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HomeMy WebLinkAbout09-23-2024 - City Council Meeting MinutesCity Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  SEPTEMBER 23, 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, Korey Stites, Janeece Hoppe, Dan Larson, Amanda Weaver (via Zoom) and Leah Dozeman Absent: None. A quorum was established. Also present: City Manager Patrick Goff, City Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Parks and Recreation Director Karen O’Donnell, Sr. Deputy City Clerk Margy Greer, other staff, guests and interested members of the public.  4. Approval of Minutes August 26 City Council Meeting Minutes (amended to correct a misspelled word) September 9 City Council Meeting Minutes September 9 Special Study Session Notes September 16 Study Session Notes Without one correction, the Minutes and Notes were accepted as presented. 5. Approval of Agenda Council Member Dozeman made a motion to remove Item 4 – Resolution No. 46-2024, a Resolution expressing support for Jefferson County ballot measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increases taxes. It was seconded by Council Member Larson. Council Comments Council Memberf Dozeman stated that Council held a recent study session in which Council decided to create a legislative committee wherein Council would be discussing state legislation which they would support or oppose. She stated that “de-Brucing” has been divisive and it’s a very complex issue which doesn’t pertain to the City of Wheat Ridge. She stated that the City is also running a couple of ballot questions which deserve the Council’s time and energy, and she stated she would not like to create division by adopting this resolution now. Council Member Hultin stated that setting up a council committee was more to address legislation and process wherein the Council has an opportunity to influence what legislation goes up for a vote and ultimately up for a signature of the Governor. Ballot initiatives are a different category, as they have been referred to the ballot. While it is said that it doesn’t affect Wheat Ridge’s constituencies, she stated it actually does. Many of the budget items from the County impact things like jail space and other issues that affect quality of life. She stated she would be supporting to keep the resolution on the Agenda. Council Member Hoppe stated that she agreed with Council Member Hultin’s comments. She stated that the City’s partnerships with the County are sometimes very different than City’s partnerships at the State level. She stated this is different than the legislative group the Council will be putting together. She stated she would vote no, in favor of keeping this item on the Agenda. Vote: 2 Ayes (Larson and Dozeman). 6 Nays. (Hultin, Ohm, Stites, Hoppe, Weaver, and Snell) The motion failed. PROCLAMATIONS AND CEREMONIES 6. National Community Planning Month Mayor Starker proclaimed October 2024 National Community Planning Month and presented the Proclamation to Community Development Director Lauren Mikulak, Planning Commissioner Dan Graeve, and staff members Jana Easley, and Tammy Odean. 7. Breast Cancer Awareness Month Mayor Starker proclaimed October 2024 Breast Cancer Awareness Month and presented the Proclamation to Intermountain Health representatives Stacey Jensen and Janette O’Brien. 8. National Domestic Violence Awareness Month Mayor Starker Proclaimed October 2024 National Domestic Violence Awareness Month and Council Member Janeece Hoppe, a Board Member of Porchlight Justice Center, on behalf of the Mayor and City Council, read the proclamation and presented it to Porchlight Family Justice Center’s Executive Director Candice Coolidge. 9. Public’s Right to Speak Wheat Ridge Speaks: Item No. 4 - Resolution - Jefferson County Ballot Measure 1A Beverly Sloan Wheat Ridge Resident I strongly support Jeffco 1A. Let's stop choking city and county budgets with Tabor. 10. Consent Agenda None. 11. Public Hearings and Ordinances on Second Reading None. ORDINANCES ON FIRST READING 12. Council Bill No. 20-2024 – an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail businesses Council Member Hoppe introduced the Bill and read the Issue Statement into the Record. . Issue The Code prohibits tobacco product retailers from operating within 1000 feet of a youth-oriented facility (such as schools, parks, recreation facilities, etc.). The “grandfathering" clause of Code section 11-534(d) nevertheless exempts those retailers who were in place on the effective date of Ordinance 1710 Series 2021, which created the 1000-foot limit. However, if that retailer sells the business, the buyer of the business is not eligible for the grandfathering protection of that Code section. Council Member Hoppe made a motion to approve Council Bill No. 20-2024, an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retailing businesses, order it published, public hearing set for Monday, October 14, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 13. Resolution No. 44-2024 – a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $220,000 for the purpose of issuing a contract for professional services to Anderson Hallas Architects in an amount not to exceed $220,000 and approving subsequent payments for a City Facility Feasibility and Planning Study Council Member Ohm introduced the Resolution and read the Issue Statement into the Record. Issue In 2023 and 2024 the city developed a Facilities Master Plan (FMP) to assess the city’s space needs for existing and projected facility requirements. Key findings of the FMP include space deficits within most buildings related primarily to recent and projected staff growth and to shortfalls in various functional and operational areas. Due to the potential re-use of the Lutheran medical site, staff felt that it was important to proceed with additional analysis and planning at this time. Two proposals were received from architectural firms in response to a Request for Proposals. site. Staff recommends entering into a contract with Anderson Hallas Architects in the amount of $216,864 with a contingency amount of $3,136 for a total, not-to-exceed amount of $220,000. Maria D’Andrea, Director of Public Works, stated that in order to keep the momentum going with the Facilities Master Plan, this would be the next step in potentially working with a new developer at the Lutheran site to have new city facilities. Council Comments Council Member Hultin asked about the energy-efficient and sustainability ability options which are currently or may be available in the future. She stated that there are tax credits and investment programs which the City should be eligible for. Maria D’Andrea stated that they will be looking into those options, saying that there are different options depending on whether it is new construction or re-use of an existing buildings. The cost will be considered when looking at the options. D’Andrea stated that the timeline is tight, but the City is still on schedule for first or second quarter of next year. Council Member Larson asked if the ballot initiative were to fail, how it would impact the Plan. City Manager Patrick Goff stated that it should not have any impact on what the City is looking at doing, which is the re-use of the north tower of the hospital which is 91’ and it will be grandfathered in if it is not torn down. The November ballot does not affect the potential re-use of the facility by the City. Council Member Ohm asked if there was information on the environmental impact. D’Andrea stated that it may be the next step after this resolution. A potential Phase I Environmental Assessment may be done. She stated that right now, they are investigating the mechanical, electrical, and plumbing and other elements within the building. Council Member Ohm made a motion to approve Resolution No. 44-2024, a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation in the amount of $220,000 for the purpose of awarding a contract and approving subsequent payments in the amount of $216,864 with a contingency amount of $3,136 for a total, not-to-exceed amount of $220,000 to Anderson Hallas Architects for a City Facility Feasibility and Planning Study. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 14. Resolution No. 45-2024 – a resolution approving an Intergovernmental Agreement with Jefferson County School District concerning shared use of Stevens Elementary School parking lot Council Member Hultin introduced the Resolution and read the Issue Statement into the Record. Issue As part of the City’s Green at 38th project to create a public gathering space between Stevens Elementary and 38th Avenue, the Jefferson County School District (the District) conveyed a portion of the site including the school parking lot to the City in consideration for the construction of a new parking lot. As a condition of conveying the site, the City and the District agreed to enter into this agreement for the shared use of the District parking lot and to minimize disruption to school operations from activities at the site. Council Member Hultin made a motion to approve Resolution No. 45-2024, a resolution approving an Intergovernmental Agreement with Jefferson County School District concerning shared use of Stevens Elementary School parking lot. It was seconded by Council Member Ohm. Council Member Ohm stated she hope Vote: 8 Ayes. 0 Nays. The motion carried. 15. Resolution No. 46-2024 – a resolution expressing support for Jefferson County ballot measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increasing taxes Council Member Snell introduced the Resolution and read the Issue Statement into the Record. Issue Resolution No. 46-2024 expresses the City of Wheat Ridge's support for Jefferson County Ballot Measure 1A, which aims to permanently eliminate Taxpayer Bill of Rights TABOR) revenue restrictions, allowing the county to retain and spend all collected revenue. If passed, Measure 1A would eliminate the need for Jefferson County to issue TABOR refunds and would enable the county to dedicate these funds toward transportation, infrastructure, and public safety. Council Member Snell made a motion to approve Resolution No. 46-2024, a resolution expressing support for Jefferson County Ballot Measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increasing taxes. It was seconded by Council Member Hoppe Council Comments Council Member Larson stated that he would not be supporting the resolution. He stated the question had been put before the voters twice before and it was rejected both times. There is some question regarding the marketing firm, which was brought in, and the ballot measure is too vague as to what the County will be doing with the funds. Council Member Dozeman agreed with Council Member Larson. She said the biggest issue she has is that is would permanently eliminate the Tabor revenue restrictions. The measure has been voted own in the past. She stated she agreed that the City has a relationship with Jefferson County and use some of their services, but we as a City have to pass a balanced budget and prioritize things and does not want to see a permanent elimination of TABOR. She stated this is an extremely divisive issue and Council needs to have unity on the local ballot initiative and Council should be concentrating on that. Council Member Hultin stated that Jefferson County is only one of two or three in the State which has not “de-Bruced” and it’s not an unusual thing to do. She stated she believes it creates more budget stability for the county. She stated she would be supporting it so that the county has more consistency with the services they provide. Vote: 6 Ayes (Hultin, Ohm, Stites, Hoppe, Weaver, and Snell) 2 Nays. (Larson and Dozeman). The motion carried. 16 Motion to approve a Professional Services Agreement with EVstudio, in an amount not to exceed $81,800 with a 10% contingency of $8,180 for a total of $89,980, to provide design services for the Clear Creek Crossing Bus Terminal Project Council Member introduced the Motion and read the Issue Statement into the Record. Issue Construction of a bus terminal at the Clear Creek Crossing development will allow RTD to reestablish Routes 28 and 32, west of Wadsworth Boulevard, along 26th and 32nd Avenues. The Public Works Department solicited and evaluated proposals from five firms. Staff is recommending that the city enter into a contract with EVstudio for project design. The fee amount was negotiated with EVstudio and includes a 10% contingency to address minor changes that may arise during the design process. Council Comments Council Member Larson stated that this would establish a bus terminal on the hospital campus and asked what else it would provide. Goff stated that it would provide a relief station for the drivers, which is required in order to get the bus lines back. Maria D’Andrea explained that the terminal is at grade and there is nothing real structural. The three bays for the three buses may require a small amount of right-of-way. She stated they hope to finish design early spring and have it out for construction next summer. Council Member Hultin recognized the City leadership in providing what is needed to get the bus lines back. The bus lines will help serve the community by getting workers to the hospital, provide opportunities for people who live in the Clear Creek development, and help the students with getting to school. She thanked staff for their forward thinking on this matter. In answer to Mayor Starker’s question about the restrooms, D’Andrea explained that the facilities will be connected to the main facility and will be fully equipped. Council Member Ohm asked about the responsibility regarding bus shelters. D’Andrea stated that RTD provides shelters based on ridership. Many are provided by RTD around the City, and some belong to the City. Council Member Weaver made a motion to approve an agreement with EVstudio, in an amount not to exceed $81,800 with a 10% contingency of $8,180 for a total of $89,980, to provide design services for the Clear Creek Crossing Bus Terminal Project. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 17. City Manager’s Matters No report. 18. City Attorney’s Matters No report. 19. Elected Officials’ Matters Mayor and Council reported on recent events, other activities and events in the Wheat Ridge community. 20. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 7:36 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem