HomeMy WebLinkAbout09-25-23 - City Council Meeting MinutesCity Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 25, 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 6:30 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
Valerie Nosler Beck was absent for healthcare reasons.
Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City
Manager, Allison Scheck; Director of Public Works, Maria D’Andrea; Director of
Community Development, Lauren Mikulak; Senior Planner, Scott Cutler; other staff,
guests and interested citizens.
APPROVAL OF MINUTES
Study Session Notes of September 18, 2023
City Council Meeting Minutes of August 28, 2023, and September 11, 2023
The above Notes and Minutes were approved without changes except for one edit
found by CM Hutchinson to the August 28 minutes, which has been corrected.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
Proclamation honoring Dr. Michele Haney Day, September 25, 2023
Mayor Starker read the proclamation where Dr. Michele Haney serves as the President
of Red Rocks Community College, one of the Colorado Community College Systems
largest colleges, serving 10,000 students across its two campuses in Lakewood and
Arvada. The Mayor presented the proclamation to Dr. Michele Haney who accepted the
honor saying this proclamation is a great thing. Dr. Haney graciously accepted the
honor.
Proclamation recognizing Cancer Awareness Month
Mayor Starker proclaimed October 2023 as Breast Cancer Awareness month as it
marks 38 years that National Breast Cancer Awareness Month has educated women
about early breast cancer detection, diagnosis and treatment.
Proclamation Domestic Violence Awareness Month
The Mayor recognized the Porchlight Family Justice Center, which provides
comprehensive legal, emotional and critical supportive services for survivors of
domestic violence, who thanked the staff across several City departments for their hard
work and help.
PUBLIC’S RIGHT TO SPEAK
Dan Larson, 4799 Flower St., came to announce his candidacy for CM in D IV. He
recalled his history in Wheat Ridge, and his service to the City on the Planning
Commission. He outlined his candidate platform and reminded folks of the Candidates’
Forum this Wednesday, September 27.
Jerry DiTullio, Jeffco Treasurer, 100 Jefferson County Pkwy., Golden. Treasurer
DiTullio announced the 2023 refunds of property taxes per TABOR. The checks will hit
the mail October 16 will average about $185. Please, do not return the check; the
County must by law send the money back.
Alma Carrillo, 550 S. Wadsworth Blvd, Congresswoman Brittany Pedersen’s office. She
came to announce recognition for our veterans through Representative Pedersen’s
office.
Jenny Snell, 7020 W. 35th Ave, called to announce her candidacy for CM from D I. She
looks forward to continuing the good work Council is doing now.
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).
The following comments appeared in Wheat Ridge Speaks for this session of Council:
Kim Calomino
Sep 25, 2023 at 10:20am
Address:
4070 Dover Street Wheat Ridge, 80033
Comment
I encourage council to approve the proposed zoning change for this property. The proposed change
meets the necessary criteria, supports the vision of the comprehensive code, brings the property into
alignment with the zoning and future use of the adjacent property, and most importantly provides
more land and greater flexibility to Foothills Regional Housing in the development of much needed
affordable housing.
Janet M Swank
Sep 24, 2023 at 11:01am
Address:
5091 GARRISON ST Not Hispanic or Latino, 80033
Comment
The location at 44th and Wadsworth seems ideal, close to retail facilities and public transportation. I
once saw a program about a section 8 housing development which had been renovated and the
citizens living there were given the power to self-govern their community. It seemed to be working
well. Perhaps something similar could be part of this development.
Arthur J. Hertel
Sep 24, 2023 at 4:48pm
Address:
10695 W. 26th Ave. Wheat Ridge, 80215
Comment
I urge the council to support the rezoning of the Ives property at 44th and Wadsworth. There is a
tremendous need for affordable housing in Wheat Ridge. Affordable housing will enable many
workers to live and work in our community which is vital to a vibrant community.
Ken Jahner
Sep 21, 2023 at 8:59am
Address:
2615 Oak Dr. Unit 11 Lakewood, 80215
Comment
I strongly support the rezoning for the property, the Ives, at 44th and Wadsworth. There is a vital
need for more affordable housing in Jefferson County and feel that this project would provide another
resource for those economically challenged and the homeless.
CONSENT AGENDA
Nothing tonight
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 22-2023 – An Ordinance approving the rezoning of property
located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-
Commercial (MU-C).
CM Hultin introduced Council Bill 22-2023.
Issue
The City owns the former Bank of the West property at 7575 W. 44th Avenue and is
proposing a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-
C). The zone change will result in a zoning that matches surrounding zoning and
enables redevelopment of the site by expanding permitted uses.
The Mayor opened the public hearing, which is quasi-judicial.
Staff Presentation
Planner II, Alayna Olivas-Loera briefly reported on the prior actions, financial impacts
and background where the subject property is currently owned by the City. On August
14, 2023, City Council approved Ordinance No. 1770, Series 2023, approving the sale
of the property to Foothills Regional Housing (“Foothills”) in anticipation of Foothills
including the parcel with the larger Ives affordable housing development. If the sale is
completed, any future development plans for the site would have to be approved by the
City prior to development.
Ms. Olivas-Loera also gave a detailed description of the property which is located on the
east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue. The
site is zoned Commercial-One (C-1) and is entirely surrounded by Mixed Use-
Commercial (MU-C) zoning. Surrounding land uses are non-residential in nature,
including a propane business, the former Pep Boys building, and the office building
owned by Foothills. Recent development projects in the area include Foothills Ives
development to the north, and the Town Center and Town Center North Apartments to
the southeast at 44th Avenue and Vance Street.
Afterwards she stood by to answer any questions.
Public Comment
Margie Robinson, 4 Hillside Drive. She came to support this rezoning ordinance. She
recounted comments she has heard from other WR residents about fears that this
change would increase the crime rate in that neighborhood. She cited research that led
to the conclusion that low-income housing actually has no effect or slightly decreases
the crime rates. Similar research concluded that these projects do not put downward
pressure on nearby real estate values. She continued to dispel myths about the impact
of affordable housing has on people experiencing homelessness.
Julie Wheeless,7250 w.46th Place came to express concerns about the buildings at
Wadsworth and 44th. She supports low-income housing but has some questions about
security in those locations. Will there be security on site? If so, during what hours?
She also commented on a park nearby, Apel Bacher, and asked if there will be police
presence or other security to protect residents using the park. Are you expecting
increased foot traffic in the park, and what about security when it increases? She asked
for a public meeting of neighborhood residents to discuss these issues.
Dawn Underwood came to ask for more information about the plans for the same low-
income housing development. She requested specific details on timelines, milestones,
plans for security and safety, among other concerns. She asserted that she asked CM
Hultin to convene a meeting of residents, Parks and Rec staff and the WR PD to
discuss the neighborhood’s concerns about safety and security. She stated that as of
today she has not been able to organize that meeting.
Council Questions and comments:
Mr. Dahl asked to be recognized, so that he could explain the rules of quasi-judicial
hearing before Council so that the public will understand that CM may not discuss this
issue among themselves or with anyone else prior to the public hearing during Council.
CM Hultin commented on the proposed zoning change and the process of involving
residents in the decision-making processes. She opined that while staff followed the
letter of the law, she and other CM have asked that the notification boundary for
projects like this is expanded. She and CM Ohm have organized a public meeting in
October. She then asked some detailed questions, to which staff provided specific
answers.
MPT Stites asked whether the staff plans for fencing around Apel Bacher Park. Mr.
Goff gave a detailed reply.
CM Dozeman echoed residents’ concerns about this project. She opined that this
rezoning request is for a tiny parcel surrounded by another property, the zoning of which
has already been changed. Mr. Goff gave detailed comments on the history of the
parcel in question. CM Dozeman then asked a question about the agreements between
the City and Foothills Housing Authority; again, Mr. Goff gave a detailed answer.
CM Ohm asked for an explanation of how this project helps the City implement the
statewide proposition passed by voters to fund affordable housing. Mr. Goff gave a
detailed answer.
The Mayor closed the public hearing.
Motion by CM Hultin to approve Council Bill 22-2023 – an ordinance approving the
rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to
Mixed Use-Commercial (MU-C) on second reading, and that it takes effect 15 days after
final publication, seconded by CM Hoppe, motion carried 7-0.
During discussion on the motion, CM Hultin opined that the lack of public involvement
resulting from the staff adherence to the law has understandably left residents
frustrated. She would also be frustrated. She stated that this is not an attempt to “pull a
fast one,” by the City. She is looking forward to the public meeting in October, during
which there will be detailed and robust discussion of these issues. She understands
that people are frustrated by the lack of notice that resulted from complying with the
letter of the law, and Council is working to fix that loophole during sessions in
November.
MPT Stites agreed with CM Hultin’s comments. This is the perfect place for affordable
housing, as it is near public transit, shopping and supermarkets. He too looks forward
to the public meeting at which CM Hultin and Ohm will help air all of our residents’
questions and concerns.
CM Ohm thanked those who came tonight to comment on this proposed ordinance. He
also thanked staff for their hard work on this matter, especially help to Council with
communicating facts to our residents. He encouraged residents to use the resources at
their disposal, such as Wheat Ridge Speaks, to engage and communicate.
CM Dozeman expressed her support for the project, saying it is an ideal place for such
a project. The partnership with Foothills Housing Authority makes this project possible.
She thinks this will enable nurses, police officers and other young professionals to not
only work in WR but also live here. She also recalled the major progress Council and
staff have made in improving communication with and from our residents over the past
6 years she has served on Council.
CM Weaver commented on affordability and who that impacts. She said she, as a
teacher, would not be able to afford a home in WR today.
CM Hultin also supports the motion for several reasons among them the economic
impacts the project will have on the City.
CM Hutchinson opined that this is a very good location for this program, along major
corridors with shopping, transit, transportation and other services nearby.
2. Council Bill No. 24-2023 – An Ordinance amending Article III of Chapter 22 of the
Wheat Ridge Code of Laws concerning basic local telecommunications service.
CM Weaver introduced Council Bill 24-2023
The Mayor opened the public hearing, noting that this matter is not quasi-judicial.
Issue
The City’s code regarding the taxation of basic local telecommunication services
requires revision. The current code is based on the false premise that Lumen (formerly
US West, Qwest, and Century Link) is still the primary provider of telephone lines in the
City. Based on this premise, competitors are charged a per line rate computed from
Lumen’s number of lines and the flat occupation tax paid by Lumen per ordinance 1997-
1072. Due to the rapid decline of land lines provided by Lumen, the per line charge to
other providers has risen substantially. Furthermore, the current code is confusing as to
how cellular lines are treated from a taxation perspective.
The types and means of delivery of telecommunication services has evolved
significantly since the City enacted its telecommunication occupation tax code in 1997.
The current code does not reflect the status of the telecommunications industry nor is it
consistent with Wheat Ridge’s municipal neighbors. Staff recommends an update to the
tax code to ensure equity, simplicity, revenue preservation and ease of administration
for both telecommunication providers and City staff.
The Mayor opened the public hearing, which is not quasi-judicial.
Staff Presentation
Deputy City Manager Alli Scheck briefly reported on the prior actions where in 1997,
Council approved ordinance 1072 substantially amending the Wheat Ridge Code of
Laws concerning the taxation of basic local telecommunication services that had been
in force since 1977. hat action was driven primarily by the Federal Telecommunications
Act of 1996 deregulating basic local telecommunication services to improve competition
at the local level.
Key code changes from that action included the creation of a single incumbent basic
local service provider, U.S. West, and an occupational tax rate dependent on an annual
historical tax value attributed to U.S. West of $190,575. This ordinance also included
the provision of cellular service in the definition of “basic local telecommunications
service,” but the text is confusing and contradictory..
Afterwards Ms. Scheck stood by to answer any questions.
Public Comment
There was none.
Council Questions and comments
CM asked detailed questions about how this action will impact businesses and
residents, which staff answered.
The Mayor closed the public hearing.
Motion by CM Weaver to approve Council Bill 24-2023 – an ordinance amending Article
III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local
telecommunications service., on second reading, and that it takes effect immediately
upon adoption, seconded by CM Hoppe, motion carried 7-0.
CM Hultin asked about considering this issue now, instead of after an upcoming hearing
in Study Session about uncodified special committees and task forces. Staff explained
that there are separate issues, one involving codified and the other non-codified groups.
Council will include these two issues in forthcoming Council agendas.
PUBLIC HEARINGS AND ORDINANCES ON FIRST READING
3. Council Bill 25-2023 – An Ordinance amending Sections 2-53 and 2-55 of the
Wheat Ridge Code of Laws concerning membership of Boards and
Commissions.
CM Hutchinson introduced Council Bill 25-2023
Issue
The City of Wheat Ridge has seen an exceptional increase in the desire to join City
Boards and Commissions. Recognizing this, Council studied how to provide greater
opportunities for interested residents and make general improvements to the City’s
Boards and Commissions.
Staff Presentation
There was none as this is a bill on first reading.
Public Comment
No one came forward in person or online to speak.
Motion by CM Hutchinson to approve Council Bill 25-2023 – an ordinance amending
Sections 2-53 and 2-55 of the Wheat Ridge Code of Laws concerning membership of
Boards and Commissions on first reading, order it published, public hearing set for Monday,
October 9, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it
takes effect on March 1, 2024, seconded by CM Hoppe, motion carried 7-0.
4. Council Bill 26-2023 – An Ordinance amending Sections 11-504, 11-506 and 2-
80 of the Wheat Ridge Code of Laws concerning short term rental licensing
enforcement.
CM Hoppe introduced Council Bill 26-2023
Issue
City Council enacted legislation concerning the licensing and enforcement of short-term
rentals (STRs) in February 2021. Since that time, staff has been working to implement the
legislation by licensing STRs, collecting the applicable lodgers’ tax and enforcing the
provisions of the original ordinance. It has become apparent that there are some
weaknesses in the existing code that make enforcement action against illegal STRs
challenging. Staff recommends a code amendment so that Council’s original intent, to
ensure that only legally licensed STRs exist in Wheat Ridge, can be realized.
Motion by CM Hoppe to approve Council Bill 26-2023 – an ordinance amending Sections
11-504, 11-506 and 2-80 of the Wheat Ridge Code of Laws concerning short term rental
licensing enforcement, on first reading, order it published, the public hearing set for
Monday, October 9, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers,
and that it takes effect upon adoption and signature by the Mayor and City Clerk, as
permitted by Section 5.11 of the Charter, seconded by CM Ohm, motion carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 46-2023 – a resolution in support of the City filing a commitment
to the State of Colorado, Division of Housing, to increase the City’s supply of
affordable housing to be eligible for future Proposition 123 funds.
CM Dozeman introduced Resolution 46-2023.
Issue
Addressing housing affordability is one of the City’s and State’s most pressing issues.
Colorado voters enacted Proposition 123 in 2022 that will make several hundred million
dollars available for affordable housing statewide starting in late 2023. For a project to
be eligible for these funds in Wheat Ridge, the City must file a commitment to increase
its supply of affordable housing over the next three years to the State of Colorado,
Division of Housing. This commitment is due by November 1, 2023.
Staff Presentation
Planning Manager, Jana Easley recalled to council the prior actions taken where City
Council adopted the Affordable Housing Strategy and Action Plan (“Strategy”) on
January 9, 2023, and subsequently created the Wheat Ridge Housing Fund on June 12,
2023. City Council approved a new position and budget supplemental for a Housing
Program Administrator on May 22, 2023. At the August 21, 2023, City Council Study
Session, the council offered unanimous support for a resolution in support of filing a
three-year commitment.
Ms. Easley added that filing a commitment to increase the City’s supply of affordable
housing will not have an immediate financial impact on the City; however, it is a
necessary step for the City, or any affordable housing developer with a project in the
City, to be able to access Proposition 123 funds over the next three years through
December 31, 2026.
She spoke on addition topics to include Backgrounds on:
Proposition 123
Affordable Housing Commitment
Establishing a Baseline
Concluding that this is a resolution of support for the City to file this affordable housing
commitment in order to be eligible for Proposition 123 funds over the next three years.
Staff recommends approval of the resolution and would subsequently file this
commitment by November 1, 2023
Project Manager, Jana Easley then stood by to answer questions.
Public Comment
No one came forward to speak.
Council Questions and comments
CM had few questions or comments, having previously studied this issue in depth many
times in Study Sessions and Council Meetings.
CM Dozeman asked a detailed question about whether the current project at 44th and
Wadsworth will count toward the City’s quota of affordable housing. Staff responded
that the state has not provided clarity on that question to date.
Motion by CM Dozeman to approve Resolution No. 46-2023, a resolution in support of
the City filing a commitment to the State of Colorado, Division of Housing, to increase
the City’s supply of affordable housing to be eligible for future Proposition 123 funds,
seconded by MPT Stites; motion carried 7-0.
6. Motion to amend the contract with Sunland Asphalt and Construction, LLC for the
Recreation Center Parking Lot Repair Project to allow for an additional
contingency amount of $30,000 for a total not-to-exceed amount of $619,400.72.
MPT Stites introduced the Motion.
Issue
A contract for the repair of the Recreation Center parking lot was approved by City
Council in June 2023 in the amount of $485,900.72 plus a staff-managed contingency of
$48,500 for a total not-to-exceed contract amount of $534,400.72. On August 28, 2023,
the City Council approved an additional contingency amount of $55,000 for additional
items associated with ADA modifications, electrical vehicle striping, and drainage
improvements. The actual cost of the change order exceeds the approved amount, so
staff is requesting that the contingency amount be increased by an additional $30,000 to
cover all these items fully. This would increase the total not-to-exceed amount of the
contract to $619,400.72.
Staff Presentation
Director of Public Works, Maria D’Andrea presented to council the prior actions and
financial impact where $1,832,725.00 was budgeted for design and construction of this
project in the 2023 budget from the Urban Renewal Authority (URA) bond funds.
Repairs, consisting of a mill and overlay with a geotextile fabric installation below the
pavement, was bid in lieu of complete reconstruction resulting in a lower overall cost.
Sunland’s bid was within the Engineer’s Estimate for this work.
Originally, a 10% staff-managed contingency of $48,500 was recommended to account
for unknown circumstances that might be encountered on the project. Additional
contingency of $30,000 is requested to complete additional work that was identified
after developing the bid documents. The 10% contingency and additional contingency
will only be utilized as needed to pay for items not already in the plans.
Ms. D’Andrea briefly gave background on the following improvements would be added
to the project:
Relocate and increase the number of ADA-accessible parking stalls from eleven
to fourteen with the associated striping, pedestrian detection, and concrete
sidewalk modifications; and
Install curb and gutter to replace portions of the existing concrete channel along
the rear access road and install a new rip rap channel to improve drainage; and
Install enhanced electrical vehicle striping.
She then stood by to answer questions.
Public Comment
No one came forward to speak.
Council Questions and comments
CM Dozeman asked for more details concerning why the contingency amount had to be
increased. Staff gave a detailed answer, about a design change to accommodate more
ADA parking spaces. Then CM Dozeman asked about the longevity of this project; will
this project save money in the long run. Again, Ms. D’Andrea gave a detailed answer.
CM Hultin asked if this includes modifications to the access and striping for the Clear
Creek Trail users. Again, staff answered in detail.
Motion by MPT Stites to amend the contract with Sunland Asphalt and Construction,
LLC for the Recreation Center Parking Lot Repair Project to allow for an additional
contingency amount of $30,000 for a total not-to-exceed amount of $619,400.72,
seconded by CM Hutchinson, motion carried 7-0.
CITY MANAGER’S MATTERS
Mr. Goff deferred until the Special Study Session.
CITY ATTORNEY’S MATTERS
Nothing tonight
ELECTED OFFICIALS’ MATTERS
CM Hultin reported that the Happiness Gardens green tomatoes are ready for picking.
Referring to the Proclamation to support Breast Cancer Awareness Month earlier this
evening, she encouraged women to get screened for breast cancer. Pierce Street is
under construction for more bike lanes, and she cannot wait for the new pathways.
CM Ohm and his wife participated in a cleanup effort on Saturday last, which collected
52,000 pounds of refuse.
CM Hutchinson thanked Jon and Chad in the IT department, who helped her get her
computer back on track. She asked if we have enough IT people here to smoothly
operate our systems for important matters like licensing.
CM Hoppe thanked everyone for supporting the domestic violence proclamation and
Porchlight Family Justice Center. She listed the services the agency is providing. On
October 19 there will be a fund raiser for the Porchlight Family Justice Center.
CM Hoppe then read a message from County Treasurer DiTullio, who could not cover
his entire topic (TABOR refund checks) in his 3 minutes during Public’s Right to Speak.
The statement emphasized that the County Treasurer cannot accept returned checks;
the law requires the Treasurer to issue the checks and the County cannot accept
returned funds.
MPT Stites noted the Farmers’ 5000 event was another success this year. He thanked
the staff and WRPD for their help with the District III meeting recently. He also attended
a ribbon-cutting at Wolf and Wildflower on 38th Ave, with the Mayor, a fantastic new
wine bar. Please, go and check it out. He mentioned two grand openings scheduled for
later in this week. He reminded folks of the Candidates’ Forum this Wednesday. He
also thanked all who worked to hold a block party in his neighborhood over the past
weekend. He declared that their block party was the best in the City.
Mayor Starker also congratulated Wolf and Wildflower. He again recognized Dr.
Haney’s work in not only WR but also Jefferson County.
ADJOURN TO SPECIAL STUDY SESSION
The meeting adjourned at 8:24 pm.
APPROVED BY CITY COUNCIL ON October 9, 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.