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HomeMy WebLinkAbout03-16-23 City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  March 13, 2023  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 6:32 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 Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Chief of Police, Chris Murtha; Deputy City Manager, Allison Scheck; Interim Director of Comm. Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of Parks and Recreation, Karen O’Donnell, Jennifer Kemps, Special Events Director at Ralston House; Cyn Chapman, Executive Director, of Sexual Assault Outreach; other staff, guests and interested citizens.  APPROVAL OF MINUTES The City Council Minutes of February 27, 2023 were approved as published APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Recognition of WRHS student athletes The Wheat Ridge High School Director of Athletics introduced five graduating seniors who have accepted scholarships to participate in collegiate athletic teams at various colleges from California to New England. Child Abuse Prevention Month The month of April has been designated nationally as Child Abuse Prevention Month. We encourage all community members to join in renewing our commitment to learning what we can do to promote the safety and well-being of children. Where effective child abuse prevention programs, such as Ralston House, succeed because of partnerships among families, social service agencies, schools, religious and civic organizations, law enforcement agencies and the business community. Ms. Kemps accepted the proclamation and reported on the critical work people do in our community who work with children suffering from abuse and help to prevent child abuse. Sexual Assault Awareness Month During the National Sexual Assault Awareness Month of April, we recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raise awareness and expanding support for victims. Cyn Chapman came to accept the proclamation and address the significance of this crime in too many peoples’ lives. PUBLIC’S RIGHT TO SPEAK Kathy Totness, 10100W. 33rd Ave. Came to say her signature was not counted on the ADU Ordinance even though she is and has been a registered voter for many years. She wants her signature to be counted without the protestors having to file a lawsuit. Katherine Grant, 3881 Estes St. Came to make the same comments as Ms. Totness. She believes also that a lawsuit to resolve the sufficiency of the petition should not be necessary. She requested that the City Council and the City Clerk resolve this issue without our citizens having to file a lawsuit in District Court. Dorothy Archer, 3640 Marshall St. also complained that her signature was not counted on the ADU referendum petition. She explained in detail why she opposes Ordinance 1744 because it changes the character of our City and neighborhoods. We should not have to file a lawsuit in the District Court. She also wants Council and the Clerk to resolve this issue without going to court, unrelated to the fact that she is a plaintiff in the process. This Ord. 1744 changes the zoning, and our residents should have a say in this decision. Ihor Figlus, 9775 W. 38th came to say that the ADU petition is no longer the issue; it has devolved into an attack on our Constitutional Rights. As public officials all of you should resolve this issue without making your citizens go to District Court. Most lawsuits do not go to court but are settled out of court. The clerk admitted he may have made mistakes, and we presented a list of signatures that should have been counted as valid but never were. 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) No comments appeared in Wheat Ridge Speaks for this session. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 06-2023 – An Ordinance amending Section 26-803.g of the Wheat Ridge Code of Laws to adopt the flood hazard delineation maps for Clear Creek, dated September 2, 2022, as a local flood hazard area. CM Dozeman introduced Council Bill 06-2023 Issue The Colorado Water Conservation Board has designated the updated Flood Hazard Delineation Map for Clear Creek as a state floodplain map. The City needs to adopt the updated Flood Hazard Delineation Map as a Local Flood Hazard Area so that the best available flood maps can be used to regulate the floodplains along Clear Creek. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1756. Staff Presentation Mark Westberg, Projects Supervisor gave a detailed presentation which included  Existing Floodplain Maps: There are three flood hazard areas in Wheat Ridge: one associated with Clear Creek, one associated with Lena Gulch, and one associated with the Ashland Drainage which is tributary to Sloan’s Lake.  Floodplain Map Updates: Periodically, floodplain maps are updated to reflect changes to the watershed to better define high flood risk areas. This includes physical changes (such as changes in the stream channel, land use, and development), changes in hydrology or flows, and/or improved technology or calculation methods.  Clear Creek Map Updates: Mile High Flood District (MHFD), along with the Cities of Wheat Ridge and Golden and Jefferson and Adams Counties, has been working for several years to update the floodplain maps for Clear Creek  Proposed Code Amendment & Next Steps: Following suit, this ordinance adopts the updated map as a Local Flood Hazard Area for the City so that the best available flood maps can be used to regulate the floodplains along Clear Creek.  Public Outreach: Where A notice was sent to all property owners within the current Clear Creek floodplain, and a neighborhood meeting was held on February 15, 2023, to educate the residents of adoption of the updated FHAD as a LFHA. Afterwards he stood by to answer any questions. Public Comment No citizens appeared in chambers to address this issue There were none who wanted to speak through the Zoom format. Council Questions and comments CM asked for clarification of who will be notified of these changes and how. Mr. Westbrook gave a detailed answer. CM Nosler Beck asked staff to copy CM on letters to residents in their respective districts. Motion by CM Dozeman to approve Council Bill No. 06-2023 - an ordinance amending Section 26-803.g of the Wheat Ridge Code of Laws to adopt the flood hazard delineation maps for Clear Creek, dated September 2, 2022, as a local flood hazard area, on second reading, and that it takes effect 15 days final publication, seconded by CM Nosler Beck, motion carried 8-0. 2. Council Bill No. 04-2023 – An Ordinance amending Section 26-115.e of the Wheat Ridge Code of Laws concerning requests for interpretation by the Board of Adjustment. CM Ohm introduced Council Bill 04-2023 Issue The proposed ordinance establishes a deadline by which an applicant may appeal an administrative code interpretation to the Board of Adjustment. No such deadline currently exists in the code, and the lack of a deadline is inconsistent with best practice and inconsistent with other code provisions which clearly establish a timeframe for appeal. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1757. Staff Presentation Lauren Mikulak, Community Development Director presented to council where the Zoning and Development Code (Chapter 26 of the Wheat Ridge Code of Laws) is interpreted and applied on a daily basis by Community Development staff. From time to time, individuals request a formal code interpretation which is provided in the form of a written letter by the Community Development Director. Individuals who disagree with a Director’s determination can appeal such determination to the Board of Adjustment (BOA). In the zoning code, Section 26-115.E (variances/waivers/temporary permits/interpretations) empowers the BOA to hear and decide upon requests for interpretation of the zoning code. This code section does not establish a deadline by which an individual must appeal to the BOA. The attached ordinance proposes that an appeal must be submitted within 30 days of the Director’s determination. Ms. Mikulak gave extensive examples of appeal deadlines and then stood by to answer any questions. Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions and comments Having discussed this item previously in Study Session, CM had no questions or comments. Motion by CM Ohm to approve Council Bill No. 04-2023 - an ordinance amending Section 26-115.E of the Wheat Ridge Code of Laws concerning requests for interpretation by the Board of Adjustment, and that it take effect immediately upon adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of the Charter, seconded by CM Stites, motion carried 8-0 3. Council Bill No. 05-2023 – An Ordinance amending Sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s Sales and Use Tax for certain retail delivery fees enacted by the State of Colorado. CM Hutchinson introduced Council Bill 05-2023 Issue Colorado Senate Bill 21-260 created a clean fleet enterprise to impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle. The fee is $0.27 per delivery. Delivery fees are currently subject to City sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance exempts the CFRDF from taxation Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1758. Staff Presentation Allison Scheck, Deputy City Manager reviewed the background on this item where council discussed this subject in Study Session on February 6, 2023 and approved the ordinance on first reading on February 27, 2023. Ms. Scheck also reported on the following items:  Financial Impact: The City does not currently require taxpayers to separately report delivery fee revenues. Therefore, staff have estimated that based on an analysis of the annual taxable revenues of seven well-known delivery-based taxpayers, taxation of the $0.27 CFRDF would generate incremental annual sales tax revenue of $500 per year.  Background: Effective July 1, 2022, Senate Bill 21-260 created within the Colorado Department of Public Health and Environment a clean fleet enterprise for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets.  Recommendation for the Colorado Municipal League: That home-rule municipalities exempt the fee from sales tax given the absence of clear direction about taxability of the fee from the State. CML also believes that the fee could potentially trigger a TABOR challenge Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions and comments Having recently studied this issue in Study Session, CM had no questions or comments. Motion by CM Hutchinson to approve Council Bill No. 05-2023 - an ordinance  amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for certain retail delivery fees enacted by the state of Colorado, on second reading, and that it takes effect 15 days final publication, seconded by CM Ohm, motion carried 5 votes Aye and 3 votes Nay (CM Hultin, Nosler Beck and Weaver). CM Hultin spoke about why she opposes this ordinance because it is not green, adds to air pollution and we should have the right to collect this fee. ORDINANCES ON FIRST READING There were none tonight. DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 09-2023 – A Resolution amending the Fiscal Year 2023 Capital Improvement Program Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $615,210 and to award a contract and approve subsequent payments to Ayers Associates, Inc. for professional services for the 38th West Study. CM Stites introduced Resolution 09-2023. Issue City Council's 2021-2022 Strategic Plan includes "Re-examine and Advance Sidewalks on 38th Avenue." To that end, a consultant selection process has been completed to perform a master planning study for 38th Avenue from Kipling Street to Youngfield Street. Staff is recommending that the selected consultant, Ayers Associates, Inc, be awarded a contract in the amount of $615,210. Staff Presentation Lauren Mikulak presented the staff report where on June 6, 2022, the scope of work for the 38th West Study was discussed with Council at study session. Consensus was received to proceed with selecting and hiring a consultant to conduct a planning effort to combine public input with technical analysis to develop a recommended alternative(s) He proceeded to give a detailed report on the:  Financial impact: This project was not included in the adopted 2023 budget, so a supplemental budget appropriation is required. The final negotiated fee with Ayers is $615,210.  Background: The project segment (“38th West”) is 1.75 miles in length and is designated as a minor arterial on the City's Street Master Plan. Sidewalks on 38th West have been added or improved at a few scattered locations over the many years by private development projects along the corridor and a few small City funded projects; however, for most of the corridor true multimodal facilities for those that walk, and roll are inadequate or completely lacking. Public Comment No one came forward to speak. Council Questions and comments CM Weaver explained why she is personally and, as a representative of District III, she strongly supports this motion. CM Hultin also expressed her support for this motion, having worked on this issue for some time. This motion will greatly improve public safety and comfort along 38th. Avenue. MPT Stites echoed the comments of the previous CM. As students change schools from Kellerstrand to Prospect Valley, this will also help families whose children will be attending Prospect Valley. Motion by Stites to approve Resolution No. 09-2023, a resolution amending the Fiscal Year 2023 Capital Improvement Program Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $615,210 and to award a contract and approve subsequent payments to Ayers Associates, Inc. for professional services for the 38th West Study, seconded by CM Dozeman, motion carried 8-0. 5. Resolution No. 08-2023 – a Resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a Trails Partnership Grant in the amount of $410,000 for designing and building a trail around Tabor Lake. CM Nosler Beck introduced Resolution 08-2023. Issue The City of Wheat Ridge was awarded $410,000 in funding through the Jeffco Open Space Trails Partnership Program for an engineered design and construction of an accessible, safe, and stable trail around Tabor Lake that connects to the Clear Creek Trail and Van Gordon St. To receive the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement. Staff Presentation Ms. O’Donnell presented the staff report where, among other items, City Council passed Resolution No. 34-2022 on August 22, 2022, supporting the application to this grant program. Letters of support for this project were submitted by the Parks and Recreation Commission, Sustainable Wheat Ridge, the Sustainable Fruitdale neighborhood, Bike Jeffco, the Wheat Ridge Active Transportation Advisory Team, Mountain Phoenix Community School, and the Colorado School of Mines student team. She stated the project, including design and construction, is estimated to cost approximately $902,520, with the grant award reimbursing $410,000 (45.4% of the project cost). The City is responsible for the remainder of the project cost ($492,250) which includes in-kind project expenses and support (valued at $20,800) and the 17% project contingency ($156,344). Funding for this project is in the 2023 approved Open Space (Fund 32) budget. She finished that the Clear Creek Trail system is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2021 resident survey showed that 2/3 of respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk Program’s focus neighborhoods to date have told the City that bicycle and pedestrian access and safety to and around the Clear Creek Trail is a top tier issue. The preliminary plan for this trail was created in conjunction with the 44th Ave Sub-Area Plan and update to the Open Space Management Plan. Public Comment No one came forward to speak. Council Questions and comments CM had no questions or comments having Motion by CM Nosler Beck to approve Resolution No. 08-2023, a resolution authorizing the mayor to execute an agreement with Jefferson County Open Space to accept a trails partnership grant in the amount of $410,000 for the Tabor Lake trail project, seconded by CM Hutchinson, motion carried 8-0. 6. Resolution No. 10-2023 – a Resolution approving an amendment to an agreement with the Wheat Ridge Water District regarding Phase II of the Wadsworth Boulevard Improvement project. CM Weaver introduced Resolution 10-2023. Issue The City worked cooperatively with the Wheat Ridge Water District (District) to replace their water mains and other facilities during Phase I of the Wadsworth Widening Improvement Project. Including their work in the City’s project greatly simplifies the construction coordination and reduces their costs. An Intergovernmental Agreement between the City and the District to construct these improvements was approved by the City Council in February, 2021. The District wishes to replace and upgrade their water facilities in Phase II as well. Therefore, an amendment to the current agreement between the City and the District to construct these improvements has been developed. The City will be reimbursed by the District for their portion of the work. Staff Presentation Director of Public Works, Maria D’Andrea presented the staff report where, among other items, an Intergovernmental Agreement (IGA) with the Wheat Ridge Water District was approved by the City Council on February 22, 2021, via Resolution No. 09-2021 Including the reconstruction of the District’s facilities in the overall Wadsworth Improvement project has several advantages for CDOT, the City, and the District:  Traffic impacts of replacing the aging District facilities are lessened by including their work in the overall project due to having only one construction project.  Construction coordination will be much easier with the City’s general contractor supervising all work.  The District does not have to pay for separate construction traffic control and to remove or repair the existing pavement.  The District avoids the cost of performing night work, since most utility work on Wadsworth is limited to the overnight hours. Public Comment No one came forward to speak. Council Questions and comments There were none. Motion by CM Weaver to approve Resolution No. 10-2023, a resolution approving an amendment to an agreement with the Wheat Ridge Water District regarding Phase II of the Wadsworth Boulevard Improvement project, seconded by CM Stites, motion carried 8-0. 7. Motion to approve appointments to Boards and Commissions By tradition, Board & Commission appointments are introduced by each District’s senior member and seconded by the junior member. CM Hoppe introduced the item Issue At the February 27, 2023 regular business meeting, Council appointed 21 volunteers to boards and commission seats. Two At-Large Alternate vacancies remained to be filled on the Board of Adjustment. Applicants who were not appointed on February 27th were asked about their interest in serving in these roles and nine applicants indicated that they are indeed willing to fill these vacancies. Staff Presentation City Clerk Kirkpatrick stood by to answer questions. Public Comment No one came forward to speak. Motion by CM Hoppe, seconded by CM Stites, to appoint Alister Humber to the position of At-large Alternate to the Board of Adjustment, term ending March 2, 2025. Motion carried 8-0 Motion by CM Hoppe, seconded by CM Dozeman, to appoint Andrew Sulac to the position of At-large Alternate Member to the Board of Adjustment, term ending March 2, 2026. Motion carried 8-0 8. Motion to approve installation of traffic calming devices on Cody Street between 38th Avenue and 41st Avenue in accordance with the Neighborhood Traffic Management Program. CM Hultin introduced the Motion. Issue Residents on Cody Street petitioned the City to address traffic issues on the street segment from 38th Avenue to 41st Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently devised a plan to install speed humps to mitigate the traffic issues. The residents then secured a petition with the necessary number of property-owner signatures supporting the installation of speed humps in accordance with the NTMP policy and are hereby seeking approval for implementation. Staff Presentation Civil Engineer, Jordan Jefferies presented the staff report where the city’s Neighborhood Traffic Management Program (NTMP) was approved to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by reducing the negative impact of vehicular traffic and speeding on residential streets. The policies intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution. On June 23, 2022, Cody Street residents filed a request to participate in the NTMP program. Upon receipt of the request, the City collected traffic data to determine speed, volume, and vehicle classification for the traffic on the segment. Traffic data was collected in July of 2022, and an 85th-percentile speed of 28.0 mph was observed on Cody Street, which has a speed limit of 25 mph. Thus, the segment is eligible for speed mitigation since the 85th-percentile speed is above the speed limit. A meeting was conducted with the residents on August 24, 2022, to listen to resident concerns, present the traffic data and analysis, and to explore available solutions. Public Comment Martha Denise Martin, 4050 Cody St. came to support the resolution and thank her neighbors. At 4025 Cody St. there is a family with small children, and there is another move-in at 4040 Cody St. Please, consider moving the traffic calming device further north to serve these new families. Mr. Steve Nguyen made comments in response to this request. Dorothy Archer, 3640 Marshall St. came to say that she opposes more density in East Wheat Ridge. The side streets have become more crowded with traffic, especially while Wadsworth is under construction. Carlo Ritschl, called to say that he lives at 4025 Cody St, called to say the current location of the traffic calming device John Stueve, 4035 Cody St called to say he appreciates the City’s help and the Council’s support for installing this device as planned. Council Questions and comments There were none because Council had previously reviewed this action in Study Session. MPT Stites commented on the hiatus under this program and asked for details on what will happen when the program resumes. Mr. Steve Nguyen gave a detailed answer. CM Hutchinson asked when the program might resume. Mr. Nguyen gave a detailed answer. She also asked about the process not only for those who have already applied but also others who may apply. Motion by CM Hultin to approve installation of traffic calming devices on Cody Street between 38th Avenue and 41st Avenue in accordance with the Neighborhood Traffic Management Program, seconded by CM Hoppe, motion carried 8-0. CM Hultin thanked those who came this evening or called to comment. CITY MANAGER’S MATTERS Mr. Goff reported that the residents’ poll on future plans and the residents’ biennial surveys are both out. He described the steps taken by staff and our survey contractor to ensure a representative, random and fair process that stands scientific scrutiny. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM Hutchinson attended the ribbon cuttings for ARC and Habitat for Humanities and was glad to see so many people there. ARC accepts newspaper donations from those who have newsprint to donate, which they use to wrap fragile items for safekeeping. CM Hutchinson expressed her agreement with speakers who came earlier and asked whether the Council can discuss the petition declared insufficient twice, once by City Clerk Kirkpatrick and once by Judge Basso (who Council approved hiring to hear the petitioners’ protest) rather than appealing those decisions to the District Court in Golden. Mr. Dahl explained why Council does not have a legal process to intervene. CM Nosler Beck before tonight’s Council meeting attended a session at which the Superintendent of Jeffco Schools came the WR High School to hear comments from our residents. The CM reported that the Jeffco Schools want to work with local communities on school closure plans going forward. The discussion focused on   renovations at WRHS and the future of the school. CM Nosler Beck indicated a strong need for us all to remain engaged with these school issues, especially plans for closing schools. CM Hultin lives nearby King of Wings and noticed the strong public response to the opening of the new business; there was a line down the block of customers waiting for their wings. The governor is proposing state funding to support e-bikes and electric vehicles. She strongly supports this effort as e-bikes become more widely used and an even more viable strategy to reduce vehicular traffic and greenhouse gases. CM Hoppe rebutted the comment that Council acted on ADU without public input. She listed the several ways the City engaged our residents in the process. Council worked hard on this issue for a number of years before action was contemplated, let alone taken. CM Dozeman welcomed Habitat to Humanity to Wheat Ridge. She also attended the Compass Homes groundbreaking, which will include affordable homes. CM Weaver thanked all who came to the District III meeting last Saturday. CM Hoppe thanked the WRHS Athletic Director for coming tonight with several student athletes whose achievements have earned them athletic scholarships to colleges. MPT Stites also attended the ARC ribbon cutting and was very impressed with the facility and the staff. The District III meeting was well attended and there were good discussions. He appreciated Superintendent Dorland’s participation in the meeting earlier this evening. He echoed the comments about how we all need to stay involved in this process. If you can find it in WR, buy it in WR, especially on St. Patrick’s Day. Mayor Starker noted the frequent new business ribbon cuttings and all of the new businesses coming to WR. He was very gratified to see Habitat come to WR. Thanks to those who attended Coffee with the Mayor. He thanked all the residents who came to speak tonight. He received a letter from a grandmother who thanked Ms. Judy Sigg, a staffer at Prospect Valley Elementary School, for saving her grandson Jack from choking using the Heimlich Maneuver – Twice! ADJOURNMENT The meeting adjourned at 7:57 pm. APPROVED BY CITY COUNCIL ON April 10, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, 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.