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HomeMy WebLinkAbout04-11-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 11, 2022 7:00 p.m. This meeting will be conducted as a virtual meeting and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 11, 2022). 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join or provide public comments. • Or call +1-669-900-6833 with Access Code: 869 2207 2172 Passcode: 304676 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for languages other than English are asked to contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES • March 21, 2022, Study Session Notes APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES • National Public Safety Telecommunicators Week (April 11-17) • National Crime Victims’ Rights Week (April 24-30) • Earth Day Celebration (April 22, 2022), and 150th Anniversary National Arbor Day Celebration (April 29, 2022) CITY COUNCIL AGENDA: April 11, 2022 Page -2- PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 18-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the addition of two full-time employees for police tele-serve positions b. Resolution No. 20-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $71,859 for the addition of one full-time, time-limited employee for Housing Navigation services PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 19-2022, a resolution approving a major subdivision on property located at 5800-5990 W. 38th Avenue and zoned Mixed Use-Neighborhood (MU-N). ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS NONE CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting March 21, 2022 Mayor Bud Starker called the Study Session to order at 6:30 p.m. 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. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Valerie Nosler Beck (virtually), Janeece Hoppe, Leah Dozeman, and Rachel Hultin. Also, present: Rep. Monica Duran; Senator Jessie Danielson; Meghan Dollar, CML; City Manager Patrick Goff; City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; Director of Administration, Allison Scheck; Chief of Police, Chris Murtha; Division Chief, Jim Lorentz; Commander Jon Picket and Commander Lucas Hunt, WR Police Department; Assistant to the City Manager, Marianne Schilling; Colorado Municipal League Legislative Advocacy Managers Meghan Dollar and Meghan MacKillop, interested citizens and guests. Citizen’s Right to Speak No one came forward to speak. Note about Wheat Ridge Speaks: Citizens 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. No comments appear in WR Speaks related to this session. 1. 2022 Colorado Legislative Update Discussion of this item began at approximately 6:33 pm Issue The Legislative Update is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation and Wheat Ridge positions/priorities for the 2022 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League (CML) Legislative Advocacy Manager Meghan Dollar will be available to review legislation and answer questions. Staff Reports Ms. Schilling described the agenda and the discussion of Priority Legislative Issues, including the CML Box Score of Bills, Bill list and 2022 with Legislative priorities by Meghan Dollar and Meghan MacKillop from CML discussed several bills under consideration, touching upon a variety of issues, including: • Tiny houses and affordable housing • Municipal courts • People experiencing homelessness • Sexual harassment • Employment law and discrimination • Behavioral health • Open meetings, open records • Criminal justice and police conduct • Juvenile justice • Sales and use taxes • Centralized statewide business license agency, among other subjects that representatives and state senators have introduced. Ms. Dollar listed and emphasized bills of interest to municipalities introduced in the first month of this legislative session. She discussed funding for transportation at length, and bills that have been introduced or will be introduced soon. Rep. Duran discussed several bills of particular importance that she is working to get passed, regarding safety and security of election staff and workers; Hero’s’ Pay, a bill to compensate front line workers (including first responders, grocery store staff, …) with a onetime stipend. Sen. Danielson also discussed several bills on which she is working, related to First Nations/Indigenous Peoples, Safe wildlife crossing and motorists, and the safety and well-being of senior citizens. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion with CML’s staff, and Rep. Monica Duran. Chief Murtha thanked Sen. Danielson and Rep. Duran for their time and interest. Chief Murtha commented on several legislative issues, including the rights of convicted felons, especially drug dealers, to carry firearms (Senate bill 1257) and opined that law enforcement officers are also first line heroes as well. Judge Randall commented on six bills impacting municipal courts, all of which he opined need revisions. He gave specific examples in terms of juvenile justice and sealing of court records. Councilmembers thanked both staff and Ms. Dollar for their briefings and for their presentation, and Rep. Duran and Senator Danielson for her time and contributions to the discussion. CM Nosler Beck excused herself following the discussion of this Item 1. 2. Police Department Telephone Reporting Unit Discussion of this item began at approximately 7:54 pm Issue To improve the Wheat Ridge Police Department’s response to emergent calls for service, the organization assigns sworn police officers to a newly formed Telephone Reporting Unit (TRU). The practice of using officers in this capacity has improved the department’s ability to respond to reports of criminal activity in the City of Wheat Ridge. Staff Reports Commander Lucas Hunt and Chief Murtha presented to Council a summary of the recent work of the TRU. They recounted the experience to date with the TRU and needs going forward. Cmdr. Hunt asked for guidance from Council on TRU going forward, calls for service generally and specially how TRU helps shift call responses that are non-emergency, non-violent calls and free patrol resources to handle more of those kinds of urgent and public safety calls for service. Cmdr. Hunt also discussed the budget impact and service improvements that would result of we use civilian TRU service staff; currently sworn officers on limited duty take these calls. Councilmembers had questions and comments: Every councilmember who commented on TRU expressed their support for the proposed change in staffing TRU with well-trained civilian staff to answer the TRU calls for service. Councilmembers asked detailed questions about several topics, including: 1. How much time the proposed change would free up for sworn officers? 2. What impact the proposed changes would have on officer retention and department morale? 3. How will TRU dovetail with Jeff Comm (the consolidated municipal emergency calling service across Jefferson County)? 4. Will this new process impact the availability of officers to speak with citizens face to face? 5. Will this approach allow us to hire retired or other experienced law enforcement officers to provide better, faster and more effective service? 6. If a citizen wants to upload photos, audio, or video recordings to help establish the need for a call for service? Chief Murtha and Cmdr. Hunt gave detailed and informative answers. Mayor Starker proposed a consensus to bring forward an action to Council to move forward with TRU. Consensus attained. 3. Staff Report(s) Discussion began at 8:13 pm, Mr. Goff commented on how the City can use Federal CoVid recovery dollars to support crime prevention. Mr. Goff also responded to a story aired last week on 9News, and the slant the reporters took. The City was and is already working on the solutions to the issues the TV report raised. This will be a long-term process, and staff may come to Council for supplemental budget dollars. Mr. Goff also commented on using some of our ARPA funds to hire a second, full-time homeless navigator due to the heavy workload. He and Chief Murtha also discussed next steps with the new hotel licensing process and the cooperation (or lack of it) among hoteliers to resolve the issues involved, and the mileposts on the calendar. Chief Murtha commented that currently several of our hotels are uncooperative and resisting compliance. Mr. Goff indicated that staff would return to Council later this spring with information to discuss the deadline for compliance with our new hotel, motel and extended stay licensing and operating ordinances. 4. Elected Officials’ Report(s) City Clerk Kirkpatrick stated that there are still three openings on the Boards and Commissions: Liquor Authority DI, Parks and Recreation DIV, and the Board of Adjustments at large positions. The application can be found on the city website at ci.wheatridge.co.us/Boards-Commissions and for more information may call Stephanie Pomponio at 303-235-2977 CM Hultin commented on the recent delegation trip to the Municipal League in Washington. They met with Representative Perlmutter and Senators Bennet and Bennet, who were welcoming and supportive. Our delegation asked for funding to support several projects in the City. CM Ohm echoed CM Hultin’s comments and expressed his gratitude for the opportunity because he made important networking connections and learned a great deal of new information. He visited New Image Brewing recently and enjoyed meeting the business owner. CM Dozeman also enjoyed visiting the new brewery as well. She attended the Yak and Yeti grand opening event last week and both she and her children greatly enjoyed the food. New business owners and those thinking of opening a business have a lot of resources available to help them. CM Hutchinson asked for an update on how the implementation of the Noise Ordinance is going. Last weekend she could hear and even feel vibrations from an amplified sound event nearly a mile away from her home. Mr. Goff discussed to the specific incident report and how WR PD responded. The Mayor commented on the Coffee with the Mayor on March 12, which he opined was a very successful event. Today he attended the groundbreaking for the I-70 and 38th Avenue bridge with Federal lawmakers and other dignitaries. ADJOURNMENT The Study Session adjourned at 8:43 PM. APPROVED BY CITY COUNCIL ON April 11, 2022. Steve Kirkpatrick, City Clerk Rachel Hultin, Mayor Pro Tem PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 10-16, 2022, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Jefferson County Communications Center; and WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Telecommunicators of the Jefferson County Communications Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, in recognition of this event, do hereby proclaim the week of April 10-16, 2022, as NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK To honor of the men and women whose diligence and professionalism keep our city and citizens safe. IN WITNESS THEREOF, on this 11th day of April 2022. ____________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 24-30, 2022 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK WHEREAS, the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels that established essential rights for victims; and WHEREAS, the rights of crime victims are best protected when all participants in the criminal justice process, not only victims, are appropriately educated about victims' rights; and WHEREAS, supporting victims of crime is crucial to the U.S. justice system because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self-defined goals; and WHEREAS, the accomplishments of the victims' rights movement, achieved through compassion and collaboration, and built on the courageous advocacy of individual victims and their families across the country, inspire in us hope for future progress and greater healing; and WHEREAS, the City of Wheat Ridge is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim service providers, and bringing hope and healing to all victims and survivors. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, in recognition of this event, do hereby proclaim the week of April 18-24, 2022, as CRIME VICTIMS’ RIGHTS WEEK And reaffirm this City’s commitment to creating a victim service and criminal justice response that assists all victims of crime, and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice and peace. IN WITNESS THEREOF, on this 11th day of April 2022. ____________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION EARTH DAY CELEBRATION – APRIL 22, 2022 150TH ANNIVERSARY NATIONAL ARBOR DAY CELEBRATION – APRIL 29, 2022 WHEREAS, all people, regardless of race, gender, income, or geography, have a right to a healthy, sustainable environment with economic growth and opportunity; and WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the Earth's beauty and resources; and WHEREAS, this year marks the 52nd anniversary of the Earth Day movement; let it be known that the city of Wheat Ridge, Colorado, encourages all businesses, institutions, and individuals to celebrate the Earth and commit to caring for the planet and its resources; and WHEREAS, trees provided one of the first business opportunities in Wheat Ridge in the 1860's; and WHEREAS, trees continue to be an important part of the quality of life to community members and visitors, enhancing property values and community spirit; and WHEREAS, residents, businesses, green industry, elected officials and staff continue to work together to maintain and provide for tree covered streets, parks and properties as part of a comprehensive Community Forestry program; and WHEREAS, the City of Wheat Ridge has been awarded “Tree City U.S.A.” by the National Arbor Day Foundation for 42 years. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare Friday, April 22, 2022, as CITY OF WHEAT RIDGE EARTH DAY CELEBRATION Encouraging people in Wheat Ridge to combat climate change and environmental degradation, support green economy initiatives, and to inspire others to undertake similar actions; and I also declare Friday, April 29, 2022, as CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION Encouraging community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: April 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 18-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $100,000 FOR THE ADDITION OF TWO FULL-TIME EMPLOYEES FOR POLICE TELE-SERVE POSITIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____ ___________________________ ______________________________ Chief of Police City Manager ISSUE: The police department has experienced increased calls for service, which has reduced the amount of unallocated time that patrol officers typically use to apply directed patrol and community policing activities. To address this concern, the police department recommends adding two (2) non-sworn tele-serve positions. The tele-serve positions will provide a convenient option for members of the community to report non-emergency calls by telephone, thereby freeing up patrol officers for better public engagement, allowing officers to increase proactive patrol and engage in Relationship-Based Policing strategies. PRIOR ACTION: On March 21, 2022, the City Council reviewed a proposal from the police department recommending the creation of a Telephone Reporting Unit (TRU). The proposal was to hire two tele-serve positions staffed seven days a week from 7:00 a.m. to 5:00 p.m. The tele-serve positions would evaluate calls for service and initiate a police report while working with officers to provide reporting options for non-emergency criminal activity. Council Action Form – Tele-serve Positions April 11, 2022 Page 2 FINANCIAL IMPACT: The position has been classified by the Human Resources Manager as a non-exempt grade 50 in the City’s 2022 pay plan. The position’s pay range is $42,900 to $60,100. Assuming a starting rate close to the middle of the grade and inclusive of FICA, Medicare, pension, benefit the cost for a full year is estimated at $58,640 (x 2 positions) = $122,280. For 2022, the addition of these positions with equipment and training will require a supplemental budget appropriation of $100,000. Diverting this function from sworn officers to civilian employees will save the City approximately $33,000 annually. ARPA funding will fund these positions through 2026. BACKGROUND: The organization currently utilizes sworn personnel to form a Telephone Reporting Unit (TRU) to improve the Wheat Ridge Police Department’s response to criminal calls for service. Using officers in this capacity has improved the department’s ability to respond to reports of illegal activity in the City. The tele-serve positions have been vital for investigating and documenting property-based crimes that do not require an in-person response by a Wheat Ridge police officer. TRU monitors pending calls for service using the computerized aided dispatch system, and officers are generally staffed seven days a week from 7:00 a.m. to 5:00 p.m. to evaluate calls for service and contact the complainant. All calls handled by TRU are typically documented in a police report and submitted for review and approval by the end of the duty day. The use of tele-serve officers has shown that it frees up patrol officers to devote more time to proactive police patrols and allows greater availability for higher priority calls for service. The tele-serve reporting process will also enable victims of crimes to report cases where suspects are gone, like shoplifting, thefts from an open vehicle, and criminal mischief where a reporting party may only need a report for an insurance claim. Last year, tele-serve officers took 6.3% of the total calls for service for the Wheat Ridge Police Department and handled more than 10% of the calls for service during the hours they worked. Tele-serve officers took more than 14% of the citizen-initiated calls, allowing patrol officers to respond more expeditiously to higher priority calls for service, conduct proactive patrols, engage with citizens, and address community concerns on a more personal level. As the department continues to look for added methods to reduce the impact of higher call volumes on officers in the field and minimize the need for non-emergency calls for service, the tele-serve positions have been assessed for permanent designation using non-sworn personnel. Results from police departments around the country have shown that the personnel assigned to tele-serve positions have performed at a higher level than intermittent police officers who are temporarily appointed and rotated through a TRU. The use of non-sworn report takers reduces the cost of providing crime reporting services to the members of the community. The police department has implemented the option for community members to report specific calls for service through an online reporting system. Finally, the evaluation of internal processes is constant and provides the organization with opportunities to improve our methods to deliver the best services to members of the community. The Council Action Form – Tele-serve Positions April 11, 2022 Page 3 addition of two non-sworn tele-serve positions would allow the police department to take a step forward to increase the level of service to the community and reduce the impact of an ever-escalating call load for officers. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request and additional FTE request. RECOMMENDED MOTION: “I move to approve Resolution No. 18-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the addition of two full-time employees for police tele-serve positions.” Or, “I move to postpone indefinitely Resolution 18-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the addition of two full-time employees for police tele-serve positions for the following reason(s)_______________________________________________________.” REPORT PREPARED AND REVIEWED BY: Lucas Hunt, Police Commander Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 18-2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $100,000 FOR THE ADDITION OF TWO FULL-TIME EMPLOYEES FOR POLICE TELE-SERVE POSITIONS WHEREAS, the addition of the two full-time employees will support police officers in responding to calls for service and reduce wait times for residents of Wheat Ridge needing to file a police report. The use of tele-serve allows officers to devote more time to proactive police patrols, provides greater availability for higher priority calls, and allows officers to engage in Relationship-Based Policing strategies more actively; and WHEREAS, the tele-serve reporting process will enable victims of crimes to report cases where suspects are absent, like shoplifting, thefts from an open vehicle, and criminal mischief where a reporting party may only need a report for an insurance claim; and WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. A transfer of $83,100 is approved from the General Fund undesignated reserves to account 01-211-600-602 A transfer of $8,900 is approved from the General Fund undesignated reserves to account 01-610-600-626 A transfer of $8,000 is approved from the General Fund undesignated reserves to account 01-117-800-809 Section 2. An increase of 2.0 FTEs is approved to accommodate the staffing of tele-serve positions. DONE AND RESOLVED this 11th day of April 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1b DATE: April 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $71,859 FOR THE ADDITION OF ONE FULL-TIME, TIME-LIMITED EMPLOYEE FOR HOUSING NAVIGATION SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____ ___________________________ City Manager ISSUE: Demand for the City’s Homeless Navigation Program’s services has continued to steadily rise since it began in December 2020. As this program grows, additional staff support is needed. This full-time Housing Navigator position will partner with the existing Homeless Navigator to connect the City’s unhoused population to resources and housing through 2026. PRIOR ACTION: During the April 4, 2022 City Council Meeting, City Council provided consensus to move forward with one, time-limited full-time Housing Navigator through 2026 using American Rescue Plan Act (ARPA) funds. FINANCIAL IMPACT: The position has been classified by the Human Resources Manager as a non-exempt grade 210 in the City’s 2022 pay plan. The position’s pay range is $57,200 to $85,730. Assuming a starting rate close to the middle of the grade and inclusive of FICA, Medicare, pension, and benefits, the cost for a full year is estimated at $84,629. Additionally, technical support (IT set up, phone, etc.) and operational Council Action Form – Housing Navigator Budget Supplemental April 11, 2022 Page 2 funds (security deposits, rent support, vouchers, etc.) for the role in 2022 will be $28,421. For 2022, the addition of this position in total will require a supplemental budget appropriation of $71,859. BACKGROUND: As part of a regional effort throughout Jefferson County, Wheat Ridge hired a Homeless Navigator in December 2020 to serve the cities of Wheat Ridge, Golden and Edgewater. As of October 2021, the Homeless Navigator now serves only Wheat Ridge and Edgewater. In this role, the Homeless Navigator works closely with the local business community, constituents, metro-area non-profit providers and government agencies. To date, the Homeless Navigator has completed an intake with over 120 clients in Wheat Ridge, Golden and Edgewater. At this time, 21 of those clients from the total number have secured permanent housing and 10 of the clients have exited to transitional housing. The Homeless Navigator currently has a caseload of 56. The work of the Homeless Navigator includes: • Weekly outreach efforts which consist of contacting individuals living unsheltered and offering resources and basic need items such as socks, water, snacks, etc. to build rapport • Attending Municipal Court to provide support for persons experiencing homelessness • Completing intakes for the Homeless Management Information System (HMIS) and assessing client’s needs • Assisting clients with obtaining vital documents • Making referrals for healthcare, mental health, substance misuse, legal issues, and benefits • Navigating clients to identify a pathway towards housing • Assisting clients with housing searches, applications, and deposits During the City Council strategic planning retreat on February 20, 2021, homelessness was identified as a priority issue for the next two years. Staff first brought the idea of adding a Housing Navigator position to City Council on May 7, 2021 during the strategic priority discussion on homelessness. As the Homeless Navigator’s role has continued to grow, additional support is now needed. A Housing Navigator would be able to assist clients in their search by keeping an updated list of unit openings and assisting with filling out waitlist applications. Additionally, a Housing Navigator would be able to assist clients with filling out rental applications, interpreting leases and understanding tenant rights and responsibilities. This would allow the Homeless Navigator more time to provide intensive case management. This position would be full-time, time-limited through 2026 using ARPA funds. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request and additional FTE request. Council Action Form – Housing Navigator Budget Supplemental April 11, 2022 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 20-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $71,859 for the addition of one full-time, time-limited employee for Housing Navigation services.” Or, “I move to postpone indefinitely Resolution No. 20-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $71,859 for the addition of one full-time, time-limited employee for Housing Navigation services for the following reason(s)______________________________________.” REPORT PREPARED AND REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $71,859 FOR THE ADDITION OF ONE FULL-TIME, TIME-LIMITED EMPLOYEE FOR HOUSING NAVIGATION SERVICES WHEREAS, during the City Council strategic planning retreat on February 20, 2021, homelessness was identified as a priority issue for the next two years; and WHEREAS, the City’s Homeless Navigation Program has continued to grow since it began in December 2020, serving over 120 clients in 16 months; and WHEREAS, the addition of a full-time, time-limited Housing Navigator position will support the City’s Homeless Navigator and serve a critical role in connecting the City’s unhoused population to resources and housing through 2026; and WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. A transfer of $43,438 is approved from the General Fund undesignated reserves to account 01-106-600-602 Section 2. A transfer of $4,500 is approved from the General Fund undesignated reserves to account 01-610-600-626 Section 3. A transfer of $3,221 is approved from the General Fund undesignated reserves to account 01-117-800-809 Section 4. A transfer of $20,000 is approved from the General Fund undesignated reserves to account 01-106-650-660 Section 5. An increase of 1.0 time-limited is approved to accommodate the staffing of a Housing Navigator DONE AND RESOLVED this 11th day of April 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 2 DATE: April 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2022 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AND LOCATED AT 5800-5990 W. 38TH AVENUE (CASE NO. WS-21-02 / SPALLONE RESUBDIVISION) PUBLIC HEARING 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 property located at 5800-5990 W. 38th Avenue to replat and consolidate 23 lots into 3 lots to establish clear title for existing conditions on property zoned Mixed Use-Neighborhood (MU-N). PRIOR ACTION: Planning Commission heard the request at a public hearing on March 17, 2022 and recommended approval of the major subdivision 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 (Subdivision Regulations) of the zoning and development code have been met. Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Draft meeting minutes from the Planning Commission public hearing are also attached. Council Action Form – Spallone Resubdivision April 11, 2022 Page 2 FINANCIAL IMPACT: Fees in the amount of $3,715 were collected for the review and processing of Case No. WS-21- 02. Sales tax is currently being collected for existing commercial uses on the site. If the property were to re-tenant vacant storefronts or redevelop in the future, the City may benefit from various revenues collected depending on the future use, such as sales tax, building permit fees, or use tax. BACKGROUND: The site is located on the south side of W. 38th Avenue, between Fenton and Harlan Streets. The subject site consists of three properties (5800, 5900, and 5990 W. 38th Avenue) made up of 23 lots, totaling 1.89 acres. There is currently one commercial building at each address, all built in the 1950s and listed as being in average condition. The site was platted in 1952 as the Fred L. Spallone Subdivision. There are currently easements that run along the northern border of the site that encompass the City sidewalk and landscaping, as well as utilities and signs, which are all proposed to be maintained. The property is zoned Mixed Use-Neighborhood (MU-N), as are most of the nearby properties along W. 38th Avenue. In 2011, properties along W. 38th Avenue from Sheridan Boulevard to Wadsworth Boulevard were rezoned to MU-N as part of a City-initiated rezoning process; this was one of the properties rezoned. West 38th Avenue is one of the primary east-west arterial roads in the City of Wheat Ridge. As such, most of the nearby uses are commercial. Further south and north of the site is residential zoning. Key components of the subdivision are described briefly below and in more detail in the attached staff report. The plat document is also included in the attached Planning Division staff report. 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 zoning. In this case, the primary purpose of the plat is to clarify the legal boundaries of the sites where existing buildings are located. No redevelopment is being proposed. This request is considered a major subdivision based on the number of lots involved, which requires a public hearing before Planning Commission and City Council. City Council is the final authority for approval. Lot Configuration Each of the three proposed lots are logically configured to align with the existing conditions, including buildings, parking areas and access. The lots are rectangular, except that Lot 1 proposes an angled boundary to align with the existing access. The proposed subdivision plat creates: • Lot 1 for 5990 W. 38th Avenue (previously a portion of Lot 18 and Lots 19-23 of Fred L. Spallone Subdivision) which is approximately 129 feet wide and 140 feet deep at Council Action Form – Spallone Resubdivision April 11, 2022 Page 3 approximately 17,550 square feet (0.40 acres) in size and contains a vacant commercial building which was previously used as a convenience store. • Lot 2 for 5900 W. 38th Avenue (previously a portion of Lot 18, Lots 12-17, and a portion of Lot 11 of Fred L. Spallone Subdivision) which is approximately 182 feet wide and 140 feet deep at approximately 26,013 square feet (0.60 acres) in size and contains a multi-tenant building currently occupied by a cabinet shop and window tinting business. The purpose of the subject plat is to clear up title and subsequent sale for this specific property. • Lot 3 for 5800 W. 38th Avenue (previously a portion of Lot 11 and Lots 1-10 of Fred L. Spallone Subdivision) which is approximately 271 feet wide and 140 feet deep at approximately 37,900 square feet (0.87 acres) in size and contains a multi-tenant building currently occupied by an array of personal service and retail establishments (i.e., liquor store, barber, goldsmith, Italian market, indoor fitness, mattress store, cosmetic services). The lot configuration is appropriate for existing conditions and could also accommodate future redevelopment if that were ever to occur. Public Improvements When new development occurs or when new lots are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway standards. There is no ROW dedication required along W. 38th Avenue. However, both the existing ROW widths along Harlan and Fenton Streets do not meet current City standards and ROW dedications are required and reflected on the plat. A 1-foot and a 6.5-foot ROW dedication to the City through the plat are required along the Fenton Street frontage (part of the street is currently on private property), which align with current streetscape improvements. Public improvements already exist within the ROW dedications and existing easements and will be evaluated if or when future redevelopment occurs on site. Easements The second page of the plat shows existing easements that were platted by combination of the original plat and by separate documents over time. The replat maintains all existing easements and proposes two new easements for utilities: a small easement on Lot 1 for gas meters, and a larger easement spanning Lots 2 and 3 for water. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. Per Section 26-406.E of the City Code, “Decisions on subdivision applications are technical and non-discretionary in nature.” The intent of the public hearing is to allow a public body and the public at large to verify staff’s conclusion that the project meets the requirements of the subdivision regulations. The plat complies with the requirements of the subdivision regulations (Article IV in Chapter 26 of the Municipal Code) and is consistent with the MU-C zone district requirements. For that reason, staff is recommending approval of the request. Council Action Form – Spallone Resubdivision April 11, 2022 Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 19-2022, a resolution approving a major subdivision on property located at 5800-5990 W. 38th Avenue and zoned Mixed Use-Neighborhood (MU-N) 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. All agencies can provide services to the property with improvements installed at the developer’s expense. 4. The requirements of Article IV (Subdivision Regulations) of the zoning and development code have been met. Or, “I move to deny Resolution No. 19-2022, a resolution approving a major subdivision on property located at 5800-5990 W. 38th Avenue and zoned Mixed Use-Neighborhood (MU-N) for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 19-2022 2. Planning Division Staff Report 3. Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 19 Series of 2022 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AND LOCATED AT 5800-5990 W. 38TH AVENUE (CASE NO. WS-21-02/ SPALLONE RESUBDIVISION) 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 three-lot subdivision was received from Fred L. Spallone to resubdivide property located at 5800-5990 W. 38th Avenue in the Mixed Use-Neighborhood (MU-N) zone district to establish clear title for existing conditions; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; 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 FOR PROPERTY ZONED MIXED USE- NEIGHBORHOOD (MU-N) LOCATED AT 5800-5990 W. 38TH 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 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. DONE AND RESOLVED by the City Council this 11th day of April 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Case No. WS-21-04 / Spallone Resubdivision 1 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: March 17, 2022 (Planning Commission) / April 11, 2022 (City Council) CASE MANAGER: Stephanie Stevens CASE NO. & NAME: WS-21-04 / Spallone Resubdivision ACTION REQUESTED: Request for approval of a replat to consolidate 23 lots into 3 lots to establish clear title for existing conditions on property zoned Mixed Use-Neighborhood (MU-N) LOCATION OF REQUEST: 5800-5990 W. 38th Ave. APPLICANT (S): Fred L. Spallone OWNER (S): Fred L. Spallone/BTO LLC APPROXIMATE AREA: 82,474 square feet (1.89 acres) PRESENT ZONING: Mixed Use Neighborhood (MU-N) COMPREHENSIVE PLAN: Main Street Corridor, Mixed-Use Commercial ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map (subject site outlined in red) ATTACHMENT 2 Case No. WS-21-04 / Spallone Resubdivision 2 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a replat to consolidate 23 lots into 3 lots to align with existing development on property zoned Mixed Use-Neighborhood (MU-N) and located at 5800-5990 W. 38th Avenue. The applicant would like to replat the site to have each of the three existing buildings be contained within one lot each. The applicant plans to sell 5900 W. 38th Avenue in the future and this will also adjust the corresponding title work for the properties. The reason for the replat is to clear the title for the sale of one of the buildings This request is considered a major subdivision based on the number of lots involved, which requires a public hearing before Planning Commission. For this case, Planning Commission will make a recommendation to City Council, who is the final authority for approval. The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of- way, easements, and utility service. In this case, the primary purpose of the plat is to clarify the legal boundaries of the sites where existing buildings are located. II. EXISTING CONDITIONS The site is located on the south side of W. 38th Avenue, between Fenton and Harlan Streets (Exhibit 1, Aerial). The subject site consists of three properties (5800, 5900, and 5990 W. 38th Avenue) made up of 23 lots, totaling 1.89 acres. There is currently one commercial building at each address, all built in the 1950s and listed as in average condition. The site was platted in 1952 as the Fred. L. Spallone Subdivision. There are currently easements that run along the northern border of the site that encompass the City sidewalk and landscaping, as well as utilities and signs, which are all proposed to be maintained. The property is zoned Mixed Use-Neighborhood (MU-N), as are most of the nearby properties along W. 38th Avenue (Exhibit 2, Zoning Map). In 2011, properties along W. 38th Avenue from Sheridan Boulevard to Wadsworth Boulevard were rezoned to MU-N as part of a City-initiated rezoning process; this was one of the properties rezoned. West 38th Avenue is one of the primary east-west arterial roads in the City of Wheat Ridge. As such, most of the nearby uses are commercial. Further south and north of the site is residential zoning. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Proposed Plat). The first page includes a legal description of the property; signature blocks for the owner, City, surveyor, and County; and standard declarations and notes. The second page includes the proposed lot layout, including the proposed lot lines and easements recorded separately from the plat. Case No. WS-21-04 / Spallone Resubdivision 3 Lot Configuration Each of the three proposed lots are logically configured to align with the existing conditions, including buildings, parking areas and access. The lots are rectangular, except that Lot 1 proposes an angled boundary to align with the existing access. The proposed subdivision plat creates: • Lot 1 for 5990 W. 38th Avenue (previously a portion of Lot 18 and Lots 19-23 of Fred L. Spallone Subdivision) which is approximately 129 feet wide and 140 feet deep at approximately 17,550 square feet (0.40 acres) in size and contains a vacant commercial building which was previously used as a convenience store. • Lot 2 for 5900 W. 38th Avenue (previously a portion of Lot 18, Lots 12-17, and a portion of Lot 11 of Fred L. Spallone Subdivision) which is approximately 182 feet wide and 140 feet deep at approximately 26,013 square feet (0.60 acres) in size and contains a multi-tenant building currently occupied by a cabinet shop and window tinting business. The purpose of the subject plat is to clear up title and subsequent sale for this specific property. • Lot 3 for 5800 W. 38th Avenue (previously a portion of Lot 11 and Lots 1-10 of Fred L. Spallone Subdivision) which is approximately 271 feet wide and 140 feet deep at approximately 37,900 square feet (0.87 acres) in size and contains a multi-tenant building currently occupied by an array of personal service and retail establishments (i.e., liquor store, barber, goldsmith, Italian market, indoor fitness, mattress store, cosmetic services). While the MU-N zone district does not have a minimum lot size or lot width requirements, design standards and setbacks are determined by the building design and use. Standard minimum side setbacks are 0 feet, which this proposal meets. Since the buildings on the site are existing and there are currently no plans for development, any nonconforming dimensional standards will be considered legally nonconforming. The lot configuration is appropriate for existing conditions and could also accommodate future redevelopment if that were ever to occur. Public Improvements When new development occurs or when new lots are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway standards. There is no ROW dedication required along W. 38th Avenue. However, both the existing ROW widths along Harlan and Fenton Streets do not meet current City standards and ROW dedications are required and reflected on the plat. A 1-foot and a 6.5-foot ROW dedication to the City through the plat are required along the Fenton Street frontage (part of the street is currently on private property), which align with current streetscape improvements. Public improvements already exist within the ROW dedications and existing easements and will be evaluated if or when future redevelopment occurs on site. Drainage Drainage improvements are not required because this application does not propose any changes to the existing conditions of the site or buildings. Easements The second page of the plat shows existing easements that were platted by combination of the original plat and by separate document over time. The replat maintains all existing easements and proposes two new easements for utilities: a small easement on Lot 1 for gas meters, and a larger easement spanning Lots 2 and 3 for water. Case No. WS-21-04 / Spallone Resubdivision 4 IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the original site plan review and again with this subdivision plat regarding the ability to serve the property. The developer will be responsible for any needed upgrades. Specific referral responses follow. Wheat Ridge Engineering Division: The plat has been reviewed and is nearing approval pending review of minor technical corrections. Wheat Ridge Water District: No objections. A water meter easement for Lot 3 is dedicated by this plat to serve Lot 2. Wheat Ridge Sanitation District: No objections. West Metro Fire District: No objections. Xcel Energy: No objections. No comments were received from Comcast or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision plat results in a logical layout to serve existing development and clear up title. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-21-04, a request for approval of a replat to consolidate 23 lots into 3 lots to establish clear title for existing conditions on property zoned Mixed Use-Neighborhood (MU-N) and located at 5800-5990 W. 38th Avenue, 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 (Subdivision Regulations) of the zoning and development code have been met. Option B: “I move to recommend DENIAL of Case No. WS-21-04, a request for approval of a replat to consolidate 23 lots into 3 lots to establish clear title for existing conditions on property zoned Mixed Use-Neighborhood (MU-N) and located at 5800-5990 W. 38th Avenue, for the following reasons: 1. 2. 3. ” Case No. WS-21-04 / Spallone Resubdivision 5 EXHIBIT 1: AERIAL Case No. WS-21-04 / Spallone Resubdivision 6 EXHIBIT 2: ZONING MAP Case No. WS-21-04 / Spallone Resubdivision 7 See Attached. EXHIBIT 3: PROPOSED PLAT Planning Commission Minutes -1 – March 17, 2022 PLANNING COMMISSION Minutes of Meeting March 17, 2022 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair ANTOL at 7:01 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Jerry DiTullio Will Kerns Daniel Larson Jonathan Schelke Julianne Stern Commission Members Absent: Janet Leo Staff Members Present: Lauren Mikulak, Planning Manager Stephanie Stevens, Senior Planner Rocky Macsalka, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner DITULLIO and seconded by Commissioner SCHELKE to approve the order of the agenda. Motion carried 7-0. 5.APPROVAL OF MINUTES – March 3, 2022 ATTACHMENT 3 Planning Commission Minutes - 2 – March 17, 2022 It was moved by Commissioner DISNEY and seconded by Commissioner DITULLIO to approve the minutes of March 3, 2022, as written. Motion carried 6- 0-1 with Commissioner LARSON abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-21-04: an application filed by Fred L. Spallone Inc. for approval to consolidate 23 lots into 3 lots to establish clear title (no new development) on a property zoned Mixed Use-Neighborhood (MU-N) and located at 5800-5990 West 38th Avenue. Ms. Stevens gave a short presentation regarding the consolidation and the application. She entered into the record the contents of the case file, packet materials, the subdivision regulations, 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 KERNS asked if each new parcel will have access to the alley. Ms. Stevens clarified there will be access and it will be maintained. Ms. Mikulak added there will be individual and shared access points. Commissioner LARSON inquired about the owner of the property. Steve Fleer, applicant 8008 Towhee Rd Mr. Fleer mentioned Fred L. Spallone Inc. is the owner of the property, but the lot 2 building is being sold to its long-time tenant. During the sale it was found that the title needed to be cleared up and that is when it was decided to make 3 easy lots. Public Comment No one wished to speak at this time. Commissioner KERNS inquired about the reason for the angled section on Lot 1. Ms. Stevens mentioned that it aligns with the current access point on the property. Planning Commission Minutes - 3 – March 17, 2022 Commissioner LARSON thinks this is a logical and appropriate application and is excited to see the renovation happening on the Lot 3 building. It was moved by Commissioner DITULLIO and seconded by Commissioner KERNS to recommend APPROVAL of Case No. WS-21-04, a request for approval of a replat to consolidate 23 lots into 3 lots to establish clear title for existing conditions on property zoned Mixed Use-Neighborhood (MU-N) and located at 5800-5990 West 38th Avenue, 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 (Subdivision Regulations) of the zoning and development code have been met. Motion carried 7-0. B. Case No. WZ-21-09: an application filed by Rocky Mountain Hardwood Processing for approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) with an Outline Development Plan (ODP) on a property located at 4877 Robb Street. Ms. Stevens gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, the comprehensive plan, 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. CJ Kirst, applicant’s representative 5730 E. Otero Avenue, Suite 200 Mr. Kirst gave a brief presentation regarding the zone change. Commissioner LARSON asked for some background on Rocky Mountain Hardwood Processing. Mr. Kirst mentioned that there are a couple of partners who own landscaping businesses and are seeking a physical location to run their joint business. Along with pruning and mulching there will be a nursery used for staging of landscaping installs. He added there will also be a milling location as well. Commissioner LARSON inquired about runoff into the 2 existing ditches. Mr. Kirst confirmed that both Ditch Companies have given their support for the zone change and development and there shouldn’t be any excess runoff from PA3 because it will remain in its natural state. Swadley Ditch will remain as is. He also