HomeMy WebLinkAboutCity Council Minutes 04-12-21City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 12, 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; Police Chief Chris Murtha;
Division Chief, Jim Lorentz; Assistant to City Manager, Marianne Schilling; Economic
Development Manager, Steve Art, Candice Cooledge, Porchlight Family Justice Center;
Jennifer Kemps, Ralston House; Cin Chapman, Victim Outreach, Inc.; other staff,
guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
Mayor Starker read a proclamation April as Child Abuse Prevention Month where every
child deserves to grow up in a safe, nurturing environment, free from harm and fear. All
children do not receive appropriate care; in fact, too many children become victims at
the hands of abusive perpetrators, and it is up to us as a community to tirelessly work to
end it through awareness and action.
Jennifer Kemp of Ralston House graciously acknowledged the proclamation.
Mayor Starker read a proclamation April as Sexual Assault Awareness Month every
day, women, men, and children across Colorado suffer the pain and trauma of sexual
assault; and this crime occurs far too frequently, goes unreported far too often, and
leaves long lasting physical and emotional scars.
City Council Minutes April 12, 2021 page 2
Ms. Cooledge described the extent of the sexual assault problem and thanked the City
for this proclamation. She described how Porchlight can and does help sexual assault
and abuse survivors.
Mayor Starker proclaimed the week of April 18-24 as National Crime Victims’ Rights
Week. Stating the victims' rights movement has resulted in the passage of laws at the
local, state, and federal levels that established essential rights for victims; and he rights
of crime victims are best protected when all participants in the criminal justice process-
not only victims-are appropriately educated about victims' rights. He reaffirmed this
City’s commitment to creating a victim service and criminal justice response that assists
all victims of crime, and to express our sincere gratitude and appreciation for those
community members, victim service providers, and criminal justice professionals who
are committed to improving our response to all victims of crime so that they may find
relevant assistance, support, justice and peace.
Ms. Chapman acknowledged the proclamation and thanked the Mayor and City for
highlighting victim advocacy and support.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of March 22, 2021 and Study
Session Notes of March 15, 2021 were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:13 PM.
Deann Thurman, 4690 Independence St., called to express her concerns about the I-70
and Kipling area. There are too many property crimes, too much violence, too much
trash which presents a terrible image of Wheat Ridge. “We who live near that area feel
forgotten and overlooked and we are fed up!”
Guy Nahmiach, 3650 Ward Road, called to thank the City staff and officials who came
to an event at Right Coast Pizza that raised $500 for the WR High School post-
graduation job search skills training. The next event will be on May 5th.
Jerry DiTullio, 32nd. and Newland, called to highlight the cumulative weather damage to
trees in the City over the past decades. He applauded efforts to raise the issue of tree
health and propagation in the City, also known as Tree City USA. He supports an effort
to create a grant program for residents and businesses to help remove dead, dangerous
trees and plant new ones. He reviewed the details of the proposed program and
encouraged Council to take up this issue and fund the proposed program.
Carmen Choice 10795 55th Ave in Arvada, called to urge the City to address the
problems highlighted by the earlier speaker on the area near I-70 and Kipling. She
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discussed her recent interactions with Councilmember Dozeman and the WR PD and
was very grateful for both. She asked that the Mayor and Council address the problem
soon and urgently.
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).
The following comments appeared in Wheat Ridge Speaks for this Council session.
End of comments entered into Wheat Ridge Speaks.
CONSENT AGENDA
There were no items for the consent agenda.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:25 PM
1. Council Bill No. 04-2021 - an ordinance of the City Council of the City of
Wheat Ridge, Colorado, amending Chapter 11, Licenses, Permits and
Miscellaneous Business Regulations, with the addition of new Article XV
regulating tobacco product retail licenses and conforming changes in
connection therewith.
Councilmember Hultin introduced Council Bill 04-2021.
Tobacco and youth vaping continue to be on the rise in Wheat Ridge and Jefferson
County. The City of Wheat Ridge does not currently regulate its tobacco retailers. The
purpose of this ordinance is to create licensing regulations for tobacco retailers.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1710.
Staff report by Marianne Schilling, Assistant to the City Manager, presented an overview
of previous actions and described the direction from council. Here explaining the
City Council Minutes April 12, 2021 page 4
process involving a multi-department collaboration between City staff, the City Attorney,
along with research and coordination from JCPH
Ms. Schilling also stated that Council may want to discuss the ordinance effective date.
The effective date of July 1, 2021 was chosen by Council in November 2020 to align
with the State’s planned implementation date. However, at this time the State
Department of Revenue has announced a pause in rulemaking and license fee
collection due to the pandemic. Council may consider moving forward with the July 1,
2021 implementation date or waiting to learn more about the State’s plans to move
forward.
If approved, staff will refine the internal processes for review and approval of tobacco
retail licenses. The proposed ordinance effective date of July 1, 2021 allows staff time to
prepare for the initial notice and registration period to include a comprehensive outreach
program to local Wheat Ridge businesses.
Public Comment
The Mayor reviewed the procedures for public comment.
Jesse Jennett, 125 S. Hoyt St. Lakewood. Called to advocate for regulation of tobacco
access to minors. She has worked on this issue for many years, as a high school and
college student. She decried the accessibility of tobacco products, including vaping, by
our youth and urged passage of this proposed ordinance. She provided anecdotal
stories from tobacco users who began the habit during their adolescence, often starting
with vaping devices, and now regret it.
Lynnette Namba, 2977 Reed St, called in support of this Council bill and aligning our
local laws with state and Federal laws. She supports in particular the provision that
tobacco retailers shall not be licensed if their establishment is within 1000 feet of a
school or youth-oriented facility. Data from other states and cities shows that this kind
of measure will have a clear and important impact on youth tobacco access and the
health consequence of its use.
Chaelin Sieving, 9661 W. Chatfield In Littleton and a nurse at Wheat Ridge High
School. She supports this ordinance. She described the case of a 16-year-old student
who had already began using tobacco and found it easy to obtain tobacco products at
local retailers. We need to keep these products out of the hands of our youth, whose
brains are not yet fully developed and capable of foreseeing the consequences of
tobacco use.
Jennifer Yates, 3700 Miller St, thanked mayor and Council for devotion to the health of
our youth. While the new state law restricting sales of tobacco to those under 21, she
applauds this ordinance and the impact it will have on young people’s health, now and
in the long-term future of their lives. We sincerely thank you for protecting our youth
and their futures.
City Council Minutes April 12, 2021 page 5
Ellen Stern, Jefferson County Tobacco Prevention Initiative, recalled a letter her
Executive Director sent to the Mayor and Council. Her agency strongly supports this
ordinance because of the impact it will have, especially on underserved and
economically disadvantaged youth. She emphasized that the vaping provisions and the
limitations on locating tobacco retailers at least 1000 feet from schools and youth-
oriented facilities in the proposed ordinance will have a major impact on preventing
youth tobacco use.
City Attorney Dahl opined that we would need a small amendment to the Ordinance
language distributed in tonight’s Council packet, to address the proposal that the initial
licenses do not expire for 18 months.
Sec 11-238 A will also have a new phrase, “provided that any license issued hereunder
during 2021 shall not expire until December 31, 2022.”
Council Questions and comments
Councilmembers expressed their support for the proposed resolution.
Is there an update on the implementation of the state statute on the sale of tobacco?
Ms. Stern reported that the Department of Revenue has no update at this time.
In the future, would our ability to open new parks, schools or youth facilities be restricted
because a tobacco retailer is within 1000 feet. Mr. Dahl provided a detailed response.
Mayor Starker closed the public hearing.
Motion by Councilmember Hultin to approved Council Bill No. 04-2021 - an ordinance
of the City Council of the City of Wheat Ridge, Colorado, amending Chapter 11,
Licenses, Permits and Miscellaneous Business Regulations, with the addition of new
Article XV regulating tobacco product retail licenses and conforming changes in
connection therewith, including the amendment to Sec 11-238 A as read tonight by the
City Attorney.
Seconded by Councilmember Urban. Motion carried 8-0.
City Clerk’s Note: To avoid any misunderstanding or confusion, the final version of the
Ordinance as approved in its entirety appears as an appendix to these minutes.
2. Resolution No. 15-2021 – A Resolution approving a first amendment to an
Enhanced Sales Tax Incentive Program Agreement with Grammy’s Goodies
extending the Commencement date from November 1, 2020 to November 1,
2021
Councilmember Urban introduced Resolution No. 15-2021
The City of Wheat Ridge approved an Enhanced Sales Tax Incentive Program (ESTIP)
Agreement with Grammy’s Goodies (Grammy’s) on May 11, 2020. Section 2 of that
Agreement set the term to commence on November 1, 2020 or upon issuance of a
City Council Minutes April 12, 2021 page 6
certificate of occupancy for improvements to their restaurant, whichever should come
first. Due to impacts of the COVID-19 pandemic, the patio door and HVAC system
improvements have been delayed and Grammy’s has been unable to complete their
improvements which were projected to increase sales and sales tax revenues.
Grammy’s has requested an amendment to the Agreement to delay the commencement
date to November 1, 2021 to allow them time to complete the improvements.
Mayor Starker opened the public hearing at 7:55 p.m.
Mr. Art, reprised the discussions, background and goals of an ESTIP, as they are to
encourage the establishment and/or substantial expansion of retail sales tax generating
businesses within the city, thereby stimulating the economy of and within the city,
thereby providing employment for residents of the city and others, thereby further
expanding the goods available for purchase and consumption by residents of the city,
and further increasing the sales taxes collected by the city.
He also recounted the financial impact of the ESTIP agreement which stipulated sharing
50% of enhanced sales tax with Grammy’s for a period of five years in a maximum
amount not-to-exceed $70,000. This Amendment will delay the sharing of revenues by
up to one-year.
Public Comment
No one came forward to speak.
Council Questions and comments
Based on previous discussions of this resolution, Council had no further questions or
comments.
Motion by Councilmember Urban to approve Resolution No. 15-2021 – A Resolution
approving a first amendment to an Enhanced Sales Tax Incentive Program Agreement
with Grammy’s Goodies extending the Commencement date from November 1, 2020 to
November 1, 2021. Seconded by Councilmember Hultin; motion carried 8-0.
ORDINANCES ON FIRST READING
None for tonight
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7 PM
1. Resolution No. 16-2021 - A Resolution approving a permit for a noise source
pursuant to section 16-103.c(3) of the Wheat Ridge Code of Laws for Rocky
Mountain Bottle Company and making findings in connection therewith.
Councilmember Dozeman introduced Resolution No. 16-2021
City Council Minutes April 12, 2021 page 7
City of Wheat Ridge Code of Laws permit a business in the industrial zone district which
operates a noise source, to apply to the City Manager for a permit for a different decibel
level than set forth in the Code. Rocky Mountain Bottle Company (RMBC) submitted an
application to the City Manager requesting an adjusted allowable sound level
associated with a new furnace oxygen plant portion of the RMBC facility.
City Manager Patrick Goff reported on the prior actions with respect to RMBC noise
levels. In 2018, Rocky Mountain Bottle Company (RMBC) began an extensive upgrade
to their glass plant to install a new, environmentally friendly furnace. Unfortunately, the
new furnace increased the level of noise emanating from the plant into the adjacent
neighborhoods. RMBC worked in partnership with the City and the surrounding
neighborhoods and completed significant investments to address the increased noise
coming from the plant
However, the City has continued to receive complaints from the surrounding
neighborhoods concerning the noise. RMBC has continued to respond to the situation
by designing and approving construction of a sound wall barrier, which is expected to be
complete in June 2021.
The Code permits an existing business owner in the industrial zone district, which
operates a noise source, to apply to the City Manager for a permit for a different decibel
level than set in the ordinance and RMBC submitted an application on January 13, 2021
requesting adjusted noise levels.
Mr. Goff recommends approval of this request with the adjusted noise limits set in Table
3:
TABLE 3: Adjusted RMBC Noise Limits
Location 1 Receiving
Property
Location 2 Receiving
Property
Measured cumulative ambient 57 dBA 60 dBA
Allowance based upon measured perception and logarithmic addition 5 dBA 5 dBA
Adjusted allowable noise limits 62 dBA 65 dBA
along with the following conditions:
i. In order to assess compliance with the proposed adjusted allowable
noise limits, measurements should be conducted at the property
lines of Location 1 or other residential receiving property, for a
minimum of 15 minutes. The measurement is to be taken with a
meter capable of integrating over the 15-minute period and
providing an average (Leq) noise level. The meter should be
calibrated prior to measurement and should adhere to other ANSI
standards per Code Section 16-103.
ii. Measurements should be taken with calm winds, making sure no
extraneous noise like train or lawnmowers are present.
City Council Minutes April 12, 2021 page 8
Measurements should also avoid periods of high traffic such as 6
a.m. to 9 a.m. and 3 p.m. to 6 p.m. The measured sound levels at
the receiving property shall be compared against the receiving
property dBA limits (62 dBA) listed in Table 3. If the measured
levels are 62 dBA or less at the receiving property, then the
measured sound levels are compliant per this permit.
iii. If the measured sound levels at the receiving property exceed 62
dBA, then a follow up measurement at the source (RMBC) property
is required. This measurement shall be taken at the source property
line in the direction of the receiving property (Location 2). If the
measurement is equal to or less than the allowable limit for the
source property (65 dBA) listed in Table 3, then the measurements
are in compliance with this permit and suggest that the offending
source of noise is not the Oxygen Plant B. A noncompliance will be
established only if both the receiving and source locations exceed
the allowable adjusted noise limits listed in Table 3.
iv. In the event the receiving locations exceed the allowable adjusted
noise limits listed in the table, the City will notify the Permitee of
such excess noise. Permittee will have ten (10) days to confirm the
tests by performing testing. If the Permittee disagrees with the
determination, the City and the Permittee will perform a third test to
determine if the locations exceed the allowable adjusted noise
limits listed in the table. If the receiving locations exceed the
allowable adjusted noise limits listed in the table, then the Permittee
will determine the source of the excess and shall design a plan to
address the excess noise within sixty (60) days of the date of
notification by the City. The Permittee will then apply for any
necessary permits required by the City to make such design
adjustments. The Permittee will then commence to make or
employ such additional noise mitigation measures as necessary to
bring the noise source within the limits allowed by this permit and
shall provide the City with new measurements showing such
compliance within 120 days. In the event compliance is not
achieved within 120 days, the Permittee shall have an additional 30
days within which to achieve compliance, after which if Permittee is
not diligently pursuing such compliance and does not reasonably
obtain such compliance within thirty (30) days such event of
noncompliance shall be subject to enforcement by the City in the
Municipal Court. The City agrees the receiving locations for any
tests for compliance will solely be at the locations set forth in the
table.
City Council Minutes April 12, 2021 page 9
v. The City Manager is authorized to suspend the RMBC permit in the
event noise measurements exceed the allowable limits after the
period for remediation has expired.
vi. The permittee shall conduct noise measurements at Locations 1
and 2, in the manner required by Paragraphs B(i) and (ii) above on
a quarterly basis commencing June 1, 2021 until June 1, 2022, and
thereafter on an annual basis or upon request by the City, with the
results of such measurements being provided to the City Manager
Public Comment
No one came forward to speak.
Mr. Goff gave a staff presentation explaining the reasoning behind the staff recommend-
dations in the proposed resolution. Mr. Bob Hunt of the RMBC and Mr. Andrew Truitt,
an acoustical engineer with Barons and Associates, discussed their work and progress
on noise dampening.
Council Questions
• We have worked closely with the neighbors near RMBC to reach this point.
However, we need to outreach to the community so that neighbors understand
what this resolution means. RMBC provided a detailed answer to this question.
Mr. Goff also explained that during the first year there will be quarterly monitoring
of the noise levels with transparency to the public.
• Where are we in the process of constructing the wall to deflect the RMBC noise
away from the neighboring residents? Mr. Truitt and Mr. Hunt explained where
we are with the sound wall construction timeline and what the next steps will be,
beginning with a public meeting this Thursday.
• What was the average ambient dB reading without the unit that generates most
of the noise? RMBC gave a detailed response with a data chart.
• Council thanked the RMBC for their cooperative and helpful approach throughout
this process, especially their explanations and communications.
Motion by Councilmember Dozeman to approve Resolution 16-2021- a resolution
approving a permit for a noise source pursuant to section 16-103.c(3) of the Wheat
Ridge Code of Laws for Rocky Mountain Bottle Company and making findings in
connection therewith, seconded by Councilmember Urban; motion carried 8-0,
CITY MANAGER’S MATTERS
This discussion began about 8:28 PM.
Mr. Goff provided several updates.
Our Wadsworth project has received final approval from the Federal Highway
Administration, and bids will go out later this week.
City Council Minutes April 12, 2021 page 10
The City diverted some bond funds from the Ward Road Station budget to the Clear
Creek Crossing project. The City approached the Urban Renewal Authority asking that
they issue bonds to get cash immediately to complete these two projects. He explained
the reasons and methods behind the request. The Urban Renewal Authority can issue
bonds in amounts up to $31 million to fund these projects. These bonds will also help
complete other projects as well, such as the 38th Avenue and Kipling intersection
improvements.
Councilmember Hoppe endorsed the City Manager’s report, based on her participation
with the Urban Renewal Authority Board.
There are other additional funding opportunities. The Congress has brought back
earmarks, and we have submitted a request for $10 million funding for the Wadsworth
project through Congressman Perlmutter’s office.
We are looking at submitting applications for other funds available to municipalities. For
instance, the American Rescue Act includes help for municipalities, but we are awaiting
details from the US Treasury on how the application process will work.
Mr. Goff also discussed our response to the issues raised by people experiencing
homelessness. He noted that this issue is of increasing interest to our residents. He
gave a detailed explanation of the complex nature of these issues. For instance, being
homeless is not a crime, so law enforcement cannot simply remove these folks from our
streets and parks. And, there are more and more people in this group as a result of the
pandemic. He discussed the efforts underway in cooperation with the county, other
cities and social service agencies. The list of efforts underway through the City, the
county and other regional agencies is quite extensive.
He also described and discussed staff’s ongoing efforts to alleviate the problems related
to homelessness. He reported on additional staff and law enforcement that will be
devoted to these issues. He indicated that staff will have a more detailed report for
Council in May 2021.
Mr. Goff emphasized that we are addressing the issue of those experiencing
homelessness on many fronts with the cooperation of many agencies and the efforts of
many City staff, both currently employed by the City and positions we will fill for the
spring and summer.
The Mayor has asked that staff convene a community discussion on homelessness this
summer.
CITY ATTORNEY’S MATTERS
Nothing tonight.
City Council Minutes April 12, 2021 page 11
ELECTED OFFICIALS’ MATTERS
Councilmember Nosler Beck reminded everyone that she and Mayor Pro Tem Hoppe
are hosting a pandemic lessons-learned public discussion, tomorrow, Tuesday, April
13th, at 6 pm, virtually. As noted herein above, several public health and elected
officials will be attending.
She also thanked the residents who have reached out to Council about issues of
concern to them and their neighborhoods. We are here to help, and we will solve these
problems through collaborative and cooperative efforts.
Councilmember Dozeman echoed Councilmember Nosler Beck’s comments about our
residents reaching out to us about health and safety issues. She thanked Chief Murtha
and the other staff who have engaged with the Council and residents to resolve these
issues.
Councilmember Stites echoed his peers’ comments and thanked the staff for their hard
work on these issues.
Councilmember Weaver asked whether the tree program has been scheduled for a
future study session; it will be added to a future Study Session agenda.
Councilmember Hultin will hold a District II coffee chat this Saturday, 9:30 to 10:30,
virtually.
She also thanked City Clerk Kirkpatrick for his timely and diligent efforts to complete our
meeting minutes and post them online for public access.
Councilmember Urban thanked the WRPD for their involvement in the homelessness
issues. While this has been a more urgent issue of late, the PD has worked hard on
this matter for many years.
Councilmember Hutchinson thanked the PD for its work on homelessness. People
experiencing homelessness have arrived for the first time in District I neighborhoods,
and residents are between concerned and outright frightened. It’s not only on the major
corridors any longer, but also in the neighborhoods.
Councilmember Hoppe shared an anecdotal story about a homeless resident with
whom she had had numerous contacts. He beamed when he said he now has a
navigator to help him. He was recently injured and now hobbles about, trying to survive
and wait for eligibility for services. He nonetheless considers himself a resident of that
neighborhood. Going forward, we will need to “open our wallets,” to also address
mental health issues for this population.
The Mayor asked Chief Murtha for his thoughts. He described complaints about fear
and safety as a result of homelessness issues. He assured us that the WRPD will
continue to treat everyone with dignity and respect, enforce the law and reach out to
others working on this issue to help individuals cope. We will not become an occupying
City Council Minutes April 12, 2021 page 12
force at I-70 and Kipling but will help those who need it and enforce the law for those
who break it. Feel free to call the Chief if the WRPD can help.
The Mayor thanked everyone who came tonight and spoke on these issues. We need
to address the issues faced by people experiencing homelessness and the health and
safety of all community members. This will take all of us working together in order to
succeed.
He thanked those who attended his Coffee with the Mayor and apologized to anyone
who felt like they did not have an ample opportunity to speak during that session.
ADJOURNMENT
The meeting adjourned at 8:48 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON April 26, 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.