HomeMy WebLinkAbout05-8-23 City Council Meeting MinutesCity Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
May 8, 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 6:31 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Scott Ohm Rachel Hultin Amanda Weaver Korey Stites
Leah Dozeman (at 6:40 pm) Valerie Nosler Beck
CM Hutchinson and Janeece Hoppe excused themselves this evening.
Also, present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Chief of Police,
Chris Murtha; Officer Alan Fisher, Officer Kylie Fisher; WR PD; Director of Comm.
Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of
Parks and Recreation, Karen O’Donnell, Director of Public Works, Maria D’Andrea;
other staff, guests and interested citizens.
APPROVAL OF MINUTES
The Study Session Notes of April 17, 2023 and City Council Minutes of April 24, 2023
were approved as published
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
National Police Week (May 14 - May 20) and National Peace Officers Memorial Day
(May 15)
Mayor Starker read a proclamation declaring May 15 as National Peace Officers
Memorial Day, and the week of May 10-16 as National Police Week. Officer Alan
Fischer, who was the victim of life-threatening attack while on duty on April 13, 2022
acknowledged and accepted the proclamation on behalf of entire City of Wheat Ridge
Police force. He commented on how the people of Wheat Ridge show strong support
for our police force and how much the sworn officers appreciate that support.
National Public Works Week – May 21 to May 27
Mayor Starker proclaimed the week of May 22-27, 2023 National Public Works Week
Director of Public Works Maria D’Andrea responded with appreciative comments on
behalf of the department. A number of the staff attended the session to accept the
proclamation’s gratitude for their dedication, professionalism and service.
PUBLIC’S RIGHT TO SPEAK
Patrick Quinn, 3995 Moore St., came to recognize the WRPD for their recent
engagement with the citizens in the academy that they offered recently. He thoroughly
and completely enjoyed the experience and expressed his unreserved support for our
force.
Brett Kelley, 4095 Cody St. - Heard about some enforcement activities with respect to
tree safety. He sees some inconsistencies in the enforcement of the safety triangle at
intersections and the homeowners’ duty to trim foliage that blocks the triangle. He
expects more equality and fairness in the enforcement of these requirements going
forward than we see today.
Alma Carrillo, a staffer with Representative Brittany Pettersen’s office, called to invite
her constituents to contact her office whenever the Congressmember might be of help.
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).
One comment appeared in WR Speaks for tonight’s session:
Alma Carrillo ∙ May 8, 2023 ∙ 11:24am Hello, My name is Alma Carrillo. I am a representative from
Congresswoman Pettersen's office. If you have any issues with a Federal Agency please reach out to our
office. Our number is (303) 274‐ 7944. Or drop by at 550 S Wadsworth Blvd. Suite 400. Thank you!
Address: 550 S Wadsworth Blvd. Suite 400. Lakewood, 80226.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. 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.
Mayor Starker opened the public hearing following the staff presentation and ordered
that that presentation be included in the public record. Without objections, it was so
ordered.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1759.
Staff Presentation
Planner I Alayna Olivas-Loera gave a detailed presentation which included the
background where the property is located on the southeast corner of W. 38th Avenue
and Allison Street. The property is zoned Residential-Two (R-2) and is situated as a
transitional site between a commercial district and residential neighborhood. Adjacent
properties to the west are also zoned R-2 and include single-unit and duplex homes in a
well-established neighborhood. On all other sides of the subject property are higher
intensity uses. The site is wrapped to the south and east by a Planned Commercial
Development (PCD) which includes a 4-story office building. Additional commercial
uses are located further east, and across 38th Avenue to the north are medical office
buildings and the Wilmore Center.
Other items included but were not limited to:
Current Zoning: The current zone district, R-2, is a legacy zone district dating
back to 1972 and was established to provide high quality, safe, quiet and stable
low to moderate-density residential neighborhoods, and to prohibit activities of
any nature which are incompatible with the residential character.
Proposed Zoning: The applicant has stated they believe the zone change would
enable them to bring an invaluable and much needed service to the community,
quality childcare, and that the ability to utilize the property and existing structure
would allow them to improve the site and increase curb appeal.
Ms. Olivas-Loera finished by saying that these MU-N properties can serve as a
transition zone as properties gradually get smaller in size, and this property has the
ability to serve the same transitional purpose. MU-N zoning is appropriate for this
segment and particularly on this property given its size and its location and can act as a
transition between the commercial uses immediately to the east, as well as the uses on
Wadsworth Boulevard, and the neighborhood to the west.
Afterwards she stood by to answer any questions.
Public Comment
No citizens appeared in chambers to address this issue There were none who wanted
to speak through the Zoom format.
Council Questions and comments
CM asked for clarification of who will be notified of these changes and how.
Motion by CM Weaver to approve 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), on second reading, and that it takes effect 15 days
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 recommendation of approval.
3. The proposed rezoning has been found to comply with the review criteria in
Section 26-112 of the Code of Laws
Seconded by MPT Stites, motion carried 6-0.
CM Nosler Beck expressed her support for this Ordinance.
CM Dozeman recounted the history of the property. She also supports this proposed
Ordinance.
2. Council Bill No. 08-2023 – An Ordinance amending Section 26-115.e of the
Wheat Ridge Code of Laws concerning requests for interpretation by the Board
of Adjustment.
CM Nosler Beck introduced Council Bill 08-2023
Issue
The proposed ordinance exempts deed-restricted affordable dwelling units from the
parkland dedication or fee-in-lieu requirement established by Section 26-414 of the
subdivision code. It also adds a definition of deed-restricted affordable dwelling units to
Section 26-123 of the code.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1760.
Staff Presentation
Senior Planner, Scott Cutler presented to council where the current subdivision code
parkland dedication requirements were established by Section 26-414 in 2014 and are
applied to all new residential projects within the City. Developers are either required to
dedicate public parkland on site or pay a fee-in-lieu of dedication. Since most sites
would only have small or impractical dedications, most developers are required to pay
the fee-in-lieu.
He stated that there are no exemptions or fee waivers for deed-restricted affordable
housing projects, which are defined as units that have agreements recorded against the
property limiting the rent or sales price of that unit based on income. For example, a 50-
unit affordable housing apartment building would be required to pay $101,081 under the
current model, which is added to overall permit fees.
After his presentation, he stood by to answer questions.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions and comments
CM Hultin asked detailed questions of staff and the City Attorney regarding definitions of
some of the terms and how residents will navigate through the process. Staff and Mr.
Dahl gave a specific answer.
Motion by CM Nosler Beck to approve Council Bill No. 08-2023 - an ordinance
amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning
requirements for dedication of public parks and sites and making conforming
amendments therewith, on second reading and that it take effect immediately upon
adoption, seconded by CM Ohm, motion carried 6-0
3. Council Bill No. 09-2023 – An Ordinance approving the transfer of municipally-
owned properties along Wadsworth Boulevard and from adjacent streets
between 35th Avenue and Interstate 70 to the Colorado Department of
Transportation, on second reading, and that it takes effect upon adoption.
CM Hultin introduced Council Bill 09-2023
Issue
Wadsworth Boulevard is a state highway that is owned and maintained by the Colorado
Department of Transportation (CDOT). The City has completed the right-of-way
acquisition process for the Improve Wadsworth project. The next step is for Council to
approve the disposal or transfer of right-of-way to CDOT by ordinance.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1761.
Staff Presentation
Project Supervisor, Mark Westberg reviewed the background on this item where council
discussed this subject in Study Session on September 21, 2020, staff updated Council
in a study session on the status of the ROW acquisitions, including eleven (11)
properties which had either stalled in negotiations or were trending towards stalled
negotiations. Settlements were eventually reached on nine (9) of the properties.
The remaining two properties continued through the eminent domain process with the
filings being made on the first property in November 2020. The trial for that property was
held in early February 2022 with the City’s valuation of the acquisition being upheld and
no additional funds being awarded for damages.
The filings for the other property were made in February 2021 with that trial originally
scheduled for late March 2022. While preparing for the trial, a mediation conference
was held in mid-March 2022 during which the parties reached a mutual agreement on
the acquisition cost.
Mr. Westberg finished by stating that in order to simplify the transfer, a single deed has
been prepared that includes the existing CDOT ROW and most of the acquired ROW
along with the existing City ROW that will be transferred to CDOT. CDOT has reviewed
the documents, has approved the form, and is awaiting this action by the City to accept
the ROW that is being transferred to them.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions and comments
Having recently studied this issue in Study Session, CM had no questions or comments.
Motion by CM Hultin to approve Council Bill No. 09-2023 - an ordinance approving the
transfer of municipally-owned properties along Wadsworth Boulevard and from adjacent
streets between 35th Avenue and Interstate 70 to the Colorado Department of
Transportation, on second reading, with an amendment to say, in the fourth line of the
motion adding, in Section 1, “as shown on the attached exhibit,” and that it takes effect
upon adoption, seconded by MPT Stites, motion carried 6-0.
During discussion of the motion CM Nosler Beck asked for assurance that safe
crossings for school children be maintained throughout planning and construction.
4. Resolution No. 23-2023 – A Resolution approving a major subdivision at 4600
Kipling Street in the Mixed-Use-Commercial (MU-C) zone district
CM Dozeman introduced Resolution 23-2023.
Issue
The applicant is requesting approval of a major subdivision on property zoned Mixed
Use – Commercial (MU-C) and located at 4600 Kipling Street, which consists of the
vacant land at the northeast corner of W. 44th Avenue and Kipling Street. The purpose
is to subdivide the property into two blocks and to plat two new public streets
Staff Presentation
Senior Planner, Scott Cutler presented to council the prior actions and background on
the issue where in 2015, City Council approved a rezoning of the 12.5-acre property to
MU-C, a zone district intended for major commercial corridors which encourages
medium to high density mixed-use development. The site is part of a “mega block” that
is bounded by Kipling Street on the west, W. 44th Avenue on the south, Independence
Street on the east, and the I-70 Frontage Road on the north. The City approved a
Concept Plan for this site in January 2021, which is a requirement of the mixed-use
code for sites over 10 acres.
The proposed subdivision plat divides the site into two blocks in accordance with the
Concept Plan. Two new full-width public streets are being dedicated, which is why this
application is considered a major subdivision. The two new streets, W. 45th Place and
Jellison Street were requested to provide the start of a street grid within the mega-block
and to provide high-quality public access into this large site.
Mr. Cutler wrapped up by stating that Right-of-way dedications will also be required
along Kipling Street and W. 44th Avenue for this subdivision to allow the construction of
public improvements along both frontages. Future streetscapes will consist of detached
sidewalks, landscaped amenity zones, and street lighting. There are no sidewalks on
Kipling Street currently, and a narrow, attached sidewalk along 44th Avenue; the
subdivision allows the City to assess right-of-way conditions and require public
improvements.
Public Comment
Randy Kettelsen, 9950-9890 48th Avenue West, Owner of Kettelsen Campers in Wheat
Ridge. As a neighboring property owner, he came to seek reassurances that his
business will be not get locked out of access for ingress, egress, sewer, water and other
necessary functions.
Council Questions and comments
CM Hultin thanked the speakers for their presentation. Then she asked some detailed
questions about the site: sidewalks, trails along 32nd to 44th Avenues. She also asked
about the status of a bus stop operated by RTD along the same right of way. Mr.
Westberg gave detailed answers, including the City cooperation with RTD. She also
expressed concerns about the potential congestion of pedestrian, cyclist and vehicular
traffic; Mr. Westberg answered again.
CM Weaver asked further questions about street dead ends and connectivity using
public access. Mr. Cutler called upon Jim Shipman, consultant on this project, who
gave a detailed answer, including where utility connections will be placed.
CM Dozeman asked whether the site plans would be administrative or come back to
Council. Mr. Cutler indicated it will be administrative procedures.
Mayor Starker asked who would pay for the construction of additional streets in the
event of future construction. Mr. Cutler gave a detailed answer.
Motion by CM Dozeman to approve Resolution No. 23-2023, a resolution approving a
major subdivision at 4600 Kipling Street in the Mixed Use – Commercial (MU-C) zone
district for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Sections 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with the subdivision
regulations in Article IV of Chapter 26 of the Code of Laws.
4. All agencies can provide services to the property with improvements installed at
the developer’s expense.
And with the following conditions:
A Subdivision Improvement Agreement shall be required to be recorded with the
plat, outlining the developer’s and owner’s current and future obligations to
construct public and on-site improvements to allow development to proceed.
Future plats shall be required to create the necessary on-site easements within
each block, to be coordinated with future development.
Seconded by CM Nosler Beck, motion carried 6-0.
ORDINANCES ON FIRST READING
5. Council Bill No. 10-2023 – An Ordinance amending Articles I and IV of Chapter
26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision
requirements.
CM Hultin introduced Council Bill 10-2023
Issue
The proposed ordinance makes necessary updates to Articles I and IV of Chapter 26 of
the code, specifically to modernize and clean up portions of the City’s subdivision
requirements. These updates include changing incorrect or outdated cross-references,
adding modern terminology, clarifying existing requirements, updating application
requirements, and removing sections of the code that conflict with the current
subdivision regulations. The ordinance clarifies when owners’ associations are required
and the obligation of those associations and clarifies requirements for drainage and
irrigation facilities.
Motion by CM Hultin to approve Council Bill 10-2023, an ordinance amending Articles I
and IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s
subdivision requirements, on first reading, order it published, public hearing set for
Monday, May 22, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers
and that it take effect fifteen (15) days after final publication; seconded by CM Weaver,
motion carried 6-0.
6. Council Bill No. 11-2023 – An Ordinance approving the transfer of municipally-
owned properties along Wadsworth Boulevard and adjacent streets between 35th
Avenue and Interstate 70 to the Colorado Department of Transportation
CM Nosler Beck introduced Council Bill 11-2023
Issue
The City owns an isolated strip of real property as right-of-way (ROW) that is 24 feet by
165 feet located along the east side of 4455 Simms Street. When the property was
acquired by Jefferson County in 1955, it was intended as ROW for a future street
extension. Community Development has determined that the parcel does not serve a
public purpose because an extension of Simms Street is not practical at this location..
Motion by CM Nosler Beck to approve Council Bill 11-2023, an ordinance vacating any
interest held by the City in a portion of Simms Street, a public roadway, order it
published, public hearing set for Monday, May 22, 2023, at 6:30 p.m. as a virtual
meeting and in City Council Chambers, and that it takes effect immediately after final
publication; seconded by CM Dozeman, motion carried 6-0.
DECISIONS, RESOLUTIONS AND MOTIONS
7. Motion to approve appointment of representatives to the 2023 Community
Partners Grant Program Committee
MPT Stites introduced the Motion.
Issue
The purpose of creating the 2023 Community Partners Grant Program Committee is to
provide an additional opportunity for residents to participate in the budget process. This
committee gives residents the opportunity to weigh community needs with available
resources and provide recommendations to City Council.
Staff Presentation
Mr. Goff gave a brief presentation, related to the current Community Partners Grant
Program Committee has two returning members from the 2022 which will leave six
vacancies to fill. To fill the openings in each district, staff advertised for new committee
members on the city website, social media and through a press release.
Motion by MPT Stites to appoint the following five individuals to the 2023 Community
Partners Grant Programs Committee, term to expire after 2025 budget recommend-
dations are presented in 2024, seconded by CM Dozeman, motion caried 6-0:
Geneva Fox District I
Dan Grave District II
Stephanie Tanner District III
Diana Lopez District III
Alexander Goldsmith District IV
CM Hultin thanked those just appointed and those continuing to serve for their
volunteerism for the benefit of the community.
8. Resolution No. 24-2023 – a resolution approving an Intergovernmental
Agreement with the Colorado Department of Transportation regarding
constructing a shared use path on the west side of Wadsworth Boulevard
between 32nd and 35th Avenues in the amount of $7,500,000
CM Weaver introduced Resolution 24-2023
Issue
In 2022, the City was awarded funding through the Denver Regional Council of
Governments Transportation Improvement Program to construct a shared path along
the west side of Wadsworth Boulevard between 32nd and 35th Avenues. In addition,
improvements at the intersection of 32nd Avenue are planned in cooperation with the
Colorado Department of Transportation (CDOT) that were included in the funding. The
funding includes both federal and state funding.
CDOT administers the funding, so an intergovernmental agreement needs to be
executed that outlines the various parties’ responsibilities, summarizes the funding
sources, and details the requirements of the funding sources.
Staff Presentation
Project Supervisor, Mark Westberg presented to council the prior actions and
background on the issue where closing the gap in the bicycle and pedestrian path
along Wadsworth Boulevard between 32nd and 35th Avenues has been a high priority
for several years. City staff completed a conceptual design for an attached sidewalk
along the west side of Wadsworth a few years ago. A conceptual cost estimate of $1.6
million was prepare with that design. Steep grades at the Rocky Mountain Ditch
crossing make it challenging to keep the slopes for the sidewalk within American
Disability Act (ADA) guidelines. In addition, the need for property acquisition increases
the costs.
Denver Regional Council of Governments (DRCOG) issued a call for projects for an
amendment to the current Transportation Improvement Program (TIP) due to additional
federal and state funding being available, with an emphasis on multi-modal projects.
Since the $1 million that was allocated by Council was likely not going to adequately
fund the attached sidewalk project, staff chose this project as one of the three projects
to apply for TIP funding.
Due to the need to reconstruct the sidewalk ramps at the 32nd Avenue intersection, staff
reached out to CDOT to coordinate that effort and learned that CDOT was planning to
replace the traffic signals at that intersection. So, staff worked with CDOT to combine
the projects to increase the scope of their project using the grant funds. CDOT will be
contributing all of their allocated funding, $700,000 towards the local match, which
reduces the City’s share of the local match to $300,000.
Also discussed were items such as:
The funding breakdown
The Intergovernmental Agreement
Public Comment
No one came forward to speak.
Council Questions and comments
CM Hultin thanked Mr. Westberg for his presentation. She then asked two specific,
technical questions, which Mr. Westberg answered in detail.
Motion by CM Weaver approving an intergovernmental agreement with the Colorado
Department of Transportation regarding constructing a shared use path on the west
side of Wadsworth Boulevard between 32nd and 35th Avenues in the amount of
$7,500,000., seconded by MPT Stites, motion carried 6-0.
CM Ohm expressed his thanks to all on Council and among staff who made this
possible. It is a great addition to the City.
9. Resolution No. 25-2023 – a resolution approving an Intergovernmental
Agreement with the Colorado Department of Transportation regarding
constructing bicycle facilities on 32nd Avenue between Xenon and Zinnia Streets
in the amount of $1,000,000
MPT Stites introduced Resolution 25-2023
Issue
In 2022, the City was awarded construction funding through the Denver Regional
Council of Governments Transportation Improvement Program to construct an
extension of bicycle lanes along 32nd Ave from Xenon Street, under I-70, west to Zinnia
St. The project will improve safety along the popular 32nd Ave bicycle route and provide
multimodal connections that are currently lacking under I-70. The funding includes
federal funding, including ARPA funds, which will only be used for the construction
phase of this project.
CDOT administers the funding, so an intergovernmental agreement needs to be
executed that outlines the various parties’ responsibilities, summarizes the funding
sources, and details the requirements of the funding sources.
Staff Presentation
Civil Engineer II, Jordan Jefferies presented to council the prior actions and background
on the issue where on August 22, 2022, Council awarded a design contract to David
Evans & Associates (DEA) for final design and environmental clearance for the 32nd
Avenue Bike Facilities project. The project does not require the acquisition of right-of-
way.
For the 32nd Ave Bike Facilities project, the City requested $890,000 in federal funding
for almost 90% of the estimated $1 million in construction costs. Whenever federal
funds are received for one or more phases of a project, all phases of the project must
follow the federal process, i.e., the entire project is federalized. The biggest impacts to
the non-construction phases are to the environmental and ROW phases with several
new tasks being added to the consultant’s scope of work. A couple of minor items are
also added to the design phase
Also discussed were items such as:
The funding breakdown
Proposed improvements
Intergovernmental agreement with the CDOT
Public Comment
No one came forward to speak.
Council Questions and comments
CM Ohm expressed some concern about the traffic flow and safety for families,
pedestrians and cyclists. Mr. Jefferies described the planning process to address these
flow and safety issues.
Motion by MPT Stites to approve Resolution No. 25-2023, a resolution approving an
intergovernmental agreement with the Colorado Department of Transportation regarding
constructing bicycle facilities along 32nd Avenue between Xenon and Zinnia Streets in
the amount of $1,000,000, seconded by CM Hultin, motion carried 6-0.
10. Resolution No. 26-2023 – a resolution approving an Intergovernmental
Agreement with the Colorado Department of Transportation regarding
constructing a pedestrian bridge, plazas, and multi-use trail extending south from
the Wheat Ridge Ward Station in the amount of $9,650,000
CM Dozeman introduced Resolution 26-2023
Issue
In 2022, the City was awarded construction funding through the Denver Regional
Council of Governments Transportation Improvement Program to construct a pedestrian
bridge over the G Line tracks, plazas at either of the bridge, and a multi-use trail
extending south to the I-70 Frontage Road North. The funding includes federal funding,
including ARPA funds.
CDOT administers the funding, so an intergovernmental agreement needs to be
executed that outlines the various parties’ responsibilities, summarizes the funding
sources, and details the requirements of the funding sources
Staff Presentation
Project Supervisor, Mark Westberg presented to council the prior actions and
background on the issue were starting in 2019, Council has acted several times
concerning the design and right-of-way (ROW) acquisition for the pedestrian bridge,
plazas, and trail projects which are collectively referred to as the Ward Station multi-
modal projects (Ward Station MM). These past Council actions have included approving
contracts and amendments for SEH to complete the construction plans and for HDR to
acquire the necessary ROW for the projects
There are mandatory environmental approvals requiring that an environmental
consultant be retained to prepare the reports that document the potential impacts that
the project may have on a variety of environmental resources. The reports, along with
the preliminary plans, will soon be submitted to CDOT for review and approval. In
addition, some tasks are required to obtain clearances, i.e., approvals, from the various
CDOT Specialty Units. The CDOT Specialties ensure that the federal process is being
followed and the federal funds are being spent appropriately.
Items also discussed were:
The Federal funding and breakdowns
The Intergovernmental agreement (IGA)
Proposed Improvement
Recommendations
Public Comment
No one came forward to speak.
Council Questions and comments
Mayor Starker asked about the timeline for construction to begin and Mr. Westberg
presented a detailed timeline. The Mayor then asked about the budget adequacy and
again Mr. Westberg answered.
Motion by CM Dozeman to approve Resolution No. 26-2023, a resolution approving an
Intergovernmental Agreement with the Colorado Department of Transportation
regarding constructing a pedestrian bridge, plazas, and multi-use trail extending south
from the Wheat Ridge Ward Station in the amount of $9,650,000, seconded by CM
Ohm, motion carried 6-0.
11. Resolution No. 27-2023 – A Resolution amending the Fiscal Year 2023 Renewal
Wheat Ridge Bond Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $308,627 for the purpose of making a payment to
Xcel Energy to underground the existing overhead electric lines to allow for the
construction of the Wheat Ridge ꞏ Ward Station pedestrian bridge.
CM Hultin introduced Resolution 27-2023
Issue
In order to construct the pedestrian bridge over the G-Line tracks, the City needs Xcel
Energy to underground the existing overhead electric lines in the vicinity of the
proposed bridge. Xcel requires a deposit for the estimated cost of the undergrounding
work prior to beginning the design. Since the amount is over $75,000, Council needs to
approve the payment
Staff Presentation
Project Supervisor, Mark Westberg presented to council the prior actions and
background on the issue where Council has taken several actions related to advancing
the construction of a pedestrian bridge at the Wheat Ridge ꞏ Ward Station including
awarding consultant contracts for design and rights-of-way acquisition starting in 2019.
On August 22, 2022, Council approved making a similar deposit for $188,253.92 to
enable Xcel staff to start working on the project. A supplemental budget appropriation
from the Renewal Wheat Ridge Bond Fund (Fund 40) is required to supplement what
was budgeted in 2023. The 2023 budget was adopted before the scope of work
changed resulting in the need for a new deposit for a larger amount.
In January 2023, Xcel refunded $187,345.77 of the original deposit which has been
added to Fund 40 as revenue. Xcel kept $908.15 to cover their costs prior to the change
in design. The full amount of the new deposit needs to be added to the Fund 40 budget
to fully cover the expense.
Also discussed were items such as:
The conceptual designs
Availability of bond funds
Public Comment
No one came forward to speak.
Council Questions and comments
CM Ohm asked for an explanation of an 800-foot requirement for the project imposed
by Xcel Energy, and Mr. Westberg gave a detailed answer.
The Mayor asked about re-connecting businesses and residences as the project work
gets done and Mr. Westberg gave an affirmative answer.
Motion by CM Hultin to approve Resolution No. 27-2023, a resolution amending the
Fiscal Year 2023 Renewal Wheat Ridge Bond Fund Budget to reflect the approval of a
supplemental budget appropriation in the amount of $308,627 for the purpose of making
a payment to Xcel Energy to underground the existing overhead electric lines to allow
for the construction of the Wheat Ridge ꞏ Ward Station pedestrian bridge, seconded by
CM Dozeman, motion carried 6-0.
12. Motion to approve an appointment to the Planning Commission.
By tradition, Board & Commission appointments are introduced by each District’s senior
member and seconded by the junior member.
CM Stites introduced the motion.
Issue
On April 13, 2023, Melissa Antol from District III resigned from the Planning
Commission effective immediately. The vacancy was posted for a term of one week on
the City of Wheat Ridge web site and promoted through various channels from April 17
through April 24. Applications have been compiled for Council’s review so that the seat
can be filled.
Staff Presentation
City Manager, Patrick Goff stood by to answer questions.
Public Comment
No one came forward to speak.
Motion by MPT Stites, seconded by CM Weaver, to appoint Patrick Quinn to the
Planning Commission, term to expire March 02, 2025, motion carried 6-0.
MPT Stites thanked Ms. Anatol for her service and Mr. Quinn for agreeing to volunteer
in this role.
13. Motion to award a contract and approve subsequent payment of $300,000 to
Mid-America Pool Renovation, Inc. for lap pool refinishing at the Wheat Ridge
Recreation Center.
CM Ohm introduced the Motion.
Issue
The lap pool surface finish at the Wheat Ridge Recreation Center has reached the
manufacture recommendation for refinishing to maintain a safe aquatic environment.
The lap pool needs to have a refinishing product installed.
Staff Presentation
Karen O’Donnell presented a brief staff report explaining that the goal is to contract with
a qualified individual or firm to remove and demolish damaged existing lap pool finish
patching and repairs. Except for items or materials indicated to be reused, salvaged,
reinstalled, or otherwise indicated to remain the City's property, demolished materials
shall become the Contractor's property and shall be removed from the site with further
disposition at the Contractor's option. After the damaged finish is removed, the
Contractor will apply new finish as directed by the city.
Funds for this RFP are budgeted in the 2023 Conservation Trust Fund for $280,000.
Mid-America proposal came in at $300,000; additional CTF funds will be allocated to
complete this project. Mid-America was the sole bidder in the process.
Public Comment
No one came forward to speak
Council Questions and comments
There were none.
Motion by CM Ohm to award a contract and approve a subsequent payment of
$300,000 to Mid-America Pool Renovation, Inc for lap pool refinishing at the Wheat
Ridge Recreation Center, seconded by MPT Stites, motion carried 6-0.
CM Hultin expressed her happiness and support for this motion.
14. Resolution No. 28-2023 – a Resolution approving an amendment to an
agreement with the Wheat Ridge Sanitation District regarding Phase II of the
Improve Wadsworth Project.
CM Ohm introduced Resolution 28-2023.
Issue
An Intergovernmental Agreement (IGA) between the City and the Wheat Ridge
Sanitation District (District) was approved by City Council in February 2021 to replace
the District’s sanitary sewer mains and other facilities during Phase I of the Improve
Wadsworth Project. An amendment to this IGA is required to replace and upgrade the
District’s sanitary sewer facilities in Phase II of the Improve Wadsworth Project. The City
will be reimbursed by the District for its portion of the work
Staff Presentation
Director of Public Works, Maria D’Andrea and Project Supervisor, Mark Westberg
presented to council the prior actions and background on the issue where early in the
utility coordination process for the Improve Wadsworth Project, the District expressed
interest in replacing its facilities in Wadsworth. The District was interested in replacing
the aging facilities and increasing the size of the sanitary sewer mains to provide
additional capacity for the anticipated growth that is and will be occurring along the
Wadsworth Corridor.
Including the reconstruction of the District’s facilities in the overall Improve Wadsworth
Project has several advantages for CDOT, the City, and the District:
Traffic impacts of replacing the aging District facilities are lessened by including
their work in the overall project due to having only one construction project.
Construction coordination will be much easier with the City’s general contractor
supervising all work.
The District does not have to pay for separate construction traffic control and to
remove or repair the existing pavement.
The District avoids the cost of performing night work, since most utility work on
Wadsworth is limited to the overnight hour
Public Comment
No one came forward to speak.
Council Questions and comments
There were none.
Motion by CM Ohm to approve Resolution No. 28-2023, a resolution approving an
amendment to an Agreement with the Wheat Ridge Sanitation District regarding Phase
II of the Improve Wadsworth Project, seconded by MPT Stites, motion carried 6-0.
CITY MANAGER’S MATTERS
Mr. Goff reported that unfortunately our grant application for homeless assistance was
not awarded in the first round but may be later. WR submitted a joint grant proposal
with two other cities.
Lutheran Hospital has announced a naming process for the new hospital at Clear Creek
Crossing. Council will hear more about this at a future study session. CM Hultin asked
for more information in writing to help prepare.
The Action Center will hold a fund raiser in May 18th.
CITY ATTORNEY’S MATTERS
Nothing tonight
ELECTED OFFICIALS’ MATTERS
CM Nosler Beck again reminded all of the Wilmore Davis closing ceremonies and
celebration on May 10th. She also mentioned that the Jeffco School Board is starting to
discuss closures on middle and high schools. We need to continue to follow these
developments and show our faces at school board meetings. The WR Piranhas are in
training for the coming aquatic competition season.
CM Hultin congratulated WR High School swimmers for their accomplishments. On
June 1-4 the Jefferson County Library will have its annual sale of books. When you
look at the whole of what we discussed and acted upon tonight, she is grateful for our
phenomenal staff.
CM Ohm asked us to support our local neighborhood activities, especially for youth.
CM Dozeman the 54th Annual Carnation Festival this August is seeking volunteers,
sponsors and entries for the Parade. Thursday through Sunday August 11-14.
CM Weaver is grateful to live here!
MPT Stites attended the opening of the new facilities at Happiness Gardens. He is
excited to fill in for the Mayor this Saturday at 9 am at Vignola’s. If you can find it in WR,
buy it in WR.
Mayor Starker is excited for the projects we have approved tonight. He thanked MPT
Stites for substituting at Coffee with the Mayor while the Mayor attends a DRCOG
retreat. He recently attended the Arvada Wheat Ridge Ambassadors to Youth awards
dinner for youth living and going to school in Jeffco who have faced and overcome
various difficulties in life. Several were awarded scholarships for study in higher
education. He attended the Golden Ethics in Business Award luncheon and
congratulated Colorado First Foundation on their award for the Colorado non-profit of
the year.
He expressed his relief that SB 23-213 failed to pass in the Colorado legislature.
ADJOURNMENT
The meeting adjourned at 8:32 pm.
APPROVED BY CITY COUNCIL ON May 22, 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.