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HomeMy WebLinkAbout12.02.24 - Study Session NotesCITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting December 2, 2024 1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Dan Larson, Janeece Hoppe, and Rachel Hultin, Leah Dozeman, and Amanda Weaver. Absent: None Also present: Community Development Director Lauren Mikulak; City Attorney Gerald Dahl, Police Chief Christopher Murtha; and Division Chief Eric Kellogg. 3. Public Comment None. a) Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. Adoption of the 2024 Model Traffic Code Police Chief Chris Murtha and Division Chief Eric Kellogg presented the issue to City Council. Chief Murtha stated that the Department worked with the Department of Law regarding each and every section of the Code. The Model Traffic Code is followed throughout the State and may be added to by Council. Issue: - Due to the significant mobility of today’s traffic and the influx of motorists from many areas, every driver has a right to expect the rules governing the movement of vehicles and pedestrians on streets and highways are clearly defined and reasonably uniform throughout the state and the nation. The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic laws, and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations.” (Model Traffic Code for Colorado 2024-Colorado Department of Transportation) The City of Wheat Ridge is bound by the laws and guidance of the State of Colorado and as such, we are required to periodically review the City of Wheat Ridge Municipal Traffic Code to ensure conformance with the state mandate as a subservient or secondary traffic management plan to the State of Colorado Traffic Ordinances. The Wheat Ridge Police Department periodically reviews the City of Wheat Ridge Municipal Code to align with state traffic code changes and ensure consistency across all Colorado roads. The newest version of the Colorado Model Traffic Code was adopted and installed in 2024. The updated Model Traffic Code re-enforces and provides additional guidance and resources to serve more comprehensively those who use the roads in Colorado as well as those who utilize the roads within Wheat Ridge. The newest guidance, changes, and updates along with the addition of new technology and resources will allow Wheat Ridge employees (Police and Courts) to address emerging trends and driving behaviors that have become problematic within Wheat Ridge. The addition of new vehicle technology, cultural attitudes, and intentions was the impetus of many of the changes in the 2024 Model Traffic Code. The ability to address more comprehensively those driving behaviors and trends allows Wheat Ridge employees the opportunity to ensure our community safety and advance the city’s core values with persons using the roads within the Wheat Ridge community. Division Chief Kellogg stated that it was a lengthy process reviewing the current Wheat Ridge Code to ensures that it aligns with this new Model Traffic Code. There is one deletion from the current Code which will need to be made to align with the Model Traffic Code. There are nuances regarding e-bikes, hands-free phone usage, minor fee changes, levels of automation for vehicles, and minor changes regarding commercial motor vehicle technology. a) Council Comments • Council Member Hoppe asked if a redline version of the current ordinance could be included with the first reading ordinance. She asked about scooter use in bike lanes and multi-purpose trails regarding kids trying to get to school. Kellogg stated that they currently are not enforcing many of those rules due to the kids needing to get to school. He explained that speed difference in the Class I, II and III e-bikes and as they become more common, he stated enforcement would be needed. • Council Member Hultin stated that identifying the differences in classes of e-bikes is difficult and therefore enforcing reasonable speed limits is more uniform. She stated that she believes the Class II e-bikes are more of a safety issue. She stated they should be regulated like a moped rather than a bicycle. Chief Murtha spoke to the prioritization of enforcement regarding traffic issues. • Council Member Weaver stated that there is a lot of misunderstanding on what people can drive where and suggested installing signage or letting people know in another matter. Chief Murtha stated that education will be a large part of rolling out the new ordinance. • Council Member Larson asked about cell phone usage and what would be considered a violation. Kellogg stated that the idea is that there will be no cell phone in anyone’s hands moving forward. The intent is to have both hands on the wheel. • Council Member Ohm stated that the heavy bikes going fast is a liability since there is no license or insurance requirements. Kellogg stated that this version of the Model Traffic Code does not address those issues; however, legislators are aware of the issues and will be addressing them in the future. • There was general consensus to move forward with an ordinance adopting the 2024 Model Traffic Code. 5. Natural Medicine Regulation City Attorney Jerry Dahl reviewed the Memo which was included in the Agenda Packets. A municipality cannot disallow but time, place and manner of the places of therapy can be regulated. Licensing of these facilities may include detailed regulations. He reviewed the options available to Council. Issue: - The Colorado General Assembly has recently enacted Senate Bill 23-290, codified at CRS 44- 50-101, creating a regulatory structure for the operation of licensed facilities for the supervised use of natural medicines by individuals aged 21 and over. The Act creates a state agency responsible for licensing and registration of facilities and related businesses that provide for the use, cultivation, manufacture, and testing of these substances. Further, the state licensing authority will not issue licenses for any building which is within 1000 feet of a childcare center, preschool, elementary, middle, junior high school, or residential childcare facility. While the state statute does not require local governments to enact any local regulations of natural medicine businesses, the City has the authority to do so, and several municipalities across the state have chosen to enact various forms of regulation, while other communities have decided not to. Under the Act, the City may regulate the time, place and manner of the operation of healing centers licensed by the state but may not prohibit the uses entirely. The City may not prohibit licensed health care facilities or individuals from providing natural medicine services within the City, nor may it prohibit the transportation of natural medicine on public roads within the City. Finally, according to the Act, the City may not impose regulations that are “unreasonable or in conflict with the [Act].” Dahl reviewed the options available to City Council and spoke to what other cities are currently doing and the ordinances they have put in place. Community Development Director Lauren Mikulak distributed a map showing the schools and licensed daycares located in Wheat Ridge with the 1000-foot separation shown by a buffer zone. It also showed all commercial, industrial, and mixed-use zoning in Wheat Ridge, which allow medical office uses. a) Council Comments • Council Member Hoppe stated it is being regulated by the State well and further regulation/licensing is not needed by the City. • Council Member Weaver stated that since it is a therapeutic use, she would like to see it in the same zoning as medical office buildings. • Council Member Ohm stated he would be in favor of having a cap on the number of facilities and hold a lottery similar to marijuana. • Mayor Pro Tem Stites stated that he liked the zoning map as presented and keeping the natural medicine as part of the medical zoning. He also suggested regulating the time of operation similar to other therapists. He stated the state could handle the licensing aspect and the City should provide zoning per the map which was distributed. • Council Member Hultin stated that she likes the zoning aspect of it as presented in the map and supports a 7:00 pm closing time. • Council Member Dozeman stated she agreed with regulating by zoning. A business license (not a specialty license) would still be required by the City. She also agreed with typical therapy business operating hours. • Council Member Hoppe stated that the State is stringent regarding these businesses, and she would be in favor of regulating the businesses by zoning. • City Attorney Dahl answered questions from Council Member Larson regarding an existing law wherein therapist may provide the product at no cost to the client. Dahl explained that the law does not prohibit the State or the City from regulating the time, manner, and place in which the therapy takes place. • There was consensus from City Council to move forward with regulating the therapists through the zoning as shown on the map, which was distributed, with the exclusion of parks. 6. Unclaimed Property City Attorney Jerry Dahl stated he simply wanted to notify the City of a letter received from the State Treasurer’s Office regarding the need and manner in which unclaimed property is to be reported. The City currently has an ordinance on the books which speaks to many of the items in the letter. However, a few minor changes will need to be made to the Wheat Ridge ordinance. Council was in agreement to move forward with amending the ordinance as outlined by the City Attorney. 7. Staff Reports None 8. Elected Officials Reports Mayor and Council Members thanked staff for their hard work on the reports presented, spoke to the various events, activities, and meetings they attended over the past weeks. Adjournment Mayor Starker adjourned the meeting at 8:13 pm. Margy Greer, Sr. Deputy City Clerk Korey Stites, Mayor Pro Tem