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HomeMy WebLinkAbout04-22-2024 - City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  April 22, 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. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, and Dan Larson Absent: Janeece Hoppe and Leah Dozeman A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; City Clerk Steve Kirkpatrick; Sr. Deputy City Clerk Margy Greer; Director of Public Works Maria D’Andrea; Police Chief Chris Murtha, Director of Parks and Recreation Karen O’Donnell, Grant and Special Project Administrator Brandon Altenburg, other staff, guests and interested citizens. 4. Approval of Minutes • Study Session Notes of February 5, 2024, March 18, 2024, April 1, 2024 • Special Study Session Notes of March 25, 2024, April 8, 2024 • City Council Meeting Minutes of March 25, 2024, and April 8, 2024 The April 8, 2024, Special Study Session Notes were amended to correct a typographical error. All others were accepted as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamation – Asian American and Pacific Islander Month Mayor Starker proclaimed the month of May 2024 “Asian American and Pacific Islander Heritage Month” where generations of Asian American and Pacific Islanders of all backgrounds have been inspirational examples of leaders and trailblazers and have a longstanding history of making significant cultural, economic and scientific contributions across the United States. 7. Proclamation - Municipal Clerks Week Mayor Starker proclaimed the week of May 5-11, 2024, as “Municipal Clerks Week” in the City of Wheat Ridge, where the Office of the Municipal Clerk is the oldest among public servants and provides the professional link between the community members, the local governing bodies, and agencies of government at other levels. The Mayor presented the written proclamation to Steve Kirkpatrick, City Clerk. Mr. Kirkpatrick spoke a few words about being City Clerk, its functions, and thanked Mayor and Council for the proclamation. 8. Public’s Right to Speak Sam Greenberg, representing Senator Brittany Petterson, spoke about her ability to secure federal appropriations of $10 million, which includes $2 million award to Wheat Ridge for their affordable housing program. He stated that Senator Petterson continues to work on gender biases regarding scarce products and strives hard to connect people with assistance through federal funding. He encouraged people to contact her office through the website with any needs they may have regarding federal assistance. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks. 9. Consent Agenda CM Ohm introduced the consent agenda and read each Item and Issue Statement into the Record: a. Resolution No. 16-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation for the re- appropriation of 2023 Fiscal Year encumbered funds in the amount of $415,911.71. Issue On February 26, 2024, Council approved the re-appropriation of 105 open purchase orders from the 2023 budget for a total re-encumbrance of $14,676,888.46. Three of those 105 purchase orders incurred payments in 2024 prior to the carryover, but the amount was not reflected in the re-encumbrance amount. As a result, the three purchase orders are now short of funds in the amount of the payment that was made. To continue or close out these projects in 2024, a supplemental budget appropriation in the amount of $415,911.71 is necessary to allow transfer of these funds into specific budget line items in the 2024 Budget. b. Resolution No. 17-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $75,000 for the purpose of accepting a grant from the Colorado Department of Local Affairs Emergency Solutions Grant Program. Issue In late 2023, the Wheat Ridge Homeless Navigation Program was awarded $75,000 by the Colorado Department of Local Affairs through its Emergency Solutions Grant (ESG) application, with funds to be released in April 2024. ESG is a federal, HUD-administered program, now supplemented with Proposition 123 funds. The grant award will be used to support the Navigation Program’s outreach and motel vouchering efforts. c. Resolution No. 18-2024 – a resolution authorizing the Mayor to execute an Intergovernmental Agreement with the City of Denver for management of a feasibility study to construct an off-street trail between Creekside Park and W. 52nd Ave. Issue The City received a grant from the Jefferson County Open Space (JCOS) Trails Partnership Program for a trail feasibility study. The study will focus on the area between Creekside Park in Wheat Ridge and W. 52nd Avenue that is the border between Denver and Jefferson Counties to determine if an off-street trail connection is possible in this area to link together the existing Clear Creek Trail. Wheat Ridge will be accepting the Trails Partnership funding so an intergovernmental agreement with Denver is required to outline the terms associated with the management of this project. d. Resolution 19-2024 – a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $45,000 for a feasibility study in partnership with the City of Denver. Issue The City of Wheat Ridge was awarded $45,000 through the Jefferson County Open Space (JCOS) Trails Partnership Program. The $45,000 award is 50% of the estimated cost for a feasibility study of the area between Creekside Park in Wheat Ridge and W. 52nd Avenue that is the border between Denver and Jefferson Counties to determine if an off-street trail connection is possible in this area to link together the existing Clear Creek Trail. To accept the grant and receive the funding, the City Council must direct the Mayor to sign the grant agreement. e. Motion to appoint members to the Board of Adjustment Issue Section 2.53(e) of the City of Wheat Ridge Code of Laws states “…any board or commission member who shall change their personal residence to an address outside the city or the district they represent shall cease to be a member of the board or commission…” Betty Jo Page was previously appointed to a District I seat on the Board of Adjustment. She has since moved into District II. She was removed from the Board, and she has re-applied for a District II seat. Thomas Burney who holds a District II seat is a resident of District IV. Staff is requesting to appoint Betty Jo Page to the District II seat currently occupied by Thomas Burney and to appoint Thomas Burney to the vacant District IV seat. This will place both members in the districts in which they reside. This will leave a vacancy in District I for which staff will recruit. f. Motion to approve the contract with OpenGov for the permitting and licensing system in the amount of $137,933.31. Issue In 2021, City Council determined a priority of the City must be to streamline permitting and licensing to assist the business community in working with Wheat Ridge and provide greater customer service. Following a two-year evaluation period of systems and existing business processes, the City has selected five systems to drive efficiency and modernize business practices. The second system to be purchased and implemented is OpenGov which will facilitate permitting and licensing for our contractors as well as improving code enforcement visibility. CM Ohm made a motion to approve the Consent Agenda Items 1a through 1f, inclusive. It was seconded by MPT Stites. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 10. Council Bill No. 06-2024 – an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing Letter Notice CM Hultin introduced Council Bill 06-2024 and read the Issue Statement into the Record: Issue Prior to the public hearing for a quasi-judicial application, the zoning code currently requires that the City send letter notice of the hearing to owners and occupants within 600 feet of the subject property. The proposed ordinance extends this letter notice to 1000 feet. The Mayor opened the public hearing which was not a quasi-judicial matter. Staff Presentation Lauren Mikulak, Community Development Director, gave a brief presentation which included the background where the letter notice for public hearings was expanded from 300 to 600 feet in October 2020. The change aligned the distance for public hearing notice with the distance used for neighborhood meetings which was historically 600 feet. In November 2021, letter notice was expanded to include owners and occupants for neighborhood meetings and public hearings. She stated that the Board of Adjustments will also make the mailing requirements 1000 feet. The new ordinance amends the letter notice from 600 to 1000 feet for neighborhood meetings and public hearings. Public Comment None. Council Comments CM Hultin stated she appreciated her colleagues and staff working toward this great solution. MPT Stites stated he would be supporting the resolution. The Mayor closed the public hearing. CM Hultin made a motion to approve Council Bill No. 06-2024, an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing Letter Notice on second reading, order it published, and that it takes effect t fifteen (15) days after final publication. It was seconded by MPT Stites. Vote: 6-0. The motion carried. 11. Resolution No. 20-2024 – a resolution adopting a first amendment to a cooperation agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge providing for an extension of a sales tax sharing agreement with U.S. Retail Partners in an amount not to exceed $2,000,874 or fifteen years from the original agreement date. CM Weaver introduced Resolution No. 20-2024 and read the Issue Statement into the Record: Issue U.S. Retail Partners, LLC (the “Developer”) redeveloped the vacant Walmart retail building within the Applewood Village Shopping Center in 2019 which resulted in new retailers such as Hobby Lobby, HomeGoods, Sierra Trading Post, Ulta, Eyeglass World and Chick-fil-A. To assist in the redevelopment, the City and the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge (RWR) entered into a Cooperation Agreement dated May 13, 2019, which authorized the City to pledge a 1.0 cent sales tax increment to the project for a period of five years up to a maximum amount of $2,000,874. The sales tax pledge will expire in 2024. Due to the emergence of the COVID crisis shortly after the new retailers opened, and other economic factors, the sales tax pledge is estimated to generate only $390,471, well short of the $2,000,874 originally estimated by revenue modeling. The Developer has requested an extension of the sales tax pledge for another ten years, without amending the maximum sales tax pledge of $2,000,874. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation City Manager Patrick Goff gave a brief history and timeline of the activities leading up to the request to extend the agreement. He stated the result is that the economic value of the agreement is approximately $3.7 million less than anticipated which is negatively impacting the operation and future investments of the shopping center. If the Cooperation Agreement is amended to extend the sharing of the sales tax by another ten years up to a maximum of $2,000,874, the economic value of the agreement will only be $2.6 million less than anticipated. Public Comment None. Council Comments None The Mayor closed the public hearing. CM Weaver made a motion to approve Resolution 20-2024 – a resolution adopting a First Amendment to a Cooperation Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge providing for an extension of a sales tax sharing agreement with U.S. Retailer Partners in an amount not to exceed $2,000,874 or fifteen years from the original agreement date. It was seconded by CM Ohm. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 12. Council Bill No. 07-2024, an ordinance amending Sections 11-51, 11-52.5, 11- 53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith. MPT Stites introduced Council Bill 07-2024 and read the Issue Statement into the Record. Issue The City has an eight-member, Council appointed Liquor Licensing Authority (LLA) that is vested with the authority to grant and refuse liquor licenses and other types of applications and permits, and hold show cause hearings for alleged violations, all in the manner provided by law. Over the past few years, the eight-member board has struggled at times to reach a quorum, delaying Wheat Ridge businesses from obtaining licenses and other resolutions in a timely manner. Staff Presentation None. Public Comment None. Council Comments None. MPT Stites made a motion to approve Resolution No. 07-2024- An Ordinance amending Sections 11-51, 11-52.5, 11-53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith on first reading, order it published, public hearing set for Monday, May 13, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect 15 days after final publication. It was seconded by CM Ohm. Vote: 6-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 13. Resolution No. 21-2024 – a resolution amending the 2024 Fiscal Year Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $1,000,000 and expressing the intent of the City to be reimbursed from future sales and use tax revenue bonds for certain expenses related to emergency storm sewer repairs. MPT Stites introduced Resolution 21-2024 and read the Issue Statement into the Record. Issue In November 2023, Wheat Ridge citizens favorably supported an extension of a ½ cent temporary sales and use tax to be used for constructing sidewalk gaps, sidewalk, bike lane, roadway, and drainage improvements. Recent storm sewer pipe failures have resulted in the need to access funds for these repairs. As bonds for these improvements will likely not be issued until the fall of 2024, at the earliest, it is necessary to declare the City’s intent to use bond proceeds for these improvements and, when financing occurs, to be reimbursed with proceeds from the bonds for these expenditures. Staff Presentation City Manager Patrick Goff spoke briefly about emergency storm water repairs. The resolution allows the utility to borrow from the CIP Budget and states the reimbursement for same. Public Comment None. Council Comments None. MPT Stites made a motion to approve Resolution 21-2024 – a Resolution amending the 2024 Fiscal Year Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $1,000,000 and expressing the intent of the City to be reimbursed from future sales and use tax revenue bonds for certain expenses related to emergency storm sewer repairs, seconded by CM Ohm. Vote: 6-0. The motion carried. 14. Resolution No. 22-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $115,000 for the purpose of approving an Intergovernmental Agreement with the City and County of Denver concerning the Urban Area Security Initiative. CM Larson introduced Resolution 22-2024 and read the Issue Statement into the Record. Issue State of Colorado received an Urban Area Security Initiative (UASI) grant award for approximately $504,588 to purchase a mobile command post vehicle for the City of Wheat Ridge Police Department. Wheat Ridge is responsible to appropriate a 20.1% match of funds and to approve an Intergovernmental Agreement (IGA) with the City and County of Denver to receive the mobile command post vehicle. The grant award amount may increase or decrease slightly before the vehicle is delivered. To account for this uncertainty, this supplemental budget appropriation will approve matching funds up to an amount not-to-exceed $115,000 to ensure adequate funding is available for the City’s required matching funds. Staff Presentation Commander Jon Pickett presented details to Council on how the Police Department identified the largest gap in the City’s ability to respond to major events and incidents is the deficiency in the current mobile command post vehicle. The current mobile command post is too small and outdated to accommodate the personnel and technology that is needed to effectively respond to an incident using the unified command structure. The Police Department must maintain the asset and make it available to the region. Public Comment None. Council Comments CM Larson asked about the City of Denver’s involvement. Commander Pickett explained that the federal government awarded the grant to Denver who will receive the assets for this region of Colorado. Wheat Ridge has an agreement with Denver that Denver will obtain the vehicle from the vendor and turn it over to Wheat Ridge, fully equipped and ready to be used. CM Larson made a motion to approve Resolution No. 22-2024 -a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $115,000 for the purpose of approving an Intergovernmental Agreement with the City and County of Denver concerning the Urban Area Security Initiative, seconded by CM Weaver. The motion carried 6-0. Chief Murtha stated that Commander Pickett would be retiring after 33 years of service. He thanked Pickett for finishing this project and for his service to Wheat Ridge. 15. Resolution No. 23-2024 – a resolution supporting an application to the Jefferson County Historic Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form. CM Snell introduced Resolution 23-2024 and read the Issue Statement into the Record. Issue The Wheat Ridge Historical Society and the City of Wheat Ridge were approached by the Jefferson County Historical Commission about applying to the County Landmark Designation Program for the Wheat Ridge Historical Park and the Baugh House. Both properties can be submitted as a single application. As the City owns the buildings and properties, City Council support for the application to the county program is needed and Council would need to direct the Mayor to sign the Owner Consent Form that is part of the application. Staff Presentation Grant and Special Project Administrator, Brandon Altenburg presented background details to Council on how the Wheat Ridge Historical Park was created in the 1970s-1980s when the Sod House and Red Brick House were acquired by the City for preservation. Those buildings sit at their original location. The original Wheat Ridge Post Office and Coulehan-Johnson Cabin were later moved to this site. The Cabin was built in 1859 on the first registered homestead in Colorado. Judge Johnson later owned the cabin and was an influential early resident of Jefferson County. Marta Heady with the Wheat Ridge Historical Society stated that the board is excited to receive this designation. She stated they are honored and thanked Council for this recognition. She spoke to the hard work of the Historical Society in keeping the history of Wheat Ridge alive. Mr. Altenburg stated that the James W. Baugh House sits on its original location 1.5 blocks south of the Historical Park. It is a turn of the century (19th/20th centuries) farmhouse that originally sat on 160 acres of farmland. Six acres of the property have been preserved, and both the Sod and Baugh House are on the National Register of Historic Places. The Sod House, Baugh House, and Post Office are also on the State Register of Historic Places. Public Comment None. Council Comments CM Weaver asked if the designation would interfere in anyway with perhaps getting water or other utilities to the house. Altenburg stated that the Commission strongly encourages the City to meet with them prior to those type of renovations. CM Snell made a motion to approve Resolution No. 23-2024 -a resolution supporting an application to the Jefferson County Historic Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form. It was seconded by MPT Stites. Vote: 6-0 The motion carried. 16. City Manager Matters City Manager Patrick Goff spoke about the City Plan, the update to the City’s Master Plan, has a survey on "What’s Up Wheat Ridge” and will be available until May 3rd. He encouraged everyone to complete the survey. In addition, the City had to cancel its tree sale on Saturday but held it on Sunday and sold out of 99 trees in three hours. 17. City Attorney’s Matters No report. 18 Elected Officials’ Matters Mayor and Council Members reported on various activities including their district meetings, attendance at open houses, and promoted local businesses and programs. 19. Adjournment Mayor Starker adjourned the meeting at 7:26 pm and Council went into a Special Study Session. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem