HomeMy WebLinkAboutCity Council Minutes 02-08-21City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 8, 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 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; City Planner, Zareen
Tasneem; Police Chief Chris Murtha; Director of Parks and Recreation, Karen
O’Donnell; Recreation Director, Kia Ruiz, with Wheat Ridge for Equity; Myles D , of
Parks and Recreation, other staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
This item began at 7:02 PM.
Black History Month
Mayor Starker read the proclamation declaring February as Black History Month in
Wheat Ridge. He noted the names of those who initiated the effort to designate every
February as Black History Month, and the contributions African Americans have made
to our country.
Ms. Kia Ruiz of Wheat Ridge for Equity thanked the Mayor and Council for the
proclamation and commented on the importance of Black History Month.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of January 25, 2021 were
approved as published.
City Council Minutes February 11, 2021 page 2
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:07 PM.
Rebekah Raudabaugh, Wheat Ridge Homeless Navigator called to introduce herself
and describe her background as she assumes her new position with the City. She
discussed her previous experience serving people experiencing homelessness. Then,
Ms. Raudabaugh described the roles and responsibilities of her position, and her plans
to serve the City and our people. She asked that people who would like to contact her
send her email correspondence: homelessnavigator@ci.wheatridge.co.us.
David Bondarchuck, 6440 W. 31st Ave., Wheat Ridge, called to discuss his recent
experience with City inspectors, building permits, and contractors. He complained that
inspectors will not designate a window in time when they will visit the site. He stated
further, inspectors often leave people sitting all day waiting for an inspector who does
not arrive. He discussed the fees he paid and complained that the City inspectors do
not do their jobs reliably. He also asserted that City inspectors lied to him repeatedly.
When the inspector finally came, the he did not enter the dwelling to inspect the work
done inside the home under a building permit obtained by a contractor who installed
new windows at home.
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).
Comments submitted through Wheat Ridge Speaks appear below, all of which related
to agenda item 6 this week.
1. CONSENT AGENDA
Discussion began at approximately 7:16 PM
Councilmember Dozeman introduced the consent agenda.
a. Resolution No. 05-2021 - a resolution amending the Fiscal Year 2021 Budget
to reflect the approval of a supplemental budget appropriation for the re-
City Council Minutes February 11, 2021 page 3
appropriation and re-encumbrance of the 2020 fiscal year encumbered funds
in the amount of $5,444,307.38
b. Resolution No. 06-2021 - a resolution amending the fiscal year 2020 Capital
Improvement Program budget to reflect the approval of a reduction in
appropriation in the amount of $1,717,858
c. Motion to amend and extend the contract for professional services to AECOM
Technical Services, Inc., Greenwood Village, CO, for the period of January 1,
2021 – December 31, 2021 in an amount not to exceed $1,117,340.00 and
approve payments for ongoing program management services for the
Investing 4 the Future program
Motion by Councilmember Dozeman to approve Consent Agenda Items a.), b.), and c.),
Seconded by Councilmember Urban; motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:18 PM
2. Council Bill No. 01-2021 - An Ordinance concerning use taxes, and in
connection therewith, amending Subsection 22-67(3) of the Wheat Ridge
Code of Laws to provide a Building Materials Use Tax Exemption for Public
Housing Authorities.
Councilmember Weaver introduced Council Bill 01-2021.
Recent State legislation assigns the responsibility for conducting hearings concerning
alleged campaign finance violations in City elections to the City. The City’s present
ordinance for the conduct of hearings regarding election matters pre-dates the State
legislation and is in need of updating in light of the new State law.
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 Clerk Steve Kirkpatrick assigned Ordinance No. 1707
City Attorney Geoff Wilson spoke to the Council about the issue and on how 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.
The proposed complaint process includes the following elements:
• A detailed process for filing a complaint in writing, followed by initial review by the
City clerk.
• Authority of the Clerk to dismiss the complaint, provide an opportunity to cure
deficiencies in the complaint, or set the complaint for a hearing.
• A process for the conduct of a hearing by an independent hearing officer.
City Council Minutes February 11, 2021 page 4
• Authority of the hearing officer to impose penalties of at least twice the amount
contributed, received or spent unlawfully, a daily civil penalty for delinquent
filings, as well as other penalties.
• Provision that the municipal judge will perform the functions of the clerk under
this ordinance if a complaint involves a city clerk candidate
Public Comment
Nobody came forward to speak on this item.
Council Questions and comments
Council asked Treasurer Chris Miller if the agreement to relieve the interest rebate the
Housing Authority. The Authority has withdrawn its claim to receive interest from the
City.
Mayor Starker closed the public hearing.
Motion by Councilmember Weaver to approve Council Bill No. 01-2021 - an ordinance
concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of
the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for
Public Housing Authorities, on second reading, and that it takes effect 15 days after final
publication, seconded by Councilmember Stites, motion carried 8-0.
3. Resolution No. 07-2021 – A Resolution approving a major subdivision plat on
property zoned Mixed Use-Commercial (MU-C) and located at 7661 W. 41st
Avenue
Councilmember introduced Resolution No. 07-2021
T is ordinance creates a new Code Section 16-47, making it a violation to remove
signage, and in particular the no trespassing signs authorized by the revised Code
Section 16-46. Mayor Starker opened the public hearing at 7:23 p.m.
Ms. Tasneem gave a formal presentation on this case, which by this reference is made
a part of the public record. She explained the details of the proposed Plat Change
resolution, recalling details previously discussed during Study Session.
She also displayed a presentation by the applicant for the change.
Public Comment
No one came forward to speak.
City Council Minutes February 11, 2021 page 5
Council Questions and comments
Council commented on public feedback about on-street parking near the property and
asked that a no parking sign be erected along the street. Mr. Goff indicated that City
staff are aware of the neighbors’ concerns about parking and will erect proper signage.
Mayor Starker closed the public hearing.
Motion by Councilmember Urban Resolution No. 07-2021 – A Resolution approving a
major subdivision plat on property zoned Mixed Use-Commercial (MU-C) and located at
7661 W. 41st Avenue; seconded by Councilmember Hultin, motion carried 8-0.
ORDINANCES ON FIRST READING
4. Council Bill No. 26-2020 - An Ordinance repealing, retitling and reenacting
section 16-46 of the Wheat Ridge Code of Laws concerning trespass and
establishing penalties for violation of the same.
Councilmember Stites introduced Council Bill 26-2020.
The purpose of this ordinance is to place on notice those who enter or remain upon the
premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal activity. This ordinance amends and significantly enhances the City's current Code 16-46 on trespassing, including posting of notices prohibiting trespassing.
Mayor Starker opened the public hearing at 7:32 p.m. City Clerk Steve Kirkpatrick assigned Ordinance No. 1706
City Attorney Gerald Dahl spoke to the Council about the issue and that since
panhandling is seen by the courts as a First Amendment right, the ability of the police
has been restricted to enforcing only aggressive panhandling. Staff researched
ordinances from other communities that have been adopted to help mitigate some of the
negative impacts caused by homelessness.
Some City processes (Board of Adjustment procedures, Planning Commission
processes, clean-ups of City owned property) require that a notice or notices be placed
or posted upon the affected property in order to ensure that those impacted by an
impending action or other activity are notified of it. City staff have reported that these
notices are sometimes altered, moved, or removed from the posted property altogether;
this subverts a significant governmental interest in ensuring that necessary
governmental operations are carried out in an effective and efficient manner. Just as
importantly, this deprives those affected by the impending action or activity, and the
general public, of fair notice of the action or activity.
Mr. Dahl reviewed the reason and purposes for the proposed Ordinance.
City Council Minutes February 11, 2021 page 6
Public Comment
No one came forward to speak on this item.
Council Questions and comments
Council had no questions.
Mayor Starker closed the public hearing.
Motion by Councilmember Hoppe to approve Council Bill No. 02-2021 - an ordinance
amending the Wheat Ridge Code of Laws to adopt a new Article XIV in Chapter 11
entitled Short-Term Rental Licenses and in connection therewith making conforming
amendments in Chapters 22 and 26, and to set the date, time and place for a public
hearing, to duly publish public notice of same and that approved on second reading
that it takes effect 15 days after final publication, seconded by Councilmember
Hutchinson, motion carried 8-0.
5. Council Bill No. 03-2021 - an ordinance amending Ordinance 1697, Series
2020, concerning regulation of noise.
Councilmember Nosler Beck introduce Bill No. 03-2021.
The current Code of Laws Section 16-103.C noise ordinance will apply to industrial
operations as of February 28, 2021.The Rocky Mountain Bottle Company, which would
be regulated by the ordinance, has developed a sound mitigation wall for its operation,
which will not be completed before mid-2021. This Ordinance extends the effective date
for the industrial noise standards until October 1, 2021.
Councilmembers had no comments or questions, having studied this issue in depth at a
recent Study Session.
Motion by Councilmember Nosler Beck, to approve Council Bill No. 03-2021, on first
reading for the sole purpose of ordering it published for a public hearing set for February
22, 2021 at 7 p.m. as a virtual meeting, and if adopted, that it take effect 15 days after
final publication; seconded by Councilmember Stites. Motion passed 8-0.
6. Motions to approve appointments of representatives to the Race and Equity
Task Force.
The following comments appeared in Wheat Ridge Speaks regarding this agenda item:
Thank you, city leaders and staff, for listening to community members and taking action to support
justice, equity, diversity and inclusivity in Wheat Ridge. The formal appointment of the Race and Equity
Task Force members moves our entire community forward into a brighter future. I also share the hope
that our shared accomplishments will inspire our surrounding cities and Jefferson County to begin deeper
dives into this meaningful work.
02/08/2021 12:19 pm
Morgan Richards
City Council Minutes February 11, 2021 page 7
3255 Ames Street
Wheat Ridge, 80212
Thank you to the residents, city staff, and council for recognizing race & equity as being an important
area in which we all must strive to do better. The expedient manner in which residents reached out and the
city responded is an encouraging sign and I am excited about the positive impact this work will have on
the future of Wheat Ridge and surrounding areas.
02/08/2021 10:20 am
Nikki Larsen
3725 Harlan St
Wheat Ridge, 80033
Thank you to the City of Wheat Ridge for listening to the citizens in regard to equity. I hope all
surrounding cities follow your lead. May this small action towards change make a big difference for those
so often forgotten.
02/08/2021 6:39 am
Venessa Valdez
13135 west Florida Place
Lakewood, 80228
End of comments submitted on Wheat Ridge Speaks for this agenda item.
Motion by Councilmember Hoppe, seconded by Councilmember Hutchinson, as
Councilmembers from District I, to appoint the following individuals to the Task Force:
1. Shannon Kishel (I)
2. Elise St Peter (I)
3. Jenny Snell (I)
4. Juliana Evans (I)
Motion carried 8-0.
Motion by Councilmember Urban, seconded by Councilmember Hultin, as
Councilmembers from District II, to appoint the following individuals to the Task Force:
1. Alexander Goldsmith (II)
2. Deborah Boyd (II)
3. Andres C. Martinez (II)
4. Renee Kleck (II)
Motion carried 8-0.
Motion by Councilmember Weaver, seconded by Councilmember Stites, as
Councilmembers from District III, to appoint the following individuals to the Task Force:
1. Diana Lopez (III)
2. Becky Wells Kabore (III)
City Council Minutes February 11, 2021 page 8
3. Saha Amarsingham (I)
4. Milly Nadler (II)
Motion carried 8-0.
Motion by Councilmember Dozeman, seconded by Councilmember Nosler Beck, as
Councilmembers from District IV, to appoint the following individuals to the Task Force:
1. Tabetha E. Cardinal (IV)
2. Alvina Vasquez (I)
3. Terry Gale (II)
4. Allison Brown (II)
Motion carried 8-0.
Motion by Councilmember Hoppe, seconded by Councilmember Hultin, to appoint the
following individuals to the Task Force as representatives at large on the
recommendation of Mayor Starker:
1. Jeff Richards (I)
2. Jeremy Make (II)
3. Kellie Eastin (Non-resident)
4. Anisa Valdez (Non-resident)
Motion carried 8-0.
CITY MANAGER’S MATTERS
No Council meeting on February 15, as the City observes Presidents’ Day.
He expressed condolences to the Cerveny family on the passing of Carl Cerveny, a
Wheat Ridge resident since 1956 and co-founder of our Optimist Club. A memorial
service is planned for Mile Hi Church on Friday, February 26, 2021 at 2:00 pm MST
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Clerk Steve Kirkpatrick urged anyone listening to help those seniors and others
who do not have computers or smart devices navigate websites and who want to get a
Co-Vid vaccine to register them for vaccines appointments.
City Treasurer Miller echoed Kirkpatrick and asked us to help others clear the snow
predicted for this weekend.
Councilmember Nosler Beck thanked all who volunteered to serve on the Race and
Equity Task Force. She recalled the hard work by many people to bring this effort to
City Council Minutes February 11, 2021 page 9
this point. She urged everyone to persevere and work through any differences
encountered, toward a stronger community in Wheat Ridge.
Councilmember Dozeman echoed Councilmember Nosler Beck’s comments. She also
urged people to continue their participation in the Task Force work and thanked the City
staff for their hard work and excellent engagement with this effort.
Councilmember Stites also expressed his condolences to the Cerveny family. And, he
reminded everyone that if we can find it in Wheat Ridge, buy it in Wheat Ridge.
He also reported on the District III meeting last Saturday and thanked those who
participated in person and via Zoom. He noted that sidewalks along 38th for the length
of the street from Kipling St. to Youngfield St. was a topic of great interest to those who
attended and indicated that he and Councilmember Weaver will follow-up with Public
Works to discuss the matter.
Councilmember Weaver echoed Councilmember Stites thanks. She also asked
whether Mr. Goff or Mr. Johnstone had received any email from the homeowner who
called to complain about building permits. They reported that they have not received
any communication from the homeowner. Mr. Johnstone provided some background on
the situation and described the effort to contact him and resolve the issues he raises.
Councilmember Hultin reminded everyone that she will have one in person district
meeting (limited to 20 participants) on Saturday, February 13 at the Rec Center from
1:00 – 2:30 p.m. She will repeat the same presentation on Zoom Tuesday, February 16
from 6:30 – 8:30 p.m. Details are available on the City website.
She also discussed the work she and Councilmember Nosler Beck have done with Ms.
Schilling and Ms. Scheck on an application for All American City designation. She is
very proud of the application Wheat Ridge submitted. She read an excerpt from the
application that encapsulated the pride we have in living in Wheat Ridge.
She also asked about opening municipal facilities after the pandemic abates. Mr. Goff
described the work staff has done and indicated that we can discuss that issue during
the upcoming Strategic Planning Retreat.
Councilmember Urban followed-up on Councilmember Hultin’s questions with respect to
upcoming public hearings. He asked Mr. Dahl to comment on the legal implications of
continuing to meet virtually, or in a hybrid format. He asked that we consider having at
least a hybrid meeting for the formal Council Meeting on March 8, 2021, because we
anticipate strong public interest in the short-term rental ordinance scheduled for that
session.
Councilmember Weaver commented that she is uncomfortable with in person meetings
until a much larger proportion of the citizenry have been vaccinated. Councilmember
Hoppe commented that we should either be all in person on the dais or virtual, but it is
City Council Minutes February 11, 2021 page 10
too soon to consider in person meetings. Councilmember Hutchinson agreed with her
peers, it is too soon to consider in person meetings in masse.
Councilmember Weaver respectfully asked Councilmember Urban to table this
discussion for the present and he agreed.
Councilmember Hutchinson felt we had a good meeting tonight and wished everyone
happy Valentine’s Day.
Councilmember Hoppe also thanked all those who have participated tonight and
moreover those who have worked so diligently on the Race and Equity Task Force to
make the progress seen to this point.
Coffee with the Mayor is at 9:00 AM this Saturday, on Zoom. Instructions are on the
City website. He also expressed condolences to the Cerveny family.
ADJOURNMENT
The meeting adjourned at 8:16 pm.
_____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON February 8, 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.