the streetlights. Planning Commission Minutes - 8 – June 6, 2019 Mr. Cutler said the demolition question can be answered by the applicant and Mr. Brossman explained that the developer will be responsible for street lighting and will also be responsible for lights along the sidewalks, as well. Commissioner SIMBAI also asked if the bus stop standards are dictated by RTD. Mr. Brossman said they are, but the City is going to have RTD reconstruct the bus stop to meet the current RTD standards and to accommodate a shelter. Commissioner VOS asked to have the height of the townhomes confirmed. She also mentioned she would like to see more parks instead of a parkland dedication fee. She asked if the cross access drive could be open space with sidewalks instead of a drive aisle. Mr. Cutler said the townhomes have a height limit of 35 feet. He then addressed Commissioner VOS’ concern for lack of parks. He explained that there will be sidewalks along with the drive aisle and open space in the cross access area and open space on the entire west side of the property for all to enjoy and it includes sidewalks. He mentioned that for the purposes of parkland dedication it goes towards parks that are owned and maintained by the City. He said it can be challenging for the Parks Department to maintain smaller parks that are embedded in a private development. He added that a public park needs to be approved by City Council. Commissioner VOS then asked where the parkland dedication fees go. Ms. Stevens said they go into a fund controlled by the Parks Department and the funds are reserved for future parks in the City. Commissioner KERNS asked how many lots it takes for a property to have 2 access points. Mr. Cutler believed that is more of a Fire Department concern and they have already signed off on this subdivision. Commissioner VOS asked if the property to the northwest is zoned Mixed Use- Neighborhood (MU-N). Mr. Cutler said no it is zoned Planned Residential Development (PRD) and it is being reviewed separately. Commissioner LARSON asked why the current name of this property is the Fightmaster Subdivision. Mr. Brossman said he believes it was named after the Fightmaster family. Planning Commission Minutes - 9 – June 6, 2019 Stephen Sundberg, Applicant 9640 W Chatfield Ave., Littleton Mr. Sundberg explained that the demolition started at the beginning of April, after the asbestos abatement. He added that the Fire Department has looked at this subdivision and signed off on it both with the cross access connection and without. Mr. Sundberg also said the case for the property to the northwest will be heard at Planning Commission on June 20. Commissioner VOS asked what was the purpose of demolishing the out buildings in April. Mr. Sundberg explained the single family home was too outdated for redevelopment. John Clark, Resident 4665 Swadley St, Wheat Ridge Mr. Clark mentioned he is not happy with the developments going up in the City of Wheat Ridge. He says others don’t want development in the City as well, and feels they don’t speak up. He said one of his concerns is more traffic entering on to Tabor Street and he does not want to see a cross access road between the two developments. He also said he does not like agricultural land being wiped out. Allen Hadwiger, Resident 4455 Simms Street Mr. Hadwiger said he thinks this is a great project and will make the community better. His only concern is the possible increase in traffic and would like to see something like a deceleration lane on 44th Avenue into the development. Mr. Cutler explained that the access connections to and from developments are dictated by the Fire District. Commissioner VOS wanted condition 2 of the suggested motion explained. Mr. Cutler said the lot sale restriction is to prevent the sale of any lot that doesn’t have access to a public street so in the event that the development doesn’t move forward that a lot may not be sold without access. He explained it is a prevention measure in case the construction ceases; condition 2 would require that all the roads be built so the lots could be developed in the future. Commissioner VOS also wanted confirmation that condition 4 relates to the fire truck turnaround if the adjacent property does not get developed. Planning Commission Minutes - 10 – June 6, 2019 Mr. Cutler confirmed this to be true. Commissioner LARSON inquired if there is a time limit for the emergency access easement agreement. Mr. Cutler explained that a future plat on the adjacent property would allow the emergency access easement agreement to be extinguished. It was moved by Commissioner ANTOL and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Motion denied 3-4 with Commissioners PETERSON, VOS, LEO and KERNS denying. There was discussion about a friendly amendment to add a deceleration lane on 44th Avenue. There was concern by Commissioner Antol that the Planning Commission cannot add this as an amendment without additional traffic analysis. Mr. Brossman said a trip generation study could be requested with the 2 developments combined because there is not enough traffic to warrant a study with just 1 development. Mr. Brossman also explained to the Commission that if there was a deceleration lane added to 44th Avenue then the properties to the east of said property will be affected. Planning Commission Minutes - 11 – June 6, 2019 The Planning Commissioners wondered why the two developments are not being heard as one case. Mr. Cutler explained that the two developments have different zoning; one review is more intensive while the one being decided on today did not need a zone change and all the development standards are being met and that is why staff is recommending approval. Commissioner ANTOL would like to see additional information in staff reports related to the surrounding context. There was also discussion on withdrawing the previous motion prior to a vote so it can be continued to a later date. In doing so the Planning Commission can hear the Case on 4440 Tabor Street to help them make a decision on this case. Mr. Cutler read from the bylaws Part B of the voting section: “In the event a motion fails to receive a majority vote, it shall conclusively be presumed that no action has been taken, and it shall be required that a second motion be made, seconded, and adopted by majority vote indicating the definite action (either granting or refusing the requested action).” Mr. Cutler also explained the need for the Planning Commission to provide reasons for the denial, if the there is a second motion and majority vote to deny. Ms. Stevens added that if a motion is made to refuse the denial, then there could be another motion made to continue this case to a date certain. It was moved by Commissioner VOS and seconded by Commissioner SIMBAI to refuse requested action on denial. Motion passed 7-0. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to postpone WS-19-01 until July 18 after the adjacent property, the 4440 Tabor Case, is heard on June 20 for additional information. Motion passed 7-0. D. Case No. WS-19-04: an application filed by Evergreen-Clear Creek Crossing for approval of a major subdivision with right-of-way (ROW) dedication for property zoned Planned Mixed Use Development (PMUD) located at the SW quadrant of Hwy 58 and I-70. Ms. Stevens gave a short presentation regarding the major subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI inquired about the concern from the property owner to the south. Planning Commission Minutes - 12 – June 6, 2019 Ms. Stevens said there is some reconfiguration of Clear Creek Drive that is occurring and impacts his property. Mr. Brossman added that there is going to be a median on Clear Creek Drive that will prohibit some of the traffic movement into his subdivision. Some accommodations are being made to allow access to the existing Frontage Road. It is still under design, but the City is working through the issues with him. Commissioner KERNS asked where the possible site for the RTD bus station will be. Ms. Stevens explained it is currently reserved to be in Block 4 Lot 1, preferably in the Denver Water Easement. She mentioned the decision should be official in the next 6 months. Commissioner LARSON asked where the I-70 hook ramps are located. Ms. Stevens said they are platted on the southeast side of the subdivision. Commissioner LARSON also asked why the change in the ROW. Ms. Stevens explained that Denver Water made some changes to their pipe size which could impact the road so they asked if it could be shifted a little bit. Mr. Brossman added that due to the width change along with the depth of the pipe Denver Water needed some extra room to maintain the pipe. It was moved by Commissioner VOS and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS-19-04, a request for approval of a major subdivision to realign and re-dedicate the 40th Avenue and Clear Creek Drive intersection on property zoned Planned Commercial Development (PCD) and Planned Mixed Use Development (PMUD) located west of Interstate 70, south of Highway 58 and north of 32nd Avenue approximately, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. 3. The subdivision will facilitate development of the site in compliance with the approved Outline Development Plan. With the following conditions: 1. The revisions requested by the Public Works Department related to cross access and the future Regional Transportation District bus Planning Commission Minutes - 13 – June 6, 2019 transfer station shall be addressed prior to the City Council public hearing. 2. An updated Title Commitment shall be provided prior to recordation of the plat. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS The next Planning Commission meeting will be held on June 20, 2019. 10. ADJOURNMENT It was moved by Commissioner PETERSON and seconded by Commissioner SIMBAI to adjourn the meeting at 10:09 p.m. Motion carried 7-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes - 1 – July 18, 2019 PLANNING COMMISSION Minutes of Meeting July 18, 2019 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:07 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Daniel Larson Janet Leo Scott Ohm Jahi Simbai Will Kerns Vivian Vos Commission Members Absent: Richard Peterson Staff Members Present: Lauren Mikulak, Planning Manager Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner ANTOL and seconded by Commissioner LARSON to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES – June 20, 2019 It was moved by Commissioner LEO and seconded by Commissioner ANTOL to approve the minutes of June 20, 2019, as amended. Motion carried 6-0-1 with Commissioner SIMBAI abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes - 2 – July 18, 2019 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-19-01: an application filed by Riverside Terrace, LLC for approval of a Major Subdivision for property zoned Residential-Three (R-3) to allow for 18 single-family townhome units located at 11661 W. 44th Avenue. Ms. Mikulak gave a short explanation regarding the continuation of this case. She said the public hearing was opened on June 6, 2019 and mentioned that 7 of the 8 commissioners were present, all but Commissioner OHM. She wanted to confirm his eligibility to participate in the hearing and asked him if he had read the Staff report, reviewed the tape and read the minutes from June 6. Commissioner OHM confirmed he had done all 3 items. Ms. Mikulak reminded the Commission that on June 6 they requested to review the adjacent project first and requested additional traffic analysis from the applicant, which is included in the agenda packet. She added that staff had reviewed the traffic analysis and concluded a turn lane is not warranted on 44th Avenue and staff is recommending approval of this subdivision. Commissioner VOS asked for an explanation of a Subdivision Improvement Agreement (SIA). Ms. Mikulak explained that a SIA is a document that both the City and Developer sign and obligates the developer to construct certain public improvements, both in the Right-of-Way and those that are on site and necessary for the townhomes to be built. It also includes provisions for financial guarantees. She also explained that the Lot Sale Restriction Covenant is used for townhome projects and it states a townhome cannot be conveyed until all public improvements are complete. Commissioner VOS also asked how the HOA requirements are met. Ms. Mikulak said the HOA document is reviewed, but only minimally by staff. The HOA owns the land so staff make sure the obligation to maintain the common space is met. Commissioner VOS asked how a neighborhood traffic study can be done. Ms. Mikulak said that staff can request a study to see what is going on in a case by case and location by location basis. Commissioner OHM asked if the fire access has been resolved. Ms. Mikulak explained there will be an easement that will be recorded and is a condition of approval and will be noted on the Planned Building Group documents. Sharon Vallar, Resident Planning Commission Minutes - 3 – July 18, 2019 11641 West 44th Avenue Ms. Vallar lives next to this property and is concerned that construction vibration could crack her backyard cement. She also said she would like to know the height of the townhomes. Stephen Sundberg, Applicant 9640 West Chatfield Avenue, Littleton Mr. Sundberg said there is no guarantee that there will be no construction vibration, but a letter will be sent out to neighbors with his contact information and Ms. Vallar can reach out to him at any time with any concerns. Ms. Mikulak added that this project is in the Residential-Three (R-3) zone district and the height limit is 35 feet, but does not think this project will maximize that. Commissioner VOS then asked what the criteria is for the marketing strategy to confirm the townhomes will be sold. Mr. Sundberg said that a due diligence period is done at the beginning of the project. The group that works on this finds out a good asking price for the land, which is also done through the pre-application process with staff. Commissioner VOS also asked if an owner can rent their townhome. Mr. Sundberg explained the owner is not allowed to rent for the first year of ownership, then there is no requirement. It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. Planning Commission Minutes - 4 – July 18, 2019 3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Motion carried 6-1 with Commissioner VOS voting against. 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak gave a couple of updates: • The August 1 meeting has been cancelled, but there will be items on the agenda for the August 15 meeting. • Training for Commissioners at the October 3 meeting 10. ADJOURNMENT It was moved by Commissioner KERNS and seconded by Commissioner LEO to adjourn the meeting at 7:33 p.m. Motion carried 6-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary ITEM NO: ____ DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2019 – AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS REGARDING A CODE OF ETHICS FOR CITY OFFICERS AND EMPLOYEES PUBLIC HEARING ORDINANCES FOR 1ST READING (07/22/19) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/12/19) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This ordinance amends Chapter 2 of the Code of Laws, to implement an ethics code for city officers and employees. While certain ethics matters are governed by the Home Rule Charter, that coverage is incomplete. This ordinance implements a gift ban, a provision on use of confidential information, and a procedure for enforcement. PRIOR ACTION: Council reviewed materials presented by the City Attorney at its July 1 study session and directed preparation of this ordinance. Charter sections 3.14 and 4.10 address conflicts of interest of city elected officials; this ordinance supplements those sections. FINANCIAL IMPACT: N/A BACKGROUND: Amendment 41 was a citizen initiative adopted by Colorado voters in the 2006 general election. It adopted Article XXIX to the Colorado Constitution entitled “Ethics in Government,” which governs gift bans, restrictions on representation after leaving office, and established the IEC to hear complaints, issue findings, and assess penalties, and issue advisory opinions on ethics issues arising under that article. 2 Council Action Form – Code of Ethics August 12, 2019 Page 2 Section 7 Article XXIX specifically states: “The requirements of this article shall not apply to home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.” Charter sections 3.14 and 4.10 do not rise to the level of a full local ethics code. The attached ordinance addresses the remaining elements necessary for this purpose and enables the City to process ethics complaints locally. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2019, an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws regarding a code of ethics for city officers and employees, on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 10-2019, an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws regarding a code of ethics for city officers and employees for the following reason(s) ________________ _.” REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 10 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS REGARDING A CODE OF ETHICS FOR CITY OFFICERS AND EMPLOYEES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, in the exercise of their authority under Article XX of the Colorado constitution, the voters of the City have adopted a home rule charter, which addresses, among other things, conflicts of interest of elected officials of the City; and WHEREAS, the City Council wishes to supplement the Charter to fully address ethics matters for city officials and employees, and to provide for local enforcement of the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. A new article VI within Chapter 2 of the Code of Laws, entitled “Code of Ethics” is hereby adopted, to read: Sec. 2-100. Gifts and gratuities (a) No officer or employee of the city may: (1) Accept a gift, gratuity or item of substantial value or a substantial economic benefit from a person interested in any public matter over which the officer or employee has authority or control: a. Which would tend to improperly influence a reasonable person in his or her position to depart from the faithful and impartial discharge of his or her public duties; or b. Which he or she knows or which a reasonable person in his or her position should know under the circumstances is primarily for the purpose of rewarding him or her for official action he or she has taken. (b) A “substantial economic” benefit includes, without limitation, a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services. (c) The following shall not be considered gifts of substantial value or gifts of substantial economic benefit for purposes of this section: (1) Campaign contributions and contributions in-kind reported as required by Section 1-45-108, C.R.S.; (2) An occasional nonpecuniary gift, insignificant in value; (3) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; (4) Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such officer or employee is scheduled to participate; (5) Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such officer or employee; (6) Items of perishable or nonpermanent value, including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events; (7) Payment for speeches, appearances or publications reported; (8) Payment of salary from employment, including other government employment, in addition to that earned by reason of service in public office; (9) Gifts, gratuities or items of value received by the spouse or dependent children of the officer or employee which do not implicate the standards of subparagraphs (a)(1) and (b) of this section. (10) Gratuities received by the municipal judge for services rendered in addition to official judicial duties (e.g., marriage ceremonies). (d) This section is to guard officials and employees of the city from relationships which may be construed as evidence of favoritism, coercion, unfair advantage or collusion. Sec. 2-101. Conflicts of Interest (a) Elected officials are governed by Sections 3.14 and 4.10 of the home rule charter. (b) No officer or employee shall disclose or use confidential information acquired in the course of his or her official duties in order to further substantially his or her personal financial interests. Sec. 2-102. Enforcement (a) The council shall have the exclusive authority for enforcement of this article with respect to elected officials. The city manager shall have exclusive enforcement of this article with respect to city employees. (b) All complaints must be filed within 90 days after the date of the alleged violation. (c) The council or the city manager, as appropriate, may dismiss frivolous complaints. (d) Complaints deemed to be frivolous shall remain confidential, to the greatest extent permitted by law. (e) With respect to complaints regarding elected officials which the council does not deem to be frivolous, the council may hold a public hearing, if desired. The council may render findings on non-frivolous complaints by motion or by adopting written findings. (f) With respect to complaints concerning elected officials, the council shall take such action and impose such penalty, if any, as it deems appropriate, limited to reprimand and public sanction, and not to include removal from office. (g) With respect to complaints concerning employees, the city manager shall process the same in conformance with the current city personnel policies. (h) Final action by the council or the city manager, as appropriate, shall be final action by the city on the matter. (i) The penalties provided for in this section shall not preclude the application of any other penalty or remedy under law. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 22nd day of July, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, August 12, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. _________________________ Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: July 25, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2019 – AN ORDINANCE AMENDING SECTIONS 11-51, 11-53, AND 11-63 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________________ _________________________________ City Attorney City Manager ISSUE: Consideration of an ordinance amending Sections 11-51, 11-53 and 11-63 of the Wheat Ridge Code concerning alcoholic beverages. PRIOR ACTION: At its July 1 study session, City Council reached consensus on the remaining issues under consideration and directed staff to bring the attached ordinance forward to finalize revisions to its regulations on alcoholic beverages. FINANCIAL IMPACT: N/A. BACKGROUND: This ordinance contains the final set of revisions to the City’s liquor code, which revisions were necessitated by the legislature’s adoption of significant changes in the Colorado Liquor and Beer Codes in 2016 and 2018, all of which went into effect on January 1, 2019. After its first study 3 Council Action Form – Licensing and Regulation of Alcoholic Beverages August 12, 2019 Page 2 session on this topic, the City Council surveyed all liquor license holders in the City to solicit their input on the revisions and its possible effects on their businesses. At its second study session, Council received the results of the licensees’ input and the staff’s recommendations on the manner in which the new license classification of Lodging and Entertainment License would be regulated. RECOMMENDATIONS: Adopt the attached ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2019, an ordinance amending Sections 11-51, 11-53, and 11-63 of the Wheat Ridge Code of Laws concerning the licensing and regulation of alcoholic beverages on first reading, order it published, public hearing set for Monday, August 26, 2019 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 11-2019, an ordinance amending Sections 11-51, 11-53, and 11-63 of the Wheat Ridge Code of Laws concerning the licensing and regulation of alcoholic beverages for the following reason(s) __________________________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 11 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 11-53, AND 11-63 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND REGULATION OF ALCOHOL BEVERAGES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council has previously adopted laws governing the regulation of liquor licensing and consumption consistent with state law; and WHEREAS, the Colorado legislature has recently adopted bills amending the Colorado Revised Statutes as they pertain to its liquor code, beer code, and other related codes, and the City Council desires to adopt additional conforming changes to the Wheat Ridge Liquor Code; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 is amended by the addition of the following two definitions to read as follows: Sec. 11-51. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ENTERTAINMENT FACILITY MEANS AN ESTABLISHMENT THE PRIMARY BUSINESS OF WHICH IS TO PROVIDE THE PUBLIC WITH SPORTS OR ENTERTAINMENT ACTIVITIES WITHIN ITS LICENSED PREMISES AND INCIDENTALLY MAY SELL AND SERVE ALCOHOL BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION AND HAS SANDWICHES AND LIGHT SNACKS AVAILABLE. LODGING FACILITY MEANS AN ESTABLISHMENT THE PRIMARY BUSINESS OF WHICH IS TO PROVIDE THE PUBLIC WITH SLEEPING ROOMS AND -2- MEETING FACILITIES AND INCIDENTALLY MAY SELL AND SERVE ALCOHOL BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION AND HAS SANDWICHES AND LIGHT SNACKS AVAILABLE, BUT DOES NOT INCLUDE A RESTAURANT AS DEFINED IN §44-3-103, C.R.S. OR AN EATING ESTABLISHMENT AS DEFINED IN THE WHEAT RIDGE CITY CODE. Section 2. Subsection 11-53 (b) is amended to read as follows: Sec. 11-53. - Governance by state laws, rules and regulations. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) prohibiting the sale of alcohol beverages within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, distillery pub licenses, arts licenses, LODGING AND ENTERTAINMENT LICENSES, and vintner's restaurant licenses issued pursuant to this article. Section 3. Section 11-53 is amended by the addition of a new Subsection (c) to read as follows: (C) WITHIN FIVE (5) DAYS OF RECEIPT OF A NOTICE OF APPLICATION FOR A LIQUOR SALES ROOM, PURSUANT TO DEPARTMENT OF REVENUE REGULATION 47-428, THE LOCAL LICENSING AUTHORITY SHALL REFER THE NOTICE TO THE DIRECTOR OF COMMUNITY DEVELOPMENT FOR COMMENT. Section 4. Subsections 11-63 (5) and (7) are amended to read as follows: Sec. 11-63. - Classification of operators. The business of selling at retail any fermented malt beverage or malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified as such occupation for the purpose of this chapter as follows: . . . (5) Class "G" operators. All operators who are licensed to sell alcohol beverages for consumption on the premises either as brew pubs, distillery pubs, LODGING FACILITIES, vintner’s restaurants, hotels and/or restaurants shall be Class "G" operators. . . . (7) Class "T" operators. All operators selling alcohol beverages, by the drink, only for consumption on the premises EITHER AS TAVERNS OR ENTERTAINMENT FACILITIES; and such operators shall have available for -3- consumption on the premises during business hours, sandwiches and light snacks; but they need not have meals available for consumption. Section 5. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of August, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 26, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this ____ day of _______, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. ATTEST: Bud Starker, Mayor Janelle Shaver, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2019 – AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________________ _________________________________ City Attorney City Manager ISSUE: Consideration of an ordinance establishing two salary levels for the office of City Treasurer, dependent upon education and work experience. PRIOR ACTION: At its August 5 study session, City Council reached consensus to bring forward an ordinance to set compensation for the City Treasurer position based on qualifications. FINANCIAL IMPACT: The current annual salary for the City Treasurer is $29,000. This ordinance would set the annual salary at $29,000 if the person in the position meets certain requirements or an amount equal to the Mayor’s salary, currently $10,080, if the person does not meet the requirements. The current City Treasurer meets the requirements for the annual salary of $29,000. BACKGROUND: Upon the resignation of the former City Treasurer, City Council requested an agenda item at a study session to understand the duties and compensation of this elected position. Section 3.12 of the City Charter states that elected officials shall receive such compensation as the council shall 4 Council Action Form – City Treasurer Compensation August 12, 2019 Page 2 prescribe by ordinance: provided they shall neither increase nor decrease the compensation of any elected official during his term of office. Elected officials may, upon order of the council, be paid such necessary bona fide expenses incurred by him in service in behalf of the city as are authorized and itemized. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2019, an ordinance prescribing compensation for the office of City Treasurer on first reading, order it published, public hearing set for Monday, August 26, 2019 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 12-2019, an ordinance prescribing compensation for the office of City Treasurer for the following reason(s) __________________________________.” REPORT PREPARED BY; Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 12-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 12 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Treasurer for terms of office commencing on and after the November 5, 2019 regular municipal election. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. City Treasurer Compensation. For terms of office commencing on and after the November 5, 2019 regular municipal election, the compensation of the City Treasurer shall be as follows: a. Base salary: an amount equal to the Mayor’s salary as of the effective date of this ordinance. b. For persons who either have been accredited as a certified municipal finance officer by the Government Finance Officers Association, or are a certified public accountant or possess a masters degree in public administration, business administration or finance, or who have at least seven (7) years of professional experience as a finance professional: $29,000 per year, at and after the time such person acquires such qualifications. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of August, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, August 26, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. _________________________ Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 FOR THE PURPOSE OF FUNDING THE WHEAT RIDGE BUSINESS DISTRICT GRANT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: Consensus was reached by City Council at the June 5, 2017 study session to bring forward a resolution for a supplemental budget appropriation in the amount of $25,000 for the Wheat Ridge Business District (WRBD) Grant Program. PRIOR ACTION: City Council approved $90,000 in funding during the 2019 budget process for WRBD grant funding. FINANCIAL IMPACT: A supplemental budget appropriation from General Fund undesignated reserves is required to fund this request. The City’s Unrestricted Fund Balance Policy states that “The City will maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures.” There are adequate funds in General Fund undesignated reserves to meet this request. 5 Council Action Form – Contribution to WRBD August 12, 2019 Page 2 BACKGROUND: The WRBD was formed in a joint partnership between local business owners and the City of Wheat Ridge in 2002 to help revitalize 38th Avenue. The effort was expanded in 2005 to serve businesses throughout the City of Wheat Ridge. The WRBD administers several grant programs for Wheat Ridge businesses. The grant programs are matching grants up to specified limits, including the following: • Revitalization Incentive Program (RIP) provides assistance for façade (including architectural design fees) and sign improvements. • Accessibility Grant Program offers assistance for accessibility issues such as handicap bathrooms and ramps. • Commercial Exterior Paint Program is for businesses painting the exterior of their business. • Commercial Landscape Grant is a one-time grant for landscape improvements. The City has contributed funding to the WRBD beginning in 2011 in the following amounts: Year WRBD Contribution 2011 $95,000 2012 $40,000 2013 $90,000 2014 $45,000 2015 $45,000 2016 $45,000 2017 $45,000 2018 $45,000 2019 $90,000 RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 43-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,000 for the purpose of funding the Wheat Ridge Business District Grant Program.” Or, “I move to table indefinitely Resolution No. 43-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the Council Action Form – Contribution to WRBD August 12, 2019 Page 3 amount of $25,000 for the purpose of funding the Wheat Ridge Business District Grant Program for the following reason(s) __________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 43-2019 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2019 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 FOR THE PURPOSE OF FUNDING THE WHEAT RIDGE BUSINESS DISTRICT GRANT PROGRAM WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the WRBD was formed as a joint partnership between local business owners and the City of Wheat Ridge in 2002; and WHEREAS, the WRBD Grant Program serves businesses throughout the City of Wheat Ridge; and WHEREAS, the Council recognizes the value of the grant program in the revitalization of businesses in Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $25,000 is hereby approved from the General Fund undesignated reserves to account 01-105-700-710 and the 2019 revenues are amended accordingly. DONE AND RESOLVED this 12th day of August, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ITEM NO: DATE: August 12, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING THE APPOINTMENT OF A HEARING OFFICER TO HEAR AND DECIDE UPON PROTESTS IN CONNECTION WITH THE REFERENDUM PETITION REGARDING ORDINANCE 1667, SERIES 2019 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Council is asked to appoint a hearing officer to hear and decide upon protests filed in connection with the referendum petition regarding Ordinance 1667. The City Clerk and the City Attorney request that this appointment be made, consistent with the state statute governing procedure for handling initiative and referendum protests. PRIOR ACTION: Council adopted Ordinance 1667 on May 13, 2019. A petition asking for referendum of the ordinance was filed on June 26, and after amendment, was certified as sufficient by the City Clerk on July 27. FINANCIAL IMPACT: The appointed hearing officer will charge the City for the hearing (likely no more than 2 days), as well as time for preparation and issuing any required decisions. BACKGROUND: The Council adopted Ordinance 1677 on May 13, 2019. The ordinance rezoned certain real property 4000-4066 Upham Street. As permitted by the Charter, a referendum petition regarding 6 Council Action Form – Appointment of Hearing Officer August 12, 2019 Page 2 the ordinance was filed on June 26. The petion was initially declared insufficient as to number of signatures by the City Clerk and was amended as permitted by the Charter. The amended petition was declared sufficient by the City Clerk on July 27. Protests to the certified petition were filed by registered electors. Under the applicable state statute, a hearing must be held on the protests. The statute further designates the City Clerk as the hearing officer, “unless some other person is designated by the legislative body” [here, the Council]. The City Clerk has asked that the Council appoint a hearing officer to perform this function, and the City Attorney agrees. Staff is in the process of contacting experienced persons to perform this work and expect to have a recommended individual prior to the August 12 Council meeting. RECOMMENDED MOTION: “I move to appoint , as hearing officer, pursuant to CRS 31-11- 110(3), for the purpose of hearing and deciding upon protests to the referendum petition filed in regard to Ordinance 1667.” Or, “I move to deny appointment of a hearing officer for the purpose of hearing and deciding upon protests to the referendum petition filed in regard to Ordinance 1667.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Janelle Shaver, City Clerk Patrick Goff, City Manager