HomeMy WebLinkAbout04-10-23 City Council MinutesCity Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 10, 2023
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 6:30 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Janeece Hoppe
Amanda Weaver Korey Stites Valerie Nosler Beck
CM Rachel Hultin and Leah Dozeman, both excused themselves due to illness.
Also, present: City Attorney Gerald Dahl (virtually); City Clerk, Steve Kirkpatrick
(virtually); Chief of Police, Chris Murtha; Deputy City Manager, Allison Scheck; Director
of Comm. Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling,
Director of Parks and Recreation, Karen O’Donnell; Mary Hester, Sustainability
Coordinator; Jeff Streeter, Executive Director, JeffCom 911; other staff, guests and
interested citizens.
APPROVAL OF MINUTES
The Study Session Notes of March 6, 2023 and City Council Meeting Minutes of March 13,
2023 were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced
PROCLAMATIONS AND CEREMONIES
National Animal Control Week
The City of Wheat Ridge recognized the Animal Care and Control personnel providing
essential community functions by enforcing Animal Control laws, protecting the public
from diseases such as rabies, and educating the public on the proper care of
community pets. Team Leader Phil Schroder of the WR PD Community Service
accepted the recognition and thanked the Mayor and Council for their gratitude.
National Crime Victims’ Rights Week
Mayor Starker spoke how the victims' rights movement has resulted in the passage of
laws at the local, state, and federal levels that established essential rights for victims.
Wheat Ridge Detective Sherry Ellis accepted the Proclamation and thanked the Mayor
and Council. She described the traumatic recovery process that victims face, requiring
courage and perseverance. WRPD takes pride in their role in this process.
National Telecommunicators Week
Mayor Starker proclaimed to recognize National Public Safety Telecommunicators
Week 2023 and to honor the service of the 118 men and women who respond to
emergency calls, dispatch emergency professionals and equipment, and render life-
saving assistance to the citizens of Wheat Ridge. Jeff Streeter, Executive Director,
JeffCom 911 services accepted the proclamation on behalf of his agency and the 911
operators who save lives, limbs and property daily with the services they provide.
Arbor Day/Earth Day
Mayor Starker spoke how all people, regardless of race, gender, income, or geography,
have a right to a healthy, sustainable environment with economic growth and
opportunity that we are all caretakers of our planet and have an obligation to combat
climate change and environmental degradation to preserve the Earth's beauty and
resources. Mary Hester accepted the Proclamation from Mayor Starker.
PUBLIC’S RIGHT TO SPEAK
Maranda Thompson, 645 Parfet St., Lakewood came to address the first item on the
Special Study Session agenda tonight. She opposes the proposed policies and
ordinance related to Drug Paraphernalia that the WR PD is proposing. She presented
data and analysis to support her position, that addressing only those who inject drugs,
will do more harm than good. The proposed amendment should not pass.
Maxwell Johnson, commented as the supervisor of the group to which the former
speaker referred. He emphasized that their agency addresses the needs of all drug
users in WR, not just those who inject but also to the entire population. He too thinks
that the proposed ordinance will create more problems than it solves.
Note about Wheat Ridge Speaks:
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 Wheat Ridge Speaks for this session.
1. CONSENT AGENDA
CM Hoppe introduced the consent agenda.
a. Resolution No. 11-2023 – a resolution approving an IGA agreement among the
City of Lakewood, the City of Wheat Ridge, and the West Metro Fire Protection
District for the use and maintenance of a shared radio communications system
Issue
This Agreement sets forth rights and responsibilities regarding ownership and utilization
of the radio system jointly owned and shared by the City of Lakewood (Lakewood), City
of Wheat Ridge (Wheat Ridge), and the West Metro Fire Protection District (WMFPD).
The agreement also addresses radio system maintenance, as well as individual agency
equipment maintenance services and costs, provided by Lakewood’s Radio
Communications Division.
b. Resolution No. 12-2023 - a resolution amending the 2023 Fiscal Year General
Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $18,584 to accept a grant from the Colorado Automobile Theft
Prevention Authority
Issue
The Department of Public Safety, Colorado Automobile Theft Prevention Authority
(CATPA) , is providing a grant to the City to assist in preventing thefts of catalytic
converters. In 2023, CATPA awarded the Wheat Ridge Police Department $18,584 to
be used to mark and register catalytic converters.
c. Resolution No. 13-2023 – a resolution amending the 2023 Fiscal Year General
Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $84,382 for the purpose of accepting a grant from the Colorado
Division of Criminal Justice Fentanyl Accountability and Prevention Grant
Program
Issue
The Colorado Division of Justice (DOJ) awards police departments grant funds to be
used for law enforcement purposes. In 2023, the DOJ, as part of the Fentanyl
Accountability and Prevention Grant Program, awarded the Wheat Ridge Police
Department $84,382 to be used for supplies, technology, and travel for the purpose of
investigating deaths and injury caused by illegal synthetic opiate poisoning and
disrupting synthetic opiate supplies.
d. Motion Resolution No. 14-2023 – a resolution amending the 2023 Fiscal Year
General Fund budget to reflect the approval of a supplemental budget
appropriation in the amount of $66,296 for the purpose of awarding a contract in
the amount of $162,295.31 and approving subsequent payments to TerraCare
Associates, LLC for right-of-way maintenance services.
Issue
This request is for approval of the annual right-of-way (ROW) maintenance service
contract. The City currently contracts annually for mowing, weed prevention and
mitigation, and trash pickup in various right-of-way areas. TerraCare was selected by
the review team at the conclusion of a formal bid process for a contract in the not-to-
exceed amount of $162,295.31. Only $96,000 was included in the 2023 budget;
therefore, a supplemental budget appropriation in the amount of $66,296 is required.
e. Resolution No. 15-2023 – a resolution amending the 2023 Fiscal Year Public Art
Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $8,000 for the purpose of awarding a contract in the amount of
$475,000 and approving subsequent payments to COR4 Studios for Wadsworth
public art
Issue
Utilizing the process defined in the Public Art Management Plan, Council approved the
selection of Cor4 Studios (formerly JCAS Studios) for the public art associated with the
Improve Wadsworth Project in November 2022. This resolution will award a contract to
Cor4 Studios and appropriate an additional $8,000 from the Public Art Fund required to
fund the $475,000 contract.
f. Resolution No. 16-2023 – a resolution authorizing community financial support as
a match for a Transportation Alternatives Program Grant application for
improvements to the Clear Creek Trail
Issue
The Transportation Alternatives Program (TAP) provides funding through CDOT for
local transportation alternatives to driving at 80% of the project cost. The Parks and
Recreation Department proposes to apply to this program for concrete replacement
throughout segments of the Clear Creek Trail to improve the Trail to the 10-foot wide
standard, add crusher fines shoulders where feasible, and add a Creekside
Park/Marshall St. connection.
g. Resolution No. 17-2023 – a resolution approving a contract with the Colorado
Department of Transportation for maintenance of traffic signals
Issue
Three traffic signals at the I-70/32nd Avenue interchange are owned by the Colorado
Department of Transportation (CDOT). CDOT and the city have previously entered into
5-year agreements for the city to operate and maintain these signals. The current
agreement expires on June 30, 2023. The city will be compensated annually by CDOT
for the maintenance activities.
h. Motion approving an amendment to the temporary site lease agreement with T-
Mobile West, LLC
Issue
In June of 2022, City Council approved a lease agreement and a temporary site lease
agreement with T-Mobile West, LLC. In January of 2023, staff returned to Council to
update the commencement date on the lease agreement due to supply chain issues.
The same date also needs to be adjusted in the temporary site lease agreement. We
are requesting a motion to make that simple date adjustment.
i. Motion approving an amendment to the temporary site lease agreement with
Verizon Wireless
Issue
In June of 2022, City Council approved a lease agreement and a temporary site lease
agreement with Verizon Wireless. In January of 2023, staff returned to Council to
update the commencement date on the lease agreement due to supply chain issues.
The same date also needs to be adjusted in the temporary site lease agreement. We
are requesting a motion to make that simple date adjustment.
j. Resolution No. 18-2023 – a resolution approving IGA’s with Jefferson County
concerning ballot box use at Wheat Ridge City Hall, Anderson Park, and
Prospect Park
Issue
The City of Wheat Ridge has three Jefferson County ballot box locations on City
property: Wheat Ridge City Hall, Anderson Park, and Prospect Park. These locations
provide convenient locations for residents to drop off completed ballots. The City has
Intergovernmental Agreements (IGAs) in place with Jefferson County for each location.
This request for approval includes a new IGA for the City Hall location and amendments
to the existing IGAs for Anderson Park and Prospect Park.
k. Resolution No. 19-2023 – a resolution amending the Fiscal year 2023 General
Fund budget to reflect approval of a supplemental budget appropriation in the
amount of $8,766 to fund the Safety Program
Issue
The City recently received an unexpected dividend refund from the City’s workers’
compensation insurance provider, Pinnacol Assurance in the amount of $8,766. In
2023, the City hired its first Risk Management Coordinator, and that employee is
increasing the Safety Committee programming and providing a much more robust
overall risk management program. To fund some new activities, staff would like to offset
expenses with the Pinnacol Assurance dividend and put those funds to good use
through increased risk management programming.
Motion by CM Hoppe to approve Consent Agenda Items a.), b.), c.), d.), e.), f.), g.), h.),
i.), j.), and k.) seconded by CM Ohm, motion carried 6-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
There were none tonight
ORDINANCES ON FIRST READING
2. Council Bill No. 07-2023 – an ordinance approving the rezoning of property
located at 7890 W. 38th Avenue from Residential-Two (R-2) to Mixed-Use-
Neighborhood (MU-N)
CM Weaver introduced Council Bill 07-2023
Issue
The applicant is requesting approval of a zone change from Residential-Two (R-2) to
Mixed Use-Neighborhood (MU-N) for property located at 7890 W. 38th Avenue. The
zone change will result in a zoning that allows for neighborhood serving uses and
provides a transitional buffer between the existing residential uses and commercial
uses.
Motion by CM Weaver to approve Council Bill 07-2023, an ordinance approving the
rezoning of property located at 7890 W. 38th Avenue from Residential-Two (R-2) to
Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set
for Monday, May 8, 2023, at 6:30 p.m. as a virtual meeting and in City Council
Chambers and that it takes effect 15 days after final publication, seconded by CM
Hoppe, motion carried 6-0.
DECISIONS, RESOLUTIONS AND MOTIONS
3. Motion to award the 2023 bridge repair project on Youngfield Street over Clear
Creek to TechCon Infrastructure, LLC of Denver, Colorado, and approve
subsequent payments in the amount of $469,911, with a contingency amount of
$46,991, for a total not to exceed the amount of $516,902
CM Nosler Beck introduced the Motion.
Issue
The 2023 Bridge Repair Project will perform critical maintenance to the Youngfield
Bridge over Clear Creek. This work will not modify the structure or add any features
such as sidewalks. Four bids were received for this work in response to an Invitation to
Bid. Staff recommends awarding a contract to the lowest responsive bidder, TechCon
Infrastructure, LLC. of Denver, Colorado in the amount of $469,91 plus a staff-managed
contingency of $46,991 for a total not-to-exceed amount of $516,902.
Staff Presentation
Director of Public Works, Maria D’Andrea gave a brief presentation, summarizing how
the city owns and maintains 11 bridges. These are inspected every three years by the
Colorado Department of Transportation (CDOT) which provides a report showing
deficiencies and maintenance needs. This specific bridge was last rated in 2021 and
showed the need to address deterioration of the bridge joints and one of the pier caps
as well as address scour mitigation around one of the bridge piers. The project will add
expansion devices to the existing bridge to increase durability. Currently, there are no
expansion devices, so the asphalt at the beginning and end of the bridge is cracking,
allowing water to seep through to the abutment. In order to prevent this, approach slabs
with sleeper slabs are being constructed to accommodate expansion devices.
Public Comment
No one came forward to speak.
Council Questions and comments
None on this item, having thoroughly reviewed it previously,
Motion by CM Nosler Beck to award the 2023 Bridge Repair Project and approve
subsequent payments to TechCon Infrastructure, LLC in the amount of $469,911, with a
contingency amount of $46,911 for a total not to exceed amount of $516,902, seconded
by MPT Stites, motion carried 6-0.
4. Resolution No. 20-2023 – a resolution in opposition to statewide land use and
zoning preemptions in Senate Bill 23-213 unless amended to address local
concerns
MPT Stites introduced Resolution 20-2023
Issue
The State of Colorado has committed both in statute and in state constitution to the
local control of land use planning and zoning because local governments are closest to
the land and to the people that occupy it. Senate Bill 23-213 would place statewide
mandates on local land use matters and substitute the judgement of legislators and
state regulators who lack the understanding needed to make the right decisions for
Wheat Ridge. SB 23-213 will undermine long-range planning efforts and will severely
limit the City’s ability to maintain reasonable zoning regulations to ensure a high quality
of life and sound economic environment for our current and future residents, workers,
and business owners.
Staff Presentation
City Manager Patrick Goff presented to council that while Wheat Ridge supports efforts
to address housing affordability and has already implemented many of the concepts
advanced in the bill including accessory dwelling units, transit-oriented development,
and increased densities on commercial corridors. In addition, the City adopted an
Affordable Housing Strategy and Action Plan on January 9, 2023 as a guiding document
to address housing affordability in Wheat Ridge. As recommended in this Plan, the City
has created a housing fund with a dedicated revenue source to preserve affordable
housing units in Wheat Ridge and stood by to answer questions.
Public Comment
No one came forward to speak.
Council Questions and comments
MPT Stites asked the Mayor to report on the details he could comment or opine about
from the legislative committee hearing he attended last week. His Honor gave a lengthy
and detailed answer.
CM Nosler Beck commented that has heard from people familiar with the matter that a
number of amendments to the initial draft of the bill are under consideration. Later she
asked that Council receive weekly updates on the course of SB 23-213. She indicated
she will support the proposed resolution.
Motion by MPT Stites to approve Resolution No. 20-2023, a resolution in opposition to
statewide land use and zoning preemptions in Senate Bill 23-213 unless amended to
address local concerns, seconded by CM Hutchinson, motion carried 6-0.
During the discussion of the motion, CM Hoppe read into the record a statement she
sent on behalf of Wheat Ridge to our legislators.
CM Ohm and MPT Stites both indicated that they support the resolution for a number of
reasons based on provisions in the initial bill that Council opposes.
CITY MANAGER’S MATTERS
Mr. Goff deferred until after the Special Study Session.
CITY ATTORNEY’S MATTERS
None.
ELECTED OFFICIALS’ MATTERS
CM Ohm reported several complaints from residents regarding the sound of gunfire
from a shooting range (indoor) located in District II. He asked that staff investigate the
noise level and act if the law allows or requires it. Mr. Goff agreed to keep CM Ohm
informed of the outcomes.
CM Nosler Beck announced that on May 10 from 5 to 7 pm there will be a celebration of
Wilmore Davis School’s contributions to our City in the 50 years since it opened as the
school prepares to close next month.
CM Hutchinson announced that the program formerly called the 9News Health Fair is
now 365 Health, and it continues to offer a great opportunity for people to get diagnostic
help and sound referrals for healthcare.
CM Weaver commented on the significance of the efforts among those who received
Proclamations this evening, especially the WR PD Community Services Team and their
excellent and innovative work.
MPT Stites recognized the Applewood Sustainable Neighborhood for their ongoing work
and several successful events already this year. He asked us to remember if you can
find it in WR, buy it in WR.
Mayor Starker reported how much he enjoyed the recent City sponsored Easter Egg
Hunt and thanked the staff who conducted the event for their hard work. Many families,
especially those with young children, attended and a good time was had by all,
especially the children.
ADJOURNMENT to SPECIAL STUDY SESSION
The meeting adjourned at 7:42 pm.
APPROVED BY CITY COUNCIL ON April 24, 2023.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Korey Stites, 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.