HomeMy WebLinkAboutCity Council Minutes 01-11-21City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
January 11, 2021
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 6:59 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; Administrative Services Director, Allison Scheck; Chief of Police, Chris
Murtha; Director of Parks and Recreation Karen O’Donnell; Assistant to the City
Manager, Marianne Schilling; Community Development Director, Ken Johnstone; Senior
Planner, Stephanie Stevens; Kevin Schneider, representing UCFW, other staff, guests
and interested citizens.
PROCLAMATIONS AND CEREMONIES
This item began at 7:02 PM.
National Radon Action Month (NRAM)
Mayor Starker stated that the City of Wheat Ridge supports the NRAM program, along
with other cities, counties and states across the United States. The Mayor reviewed the
morbidity and mortality costs of undetected radon. Testing for radon is easy,
inexpensive and would have a major impact in preventing radon cancers and deaths.
Ken Johnstone accepted the Proclamation on behalf of the sponsors of NRAM. He
reviewed reasons why radon is a serious issue in Colorado and thanked the Mayor and
Council for highlighting nationwide effort to detect and mitigate radon.
City Council Minutes January 11, 2021 page 2
National Law Enforcement Appreciation Day
Mayor Starker expressed the City’s gratitude as he honored the service of the women
and men of the Wheat Ridge Police Department and all those across the country who
serve their communities in law enforcement.
Chief Murtha accepted the proclamation with gratitude on behalf of the WRPD and law
enforcement everywhere. He thanked the Mayor and Council for their recognition of the
contributions our WRPD make every day, at great sacrifice to themselves and their
families.
APPROVAL OF MINUTES
Without objection the Study Session Notes of December 7, 2020; Study Session Notes
of December 21, 2020, Study Session Notes of January 4, 2021 and City Council
minutes of December 14, 2020 were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:09 PM.
Nobody came forward to speak on items NOT on the agenda.
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).
No comments appeared in Wheat Ridge Speaks for this Council session.
1. CONSENT AGENDA
Discussion began at approximately 7:11 PM
Councilmember Hoppe introduced the consent agenda.
City Council Minutes January 11, 2021 page 3
a. Resolution 01-2021 - a resolution amending the fiscal year 2021 2E Bond Fund Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in
the amount of $2,748,421.94 for Wadsworth Boulevard rights-of-way
acquisitions. b. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency
(CIRSA) for 2021 property/casualty premium in the amount of $320,615.44
c. Motion to approve an agreement with Molson Coors Beverage Company, a
Delaware Corporation, and its affiliate, Coors Brewing Company to permit use of
its property for staging in connection with the previously approved Bayou Ditch
Repair and Headgate Replacement Project
Motion by Councilmember Hoppe to approve Consent Agenda Items a.), b.), and c.),
Seconded by Councilmember Stites; motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:13 PM.
NOTE: Item 2 and item 5 were discussed jointly, and a single public hearing held
on both agenda items, because they relate closely to one another.
2. Council Bill No. 20-2020 – An Ordinance approving the rezoning of property
located at 4990 Parfet Street from Planned Commercial Development (PCD) to
Planned Industrial Development (PID) with an Outline Development Plan
Councilmember Dozeman introduced Council Bill No. 22-2020
The applicant is requesting approval of a zone change from Planned Commercial
Development to Planned Industrial Development with approval of an Outline
Development Plan for property located at 4990 Parfet Street (near the northeast corner
of I-70 Frontage Road North and Parfet Street). The purpose of this request is to
prepare the property for the development of a large format industrial land use
Mayor Starker opened the public hearing, for both this item and for Item 5 on tonight’s
agenda and declared that anyone who testifies concerning either item 2, item 5, or both
by the act of speaking during the hearing is thereby sworn to tell the truth as they know
it.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1701.
Staff Presentation by Stephanie Stevens, Senior Planner with the City of Wheat Ridge:
The Planning staff gave a detailed presentation and incorporated into the public record
the files related to this case, including but not limited to the proceedings of the Planning
Commission, public comments and their presentation to Council.
City Council Minutes January 11, 2021 page 4
A minor change was made to the ODP to address recommended conditions of the SDP
pertaining to allowable fence/wall heights, therefore there are no conditions included in
City Council’s recommended motion.
Public Comment
No one came forward to speak on either item 2 or item 5.
Council Questions and comments
Will the truck route depicted in the presentation change once the Kipling interchange
project is completed? The answer was no change is anticipated.
Will the loading dock facilities be on the east side of the proposed building? Yes, and
Mr. Mitchell gave an explanation of how and why that approach is included in the
design.
Council expressed their appreciation of the building exterior design and the landscaping
included in the proposed plan.
In the recent noise ordinance passed by Council it is stipulated that industrial property
has a specific limit. That limit will apply to this facility.
Mayor Starker closed the public hearing.
Motion by Councilmember Dozeman to approve Council Bill No. 20-2020 – an
ordinance approving the rezoning of property located at 4990 Parfet Street from
Planned Commercial Development (PCD) to Planned Industrial Development (PID) with
an Outline Development Plan, on second reading and that it takes effect fifteen days
after final publication for the following reasons:
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 recommendations of
approval.
3. The proposed rezoning has been found to comply with the “criteria for
review” in Section 26-603 of the Code of Laws.
Seconded by Councilmember Urban; motion carried 8-0
3. Council Bill No. 02-2020 – An Ordinance approving an Outline Development
Plan (ODP) Amendment to change the sign standards on property zoned
Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue
Discussion began at 7:53 pm
Councilmember Stites introduced Council Bill No. 21-2020.
City Council Minutes January 11, 2021 page 5
The applicant is requesting an Outline Development Plan Amendment to revise the
existing sign standards which are more restrictive than the City’s regular sign code. The
applicant is requesting an amendment such that City’s regular sign code applies to the
subject property. This in turn would allow for installation of a new freestanding sign.
Mayor Starker opened the public hearing and declared that anyone who testifies
concerning this item, by the act of speaking during the hearing, is thereby sworn to tell
the truth as they know it.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1702
Staff Presentation Zareen Tasneem, Planner I, with the City of Wheat Ridge: The
Planning staff presented to the Council a review of discussions during previous Council
meetings that have addressed this issue. The following items were reviewed:
Financial impact: Minimal.
If the ODP Amendment is approved, next steps would include building permits for any
new signs, and review fees as well as use taxes would be paid as part of those
processes.
Proposed Amendment:
By changing the ODP sign standards to follow the City’s standard sign standards, not
only would it bring the existing sign into conformance, but it will also encourage
reinvestment in a property since the applicant would like to install a new sign.
Furthermore, new signs proposed for the commercial properties to the east already
need to adhere to the City’s sign code. Therefore, the amendment would result in signs
that match the character of the area. Besides the sign standards, all other development
standards remain unchanged and refer to the previous ODP amendment.
Public Comment
No one came forward to speak.
Council Questions and comments
Do we have a picture of the sign involved in this action? Staff displayed an artist’s
depiction of the sign as it will appear at the property.
With respect to electronic signs, Councilmembers have seen other signs that advertise
for business not on the same premises. Can we limit the content to only the businesses
on that location? Mr. Johnstone cited a US Supreme Court decision will not allow the
City to regulate sign content.
Would this revision, if adopted, mean that all electronic signs require special
ordinances?
Staff answered no. At other sites in the City electronic signs have been refused; staff
explained that City sign regulations prohibit electronic signs in some zoning areas. In
City Council Minutes January 11, 2021 page 6
commercial zones, electronic signage is permitted, so there will be no need for case by
case ordinance actions for electronic signs in commercial zones.
Mayor Starker closed the public hearing.
Motion by Councilmember Stites to approve Council Bill No. 21-2020 – an ordinance
approving an Outline Development Plan (ODP) Amendment to change the sign
standards on property zoned Planned Commercial Development (PCD) and located at
7760 W. 38th Avenue, on second reading and that it takes effect 15 days after final
publication for the following reasons:
1. The Planning Commission has recommended approval of the ODP Amendment
after conducting a proper public hearing.
2. The proposed ODP Amendment has been reviewed by the Community
Development Department, which has forwarded its recommendation of approval.
3. The proposed ODP Amendment has been found to comply with the criteria for
review in Section 26-303 of the Code of Laws
During discussion Councilmember Hoppe stated she will vote in favor of this sign on the
west side of 38th Ave, but is opposed to electronic signs east of Wadsworth Blvd.
Seconded by Councilmember Dozeman, motion carried 8-0
4. Council Bill No. 23-2020 – An Ordinance repealing and reenacting Section 26
609 of the Wheat Ridge Code of Laws concerning access to public streets and
making conforming amendments.
Discussion began at approximately 8:18 PM.
Councilmember Hutchinson introduced Council Bill No.23-2020.
The zoning code requires that all new developments have access to public streets. The
Code outlines several stipulations for residential and nonresidential developments.
Code section 26-609 discusses access requirements, but does not reflect current
development patterns, so the proposed amendment repeals and reenacts this section
and updates cross references. The purpose of the amendment is to provide more
specificity for commercial and industrial land uses, more flexibility for residential land
uses, and more detailed guidance overall. The overarching goal is to ensure that
access and circulation designs support logical and high-quality site design.
Mayor Starker opened the public hearing and declared that anyone who testifies
concerning this item, by the act of speaking during the hearing, is thereby sworn to tell
the truth as they know it.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1703
Staff Presentation by Lauren Mikulak, Planning Manager with the City of Wheat Ridge:
Ms. Mikulak’s presentation to city council included these summarized items:
City Council Minutes January 11, 2021 page 7
Current Code:
Section 26-609 of the code describes how development must gain access to public
streets. It requires the following:
• All development must have access to a public street.
• Access can be direct access to the street or via easement or private roadway of
at least 25 feet in width.
• Private roadways or easements may serve no more than four (4) dwelling units.
• For nonresidential uses in residential zone districts, private roadways or
easements may serve no more than 10,000 square feet of gross floor area.
• For commercial and industrial uses, private roadways or easements are
permitted with review and approval by the Community Development Director
and Fire District
Proposed code:
The proposed code reflects current and best practice by outlining a series of specific
considerations to be applied in the context of all types of development when
determining how property accesses the public road network. The City currently has and
will retain sole discretion over whether a property has access to streets through public
or private roadways. The code adds specificity by itemizing the following considerations
by which such design and decision is made:
• Maintenance,
• Design,
• Emergency/fire access,
• Merits of alternate designs,
• Land use (number of units or size of nonresidential),
• Block length,
• Impact on existing street network, and
• Bicycle and pedestrian facilities
• Recommendation and Next Steps:
Review of and revisions to access and circulation are often among the first and most
robust discussions. The City’s codes related to access need to better complement the
overriding intent of the zoning and subdivision regulations: to promote efficient
circulation; improve connectivity; accommodate safe movement of vehicles, bicycles
and pedestrians; and minimize the number of curb cuts. The proposed code
amendment will provide staff and decision makers a better basis to make review
comments and to ensure safe, logical, and high-quality access and circulation.
as well as past minutes and proceedings of the Planning Commission, public comments
and their presentation to Council.
City Council Minutes January 11, 2021 page 8
Public Comment
No one came forward to speak.
Council Questions and comments:
There has been a lot of discussion of “flag lots,” and access to those from public streets.
Will this change in the Code address ingress and egress for those flag lots? Ms.
Mikulak responded that other regulations address that question and that this proposed
Ordinance will not change those regulations.
Mayor Starker closed the public hearing.
Motion by Councilmember Hutchinson to approve Council Bill No. 23-2020 – an
ordinance repealing and reenacting Section 26 609 of the Wheat Ridge Code of Laws
concerning access to public streets and making conforming amendments, on second
reading and that it takes effect 15 days after final publication, seconded by
Councilmember Hoppe, motion carried 8-0.
ORDINANCES ON FIRST READING
There were none.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:37 PM
5. Resolution 03-2021 - A Resolution approving a Specific Development Plan
(SDP) for property located at 4990 Parfet Street
NOTE: This item 5 and Item 2 above were considered in a single public hearing
and a vote to approve item 5 was taken out of agenda order following action on
item 2. The two agenda items were approved via separate motions approved for
each.
Councilmember Dozeman introduced Resolution 03-2021.
The applicant is requesting approval of a Specific Development Plan (SDP) for property
located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North
and Parfet Street). Approval of an SDP is the second step in the City’s approval process
for a Planned Industrial Development; it provides site plan and design details for the
subject property.
Staff Presentation by Ken Johnstone, Community Development Director, Stephanie
Stevens, Senior Planner and Matt Mitchell, for Westfield, the applicant, who gave a brief
review of the prior actions, which included the Planning Commissions recommendation
of approval for the SDP for the following reasons:
1. The specific development plan is consistent with the purpose of a planned
development, as stated in Section 26-301 of the City Code.
City Council Minutes January 11, 2021 page 9
2. The specific development plan is consistent with the intent and purpose of the
outline development plan.
3. The proposed uses are consistent with those approved by the outline
development plan.
4. All responding agencies have indicated they can serve the property with
improvements installed at the developer’s expense.
5. The specific development plan is in substantial compliance with the applicable
standards set forth in the outline development plan and with the City’s
adopted codes and policies.
With the following condition:
1. Ten-foot (10’) walls or fences shall only be allowed within the loading area
and shall not be located within required setbacks or landscape buffers.
“Loading area” is defined as the pavement area on the east side of the
building as identified on the Specific Development Plan.
The SDP was revised with a note to reflect the condition as recommended by Planning
Commission therefore, this condition was not included in City Council’s recommended
motion.
Public Comment
No one came forward to speak.
Council Questions
Councilmember had no further questions or comments.
Motion by Councilmember Dozeman to approve Resolution No. 03-2021, a resolution
approving a Specific Development Plan (SDP) for property located at 4990 Parfet
Street, for the following reasons:
1. City Council has conducted a proper public hearing that meets all public
notice requirements as required by Section 26-109 of the Code of Laws.
2. The proposed Specific Development Plan has been reviewed by the
Planning Commission, which has forwarded its recommendation of approval.
3. All requirements of a Specific Development Plan have been met.
Motion seconded by Councilmember Stites; motion carried 8-0.
6. Resolution No. 02-2021 - a resolution concerning the lease back of property
located at 7575 W 44th Avenue to Bank of the West
Councilmember Urban introduced Resolution 02-2021
The proposed improvements to Wadsworth Boulevard require that additional rights-of-
way (ROW) be purchased to allow for the construction of public improvements. In order
City Council Minutes January 11, 2021 page 10
to facilitate the acquisition of property at 7575 W 44th Avenue and the subsequent
relocation of the Bank of West, staff is requesting that City Council approve a resolution
authorizing leasing the property back to the Bank of the West until April 30, 2021.
Staff informed Council that a final settlement was recently reached for the full
acquisition of the Bank of the West property. In order to allow the Bank of the West
adequate time to prepare and relocate to a new site, the Memorandum of Agreement
(MOA) with them that outlines the details of the purchase allows them to occupy their
current location until April 30, 2021. The closing is currently scheduled for January 15,
2021, so a lease has been prepared with the City as the landlord and the Bank of the
West as the tenant
He recommends that City Council approve the resolution authorizing the City to lease
property located at 7575 W 44th Avenue to the Bank of the West in order to allow the
closing on the purchase of the property and facilitate the relocation of the Bank of the
West to a new location.
Public Comment
No one came forward to speak.
Council Questions
Please, clarify whether the City is taking the entire building where the Bank of the West
branch is located. Mr. Johnstone replied.
Motion by Councilmember Urban to approve Resolution No. 02-2021, a resolution
concerning the lease back of property located at 7575 W 44th Avenue to Bank of the
West, seconded by Councilmember Hultin; motion carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff updated Council on small business grants through Jefferson County, funded by
appropriations from the State Legislature. All of our Wheat Ridge businesses have
been notified of this opportunity.
He also updated the Jefferson County plans to participate in the Five Star certification
program. Information is available on the County website.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
Discussion began about 8:30 PM.
Councilmember Nosler Beck reminded us that the deadline to apply for positions on
Boards and Commissions is this Friday, January 15th. Interested City residents can find
detailed information on the City’s website.
City Council Minutes January 11, 2021 page 11
Councilmember Stites announced that he and Councilmember Weaver will convene a
District III meeting on Saturday, February 6th at 9 AM at the Rec Center.
“If you can find it in Wheat Ridge, buy it in Wheat Ridge,” he emphasized again.
Councilmember Hultin mentioned that CDPHE offers free radon test kits to all Colorado
residents. Information on how to obtain a test kit is on the CDPHE website. She asked
that staff post that information with a live link to the CDPHE webpage, which is here:
https://drhomeair.fmbetterforms.com/#/colorado-free
She also asked staff about modifications other cities have allowed and encouraged in
terms of restaurants modifying their premises for outdoor dining. Many restaurants are
erecting outdoor structures for diners in an effort to increase their available seating
capacity during the pandemic. She asked whether there are regulations in Wheat Ridge
to define what is indoor and what is outdoor and what regulations address those
modifications. Mr. Goff and Mr. Johnstone responded to Councilmember Hultin’s
question with details.
Councilmember Urban thanked our law enforcement agencies and sworn officers, both
those who serve on the WRPD and those who live in Wheat Ridge but serve in other
jurisdictions. He thanked them for their service and their sacrifices.
He also noted that today is Human Trafficking Awareness Day, a nationwide effort to
engage citizens in the effort to quell human trafficking.
Councilmember Hoppe commented that if anyone is having trouble paying rent or
mortgage there are both local (for example, The Family Tree) and state resources
available to assist them.
Mayor Starker thanked those who attended the Coffee with the Mayor last Saturday and
our new Homeless Navigator for her participation during the virtual session. As always,
he encouraged us all to take care of one another during these extraordinary days.
ADJOURNMENT
The meeting adjourned at 8:41 pm.
_____________________________
Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON January 25, 2021 ______________________________
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.