HomeMy WebLinkAbout06-12-23 - City Council Meeting MinutesCity Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 12, 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. Seven 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 6:30 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
Absent: Valerie Nosler Beck
Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Chief of Police,
Chris Murtha; Deputy City Manager, Allison Scheck; Director of Comm. Development,
Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of Parks and
Recreation, Karen O’Donnell; Assistant City Attorney, Nick Klein; Mary Hester,
Sustainability Coordinator; Jeff Streeter, Deputy City Clerk, Robin Eaton; other staff,
guests and interested citizens.
APPROVAL OF MINUTES
The Study Session Notes of May 15, 2023, and City Council Meeting Minutes of May 22,
2023, were approved as published.
APPROVAL OF AGENDA
Agenda item Resolution 33-2023 was pulled from the agenda. The rest of the agenda
stood as announced
PROCLAMATIONS AND CEREMONIES
Juneteenth Proclamation
Mayor Starker recognized Juneteenth 2023 and urged all community members to work
together to advance the principles of equal rights, justice, and opportunity for all
regardless of race, gender, age, religion, ability, sexual orientation, or gender identity
and expression
Leave No Trace Proclamation
Mayor Starker proclaimed June 17, 2023, as Leave No Trace Day and encouraged all
residents to follow Leave No Trace principles and to take active roles in preserving our
natural resources for future generations by following the seven principles to plan ahead,
prepare, travel and camp on durable surfaces, respect wildlife, and be considerate of
others.
Accepting the proclamation is a group from the Parks and Recreation Department and
the City Manager’s office, Benny Paiz PFOS Supervisor and Susan Bennett,
Environmental Interpreter both from Parks and Recreation, and Mary Hester
Sustainability Coordinator from the City Manager’s office accepted the award.
Multiple Leave no trace Events will be this weekend.
PUBLIC’S RIGHT TO SPEAK
There were none tonight.
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.
1. CONSENT AGENDA
CM Ohm introduced the consent agenda.
a. Resolution No. 32-2023 – a resolution approving the fourth amendment to an
intergovernmental cooperation agreement between Jefferson County and the
City of Wheat Ridge, Colorado, pertaining to Community Development Block
Grant funding
Issue
Based on a relatively small population, Wheat Ridge is not independently eligible for a
direct allocation of Community Development Block Grant funds from the federal
Department of Housing and Urban Development. Instead, the City has a longstanding
partnership with Jefferson County whereby the County and its smaller jurisdictions
collectively are eligible for these federal funds. This partnership is memorialized in an
intergovernmental agreement which has been in place since 2011. The purpose of this
resolution is to approve a fourth amendment to the agreement which modifies language
in compliance with federal requirements.
b. Resolution No. 33-2023 - a resolution approving an agreement with Denver
Urban Gardens, Inc. associated with the Happiness Gardens Food Forest
Issue
City staff worked with Denver Urban Gardens (DUG) to create a Food Forest at
Happiness Gardens, which was dedicated on May 5, 2023. The agreement details the
ongoing relationship between the City and DUG related to the Food Forest, and the
responsibilities of each entity.
c. Resolution No. 34-2023 – a resolution approving a supplemental budget
appropriation in the amount of $523,551 to appropriate the Metropolitan Football
Stadium District reimbursement for youth activity programs
Issue
The City of Wheat Ridge received $523,551 from the sale of the Denver Broncos
Football Club. The funds must be used for “youth activity programs” within the Wheat
Ridge community. Staff presented recommendations based on youth feedback at the
June 5th study session. This resolution will appropriate the stadium district funds for this
project(s)
d. Motion to approve appointment by City Manager to Cultural Commission
Issue
On May 7, 2023, Nancy Dragani, an At-Large member of the Cultural Commission
resigned her position effective immediately. The vacancy was posted for a term of two
weeks on the City of Wheat Ridge web site and promoted through various channels
from May 8 to May 21. Applications have been compiled for the City Manager’s review
so that the seat can be filled.
Motion by CM Ohm to approve Consent Agenda Items a.), b.), and d.) seconded by CM
Hoppe, motion carried 7-0 Item c. was removed at the beginning of the meeting, and
thus not voted on.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 12-2023 – An Ordinance amending Section 17-36 of the Wheat
Ridge Code of Laws to address the use of assisted mobility devices in
Conservation Areas
CM Hoppe introduced Council Bill 12-2023
Issue
On July 11, 2022, City Council amended Section 17-52 of the Wheat Ridge Code of
Laws to permit the use of assisted mobility devices in conservation areas by persons
with disabilities. Subsequently, it was determined additional sections of the Code should
have also been amended, as well, to address this same issue. This ordinance will
amend Section 17-36 to address the use of mobility devises in conservation areas.
Mayor Starker opened the public hearing
Deputy City Clerk Robin Eaton assigned Ordinance No. 1764.
Staff Presentation
Parks and Recreation Director Karen O’Donnell gave a detailed presentation which
included the background where the current Section 17-36 of the Code titled
“Conservation area” was adopted in 2004. Section 17-52 of the Code titled “Vehicles”
was updated on July 11, 2022, to allow for the use of assisted mobility devices in
conservation areas.
The Americans with Disabilities Act (ADA) requires public and private entities to make
reasonable accommodations to their facilities and programs in order to ensure that
persons with disabilities are able to access and use the same in substantially the same
manner as other persons. Familiar examples are curb ramps for accommodating
wheelchairs, reserved parking spaces and similar accessibility accommodations.
Certain City trails have been posted “no bicycles,” where such use may be hazardous to
other users or injurious to the trail itself.
It has come to the attention of Parks and Recreation staff that this restriction prevents
some persons from accessing the trail completely, as they have need of assisted
mobility devices. This ordinance revises the relevant Code section to make an
exception for assisted mobility devices for persons with disabilities. Ms. O’Donnell noted
that staff will monitor use of the affected trails and adjust the policy as needed.
.
Afterwards she 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
No comments from Council Members or Mayor.
Motion by CM Hoppe to approve Council Bill No. 12-2023 - an ordinance amending
Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility
devices in conservation areas on second reading, ordered it published, and that it takes
effect 15 days after final publication, seconded by CM Stites, motion carried 7-0.
3. Council Bill No. 13-2023 – An Ordinance repealing and amending certain weapon
offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U. S.
Supreme Court Case Law.
MPT Stites introduced Council Bill 13-2023
Issue
This ordinance will repeal Sections 16-84 and 16-87 and amend Section 16-89 of the
Wheat Ridge Code of Laws to conform with the recent Supreme Court ruling in New
York State Rifle & Pistol Association, Inc. v. Bruen, concerning weapon offenses.
Mayor Starker opened the public hearing.
Deputy City Clerk Robin Eaton assigned Ordinance No. 1765.
Staff Presentation
Chief of Police, Chris Murtha and Assistant City Attorney Nick Klein, City Attorney
presented to council where in the recent Bruen decision, the Supreme Court chose to
adopt the “historical tradition” test for the constitutionality of government firearm
regulations. The burden now falls on a government to show there is a national historic
tradition for a given firearm regulation, meaning a tradition generally in place when the
Second Amendment was ratified in 1791. In reaching its holding, the Court also upheld
the “sensitive places” doctrine, which permits a court to use analogies to “longstanding
laws forbidding the carrying of firearms in sensitive places such as schools and
government buildings to determine whether modern regulations are constitutionally
permissible.”
The Court found that “[t]he Second Amendment's plain text thus presumptively
guarantees a right to ‘bear’ arms in public for self-defense”. The Court reasoned that
“Americans hazard greater danger outside the home than in it and that the text of the
Second Amendment reflects that reality.” The Bruen Court held that the definition of
“bear” naturally “encompasses public carry” of firearms and that to confine to the “right
to ‘bear’ arms to the home would nullify half of the Second Amendment’s operative
protections.”
The net of the decision, as affecting the City’s regulation of the possession and public
carrying of weapons by citizens, is that it is necessary to revise the City’s Code to reflect
the “historical tradition” and “sensitive places” doctrines. While the courts will certainly
further define the practical effect of the Supreme Court’s decision, in the meantime it is
necessary to revise the Code on the basis of what we now know and can reasonably
assume.
In response to Bruen, the following code sections should be repealed or amended:
• Sec. 16-84. - Carrying, etc., illegal weapons. (Repealed)
• Sec. 16-87. - Carrying, etc., where intoxicants are sold. (Repealed)
• Sec. 16-89. - Deadly weapons on city property prohibited. (Amended)
After the presentation, they stood by to answer 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 Weaver asked detailed questions of the Chief and the City Attorney’s office
regarding clarification of some of the terms and how residents will navigate through the
process. Staff and Mr. Dahl gave specific answers to the inquiries.
Motion by MPT Stites to approve Council Bill No. 13-2023 - an ordinance amending
repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge
Code of Laws in response to U.S Supreme Court case law, on second reading, order it
published, and that it shall take effect 15 days after final publication., seconded by CM
Ohm, motion carried 7-0
ORDINANCES ON FIRST READING
4. Council Bill No. 14-2023 – An Ordinance amending Article XI of Chapter 26 of
the Wheat Ridge Code of Laws concerning requirements for mixed-use zone
districts.
CM Dozeman introduced Council Bill 14-2023
Issue
The proposed ordinance makes necessary updates to Article XI of Chapter 26 of the
Code of Laws specifically to update and clarify development requirements for mixed use
zone districts. The ordinance seeks to modernize portions of the mixed-use code, to
provide better clarity and organization for easier administration, and to establish
standards that were not included in the original regulations.
Motion by CM Dozeman to approve Council Bill 14-2023, an ordinance amending
Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for
mixed use zone districts, on first reading, order it published, public hearing set for
Monday, June 26, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers
and that it takes effect 15 days after final publication, seconded by CM Stites, motion
carried 7-0.
5. Council Bill No. 15-2023 – An Ordinance amending Articles V and XI of Chapter
26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-
restricted affordable housing, and making conforming amendments therewith
CM Hultin introduced Council Bill 15-2023
Issue
The proposed ordinance reduces minimum parking requirements for deed-restricted
affordable dwelling units in multi-unit residential zones and in mixed-use zones,
including transit-oriented development (TOD) areas.
Motion by CM Hultin to approve Council Bill 15-2023, an ordinance amending Articles V
and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking
requirements for deed-restricted affordable housing, and making conforming
amendments therewith, on first reading, order it published, public hearing set for
Monday, June 26, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers
and that it take effect 15 days after final publication; seconded by CM Ohm, motion
carried 7-0.
6. Council Bill No. 16-2023 – An Ordinance amending Articles I and II of Chapter 26
of the Wheat Ridge Code of Laws, concerning definitions and regulations for
childcare facilities, and making conforming amendments therewith.
CM Hoppe introduced Council Bill 16-2023
Issue
The proposed ordinance allows day care centers in Neighborhood Commercial (NC)
and Restricted Commercial (RC) zone districts, updates the code to align with State
regulations, provides cross-references in the zone district use chart for home-based day
care which are allowed as home occupations, and permits day care centers at
institutional properties in residential and agricultural zone districts. The ordinance is
intended to reduce barriers to opening new childcare facilities in Wheat Ridge.
Motion by CM Hoppe to approve Council Bill 16-2023, an ordinance amending Articles I
and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and
regulations for childcare facilities, and making conforming amendments therewith, on
first reading, order it published, public hearing set for Monday, June 26, 2023 at 6:30
p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen
(15) days after final publication; seconded by CM Dozeman, motion carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
7. Motion to Approve an Appointment to the Parks and Recreation Committee
CM Weaver introduced the Motion.
Issue
On May 8, 2023, Patrick Quinn from District III resigned from the Parks and Recreation
Committee effective immediately, to accept a position in District III on the Planning
Commission. The vacancy was posted for a term of two weeks on the City of Wheat
Ridge web site and promoted through various channels from May 8 through May
21. Applications have been compiled for Council’s review so that the seat can be
filled. While there are no applicants from District III, Council may appoint a member
from a different district to fill this seat.
Staff Presentation
Deputy City Manager Allison Scheck gave a brief presentation, where after normal
advertisements for the annual Boards and Commissions seats, the resignation of one
Parks and Recreation member was received by the Commission Liaison on May 8,
2023. The City retains applications for a period of one year. Council’s Appointment
Packet included the applications received in the last twelve months and new
applications as a result of this vacancy and posting
Motion by CM Weaver to appoint Mark Doody to the Parks and Recreation Committee,
term to expire March 02, 2026, seconded by CM Stites, motion caried 7-0.
CM Hultin thanked those just appointed and those continuing to serve for their
volunteerism for the benefit of the community.
8. Resolution No. 35-2023 – a Resolution establishing the Wheat Ridge Housing
Fund, transferring $436,680 from General Fund Reserves and authorizing
payment to Foothills Regional Housing in the amount of $400,000 for the
purpose of an affordable housing project
CM Hultin introduced Resolution 35-2023
Issue
City Council directed staff to establish the Wheat Ridge Housing Fund, a
recommendation of the recently adopted Affordable Housing Strategy and Action Plan,
using the General Fund portion of short-term rental (STR) lodgers’ tax revenue.
Foothills Regional Housing recently approached the City about a rare opportunity to
purchase a 24-unit apartment complex at 4097 Vance Street to serve residents in the
50-80% area median income (AMI) category. This is a unique opportunity to take an
early implementation step in the Affordable Housing Strategy by creating new affordable
units in Wheat Ridge.
This resolution creates the Wheat Ridge Housing Fund, transfers the applicable portion
of STR lodgers’ tax revenue from the General Fund reserves to the Wheat Ridge
Housing Fund, and authorizes a $400,000 payment to Foothills Regional Housing to
assist in the purchase of the 24-unit affordable housing complex.
Staff Presentation
City Manager Patrick Goff presented to council the prior actions and background on the
issue where on January 9, 2023, City Council adopted the Affordable Housing Strategy
and Action Plan and on the same evening, provided consensus to place all past and
future General Fund STR lodgers’ tax revenues into the Wheat Ridge Housing Fund for
the purpose of funding programs and initiatives designed to increase affordable housing
in Wheat Ridge.
In May 2023, Foothills Regional Housing (FRH) approached the City with a rare
opportunity to purchase a brand-new building at a price less than a new build would
cost. FRH is aware of the City’s affordable housing needs and approached the City
about contributing to the cost of the building in exchange in for preferential treatment for
access to project based voucher units for residents working with the City’s housing
navigation program.
This 24-unit complex, known as Sweetridge Apartments and located at 4097 Vance
Street, includes a mix of one-bedroom and two-bedroom apartments. FRH plans to
designate 12 units at a maximum AMI of 50% and 12 units at a maximum AMI of 80%.
Public Comment
No one came forward to speak.
Council Questions and comments
CM Hultin thanked staff on making this happen and shared her appreciation for it.
CM Hoppe thanked CM Hultin for her work on her resolution.
CM Ohm thanked CM Hultin and staff for their work on this.
Mayor Starker commented that he spoke with Foothills Regional Housing, and they
were very complimentary toward the staff and City Council for making this happen.
Motion by CM Hultin to approve Resolution No. 35-2023, a resolution establishing the
Wheat Ridge Housing Fund, Transferring $436,680 from General Fund reserves and
authorizing payment to Foothills Regional Housing in the amount of $400,000 for the
purpose of an affordable housing project, seconded by CM Hoppe, motion carried 7-0.
9. Motion approving a legal services agreement between the City and Murray, Dahl,
Beery, Renaud LLP
MPT Stites introduced the Motion
Issue
The City’s Home Rule Charter at Section 8.1 provides for appointment of the City
Attorney by the City Council. The current legal services agreement is updated and
should be renewed.
Staff Presentation
Patrick Goff spoke briefly where Gerald Dahl was appointed City Attorney in 1995, the
City Attorney is presently compensated at $190 per hour. This rate has been in effect
since February 2021. The City Attorney is requesting a change in the rate to
$225/hour. City Attorney address staff with comments explaining rate adjustments and
explains what a great client the City has been.
Public Comment
No one came forward to speak.
Council Questions and comments
CM Hoppe stated that she was happy to continue to retain City Attorney Dahl and was
appreciated his institutional knowledge and service to the City. Mayor Starker also
commented his appreciation of Attorney Dahl and the way he keeps his presentations to
a minimum of what is needed.
Motion by MPT Stites to approve a legal services agreement between the City and
Murray, Dahl, Beery, Renaud LLP, seconded by CM Ohm, motion carried 7-0.
13. Resolution No. 36-2023 – A Resolution approving a budget supplemental
appropriation to add an IT Project Manager
CM Hutchinson introduced Resolution 36-2023
Issue
The City is in the contracting phase for new enterprise resource planning systems
(ERP) with the anticipated project start date of October 2023. Through months of
research and discussions with the City’s consultant and other jurisdictions, it has
become clear that the City is not staffed appropriately to undertake this scale of project
and that the addition of a full-time project manager is necessary to ensure success.
Staff Presentation
Deputy City Manager Allison Scheck presented to council the prior actions and
background on the issue where one of the of Council’s strategic priorities is to
streamline permitting and licensing. In discussions with Council previously, staff have
shared that the primary solution to enhance the customer experience is to modernize
the City’s enterprise resource planning systems and depart from the legacy system that
hampers collaboration and transparency.
The City now has a preferred system for finance, building permitting and court, and is
participating in product demonstrations with human resource information systems
(HRIS) and revenue. Staff expects to have a contract before council later this summer
with the implementation kickoff for finance in the fall of this year.
Staff expects the full implementation of all systems to take 24-36 months. A great deal
of process improvement and change management will occur before, during and after
implementation. Having spoken with a number of professionals who have experienced a
transformation such as this, it is evident that we need a dedicated project manager on
staff who will lead this effort and remain on board with all the institutional knowledge
gained throughout the implementation. A full job description was submitted for Council’s
review.
Public Comment
No one came forward to speak.
Council Questions and comments
No one came forward to speak.
Motion by CM Hutchinson to approve Resolution No. 36-2023, a resolution amending
the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental
budget appropriation in the amount of $62,089 for the addition of one full-time IT Project
Manager, seconded by CM Stites, motion carried 7-0.
CITY MANAGER’S MATTERS
Mr. Goff had nothing to report
CITY ATTORNEY’S MATTERS
Attorney Dahl had nothing to report
ELECTED OFFICIALS’ MATTERS
CM Nosler Beck – not in attendance
CM Hultin c - District II has two businesses with lines waiting for them, King of Wings
and GetRight’s. District II has good stuff. Want to continue sharing her trip through
Happiness Gardens. If you have not walked through there, I would encourage you to.
Regenerate WR program, one Wednesday a month. Please engage in all the good
things happening there.
CM Hutchison – nothing to report
CM Ohm a. – had an opportunity to stop at the GetRight’s Bakery, and was very happy
about his purchase, was a line, and was worth the wait. He would recommend going
there.
CM Dozeman – nothing to report
CM Weaver – nothing to report
MPT Stites – if you can find nuggets gear in WR, buy it here.
Mayor Starker – thanks Vinnola’s for hosting the Coffee with the Mayor
ADJOURN TO SPECIAL STUDY SESSION
The meeting adjourned at 7:30 pm.
APPROVED BY CITY COUNCIL ON July 24, 2023
_________________________________
Robin Eaton, Deputy 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.