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HomeMy WebLinkAbout05-09-22 - City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 9, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. 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 Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; Community Development Director, Ken Johnstone; City Treasurer, Chris Miller; Police Chief, Chris Murtha; Director of Parks and Recreation, Karen O’Donnell; Project Manager Lauren Mikulak; Assistant to the City Manager, Marianne Schilling; Deputy City Clerk, Robin Eaton, other staff, guests and interested citizens. APPROVAL OF MINUTES With minor changes, the Study Session Notes of May 2, 2022 were approved, Without objection or correction, the City Council Minutes of April 25, 2022, were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. National Police Week and National Peace Officers Memorial Day Mayor Starker read the Proclamation in support of National Police Week (May 15-21, 2022) and National Peace Officers Memorial Day (May 15, 2022) where he asked Sergeant Steven Brooks and Detective Jose Van Veen to join him and accept them. City Council Minutes May 9, 2022 page 2 He called upon all those living and working in Wheat Ridge, and upon all of our community’s patriotic, civil and educational organizations, to observe them. Mayor Starker recognized Police Officer Alan Fischer who survived a serious attack while on- duty on March 13, 2022. It is important that everyone know and understand the problems, duties, and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception, and the weak against oppression or intimidation. Sergeant Brooks thanked everyone for the showing of support and said that it’s an honor to accept them. National Mental Health Month – May 2022 Mayor Starker invited a special guest up to the podium and by proclamation, declared May as National Mental Health month. Where the City of Wheat Ridge is dedicated to improving the health and wellbeing of its residents by ending stigma and focusing on the integrated role of mental health in all our lives. David Goff, CFO for Jefferson Center for Mental Health accepted the proclamation and thanked the City of Wheat Ridge for recognizing May as mental health month. With a great presence in the city, they are really proud to be part of the community. National Public Works Week Mayor Starker and Mayor Pro-Tem Hultin read the proclamation for National Public Works Week where the public works services provided in our community are an integral part of our resident’s everyday lives and the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, traffic signals and signs, lighting, bridges, storm sewers, drainage, and fleet. Ron Clem accepted the proclamation on behalf of the men and women of the City of Wheat Ridge Public Works Department, and he thanked everyone for the recognition. National Building Safety Month Mayor Pro-Tem Hultin read the proclamation for the National Building Safety Month where in May 2022 it will be recognized that our growth and strength depend on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster. Cornelia Orzescu accepted the proclamation and thanked everyone for the honor. Chief Murtha introduce the new WRPD Public Information Officer, Joanna Small. He relayed some of her attributes in getting the job with the police department, one of them City Council Minutes May 9, 2022 page 3 being a former Colorado resident. Ms. Small spoke on items including her background as a multi-media journalist and other skills. Councilor Weaver introduced Ivy Price who is from a Phoenix area school and doing her 8th grade class project. PUBLIC’S RIGHT TO SPEAK None came to speak Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). I ask that our city council support this rezoning because: 1. This project sits on a underused commercial site. 2. The project wants to build units in the upper $300ks and obtainable housing is needed in our community for workforce and 1st time home buyers who want to live there NOT corporate investors. 3. Density has a benefit that we do not talk about: it is more efficient in terms of water use even when you are adding multiple units. As we are in the 24th year of the worst drought in 1200 years, this is a compelling reason to approve thoughtful density. 4. There are home buyers who do not want big yards and big houses. They want right sized homes and energy efficiencies. 5. Home ownership ought to be available to people who are in the work force with lower paying jobs. It will get increasingly harder for businesses to hire people, schools to hire teachers, etc. if all affordable housing is well outside the Denver Metro area. Our local economy is tied to making sure we have an inventory of housing at all price points, not just the $400k to $1 million range. And really it has become the $600K to $1 million. A 1 bedroom house 2 doors down from us sold two weeks ago for $625,000. The most important reason to approve projects like this and others? Thoughtful, energy and water efficient density adds more residents which means more tax dollars to support our city. That is how we fund our city services and staff. As you represent all of Wheat Ridge, I ask city council to make a decision that logically supports the future of Wheat Ridge. You must act for the future, not for the past when people's idea of family and home were very different than in 2022. May 9, 2022, 11:54 AM Morgan Richards 3255 Ames Street Wheat Ridge, 80212 CONSENT AGENDA There were no items tonight City Council Minutes May 9, 2022 page 4 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:25 PM 1. Council Bill No. 02-2022 - An Ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD) CM Hoppe introduced Council Bill No. 02-2022. Issue The applicant is requesting approval of a zone change from Restricted-Commercial (R- C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for the development of fourteen single-family attached homes at 7585 W. 32nd Avenue. The zone change is compatible with surrounding land uses, provides for housing options, and encourages improvement of the underutilized property. Legal protests were received from neighboring property owners on three sides. As a result of the legal protest, the zone change request will require a supermajority (6 votes or more) for approval. Mayor Starker opened the public hearing. Deputy City Clerk Eaton assigned Ordinance 1732 Staff Presentation Stephanie Stevens, a senior city planner spoke to the council on the issue. The Planning Commission reviewed this request at a public hearing held on March 17, 2022, and recommended approval by a vote of 5 to 2. The staff report with the proposed ODP, and a copy of the Planning Commission minutes, were attached for reference and made a part of the public record. Ms. Stephens described the property as being located on the north side of W. 32nd Avenue, one lot east of Wadsworth Boulevard. W. 32nd Avenue is a minor arterial that runs east-west through the city; while Wadsworth Boulevard is a major arterial that runs north-south. At last count (in 2018) there were about 6,700 trips per day on 32nd Avenue in the location of the subject property. The property is zoned Restricted Commercial (R-C) and has been zoned this way since the City’s incorporation. Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), R-C, Neighborhood Commercial (N-C), and Residential-Three (R- 3) and contain retail, office, and multifamily uses. Crown Hill Cemetery is located further to the southwest. City Council Minutes May 9, 2022 page 5 Adam Vahling and representatives of the applicant gave a brief presentations on their behalf, describing how the townhomes will best use the space for their residences, as it is currently vacant and unused. He thinks that the proposed rezoning will allow for more and better development of the property. The Mayor reviewed the procedures for public comments. Public Comment (Comments started at 7:41 pm) Comments were taken from multiple members of the public on both sides of the issue. Opposing the issue were Jill Brunke, Sandra Tolve, George Butkovich, Catherine Snyder, Bruce Johnson, Renee Bergstrom, Connie Lane, Chris and Elizabeth McCune, Annette Tenorio, and Christopher White. From Zoom format: Mika Strom Those opposed spoke to the following topics: Outdated traffic count, belief of improper hearing notice posting, high density buildings, non-compatible with existing homes in the area, not enough parking, overflow or cut- through drivers, lighting issues, not affordable, conflict with emergency services, sanitation and sewer systems, storm water retention, snow melt, among others. Comments in Support of the issue were from WR Speaks, Morgan Richards and in person was Nora Metz who is renting a room with family in WR and enjoys living in this vibrant community. While going to school and having student debt, she is having a hard time finding a good, affordable home in the city. Margie Robinson who supports more affordable housing in the city and wants to make WR a place where one can buy an affordable house. Mayor Starker closed the public comment at 8:34 pm Council Questions and comments Councilmembers asked several detailed questions about options for zoning this property, which staff and the applicant answered in detail. (Timestamp 1:34) CM Stites asked what the new townhomes will start selling for, if they will be deed restricted or can some someone who purchases the property then turn around and flip it. CM Hoppe asked where people are coming up with the normal property prices that are being spoken about. With the old listing being in the high $300k, where is that amount put at today. She wants diversity in the housing market so we can have diversity in the communities. City Council Minutes May 9, 2022 page 6 CM Dozeman addressed many citizens concerns as possible and was worried that it started out as 11 and then raised to 19 units which increased the density. She also asked staff why it was recommended for PRD rather than R-3 CM Hultin asked what is widely used as the definitions for medium and high-density and if the developer plans to have an HOA or a Metro district. CM Ohm wanted confirmation that these are not condos, yet townhomes which was confirmed. He then asked how tall a restricted commercial building was allowed to be, any considerations for a right in-right out drive, and if the power lines were going to be undergrounded. CM Nosler Beck inquired to know more about irrigation and drainage that would have potential impacts on other neighbors and where would snow be piled up. She also wanted to learn how and where the property was posted. CM Weaver confirmed that there were no posting on the property today. Mr. Dahl stated that standard rules apply if the staff affirms to making posting notices, those establish reasonable efforts and satisfies reasonable obligation for posting. Other questions and comments included • Does the bulk plane change for living spaces. • City charter allows for up to 21 units per acre. • Reconfiguring going to 14 units, what is the calculated square feet for living spaces. • What is the amount of visitor parking spaces. • Is there going to be any afterhours, shared parking with the business location. • Landscaping requirements for existing trees and proposed. • Project duration to build out • Where are the main entrances to the properties located at Mayor Starker closed the public hearing. Motion by CM Hoppe to approve Ordinance 02-2022, An ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R- C) to Planned Residential Development (PRD), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303.D of the Code of Laws. City Council Minutes May 9, 2022 page 7 Motion seconded by CM Hultin; discussion of the motion ensued. The Motion fails due to lack of the required super-majority, vote is 4-4 with CM Stites, Weaver, Dozeman, and Hutchinson voting no. As a matter of procedure, Mr. Dahl asks for a second motion to deny the application itself. Motion by CM Weaver to deny Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD), for the reasons expressed by the councilmembers voting against the project on the previous vote and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting, seconded by CM Stites, discussion of the motion ensued. Motion to deny carries 5-4 with CM Nosler Beck, Ohm, Hultin and Hoppe voting no and Mayor Starker breaking the tie. A brief recess was call by Mayor Starker at 9:30 pm ORDINANCES ON FIRST READING 2. Council Bill No. 06-2022 – An Ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments. CM Hutchinson introduced Council Bill 06-2022 at 9:40pm. Issue The floodplain maps for Jefferson County have been revised to include updates to the floodplain boundaries within three watersheds. The only watershed within the Wheat Ridge city limits is for a tributary to Sloan’s Lake. Adoption of the most current floodplain maps is required by the National Flood Insurance Program. In addition, staff is seeking to make other minor changes to the City’s floodplain regulations to add a couple of necessary definitions and clarify the adoption of the official floodplain maps. Motion by CM Hutchinson to approve Council Bill 06-2022- an ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Stites; motion carried 7-0. CM Weaver was excused for the rest of the meeting City Council Minutes May 9, 2022 page 8 3. Council Bill No. 08-2022 – An Ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties CM Stites introduced Council Bill 08-2022 at 9:45 pm. Issue On occasion, property owners or persons in charge of such properties, have failed to take corrective action to abate certain nuisance conditions on that property. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This ordinance will adopt a new Article V of Chapter 15 of the Wheat Ridge Code of Laws to provide additional tools for the Police Department to address chronic nuisance properties Motion by CM Stites to approve Council Bill 08-2022 - an ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Ohm; motion carried 7-0. 4. Council Bill No. 07-2022 – An Ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances. CM Stites introduced Council Bill 07-2022 at 9:46pm. Issue Illegal street racing is a dangerous activity which poses a threat to those citizens using both public and private roadways. Negative impacts of street racing include excessive noise at late hours, taking over of public property, dangerous stunts, and road racing that endangers the public as well as participants and on-lookers. The Wheat Ridge community has a low tolerance for this behavior. This proposed ordinance will create more tools for Law Enforcement to deter street racing. Motion by CM Stites to approve Council Bill 07-2022 - an ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Hutchinson ; motion carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 9 :47 PM City Council Minutes May 9, 2022 page 9 5.Motion to approve appointment of representatives to the 2023 Community Partners Grant Program Committee CM Nosler Beck introduced the Motion at 9:48pm. Motion by CM Nosler Beck to approve Jerry DiTullio and Brooke Allison to the 2023 Community Partners Grant Program Committee, District I, term to expire after 2024 budget recommendations are presented in 2023, seconded by CM Hoppe, motion carried 7-0. 6.Motion to approve appointments to vacancies on Boards and Commissions Introduced by Mayor Starker at 9:50 PM Issue There are currently four vacancies on various Boards and Commissions within the City of Wheat Ridge. Council questions and Comments CM Hultin stated that she was unaware of the opening in District II for the Cultural Commission and asked for specifics on the matter. Motion by CM Hultin to appoint Stephanie Taylor to the Cultural Commission, District II, term to expire 3/2/23, seconded by CM Ohm, motion passed 7-0. CM Hoppe stated that as there were no applicants from District I and the only applicant is from District II and as the Liquor authority board has recently had out of district changes on the board, she would like to re-open the position for applicants from inside of District I. Motion by CM Hoppe to re-open the advertising of the vacant seat in District I for the Liquor License Authority Board, seconded by CM Hutchinson, motion carried 7-0 Motion by CM Dozeman to appoint Andrew Rasmussen to the Parks & Recreation Commission, vacancy in District IV, term to expire 3/2/23, seconded by CM Nosler Beck, motion carried 7-0 7.Resolution No. 23-2022 - A Resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs. CM Ohm introduced Resolution 23-2022 at 9:55 pm. Issue City Council Minutes May 9, 2022 page 10 Intermountain Healthcare has provided a $20,000 donation to the City of Wheat Ridge. The purpose of this donation is to support the City of Wheat Ridge and the Jefferson County Homeless Navigation Programs in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing. This resolution is to approve a supplemental budget appropriation in the amount of $20,000 to accept the donation and appropriate the funding. Staff Presentation City Manager Patrick Goff and Assistant to the City Manager Marianne Schilling stood by to answer any questions from council. Mayor Starker reviewed the procedures for public comment where no citizens appeared in chambers to address this issue Public Comment No one came forward to speak. Council Questions There were none tonight Motion by CM Ohm to approve Resolution No. 23-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs, seconded by CM Stites, motion carried 7-0. CITY MANAGER’S MATTERS Mr. Goff reminded Mayor and Council that the Leadership Jeffco Local Government day is this Friday and that all are invited to attend at the Lakewood Cultural Center, starting at 11:30. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS CM Hutchinson spoke about the new National Nurses Month of May where the persons give 150 percent to their profession and would like to add the month of May for recognition along with all of the others. CM Nosler Beck stated there have been recent homeowner contacts from people who live by the light rail station that have reached out with problems receiving their mail and is wondering what we can do to help them. Mr. Goff asked for their contact information so that the issue can be looked into further. City Council Minutes May 9, 2022 page 11 CM Stites reported that there is a great business coming to District III with a ribbon coming up for Mikes Camera at the Applewood Shopping center. CM Ohm wanted to say thanks to Jim at DBC irrigation off of Youngfield , who provided excellent customer service. CM Hultin spoke about the construction on Wadsworth where she feels it is going pretty smooth with great communication and advises everyone to be patient and give it a little more time through the area. She also asked that everyone to please do not short cut through residential areas. Other items included the upcoming planning for the west 35th avenue walking and biking project and it’s still open on-line survey. Plus the WR ad ats are seeking volunteers to do some bike and pedestrian counting, so please join and get to know your community. Mayor Starker recognized a long time WR resident Ralph Manzonelli who among other positions held, was a previous city councilor where the Mayor appreciated all of the service he gave to his community and wished to send his condolences. The Mayor also thanked everyone who came and spoke tonight on this issues that are of concern to them as it’s important for the public to express their opinions directly to the lawmakers on council. He reminded everyone that with the good weather there are kids riding and playing along the streets and wishes everyone to please slow down and drive carefully to make sure that we all continue to have a great, safe place to live, work and play in our community. ADJOURNMENT The meeting adjourned at 10:04 pm _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON June 13, 2022 ______________________________ Rachel Hultin, 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions