Loading...
HomeMy WebLinkAbout05-13-2024 - City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  May 13, 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. 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, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, and Leah Dozeman. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Sr. Deputy City Clerk Margy Greer; Director of Community Development Lauren Mikulak; Director of Parks and Recreation Karen O’Donnell, Recreation Aquatics Supervisor Sara Heisdorffer, and other staff, guests and interested members of the public.  4. Approval of Minutes Study Session Notes, April 15, 2024 City Council Meeting Minutes, April 22, 2024 Special Study Session Notes – April 22, 2024 All Minutes were approved by General Consent. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamation – Mental Health Month – Mayor Starker proclaimed the Month of May 2024, as Mental Health Awareness Month, calling upon all residents, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increase awareness and understanding of mental health, providing appropriate and accessible services for all community members, and making mental health a priority. 7. Proclamation – National Police Week and National Peace Officers Memorial Day - Mayor Starker proclaimed the week of May 13-17 as National Police Week and called upon all those living and working in Wheat Ridge and upon all our community’s patriotic, civil, and educational organizations to observe this week. He asked them to honor law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to our community. In doing so, officers have established for themselves an enviable and enduring reputation for preserving the rights and security of all members of the community. He called upon the community further to observe May 15, 2024, as National Peace Officers Memorial Day, to honor those peace officers who, through their courageous deeds, have lost their lives or who have been injured in the performance of their duty. 8. Proclamation – National Public Works Week - Mayor Starker proclaimed May 19-25 as National Public Works Week in the City of Wheat Ridge and urged all citizens to join with representatives of the American Public Works Association to pay tribute to our public works professions, engineers, managers, and employees and to recognize the substantial contributions they make to protections our national health, safety, and quality of life. 9. Public’s Right to Speak No public comment online. Russell Stillman spoke and said he represents a convenience store on 44th Avenue that supports the police department, wanted to talk about the Tabacco laws. Discussed laws regarding the owners of businesses. He would like the laws to represent the business. The owner of the company that he works for has passed, as the laws represent the owner or individual vice the business itself, it has put the business in a precarious position. Jerry DiTullio spoke regarding Public Works and the Police Department doing a great job. He also spoke to power lines on 34th and asking to underground these lines for public safety, encouraged the City Council and the City Manager to underground these lines, also talked about 38th Avenue, and the missed opportunity to underground those. Asked that 2J and franchise agreement funds be used for this. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 10. Consent Agenda None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 11. 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 This Council Bill was introduced into the Record by Mayor Pro Tem Stites. 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. The Mayor opened the public hearing, which was a quasi-judicial matter. Staff Presentation Senior Deputy City Clerk Margy Greer reminded council, that a formal presentation was given at a previous study session. The ordinance removes the board and replaces this with an administrative hearing officer. She also discussed a few other changes in the ordinance that gave more administrative duties staff. Liquor Authority members were in favor of this change. Public Comment None. Council Comments None Council Member Stites made a motion to approve 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 What Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith, order it published and that it takes effect 15 days after publication. It was seconded by Council Member Hoppe. Vote: 8 to 0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 12. Council Bill No. 08-2024, an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One (R-1B) This Council Bill was introduced into the Record by Council Member Weaver. Issue The owner of the property at 10840 W. 41st Place is requesting approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B). The zone change will result in a zoning that encourages investment in the site and will enable the land use to become more conforming with the zoning. Council Member Weaver made a motion to approve Council Bill No. 08-2024, an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One (R-1B), on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 10, 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 Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 13. Council Bill No. 09-2024, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial- Employment (I-E) This Council Bill was introduced into the Record by Council Member Dozeman. Issue Cogent Companies is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of-way. Council Member Dozeman made a motion to approve Council Bill No. 09-2024, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E), on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 10, 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 Council Member Ohm. Vote: 8-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 14. Resolution No. 24-2024 – a resolution approving a temporary revocable access license agreement with 44th and Wadsworth, LLC This Resolutoin was introduced into the Record by Council Member Ohm. Issue Design and construction of the Improve Wadsworth Project necessitated the installation of a raised median on 44th Avenue which prohibits left turns from westbound 44th Avenue to a private driveway behind the FirstBank building. In response to many requests from the public, staff has coordinated with the property management company to open an existing access point from Vance St. at 43rd Avenue to allow temporary access to the shopping center and the private drive through the shopping center’s parking lot. The temporary license documents the terms of this agreement. The city will enter into a contract to perform the necessary work to open up this access within the next month or so. Funding will come from the Wheat Ridge Urban Renewal Authority. Staff Presentation None Public Comment None. Council Comments Council Member Hultin asked about the type of access, and what the right of way width and multimodal aspect would be, as well as any directional signage available to direct traffic, and asked what the holistic design and implementation will look like. Director D’Andrea commented this is a temporary connection, allowing for egress and ingress near the Ross shopping center, there was no sidewalk or bike lanes that will be striped, but width of lane is 28 feet, which is more than typical 20 feet or two lanes of traffic. There will be a message board, on westbound on Vance at 44th to encourage turning at light, with temporary signage in the parking lot to direct to business so they don’t drive behind the shopping center. Council Member Ohm talked about sidewalk that goes south and questioned its connection. Director D’Andrea commented no further walk will be added, but agreed they can add signage to this affect. Council Member Weaver asked about lighting, stating that it was dark behind the shopping center, stating it was very dark. Director D’Andrea agreed, they can add this. Council Member Hultin clarified the lighting that is in that area, as she frequently rides her bike there. Council Member Ohm made a motion to approve Resolution 24-2024 – a resolution approving a temporary, revocable access license agreement with 44th and Wadsworth, LLC, seconded by Council Member Hultin. Vote: 8-0. The motion carried. 15. Motion – to award a contract and approve subsequent payment of $125,212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center This Item was introduced into the Record by Council Member Larson. Issue The Wheat Ridge Recreation Center Lap Pool filters have sustained severe damage to an internal manifold. While a temporary fix was installed by staff to extend the life of the filters, the temporary fix is failing. The filters require immediate repair to safeguard the integrity of the lap pool and to prevent interruptions in service, possibly including a long- term closure. This motion is to award a contract to CEM Sales and Service to complete this essential work. Staff Presentation City Manager introduced Sara Heisdorffer to Council, the new pool manager. Mayor thanked her for coming, but no formal presentation was given. Public Comment None. Council Comments Council Member Larson asked for the cause of the failure. Sarah explained that 7 or 8 years ago, during a routine cleaning process, something failed, and there was a temporary fix put in place; however, 7 or 8 years for a temporary fix was a good fix. Council Member Larson also asked about the schedule. Sara Heisdorffer informed Council Member Larson, that repairs are scheduled for August 19-30 which would extend the normal pool closure by one week. Sara stated she had worked with this contractor before. However, the contractor was concerned about the deadline for residents as there is a 12-week lag time to get parts for this fix, which is part of the schedule issue, no matter who the contract is awarded to. Council Member Larson asked about a warranty. Sara explained it would be the manufacturer’s warranty, but she wasn’t sure what that entailed, and would need to investigate it before commenting further. Council Member Hoppe asked about funds being moved around in the budget, originally earmarked for coating and diving board to pay for the filter fix, stating the coating and diving board repairs would be deferred until 2025. Heisdorrfer confirmed this to be the case and said that if they did the repairs the funds were originally earmarked for, they run the risk of closing the pool for a longer period, as the filters are already failing. Council Member Hultin made more comments stating that as a swimmer, and a swimmer impacted due to closures, she stated that in the past, the Recreation Center had reached out to Golden to see if the pool there could be utilized during the closure. Susan Anderson, said that they had worked that out with Lakewood, as Golden will be closed at the same time, and stated that the staff was looking at using the outdoor pool as a lap pool during the Rec Center pool closure as well. Council Member Larson made a Motion to award a contract and approve subsequent payment of $125, 212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center, seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 16. Resolution No. 25-2024 – a resolution authorizing the Mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to the Green at 38th This Resolution was introduced into the Record by Council Member Hultin. Issue The City purchased property for the Town Center Park in 1982 using Jefferson County Open Space funding. Because Open Space funding was used, a Jefferson County Open Space reverter was placed on the Town Center Park which restricts the use of that property to public park and recreation purposes. The Town Center Park is no longer a viable option for a community park due to several factors including commercial redevelopment in the area. In the meantime, the City is currently developing The Green at 38th as a new community plaza and park on 38th Avenue, within a few blocks of the Town Center Park. To decommission the Town Center Park, Jefferson County Open Space has agreed to release the reverter and move it to The Green at 38th. This Resolution provides the Mayor with the authority to sign the associated agreement with Jefferson County to complete the effort of transferring the reverter. Staff Presentation City Manager discussed the issue statement, and asked City Attorney Dahl to discuss this first. Mr. Dahl explained that Jefferson County always requires a reverter, that this is common and required for parks and open space funds. They have always been lenient with Wheat Ridge, and other municipalities. Dahl also explained that the site where the reverter was, is not a good site, and so Jeffco and the City of Wheat Ridge, adjusted the current agreement to move this to the 38th, as it made more sense. There is a gift on the property from 1888 which has a reverter, so there is a reverter on a reverter, but because the original was for school purposes, the language is a little more complex, but it worked out, and a solution was achieved that was elegant. City Manager Patrick Goff explained that Jeffco Open Space and Schools were very happy with this agreement. Public Comment None. Council Comments Council Member Ohm after the motion was made, thanked staff for this deal and said he was very excited about this deal going through. Council Member Hultin, was surprised to learn that Town Center Park wasn’t historic, stated that they had heard from several citizens about that park, and have had several conversations with Councilor Ohm, about the parks, etc., from one underutilized park until one that is and can be a great space, also thanked the staff for all the work to see this project to fruition. Council Member Hultin motioned to approve Resolution No. 25-2024 – a resolution authorizing the Mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to the Green at 38th, seconded by Council Member Dozeman. Vote: 8-0. The motion carried. 17. Resolution No. 26-2024 – a resolution initiating a legislative zone change for the Lutheran Legacy Campus This Resolution was introduced into the Record by Council Member Hoppe. Issue In less than three months, the Lutheran Hospital will move from its current location to Clear Creek Crossing. The City prepared for this move (and for the redevelopment opportunity it creates) by adopting the Lutheran Legacy Campus Master Plan in October 2021. A zone changes and an amendment to the City Charter are both required to realize the community vision outlined in the Master Plan. This resolution takes the first step in formally advancing a city-initiated zone change of the Lutheran Legacy Campus. Staff Presentation Community Development Director Lauren Mikulak presented to Council, making comments for the record, brought up previously at a study session, stated it puts the City in a proactive situation, and it would reduce the amount of time the site sits vacant, and it also allows public comment and input with the city doing this zone change. There were 1000 visitors. Mikulak states that the staff would translate zoning regulations, to citizens, council, and planning commission. The zoning would require the charter change, and the public in her opinion would need this to pass the charter change, believes we need the public input, etc., to make this change successful. Mikulak explains this issue tonight strictly initiates the process but will be much more to come for the public and council as this process is brought to fruition. Public Comment Larry Matthews was in Council Chambers and thanked council, and stated he was a previous council member. He commented on the perimeter and stated it says “should”, and “should” does not mean “shall”. He made this comment on several items. He then commented on height, what that height looks like, such as 100 ft, and warned to be careful of what you wish for. He also talked about City rezoning, staff, stating that citizens may or may not get a say so in this. Mr. Matthews also addressed the Lucky Supermarket development, and what they were told when that development was built compared to what is there now. Mr. Matthews closed in stating again to be careful what you wish for and asked that the citizens and council pay close attention to this and all zoning issues and stay informed. Rose Marie Bowden, lives on Dudley Street, in a house built in 1932 for the administrator of the hospital. They have preserved this building and are concerned about the height of the hospital and who will be looking in her house. She also discussed energy, and how much energy is needed for taller buildings. Again, discussed privacy, talked that the City has not said what they would rezone this property too. She states they want more parks, and discussed Applewood, and people wanting to keep that park land. She asked that the City tell them what they intend to rezone it as. City Manager reiterated that there will be a lot of public engagement in the future, as to what this will be. Mayor Pro Tem Stites asked if the issue tonight changes the zoning. City Manager Goff, explained no, this only starts the process. Stites then asked where the public could go to find information. Goff stated they could go to “What’s up Wheat Ridge” for all information. City Attorney Dahl, then explained further that the Resolution tonight initiates the zoning change, but then it would be referred to the Planning Commission, etc., and confirmed this does not change the zoning as of this item in front of Council tonight. Council Comments Council Member Hultin, asked for clarification, that the Planning Department would start from the City Plan, not start from scratch. Director Mikulak, confirmed, they would follow the Master Plan, and explained it would be a very transparent process with the public. Mayor Pro Tem Stites stated that as the city is initiating this process the City will be able to discuss this where if it were development driven the Council would not be able to discuss the issue. The City presenting this issue allows council to be more open and transparent with the residents. Council Hoppe agreed with Mayor Pro Tem Stites Comments. Council member Ohm also agreed with Mayor Pro Tem Stites and Council Member Hoppe and thanked staff for all their work on this item. Council Member Hoppe made a motion to approve Resolution No. 26-2024 – a resolution initiating the legislative zone change for the Lutheran Legacy Campus, seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 18. Motion – a motion to approve payment to Bank of Oklahoma for 2024 principal and interest payment in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bond, Series 2017A This Item was introduced into the Record by Council Member Snell. Issue On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2024 is due June 1 in the amount of $249,900 and the principal and second interest payment is due December 1 in the amount of $3,249,900. Funds to cover the 2024 payments are budgeted in the 2024 2E Bond Fund budget. Staff Presentation None Public Comment None Council Comments None Council Member Snell made a motion to approve a payment to Bank of Oklahoma for 2024 principal and interest payment in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bond, Series 2017A. Seconded by Councilor Hoppe. Vote 8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Goff talked about the Red Lobster closing in Wheat Ridge. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Council Member Hultin, talked about Happiness Gardens hosting Regenerate Wheat Ridge, where they found bugs and looked at them under a microscope. Discussed it was an election year, and different backgrounds, etc., and asked that citizens ask with compassion for their neighbors and understand that people are dealing with a lot outside of this community. She stated that many were affected and asked that everyone be kind and sensitive to those around them. Discussed a police officer new to the Wheat Ridge Police Department and how mental health has impacted the Police Department and gave an example of a situation of where an officer gave his all to take care of a situation where he went above and beyond to make an impact on the community. Councilor Snell talked about an indigenous plant sale and 9 News came and everyone took part in the music and arts. Councilor Snell is excited about this work. Edgewater is kicking off Pride Month at 40 West Arts. A great fun time to come together in a safe environment. She stated her and Councilor Hoppe are having a District meeting and invited the public to attend. Council Member Dozemen talked about the Carnation Festival and a meeting she attended prior to council and all the events that will take place there. She told residents about the plate submission and the royalty nominations which are open for voting. She asked residents to join in the 55th Annual Carnation Festival. Councilor Larson stated the Police Department will be hosting Cops in the Community on May 22nd from 9-11am. They will also be bringing back the Dog Walker Walk in June and asked that everyone look for this. Council Member Ohm discussed the Northern Lights, the district meeting, and the police officer that showed up. He stated the officer was not there for safety reasons, but rather er for the community engagement. He also mentioned the Wheat Ridge Astronaut and issued congratulations. Council Member Weaver stated that she took the dog walker walk and talked about the items you receive when you do this and the awareness of the neighborhood. She also announced that the goat parade will go down to Luis Meadows on the 29th of June, stating it is always exciting to see a goal on a leash. Mayor Pro Tem Stites discussed how great the Wheat Ridge Police Department is. He said that Chief Murtha is doing a great job. He also thanked the Public Works Department and encouraged other council members to do the same. He stated that 31 staff members take care of the roads and do an amazing job. He also recognized Jim Killey who has been on staff since his grandfather was on council. He continued by saying that the Coalition for Education did an obstacle course and a couple hundred kids participated. He finished by saying, “If you can find and buy it in Wheat Ridge, do it.” Mayor Starker talked about a ribbon cutting ceremony at both B-line medical supplies on May 15, and the Antique Boutique. He reported on his monthly Coffee with the Mayor and thanked those who attended. He stated he visited the Wheat Ridge Historical Park and congratulated the Historical Society and all the work they have done. ADJOURNED The meeting adjourned at 8:04 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem