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HomeMy WebLinkAbout02-26-2024 - City Council Meeting MintuesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  February 26, 2024  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 Jenny Snell Scott Ohm         Rachel Hultin Janeece Hoppe Amanda Weaver     Korey Stites       Dan Larson Absent: Leah Dozeman Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Sr. Deputy City Clerk, Margy Greer; Police Chief, Chris Murtha; Division Chief, Eric Kellogg; Grant and Special Project Administrator, Brandon Altenburg; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; Management Analyst, Cole Haselip, other staff, guests and interested citizens.  APPROVAL OF MINUTES Minutes not available for approval at this time. APPROVAL OF AGENDA Councilmember Hoppe made the following motions: “I move to amend the agenda to add Council Bill No. 05-2024, an ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency as Item #4 on the agenda and all subsequent agenda items numbers adjust appropriately. The motion to amend the agenda was approved by General Consent. PROCLAMATIONS AND CEREMONIES Women’s History Month & International Women’s Day The City of Wheat Ridge declared March 2023 as the month that highlights the contributions of women throughout history and in contemporary society and March 8th has been recognized across the world as International Women’s Day since 1911. Mayor Starker presented the proclamation to Morgan Richards. Ms. Richards thanked Mayor Starker for the honor. PUBLIC’S RIGHT TO SPEAK Elisa White – Resident – spoke to the noise level of the Silver Bullet Gun Range and asked for some remediation regarding same. 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). 1. CONSENT AGENDA CM Larson introduced the consent agenda reading each Item and Issue Statement into the Record: a. Resolution No. 07-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation for the re- appropriation and re-encumbrance of 2023 Fiscal Year encumbered funds in the amount of $14,676,888.46. Issue There are 105 open purchase orders from the 2023 budget that will be carried over to the 2024 budget. Each purchase order is associated with a specific project that was not fully completed in the 2023 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2024, a supplemental budget appropriation in the amount of $14,676,888.46 is necessary to allow transfer of these funds into specific budget line items in the 2024 Budget. b. Motion to approve the purchase of liquid deicer materials for snow and ice control on city streets from GMCO Corporation in a total amount not to exceed $85,000. Issue The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city will utilize a State of Nebraska contract with GMCO Corporation to purchase materials for 2024 in an amount not to exceed $85,000. c. Motion to approve annual payment to Jefferson Center for Mental Health from ARPA funds in the amount of $100,000. Issue City Council provided direction to staff regarding usage of American Rescue Plan Act (ARPA) funds in 2022. That direction included payment to Jefferson Center for Mental Health (JCMH) in the amount of $100,000 per year for four years for services to Wheat Ridge residents. This motion approves payment in 2024. Motion by CM Larson to approve Consent Agenda Items 1a.), 1b.), and 1c.). It was seconded by CM Hoppe. Vote: 7-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING CM Hultin introduced Council Bill 03-2024 and read the Issue Statement into the Record: 2. Council Bill No. 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith. Issue The proposed ordinance creates long-term bicycle storage requirements for large multi-unit residential developments, updates and clarifies vehicle parking reduction allowances when additional bicycle parking is required and decouples bicycle parking requirements from vehicle parking requirements. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation Senior Planner Scott Cutler gave a brief presentation which included the background, current mixed-use zoning, and the proposed ordinance, where the code provides some incentives to reduce overall vehicle parking if additional bicycle parking beyond the minimum is provided, up to a maximum of 10 percent. He also stated that the proposed ordinance is based on the consensus of Council and also includes the recommendation to “decouple” bicycle parking from vehicle parking as recommended by the Sustainability Committee and additional public comment. Public Comment Betsy Coppock, Resident – spoke in favor of both Agenda Items 2 and 3, stating the younger generation is most impacted by the climate change and they are also the most interested in mitigating. She was in favor of providing safe locations to park their bikes and inexpensive and convenient ways to charge their electric vehicles. Kelly Blene – Resident – spoke in favor of both Agenda Items 2 and 3, stating that the EV parking proposal supports emission reductions and providing bike parking will reduce vehicle parking requirements. She stated she supports both proposals. . From Wheat Ridge Speaks: Michaela Butler - Resident I support the ordinance that creates long-term bike storage requirements, updates vehicle parking reduction allowances, and decouples bike parking from vehicle parking. This will: - Incentivize biking over driving - Increase health and wellness of citizens - Encourage indoor bike storage and e-bike charging - Encourage safer streets and communities This will make the city healthier, greener, and more livable. Please approve it. Thank you. Council Questions and comments: CM Holtin spoke in support of both ordinances. The Mayor closed the public hearing. Motion by CM Hultin to approve Council Bill No. 03-2024, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith on second reading, order it published, and that it takes effect on March 1, 2024. It was seconded by CM Ohm. Vote: 7-0. The motion carried. CM Ohm introduced Council Bike 04-2024 and read the Issue Statement into the Record: 3. Council Bill No. 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith. Issue The proposed ordinance creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation Senior Planner, Scott Cutler presented on the issue, reporting that the current zoning code does not have any requirements related to EV parking and charging. Likewise, the City’s current adopted building codes and local amendments (2018 International Building Codes or IBC and 2020 National Electric Code or NEC) allow for EV charging, but do not mandate placement, design, or minimum quantities or percentages. Mr. Cutler also spoke on how the Colorado State Legislature approved HB23-1233 in June 2023 which requires the state electrical board to adopt rules facilitating electric vehicle charging at multi-unit buildings and creates regulations and requirements regarding EV parking, and where the bill also mandates that municipalities comply with the EV power transfer infrastructure requirements in the statewide Model Electric Ready and Solar Ready Code. Public Comment From Wheat Ridge Speaks: Michaela Butler - Resident I support the proposed ordinance that creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. This ordinance will: - Reduce emissions by steering new development towards more sustainable technologies and more compact development patterns - Save costs by making parking EV capable at the time of construction, which is much cheaper than retrofitting later - Provide access to charging for residents in multi-family buildings, which is essential for increasing EV adoption - Future-proof developments by preparing for the expected growth of EV sales and the electrification of the transportation system - Boost economic development by attracting tourists and customers who can charge their EV while shopping and dining in Wheat Ridge This ordinance will bring Wheat Ridge up to speed in EV readiness and sustainability. Please approve it. Thank you. Council Questions and comments: CM Ohm – stated Dener reported approximately 29% their EV charging stations are not useable and in need of maintenance. Staff explained that there is a system built into the charging stations that allows for notification of maintenance. As the process progresses staff will keep in mind this issue. CM Larson – asked several questions about where EV charging stations are allowed and how it compares to gas stations, as it seems businesses that allow for more shopping time are ideal locations. Staff explained that while zoning dictates where certain types of businesses can be located, EV charging stations are allowed in more zones. Staff agreed that retail or other businesses that allowed time for vehicles to be charged would be ideal, however it is not something considered in the ordinance tonight. CM Weaver asked if there were any adverse effects to charging stations regarding electrical transformers or drain from nearby businesses. Mr. Dahl explained that that the charging stations are 240 volt and therefore, the use of electricity at that level is irrelevant. CM Larson – asked if sales tax was being charged when people pay for charging their vehicles at the EV stations. Staff stated that the tax would be considered on the utility, not as a separate sales tax item on their receipt. The Mayor closed the public hearing. CM Ohm made a motion to approve Council Bill 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith, on second reading, order it published, and that it takes effect on March 1, 2024. It was seconded by CM Holtin. CM Holtin – spoke in favor of the EV charging stations stating that the Arvada Target store’s EV charging stations are the most used charging stations in the State. This will help economic development, as people shop while their vehicles are charging. Vote: 7-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING CM Hoppe introduced Council Bill 05-2-24. 4. Council Bill No. 05-2024, an ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency. Staff Presentation City Attorney Jerry Dahl stating that the Bill is brought forward because the Liquor Authority has had trouble filling a quorum for some time. It has been a true challenge. City staff is requesting an alternative, using an administrative hearing officer to handle licensing, show cause hearings, modifications and other issues. Emergency ordinances are not brought forward very often, but it is important to the welfare of our businesses. The Charter states that the ordinance will be effective upon the vote and a public posting is not required. Unless liquor licenses can be properly processed and renewed, businesses cannot serve alcohol. Thus, it leads to an emergency situation. Public Comment Morgan Richards – Resident -Chair of Liquor Authority – spoke in favor of the ordinance, stating that the Authority struggles to have a quorum present, stating that in one circumstance, an owner flew in from out-of-town to appear before the Authority, and the hearing had to be postponed due to lack of a quorum. She also stated, that while the residents who serve as the Authority are good-intentioned, they are not attorneys. Decisions need the strong knowledge of the complex and ever-changing liquor laws and should be in the hands of an attorney or hearing officer. She stated that she and others support the proposal, and it is important for the City’s small businesses to have an efficient and effective process. She thanked Council for their consideration. Council Questions and comments CM Hoppe – clarified that a future study session would be held to determine a permanent solution to the issues stated tonight. CM Hoppe made a motion to to approve Resolution No. 05-2024- An Ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency. It was seconded by CM Stites. Vote: 7-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 5. Motion to appoint Board and Commission members. By tradition, Board & Commission appointments are introduced by each District’s senior member and seconded by the junior member. CM Hoppe introduced Item 5 and read the Issue Statement into the Record: Issue As of March 2, 2024, the terms of twenty-one current Board and Commissions members of the City of Wheat Ridge will expire. Additionally, there are two existing vacancies to fill which include seats on the Cultural Commission and Liquor Licensing Authority, and one position being added to the Board of Adjustment per the new Board and Commission rules going into effect March 1, 2024. These 24 positions in total are to be filled or reappointed. Additionally, the Parks and Recreation and Planning Commissions have two members from specific districts whose terms expire in the same year. Term expirations should be staggered. This is caused by an error years ago when appointments were made. Staff recommends Council take this opportunity to stagger the term dates as further described below. Mayor Starker recommended appointing: Wanda Sang to the Election Commission for an at-large seat, term ending March 2, 2026; and Elisa White to the Election Commission for an at-large seat, term ending March 2, 2026; and Jeff Richards to the Cultural Commission for an at=large seat, term ending March 2, 2027; and Celeste Tanner to the District I Urban Renewal Authority seat, term ending March 2, 2029; and Marcia Hughes to the District III Urban Renewal Authority seat, term ending March 2, 2029. CM Hoppe made a motion to approve the Mayor’s recommendation for appointments: It was seconded by CM Snell. Vote: 7-0. The motion carried. District I CM Hoppe made a motion to appoint the following: Celia Daly to the Cultural Commission, term ending March 2, 2027; and Cambria Rollo to Parks and Recreation, term ending March 2, 2027; and Kris Holub to the Planning Commission, term ending March 2, 2027. It was seconded by CM Snell. Vote: 7-0. The motion carried. District II CM Hoppe made a motion to appoint the following: Beth Kelley to the Cultural Commission, term Ending March 2, 2027. and Juanita Stites to the Liquor Licensing Authority, term ending March 2, 2025; and Kathy Weisbrodt to Parks and Recreation, term ending March 2, 2027. It was seconded by CM Ohm. Vote: 7-0. The motion carried. District III CM Weaver made a motion to appoint the following: Michael Griffeth to the Board of Adjustment, term ending Mach 2, 2027; and Ronald Abo to the Building Code Advisory Board, term ending March 2, 2027; Sandra Davis to the Cultural Commission, term ending March 2, 2027; and Jean Vratil to the Liquor Licensing Authority, term ending March 2, 2027. It was seconded by CM Stites: Vote: 7-0. The motion carried. District IV CM Larson made a motion to appoint the following: Justin Slocum to the Building Code Advisory Board, term ending March 2, 2027, Syrma Quinones to the Planning Commission, term ending March 2, 2027. It was seconded by CM Hoppe. Vote: 6-0. The motion carried. 6. Resolution No. 08-2024 – a resolution adopting bylaws of several of the city’s public bodies. CM Snell introduced Resolution 08-2024 and read the Issue Statement into the Record: Issue The City Council has adopted Boards and Commissions Code amendments which come into effect on March 1, 2024. As a result, each of the City’s public bodies have approved bylaws that conform to the code amendments and make general improvements. These bylaws can only be adopted by resolution of the City Council. Staff Presentation Management Analyst, Cole Haselip presented to Council the details of this Resolution stating it brings into compliance the bylaws of each of the City’s boards and commissions. All staff liaisons and public bodies have read the CM Larson asked why the all except the Planning Commission has two 3-year appointments. Staff explained that the Planning Commission terms were already in the Code and these are being adopted by Resolution. Public Comment None. Council Questions and comments None. CM Snell made a motion to approve Resolution No. 08-2024- A Resolution adopting bylaws of several of the city’s public bodies. It was seconded by CM Weaver. The motion carried 7-0. CM Weaver and CM Holtin thanked staff for all their hard work on unifying the Boards and Commissions, stating it will have a good impact on succession planning. 7. Resolution No. 09-2024 – A Resolution adopting the Boards and Commissions Code of Ethics MPT Stites introduced Resolution 09-2024 and read the Issue Statement into the Record: Issue Staff requests that the City Council adopt a Boards and Commissions Code of Ethics to instruct board and commission members to act in a manner that aligns with the City’s values. Staff Presentation Management Analyst, Cole Haselip presented to Council the details of this Resolution, stating that the Code of Ethics aids in how members conduct themselves, and allows removal for excessive unexcused absences. Public Comment None. Council Questions and comments None. MPT Stites made a motion to adopt Resolution 9-2024, a Resolution adopting the Boards and Commissions Code of Ethics. It was seconded by CM Hoppe. Vote: 7-0. The motion carried.\ MPT Stites introduced Resolution No. 10-2024 and read the Issue Statement into the Record: 8. Resolution No. 10-2024 – a resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer services Issue The Wheat Ridge Police Department and the Jefferson County School District have worked together for several years and participated in the School Resource Officer (SRO) Program. The primary mission of the SRO Program is to provide formal instruction, informal consultation and mediation, enforcement and problem solving for the school communities. A formal, written, intergovernmental agreement between the City and the District concerning school resource officers, has been in place for over ten (10) years. The District has requested the intergovernmental agreement be reviewed and reapproved. Staff Presentation Division Chief Eric Kellogg presented to Council the details of this resolution, stating there was few differences from the last resolution Council adopted for the SRO Program. He went on to explain the program and its benefits to Council. CM Hoppe asked about the training for the SROs, specifically regarding the juvenile aspects to the training program. Division Chief Kellogg explained that SROs all go through the required 40 hours of basic training, formalized educational truancy intervention, anti-bullying; consequence protocols, establish mentoring programs, and work with the kids and their families. In addition, they stay on top of their tactical training, active shooter, safety, teaching kids about their moral compass and more. CM Weaver asked how the SROs are chosen. Chief Chris Murtha stated that the interview is rigorous and competitive. One is a former teacher and one worked with youth in Parks & Recreation. Something else unique about Wheat Ridge SROs is that they are paid through Wheat Ridge, where others are paid by grants or the school district. The City pays these officers so the Department wants the right people in place. Mayor Starker asked, if after training, the SRO is a permanent assignment. Chief Murtha stated the SROs are on a four-year rotation, but there are provisions for them to stay in place, if they want it. Motion by CM Stites to approve Resolution No. 10-2024- A Resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer services. It was seconded by CM Weaver. Weaver and Stites spoke very highly of the SRO program. Vote: 7-0. Motion carried. CM Weaver introduced Resolution No. 11-2024 9. Resolution No. 11-2024 – a resolution authorizing the Mayor to execute two agreements with Jefferson County Open Space to accept Trails Partnership Program Funds in the amount of $252,650 for improvement and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail. Issue The City of Wheat Ridge was awarded $252,650 and $32,069 from two separate grant awards through the Jeffco Open Space (JCOS) Trails Partnership Program. The $252,650 award is 50% of the estimated cost for specific studies, designs, and improvements to the Clear Creek Trail. The $32,069 award is 25% of the estimated cost to replace the existing asphalt Hayward Park walking trail with 8’ wide concrete. Staff Presentation Grant and Special Project Administrator, Brandon Altenburg was available via Zoom to answer questions. Council Questions and comments CM Holtin and CM Ohm spoke to needed lighting in the tunnel, as currently it is dark and feels unsafe. Both thanked staff for the crossing. CM Weaver made a motion to approve Resolution No. 09-2024- A Resolution authorizing the Mayor to execute two agreements with Jefferson County Open Space to accept Trails Partnership Program Funds in the amount of $252,650 for improvement and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail. It was seconded by CM Ohm. Vote: 7-0. The motion carried. CITY MANAGER’S MATTERS City Manager Patrick Goff spoke to the process for electing a new presiding judge and thanked the interview panel; mentioned business grand openings; and stated that a sound study is being done regarding the Silver Bullet so the City will get a report back in a couple of weeks. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS CM Snell thanked community members for applying to the many boards and commissions and gave a special thanks to Jerry DiTullio for his work for the community. She stated she appreciated the discussion regarding the SROs and hoped for continued discussion about anti-bullying in the schools. CM Snell invited the community to the Friday Art Show at Art Centric. CM Hultin – Thanked the board and commission members for their interest and their efforts. She spoke to the Charter provision, in hopes of changing it in the future, regarding only allowing registered voters to serve on City Boards and Commissions. She stated she would like to see that barrier removed. She liked that Happiness Gardens had markers showing the types of trees being grown there and expressed her thanks to Denver Urban Gardens for partnering with the City. She thanked everyone who came to the District II meeting and felt like a very civic and civil space. She thanks everyone who participated. Mental health was discussed and she stated that she would be adding mental health to her Happiness Garden report. She encouraged everyone to be good neighbors, be friendly, and stated there are mental health resources available. CM Larsen – He invited residents of District IV to CM Dozeman and his District IV Meeting on April 2nd at 6 pm at Anderson Park. He stated they would like to hear the residents’ concerns. CM Ohm stated he attended a recent CML meeting with the Mayor and had good conversations with everyone. At the District II meeting, there was discussion regarding the Historical Society, the Grainge and the need of membership, advertising and promotion for their district meetings; and getting help with knowing where traffic closures will be. CM Weaver – no report. CM Hoppe – She thanked everyone who applied for the boards and commissions. She stated that if someone applied and did not get on their chosen board or commission, to please apply to one of the boards with current openings. MPT Stites – He thanked the board and commission members for helping the City. He encouraged the local businesses to get involved with one of the business associations in the City and also encouraged those in the Business District to contact the City to talk about potential grants for small improvements. He encouraged everyone to find it and buy it in Wheat Ridge. Mayor Starker - He thanked everyone who applied for a board or commission, stating he appreciated their help in making great things happen in the community. He gave a special thanks to the staff who brought the bicycle and EV charging stations initiative forward; and the Police Department for a great presentation regarding the SRO program. On behalf of the City, he offered his condolences to the family of Eugene Kiefel. He owned the well-known Wheat Ridge Cyclery and peacefully passed away in his home on February 4th at the age of 92. Update Wadsworth Blvd. Closures Maria D’Andrea, Director of Public Works, gave a brief update to Council, letting them know that due to some very deep excavation work being done, the intersection at 38th Avenue will be closed except for emergency vehicles. This includes pedestrian traffic as well. After discussion with Council and their expressing concern for the length of time it would take for pedestrians to detour, staff stated they would try to find a solution and the detours would be plainly marked with signage. ADJOURNMENT The meeting adjourned at 8:27 pm. APPROVED BY CITY COUNCIL ON March 25, 2024 _________________________________ Margy Greer, Sr. 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.