HomeMy WebLinkAbout10-10-22 virtual hybrid CC Minutes FINALCity Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 10, 2022
Note: This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. Eight members of Council
were present in Council Chambers for this session. 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 7:01 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve
Kirkpatrick; Chief of Police, Chris Murtha; Director of Parks and Recreation, Karen
O’Donnell; Director of Public Works, Maria D’Andrea; Project Manager Lauren Mikulak;
Assistant to the City Manager, Marianne Schilling, other staff, guests and interested
citizens.
APPROVAL OF MINUTES
None Tonight
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
None Tonight
PUBLIC’S RIGHT TO SPEAK
Note about Wheat Ridge Speaks:
City Council Minutes October 10, 2022 page 2
Members of the Public 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 address a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech)
No comments appeared in WR Speaks for this session of Council.
CONSENT AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
None Tonight
ORDINANCES ON FIRST READING
1. Council Bill No. 18-2022 – An Ordinance amending Sections 2-89 and 11-565 of
the Wheat Ridge Code of Laws to provide an administrative subpoena process
for hotel licensing
CM Nosler Beck introduced Council Bill 18-2022
Issue
This Council Bill amends the Wheat Ridge Code of Laws to authorize the issuance of
administrative subpoenas for records related to hotel licensing requirements.
Motion by CM Nosler Beck to approve Council Bill 18-2022, an ordinance amending
Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an
administrative subpoena process for hotel licensing, on first reading, ordered in
published, public hearing set for Monday, November 14, 2022, at 7:00 p.m. as a virtual
meeting and in City Council Chambers if allowed to meet in person on that date per
COVID-19 restrictions, and that it take effect 15 days after final publication; seconded
by CM Hoppe; motion carried 8-0
2. Council Bill No. 19-2022 – An Ordinance amending Sections 2-89 and 11-565 of
the Wheat Ridge Code of Laws to provide an administrative subpoena process
for hotel licensing
CM Hoppe introduced Council Bill 19-2022
City Council Minutes October 10, 2022 page 3
Issue
This Ordinance amends the City’s land use code to require that a plat note be affixed on
resubdivisions of property advising that race and religion-based covenants on real
property are illegal and unenforceable.
Motion by CM Hoppe to approve Council Bill 19-2022, an ordinance amending Article
IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final
subdivision plats, and in connection therewith, addressing race and religion-based
covenants on title, on first reading, ordered in published, public hearing set for Monday,
December 12, 2022, at 7:00 p.m. as a virtual meeting and in City Council Chambers if
allowed to meet in person on that date per COVID-19 restrictions, and that it take effect
15 days after final publication; seconded by CM Stites; motion carried 8-0
DECISIONS, RESOLUTIONS AND MOTIONS
3. Motion to cancel the November 7, 2022 Study Session of the Wheat Ridge City
Council
CM Hultin introduced the Motion.
Issue
The Study Session of November 7, 2022 is the night before the 2022 General Election.
The Council Chambers in City Hall will be utilized by Jefferson County as a polling
location. Election equipment will be set up in Council Chambers the weekend before the
election. Due to election integrity and security concerns, the Council Chambers will not
be available for the November 7th study session.
Staff Presentation
Mr. Goff spoke on the proposed motion, stating how the council chambers will be used
by the County Elections office as a polling location and needs to be kept secure while
the machines are present.
Mayor Starker reviewed the procedures for public comment. No citizens appeared in
chambers to address this issue. There were none who wanted to speak through the
Zoom format.
Public Comment
No one came forward to speak.
City Council Minutes October 10, 2022 page 4
Council Questions and Comments
Motion by CM Hultin to cancel the November 7, 2022 study session of the Wheat Ridge
City Council, seconded by CM Ohm, motion carried 8-0.
4. Resolution No. 39-2022 - A Resolution amending the Fiscal Year 2022 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $39,931 for the purpose of purchasing and installing three HVAC units
at the Anderson Building
CM Weaver introduced Resolution 39-2022.
Issue
An evaluation of the heating, ventilation, and air conditioning (HVAC) mechanical
systems serving the Anderson Building revealed that most components are past their
expected useful life and are operating inefficiently. There is a potential for failure to
occur which would result in an inability to heat the classrooms, office, and lobby
effectively enough to allow occupation through the winter months. It may also result in
indoor temperatures dropping to levels low enough to endanger water piping and other
plumbing infrastructure.
Staff Presentation
New Director of Public Works Maria D’Andrea gave a brief background on the item
where she reported that in 2019, the Anderson Building underwent an upgrade to
improve the aesthetic of the facility. This renovation created a space that is more
appealing to employees and visitors, aiding in the ability to increase Parks and
Recreation programming for the facility. Increased programming has the potential to
increase the Parks and Recreation department revenue.
Replacement of the domestic boiler and two furnaces will heat the Anderson Building
more effectively and efficiently. Energy efficiency will be significantly improved by
installing new equipment, reducing the operating costs associated with heating the
facility. It will also ensure that programming can continue throughout the winter months,
without the need to shut the facility down if existing equipment fails.
Mayor Starker reviewed the procedures for public comment.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions
City Council Minutes October 10, 2022 page 5
There were none.
Motion by CM Weaver to approve Resolution No. 37-2022 - a resolution amending the
fiscal year 2022 General Fund budget to reflect the approval of a supplemental budget
appropriation in the amount of $39,931 for the purpose of purchasing and installing
three HVAC units at the Anderson Building, seconded by CM Stites, the motion carried
8-0.
5. Motion to award contract and approve subsequent payments of $259,210 to
Western States Reclamation for the Clear Creek Trail Maintenance Replacement
Project
CM Dozeman introduced the Motion.
Issue
In February of this year, the City received grant funds through the Jefferson County
Open Space Trails Partnership Program for Clear Creek Trail Improvements. The full
project includes upgrading sections of trail from asphalt to concrete, repairs and
improvements at the Otis Street trailhead and trail connection, wayfinding signage, and
other safety improvements.
This motion is specifically to award the contract to Western States Reclamation for the
portion of the project that will upgrade sections of trail from asphalt to concrete. There
were seven submissions associated with the Invitation to Bid. Western States
Reclamation was the lowest bidder at $259,210.
Staff Presentation
Director of Parks and Recreation, Karen O’Donnell gave a brief presentation
summarizing the prior actions, and financial impact where this is budgeted in the Open
Space Fund (Fund 32) and is supported by grant funds through the Jefferson County
Open Space Trails Partnership Program. If this motion is not approved, this project will
be postponed until 2023 due to weather requirements related to concrete work. Not
completing the work in 2022 will almost certainly result in increased costs due to the
current market conditions.
Included were the background where the Clear Creek Trail is heavily used and highly
valued by Wheat Ridge residents as a regional trail within the Jefferson County trails
plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident
Engagement Program affirms this. The 2021 resident survey showed that 2/3 of
respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk
Program’s focus neighborhoods to date have told the City that bicycle and pedestrian
access and safety to and around the Clear Creek Trail is a top tier issue. Improving the
Otis Street trailhead was a specific need identified by Leppla Manor residents, and this
City Council Minutes October 10, 2022 page 6
project would address that need. Mayor Starker reviewed the procedures for public
comment where no citizens appeared in chambers to address this issue.
Public Comment
No one came forward to speak neither in person nor on the zoom format.
Council Questions
None for this item.
Motion by CM Dozeman to award contract and approve subsequent payments of
$259,210 to Western States Reclamation for the Clear Creek Trail Maintenance
Replacement Project, seconded by CM Hutchinson, motion carried 8-0.
6. Motion approving the appointment of an administrative hearing officer for a
hearing for the protest of the Certification of Insufficiency for the Referendum
Petition for Ordinance 1744
CM Hutchinson introduced the Motion
Issue
Appointment of Judge Paul Basso as the presiding administrative hearing officer for the
protest hearing for the Certification of Insufficiency for the Referendum Petition for
Ordinance 1744
Staff Presentation
City Attorney Gerald Dahl spoke briefly on the item where on September 16, 2022, City
of Wheat Ridge City Clerk Steve Kirkpatrick delivered via email a Certification of
Insufficiency for the Referendum Petition for Ordinance 1744 to the Mayor and Council.
On October 4, 2022, six individuals jointly filed a timely protest of the Certification of
Insufficiency with the Clerk’s office.
The protest process is controlled by state statute. C.R.S. § 31-11-110. Clerk Kirkpatrick
must mail a copy of the protest to the designated petition representatives with a notice
fixing a time for a hearing that is five (5) to ten (10) days from the date that the Clerk’s
notice of protest is mailed. C.R.S. § 31-11-110(1). Clerk Kirkpatrick has requested a
hearing officer be appointed in his stead to oversee proceedings. The City Attorney’s
and City Clerk’s offices worked cooperatively in recommending an administrative
hearing officer who possesses both familiarity with City proceedings and the required
calendar availability for the protest hearing
Mayor Starker reviewed the procedures for public comment and no citizens appeared in
chambers or in the virtual format to address this issue.
City Council Minutes October 10, 2022 page 7
Public Comment
No one came forward to speak.
Council Questions
CM Hutchinson asked about the cost of hiring Judge Basso.
Motion by CM Hutchinson to approve the appointment of Judge Paul Basso, pursuant
to C.R.S. § 31-11-110(3), as the administrative hearing officer for the protest hearing for
the Certification of Insufficiency for the Referendum Petition for Ordinance 1744,
seconded by CM Stites, motion carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff
CITY ATTORNEY’S MATTERS
None
ELECTED OFFICIALS’ MATTERS
CC Kirkpatrick
CM Nosler Beck.
CM Stites a
CM Dozeman
CM Ohm
CM Weaver
CM Hoppe
CM Hultin.
Mayor Starker spoke about the 3-week hiatus; our next session in 3 weeks. Please,
drive carefully
ADJOURNMENT
The meeting adjourned at 7:38 pm.
City Council Minutes October 10, 2022 page 8
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON November 14, 2022
______________________________
Rachel Hultin, 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.