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HomeMy WebLinkAbout08-26-2024 - City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  AUGUST 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.  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, Janeece Hoppe, Dan Larson, and Leah Dozeman Absent: None. 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; Community Development Director Lauren Mikulak, Police Chief Chris Murtha, City Clerk Margy Greer, and other staff, guests and interested members of the public.  4. Approval of Minutes Study Session Notes, August 5, 2024 City Council Meeting Minutes, August 12, 2024 Without objection or correction, the Notes were accepted as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamations and Ceremonies National Suicide Prevention Month - Mayor Starker proclaimed September 2024, as National Suicide Prevention Month in the City of Wheat Ridge. He presented the Proclamation to Rebecca Mitchell, Jefferson Center Community Engagement Coordinator. She spoke to the issue of suicide prevention and thanked Council for their support. 7. Public’s Right to Speak Kathy Nuanes – Resident – spoke to the Council regarding making Kullerstrand Elementary School a priority for development and requested that Council work with the school district to purchase and repurpose the now closed Kullerstrand Elementary School. 8. CONSENT AGENDA Council Member Larson read the Consent Agenda and the Issue Statements into the Record The Consent Agenda consisted of Items 8a and 8b, inclusive. a. Resolution No. 38-2024 – a resolution giving notice of and calling for a special municipal election to be held November 5, 2024 Issue The City Charter calls for a municipal election in every odd year to coincide with the elected terms for the Offices of the Mayor, Clerk, Treasurer and Council. Municipal elections are not held in the City of Wheat Ridge in even-numbered years unless a special election is warranted for a recall, referendum or initiative set forth by the electorate or the Council. In such cases, Charter Section 2.2. gives the Council the authority to call a special election. City Council will refer two ballot questions to the electorate of the City of Wheat Ridge for the November 5, 2024, general election. Therefore, the City of Wheat Ridge is required to formally call a special municipal election for this date. b. Resolution No. 39-2024 – a resolution authorizing the appropriate city officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2024. Issue The City of Wheat Ridge will participate in a coordinated election on November 5, 2024. The attached Resolution and Intergovernmental Agreement must be executed and forwarded to Jefferson County by Tuesday, August 27, 2024. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. The duties of the County Clerk include, but are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, mailing of the ballots, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge’s “Election Officer” and the designated election official. The City Clerk shall act as the primary liaison between the City of Wheat Ridge and the Contact Officer for the County Clerk and Recorder. Council Member Larson made a motion to adopt the Consent Agenda as read into the Record. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Council Bill No. 14-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus Mayor Pro Tem Stites introduced the Bill and Issue Statement into the Record. Issue The Lutheran Legacy Campus (LLC) Master Plan was adopted in 2021 and implementation of the plan’s vision requires that the City Charter be amended to modify the building height limitations of the campus. This ordinance sets the ballot language for the November 5th election which is due to the Jefferson County Clerk and Recorder on September 6th. Community Development Director Lauren Mikulak gave a presentation on the proposed ordinance. She spoke to the history of the proposed charter changes and the current height restrictions for building at the Lutheran Legacy Campus. The proposed changes would be the first step in implementing the Lutheran Legacy Campus Master Plan. Mayor Starker opened the public hearing on this matter. Public Comment Jenny Shaver – Resident – stated she has been involved in the original Master Plan committee and continues to be involved in the City. She stated that no one she has spoken to wants 70’ height limits. She and others did not receive the survey which was sent to residents. She stated that putting those heights in a neighborhood is serving the developer, not the residents. Joshua Meyer – Resident – agreed with the previous speaker. He asked what the benefit was to have five stories as opposed to something lower. He asked what the vision is for the future, asked it is high density development, and what the interest of the City is in this property which is owned by Intermountain Health. He asked that more information be provided to the public regarding the ballot questions. Mary Feigi – Resident – stated that there is limited retail, and she would like to see more retail with housing units above the retail, more mixed-use than all residential. She stated she would like to see the development more walkable and useable similar to Tennyson-type look. The mixed-use issue is a bigger deal than the height of the buildings. Janelle Shaver – Resident – stated that this matter is not quasi-judicial and therefore the City can use taxpayer’s money to promote the election. She stated that Ed Purlmutter stated that it is not the job of government to ensure the highest use of anyone’s property. The whole city votes on this issue, but it will not affect everyone in the city. She spoke to the number of units which will be built on the property, car traffic, responsibility of road repairs, snow removal, installation of stop lights, and road widening. She stated that Wheat Ridge does not have the infrastructure to support the max influx of people. She mentioned there were several other uses for this property such as ballfields, horse property, water features, open space, and more. She suggested Council do something creative and different with the property. Council Comment Council Member Hoppe asked what the responsibility of the City was once the ballot questions were on the ballot. City Manager Patrick Goff stated that city staff cannot spend time or money on it and City Council may support it individually, but not as the body. Hoppe gave the dates for upcoming meetings where the residents can learn more about the ballot questions. Council Member Hultin asked what the City’s role is regarding the Master Plan and implementation of same. Goff stated that the framework of the zoning follows the Master Plan page for page and will reflect it well. Makulik stated that it is a 100-acre site, and the zoning will allow for several different uses, which is what the public and the Master Plan reflects. Open Space was definitely on the list of priorities for the site. Council Member Dozeman asked about potential city uses on the site. Goff stated that there can be city uses and other public uses such as libraries, cultural centers, and more. All those uses are allowed. Today and in the future, the city is out of space and will look at that campus for city facilities. Council Member Larson asked about the chances of the historical buildings and the Blue House staying on site. Goff stated that the future buyers will be made aware of that request. Mayor Pro Tem Stites made a motion to adopt Council Bill No. 14-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus It was seconded by Council Member Hoppe. Council Members encouraged the public to be engaged in the process and thanked Council for their work on engaging the public participation in the process. Council Member Hultin stated that Council holds themselves accountable to giving accurate information regarding the ballot questions and the voters will make the decision. Vote: 8 Ayes. 0 Nays. The motion carried. 10. Council Bill No. 15-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions Council Member Snell read the Bill and Issue Statement into the Record. Issue Amendments to the City Charter to update and modernize the language, including provisions to remove ambiguities, clerical errors, and outdated provisions, provide additional flexibility in City operations, and ensure gender and citizenship neutrality. This ordinance sets the ballot language for the November 5th election which is due to the Jefferson County Clerk and Recorder on September 6th. Mayor Starker opened the public hearing. City Attorney Jerry Dahl spoke to the history of Charter changes and the non-substantive proposed changes to the Charter brought forward by the ballot question. The redline version of the Charter will be attached to the Resolution as well as an attachment to the Ordinance. Council Member Hoppe asked to also have it put on the webpage. Goff agreed. Goff also explained that the word “resident” replaced the word “citizen” when referring to residents of Wheat Ridge. Mayor Starker closed the public hearing. Council Member Snell made a motion to adopt Council Bill No. 15-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions, order it published and that it takes effect immediately. It was seconded by Mayor Pro Tem Stites. Council Comment Council Member Hoppe explained the proposed changes regarding gender neutrality, which changed “his/her he/she” to the actual title of the person, such as “Mayor” rather than “He.”. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Council Bill No. 16-2024 – an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making conforming amendments therewith 5. Council Bill No. 17-2024 – an ordinance amending Sections 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short- term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same Council Member Ohm read the Bill and the Issue Statement into the Record. Issue The proposed ordinance makes necessary updates to the City’s zoning and development code to modernize, clarify, and update landscape design requirements. This repeal and re- enactment of the ordinance updates standards to address more water efficient design, and it reorganizes and clarifies code to make requirements easier to understand by all users. Mayor Starker opened the public hearing. Lauren Mikulak stated that this project started in June of last year and this adoption would update the Code with state law and best practices, especially regarding water- saving practices. It applies to new landscaping and new developments. Janet Gassman, Landscape Planner, gave a PowerPoint presentation and walked Council through the proposed changes. Council Member Weaver asked if the proposed changes in Code address trees and tree canopies, such Council is committed to a great tree canopy. She stated that residents may ask about green roofs and how to include similar items in the future. Council Member Ohms asked about the tree requirements. Ms. Gassman stated that ornamental trees are allowed, but they are looking for shade trees. Council Member Weaver stated that there is not enough room in some areas for shade trees. Goff offered to have a Study Session regarding trees and tree canopy. Council Member Ohms made a motion to adopt Council Bill No. 16-2024 – an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making conforming amendments therewith 5. Council Bill No. 17-2024 – an ordinance amending Sections 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same, on second and final reading and to take effect 15 days after final publication. It was seconded by Council Member Weaver. Council Comments Council Member Larson stated that he would not be supporting the Bill. He stated that the emphasis on non-traditional landscaping and devaluation of grass lawn.is.short- sighted and will have little impact on water-savings. He stated a tiered pricing structure would be preferred. He stated the ordinance would have little impact on water-conservation measures. Council Member Ohms stated that water conservation is of concern to him. He stated his constituents ask him how to conserve water. He believes the proposed changes to be thoughtful and will be impactful on the City. Council Member Hultin stated that water conservation is important to her. She feels that water issues will be the number one concern in the future. People moving into Wheat Ridge will know the values regarding resource conservation when they see the Code. Vote: 7 Ayes (Hultin, Dozeman, Ohms, Stites, Weaver, and Snell) 1 Nay. (Larson) The motion carried. 12. Council Bill No. 17-2024– an ordinance amending Section 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same Council Member Larson read the Issue Statement into the Record: Council Member Larson read the Bill and the Issue Statement into the Record. Issue In February 2021, City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs). Since that time, staff has worked to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and enforcing the codified regulations. Through the implementation of the program, both members of Council and staff identified necessary amendments to the Code to improve the STR program. This ordinance amends the Code based on direction received from City Council on June 3, 2024. Mayor Starker opened the public hearing. Deputy City Manager Alli Scheck spoke to the proposed amendments which came at the direction of City Council. There being no public comment, Mayor Starker closed the public hearing. Council Member Larson made a motion to adopt Council Bill No. 17-2024– an ordinance amending Section 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same, on second and final reading and to take effect 15 days after final publication. It was seconded by Council Member Ohms. Vote: 8 Ayes. 0 Nayes. The motion carried. ORDINANCES ON FIRST READING 13. Bond Ordinance 18-2024 – an ordinance authorizing the issuance by the City of Wheat Ridge, Colorado of its Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024; and providing other details in connection therewith Council Member Dozeman read the Ordinance and Issue Statement into the Record. Issue At the regular general election held on November 7, 2023, the electorate of the City approved ballot question 2J, which extended the one-half of one percent sales and use tax levied by the City and authorized the issuance of debt to finance City investment in capital improvement projects. Sales and use tax revenue bonds will be issued to finance the City investments, which requires approval of an ordinance by City Council. Council Member Dozeman made a motion to approve Council Bill 18-2024, an ordinance authorizing the issuance by the City of Wheat Ridge, Colorado of its Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, and providing other details in connection therewith on first reading, order it Council Action Form– Bond Ordinance August 16, 2024 Page 4 published, public hearing set for Monday, September 9, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect immediately. It was seconded by Council Member Ohms. Vote: 8 Ayes. 0 Nays. The motion carried. 14. Council Bill No. 19-2024 – an ordinance amending Title 19, Article IV of the Wheat Ridge Code of Laws concerning disposition of lost or abandoned property Council Member Ohms read the Bill and Issue Statement into the Record. Issue A discrepancy exists between Code sections 19-80 and 19-77 of the Wheat Ridge Code of Laws concerning the disposition of lost or abandoned property. To correct that discrepancy, the Wheat Ridge Police Department is requesting that Code section 19-80 be amended to render it consistent with Code section 19-77 and the standard operating procedures of the police department. Council Member Ohms made a motion to approve Council Bill No. 19-2024, – an ordinance amending Title 19 Article IV of the Wheat Ridge Code of Laws concerning disposition of lost or abandoned property on first reading, order it published public hearing set for Monday, September 9, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect fifteen (15) days after final publication. It was seconded by Mayor Pro Tem Stites Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 15. Resolution No. 40-2024 – a resolution amending the City’s administrative fine schedule to provide a fine schedule for short-term rental code violations Council Member Weaver read the Resolution and Issue Statement into the record. Issue City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Through the implementation of the program, both members of Council and staff identified the need for a Short-Term Rental (STR) fine schedule to facilitate code enforcement and compliance. This resolution is based on direction received from City Council on June 3, 2024, when Council asked staff to bring forth a fine schedule that reflected the commercial nature of the STR program. Council is asked to adopt this by Resolution as an amendment to the 2024 fee schedule that was presented as part of the budget. Ms. Scheck stated that after hearing from Council at a previous study session, Council requested an increase in the proposed fine schedule. Council Member Weaver made a motion to approve Resolution No. 40-2024 – a resolution amending the City’s administrative fine schedule to provide a fine schedule for short-term rental code violations. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. 16. Resolution No. 41-2024 – a resolution amending the 2024 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $200,000 for the purpose of accepting Congressionally Directed Spending for the Clear Creek Makerspace Phase II Project Council Member Snell read the Resolution and Issue Statement into the Record. Issue In 2023, staff submitted applications to Wheat Ridge’s Federal Delegation for $200,000 in Congressional Directed Spending (CDS) for the Localworks Clear Creek Makerspace Phase II Project. This project was recommended by Senator Hickenlooper and approved by Congress for Fiscal Year 2024. Goff gave a brief overview of the funding and project. Council Member Snell made a motion to adopt Resolution No. 41-2024 – a resolution amending the 2024 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $200,000 for the purpose of accepting Congressionally Directed Spending for the Clear Creek Makerspace Phase II Project. It was seconded by Council Member Hoppe. Council Comments Council Member Hultin thanked everyone who put it all the hard work to get the funding accomplished. Council Member Larson highlighted the project which consists of a business start-up to a full-scale manufacturing site. He thanked everyone for the efforts put forth to bring it to fruition. Council Member Ohms and Council Member Dozeman thanked all involved as well. Vote: 8 Ayes. 0 Nays. The motion carried. 17. Resolution No. 42-2024 – a resolution supporting the JeffCo Housing Blueprint, a collaborative plan to increase housing options that are affordable in Jefferson County and facilitate partnerships across jurisdictions and agencies within Jefferson County Council Member Hoppe read the Resolution and Issue Statement into the Record. Issue A 2022 Housing Needs Assessment Study commissioned by Colorado Gives Foundation (CGF) recommended convening key stakeholders across Jefferson County to explore strategic actions, develop partnerships, support county-wide housing efforts, and pursue additional state and federal resources. In response, CGF launched the Jeffco Housing Steering Committee in 2022 to create an innovate approach to housing throughout the county, focusing specifically on housing for residents earning 60-120% of the area median income. City Council is asked to endorse the Jeffco Housing Blueprint in support of the housing goals and strategies for Jefferson County. Goff gave a brief PowerPoint presentation explaining the shortage of housing options regarding affordable housing in JeffCo. He stated that Mayor Starker and he are both on the Executive Steering Committee. He reviewed the Affordable Housing Blueprint put together by the Committee and the three pillars of policy regarding the regional collaboration. Working together regionally will hopefully help reduce the housing crisis. He asked Council for their endorsement of the Blueprint and the ongoing project. Council Member Hoppe made a motion to adopt Resolution No. 42-2024 – a resolution supporting the JeffCo Housing Blueprint, a collaborative plan to increase housing options that are affordable in Jefferson County and facilitate partnerships across jurisdictions and agencies within Jefferson County. It was seconded by Mayor Pro Tem Stites. Council Comments Council Member Dozeman stated that she appreciates the cross-collaboration of the agencies, and the effort will hopefully help new homeowners in the community. Council Member Larson stated he appreciates the hard work put into this project. He pointed out that if Colorado can revise their construction defect laws, it will go a long way toward affordable housing for the middle-income persons. Vote: 8 Ayes. 0 Nays. The motion carried. 18. Resolution No. 43-2024 – a resolution in support of the ballot measure to continue RTD’s authorization to collect, retain and spend revenues from all sources, without imposing any new tax or increasing any tax rate, as originally approved by voters in 1999 Council Member Hultin read the Resolution and Issue Statement into the Record. Issue The RTD Board has referred a ballot measure to the November 5, 2024, election to exempt RTD from any future Taxpayer’s Bill of Rights (TABOR) revenue limitations. Board Director Marjorie Sloan has requested an endorsement from the City of Wheat Ridge is support of this ballot measure. Goff stated that if this measure does not pass, RTD will have to return approximately $200 million and there will be great difficulty in figuring out how it gets refunded. Council Member Hultin made a motion to adopt Resolution No. 43-2024 – a resolution in support of the ballot measure to continue RTD’s authorization to collect, retain and spend revenues from all sources, without imposing any new tax or increasing any tax rate, as originally approved by voters in 1999. It was seconded by Council Member Ohms. Vote: 8 Ayes. 0 Nays. The motion carried. 19. City Manager’s Matters None. 20. City Attorney’s Matters None. 21. Elected Official’s Matters Council Member Snell recognized Jefferson Center as a great resource in Jefferson County She also reminded everyone to drive safely through school zones. Council Member Hultin also recognized Jefferson Center for their work in Jefferson County. She also reminded everyone that Happyness Gardens has a workday on Tuesday. She also talked about an upcoming garden tour on September 7th. Council Member Larson reminded everyone to not litter and pick up after their pets. Council Member Dozeman spoke to the Wine Walk along 38th Avenue, which highlights several of the local businesses and artwork. She reported that she participated in Leadership; Jefferson County and spoke about the amazing leaders in Jefferson County and was in awe of leaders in the community. Council Member Weaver reported that on September 7th at her farm, Commander Lucas Hunt will be talking about evacuation of large animals during an emergency. Council Member Ohms asked if staff could contact CDOT regarding the light at Kipling and 38th Avenue. It doesn’t have a green arrow and there are a lot of accidents. He stated that he is proud of working with this City Council. Mayor Pro Tem Stites thanked everyone who spoke tonight and thanked a resident for opening her home and gardens for a civic association after-hours event. LocalWorks is hosting an event this Thursday at Moonlight Café. He reminded everyone to buy locally in Wheat Ridge. Mayor Starker thanked everyone who came and expressed their views at the meeting. He thanked Council for supporting the Housing Blueprint and for supporting the RTD ballot question. He stated there will not be a Council meeting next Monday due to the Labor Day Weekend. 22. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 9:03 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem