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CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29™ AVENUE, MUNICIPAL BUILDING
June 13. 2016
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Monica Duran
Zachary Urban
Tim Fitzgerald
George Pond
Kristi Davis
Larry Mathews
Janeece Hoppe
Absent: Genevieve Wooden
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Treasurer, Jerry
DiTullio; City Manager, Patrick Goff; Police Chief, Daniel Brennan ; Park Director, Joyce
Manwaring; Public Works Director, Scott Brink; Administrative Services Director, Heather
Geyer: other staff, guests and interested citizens.
APPROVAL OF MINUTES OF the Regular Meeting May 23, 2016 and Study Session
Notes of May 16, 2016
Councilmember Hoppe noted an error in the May 16 Study Session Notes, pointing out
where Councilmember Urban's design was incorrectly referred to as her design. Clerk
Shaver reported she had already been made aware of that and would be correcting it.
There being no objection, the Minutes for May 23, 2016 and Study Session Notes of May
16, 2016 were approved as corrected.
PROCLAMATIONS AND CEREMONIES
Parks and Recreation Month
Mayor Jay read a proclamation declaring July 2016 as Parks and Recreation Month.
Joyce Manwaring was present to receive the proclamation. She announced that in
celebration of Parks & Recreation Month the department has created a Top 20
Countdown to Summer Play List. She displayed a new brochure that lists all our parks,
has a list of 20 fun activities to do in each park, and a map of the parks. They will be
available July 151 at the Rec Center, the outdoor pool, the Active Adult Center and City
Hall.
Police Department Award to Holiday Inn Express. Vince Hodges
Police Chief Daniel Brennan presented Vince Hodges with a Citizen Award. The Chief
read a letter explaining the circumstances. On the night of June 25, 2015 a minor traffic
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accident occurred at 1-70 Frontage West and Kipling involving a motorcycle and a utility
truck. The accident itself was minor, but the utility truck fled - driving over the motorcycle
and its rider, crushing the motorcycle and causing severe injury to the rider. Eye
witnesses provided a description of the truck but no license plate. The investigation was
not producing anything until Officer Taggert contacted Mr. Hodges, the manager of
Holiday Inn Express, who provided security camera footage that identified the truck in the
Holiday Inn lot shortly before the accident. Over the next week Mr. Hodges reviewed his
video archives and located footage of the truck arriving and leaving the parking lot shortly
before the accident, as well as security film identifying the driver as he walked through
the halls. Mr. Hodges also provided information on the company that rented the driver's
room for several weeks. Using that lead Officer Taggert was able to locate the truck,
identify damage to the truck consistent with the accident, and identify the driver of the
truck. The case went to a jury trial. Mr. Hodges testified and documented his
contribution, and the suspect was convicted on all counts. For his outstanding
cooperation and collaboration which was instrumental in solving this case and bringing
justice to the victim, Chief Brennan presented Mr. Hodges with a Citizen Award, thanked
him and presented him with a Police Department Challenge Coin.
CITIZENS' RIGHT TO SPEAK
Katie Jacobson (WR) expressed her concern about a 3% story house being built near
hers by the same builder who built a similar house in the area. She appreciates
revitalization efforts but is disappointed that our current zoning allows a 35 foot, 3% story
house to be built 20 feet from the street and five feet from the alley. Her neighborhood is
made of small, single-story homes that lose their privacy when these massive houses
tower closely over them. She understands people want more square footage, but there
needs to be a balance. She asked that Council consider new neighborhood zoning
standards around lowering maximum height allowance. She provided copies of her
comments and pictures to the Council.
Carol Mathews (WR) had further comments about the negative aspects of ADU's. The
Neighborhood Revitalization Study lists negative conditions that weaken our City,
including renters replacing owners, houses becoming apartments, weak renters replacing
strong renters, more absentee ownership and poor quality multifamily property
management. Strong households are being replaced by weaker households and our
economic structure suffers. She believes adding more rental properties into R-1 areas
will further weaken our City. Lakewood and Arvada have strengthened their communities
by adding rental regulation programs and new R-1 housing. She believes we too should
strengthen our City by having a rental inspection program, increasing code enforcement,
and bringing up slipping standards. No ADU 's.
Britta Fisher (WR) On behalf of the Local Works board, staff and volunteers, and the
Ridge at 38 Leadership Committee she thanked the Mayor, Council, city leadership and
citizens for the outstanding Criterium and Brewfest. She reported that 6,000 people
attended - noting amazing racers, good support, and front yard parties. Racers like the
venue here and she thanked neighbors for their patience and the businesses that were
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open. She gave history of the event which built on our heritage of racing. In just three
years we have grown to a state championship. She thanked the police, public works, City
staff for being great partners and those who helped to make it a Brewfest - which really
paid off in a lot more people attending. Twelve breweries were here.
APPROVAL OF AGENDA
1.:.
CONSENT AGENDA
a) Motion to approve payment to Independent Roofing Specialists LLC in the not
to exceed amount of $37, 125 for replacement of a portion of the City Hall Roof
[Active leaking above Court section; budgeted item; 20-year warranty]
b) Motion to approve payment to Aquatic Chemical Solutions, Inc. in the not to
exceed amount of $58,889 for indoor pool improvements [Replace original,
unrepairable frog slide and leisure pool gutter grates; budgeted; lottery funds]
c) Resolution No. 25-2016 - awarding a contract to Diaz Construction Group in
the amount of $37 ,250 for the purpose of Drainage Improvements to Hayward
Park and amending the Fiscal Year 2016 Open Space Fund Budget to reflect
the approval of a Supplemental Budget appropriation in the amount of $50,000
for drainage and other repairs to the Hayward Park Playground [Fix
playground drainage; install fall surface; replace concrete; unbudgeted]
Councilmember Davis introduced the Consent Agenda.
Motion by Councilmember Davis to approve the Consent Agenda; seconded by
Councilmember Pond;
Councilmember Mathews asked what has changed since 2002 to cause drainage
problems for the Hayward Park playground. Ms. Manwaring said staff isn't sure. This
site has a high water table and it's gotten higher. This area just no longer drains -- at all.
Motion carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
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Council Bill 09-2016 -An Ordinance amending the Wheat Ridge Code of Laws
pertaining to interest of delinquent taxes, exemption of fundraising sales, and
licensing requirements for events
Councilmember Duran introduced Council Bill 09-2016.
The three proposed amendments are:
1) Interest on Delinquent Taxes The 1% per month interest on past due taxes would
be capped at 18% and a waiver would be permitted by the Treasurer or designee
to a floor of 6%.
2) Limited Exemption of Fundraising Sales Tax for Exempt Organizations Exempt
sales and admission charges by charitable or non-profit organizations up to $5,000
per transaction and total of $25,000 per calendar year.
3) Reduced Licensing Requirement for Events Primarily to provide exemption from
the temporary license fee and tax deposit for small City-sponsored events which
have low level of sales, and for non-profits and charities. Retains the license fee
and tax deposit for produce stands, farmers' markets, Christmas tree lots, and
door-to-door solicitors and peddlers.
Clerk Shaver assigned Ordinance 1597.
Mayor Jay opened the Public Hearing.
Treasurer DiTullio summarized what Council had agreed on -- 6% is the floor, 18% is the
ceiling. Mr. Dahl noted an error in the 1st Reading version had been corrected.
Councilmember Hoppe noted that the negotiation process includes the City attorney's
office, the City treasurer, and two staff members. The goal is to get as much tax for the
City as possible, but not put a business in the hole for delinquency. It is not a one-on-one
negotiation; it happens with a group.
Councilmember Fitzgerald elaborated on his concern that an elected official has power in
a secret meeting to forgive interest in non-payment of taxes. He believes it creates the
impression of impropriety and the appearance of a quid pro quo. Since the hearing is a
private meeting the public has no way to know.
Motion by Councilmember Fitzgerald to amend the ordinance to have the tax department
make the decision on forgiveness of interest. The motion died for lack of a second.
Treasurer DiTullio reported that these hearings are confidential by statute and federal
law; they are not secret. They are attended by the City Attorney's staff, City staff, the
Treasurer and the applicant. He held that it would be hard to arrive at any quid pro quo.
He will be getting Council the report they requested on the last three years of hearings
with the dollar amounts.
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Councilmember Duran had the Treasurer repeat who was in the hearing. Mr. DiTullio
added that the hearing is a last resort before going to court - if the business owner
disagrees. The City staff does the audit and comes up with the amount; the Treasurer is
actually an unbiased third part, with consultation from the City Attorney's office. He
advised that this ordinance actually cleans up the code and provides a ceiling to protect
the business owner and a floor so it can't all be waived.
There was no public comment.
Mayor Jay closed the Public Hearing.
Motion by Councilmember Duran to approve Council Bill 09-2016, an ordinance
amending the Wheat Ridge Code of Laws pertaining to interest of delinquent taxes,
exemption of fundraising sales, and licensing requirements for events, as amended, on
second reading and that it take effect fifteen (15) days after final publication; seconded by
Councilmember Hoppe; carried 7-0.
ORDINANCES ON FIRST READING
3. Council Bill 10-2016 - amending Sections 11-218, 11 -293, 11-404, 11-415, 26-204
and 26-640 of the Wheat Ridge Code of Laws to adopt Regulations Governing
Medical Marijuana Testing Facilities
The proposed bill defines and authorizes the licensing of medical marijuana testing
facilities and the licensing of co-located medical and retail marijuana testing facilities in
the City of Wheat Ridge.
Councilmember Pond introduced Council Bill 10-2016 and proceeded to the motion.
Motion by Councilmember Pond to approve Council Bill 10-2016, an ordinance
amending Sections 11-218, 11-293, 11-404, 11-415, 26-204 and 26-640 of the Wheat
Ridge Code of Laws to adopt Regulations Governing Medical Marijuana Testing Facilities
on first reading , order it published , public hearing set for Monday, June 27, 2016 at 7:00
p.m. in the City Council Chambers, and that it take effect 15 days after final publication;
seconded by Councilmember Duran; carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
4. Motion to approve a contribution to the Wheat Ridge Business District in the
amount of $45,000 for the Matching Grant Program
The matching grants are available to businesses for fa9ade and sign improvements,
accessibility improvements, exterior paint and landscaping improvements.
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Councilmember Urban introduced Item No. 4.
Britta Fisher from Local Works, who manages the program, was available for questions,
but there were none.
Councilmember Davis praised the program and encouraged businesses to take
advantage of it.
Motion by Councilmember Urban to approve a contribution to the Wheat Ridge Business
District in the amount of $45,000 for the Matching Grant Program; seconded by
Councilmember Hoppe; carried 7-0.
CITY MANAGER'S MATTERS
Mr. Goff remind citizens to steer away from Clear Creek; the water is very high and
continues to rise. Discussion followed . - Mr. Goff reported that the City has again won
the Distinguished Budget Presentation Award and congratulated Heather Geyer and her
staff for their hard work. - He also reported that RTD will begin testing the light rail
soon. Specific dates will be on the website.
CITY ATTORNEY'S MATTERS
none
ELECTED OFFICIALS' MATTERS
Treasurer Jerry DiTullio read a memo announcing a recent resolution he signed in
response to taxpayer feedback. Effective July 15, 2016 all sales and use tax bills will be
rounded to the nearest dollar. He said it will speed up and simplify on-line filing . - He
also distributed the sales tax audit report for the last three years that Council requested.
Clerk Janelle Shaver reminded people they can drop off their primary election ballots at
the drop box in front of City Hall or in the ballot box in the lobby. - She also
acknowledged the passing of long time community member Ray Valente. He passed
away May 6 at the age of 91. He owned and operated Valente's restaurant for 44 years
and Marc's for 18 years. He was a very generous man - providing food for funerals and
never charging. He was a good man who never met a stranger and was often seen
around town driving his maroon El Camino. Condolences to his family; he will be missed .
Mayor Jay paid tribute to the victims and families of the horrible killing spree in Orlando.
Kristi Davis announced she will be missing the meeting on June 271h , but offered her
support for looking at code changes that Ms. Jacobson mentioned . - She thanked the
volunteers and staff for their work on the Criterium. It was a lot of fun .
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Zach Urban advised he will miss the study session on June 201h as he will be in
Washington DC attending the advisory committee meeting of the Office of Housing
Counselling.
Janeece Hoppe noted that Family Tree celebrated its 401h year in our community, and for
their celebration the Police Department donated a use of force shooting simulator training
for 6 people which raised $1500. She thanked the Police Department; it was very
popular in the live auction.
ADJOURNMENT
The Regular City Council Meeting was adjourned at 7:53 pm.
NOTE: A break was taken and the City Council reconvened for a Special
Study Session. For notes see Special Study Session June 13, 2016.
APPROVED BY CITY COUNCIL ON June 27, 2016
George Pond, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions.