HomeMy WebLinkAboutCity Council Minutes 09-09-19September 9, 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
Janeece Hoppe Leah Dozeman George Pond Larry Mathews
Absent: Kristi Davis (excused)
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Interim Police Chief, Dave Pickett, other staff,
guests and interested citizens.
APPROVAL OF THE AGENDA
Councilmember Mathews asked to pull Item 1 b from the Consent Agenda.
In order to accommodate a scheduled Executive Session, Mr. Dahl asked that the
following schedule be followed: At the end of the Regular Meeting the
Council should recess to the Special Study Session; then reconvene the Regular
Meeting for the purpose of going into Executive Session. Following the Executive
Session, Council can return to the Regular Meeting and adjourn.
CITIZENS' RIGHT TO SPEAK
Jefferson County Sheriff Jeff Shrader asked the Council to endorse Jefferson
County Ballot Issue 1A. It is a TABOR timeout. He explained the ramifications for
public safety if the measure does not pass.
• The sheriff's budget will be cut about $10M.
• He will have to close one housing floor (of five) of the jail in 2020, and close another
floor in 20212. That's 640 beds.
• This reduction of about 550 inmates will force him to do two things:
1) Enact a court ordered reduction of sentences by 50%.
2) Refuse to accept prisoners for petty offenses, municipal offenses, and up to and
including Class 4 Felonies. Offenders with multiple DUls and some with
"persons crimes" would be included in this.
City Council Minutes September 9, 2019
page 2
• The DA's budget will also be cut by $1.5M. This will reduce the number of lawyers
and investigators and change public safety policy throughout the County.
Citizens can look to KeepJeffcosafe.com for more details. He asked the Council to
please pass a resolution in support of 1A.
1. CONSENT AGENDA
a. Motion to cancel the Study Session of the Wheat Ridge City Council on
November 4, 2019, due to the Municipal Election
b. Resolution No. 48-2019 — a resolution concerning the acquisition and
acceptance of private property for the purpose of constructing, installing,
maintaining, and using public improvements for improving the intersections of
W 52nd Avenue/Ward Road and Ridge Road/Ward Road and the pedestrian
bridge, associated plaza areas, and the multi -use trail by negotiation and
voluntary purchase and authorizing such action as necessary to accomplish
said purposes [acquisition costs: $711,480, from 2E funds]
c. Resolution No. 49-2019 — a resolution approving an intergovernmental
agreement with the City of Mountain View regarding Stormwater Drainage
Improvements [415t & Fenton]
d. Resolution No. 50-2019 — a resolution approving the memorandum of
understanding between the West Metro Fire Protection District and the City of
Wheat Ridge concerning DUI blood draw services [WMFPD has personnel
trained for this]
Councilmember Pond introduced the Consent Agenda.
Motion by Councilmember Pond to approve the Consent Agenda Items a), c), and d);
seconded by Councilmember Hoppe; carried 7-0.
Councilmember Pond introduced Consent Item 1 b.
Motion by Councilmember Pond to approve Item 1 b; seconded by Councilmember
Hoppe.
Councilmember Mathews asked if this would include eminent domain. No. It authorizes
all other options, but eminent domain would come to Council.
The motion carries 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 13-2019 — An Ordinance amending the Wheat Ridge Code of
Laws concerning procedures for protests under Section 5.10 of the Home Rule
Charter (Case No. ZOA-19-03)
City Council Minutes September 9, 2019
page 3
The City Charter provides for a legal protest to be filed against a zone change request.
If a protest by 20% of adjacent property owners is received, the rezoning ordinance
must be approved by a % vote of the entire Council (6 votes). The purpose of this code
amendment is to clarify the protest procedure and to enact a delay in the public hearing
in the event a protest is received.
Councilmember Hoppe introduced Council Bill 13 -2019.
Mayor Starker opened the public hearing.
City Clerk Shaver assigned Ordinance No. 1673.
Staff Presentation — Jerry Dahl
• This doesn't change the Charter; it implements the Charter for protest procedures.
• The Charter doesn't define the time when a protest can be filed; this ordinance will.
• The motion in the packet is the 1St reading version. He has given Councilmember
Hoppe the 2nd Reading version. He recommended some additional changes:
o Detailing the protest process in one place — not three as currently exists.
o Community Development Department figures out if the 20% is met.
o A recess can occur to determine if the protest is sufficient.
o If sufficient, the item will be continued to the next meeting.
o Includes properties diagonally adjacent to the corners of the subject property.
o A protest can by rescinded by a written instrument. (Council could disallow
withdrawal of a protest if it wishes.)
o At Council's request, it is written to require protests to be filed prior to
commencement of the hearing.
Public Comment
Meghan Schleicher (WR) has concerns about this. Citizens are at a disadvantage,
while staff and developers are experts on this. Citizens should be given plenty of time,
as the ability to obtain signatures is a challenge. Also, who do we call for answers to
questions — including what properties are eligible to protest. Please include wording
that provides the ability of citizens to correct their protest, and provides a way of
knowing which addresses are to be included.
Dorothy Archer (WR) donated her time to Thor Figlus.
Thor Figlus (WR) spoke in opposition to this change.
• At best it is unnecessary; at worst it is erroneous and subverts the Charter.
• The Charter specifically does not require advance submission of a protest to prevent
undue influence from being exerted against the protesters. Protests can be
submitted "at the hearing". Requiring a continuance will effectively create a two
week advance submission requirement in direct opposition to the intent of the
Charter.
• A protest does not create a pressing need or change the facts of the case.
• The matter is quasijudicial; Council should not be discussing it.
City Council Minutes September 9, 2019
page 4
• The only thing that can change is withdrawal of a protest; protests cannot be added.
This opens the door for unsavory influence on a protestor. Given the zealousness of
a developer currently pursuing his rezoning in this city, it isn't hard to imagine this
happening.
• If anything, Council should be adopting an ordinance requiring them to vote on a
rezoning that has a protest at the hearing - without a continuance.
• He noted an error in the diagram Figure 26-11.2 panel E. He explained how the
corners should remain and cited precedent in Case WZ 18-09 in Aug 2018 when a
diagonal property across the street was allowed to protest and it was accepted.
Rachel Hultin (WR) spoke in favor of the ordinance.
• It came forward from her remarks about the desire to have more notice,
transparency, predictability and inclusion.
• If there's a protest that means there is something that needs to be addressed.
• If citizens have gone through the process, we should pay closer attention to it. They
should be allowed that extra time.
• A protest changes the dynamic on the dais and creates tension.
• She didn't expect all the nuances that came out of this process (e.g. corners).
Citizens should all have the same accurate information.
• She understands the issue of opening this up to undue influence, but ultimately our
community values predictability, inclusion and transparency.
• A protest is a signal to pay closer attention. She thinks it's fair to give us all time to
understand what that is.
Odarka Figlus (WR) responded:
• If the desire is predictability, stability and integrity, this proposal works against all of
those things and will jeopardize the City's integrity and predictability. Everyone,
including developers, should understand/expect the possibility of a protest.
• Regarding tension on the dais, there should be none; discussion should be only
about the merits of the case.
• During the intervening 2 weeks period, there could be undue influence through the
police power of the City or influence on the protester to withdraw their protest. There
is already hesitancy to protest for fear of repercussions.
• Being allowed to file a protest during a hearing makes sense because sometimes
you have to listen to the proposal before you know if you want to protest.
• It's also hard to get people to come again to another meeting. People won't trust
what's happening — wondering what back room deals could happen during the two
weeks.
• This can also be unfair to the developer. If he has a good proposal he has to wait
and uncertainty is added.
• This not fair to anyone. It doesn't open the process; it clouds it up.
Council Questions
Councilmember Mathews had concerns about not including properties diagonal across
the street in the "100 feet". Mr. Dahl agreed that the intent of the Charter was as if the
street was not there, and advised Council could articulate that if they wished.
City Council Minutes September 9, 2019
page 5
Councilmember Weaver asked if notification would now include these diagonal areas.
Mr. Johnstone outlined the notification policy: 600ft for the neighborhood meeting, 2-
300 ft for rezoning, depending on the type of land use application, and immediately
adjacent for subdivision plats. The 100 ft will be calculated around the whole perimeter
of the property.
Councilmember Kueter had questions about the 20% and noted that adding more
properties could be a 2 -edged sword.
Councilmember Urban noted the Charter says protests are to be received "by the
hearing". If we can't require protests to be due by 1St Reading, how can we require
protests by the start of the hearing (2nd Reading), then continue it, prohibiting further
protests, and essentially create a Third Reading? During discussion Mr. Dahl advised
that Council gets to decide what "by the hearing" means and needs to decide when the
door closes for protests. If it is "at the commencement of the hearing" followed by
mandatory continuance, the letter of the Charter is satisfied, but probably not the spirit
of the Charter. While no new protests could be filed during the next two weeks, the list
of things that could happen in two weeks is large. The continuance satisfies the Charter
but raises other concerns.
Councilmember Hoppe asked if Council could add "once the hearing has commenced,
no new protests can be submitted". Mr. Dahl indicated that is possible with the words
"prior to initial commencement of the hearing".
Councilmember Kueter inquired if multiple owners protest, to make the 20%, what if one
property owner withdraws. Mr. Dahl advised it can be individual protest documents or
one document signed by multiple protesters — in which case all protestors would have to
agree to withdraw the protest. In any case, you still need to follow the 20%.
Councilmember Urban confirmed with Mr. Dahl that there is currently nothing in the
Charter that prevents Council from continuing a hearing. He encouraged maintaining
flexibility.
Mayor Starker closed the public hearing.
Motion by Councilmember Hoppe to approve Council Bill 13-2019, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning the right of protest
procedure for rezoning decisions, on second reading, order it published, and that it take
effect 15 days after final publication, with the following adjustments;
• Section 1.7: Add a new a) to read "prior to the commencement of the hearing",
• Adjust subsequent lettering,
• Page 3, Figure 26-112.1, Figure E: Add the corner properties
seconded by Councilmember Kueter.
City Council Minutes September 9, 2019
page 6
Motion by Councilmember Urban to amend changing "Council shall" to "Council may";
seconded by Councilmember Mathews. Discussion followed and the amendment failed
3-4, with Councilmembers Hoppe, Weaver Kueter and Pond voting no.
Mr. Dahl received clarification from Councilmember Hoppe regarding changes to
paragraph 7. She agreed to strike "no later than", and replace it with "prior to
commencement of'. Councilmember Urban noted that language comes from the
Charter, so how can we amend Charter language in the Code? Mr. Dahl agreed and
recommended new wording.
Councilmember Hoppe restated the motion with new wording.
Motion by Councilmember Hoppe to approve Council Bill 13-2019, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning the right of protest
procedure for rezoning decisions, on second reading, order it published, and that it take
effect 15 days after final publication, with the following amendments;
• Section 1.7: Add a new a) to read "All protests shall be submitted prior to the
commencement of the public hearing"
• Adjust subsequent lettering,
• Page 3, Figure 26-112.1, Diagram E: Diagonal properties shall be added as
shown in Diagram B
The second to the motion agreed.
Motion by Councilmember Weaver to amend the main motion by adding a subsection
h) stating the Community Development Department shall provide written guidance to
the public on procedures for protest; seconded by Councilmember Hoppe; carried 7-0.
Discussion of the main motion continued.
o Councilmember Kueter: We should be encouraging the developer and the
protesters/neighbors to work together.
o Councilmember Hoppe: This is an effort to grow inclusivity and transparency. All
citizens benefit when the playing field is leveled.
o Councilmember Pond thanked people for coming in and speaking. Allowing protests
up until the start of the hearing preserves the ability for "last minute" protests.
o Councilmember Urban: This does not level the playing field. It forces unnecessary
delay of the process, ties Council's hands, and is an impediment to citizens' rights.
o Councilmember Dozeman: Planning Commission voted this down for a variety of
reasons. Tension prevents good discussion.
Motion by Councilmember Dozeman to continue this item to the next Regular Meeting
for review and further discussion of the proposed amendments; second by
Councilmember Urban; carried 7-0.
3. Resolution No. 51-2019 — A Resolution approving a two -lot subdivision with
variances for lot width and lot size for property zoned Residential -Three (R-3)
City Council Minutes September 9, 2019 page 7
located at 2810 and 2816 Benton Street (Case No. WS -19-05 / Horton
Subdivision)
The applicant is requesting approval of a two -lot subdivision with lot width and size
variances. The purpose of the request is to allow for two existing single-family homes to
be contained on separate lots, with one also encompassing a carriage house which
currently functions as a legally nonconforming third dwelling unit.
Councilmember Kueter introduced Resolution 51-2019.
Mayor Starker opened the public hearing and swore in the speakers.
Staff Presentation - Planner Stephanie Stevens
• Ms. Stevens entered into the record the case file, the subdivision regulations, and
the contents of the digital presentation.
• She testified that all posting and notification requirements had been met.
• The 0.30 acre property was originally subdivided in 1893. Two single family homes
and a carriage unit were built in 1917, 1930 and 1970 (pre -dating City zoning regs).
• A chicken coop converted to dwelling unit was recently demolished. The carriage
unit is a legal non -conforming structure.
• Zoning is R-3 and is surrounded by similar zoning with primarily single family
houses.
• The proposal re -subdivides from 4 lots to 2; Council approval is needed on this due
to the request for variances.
• The structures were developed over lot lines. There are several nonconformities,
but the subdivision improves and decreases incrementally those nonconformities.
• Layout allows two existing single-family homes to be contained on separate lots,
with one including the carriage house - a legal nonconforming 3rd dwelling unit.
• The requested variances are lot width (slightly narrower than allowed in R-3).
• Public improvements are in place and do not need to be added.
• Outside agencies can serve the property and have no concerns.
• The 15 -day public hearing notice generated no calls or letters of opposition.
• Staff and the Planning Commission recommend approval of the subdivision with
variances.
Applicant
Mr. Terry Horton, who lives on Cody in Lakewood, spoke.
o Each property has electricity and gas lines.
o Plumbing and furnaces were upgraded to code 20 years ago.
o It's zoned R-3 but he will not build a triplex; he is signing a document that neither he
nor anyone who buys it in the future can build a triplex.
o They lived in the big house for 5 years. All houses have been rentals for the last 15
years. They want to sell off one house to pay off mortgage for the other one. A
property management company will tend to the one they keep.
Public Comment
Council Questions
No one came forward to speak.
City Council Minutes September 9, 2019
page 8
Councilmember Weaver asked about the possibility of an R-3 dwelling. Ms. Stevens
testified that due to lot size it will only ever allow single family houses.
Councilmember Mathews is not sure things will not change. Mr. Johnstone explained
that absent any changes to the zoning or the development regulations these lots are
only big enough to allow a single family home on each lot. The carriage house is legally
non -conforming; if it is torn down it cannot be rebuilt.
Mr. Horton stated he is not a developer. He will sell one lot and keep one as a rental.
Mayor Starker closed the public hearing.
Motion by Councilmember Kueter to approve Resolution No. 39-2019, a resolution
approving a two -lot subdivision with variances for lot width and lot size for property
zoned Residential -Three (R-3) located at 2810 and 2816 Benton Street 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 requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws.
4. All agencies can provide services to the property with improvements installed at
the developer's expense.
5. The variance request is in compliance with a majority of the review criteria.
seconded by Councilmember Hoppe; carried 6-1, with Councilmember Mathews voting
no.
ORDINANCES ON FIRST READING
4. Council Bill 15-2019 — An Ordinance amending Chapter 26 Article VIII, of the
Wheat Ridge Code of Laws to add floodplains in the Sloan's Lake watershed to
the City's Floodplain maps as a Local Flood Hazard Area
The Sloan's Lake Flood Hazard Area Delineation (FHAD) is now ready to be adopted as
a Local Flood Hazard Area (LFHA).
Councilmember Kueter introduced Council Bill 15-2019.
Motion by Councilmember Kueter to approve Council Bill 15-2019 - an ordinance
amending Chapter 26 Article VIII, of the Wheat Ridge Code of Laws to add floodplains
in the Sloan's Lake watershed to the City's Floodplain maps as a Local Flood Hazard
Area, on first reading, order it published, public hearing set for Monday, September 23,
2019 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final
publication; seconded by Councilmember Urban; carried 7-0.
City Council Minutes September 9, 2019 page 9
DECISIONS. RESOLUTIONS AND MOTIONS
5. Motion to award a contract and approve subsequent payment of $83,000 to KC
Construction Inc., of Castle Rock, CO, for the Wheat Ridge Police Evidence
Building improvements and approve a 10% contingency in the amount of $8,300
The project will add a second floor within one side of the building to create more storage
space for evidence. Modifications will include structural, mechanical and electrical
additions/improvements.
Councilmember Dozeman introduced Item 5.
Staff Presentation
Karen O'Donnell spoke briefly. This project will complete the build -out of the evidence
building and provide much-needed space for storage of evidence.
There was no public comment, and there were no questions from Council.
Motion by Councilmember Dozeman to award a contract and approve subsequent
payment of $83,000 to KC Construction Inc., of Castle Rock, CO, for the Wheat Ridge
Police Evidence Building improvements and approve a 10% contingency in the amount
of $8,300; seconded by Councilmember Weaver; carried 7-0
6. Resolution No. 52-2019 —A Resolution approving the acceptance of Justice
Assistance Grant (JAG) funds in the amount of $10,440 to be combined with
budgeted funds to upgrade three security cameras covering the Police
Department parking lot
The WRPD would like to combine the 2019 JAG funds with $6,218 of budgeted IT
Division funds to upgrade three security cameras that monitor the employee parking lot
east of the police building to a digital format.
Councilmember Urban introduced Item 6.
Staff Presentation — Dave Pickett was available for questions
Council had no questions. No one from the public spoke..
Motion by Councilmember Urban to approve Resolution No. 52-2019, a resolution
approving the acceptance of Justice Assistance Grant funds in the amount of $10,440
to be combined with budgeted funds to upgrade three security cameras covering the
Police Department parking lot; seconded by Councilmember Dozeman; carried 7-0.
City Council Minutes September 9, 2019
page 10
CITY MANAGER'S MATTERS
Mr. Goff reported the long awaited hiring of a new Public Works Director. He will start
November 1 after he finishes some projects in North Dakota and moves his family here.
A press release will be issued. - Rocky Mountain Bottle has a proposal from PraxAir
for long term noise mitigation. In the meantime they've done some short term fixes -
adjusting the cycling of the oxygenator and changing piping that was improperly
installed. .
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Leah Dozeman reminded everyone the Farmers 5000 is this weekend, Sunday at gam.
Motion by Janeece Hoppe to have a resolution in support of Jeffco1A prepared for a
vote at the next meeting; seconded by Councilmember Kueter; carried 7-0.
Mayor Starker reported attending the Ridge Fest. It was a great time. He thanked the
City staff that volunteered to help with the event and Localworks for their collaboration.
The Mayor recognized Councilmember Urban for the purpose of a motion.
Motion by Councilmember Urban to recess to a Special Study Session for a report on
the Clear Creek Crossing PIF Collecting Agent Agreement, seconded by
Councilmember Hoppe, carried 7-0.
RECESS TO SPECIAL STUDY SESSION at 9:OOpm (A short break was also taken
[Notes for the Special Study Session are under separate cover. Audio of the Special Study
Session is available within the recording of this Regular Meeting. Cf. 9:13-9:21pm.]
RECONVENE CITY COUNCIL MEETING at 9:21 pm
Following the Special Study Session, Mayor Starker reconvened the Regular City
Council Meeting and recognized Councilmember Hoppe for the purpose of a motion.
Motion by Councilmember Hoppe to go into Executive Session for a conference with
the City attorney and City Manager and appropriate staff under Charter Section 5.7(b)l
CRS 24-6-402(4)(b) to receive legal advice concerning pending litigation
Clark/Sorrentino and McLeod, and to return to the open meeting at the close of the
Executive Session for the purpose of taking any final action deemed necessary;
seconded by Councilmember Urban; carried 7-0.
RECESS TO EXECUTIVE SESSION at 9:22pm.
City Council Minutes September 9, 2019
The Executive Session was held in the Lobby Conference room.
RECONVENE REGULAR MEETING
Following the Executive Session the Regular Meeting was reconvened at 9:55.
There being no further business Mayor Starker declared the meeting adjourned.
ADJOURNMENT
The meeting adjourned at 9:55pm.
1 11
elle Shaver, City Clerk r
APPROVED BY CITY COUNCIL ON October 28, 2019
1--� --
Janeece Hoppe, Mayor Pro tem
page 11
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.