HomeMy WebLinkAboutVirtual City Council Meeting Agenda 11-09-20AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 09, 2020
7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on
November 9, 2020) 2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code: 962 0642 1779 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view
4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to
access City Hall during the meeting to view the meeting and provide public comment
if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms.
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance.
CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Wheat Ridge 101 Graduate Recognition
Small Business Saturday Proclamation
Veterans Day Recognition APPROVAL OF MINUTES
Study Session Notes of October 19, 2020; City Council minutes of October 26, 2020 and
Special Study Session Notes of October 26, 2020
CITY COUNCIL AGENDA: November 9, 2020 Page -2-
APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK
a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes
under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or
Motion may speak when directed by the Mayor at the conclusion of the staff report
for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge
Speaks are considered part of the public record.
1. CONSENT AGENDA a. Motion to approve monthly payments to Kaiser Permanente for January through December 2021 membership billing not to exceed a total amount of $2,600,000
b. Motion to award a contract to Seven Point Construction, of Centennial Colorado, in the amount of $329,255 for safety and other improvements to City Hall and approve a 5% contingency in the amount of $16,463 for unforeseen project expenses
c. Motion to adopt the 2021 City Council Meeting Calendar d. Motion to cancel the November 23, 2020 and December 28, 2020 Regular business meetings of the Wheat Ridge City Council due to the Thanksgiving and
Christmas holidays e. Resolution No. 56-2020 - a resolution approving an amendment to the intergovernmental agreement with Jefferson County for CARES Act local government distributions
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 19-2020 - an ordinance approving the rezoning of property located at the southeast corner of W. I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP)
3. An ordinance repealing ordinance 1691, Series 2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS
4. Motion to Elect Mayor Pro Tem
CITY COUNCIL AGENDA: November 9, 2020 Page -3-
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
PROCLAMATION SMALL BUSINESS SATURDAY NOVEMBER 28, 2020 WHEREAS, Small Business Saturday is a day dedicated to supporting small
businesses and communities across the country. Founded by American Express in 2010, this day is celebrated each year on the Saturday after Thanksgiving; and
WHEREAS, since it started in 2010, consumers have reported spending an estimated $120 billion across all 10 Small Business Saturdays combined; and
WHEREAS, 77% of consumers who are aware of Small Business Saturday said
it inspires them to shop small throughout the year, not just for the holiday; and WHEREAS, 66% of consumers reported the main reason they support small businesses is because of their contribution to the community; and
WHEREAS, the most reported reason why consumers are aware of Small
Business Saturday, is a day to shop and dine at independently-owned businesses and to support their community; and WHEREAS, the City of Wheat Ridge, Colorado supports our local small
businesses that create jobs, boost our local economy and preserve our communities;
and NOW THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, Colorado
do hereby proclaim, November 28, 2020, as:
SMALL BUSINESS SATURDAY Encouraging residents of our community, and communities across the Country, to support small businesses and merchants on Small Business Saturday and throughout
the year.
IN WITNESS THEREOF on this 9th day of November 2020.
__________________________
Bud Starker, Mayor
________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION VETERANS DAY IN HONOR OF THOSE WHO HAVE SERVED OUR COUNTRY NOVEMBER 11, 2020
WHEREAS, On the eleventh hour of the eleventh day of the eleventh month in the year 1918, an armistice between Germany and the Allied nations went into effect on the Western Front. Although World War I didn't officially end until seven months later with the Treaty of Versailles, November 11 was declared the day to remember and
commemorate as Veterans Day by President Dwight D. Eisenhower; and
WHEREAS, on November 11, Americans commemorate the sacrifice, and immeasurable contributions of our nation’s veterans who have proudly defended and
preserved liberty and freedom for all; and WHEREAS, each Veterans Day we recognize the brave men and women who
fearlessly and faithfully defended the United States and whose devotion to duty and patriotism deserves our respect and admiration each and every day; and
WHEREAS, throughout our nation’s history, veterans have defended our way of
life with integrity, dedication, and distinction; and WHEREAS, we are especially grateful for those Wheat Ridge residents who have served in our armed forces.
NOW, THEREFORE, I, Mayor Bud Starker, call upon all those throughout our community to celebrate November 11, 2020, as VETERANS DAY
In recognition and grateful appreciation of our veterans who protected our freedom, and
served our country as members of the U.S. Armed Forces. IN WITNESS THEREOF, on this 9th day of November, 2020
__________________________ Bud Starker, Mayor _____________________________ Steve Kirkpatrick, City Clerk
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO
Virtual Meeting
October 19, 2020
Mayor Bud Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Rachel
Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Councilmember Hoppe
was ill.
Also present: City Attorneys Jerry Dahl and Jeff Wilson; City Clerk, Steve Kirkpatrick;
City Manager Patrick Goff; Director of Administration Allison Scheck; Chief of Police
Chris Murtha; Commander Patrol Operations Division, Shellie Salzer; Municipal Judge
Christopher Randall, Stephen Geisler, guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forward to speak.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
No comments appeared in Wheat Ridge Speaks for this session of Council.
1. Staff Report(s)
Discussion began at 6:32 pm, approximately 0:02 minutes into the recording of the
session.
(a.) Cordico Wellness Grant application
Mr. Goff brought this item forward and introduced Commander of Patrol Operations
Division, Shellie Salser who relayed the issue:
Employee wellness is a crucial focus as law enforcement is under ever increasing
amounts of stress and pressure. Wheat Ridge Police Department (WRPD) has made
employee wellness a top priority and has the opportunity to pursue a grant to support
employee wellness through the State of Colorado under the DOLA - Peace Officers
Mental Health Grant. This grant will allow WRPD to provide a wellness app (smartphone
app) that can provide in-hand, on-demand, easy to access wellness tools and
resources.
As part of the grant application process, DOLA requires the application to “provide the
date the city/town/county board, council or trustees authorized the submittal of the grant
application.”
A lengthy and detailed presentation followed, during which Mr. Goff and Commander
Salser presented the details and purposes, some of which included:
• On-scene response services to support peace officers’ handling of persons with
mental health disorders
• Counseling services to peace officers
• Assistance for development and implementation of polices to support peace
officers who are involved in shootings or a fatal use of force
• Training and education programs that teach the symptoms of job-related mental
trauma and how to prevent and treat such trauma
• Peer support programs
Other, similar apps have been researched and none offer the same benefits as this app.
WRPD Chaplain Scott Moore has gone to great lengths in this process and his research
has shown this app is the best fit for WRPD.
Councilmembers had questions and comments:
Council asked about confidentiality of the interactions with the app or with mental health
professionals the app helps staff to access. Strict confidentiality is maintained, under
law and mental health professional ethics.
Councilmember asked for a consensus to move forward with this grant application.
Consensus attained. (Commander Salzer and Mr. Goff explained that no formal vote of
Council is necessary.)
Councilmember Nosler Beck asked for a consensus to instruct staff to support the
application for the Peace Officers Mental Health Grant to acquire the Cordico Shield
Wellness smartphone app.
Consensus attained.
2. Ordinances addressing the unlawful removal of notices, no trespassing on private and public land and pedestrian safety along roadways
Discussion began at 6:43 pm, approximately 0:13 minutes into the recording of the
session.
Mr. Goff brought this item forward and introduced City Attorney Gerald Dahl who stated
that staff had researched ordinances from other communities and concluded that they
would bring 3 proposed ordinances for City Council’s consideration:
1. Ordinance concerning trespassing
2. Ordinance concerning unlawful removal of notices
3. Ordinance concerning pedestrians hindering the flow of traffic and pedestrian
use of roadway center medians
Mr. Goff gave a detailed explanation of the three proposed ordinances and how the
three interact, compliment and supplement each other.
Councilmembers had questions and comments:
Councilmembers asked a number of questions about the impact of the proposed
ordinances on pedestrians, those experiencing homelessness, business owners and
homeowners.
Councilmember asked for a consensus for council to direct staff to bring to Council
ordinances with respect to all three of these proposed actions and addressing the
concerns presented tonight by Councilmembers.
Councilmember Hultin recommended removing section 1 of the proposed trespassing
ordinance and consider it as a separate issue later. Consensus amended thusly.
Consensus attained.
3. Ordinance establishing local system for reviewing campaign finance
complaints
Discussion began at 7:50 pm, approximately 1:20 hours into the recording of the
session.
City Attorney Gerald Dahl brought this item forward where the draft ordinance
substantially revises and updates the City’s process for reviewing and conducting
hearings on complaints alleging violation of the campaign finance laws in City elections.
Prior to 2019, complaints alleging violations of Art XXVIII of the Colorado Constitution or
the State Fair Campaign Practices Act (FCPA) in municipal elections were filed with the
Secretary of State. During its 2019 regular session, the Colorado General Assembly
enacted SB19-232, which changed this process, providing instead that “any complaint
arising out of a municipal campaign finance matter must be exclusively filed with the
clerk of the …municipality.”
The passage of SB19-232 has resulted in municipalities across Colorado adopting local
complaint procedures, in order to address campaign finance complaints that may arise
in their local elections. Many of these ordinances adopt a procedure similar to that set
forth by the General Assembly in SB19-232 for processing such complaints in State
elections.
Councilmembers had questions and comments:
Councilmember Urban asked for a consensus to direct staff to bring to Council this
ordinance concerning campaign finance violations for consideration at a future Council
Meeting.
Consensus attained.
4. Elected Officials’ Report(s)
Discussion began at 805 pm, approximately 1:53 hours into the recording of the
session.
Councilmember Weaver reported that Code Enforcement and the Foothills Animal
Shelter returned to its owner the escaped pig that she reported about during a recent
meeting.
Councilmember Nosler Beck thanks staff for their super responsiveness to citizens’
concerns and complaints.
A student in a master’s program at Metro State approached Councilmember Hutchinson
about an internship at Stevens Elementary. The internship provides needed assistance
to students in all Wheat Ridge schools.
Councilmember Hultin commented that when she attended the recent retirement
celebration for Division Chief Dave Picket she was reminded anew of the excellence we
enjoy in the protection and service provided by out Police Department. She thanked
them again, profusely, for their service to the community.
ADJOURNMENT
The Study Session adjourned at 8:17 pm.
APPROVED BY CITY COUNCIL ON November 9, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 26, 2020
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in
order to continue with normal business and respond to the CoVid-19 Pandemic and the
related public emergency orders promulgated by the President of the United States, the
Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to
order, Mayor Starker stated the rules and procedures necessitated by this meeting
format.
Mayor Starker 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
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison
Scheck; Community Development Director Ken Johnstone; Director of Parks &
Recreation, Karen A. O’Donnell, Gene Myers, Thrive Home Builders, other staff, guests
and interested citizens.
PROCLAMATIONS AND CEREMONIES - None
APPROVAL OF MINUTES
Without objection and with two minor corrections, the City Council Minutes of October
12, 2020 were approved as published objections.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:07 PM.
Mr. Gene Myers, Thrive Home Builders the developer of a West Ridge housing project,
came to thank the City for its part in winning two awards from Federal agencies for the
most energy efficient homes in the United States! These awards are a significant
accomplishment for the builder and the City.
City Council Minutes October 26, 2020 page 2
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, so long as the comments
do not contain lascivious language or unlawful hate speech).
We are writing to clear the record on the protests we filed in regard to the Referendum Petition. We did not
file protests against the Petition. We filed protests in support of the sufficiency of the Petition.
We contested the rejection of specific signatures and the rejection of 4 petition sections.
We also protested the number of signatures required for sufficiency. This number is based on the total votes
cast by Wheat Ridge citizens in the last gubernatorial election. Of the fourteen precincts that include parts of Wheat Ridge, several also include areas outside of Wheat Ridge such as Mountain View, Lakeside and
unincorporated Jefferson County as far west as McIntyre Street. The hundreds of votes cast by these non-
Wheat Ridge voters was wrongly included by the County in the total on which the signature requirement was
based.
We withdrew our protests after it became clear that no protests would be filed against the
Referendum Petition and the sufficiency of the Petition was not in question.
10/26/2020 12:20 pm
Odarka Figlus and Judy Capra
10580 W 34th Avenue
Wheat Ridge, 80033
End of comments entered in Wheat Ridge Speaks for this Council session.
CONSENT AGENDA
There were none of these items for this meeting.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:11 PM
1. Resolution No. 52-2020 - A Resolution adopting the City Budget and
appropriating sums of money to the various funds and spending agencies for
the City of Wheat Ridge, Colorado for the 2021 Budget Year
Councilmember Hoppe introduced Resolution No. 52-2020.
Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be
City Council Minutes October 26, 2020 page 3
adopted by resolution on or before the final day (December 15, 2020) established by state statute for the certification of the next year’s tax levy to the county.
The proposed 2021 budget includes the following:
• A General Fund budget in the amount of $38,858,550
• An unrestricted fund balance of $9,435,458 or 25.1% of expenditures
• A General Fund transfer of $1,300,000 to the Capital Improvement Program (CIP)
• A 13% decrease in the General Fund budget compared to the adjusted 2020
Budget
• Proposed CIP Fund in the amount of $13,872,662
• Proposed 2E Bond Fund in the total amount of $3,497,600 for debt service
• Special Revenue Funds in the amount of $4,531,986
• Proposed budget (all funds) in the amount of $59,460,798
Mayor Starker opened the public hearing.
The Mayor reviewed the procedures. No citizens appeared in chambers to address this
issue. There were none who wanted to speak through the Zoom format.
City Manager Patrick Goff presented to the Council a review of the budget, and some of
the previous discussions during council meetings and the Study Session of October 5th
that have addressed the budget in detail. The following items were reviewed:
OVERALL SUMMARY:
General Fund
Capital Improvement Program (CIP) Fund
Special Revenue Fund – Open Space
Special Revenue Fund – Conservation Trust
Special Revenue Funds – Other
2E Investing 4 the Future Fund
SHORT-TERM FISCAL CHALLENGES/OPPORTUNITIES
• Sales Tax and General Fund Revenue
• Coronavirus Aid, Relief and Economic Security (CARES) Act Funding
• Supplemental Budget Requests
• Redevelopment Projects
WHEAT RIDGE 2035 VISION TOPICS AND SMART GOALS
Vision Topics:
1. Wheat Ridge is an attractive and inviting City
2. Wheat Ridge is a community for families
City Council Minutes October 26, 2020 page 4
3. Wheat Ridge has great neighborhoods 4. Wheat Ridge has a choice of economically viable commercial areas
5. Wheat Ridge has diverse transportation
6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle 8. Wheat Ridge residents are proud of their hometown
Strategic Priorities:
• Urban renewal funding for Renewal Wheat Ridge (RWR) projects $300,000
• Tax Increment Financing (TIF) – Kipling Ridge, Wheat Ridge Corners, Swiss Flower, West End 38, Hacienda Colorado, and Regency Partners (former
Walmart space) $698,925
• Enhance Sales Tax Incentive Program (ESTIP) – Grammies Goodies and Applejack Wine and Spirits - $35,000
• Public events implemented by Localworks - $135,000
• Wheat Ridge Business District (WRBD) grant program $90,000
• Live Local events $50,000
• Resident survey $35,000
• Online public hearing software $19,200
• Neighborhood Revitalization Strategy Engagement Tour mailings and outreach -
$30,000
• Prospect Park renovation, Phase II - $1.8 million
• Clear Creek trail repair - $500,000
• Wadsworth improvement project $12 million
• Preventative street maintenance $1.5 million
• Traffic Safety, Life Quality, and Crime Reduction (TLC) Program $37,000
• ADA improvements city-wide $50,000
• Large-item pickup program $5,000
• New snowplow $209,000
• Historic building management and maintenance $63,600
• Carnation Festival contribution $75,000 and staff overtime and barricade $27,500 OUTSIDE AGENCY CONTRIBUTIONS DEBT
Additionally, the City has the following long-term financial obligations:
• Renewal Wheat Ridge
• Community Solar Garden
• Fruitdale School Lofts
COMPENSATION, BENEFITS, AND STAFFING
City Council Minutes October 26, 2020 page 5
Compensation
Personnel-related expenses account for the largest portion of the City's Budget.
Remaining competitive to attract the best talent for the City and maintaining its
investment in its team members is a high priority. In 2013, the City launched a
compensation plan for full-time/part-time benefited employees that is financially
sustainable and will help the City recruit and retain top talent.
Benefits
The City continues to provide a competitive benefits package to employees that include
medical, dental, life, and disability benefits. Throughout the year, staff works closely with
the City's benefits broker, IMA, to ensure that the City is controlling benefit costs while
still providing a competitive benefits package to its employees, which is a vital part of
the City's total compensation approach to pay.
Staffing
In 2020, the City's staffing level is at 240.125 FTE's. The proposed 2021 budget does
not increase staffing. In order to remain fiscally conservative, 5.75 vacant positions
remain unfunded in the 2021 budget and will be filled only if revenues allow
Conclusion and Acknowledgements
2020 has been an unprecedented year in many ways – the COVID-19 pandemic,
economic uncertainty, racial equity issues and increased homelessness concerns. He is
thankful for the leadership and support from the Mayor and City Council during these
difficult times to guide us through these challenges. He is also so proud of all of our
team members, across all departments, who didn’t miss a beat under all of these
difficult circumstances and continued to provide quality programs and services to our
residents. He stated that we are very fortunate to have such a dedicated workforce.
Public Comment
Nobody came forward to speak on this item.
Council Questions and comments
Councilmember Hultin asked whether the funds for a special election are in the 2021
budget. Mr. Goff answered that it is not, that the estimated cost will be $50,000 to
$75.000, and staff would return to Council for a specific budget amendment.
Councilmember Stites asked if the Race and Equity Commission will have a budget and
staff answered that as of now there are no anticipated earmarked expenses for that
group.
Council had no further questions or comments.
Mayor Starker closed the public hearing.
City Council Minutes October 26, 2020 page 6
Motion by Councilmember Hoppe to approve Resolution No. 52-2020 a resolution
adopting the City Budget and appropriating sums of money to the various funds and
spending agencies for the City of Wheat Ridge, Colorado for the 2021 Budget Year, on
second reading, seconded by Councilmember Urban, motion carried 8-0
Councilmember Hoppe thanked the staff for their hard work and clear explanations of
the budget at previous Council sessions and tonight.
ORDINANCES ON FIRST READING
Discussion began at 9: pm.
2. Referral of ordinance 1691, series 2020, an ordinance approving the rezoning
of property located at 9800 W. 38th Avenue
Councilmember Weaver introduced the Referral.
A referendum petition has been found to be sufficient with respect to Ordinance 1691,
Series 2020, which rezoned property at 9800 W. 38th Avenue. Under Section 6.2(b) of
the Charter, the Council is now required to either, by ordinance, repeal the ordinance or,
by resolution, refer the same to the voters of the city at the next regular election or at a
special election. The earliest date for such an election is March 16, 2021.
Motion by Councilmember Weaver to approve Council Bill No. 20-2020, an ordinance
repealing Ordinance 1691, Series 2020, on first reading for the sole purpose of ordering
it published for a public hearing set for November 9, 2020 at 7 p.m. as a virtual meeting,
and if adopted, that it take effect immediately after final publication; seconded by
Councilmember Urban.
Public Comment
Mr. Aaron and Kim Hardi, 10240 W. 36th Place, called to ask Council to repeal
Ordinance 1691, to save the cost of a special election. The Hardis own the land in
question and plan to resubmit a revised PRD for their development project.
Councilmembers had questions and comments:
Councilmember Dozeman indicated that she will vote to repeal this ordinance. She also
commented to the people who circulated the petition that the Hardi’s are exactly the
kind of people and that theirs is the kind of development we want in Wheat Ridge.
When we drive away these kinds of thoughtful developments we damage the City’s
reputation for future developers to consider Wheat Ridge. The Hardi’s deserve a fair
treatment of their proposed development.
Councilmember Hultin echoed Councilmember Dozeman’s comments. She encourages
the public to get the facts about this and all proposed future developments rather than
listening to or spreading rumors about potential problems with a project. We want to
bring the best to our City by listening to information and experts, not speculation and
rumors.
City Council Minutes October 26, 2020 page 7
Councilmember Hoppe echoed these comments. She gave additional examples of the
kind of unsubstantiated speculations we need to avoid, especially since staff have spent
so much time to bring forward an excellent project.
Councilmember Stites echoed the above comments as well. He hears from others who
asked questions about the proposed development process, and he believes too few of
them understand the extensive work and analysis done by experts in the field before a
proposed zoning change comes to Council. The Hardis are long term residents who
have invested in our community and deserve a fair consideration based on expertise
and science.
Councilmember Dozeman asked whether adding another item to a special election
ballot would increase the cost. City Clerk Kirkpatrick replied that it would not perceptibly
change the cost of a special election.
Councilmember Urban asked how soon a new proposed development plan for the
project would come before Council. Mr. Johnstone explained the process, and that
there needs to be a “substantial change,” in any new application; otherwise, the
rezoning would have to wait one year. He also explained how the process of submitting
a new rezoning application will operate, including neighborhood involvement.
Councilmember Hoppe asked whether repealing the ordinance now is a denial of the
application, triggering a one year moratorium. Mr. Dahl explained that repealing
Ordinance 1691 amounts to a denial in law if not in fact. So if the ordinance is repealed
then the application is denied. Councilmember Hoppe commented that a change of as
much as 20% in a new application should be considered substantial. She asked
whether Council gets to decide what substantial means. Mr. Johnstone explained that
Council will have the opportunity to vote on any new proposed zoning change and
thereby weigh in on whether the proposed new development is a substantial change.
Councilmember Hoppe asked detailed questions about the process of submitting,
reviewing and re-submitting a zoning change proposal to Council. Messrs. Dahl and
Johnstone explained the details of the process.
Councilmember Stites asked if Council votes to repeal Ord. 1691 could the Council also
waive the one-year moratorium on a new proposal. Mr. Dahl explained why Charter
and Code would not allow that action by Council.
Councilmember Hultin asked whether referring the question to the ballot for a special
election in March 2021 sets the beginning of the one year moratorium. Mr. Dahl
explained that the one year would begin when the vote is taken, assuming the zoning
ordinance is repealed by the voters.
Councilmember Urban asked whether a new rezoning ordinance would be subject to a
referendum petition. Mr. Dahl explained that it would.
City Council Minutes October 26, 2020 page 8
Motion (by Councilmember Weaver, seconded by Councilmember Urban) to
repeal Ordinance 1691 Series 2020 passed 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 8:04 PM
3. Resolution No. 53-2020 - a resolution levying general property taxes for the
year 2020, to help defray the costs of government for the City of Wheat
Ridge, Colorado for the 2021 budget year
Councilmember Urban introduced the Resolution.
Levying property taxes for the 2020 fiscal year.
City Manager Patrick Goff gave a brief report on the item.
Public Comment
No one came forward to speak.
Council Questions
Motion by Councilmember Urban to approve Resolution 53-2020 - a resolution levying
general property taxes for the year 2020, to help defray the costs of government for the
City of Wheat Ridge, Colorado for the 2021 budget year, seconded by Councilmember
Hultin; motion carried 8-0.
4. Resolution No. 54-2020 – A Resolution requesting transfer of title ownership
of Panorama Park, Paramount Park, Randall Park and a portion of Johnson
Park from Jefferson County to the City of Wheat Ridge
Councilmember Hutchinson introduced the Resolution.
The City of Wheat Ridge is requesting that specific park properties located in and
maintained by Wheat Ridge, currently titled to Jefferson County, be retitled to the City of
Wheat Ridge. These park properties are Panorama Park, Paramount Park, Randall
Park and a portion of Johnson Park.
Director of Parks & Recreation, Karen A. O’Donnell spoke on the background of these
parcels that represent the last vestiges of the now defunct Wheat Ridge Recreation
District and that they have not been transferred to the City’s ownership subsequent to
the incorporation of Wheat Ridge and the dissolution of the District. Jefferson County
acquired the parcels between 1945 and 1957. The management and control of these
lands was placed in the then-existing Wheat Ridge Recreation District by the County.
As part of the judicial process of dissolving the Recreation District, the District conveyed
and quit claimed to the City all of its interests in the District’s real property, whether
owned in fee or in lesser estate.
City Council Minutes October 26, 2020 page 9
While all of the properties titled in the District passed to the City by operation of law
upon the district’s dissolution, and while some City-maintained properties titled in
Jefferson County’s name have already been transferred to the City of Wheat Ridge, the
record title for these final remaining four parcels is still listed in the County’s name.
Ms. O’Donnell recommends the approval of the Resolution as presented in order to
transfer the title of these four park properties located in and maintained by Wheat Ridge
to the City of Wheat Ridge.
Public Comment
Guy Nahmaich, 3650 Ward Road called to ask whether there are other parklands within
the City boundaries still titled to the County. Mr. Goff answered that these are the last
parks within the City limits requiring this action.
Council Questions
Councilmember Urban asked when the conveyance of the property will be concluded.
Mr. Dahl commented that past interactions with the County indicate that it is impossible
to predict when the County will take further action.
Councilmember Dozeman asked about the sign that used to identify Johnson Park but
is no longer visible from the street. Ms. O’Donnell agreed to investigate the situation.
Motion by Councilmember Hutchinson to approve Resolution 54-2020, a resolution
requesting transfer of title ownership of Panorama Park, Paramount Park, Randall Park
and a portion of Johnson Park from Jefferson County to the City of Wheat Ridge,
seconded by Councilmember Stites, motion carried 8-0.
5. Resolution No. 55-2020 – A Resolution approving an amendment to the grant
agreement with Great Outdoors Colorado for the Prospect Park Phase II
Project
Discussion began at approximately 8:14 PM
Councilmember Nosler Beck introduced the Resolution.
The City was awarded $350,000 from Great Outdoors Colorado (GOCO) in 2018 and
an additional $162,970 from GOCO in 2020 for the Prospect Park Phase II project. In
2018, the City entered into a grant agreement with GOCO to accept the $350,000
award and use it for the Prospect Park Phase II project.
To accept the additional $162,970 award from GOCO in 2020, the City must either enter
into a second grant agreement with GOCO for those funds or agree to amend the 2018
agreement to also include the $162,970 award for the same project. Either way, the
grant agreement(s) would extend through March 31, 2022.
City Council Minutes October 26, 2020 page 10
The Parks & Recreation Department is recommending the amendment option as it will
allow for simpler reimbursement and management of funds, grant reporting, and project
management. GOCO does not have a preference of either option.
Director of Parks & Recreation, Karen O’Donnell was available for questions.
Public Comment:
No one came forward to speak.
Council Questions
Councilmembers had no questions or comments.
Motion by Councilmember Nosler Beck to approve Resolution No. 55-2020 - a
resolution approving an amendment to the grant agreement with Great Outdoors
Colorado for the Prospect Park Phase II Project, seconded by Councilmember Urban;
motion carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff reviewed the latest and very alarming data on CoVid in Jefferson County. The
County is over the threshold for keeping the variance to state CDPHE issued. Wheat
Ridge may have to close the recreation centers and institute other restrictions to public
activity as soon as next week.
CITY ATTORNEY’S MATTERS
Mr. Dahl asked for Council guidance on posting signs that open carry is prohibited in
voter service centers. He explained that there is no currently no City ordinance or state
statute that bans on open carry of firearms on City property. Concealed carry permits
specifically allow the permitee to come into the City’s buildings while carrying a
permitted firearm. By CRS, cities may make a policy prohibiting OPEN carry of firearms
on City property. Jefferson County has already passed a law prohibiting open carry on
County property and even on open spaces within the County. The impetus for the
Jefferson County prohibition was people appearing in various County offices openly
carrying firearms, which the staff found disconcerting or even dangerous.
At present, the only vehicle for prohibiting open carry on City property is a policy
promulgated by the City Manager. Mr. Goff asked whether Council would like to study a
potential ordinance during a future Study Session.
Councilmembers had specific questions about the history of this issue and why it comes
forward now. Councilmembers decided to move the issue into a future study session.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick reviewed the options for voters in the upcoming election.
City Council Minutes October 26, 2020 page 11
Councilmember Dozeman reminded everyone that there is another Trash Bash at 10:30
AM Friday, October 30th at I-70 and Kipling. Volunteers are needed. The staging area
will be the parking lot adjacent to the Village Inn restaurant.
Councilmembers thanked the staff for their hard work on the budget.
Councilmember Weaver announced that her goat herd will move to Happiness Gardens
sometime next week, date and time TBA. She will notify us when specifics are clear.
Councilmember Hultin welcomed the goats to Happiness Gardens in District II. She
also recognized the Thrive Home Builders for the national awards they won. She
attended a neighborhood community gathering on Zoom and more are scheduled. Go
to What’s Up Wheat Ridge online and find the next dates and times.
Councilmember Urban announced the services available to those who need a shelter
during winter nights, and where the shelters are located. Go to SWShelternewtork.com.
Councilmember Hutchinson reported on progress by the social work student intern in
schools in the City. They are asking for reusable grocery bags and for boots and shoes
to help those experiencing homelessness or needing special assistance.
Councilmember Hoppe asked how the City will notify those who want to participate in
the November 2 Study Session that they may not come to Chambers because Council
Chambers will be a polling place on November 2 and 3, 2020.
ADJOURNMENT TO SPECIAL STUDY SESSION
The meeting adjourned at 9:00 pm exactly.
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON November 9, 2020
______________________________
Janeece Hoppe, Mayor Pro Tem 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
October 26, 2020
Upon adjournment of the Regular City Council Meeting.
Mayor Bud Starker called the Special Study Session to order at: 9:10 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; City Treasurer
Chris Miller, City Manager Patrick Goff; Director of Administration Allison Scheck;
Assistant to the City Manager, Marianne Schilling, guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forward to speak.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
There were no citizen comments entered into Wheat Ridge Speaks related to this
session.
1. Race and equity committee application process
Marianne Schilling, Assistant to the City Manager gave a brief overview on the
committee application, as well as the process. She asked City Council for feedback on
the draft application as well as consensus on the development and review process of
the Race and Equity Task Force.
She concluded by asking City Council for feedback on the draft application as well as
consensus on the development and review process of the Race and Equity Task Force.
Councilmembers had questions and comments:
Councilmember Hoppe thanked Ms. Schilling for her work on this project. She is fine
with having a selection committee review the applications and recommend to Council
the membership of the Race and Equity Task Force. She wants the application process
to remain open as long as feasible. She does not want a checklist of items as
presented in the packet, but will leave that decision to the selection committee.
Councilmember Hultin also believes that the draft application aligns with the Council’s
discussion and intent. She commented that we are fortunate to have a community
organization like Wheat Ridge Equity working in the community. She is hesitant to have
a selection committee choose the Task Force, and she wants to continue with the
consensus Council reached last time. She asked for a clarification of the meaning of
the term “At Large,” because she believes the Task Force members should be residents
of the City.
Councilmember Hoppe commented that making residency a requirement might
eliminate people who have a strong connection to Wheat Ridge but do not live here.
Councilmember Urban believes that a selection committee is unnecessary; Council can
perform the selection task. He also does not believe Task Force members should have
to be residents of Wheat Ridge only. He also asked about the criteria for selecting
members because he fears that some people would be overlooked on the basis of a
demographic, such as their education level or their ethnicity. He is concerned that we
may violate Title 6 or Title 7.
Councilmember Nosler Beck expressed concerns that the application as presented may
or may not be legal, and that it may defeat our purpose of having a diverse, inclusive
task force. Mr. Dahl commented that rather than asking demographic questions, other
cities ask all applicants what they would bring to the Task Force and why they want to
serve. Councilmember Nosler Beck had further detailed questions about the application
form and how questions are worded; should we offer an option that says “prefer not to
disclose?”
Councilmember Urban supports a process that ensure we are inclusive and diverse,
however we do it.
Councilmember Hoppe is neutral on the issue of asking demographic questions about
gender, race, ethnicity….
Councilmember Hultin wants to make sure that we do not exclude people who may read
the application self-select out. She is opposed to asking questions that send a
message that people need to bring with them certain attributes, memberships or
experiences.
Councilmember Urban proposed a consensus to move forward with a study and costs
to removing the voluntary disclosure section. He also asked for a consensus that we
not ask for address or email address on the form itself. Consensus achieved.
Councilmember Hultin asked to remove the first two sentences in question 5.
Consensus attained.
Councilmember Nosler Beck asked for a consensus to allow at large members to be
closely connected to Wheat Ridge although not necessarily a resident. She also wants
Council to select members, not a committee. Consensus attained.
Councilmember Urban asked for a consensus to remove the check box items related to
faith because they may cross a legal line. Mr. Dahl opined that asking whether one is a
member of an organization or a person of faith does not rise to the level of a gatekeeper
question smacking of an illegal religious test to participate in government affairs.
Councilmember Weaver agreed with Councilmember Urban and Mr. Dahl, that asking
about faith is problematic at best and provides little information of value.
Councilmember Nosler Beck asked for a consensus to remove all non-essay questions.
Consensus achieved, also in support of Councilmember Urban’s similar suggestion.
Ms. Schilling reported that previous application processes limited the information
requested to contact information and open-ended, essay questions.
Councilmember Hoppe asked for a consensus that the Task Force range in size from
12-20. The minimum of 12 would be one resident and one at large for each District and
four appointed by the mayor.
Councilmember Hutchinson commented that she would prefer all members be residents
of Wheat Ridge because the term “strong connection,” to Wheat Ridge is unclear.
Councilmember Hultin supports allowing non-residents to serve. She also proposed
that we begin with the 12 members as Councilmember Hoppe suggested and then add
additional members, up to no more than 20, based on Council’s judgment to ensure an
inclusive and effective group.
Councilmember Hoppe proposed a consensus that the Council selects the members of
the Task Force: one resident from each Council District, one at large selected by the
Councilmembers in each district and four appointed by the Mayor. If there are
additional qualified applicants Council might add up to 8 more members for a total of no
more than 20. Consensus achieved.
Councilmember Urban asked for a consensus that a majority of the members be
residents of the City. Consensus attained.
Councilmember Hultin asked that the Task Force have at least a year to do its work.
(The packet mentions February 2022.) Councilmember Urban agreed that a one-year
commitment is clearly enough. Councilmember Hoppe asked that the one-year
timeframe begin when the task force is formed. At the end of one year, the Task Force
will bring its recommendations to Council; consensus proposed and attained.
Councilmember Hultin asked for confirmation that applications submitted in languages
other than English would be translated.
Councilmember Hoppe proposed a consensus that staff move forward with revising the
application form and proceed with the initial steps in the application and selection
process. Consensus achieved.
2. Staff Report(s)
Nothing further at this time.
3. Elected Officials’ Report(s)
Discussion of this item began at approximately 10:05 PM.
Councilmember Nosler Beck thanked Ms. Schilling for her excellent work on this effort,
acknowledging how difficult and time consuming this kind of work really is.
Mayor Starker reminded all to wear a mask, maintain social distance and wash their
hands regularly.
Nothing further.
ADJOURNMENT
The Special Study Session adjourned at 10:14 pm.
APPROVED BY CITY COUNCIL ON November 9, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
ITEM NO: 1a DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE MONTHLY PAYMENTS TO
KAISER PERMANENTE FOR JANUARY THROUGH DECEMBER 2021 MEMBERSHIP BILLING NOT TO EXCEED A TOTAL OF $2,600,000
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Administrative Services Director City Manager ISSUE:
The City offers employees two medical plans through Kaiser Permanente; a High Deductible
plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former
employees who choose to enroll. January through December billing, inclusive of the City’s and
employee’s portion, is estimated at $2,600,000. Staff requests approval of the estimated annual 2021 expenditure so that invoices can be paid in a timely manner.
PRIOR ACTION:
Prior to 2019, staff requested City Council approval to pay each invoice on a monthly basis per procurement regulations. This resulted in late payments to the vendor. FINANCIAL IMPACT:
Based on the 240.125 authorized FTEs in 2021 plus COBRA memberships, costs for medical insurance premiums are estimated to be $2,600,000. The City’s expense (total billing minus the employee’s contribution and COBRA memberships) is estimated and budgeted in the amount of $2,026,846. The City’s contract with Kaiser stipulates penalties and potential cancelation for late
payment.
Council Action Form – Kaiser Permanente 2021 Membership Billing November 9, 2020
Page 2
BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. The City offers two deductible plans and a robust wellness program. Prior to 2019, bills were
presented to City Council for approval on a monthly basis. Due to the regular meeting schedule,
there were several occasions where Kaiser Permanente’s payment terms were violated, resulting
in late fees for the City. In 2018 and 2019, City Council authorized the payment of all expenses for the following year. This has resulted in the timely payments of monthly membership invoices in all instances since. RECOMMENDATIONS:
Staff recommends that Council approve and allow administrative payment of the monthly 2021
Kaiser bills, not to exceed a total of $2,600,000 inclusive of City, employee and COBRA expenses. RECOMMENDED MOTION:
“I move to approve monthly payments to Kaiser Permanente for January through December
2021 membership billing not to exceed a total amount of $2,600,000.” Or
“I move to deny monthly payments to Kaiser Permanente for January through December 2021 membership billing not to exceed a total amount of $2,600,000 for the following reason(s) ________________________________________.” REPORT PREPARED/REVIEWED BY:
Christine Jones, HR Business Partner
Michael Clasen, HR Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ITEM NO: 1b
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO SEVEN POINT
CONSTRUCTION, OF CENTENNIAL COLORADO, IN THE AMOUNT OF $329,255 FOR SAFETY AND OTHER IMPROVEMENTS TO CITY HALL AND APPROVE A 5% CONTINGENCY IN THE AMOUNT OF $16,463 FOR UNFORESEEN PROJECT EXPENSES
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: A security assessment of City Hall completed in 2017 by iParametrics LLC identified the uncontrolled ability of visitors to access staff areas as a key weakness of safety protocols
at City Hall. Additionally, other City Hall improvements have emerged as priorities to enhance workplace efficiencies. Improvements to address these issues include a
renovation of the lobby to provide a more secure environment for staff and visitors; of the former Police Department dispatch area to accommodate the Crash and Traffic Team which will increase workspace for other Police Department functions; and of the Community Development offices to provide a safe and welcoming lobby area and
counter for contractors and visitors. PRIOR ACTION: Funds have been budgeted in the CIP Fund to improve City Hall since 2018.
FINANCIAL IMPACT: $485,877 is budgeted in the CIP Fund for this project inclusive of project management and furniture, fixtures and equipment.
Council Action Form – City Hall Remodel November 9, 2020
Page 2
BACKGROUND: A security assessment completed in 2017 by iParametrics LLC identified the uncontrolled ability
of visitors to access staff areas as a key weakness of safety protocols at City Hall. This was the
impetus for work on this project to begin. Since that report was completed, other priorities have
emerged that will be resolved as part of this project including strategic use of the former dispatch area; the need for the City to have a private space for nursing mothers (staff and/or visitors) to pump or feed their child; more effective use of space to provide professional workspaces for staff; and a way to safely assist visitors in the context of the pandemic.
In the wake of the Virginia Beach shooting in 2019 and following a number of disconcerting encounters with “first amendment auditors” in staff areas, City management hired a security guard to greet and check-in visitors at City Hall. When City Hall was fully open for service prior
to the pandemic, the guard would check-in visitors by reviewing a form of identification and then
electronically unlock the door to either the first floor administrative offices or second floor community development area. When City Hall reopened following the initial “Stay at Home” phase of the pandemic, staff set up a temporary system in the lobby for staff to meet with visitors by appointment using the existing lobby desk. The designs now reflect updates in consideration of the virus and to meet the ongoing health and safety protocols.
This project includes the following components: City Hall Lobby The City Hall Lobby will be remodeled to include a clearly visible security guard desk directly in
front of the main doors, two “one-stop-shop” customer service stations in the location of the
current desk, wellness room for nursing mothers (and small private meetings), and a secure wall and door controlled by the guard should visitors need to access the first or second floor offices.
Former Police Department Dispatch
Police Department Dispatch was vacated in 2018 when the department transitioned to the
regional communications center. Since this time, the space located on the first floor of the police
department, has been used for storage or temporary uses. The remodel will create a professional space for the Crash and Traffic team with the addition of an office for two IT staff. This will allow for workgroups on the second floor to have additional space as needed.
Community Development Area In the current setup and prior to the pandemic, contractors and other visitors had full access to the staff areas on the second floor when obtaining a permit. This remodel will include a purpose-built building permit counter and small “huddle room” for plan reviews contained in a lobby area
to separate these public functions from staff workspaces. Some supervisor workspaces will be
improved to include walls and doors for privacy. The pandemic has certainly caused staff to revisit these plans to ensure they align with needs moving forward. At some point in the future, staff will be in a position to serve the public in a face to face setting again. This remodel includes removable glass separators at customer service
Council Action Form – City Hall Remodel November 9, 2020
Page 3
counters to provide a level of protection for staff and visitors and from a safety perspective, and removes the necessity for visitors to be in staff areas unless there is a specific need.
Early plans called for significant work and expense to accommodate staff in temporary work
trailers. As so many staff are able to conduct business remotely, this is the optimal time to
complete the construction without the need for temporary work facilities. RECOMMENDATIONS: Staff recommends the award of the contract to Seven Point Construction of Centennial,
CO for construction of the improvements at City Hall. RECOMMENDED MOTION: “I move to award a contract to Seven Point Construction, of Centennial Colorado, in the
amount of $329,255 for safety and other improvements to City Hall and approve a 5%
contingency in the amount of $16,463 for unforeseen project expenses.” Or,
“I move to deny award of a contract to Seven Point Construction, of Centennial
Colorado, in the amount of $329,255 for safety and other improvements to City Hall and
approve a 5% contingency in the amount of $16,463 for unforeseen project expenses for the following reason(s) __________________________________.” REPORT PREPARED/REVIEWED BY:
Tony Santistevan, Manager of Facility Operations
Jennifer Nellis, Purchasing Agent Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS: 1. ITB 20-13 Bid Sheet
City Hall Office Remodel & Court Consultation Rooms
Bid Opening October 1, 2020
DISQUALIFIED - missing forms
Seven Point Construction EGC Services Inc.
Denver, CO Denver, CO
Yes - 3 Yes - 3
Yes Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes Yes
Bid Breakdown for City Hall Office Remodel - Administrative Services, Community Development,
Police Departments and Lobby
ITEM#DESCRIPTION COST COST COST COST COST
1) Div. 01 General Conditions / General Requirements $33,005.00 $$$$
2) Div. 01 Insurance, Bonds, Overhead & Profit $35,205.77 $$$$
3) Div. 02 Existing Conditions $9,825.00 $$$$
4) Div. 05 Metals $$$$$
5) Div. 06 Woods, Plastics and Composites $46,170.00 $$$$
6) Div. 07 Thermal & Moisture Protection $$$$$
7) Div. 08 Openings $86,384.00 $$$$
8) Div. 09 Finishes $56,050.00 $$$$
9) Div. 12 Furnishings $785.00 $$$$
10) Div. 21 Fire Suppression $3,160.00 $$$$
11) Div. 23 HVAC $26,275.00 $$$$
12) Div. 26 Electrical $24,890.00 $$$$
13) Div. 28 Fire Alarm $7,505.00 $$$$
City Hall (Admin & Lobby, PD, ComDev) Total Area Base Bid 329,254.77$ -$ -$ -$ -$
City of Wheat Ridge ITB-20-17
CONTRACTOR NAME
Bidder Acknowledgement Form with addenda (3)
Contractor Qualification Form
Bid Form pages 22-25 using REVISED page 24
Sub-Contractors list for Court and City Hall - both 30%
Non-Discrimination Assurance Form
Illegal Alien Compliance Statement
Non-Collusion Affidavit
Keep Jobs in Colorado
Bid Bond and Surety Reference Letter
City / State
ATTACHMENT 1
ITEM NO: 1c
DATE: November 09, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ADOPT THE 2021 CITY COUNCIL MEETING
CALENDAR PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ISSUE: The calendar of City Council meetings is adopted by a motion of the City Council annually.
Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council and
staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary.
The following City Council meetings that conflict with observed City holidays or other known
events during the year are recommended for cancellation:
• Study Session, January 18, 2021, Martin Luther King Jr. Day
• Study Session, February 15, 2021, Presidents’ Day
• Study Session, July 5, 2021, Independence Day (substitute day)
• Study Session, September 6, 2021, Labor Day PRIOR ACTION:
None FINANCIAL IMPACT: None
Council Action Form – 2021 City Council Meeting Calendar November 9, 2020
Page 2
BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each
month at a day and hour to be fixed by the rules of council.” Section IV of the City Council
Rules of Order and Procedure states that, “Regular Meetings are held the second (2nd) and fourth
(4th) Monday of each month at 7:00 p.m. unless otherwise provided by amendment of these Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem. RECOMMENDATIONS:
None RECOMMENDED MOTION:
“I move to adopt the 2021 City Council Meeting Calendar as presented.”
Or, “I move to adopt the 2021 City Council Meeting Calendar with the following amendment(s)
____________________________________________.”
Or, “I move to not adopt the 2021 City Council Meeting Calendar for the following reason(s) ___________________________________.”
REPORT PREPARED/REVIEWED BY: Danitza Sosa, Administrative Assistant to Mayor and Council Patrick Goff, City Manager
ATTACHMENTS: 1. Proposed 2021 City Council Meeting Calendar
S M T W T F S S M T W T F S S M T W T F S
1 2 1 2 3 4 5 6 1 2 3 4 5 6
3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13
10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20
17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27
24 25 26 27 28 29 30 28 28 29 30 31
31
S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 1 2 3 4 5
4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12
11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26
25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30
30 31
S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4
4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11
11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18
18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25
25 26 27 28 29 30 31 29 30 31 26 27 28 29 30
S M T W T F S S M T W T F S S M T W T F S
1 2 1 2 3 4 5 6 1 2 3 4
3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18
17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25
24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31
31
October November December
January Febuary March
April May June
July
2021
City Council Meetings
Jul 4: Independence Day
Sep 6: Labor Day
Dec 24: Christmas Eve
Christmas Day (substitute day)
Dec 31: New Year's Day (substitute day)
Nov 11: Veterans Day
Nov 25: Thanksgiving Day
Jul 5: Independence Day (substitute day)
August September
May 31: Memorial Day
Jan 1: New Year's Day
Jan 18: Martin Luther King Jr. Day
Feb 15: Presidents' Day
Nov 26: Day after Thanksgiving Day
Dec 25: Christmas Day
Study Session Meeting -Held 1st and 3rd Monday of the month
Holiday observed by the City
Regular City Council Meeting -Held 2nd and 4th Monday of the month
No Council Meeting-5th Monday of the month
ATTACHMENT 1
ITEM NO: 1d
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO CANCEL THE NOVEMBER 23, 2020 AND DECEMBER 28, 2020 REGULAR BUSINESS MEETINGS OF
THE WHEAT RIDGE CITY COUNCIL DUE TO THE THANKSGIVING AND CHRISTMAS HOLIDAYS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ City Manager ISSUE:
The Regular City Council Business Meetings of November 23, 2020 and December 28, 2020
currently do not have any scheduled agenda items. In order to provide time for City Council and Staff to spend these holidays with family and friends, it is recommended that City Council cancel these meetings.
FINANCIAL IMPACT: None RECOMMENDATIONS:
Staff recommends canceling the Regular City Council Business Meetings scheduled for November
23, 2020 and December 28, 2020. RECOMMENDED MOTION: “I move to cancel the November 23, 2020 and December 28, 2020 Regular business meetings of the Wheat Ridge City Council due to the Thanksgiving and Christmas holidays.”
Or,
“I move to not cancel the November 23, 2020 and December 28, 2020 Regular business meetings
of the Wheat Ridge City Council due to the Thanksgiving and Christmas holidays for the following
reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
ITEM NO: 1e
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 56-2020 - A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT WITH JEFFERSON COUNTY FOR CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ __________________________ Administrative Services Director City Manager ISSUE: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020 with an overall relief package of $2.3 trillion. Of the $150 billion designated for
states and eligible units of government, Jefferson County received approximately $101 million in
CARES Act funding. The County then shared approximately $2.46 million with the City of Wheat Ridge per an intergovernmental agreement (IGA) signed on May 11, 2020. The County has requested an amendment to the IGA that extends the deadline for the City to return unused funds from September 1 to November 1 and specifies subrecipient reporting information.
PRIOR ACTION:
Council approved Resolution 29-2020 on May 11, 2020 entering into the IGA with Jefferson County. FINANCIAL IMPACT:
The City has received $2,463,142 in CARES Act federal funding through Jefferson County and
is intends to spend the full allocation and therefore did not return any funds on November 1. The City has submitted monthly reports and receipts to the County since May and has reported a total
CAF – CARES Act Local Government Distributions IGA Amendment November 9, 2020
Page 2
of $1,852,329 of CARES Act eligible expenses to date. The remaining funds will be spent on PPE, sanitation, improvements to teleworking, facility upgrades and modifications, and payroll
expenses including staffing resources diverted to the pandemic and federally mandated paid
leaves due to COVID.
BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of-state visitor to Summit County who was transported to Jefferson County and on March 10, 2020,
the first Jefferson County resident tested positive for COVID-19, with two additional cases
reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus and its transmission within the community.
On March 13, 2020, the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the pandemic was expected to exceed Jefferson County’s available resources. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and
Economic Security Act, (the “CARES Act”), which established a $150 billion Coronavirus
Relief Fund to make payments from the Fund to States and eligible units of local government. Jefferson County has a population in excess of 500,000 people and therefore was an eligible unit of local government under the CARES Act, and, as a result, the County requested direct payment
of its share of the Fund from the US Department of the Treasury on April 17, 2020.
Jefferson County recognized that cities within the County would also have increased expenditures due to COVID-19, and therefore shared Jefferson County’s allocation with them.
Jefferson County mirrored the 55%/45% split utilized in the CARES Act for State/Local
government distribution to share with local Jefferson County jurisdictions on a per capita basis. On May 11, 2020, Wheat Ridge City Council approved the IGA with Jefferson County in order
to receive the City’s $2,463,142 allocation. After further guidance from the US Department of the Treasury, Jefferson County has amended
the original IGA with two provisions:
1. The original IGA stipulated the date for the City to return unused funds to the County was September 1. This has been updated to November 1. The City did not return any unused funds because the full amount will be spent on eligible expenses. 2. The amendment adds subrecipient reporting information that applies to any entity that
receives more than $50,000 in funding from the CARES Act allocation moving forward.
RECOMMENDATIONS: Staff recommends approval of the resolution approving the amendment to the IGA with
Jefferson County.
CAF – CARES Act Local Government Distributions IGA Amendment November 9, 2020
Page 3
RECOMMENDED MOTION: “I move to approve Resolution No. 56-2020, a resolution approving an amendment to the
intergovernmental agreement with Jefferson County for CARES Act local government
distributions.”
Or, “I move to table indefinitely Resolution No. 56-2020, a resolution approving an amendment to
the intergovernmental agreement with Jefferson County for CARES Act local government
distributions for the following reason(s) ______________________________________.” REPORT PREPARED BY:
Allison Scheck, Administrative Services Director
Patrick Goff, City Manager ATTACHMENT 1. Resolution No. 56-2020
2. Exhibit 1 – IGA amendment with Jefferson County
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 56
Series of 2020
TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY FOR CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS
WHEREAS, on March 27, 2020, the United States Congress adopted the
Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) which
established a $150 billion Coronavirus Relief Fund; and
WHEREAS, Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of local government under the CARES Act and Jefferson
County requested direct payment of its share of funding from the US Department of the
Treasury on April 17, 2020; and
WHEREAS, on May 11, 2020, the City Council adopted Resolution No. 29, Series 2020, which approved an intergovernmental agreement with Jefferson County to enable the County to disburse to the City of Wheat Ridge a portion of the CARES Act funding; and
WHEREAS, the County and the City wish to amend the Agreement to extend the
deadline date for return of any unused of funds and to add a requirement for
subrecipient reporting.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. First Amendment to IGA Approved. The Council hereby
approves the First Amendment to Intergovernmental Agreement attached hereto as
Exhibit 1.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 9th day of November 2020.
________________________________ Bud Starker, Mayor
ATTEST:
________________________________
Steve Kirkpatrick, City Clerk
Exhibit 1
First Amendment to Intergovernmental Agreement
[attached]
1
TM20-1087
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT – CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS (this “First Amendment”), dated for reference purposes only this 14th day of October, 2020, is made by and between COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and the CITY OF WHEAT RIDGE, STATE OF COLORADO a quasi-municipal corporation and
political subdivision of the State of Colorado (the “Local Government”). The County and the Local Government shall be referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
RECITALS
A. On May 19, 2020, the County and the Local Government entered into that certainIntergovernmental Agreement – CARES Act Local Government Distributions (the “Agreement”). The Parties now desire to amend the Agreement to add additional terms as set forth herein.
B.Capitalized terms not otherwise defined herein shall have the meaning as set forthin the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises herein contained, the Parties agree as follows:
1. Use of Funds Deadline Extended. The Agreement required that any unused Fundswould be returned to the County by September 1, 2020. The Parties hereby amendSections 5(a) and 5(e) of the Agreement to extend the deadline to return unexpended
Funds to the County to November 1, 2020. If the Local Government has not
submitted a plan for the use of the Local Fund Distribution Amount on or beforeNovember 1, 2020, then the County shall proceed with the return of the unused fundsas contemplated in Section 5(e) of the Agreement.
2. Subrecipient Reporting. A new Section 10 is added to the Agreement as follows:
“10. Subrecipient Reporting.
a.Subrecipient Information. For purposes of this Agreement and in conformancewith the CARES Act, “subrecipients” are any entity to which the County issues a
contract, grant, loan, direct payment or transfer to another government entity of
$50,000 or more. The County is required to monitor and manage subrecipients asdefined in 2 CFR 200.330 to 200.332. To that end the following information isadding to the Agreement for compliance purposes:
EXHIBIT 1
ATTACHMENT 2
2
TM20-1087
Subrecipient Identifier: 1002391 Subrecipient DUNS Number: 076476423 Federal Award Identification Number (FAIN): SLT0189 Federal Program: Coronavirus Relief Fund Federal Award Identification: United States Treasury Department Catalog of Federal Domestic Assistance (CFDA) Number: 21.019 Federal Award Project Description: CARES Act Local Government Distributions This is not a research and design award.
There is no indirect cost rate for the Federal award. b. Subrecipient Subaward. The Local Government, if acting as a pass-through entity for subrecipient subawards must ensure that the following information is clearly identified to every subrecipient for each separate award. The pass-through entity
(Local Government) must provide information to describe the Federal award and subaward. §200.331. Information required to be collected by the Local Government include: (i) Subrecipient’s unique entity identifier;
(ii) Federal Award Identification Number (FAIN); (iii)Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); (iv) CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number
at time of disbursement; (v) Identification of whether the award is Research and Design; and (vi) Indirect cost rate for the Federal award (including if the de minimis rate is charged).”
3. Conflicts. Except as modified by this First Amendment, every other term and condition of the Agreement shall remain in full force and effect. 4. Governing Law and Venue. This First Amendment shall be governed by the laws of
the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in the District Court for Jefferson County, Colorado.
5. Counterparts. This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument. Electronic or facsimile delivery of a fully executed copy of the
signature pages below shall constitute an effective and binding execution of this Agreement.
6. Authorization. The Parties hereto stipulate and represent that all procedures necessary to authorize the execution of this Agreement have been performed and that
the persons signing for each Party have been authorized to do so.
3
TM20-1087
7. Electronic Signatures. The Parties approve the use of electronic signatures for execution of this Amendment. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly authorized and executed. COUNTY OF JEFFERSON, STATE OF COLORADO
By: ____________________________________ Lesley Dahlkemper, Chairman Board of County Commissioners
Date: ______________ APPROVED AS TO FORM: _______________________________
Kourtney K. Hartmann Deputy County Attorney
4
TM20-1087
CITY OF WHEAT RIDGE, STATE OF COLORADO
By: _____________________________ Bud Starker, Mayor Date: ____________________________
Attest: Steve Kirkpatrick, City Clerk
APPROVED AS TO FORM: _______________________________
Gerald Dahl City Attorney
ITEM NO: 2
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 19-2020 – AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF WEST I-70 FRONTAGE ROAD NORTH AND WARD ROAD FROM AGRICULTURAL-TWO (A-2) TO PLANNED MIXED USE DEVELOPMENT (PMUD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-03 / WARD ROAD POND)
PUBLIC HEARING ORDINANCES FOR 1ST READING (10/12/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/09/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-Two (A-2) to Planned
Mixed Use Development (PMUD) with an Outline Development Plan for property located at the
southeast corner of W. I-70 Frontage Road North and Ward Road. The zone change will allow for a variety of commercial, residential, and recreational uses on the property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2020 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting are
attached. FINANCIAL IMPACT:
Fees in the amount of $3,641.63 were collected for the review and processing of Case No. WZ-
19-03. If the development advances, next steps would include a Specific Development Plan,
Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD November 9, 2020
Page 2
subdivision, and building permits; review fees, use tax, and parkland dedication fees would be paid as part of those processes.
BACKGROUND:
The subject property is located at the southeast corner of the I-70 Frontage Road North and Ward Road, bordering Interstate 70 to the south, Ward Road to the west, I-70 Frontage Road to the north, and an adjacent pond property to the east. The property is approximately 22.73 acres and is currently vacant, largely consisting of a pond commonly referred to as Ward Road Pond.
Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Across Ward Road to the west are several properties zoned Commercial-One (C-1) including a large Kaiser Permanente office
and four additional office/flex buildings. Across the frontage road to the north are several
properties zoned Industrial Employment (I-E). To the east is the adjacent pond property, which is zoned PID and part of the larger Lakemont Center PID which includes the development to the north of the frontage road in that area. The adjacent pond property has not developed but is zoned for a variety of uses including hotel and commercial. To the south is I-70 and the off-ramp to Ward Road.
The Wheat Ridge ∙ Ward commuter rail station for the RTD G Line is located approximately a ½ mile walk away from the subject site. That distance will be reduced further when the City completes the trail and pedestrian bridge on the west side of Lakemont Center connecting the frontage road directly to the station.
Current and Proposed Zoning The property is currently zoned Agricultural-Two (A-2), which predates the City’s incorporation. The A-2 zoning allows estate lot residential uses and agricultural uses only.
Because the site exceeds one (1) acre in size, the only zone change option is to a planned development or to a mixed-use straight zone district. In this case, the site has unique
characteristics, including steep topography, three street frontages, and a pond; so a planned development is the most appropriate option
The proposed Planned Mixed Use Development (PMUD) ODP would split the site into two
“planning areas.” Planning Area 1 (PA-1) will be located on the land adjacent to the corner of the frontage road and Ward Road and will be approximately 5 acres. Planning Area 2 (PA-2) will contain the balance of the site, including the pond, some of its banks, and the spit of land on the east side of the pond, totaling nearly 18 acres. The dividing line between the two planning areas
is the approximate location of one of the ditches that traverses the site on the slope, traveling
from the southwest to the northeast. Uses permitted by the ODP vary depending on the planning area. PA-1 allows a wide variety of uses, including residential, public, commercial, hospitality, and offices. PA-2 does not allow residential uses but would also allow the sale of boats to take advantage of the water surrounding
Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD November 9, 2020
Page 3
the developable land. The full list of uses are shown on page 2 of the ODP document, which is an exhibit in the attached Planning Commission Staff Report.
With the ½-mile proximity to the transit station, the list of permitted uses was developed using
the MU-C TOD zone district as a basis and with some modifications. The ODP prohibits drive-thrus from both planning areas. Industrial uses are also prohibited. Outdoor storage in association with recreational/retail uses is permitted in PA-2, with limitations. The permitted uses seek to
balance the site’s proximity to transit, access to water, visibility from the interstate, and
adjacency to a state highway. A complete analysis of the zone change criteria and the ODP are included with the ordinance for second reading in the Planning Division staff report.
Related Applications
Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second
document is the Specific Development Plan (SDP), which focuses on specific details of a
development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the
ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting sequential review of the ODP and SDP. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a
result, the applicant is entitled to a public hearing on the application.
Rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate
the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request.
RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2020, an ordinance approving the rezoning of property located at the southeast corner of W. I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline
Development Plan (ODP), on second reading, and that it takes effect 15 days after final
publication, for the following reasons:
Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD November 9, 2020
Page 4
1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing.
2. The proposed rezoning has been reviewed by the Community Development Department,
which has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303 of the Code of Laws. Or,
“I move to deny Council Bill No. 19-2020, an ordinance approving the rezoning of property located at the southeast corner of W. I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline
Development Plan (ODP), for the following reasons: ______________ and direct the City
Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY:
Scott Cutler, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 19-2020
2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 19
ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF W. I-70
FRONTAGE ROAD NORTH FROM AGRICULTURAL-TWO (A-2) TO PLANNED MIXED USE DEVELOPMENT (PMUD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-03 / WARD ROAD POND ODP) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, JMS Lake Holdings LLC submitted a land use application for
approval of a zone change to the Planned Mixed Use Development (PMUD) District for
property at the southeast corner of W. I-70 Frontage Road North and Ward Road; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Northwest Subarea Plan, and TOD vision documents which call for transit supportive uses including residential development to support the viability of nearby businesses and
employers, and recreational and commercial employment uses; and, WHEREAS, the proposed development is compatible with the surrounding area, balances the site’s proximity to transit, access to water, visibility from the interstate, and adjacency to a state highway, and complies with the comprehensive plan; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on October 1, 2020 and voted to recommend approval of the rezoning of the property to Planned Mixed Use Development (PMUD),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by JMS Lake Holdings LLC for approval of a zone
change ordinance from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) for property located at the southeast corner of W. I-70 Frontage Road North and Ward Road, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
TRACTS 9, 10, 11, & 12, NICHOLAS GARDENS, EXCEPT THAT PORTION CONVEYED TO THE DEPT. OF
HIGHWAYS, STATE OF COLORADO, IN A DEED RECORDED FEBRUARY 21, 1968 IN BOOK 1999 AT PAGE 368.
A PORTION OF THE NORTHEAST ¼ OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
COUNTY OF JEFFERSON, STATE OF COLORADO, CONTAINING 22.73 ACRES MORE OR LESS (990,248.38 SF
+/-)
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of October 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, November 9, 2020 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this 9th day of November, 2020. ___________________________ Bud Starker, Mayor
ATTEST:
___________________________ Steve Kirkpatrick, City Clerk Approved as to Form
___________________________ Gerald E. Dahl, City Attorney
First Publication: October 15, 2020 Second Publication: November 12, 2020
Jeffco Transcript
Effective Date: November 27, 2020 Published:
Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission 1Case No. WZ-19-03 / Ward Pond ODP
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: October 1, 2020 (Planning Commission) / November 9, 2020 (City Council)
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WZ-19-03 / JMS Lake Holdings LLC ODP (Ward Road Pond ODP)
ACTION REQUESTED: Approval of a zone change from Agricultural-Two (A-1) to Planned Mixed Use Development (PMUD) with approval of an Outline Development Plan (ODP).
LOCATION OF REQUEST: Southeast Corner of I-70 Frontage Road North and Ward Road
APPLICANT/OWNER (S): JMS Lake Holdings LLC (Mark Jolstad)
APPROXIMATE AREA: 990,248 square feet (22.73 acres)
PRESENT ZONING: Agricultural-Two (A-2)
COMPREHENSIVE PLAN: Mixed-Use Employment
ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-19-03 / Ward Pond ODP
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST Case No. WZ-19-03 is an application for approval of a zone change with an Outline Development Plan (ODP) for property located at the southeast corner of the Interstate 70 Frontage Road North and Ward
Road. The purpose of the request is to change the zoning from Agricultural-Two (A-2) to Planned
Mixed Use Development (PMUD) to allow for a variety of commercial and residential uses on the property. Because the site exceeds one (1) acre in size, the only zone change option is to a planned development
or to a mixed-use straight zone district. In this case, the site has unique characteristics, including steep
topography, three street frontages, and a pond; so a planned development is the most appropriate option. Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan (ODP). The approval of the ODP changes the zoning designation on the land, establishes allowed uses and development standards for the property,
and establishes access configurations for vehicles and pedestrians. The second document is the
Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP in order to be approved.
Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP
and SDP. In this case, the applicant is requesting sequential review of the ODP and SDP. The ODP document requires public hearings before the Planning Commission and City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. The SDP application will be heard at Planning Commission, who is the final deciding body
for SDP approval. There may be one or more SDPs depending on whether development is phased.
II. EXISTING CONDITIONS/PROPERTY HISTORY The site is located at the southeast corner of the I-70 Frontage Road North and Ward Road (Exhibit 1,
Aerial). The site borders Interstate 70 to the south, Ward Road to the west, I-70 Frontage Road to the
north, and an adjacent property zoned Planned Industrial Development (PID) to the east. The property is approximately 990,248 square feet (22.73 acres), is in the Nicholas Gardens subdivision, and is currently vacant.
The site’s primary feature is a large pond that takes up the majority of the site. It is commonly referred
to as Ward Road Pond. The site slopes steeply from the frontage road down to the pond (Exhibit 2,
Topography). The majority of the land on the site is located northeast of the pond towards the corner of the frontage road and Ward Road. It is traversed by two irrigation ditches and a gravel access road. A spit of land separates Ward Road Pond from another pond to the east, which is under separate
ownership. The spit of land widens to form a rectangular portion that extends into Ward Road Pond.
In the 1960s, the site was used as a gravel quarry for the construction of I-70. The property was owned by the City of Arvada from 1974 to 2016, and for a period of nearly 30 years it was leased to Colorado Parks and Wildlife. They stocked the pond for fishing, but discontinued their lease and the fishing
Planning Commission 3 Case No. WZ-19-03 / Ward Pond ODP
pond access in 2015. Fishing access utilized a dirt parking lot (now overgrown) at the northwest corner of the site, but the property was never improved further and is currently vacant. Surrounding properties include a variety of land uses and zoning (Exhibit 3, Zoning Map). Across
Ward Road to the west are several properties zoned Commercial-One (C-1) including a large Kaiser
Permanente office and four additional office/flex buildings. Across the frontage road to the north are several properties zoned Industrial Employment (I-E). To the east is the adjacent pond property, which is zoned PID and part of the larger Lakemont Center PID which includes the development to the north of the frontage road in that area. The adjacent pond property has not developed but is zoned for a
variety of uses including hotel and commercial. To the south is I-70 and the off-ramp to Ward Road.
The Wheat Ridge ∙ Ward commuter rail station for the RTD G Line is located approximately a ½ mile walk away from the subject site. That distance will be reduced further when the City completes the trail and pedestrian bridge on the west side of Lakemont Center connecting the frontage road directly
to the station.
III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan for the site, which contains two sheets
(Exhibit 4, Outline Development Plan). The first page is a cover sheet with certification and signature
blocks for the property owners, Planning Commission, City Council, and the Mayor. There is also a character of development statement, development standards, planning area standards, open space requirements, and other standard notes. The second page includes the conceptual layout of the property, including access, open space, and planning areas. It also contains a list of proposed permitted
uses in each planning area. As noted above the ODP is a property-specific zoning document that
establishes the underlying development standards. These are described below, would run with the land if approved, and cannot be changed without going through a subsequent zone change process. Site Configuration and Access The large site is proposed to be split into two “planning areas.” Planning Area 1 (PA-1) will be located
on the land adjacent to the corner of the frontage road and Ward Road and will be approximately 5 acres. Planning Area 2 (PA-2) will contain the balance of the site, including the pond, some of its banks, and the spit of land on the east side of the pond, totaling nearly 18 acres. The dividing line between the two planning areas is the approximate location of one of the ditches that traverses the site
on the slope, traveling from the southwest to the northeast.
The portion of frontage road adjacent to the site is under City controlled right-of-way, while Ward Road and the Interstate are both under the control of the Colorado Department of Transportation (CDOT). CDOT will allow only an emergency access on Ward Road, so public vehicular access is
proposed to come exclusively from the I-70 Frontage Road. PA-1 will have one primary access point
approximately halfway between Ward Road and Van Gordon Street. PA-2 will have one access point at the far east side of the site, with a drive aisle along the spit of land to reach the developable site. The PA-2 access point is not located within the subject site; rather it traverses “Tract A” of the
Lakemont Center PID which contains a platted access and utility easement. Staff and the City Attorney
have reviewed the access, and are of the opinion that the zoning and subdivision documents for the adjacent property (Lakemont Center) grant sufficient access in this location. Tract A is almost entirely encumbered by access and utility easements and is not developable for any other purpose.
Planning Commission 4 Case No. WZ-19-03 / Ward Pond ODP
Allowable Uses Uses permitted by the ODP vary depending on the planning area. PA-1 allows a wide variety of uses, including residential, public, commercial, hospitality, and offices. PA-2 does not allow residential uses but would also allow the sale of boats to take advantage of the water surrounding the developable land.
The full list of uses are shown on page 2 of the ODP document.
With the ½-mile proximity to the transit station, the list of permitted uses was developed using the MU-C TOD zone district as a basis and with some modifications. The ODP prohibits drive-thrus from both planning areas. Industrial uses are also prohibited. Outdoor storage in association with
recreational/retail uses is permitted in PA-2, with limitations. The permitted uses seek to balance the
site’s proximity to transit, access to water, visibility from the interstate, and adjacency to a state highway. Development Standards The development standards proposed are on page 1 of the ODP document, with some references to the
map on page 2.
Building Coverage and Setbacks – The maximum building coverage in PA-1 is 70%. This site is smaller at approximately 5 acres and will allow a larger building. An approximate footprint of the
building is shown on page 2 of the ODP. PA-1 has build-to requirements in lieu of building setbacks to
encourage the building to be constructed close to the streets, creating a more walkable and urban environment. At least 20% of the building must be within 0’-20’ of the property line on the frontage road, and 30% of the building must be within 0’-20’ of the property line on Ward Road. This requirement will result in a building at the hard corner, with access/parking behind or on the side.
Mixed-use zone districts typically require 30-50 percent build-to zones, but due to the prominent slope
easement along the frontage road and the length of PA-1, the 20-30 percent requirement was deemed more appropriate for this site and will still achieve the desired urban design. PA-2 does not have a maximum building coverage outlined in the ODP, but is still limited to the
approximate footprint shown on page 2. Any additional development in PA-2 would require an
amendment to the ODP, which is considered a new rezoning application. PA-2 also has a limited footprint due to the size of the pond and the need for an access road across the spit to the development site. Any building in PA-2 would need to be set back 10 feet from the eastern property line.
Parking – The ODP states that parking shall comply with Section 26-1109 of the City Code, which is
the parking standard for mixed-use zone districts. In addition, parking for multi-use buildings should be located at the rear or side of buildings and structured parking is encourage where practical. Freestanding commercial buildings may provide surface parking in compliance with the code. Specific parking amounts will be determined at time of SDP and are based on the square footage, uses, and/or
amount of residential units.
Building height – The maximum building height for PA-1 is 90 feet, or 6 stories, whichever is more restrictive. This helps allow multi-story development on a steeply sloped site. This maximum height is consistent with the allowed maximum height in the MU-C TOD zone district, but taller than the
maximum height in the adjacent C-1 zone district of 50 feet. However, there are no adjacent residential
properties that would be impacted by a 6-story building. The maximum height in PA-2 is 35 feet, or 3 stories. Again the standards are balancing the site’s infill location between the transit station and interstate.
Planning Commission 5 Case No. WZ-19-03 / Ward Pond ODP
Architecture – Building design is expected to comply with the City’s Architectural and Site Design Manual (ASDM) and will be reviewed at time of SDP. Open space – The ODP requires the site to include a publicly-accessible multi-use trail connecting to
the City’s future linear park north of the frontage road, with a connection to Ward Road as shown on
page 2 of the ODP. The ODP also proposes a minimum size of 5 acres for the pond, which also can serve as a stormwater management facility. If a future developer wishes to fill a portion of the pond for future development, a new ODP would be required at that time to establish development standards and land use concepts for that additional developable area. The concept plan on sheet 2 accounts only for
the current developable area based on the current size of the pond (approximately 11.5 acres). The
minimum pond size was recommended by staff in order to preserve open space and the water amenity on the site, even in the event future development is proposed. In additional to overall open space requirements, the ODP also requires each planning area contain at
least 15% landscape coverage which shall be otherwise in conformance with Section 26-502 of the
City Code, which discusses landscaping requirements. This landscaping area can include the areas identified as open space on page 2 of the ODP, but not the pond itself. A large portion of the slope is proposed to be preserved as open space, located primarily on the north side of the pond between it and PA-1. Some of the slope along the frontage road is placed in a slope easement which was established
with the construction of the road.
Code compliance – In all other areas, the project is proposed to comply with the zoning code including lighting, fencing, streetscape design, and signage. Outdoor storage is permitted in PA-2 in association with boat sales, and must comply with Section 26-628 of the City Code which largely pertains to
screening.
Drainage As part of the zoning application, the applicant was required to submit a Preliminary Drainage Plan & Letter which provides a conceptual proposal for accommodating stormwater runoff. On-site water
quality and detention will be provided to treat and capture runoff from new impervious surfaces and to
capture any historical runoff flows; the pond can be used for detention. The Engineering Division has no concerns with the preliminary drainage plan. A full drainage report and final design will be required at the time of SDP application(s).
Traffic Staff required inclusion of a Traffic Impact Study with the ODP application which was reviewed by the Engineering Division. As the site is currently vacant, any development on the site will result in a net increase of traffic. The trip generation report is speculative, but it assumed the land uses with the
highest trip generation. This means it assumed the most intensive mix of development permitted by the
ODP to calculate potential trip amounts, including multifamily housing, commercial retail, recreational vehicle sales (similar to boat sales), and a restaurant use. The development has the potential to add about 2,362 daily trips, with 125 of those occurring in the morning peak hour, and 226 in the afternoon peak hour.
The study also includes an analysis of the distribution of trips or a prediction of where vehicles will go when they leave the site. It predicts that most vehicles will exit the site and travel to the signalized frontage road and Ward Road intersection, since there will not be any public access allowed directly
Planning Commission 6 Case No. WZ-19-03 / Ward Pond ODP
onto Ward Road. About 30% of the trips are predicted to utilize Tabor Street off the frontage road and east of the site. The total trip count has to be considered in the context of its proximity to a major highway
interchange. Current traffic counts at Ward and the frontage road during the morning peak hour were
observed at 3,132 (as noted this site is expected to add 125 to the morning peak). Traffic in the area is expected to increase by 2040, and the additional trips from this site are expected to have little impact on the overall transportation system. The study specifically states: “…the addition of site-generated traffic is expected to contribute no significant impact to traffic operations for the existing and
surrounding roadway system.” After a review of the study, the Engineering Division agrees with the
findings in the report and has no concerns about the existing roadways. At this time, staff is not recommending that the applicant be responsible for specific upgrades to the adjacent roadways beyond routine streetscape enhancements.
As noted, the site is also located nearby the Wheat Ridge ∙ Ward commuter rail station, which has the
potential to allow for a reduction in traffic generated by multifamily housing if people choose to walk or carpool to the transit station. The area is seeing several significant upgrades to the pedestrian network, including the future pedestrian trail/bridge and sidewalks along Ward Road, the I-70 Frontage Road, and further north on 52nd Avenue due to adjacent development.
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. The applicant also provided a response to the criteria (Exhibit 6, Applicant Letter). The Planning Commission shall
base its recommendation in consideration of the extent to which the following criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The proposed development is compatible in terms of land use with the surrounding land uses, and
complements the natural features of the site by preserving a significant amount of open space and providing pedestrian amenities. The surrounding area is largely commercial and industrial in nature, so development on this site will not have an adverse effect on the surrounding area.
The site has long been vacant for many years, and the area surrounding it has seen major changes
in the past 5 years in preparation for the opening of the commuter rail station, including significant residential and commercial development. The proposed zoning and subsequent investment are an appropriate use and will not have an adverse effect. The proposed zoning promotes the health, safety, and welfare of the community and balances the site’s proximity to transit, access to water,
visibility from the interstate, and adjacency to a state highway.
Staff concludes that this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions.
The site’s current A-2 zoning appears on the City’s earliest zoning maps and is a vestige of its past as a gravel quarry. In today’s context, it is an atypical zoning designation for a property with adjacency to an interstate and ½-mile proximity to a commuter rail station. . Under A-2, the
Planning Commission 7 Case No. WZ-19-03 / Ward Pond ODP
property could be developed for single-family homes on lots of one acre or more, or be used for agricultural purposes. Any other development on the site would require a rezoning to a more permissive zone district.
Section 26-301.B.1 of the City Code requires any application for a zone change for commercial
purposes to be to a planned development or mixed-use zone district. Given the proposed variety of uses, the surrounding conditions, the unique topography and presence of a large pond, the PMUD zoning is the most appropriate zone change option. It will also
allow the applicant to commit to customized standards for the site, including a customized list of
permitted uses and open space requirements. While a mixed-use zoning may be more feasible for other sites in the area, the effect the topography and water have on opportunities for development on the site is substantial and lends itself better to a planned development.
Staff concludes that this criterion has been met.
3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Service providers and utility districts have indicated that they have no concerns with the proposal
and have indicated they can serve the property with improvements installed at the developer’s expense. The development of the site will build sidewalks and curb ramps along the street frontages of the site. Exact requirements will be imposed at time of the SDP and subdivision plat review, to comply with the City’s Streetscape Design Manual.
Staff concludes that this criterion has been met.
4. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area. Within Envision Wheat Ridge (the City’s comprehensive plan) the Structure Plan map provides high-level guidance for achieving the City’s vision by designating development priorities and
future land areas (Exhibit 4, Comprehensive Plan). The “mixed-use employment” designation encompasses the entire Ward Road Pond site as well as all of the area within approximately ½ mile of the Wheat Ridge ∙ Ward commuter rail station. While not immediately on the site, the map also specifically labels the TOD site as an employment/commercial center. The designation encourages mixed-use development that emphasizes employment complemented
with commercial/retail and multifamily housing in a transit-oriented, pedestrian-friendly setting. Buildings in these areas are permitted to be higher intensity than other parts of Wheat Ridge. The more recent Northwest Subarea Plan (2013) depicts the future land use for the subject site
as open space, which on the surface conflicts with the comprehensive plan. The plan does describe, however, that the site was selected as a potential open space location because it
Planning Commission 8 Case No. WZ-19-03 / Ward Pond ODP
currently existed as open space. The plan also has a disclaimer that the land use map is intended to be flexible and allow for a variety of development options. The 2017 TOD Vision document depicts the site as containing a mix of office (at the corner of
Ward/Frontage) and recreational uses with a potential regional park containing both ponds.
After approval of the 2E bond funds, staff explored the viability of a publicly-owned regional park and determined it to be infeasible based on ownership, cost, and site constraints. While a specific, consistent vision for the subject site does not exist across these three planning
documents, the ODP attempts to provide a mix of uses that addresses the desires for the greater
TOD area. Specifically, the ODP designates a large portion of the lakeshore as open space, and requires the developers of the planning areas to include a publicly accessible pedestrian trail to complement the City’s nearby infrastructure investments. Both planning areas permit public and private recreational uses with a public trail and private boat enterprise. Office/employment
uses are also permitted in both planning areas.
While residential uses are not specifically called out in any document, the site’s proximity to the commuter rail station and to other mixed-use zone districts makes it a very viable residential development site. The City understands that “retail follows rooftops” and in order to
encourage a mix of employment and retail uses in the TOD area, some residential uses are
necessary as transit supportive uses and to support the viability of nearby businesses and employers. With this entitlement, the transit station is essentially bookended by transit supportive densities at the north and south ends of the subarea, with a rich diversity of employment uses in between.
Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff finds no evidence of an error on the official zoning maps. Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The area has seen an increasing interest in development, including the adjacent Lakemont
Center property. A large amount of public and private investment is taking place in the area
that makes the underlying Agricultural zoning less relevant; the viability of actual agriculture taking place on the site is also dubious given the slope and other existing conditions. The City’s investment in the area through the 2E bonds will improve roads in the area, primarily north of the train tracks, and create better conditions for walkable and transit-oriented development. The
future pedestrian trail and bridge will directly link this site with the commuter rail station and
dense infill development to the north of the tracks. The Ridge at Ward Station and the Hance Ranch developments are providing hundreds of market-rate townhomes within ¼ mile of the commuter rail station. Commercial and industrial sites are also being developed or reinvested in, including 12060 W. 52nd Avenue this year, and a new building in Lakemont Center in 2018.
Planning Commission 9 Case No. WZ-19-03 / Ward Pond ODP
The investments and changes complement the diversity of land uses in the area and strengthen the residential and commercial markets.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
As described in Criteria A above, the City’s comprehensive plan was developed in 2009 in the very early stages of planning for the TOD area. FasTracks was approved by Denver area voters in 2004, and the Environmental Impact Statement (EIS) for the G Line occurred from 2007 to 2009 through which a final alignment for the Gold Line was determined. In 2011, the City
entered an intergovernmental agreement with RTD which included design parameters for the
station. It wasn’t until September 2014 that the City approved a special use permit for the site design of the Wheat Ridge ∙ Ward Station. The G Line and station did not open until April 2019 nearly 10 years after adoption of the comprehensive plan.
The City has long anticipated a mix of uses in and around the potential transit station, but the
specific demand for and location of residential uses could not have been fully anticipated by the comprehensive plan or the Northwest Area plan based on the timeline and evolution of the RTD G Line. The City has since refined a vision for residential and employment and uses, and this zone change is necessary to provide transit-supportive uses that fulfill that vision.
Staff concludes that this criterion is has been met.
Staff concludes that the criteria used to evaluate zone change support this request. VII. NEIGHBORHOOD MEETING & PUBLIC INPUT
Pursuant to Section 26-109 of the Code of Laws, the applicant notified all property owners and residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required prior to submittal of an application for a zone change.
The neighborhood input meeting was held on June 11, 2019. One (1) member of the public, an adjacent business owner, attended the meeting in addition to the applicant and staff. A summary of the meeting is attached in Exhibit 7, Neighborhood Meeting Notes.
Public noticing is required prior to public hearings. If any comments are provided prior to the Planning
Commission public hearing on October 1, they will be entered into the record and distributed to Commissioners at the public hearing. Comments collected on Wheat Ridge Speaks will also be reviewed by Planning Commissioners and entered into the public record. VIII. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow:
Planning Commission 10 Case No. WZ-19-03 / Ward Pond ODP
Wheat Ridge Engineering Division: No concerns with the ODP. Access configuration is supported as is preliminary drainage. Wheat Ridge Economic Development: No comments at this time.
Arvada Fire Protection District: No objections, can serve. Specific comments to be provided at time of SDP. Valley Water District: No objections, can serve. Specific comments to be provided at time of
SDP.
Fruitdale Sanitation District: Specific comments to be provided at time of SDP. Xcel Energy: No objections, can serve.
Century Link: No comments. Comcast: No comments.
Colorado Department of Transportation: No concerns with the ODP plans, since access
onto Ward Road is limited to emergencies only. CDOT to review construction plans at time of SDP and/or building permit. Mile High Flood District: No concerns.
IX. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the zone change criteria. Because the requirements for an ODP have been met and the review criteria
support the ODP, a recommendation for approval is given.
X. SUGGESTED MOTIONS – ZONE CHANGE (ODP) Option A: “I move to recommend APPROVAL of Case No. WZ-19-03, a request for approval of a zone change
from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property located at the southeast corner of I-70 Frontage Road and Ward Road, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community
and does not result in an adverse effect on the surrounding area.
2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and its vision for transit supportive uses in the Northwest Subarea. 3. The proposed zoning and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development.
4. The infrastructure in the area can support the development.
5. The proposed zoning balances the site’s proximity to transit, access to water, visibility from the interstate, and adjacency to a state highway. 6. The criteria used to evaluate a zone change support the request.
Planning Commission 11 Case No. WZ-19-03 / Ward Pond ODP
Option B: “I move to recommend DENIAL of Case No. WZ-19-03, a request for approval of a zone change from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property located at the southeast corner of I-70 Frontage Road and Ward Road, for the
following reasons: 1…, 2….”
Planning Commission 12 Case No. WZ-19-03 / Ward Pond ODP
EXHIBIT 1: AERIAL
G Line Station
Planning Commission 13 Case No. WZ-19-03 / Ward Pond ODP
Index contours are shown in brown/orange. Each line represents 5 feet in elevation. The site slopes steeply from the frontage road down to the pond dropping over 50 feet from an elevation of 5465 to 5415. Much of this sloped area will be preserved by the ODP, and any development on the northwest area of land (PA-1) will be required to work with the topography. The spit of land in PA-2 is flat.
EXHIBIT 2: TOPOGRAPHY
Planning Commission 14 Case No. WZ-19-03 / Ward Pond ODP
EXHIBIT 3: ZONING MAP
Planning Commission 15 Case No. WZ-19-03 / Ward Pond ODP
Attached as an 11x17 document on the following page.
EXHIBIT 4: OUTLINE DEVELOPMENT PLAN
Planning Commission 17 Case No. WZ-19-03 / Ward Pond ODP
The following is an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 5: COMPREHENSIVE PLAN
Subject Property
W. 44th Ave
Ta
b
o
r
S
t
Planning Commission 18 Case No. WZ-19-03 / Ward Pond ODP
EXHIBIT 6: APPLICANT LETTER
Planning Commission 19 Case No. WZ-19-03 / Ward Pond ODP
Planning Commission 20 Case No. WZ-19-03 / Ward Pond ODP
Planning Commission 21 Case No. WZ-19-03 / Ward Pond ODP
Planning Commission 22 Case No. WZ-19-03 / Ward Pond ODP
NEIGHBORHOOD MEETING NOTES Meeting Date: June 11, 2019
Attending Staff: Stephanie Stevens, Senior Planner
Scott Cutler, Planner II
Location of Meeting: City of Wheat Ridge Recreation Center
Property Address: Southeast corner of W. I-70 Frontage Road N and Ward Road
Property Owner(s): JMS Lake Holdings (Mark Jolstad)
Property Owner(s) Present? Yes
Applicant: Mark Jolstad Think Tank
Applicant Present? Yes
Existing Zoning: Agricultural-Two (A-2)
Existing Comp. Plan: Mixed-Use Employment
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, one (1) member of the public attended the neighborhood meeting.
• Staff discussed the site and its zoning.
• The applicant and members of the public were informed of the process for a Planned Development.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearings.
• Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the PMUD request and proposed development:
• Discussion about the adjacent property owner to the east regarding an access easement and their potential refusal to acknowledge it. Can the City enforce a blocked easement? Blocked easements on private property are civil matters to be dealt with between the two property owners. The City acknowledges an access easement across “Tract A” in Lakemont
Center but discussions of the easement need to be between the property owners.
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 23 Case No. WZ-19-03 / Ward Pond ODP
• Discussion about CDOT access easement off of Ward Road.
• Discussion about mixed-use zoning to be developed in 2 phases.
Staff discussed the Planned Development process and recommended a Planned Mixed Use
Development over a straight zone district such as Mixed Use Commercial Transit Oriented
Development (MU-C TOD) due to the developability challenges of the site including topography and water. If the rezoning is approved, the next step would be a Specific Development Plan for each of the two phases.
• Discussion with the applicant about permitted uses.
Staff recommended no conditional uses in the use chart, just show the proposed permitted uses. Processing a conditional use with a planned development is uncommon.
• Does CDOT have an access plan or roadway classification for Ward Road?
Staff was not sure but gave contact information for CDOT representatives. The application will
also be referred to CDOT, and they would have to approve any access and construction in their
right-of-way on Ward Road.
Planning Commission Minutes - 1 –
October 1, 2020
PLANNING COMMISSION Minutes of Meeting
October 1, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:01 p.m. in the City CouncilChambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol Kristine Disney Will Kerns
Ari Krichiver
Daniel Larson Janet Leo Scott Ohm
Jahi Simbai
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Gerald Dahl, City Attorney Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner LARSON and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – September 17, 2020
It was moved by Commissioner DISNEY and seconded by Commissioner LARSON
to approve the minutes of September 17, 2020, as written. Motion carried 7-0-1with Commissioner LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes - 7 –
October 1, 2020
from Commissioner LARSON she clarified that the street will be plowed by the City depending on the amount of snow that falls but HOAs are not permitted to
plow public streets.
Commissioner OHM said he is happy to see the cottonwood trees being removed and hopes that bikers and cars on 32nd will drive and ride safely.
Commissioner DISNEY noted that she was aware of the controversy surrounding
past proposals for the property which included more density, and she thinks the
developer has addressed the community’s issues and delivered what the neighbors requested with high quality single family homes under the existing zoning. It was moved by Commissioner DISNEY and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS-20-01, a request for approval of a major subdivision on property located at the northwest corner of W. 32nd Avenue and Kipling Street and zoned Residential-One (R-1), for
the following reasons:
1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements
installed at the developer’s expense.
With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide
homeowner association covenants for review by staff.
Motion carried 8-0. B. Case No. WZ-19-03: an application filed by JMS Lake Holdings, LLC for
approval of a rezone from Agricultural-Two (A-2) to Planned Mixed Use
Development (PMUD) with approval of an Outline Development Plan (ODP). Mr. Cutler gave a short presentation regarding the rezone and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice
and posting requirements have been met, therefore the Planning Commission has
jurisdiction to hear this case.
Planning Commission Minutes - 8 –
October 1, 2020
Commissioner SIMBAI asked how this property became a part of Wheat Ridge.
Ms. Mikulak clarified that the property has always been located in the City of
Wheat Ridge, but the City of Arvada owned the property for some time. She explained that the City of Arvada offered the City of Wheat Ridge to buy it in 2016, but the City did not have the funds to purchase it or a vision for the site at the time.
Commissioner SIMBAI also asked about the property owner to the east and the
access easement. Mr. Cutler explained there is still some unsolved issues between the two property owners so staff has added a condition to the motion stating that no building permit
or grading and drainage permit may be granted until any sort of defect for access
through the property is resolved. Ms. Mikulak added that there is currently a platted easement and both parties have
indicated a desire to come to a mutual agreement.
Commissioner ANTOL asked staff to address the variety of zoning and land uses
in the area and the compatibility of proposed land uses Ms. Mikulak explained how the proposed permitted uses fit into the City’s vision
and relate to the adjacent uses and transportation infrastructure.
Commissioner LARSON commented that this property is in the early stage of development, but thinks it is highly visible to the highway and Ward Station, and agreed something should be done with the property. He asked if there is enough
space to build an apartment building and recreational space.
Mr. Cutler acknowledged the challenges of the site, confirmed the site design questions will be addressed during the specific development plan, and noted the
site can accommodate the proposed uses. He explained that there are 5 acres in Planning Area 1 where the apartment building will be built and it will be built into
the hillside to work with the existing topography. Ms. Mikulak added that the
minimum parking standards will be established by the ODP and described that the topography lends itself to a parking garage design.
Commissioner DISNEY asked about the pond to the east with the lights and a
sidewalk around it. Ms. Mikulak explained that the owner has had a vision to have a recreational area around the lake and the land is being marketed.
In response to a question from Commissioner OHM, Mr. Jefferies explained the
daily and peak hour trips in the traffic study. Mr. Cutler added because this is a
Planning Commission Minutes - 9 –
October 1, 2020
mixed use development it takes into account the residential and potential commercial trip generation which have different peak hours and result in
distribution of total trips throughout the day.
Commissioner OHM also asked about potential access easements and asked if a portion of the northeast corner of the lake be filled in.
Mr. Cutler said the ODP allows some fill into the lake to allow road access.
Commissioner KERNS asked about the water quality and if the lake is safe to swim in and also inquired if the lake drains into the neighboring lake. Patrick Barrend, Think Tank Studio
Mr. Berrend clarified that the water in the lake is spring fed and a minor percentage of the water is seepage from the irrigation adjacent to it and added the lake does
drain into the adjacent lake.
Citizens Forum:
David Reardan, Denver Resident Colorado River Surfing Assoc.
Mr. Reardan said this company would be in support of the zone change and would like to see the recreational use at this lake in the future. Commissioner OHM asked if Colorado River Surfing Assoc. has had a
conversation with the property owner or staff regarding this case.
Mr. Berrend said he has not had any conversations with Mr. Reardan and Ms. Mikulak added she spoke with Mr. Reardon a week prior and he inquired about the
vision of recreation uses and the status of the two ponds. It was moved by Commissioner KERNS and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WZ-19-03, a request for approval of a zone change from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property
located at the southeast corner of I-70 Frontage Road and Ward Road, for the
following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on
the surrounding area.
Planning Commission Minutes - 10 –
October 1, 2020
2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and its vision for transit supportive
uses in the Northwest Subarea.
3. The proposed zoning and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The infrastructure in the area can support the development.
5. The proposed zoning balances the site’s proximity to transit, access to
water, visibility from the interstate, and adjacency to a state highway. 6. The criteria used to evaluate a zone change support the request. With the following condition: 1. No building permit or grading and drainage permit may be granted until resolution of the claimed defect in access across Tract A is
resolved to the satisfaction of the City Attorney Motion carried 8-0.
8. OLD BUSINESS Ms. Mikulak mentioned that the Let’s Talk survey is now open for Bel Aire and East Wheat Ridge neighborhoods at whatsupwheatridge.com. She gave a brief explanation
about the website. 9. NEW BUSINESS Ms. Mikulak mentioned there will not be a meeting on October 15, but there will be at
least one of the November and one of the December meetings.
10. ADJOURNMENT
It was moved by Commissioner Larson and seconded by Commissioner DISNEY to adjourn the meeting at 9:34 p.m. Motion carried 8-0. __________________________ _______________________________
Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO: 3
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: AN ORDINANCE REPEALING ORDINANCE 1691, SERIES
2020, AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE
PUBLIC HEARING ORDINANCES FOR 1ST READING (10/26/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/09/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE:
A referendum petition has been found to be sufficient with respect to Ordinance 1691, Series 2020, which rezoned property at 9800 W. 38th Avenue. Under Section 6.2(b) of the Charter, the Council is required to either repeal the ordinance or refer the same to the
voters. This ordinance repeals Ordinance 1691. PRIOR ACTION: This ordinance was adopted on first reading on October 26, 2020. FINANCIAL IMPACT:
None
BACKGROUND: Ordinance 1691 rezoned certain real property at 9800 West 38th Avenue from R-1 to
PRD, with an ODP permitting four single family homes and three duplexes. The
Ordinance was adopted on July 13, 2020. A referendum petition was timely filed on August 27, 2020. The City Clerk certified the petition as sufficient, following amendment as permitted by the Charter. Under the Charter, a sufficient referendum petition requires the Council to either repeal the subject ordinance or refer it to the voters of the city “at
Council Action Form – Referral of Ordinance 1691-2020 November 9, 2020
Page 2
the next regular municipal election, or at a special election called therefor.” Council has chosen to repeal the ordinance, and this Ordinance doing so was adopted on first reading
on October 26, 2020
RECOMMENDATION: Adopt the ordinance on second reading with an immediate effective date. RECOMMENDED MOTIONS:
“I move to approve Council Bill No. 20-2020, an ordinance repealing Ordinance 1691, Series
2020 on second reading, order it published, and that it take effect immediately upon adoption.” Or,
“I move to postpone indefinitely Council Bill No. 20-2020, an ordinance repealing Ordinance 1691, Series 2020 for the following reason(s)_________________________________.” REPORT PREPARED/REVIEWED BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill 20-2020 repealing Ordinance 1691, Series 2020
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 20
ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE REPEALING ORDINANCE 1691, SERIES
2020, AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 9800 W. 38TH AVENUE
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, under Section 6.2 of the Home Rule Charter, the registered electors
of the City may require that an adopted ordinance be repealed or in the alternative be referred to them at an election under the power reserved by Article V, Section 1(9) of
the State Constitution; and
WHEREAS, on July 13, 2020, the City Council approved Ordinance 1691, Series
2020 (the “Ordinance”) approving the rezoning of property located at 9800 W. 38th
Avenue from Residential-One (R-1) to Planned Residential Development (PRD); and
WHEREAS, pursuant to Charter Section 6.2(b) a referendum petition (the
“Petition”) was submitted with respect to the Ordinance; and
WHEREAS, the Petition was amended as permitted by Charter Section 6.4, and on September 21, 2020 the City Clerk issued his certificate of sufficiency regarding the
same; and
WHEREAS, the Petition having been presented to the Council, the Council is obligated by Charter Section 6.2(b) to either reconsider the Ordinance or submit the
Ordinance to a vote of the registered electors of the City; and
WHEREAS, upon reconsideration, the City Council has determined that
Ordinance 1691, Series 2020 should be repealed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Ordinance 1691, Series 2020 is hereby repealed.
Section 2. Effective Date. This Ordinance shall take effect upon adoption as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of October, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for November 9, 2020 at 7:00 p.m., as a virtual meeting.
ATTACHMENT 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 9th day of November, 2020.
SIGNED by the Mayor on this 9th day of November, 2020. _____________________________ Bud Starker, Mayor
ATTEST:
____________________________ Steve Kirkpatrick, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: October 29, 2020 Second Publication: November 12, 2020
Jeffco Transcript Effective Date: November 9, 2020
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 4
DATE: November 9, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ELECT THE MAYOR PRO TEM
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ City Manager
ISSUE:
Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM
1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows:
a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem.
b) Nominations will be taken from City Council members by voice. No second is
needed.
c) Each nominee will have the opportunity to address the Council.
d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present.
Council Action Form – Election of Mayor Pro Tem November 9, 2020
Page 2
FINANCIAL IMPACT: None
BACKGROUND:
Mayor Pro Tem authority and duties include: 1. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair and shall have the voting privileges of a regular Council Member 2. Function as the Council Parliamentarian
3. Review and set the Agenda prior to Council Meetings and add emergency items for
discussion if necessary 4. Remove any item from the Agenda or any Regular Meeting or Study Session, before publication, with the exception of:
a. Any item placed on the Agenda by two (2) Council Members or by the Mayor and
one (1) Council Member prior to the meeting b. An item added by the Council by majority vote of Council present during any meeting 5. Arrange for and coordinate the orientation of all newly elected officials, including a review of Rules of Order and Procedure for the City Council
RECOMMENDED MOTION: "I move to elect _______________________ as Mayor Pro Tem, effective immediately, term to expire upon election of their successor.” REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager