HomeMy WebLinkAboutCity Council Agenda Packet 06-08-20AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 8, 2020
7:00 p.m.
This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 8) 2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code 980 8524 4008 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the
meeting to view the meeting and provide public comment if desired. These comments will
be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms.
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance.
CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS
PROCLAMATIONS AND CEREMONIES
Safety Month Proclamation APPROVAL OF MINUTES Study Session Notes for April 6, 2020; April 20, 2020; May 4, 2020 and May 18, 2020. Council Minutes of April 13, 2020; and May 11, 2020.
CITY COUNCIL AGENDA: June 8, 2020 Page -2-
APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK
a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes
under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or
Motion may speak when directed by the Mayor at the conclusion of the staff report
for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge
Speaks are considered part of the public record.
1. CONSENT AGENDA a. Resolution No. 31-2020 - a resolution amending the fiscal year 2020 General
Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $1,231,571 for the purpose of accepting the CARES Act local Government distribution from Jefferson County b. Motion to approve payment to Bank of Oklahoma for 2020 principal and interest
payments in the amount of $3,499,700 for the City of Wheat Ridge, Colorado
Sales and Use Tax Revenue Bonds, Series 2017A PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 10-2020 - an ordinance approving an amendment to the existing
Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing
ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS
3. Resolution No. 33-2020 - a resolution of the Wheat Ridge City Council declaring
that the City of Wheat Ridge is essential and urging Congress to allocate fair, federal emergency support to reopen and rebuild local American economies 4. Resolution No. 34-2020 - a resolution amending the 2020 Open Space Budget to
reflect the approval of a supplemental budget appropriation in the amount of
$120,000 to accept a grant from Great Outdoors Colorado in the amount of $110,000 and a contribution from the Kullerstrand Elementary School PTA in the amount of $10,000 for the purposes of approving proposals from Triple-M
CITY COUNCIL AGENDA: June 8, 2020 Page -3-
Recreation to replace playgrounds at Kullerstrand Elementary School in the amount of $153,977.66 and Bonnie’s Park in the amount of $42,181.08 5. Resolution No. 32-2020 - a resolution of the Wheat Ridge City Council permitting
new liquor license applicants, during declared emergencies, to satisfy the needs
and desires requirement in multiple ways
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
PROCLAMATION
WHEAT RIDGE SAFETY MONTH JUNE 2020
WHEREAS, in conjunction with the National Safety Council and thousands of organizations across the country who share the goal of raising safety awareness; and
WHEREAS, National Safety Month focuses on reducing leading causes of injury
and death at work, on the roads and in our homes and communities and to draw attention to safe practices that will decrease the likelihood of accidents; and WHEREAS, all community members deserve to live in communities that promote
safe and healthy living environments; and
WHEREAS safe communities require the cooperation of all levels of government, business, and industry employees, as well as the general public; and
WHEREAS, through the support and observance of National Safety Month each year, employers are helping to reverse an increase in accidental injuries and deaths in the workplace; and WHEREAS, the City supports safety efforts and has taken a pro-active stance in
providing a safe and healthy work environment for its employees by supporting the BESAFE safety committee; and WHEREAS, the City works to prevent accidental injuries by educating employees about safe and healthy practices in the workplace through training and encouragement;
and WHEREAS, the beginning of the summer season, traditionally a time of increased accidents and injuries, is an appropriate time to focus attention on risk management and prevention
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge, formally designate June as WHEAT RIDGE SAFETY MONTH and urge all community members to establish and maintain safe practices in their homes, workplaces, and communities.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 8th day of June 2020. ___________________________
Bud Starker, Mayor Steve Kirkpatrick, City Clerk
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue April 6, 2020
Mayor Bud Starker called the Study Session to order at 6:31 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Without objection, Council agreed to continue the same suspension of the rules as in
the Council Meeting held on March 30, 2020, except that members of the public may
yield time to others, up to two speakers yielding.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager
Patrick Goff; Community Development Director, Ken Johnstone; Director of
Administration Allison Scheck; Economic Development Director, Steve Art, guests and
interested citizens.
Citizen Comment on Agenda Items – Odarka Figlus, W. 34th Ave. Commenting on the
fourth item on tonight’s agenda, Ms. Figlus stated that under the current Governor’s
orders citizens may not circulate petitions to submit for the public ballot. Therefore,
Council should take into consideration the overriding right to speak at public hearings
and to circulate initiative petitions. She strongly urged Council suspend all issues
involving public hearings until the Governor’s orders are lifted to ensure public
participation.
Ihor Figlus, 9775 W. 36th Ave. stated he could not join the meeting for 15 minutes, either
on Zoom or by phone. City Council should call a special meeting and suspend all public
hearings until the public health crisis is resolved and Council can meet in person at City
Hall. The virtual meetings do not substitute for in person meetings. Council must
postpone all public hearings until two weeks after the public health orders are lifted and
Council meets as normal again.
Mrs. Nelson, 9865 W 37th Ave., spoke to support the two Figlus speakers before her.
This technology is not the same as regular meetings. We must stop public hearings
until we can hold them in person.
Cary Whitaker, 6630 W. 30th Ave. Spoke about the Short-Term Rentals (STR) item.
The City will need a few more tools to regulate STR. The City should require registered
STR to provide information needed by the City and the City will need to have the power
to subpoena when the residents refuse to provide information relevant to STR. The City
should have the enforcement powers, including suspension and revocation of
registration. The City should have the right to fine violators up to $5,000, to allow room
for discretion while having the option to use a stringent sanction. Only WR residents,
and no corporations, should be registered to operate STR, and no one else.
Mike Pleiss, 6670 W. 30th Ave. Spoke about a short-term rental on his block, across the
street from his home. He met a young couple staying across the street in an STR, who
said they fled New York City before it was locked down. A few days later he saw the
STR occupants outdoors in front of the rental and the adult woman said, “stay away, we
have the Coronavirus.” The next STR occupants of that property also came from New
York, checked-in the day after the infected individuals left. This tenant stayed for 2
nights. Another group of 3 stayed 1 night. Two more renters stayed for only one or two
nights each. This tourism is spreading disease in our community, and we should not
have to deal with all we are experiencing and live in fear that a STR will infect their
families.
Mayor asked if there was anyone who had not spoken regardless of their last name. No
one else came forth.
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).
All citizen comments for this study session regarded Item 4 on the Agenda, and
those comments appear below in the section for Item 4.
1. Grammies Goodies Enhanced Sales Tax Incentive Program (ESTIP) request
Discussion began at 6:28 pm, approximately 0:28 minutes into the recording of the
session
The City of Wheat Ridge received a request from Jeff and Vickie Corder, owners of
Grammy’s Goodies (Grammy’s), to enter into the Enhanced Sales Tax Incentive
Program (ESTIP) program for the rebate of sales tax increment associated with a
proposed remodel and addition of an enclosed patio to Grammy’s located at 4601 N.
Harlan Street. The request is a rebate of 50% (1.5 cents) of the incremental city sales
tax generated from Grammy’s for a period of 5-years or a not to exceed amount of
$70,000.
Staff (Steve Art) delivered to Council a detailed presentation about this item, its purpose
and the background of the reasons for bringing it to Council.
Steve Art reviewed the particulars of the request, and explained an ESTIP, its basis in
law and how it works.
Mr. Art reviewed the history of the business, and how a recent appearance of Grammies
on the TV show Diners, Drive-In’s and Dives gave the restaurant great exposure. That
exposure dramatically increased their business.
Vickie Corder, owner of Grammies Goodies, spoke about the history of her restaurant,
rapid growth of her business since the TV coverage and her plans to expand on the
current site.
Mr. Art explained how the process going forward would work, including drafting of the
ESTIP contract language, a public hearing, and action by Council.
Councilmembers had questions and comments:
How has the current emergency impacted the business, and will the restaurant survive?
What happens if it fails? Mr. Art said the City has no risk.
Councilmember Hoppe asked for a consensus to direct staff to draft an ESTIP Agreement for future consideration at a regular City Council meeting for the following
reasons. The Grammy’s remodel and expansion project will:
• Increase sales and use tax revenue; • Maintain permanent employment in the City; • Create construction-related jobs and the economic activity they bring to the
surrounding neighborhood;
• Support a Wheat Ridge based small business; and • Meet the goals of the City’s Comprehensive Plan.
Consensus attained.
2. Short-term rentals (STR)
Discussion began at 6:44 pm, approximately :44 minutes into the recording of the
session
City Council began discussions of short-term rentals (STRs) at a study session in March
2019. That briefing included the following: 1) an overview of what STRs are; 2) a
description of how current Code does and does not address them; 3) a summary of the
results on the 2018 Citizen Survey, which had questions discussing how STRs might be
regulated; and 4) an overview of how other cities are regulating this use
Mr. Goff introduced Ken Johnstone, Director of Community Development, and Scott
Cutler, City Planner. They discussed the work staff has done on the issues relating to
STR. The two staff members gave a formal presentation with PowerPoint slides.
Mr. Johnstone asked for Council guidance on how to proceed with STR?
Councilmembers had questions and comments:
• Several Councilmembers thanked the staff for its hard work and for the
presentation.
• Public comments to Councilmembers ranges across the spectrum of allowing
STR, to regulating them, to outlawing them altogether.
• Several councilmembers agreed that this is an issue the City needs to address.
It was also noted that there was no public testimony on this issue from STR
owners.
• Several councilmembers commented that they support creating a regulatory
environment, with input from residents, and people who do or want to operate an
STR.
• Neighboring municipalities have recently regulated STR, and perhaps their work
will inform our efforts.
Council reached a consensus to task staff with continuing their work on regulating STR.
Mr. Johnstone explained that under the current law, STR are not allowed. So some
landowners who hear that advice open and STR anyway, while others obey the current
law and refrain. Therefore, any process for initiating a regulatory environment should
not penalize those who chose to obey the law, vs. simply grand parenting those who are
already operating an STR illegally.
The staff presentation continued with additional PowerPoint slides to support the verbal
comments. Having attained a consensus Mr. Johnstone asked what process Council
would like to follow going forward.
Council had further questions and comments:
• Council wants more study and thought on several issues, including corporate
ownerships; minimum stays (one night, two night or more); fines for violations;
caps on the number of STR; distancing/spacing of STR in any given
neighborhood; and the need for notifying neighbors nearby that an STR is
opening, or has already been operating.
• Some neighborhoods already have several STR operating, and the City needs to
find a way to identify those already operating and bring them in to the new
regulatory environment.
• The new regulations need to address the proliferation of STR in any one
neighborhood/ area of the City, to avoid concentrating too many STR.
• We need a robust complaint process so that citizens have recourse when STR’s
create issues. There should be stringent enforcement, and timely response to
complaints, especially noise and nuisances.
• Clear, strict standards for cleaning rental properties between renters must be in
place in general, and with leeway in the event of a public health emergency like
CoVid-19.
• Councilmembers also discussed issues related to whether STR may only be
operated by Wheat Ridge residents; whether STR must be in the STR must be
on the property of the renters primary residence; whether the landlord must be
living on the property during rentals; and whether residents may rent properties
that they own in Wheat Ridge but do not occupy as their primary residence.
• Several councilmembers discussed the need to carefully craft the language
around corporate ownership of real property for STR; sometimes people form an
LLC and purchase property in the name of that LLC for various reasons.
• We need to look at how STR impact residents in the neighborhoods, in terms of
public health and safety and maintaining the quality of life ranging from parking to
pet care and noise.
• The new regulations need to include a means for enforcing compliance
consistently and strictly, without overloading the PD with new duties or creating
cost in excess of the benefits STR will bring to the City, especially revenue.
• Staff was urged to look not only at contiguous municipalities and their work on
STR but also suburban communities in other Western US cities, like San
Francisco or Seattle.
• Somehow, we need to accommodate those residents who operate an STR as
their primary or supplemental source of significant income.
• We need to consider how to handle requirements for age of the renters, how
many people may occupy the STR, and similar concerns. One of her biggest
concerns is people who abuse STR, for example renting a house for a large,
noisy party, and right now we have no real teeth in our enforcement.
Mr. Goff discussed the research staff has done into service providers who enforce STR.
For instance, when a loud party occurs on a Saturday night, the vendor calls, or
communicates in person with the landlord and the STR renters. Mr. Johnstone is
working with City Attorney and the District Attorney to ensure that whatever regulations
are put into effect are enforceable and how that will work.
Mr. Cutler reported that staff have investigated how Denver, Boulder and other local
communities, as well as suburban cities in California, Texas and North Carolina have
handled and regulated STR.
Mayor Starker noted the fire, health and safety equipment required for new residential
property and whether that all should be required of STR landlords. Mr. Johnstone and
Mr. Cutler addressed these details and what staff is considering as part of the
recommendations to Council. The Mayor also asked about the definition of STR so that
it does not flaunt the long-term rental regulations that start at 30-days.
Mr. Johnstone commented on issues involved in transitioning from no regulations to
regulating. For instance, what priority should current, illegal STR have when
registration begins, vs. the rights of their neighbors who obeyed the law and now may
want to register.
Councilmember Hoppe attained a consensus for staff to move forward, including the
following:
A. Remove the allowance for long-term renters; owner operated primary residents
only.
B. Clarify whether a landlord may temporarily vacate their residence and rent the
entire dwelling as an STR.
C. No corporate ownership with careful wording of the language.
D. Fine authority up a greater and more substantial fine
E. Add a requirement to send notice to the neighborhood within 150 feet before
opening, and public notice of the emergency contact.
F. Minimum 2-night stay
G. Find a way to measure caps after the initial registration period and find a way to
measure the caps in a specific, enforceable way.
H. Should include subpoena powers and steps in a regulatory process that is robust
and legally enforceable.
I. The regulations should have staged regulatory enforcement starting with a
warning letter, then suspension and ultimately revocation.
J. Cleaning between rentals meets at least the same standards as required for
hotels, motels and other properties operating for short term lodging.
K. Clarify whether an STR can rent the owner’s entire dwelling.
3. Staff Report(s)
a.) Wheat Ridge Small Business Sustainability Program
Discussion began at 7:48 pm, approximately 1:18 minutes into the recording of the
session
The impact of COVID-19 on American businesses has increased dramatically over the
last four weeks as state and local governments order mandatory shut-downs and
‘shelter in place’ orders, further complicating operations for businesses already
impacted by COVID-19. Staff has been given the directive, via Resolution 19-2020, to
develop a business recovery program to aid Wheat Ridge small businesses during this
time.
Mr. Goff reported updates on this program, progress staff has made in the past week.
Mr. Art recommended that we make the program all grants because loans are difficult to
manage. Limit the program to 25 employees or fewer, storefront operation in WR, no
national franchises eligible. Operating since before January 1, 2020. Limited to rent,
payroll, and supplies essential to operating the business.
We are also encouraging local small businesses to take advantage of Federal
assistance programs now available.
Council discussed who would sit on the Task Force to receive applications and decide
on grants, including a Councilmember.
Mr. Art proposed that the application process will open for a few days, probably 5 days.
Random lots will then be drawn to review local business applications and determine
which will get funded. When the funds are expended, the applications will end.
Recommended offering $5,000 grants, to help 50 businesses. Smaller grants will have
too little impact, larger grants would limit the program to too few businesses.
Councilmembers had questions and comments:
• Will the 25-employee limit apply to before layoffs during the current crisis?
• What will be the determinant of need?
• Several Councilmember expressed gratitude that staff has done this work so quickly.
• Is there another scheme we can use other than random drawing of applicants?
Random drawing may mean a business important to the City’s future is passed
over. The decision-making process should involve some judgment, to consider individual circumstances.
• Can we vary the amount of the grant for situations where less than $5000 will
make a real difference?
• One criterion used in other communities was that the grant would offset the Federal grants, that businesses that do not qualify for Federal dollars would get priority.
• Parallel the application process so that the City’s application process aligns with
the County, State or Federal process to save paperwork.
• The threshold of 25 employees, with store fronts: Do we know how many businesses in Wheat Ridge would meet that qualification. Mr. Urban reported that the approximate number of businesses would be between 200 and 250,
based on publicly available databases.
• Make it clear that members of the Task Force making the grant decisions cannot apply for a grant, to avoid not only conflicts of interest but also the appearance of conflicts.
Councilmember Hoppe attained a consensus to proceed based on Council’s
feedback and appoint Mr. Urban as a voting member of the Task Force.
4. Elected Officials’ Report(s)
a) Citizen engagement opportunities for official public hearings during the
Colorado Stay-at-Home Public Health Order
Discussion of this item began at approximately 8:32 PM.
This item added to the agenda at the last minute, to allow citizens to comment on this
topic.
Wheat Ridge Speaks transcript: Citizens entered the following comments about this
item on the Wheat Ridge Speaks website, transcribed here in their entirety.
I believe that during the shutdown that NO decisions be made that effect the long
term development of Wheat Ridge--nothing is that important. I believe that study
sessions every Monday of each month the city is shut down would be beneficial.
A lot of thoughtful discussions can be made during study sessions among council
members, but NO long term decisions by Planning, URA, or Council should be
made. I believe all decisions effecting how the city is managed during this shut
down time should be made by Council members and NOT by staff. Please let the
citizens have as great an opportunity to have a voice in citywide, long-term,
decisions as any other party involved. Thank you
04/05/2020 3:01 pm
Vivian Vos
6920 W 47 place
Wheat Ridge, 80033
After several false starts, this is where I landed, I hope this is the correct place to
post my comments.
• Please, for every item on the agenda, listen to citizens AND hear what
they are saying. (This applies to the City Staff and City Council.)
Best example: the election results for 2E — 2/3 of the voters turned down
the Upham development.
Basically, voters were saying that they don’t want density in their
neighborhoods. R-2 and R-1 lots must NOT be rezoned to allow for
increased density.
• The Colorado Constitution grants citizens the right to protest. That right
needs to be respected by the City.
It is not fair, maybe it’s illegal, to pass an ordinance when circumstances
make it impossible for citizens to exercise their rights. (i.e., It’s not
possible to collect signatures when we’re under social distancing and stay-
at-home orders.)
• The City cannot conduct a fair public hearing when the options (or which
there are few) rely on technology. This is especially problematic since
these methods are new and are not familiar to the majority of residents.
• The City needs to listen to all voices, but it’s important to distinguish
between WR residents and land owners vs outside voices that want to
influence what’s going on in our City (e.g., When developers get friends to
speak in their support, that should not influence a decision.)
• Please, when there’s an issue before the council, use a decision making
models that includes identifying alternatives and discussing pros and cons
of each alternative (e.g. Localworks: This is one option for spending
______ dollars. What are the advantages of doing so? What are the
disadvantages? Are there other ways to meet the same purpose? What
other ways could the City spend that money? — And what are the
advantages and disadvantages of each?)
• A mock meeting is an interesting idea, but it’s not a way that I learn, and
the timing isn’t convenient for me, so I won’t be checking in. I wonder how
many people will respond. (I would guess that the people who are already
accessing the City happenings are the ones who are most likely to
‘attend.’ This isn’t adequate for connecting with a new audience.)
Thank You for considering this input.
04/06/2020 11:25 am
Judy Capra
7070 W. 43rd Ave.
Wheat Ridge, 80033
I am hopeful that City Council will NOT place contentious items on its agenda
until meetings can once again be held in person at council chambers. While the
electronic meeting program certainly represents a step forward in allowing for
citizen participation in meetings, it is not yet "debugged" as evidenced by last
week's meeting. The right of citizens to fully participate in our government is
paramount to a free and civil society. In the meantime, regular city business can
be undertaken electronically, with citizens participating electronically in writing, or
by calling into the meetings. Zoning matters, and any other quasi-judicial matters,
should be postponed until either the electronic system is fully operational or until
council can again meet in person. I would also suggest that the electronic
meetings have a city computer employee available during the session, so that
expert help is available whenever glitches occur.
On another note, I hope that in the future council does not appoint members of
city staff to establish committees, or to make decisions regarding the city's
business. The business of government is certainly made more difficult because
of the current pandemic, but council members are elected by our citizens to
represent our city, and governing during tough times is a part of what council is
elected to do. It is what our councilors signed up for by campaigning for elected
office. City staff certainly has a large and important part in day to day city
functions; however, I see no need to empower staff to appoint committees,
decide agendas or make fiscal decisions. These responsibilities belong to city
council.
04/06/2020 11:33 am
Kathy Havens
7060 West 39th Ave
Wheat Ridge, 80033
End of Wheat Ridge Speaks comments on this item.
Mr. Goff reported on the efforts staff have been making to inform and train the
public about how to participate in virtual Council Meetings. Ms. Scheck reported
the details of these efforts, including conducting Mock City Council meetings
twice this week on Zoom.
Staff displayed a video they produced to inform citizens how to participate in
virtual meetings of Council or boards and commissions. The video illustrates
three ways to participate, including lessons on calling in by phone, joining by
Zoom and finally Wheat Ridge Speaks.
Council questions and comments:
• Other cities have been using this technology, but not for public hearings.
• Our most recent public notice about next Tuesday’s Council meeting and public
hearing says the hearing will be in Council Chambers, which was the plan when
the notice was published, but now it will not.
• Mr. Dahl commented that a new notice would have to be issued for a public
hearing a week hence. Despite that caveat, in general there are no impediments
to holding virtual public hearings.
• He also said that Council may choose to postpone public hearings. He
recommended that we address the three previously noticed public hearings in
specific separately from the more general question of holding City Council and
other City meetings during this crisis.
• Mr. Dahl also recounted what Code and Charter state concerning protests of re-
zoning decisions when a public hearing commences. He also recalled that the
law is unclear as to whether the current Stay-At-Home order from the Governor
prohibits people from circulating initiative petitions.
• Several councilmembers stated that because of the exigent circumstances
perhaps we should postpone at least next week’s public hearings.
• The current public health order prohibits contact within 6 feet; how can we
circulate petitions for an initiative and protect public health.
• Compared to previous operational practices, citizens now have MORE means
and opportunities to participate now than they did when all meetings were in
person. Previously, citizens complained that they could not participate in person
because they could not, for one reason or another, come to City Hall for Council,
board and commission meetings.
• If these public hearings are postponed from April 13, what impact would that
have?
Mr. Goff explained the impact varies among the three public hearing items. The
Clear Creek Crossing item would delay issuance of bonds for the project, which
would delay funding that the City needs to cover the hook ramp project. The City
needs those bonds to fund Clear Creek Crossing.
Elected Officials Matters
Councilmember Weaver announced progress with the gift card program to support WR
businesses during the current emergency.
City Clerk Steve Kirkpatrick thanked the City staff for their hard work, which has kept the
City operating during this difficult period.
Councilmember Urban noted that there are some outlandish, heinous conspiracy
theories floating around, and urged citizens to avoid spreading these ridiculous rumors.
Councilmember Dozeman thanked the City staff for their hard work under extremely
difficult circumstances.
Councilmember Hutchinson urged people to go out and enjoy the beautiful outdoors
during springtime to decompress and recharge.
The Mayor urged residents to obey the Governor’s order and stay home, stay safe and
protect the community.
City Manager’s Matters
• We have decided to delay the residents’ survey until the fall or even in 2021.
• He also explained that cities may not delay or postpone permits for work on small
cell mobile phone towers, per Federal law and FCC regulations. The City has
received some emails from residents about projects currently in progress, urging
the City to stop those projects.
On another matter, Mr. Goff announced that the gardeners’ program sponsored by the
City will operate but with special social distancing rules.
ADJOURNMENT
The Study Session adjourned at 10:05 pm.
APPROVED BY CITY COUNCIL ON May 11, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
Page 1
City Council Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 13, 2020
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 7:03 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS: All eight councilmembers were present.
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief Christopher Murtha;
Administrative Services Director, Allison Scheck; Community Development Director,
Ken Johnstone; other staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
Arbor Day Proclamation
Mayor Starker read the Proclamation to recognize Arbor Day, Friday, April 24, 2020.
Representatives of organizations sponsoring and supporting Arbor Day gave an
educational presentation, focusing on how well Wheat Ridge qualifies for the
designation as a Tree City USA.
Ralston House Proclamation “Child Abuse Prevention & Awareness Month”
Mayor Starker read the Proclamation.
April 2020 is the designated Child Abuse Prevention and Awareness Month, and so
proclaimed by the Mayor in and for the City of Wheat Ridge.
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Victims’ Rights Week
Mayor Starker read the Proclamation, declaring the week of April 19-25, 2020 as
Victims’ Rights Week in the City of Wheat Ridge. Chief Murtha thanked the people who
work so hard for victims’ rights locally, statewide and nationally.
APPROVAL OF AGENDA
Without objection, the Agenda was approved as published with one change, removal of
item 6.
Chief Murtha explained why he asked that item 6 be removed from the agenda. The
local law enforcement agencies who are parties to this conversation have determined
that their current operating agreement suffices and a new one is not required.
Councilmember Urban asked for unanimous consent to remove item 6; without
objection item 6 was removed from the agenda for this meeting.
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 (WRS) 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).
For this meeting there were general comments entered in WRS, which are
transcribed below in Citizens’ Right to Speak.
CITIZENS’ RIGHT TO SPEAK
Ms. Odarka Figlus, 10580 W. 38th Ave., Wheat Ridge had just listened to Congressman
Perlmutter’s online town hall, during which a doctor advised the public that the
community will need to continue to practice social distancing for some time to come.
The exact date when the situation may relax will have to be determined based on
science and available data, but even then the re-opening will be staged gradually, not
as a single event.
Ms. Figlus opined that if Council votes on any zoning changes or other ordinances
soon, then the citizen’s constitutional right to submit an initiative petition would be
jeopardized. The 45-day time period for submitting petitions would begin immediately,
but the public may still be under stay at home orders throughout that 45-day period.
She emphasized that Council should delay any public hearings until at least 2 weeks
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after the public health authorities and the Governor have declared an end to the public
health emergency.
The following comments appeared in Wheat Ridge Speaks for this meeting. (Other
WRS entries appear below in the section of the minutes that matches the agenda item
addressed.)
Regarding the zoning request change for Clear Creek Crossing (W2-19-10,) to
increase the height of structures; this will be vehemently opposed by the
residents in the area. This is not appropriate. We will involve our political officials
if necessary, to prevent this. It does not fit this environment!
04/11/2020 7:21 pm
l du Mont
13990 crabapple
Golden, 80401
It absolutely turns my stomach and makes me physically ill to watch and absorb
my WR City Council fall for and support our WR City Manager's orchestrated
scheme and program to subvert the process of Public Hearings for the very real
purpose of eliminating any possibility of effective WR Citizen response to City
Council actions during this unprecedented " Stay at Home " time in our history.
The City Manager's arguments, at City Council Meetings, seem to always be on
the side of the Developers and absolutely never on the side of our WR Citizens.
I mistakenly thought and believed that the City Manager and the City Staff, who
are paid by my tax dollars, worked for me and the Citizens of WR.
I sincerely wish I could do something about it!
04/13/2020 11:29 am
Rolly Sorrentino
4175 Teller Street
Wheat Ridge, 80033 – 4819
End of Wheat Ridge Speaks comments on this item.
CONSENT AGENDA
Councilmember Hultin introduced the consent agenda item.
1. Motion to award custodial services contracts and approve subsequent
payments in the not-to-exceed amounts of $74,875 to Jani King., of
Centennial, CO; $32,531 to Sunshine Building Maintenance Inc., of Lakewood, CO; and $76,800 to Mojos Cleaning Services Inc., of Brighton, CO, and approve a three percent contingency in the amount of $5,526 for unforeseen custodial expenses
Page 4
Motion by Councilmember Hultin to approve Consent Agenda Item 1), seconded by
Councilmember Urban; motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 05-2020 - an ordinance approving an amendment to the
Existing Planned Mixed-Use Development (PMUD) Zoning to increase the allowable height for hospital uses at Clear Creek Crossing. Case number WZ-19-10.
The applicant is requesting to modify the underlying zoning to increase the allowable
height for hospital uses. A hospital is already a permitted use in the existing zoning,
and the existing zoning also contemplated 6-story employment uses. However, a
hospital built to six stories requires an additional 12 feet of height to meet design
requirements and current building codes. The applicant is also seeking a limited
additional height allowance to accommodate a rooftop elevator associated with a
helipad.
The following comments appeared in Wheat Ridge Speaks for this Agenda item.
I am completely dismayed that the hospital construction is planned for directly
across from 38th at Youngfield. My biggest worry is that tall buildings would be
built directly blocking the entire community's view of Table Mountain. That view is
our city's heritage and part of our identity. And now they are asking to
INCREASE the height?
And frankly it is so sneaky that the sign posting of the meeting was posted
INSIDE the development where no citizen ever drives and could have seen it.
Please city council, don't just think about the revenue here. I was raised here and
I value very much my view of Table Mountain and those hills. Don't take it away
from us!
04/11/2020 6:50 pm
Karen Johnson
11175 W 40th Ave
Wheat Ridge, 80033
I am STRONGLY OPPOSED to increasing the height of the hospital and adding
a helipad. This would be terrible for our neighborhood. Seems very sneaky of the
developer to do this and to ask for the amendment while we are all stuck at
home. In addition, the sign posting of the meeting was posted INSIDE the
development where no citizen ever drives and could have seen it. Seriously??
How was the public supposed to know about this? I urge Wheat Ridge City
Council to either refuse this request or WAIT until the public is given adequate
time to respond.
Page 5
04/12/2020 12:51 pm
Jessica Tsuo
14600 Crabapple Rd
Golden, 80401
End of Wheat Ridge Speaks comments on this item.
Motion: Councilmember Stites moved to continue this agenda item and the attendant
Public Hearing to April 27th, 2020; seconded by Councilmember Dozeman.
Motion to Amend: Councilmember Hutchinson moved to amend the motion to change
the date of continuance to June 8, 2020. Seconded by Councilmember Urban.
Councilmember Urban asked City Attorney Dahl to clarify the implications of the motion
with respect to whether the public hearing will be held on June 8, 2020 even if Council is
still conducting only virtual sessions. Mr. Dahl stated that City business, including
Council meetings, are critical activities per the Governor’s Order, so Council can meet
virtually, however, Polis’s Order does not change the requirements for and timing of
initiatives and referenda.
Councilmember Hutchinson asked whether June 8th is a realistic date to expect that
Council can meet in person at City Hall. She further stated that we should not have
public hearings until they can be held in person.
Councilmember Stites stated that this kind of item is one on which the council has had
ample feedback during the last election campaign and since, so Council is aware of the
public’s positions on this kind of zoning change.
Councilmember Hoppe commented that prior to this emergency members of the public
did have several ways to learn of council agendas and public hearings. She plans to
vote no on the amendment.
Councilmember Hultin asked about the time constraints on pursuing a referendum. Mr.
Dahl cited the Charter provision that petitions are due 45 days after Council acts. Then
she asked what impact the postponement would have on the City. Mr. Goff gave a
detailed answer on the impact of any delay.
Councilmember Urban asked several detailed questions about options Council may
have to conduct public hearings and delay the beginning of the 45-day time limit for
submitting initiative petitions. Mr. Dahl answered his queries.
Councilmember Weaver asked Mr. Johnstone how often people visit City Hall in person
to review documents related to a zoning change ordinance. He stated the number is
fewer than the number who come to Council Chambers for public hearings.
Council rejected the amendment to the motion by a vote of 5-4, with Councilmembers
voting 4-4, and Mayor Starker voting no to break the tie. (Councilmembers voting yes:
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Mr. Urban, Mr. Stites, Ms. Hutchinson and Ms. Dozeman. In addition to Mayor Starker,
Councilmembers voting no on the amendment: Ms. Weaver, Ms. Hultin, Ms. Nosler
Beck and Ms. Hoppe.)
Council passed the initial motion to continue this item and the attendant public hearing
to April 27, 2020, by a vote of 7-1, with Councilmember Hutchinson voting no.
3. Council Bill No. 06-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP)
Councilmember Weaver introduced Council Bill 06-2020.
The applicant is requesting approval of a zone change from Residential-One (R-1) to
Planned Residential Development (PRD) with an Outline Development Plan for property
located at 9800 W. 38th Avenue (southeast corner of W. 38th Avenue and Johnson
Street). The purpose of this request is to prepare the property for the development of
four (4) single-family homes and three (3) duplexes, for a total of ten (10) dwelling units.
Motion: Councilmember Weaver moved to continue this agenda item and the attendant
Public Hearing to April 27th, 2020; seconded by Councilmember Hoppe.
Motion by Councilmember Hutchinson to amend the motion to continue this item and
the attendant public hearing to June 8th, seconded by Councilmember Urban.
Amendment passed by a vote of 5 - 3, with Councilmembers Hoppe, Hultin and
Weaver voting no.
Council passed the amended motion, to continue this agenda item and the
attendance public hearing to June 8th, 2020 by a vote of 7-1, with Councilmember
Hutchinson voting no.
The following comments appeared in Wheat Ridge Speaks for this Agenda item.
As a former resident of Wheat Ridge, I'm glad to see the interest in this vacant
area. We find ourselves visiting friends that live in this area and it's encouraging
to see interest in the useful development of this plot. This certainly would be an
improvement for the immediate neighborhood and a compliment to the City of
Wheat Ridge.
04/06/2020 7:23 pm
Stan Fossum
4416 S Andes Way
Aurora, 80015
This proposed residential community looks to be very thoughtfully planned - not
only for the new residents, but also for the existing surrounding neighbors. I think
it speaks volumes that the property owners/developers, Ardalan and Kim Hardi,
will plan to relocate into this new community. That’s putting your money where
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your mouth is and really standing behind your product. How many other
developers would move into the community they built, especially one that will be
as intimate as this!
As a (nearly) lifelong resident of Applewood and Golden, it’s encouraging to see
areas in surrounding communities get an opportunity to be developed into
something beautiful and beneficial. This community will be another gem for the
City of Wheat Ridge!
04/08/2020 1:32 pm
Jamie Biesemeier-Wilkins
5018 Juniper Way
Golden, 80403
I am a Wheat Ridge business owner and give this proposed development my full
support. I think the plan Is an excellent transition from the mixed housing of
duplexes and single-family homes to the busy commercial Kipling corner.
Dennis Overton
4955 Miller St
Wheat Ridge, CO 80033
04/11/2020 11:28 am
I am not opposed to the development of this site. I am, however, vehemently
opposed to the change in zoning. I think the PRD zoning is unnecessary and
inappropriate for a property surrounded by R-1 and R2 (with a strip of park land
across the street to the west). My worry, as stated innumerable times, is that the
zoning change will be used as precedent to encourage developers to move south
through the R-1 neighborhood, turning a lovely area of ranch-style homes into a
hell-hole of 35-foot townhomes.
I think, if council approves this zoning change, it should also provide a guarantee
- if not carved in stone, then formalized by statute - that there will be no other
zoning changes allowed in this area. R-1 and R-2 only - no more PRD (or PCD)
will be permitted.
04/13/2020 10:05 am
Margaret G. Nelson
9865 W 37th Ave
Wheat Ridge, 80033
Living just across 38th Avenue from this property, I've been watching each of the
proposals for development. I'm happy to say that this is the best one so far. If it's
built as presented in this application, I feel it will not adversely impact my
property here. I'm especially pleased that the central portion of the duplex homes
Page 8
will be built to a low height. This should reduce the street noise reflected towards
my home. This is a steep section of street, where drivers often gun their engines
up the hill, so this issue is especially important here. Please ensure that,
whatever detail changes are made in the final plan, that this street side building
profile is maintained.
Because of that steepness, I'd ask you to consider making the West 38th Avenue
driveway right turn only. Traffic in this direction is moving uphill, and more slowly.
A left turn here is more hazardous, because the street grade steepens above the
driveway exit, and this limits sight lines. Some westbound motorists are already
moving towards the center turn lane at this point, and this may further interfere
with left turns onto the street.
04/13/2020 10:21 am
John McMillin
9801 West 38th Ave.
Wheat Ridge, 80033
This PRD proposal is too tall and too dense for this property. The alley proposed,
rather than a street, provides no overflow parking alternatives for the residents or
for visitors within this subdivision. Overflow parking from the surrounding
duplexes has been on this vacant property. The alternative for overflow parking
would be on Johnson Street and in the parking areas designated for Discovery
Park. The increased resident parking would put undo hardship on the property
owners on Johnson Street as well as those Wheat Ridge Citizens wishing to use
the facilities of Discovery Park.
The 20 ft. proximity of the duplexes to 38th Ave would be prohibitive to future
improvements to this highly traveled and already congested intersection of 38th
and Kipling. The 30 foot height of the duplex.es would over shadow the already
dangerous slope on 38th Ave and would prevent natural thaw of snow and ice.
The entrance from 38th would also add to the congestion of this dangerous
intersection.
The Hardis purchased this property with an R-1 designation. The present Zoning
would allow them to build four high quality single family homes on this property
which would be a positive addition to the neighborhood. This zone change
allowing four houses and three duplexes would be an encroachment on the
neighborhood as well as on the citizens of Wheat Ridge whose tax dollars went
to build Discovery Park for the enrichment of the entire community.
04/13/2020 11:55 am
Carol Mathews
3851 Hoyt Street
Wheat Ridge, 80033
Page 9
I would like to see this type of upgrade development in this area of Wheat Ridge.
It is my opinion that if we don't develop the area with attractive homes this area
could start becoming like a Commerce City with low grade development projects
and bring in undesired businesses like the adult bookstore on 44th Avenue cross
from the Truck Stop property. I like the idea of longtime residents like the Hardi's
investing in their local area and enhancing the community. I see this as a positive
improvement! I have operated my electrical business in Wheat Ridge since 1979.
04/13/2020 11:46 am
Daniel W Mountain
13847 W. 22nd Avenue
Golden, 80401
4. Council Bill No. 07-2020 - an ordinance vacating any interest held by the
City in a portion of Youngfield service road, a public roadway
Councilmember introduced Council Bill 07-2020.
The City of Wheat Ridge holds rights-of-way in trust for the public. A portion of Right-of-
Way (“ROW”) at the north end of the Youngfield Service Road, located on the west side
of Interstate 70, has been deemed to be unnecessary by the Engineering Division and
is proposed to be vacated.
Motion: Councilmember Nosler Beck moved to continue this agenda item and the
attendant Public Hearing to April 27th, 2020; seconded by Councilmember Hoppe;
passed by a vote of 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 20-2020 - a resolution of the City of Wheat Ridge, Colorado approving an Intergovernmental Agreement with the Jefferson County School District concerning the Kullerstrand Elementary School playground and in connection therewith, a grant agreement with Great Outdoors Colorado
Councilmember Dozeman introduced Resolution 20-2020.
The City of Wheat Ridge recently was awarded a grant through the Great Outdoors
Colorado School Yard Initiative in the amount of $110,000 for the playground project at
Kullerstrand Elementary School. The School Yard Initiative program is designed to
inspire more active physical play and enhance outdoor learning on school grounds.
Schools can apply if they partner with an eligible local government. One of the
requirements prior to starting work on this project is a signed IGA with the Jefferson
County School District, detailing the responsibilities of each party. Additionally, a signed
Grant Agreement with Great Outdoors Colorado (GOCO) is required.
Staff Presentation
Page 10
Mr. Goff introduced Karen O’Donnell, Director of Parks and Recreation, who explained
the background and details of this item. She also explained why staff is recommending
new language in Resolution 20-2020, to clarify the City’s responsibilities and state that
the City does not own the subject property.
Public Comments
No one came to speak.
Council Questions
Council had no questions or comments.
Motion by Councilmember Dozeman to approve Resolution No. 20-2020, a resolution
of the City of Wheat Ridge, Colorado approving an Intergovernmental Agreement with
the Jefferson County School District concerning the Kullerstrand Elementary School
playground and in connection therewith, a Grant Agreement with Great Outdoors
Colorado.” The Intergovernmental Agreement between the City and Jefferson County
School District, attached hereto as Exhibit A, and the Grant Agreement between the
City and Great Outdoors Colorado, attached hereto as Exhibit B, are hereby approved,
and the Mayor and City Clerk and hereby authorized and directed to execute the same,
conditioned upon deletion or amendment of the provisions of Grant Agreement,
including specifically paragraphs 9A (operation and maintenance); 10 (public
access) and 11 (insurance), in a form approved by the City Attorney, to recognize
that the City is not the owner of the property and does not have continuing
responsibilities following project construction.
Seconded by Councilmember Weaver.
After due deliberation and discussion, the motion passed unanimously 8-0.
CITY MANAGER’S MATTERS
The City Manager asked for Council’s guidance on rescheduling the City Council
Retreat to dates in the next few months. Council provided their feedback on potential
dates.
CITY ATTORNEY’S MATTERS
Nothing further.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick thanked staff for their outstanding efforts under difficult
circumstances.
Councilmember Nosler Beck echoed Kirkpatrick’s comments and thanked the City staff.
Remember to wear a mask while in public, to protect not only yourself but also those
around you.
Page 11
Councilmember Dozeman also thanked the City staff and the community for staying
engaged in the City’s activities and governmental affairs.
Councilmember Stites thanked the staff as well, and thanked City Clerk Kirkpatrick and
Mayor Starker for participating in mock council meetings this week to educate and train
the public how to participate in virtual Council, commission and board meetings.
Councilmember Weaver echoed the thanks to staff and acknowledged the grocery store
workers contributions to the community during this difficult time.
Councilmember Hultin also thanks the grocery workers and first responders. She noted
that people need to maintain the 6’-distance even in public parks, but she has noticed
some citizens engaged in pick-up basketball and soccer games in the parks, putting not
only themselves but also others at risk.
She also noted that several STR operators decided not to attend and comment during
last week’s Council meeting because they were fearful that their activities are illegal.
Councilmember Urban asked that ADU (auxiliary dwelling units) be added to the
agenda items related to STR (short-term rentals) going forward. Councilmember
Dozeman commented that any future discussion should also address amnesty for ADU
and STR operators.
Councilmember Urban gave an update on the Small Business Revitalization program.
Decisions are expected about applications as soon as next week. Currently there are
55 applicants and the application process is still open.
Councilmember Hutchinson thanks everyone for continuing social distancing. Keep the
faith in the future and stay safe.
Councilmember Hoppe held up a note displaying the phone number, 877-542-7233, for
a hotline people can call for help with child welfare concerns and with mental health
issues for everyone.
Mayor Starker thanked staff for their hard work, and for the mock council meetings held
last week. A special shout out to the first responders and healthcare workers who are
neighbors doing great work during trying times. Thanks the public for wearing face
masks and maintaining social distancing. He also thanks the citizens for supporting
local businesses here in Wheat Ridge, especially now when those businesses need our
help more than ever.
Stay home, wash your hands and we will come through this together.
ADJOURNMENT
The City Council Meeting adjourned at 9:08 pm.
_____________________________
Page 12
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON May 11, 2020
___________________________
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
in the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue April 20, 2020
Mayor Bud Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community
Development Director, Ken Johnstone; Director of Administration Allison Scheck;
Assistant to the City Manager, Marianne Schilling, Sustainability Coordinator for the
City, Kayla Betzold, Economic Development Manager, Steve Art, guests including Mr.
Preston Gibson, Area Manager for Community and Local Government Affairs with Xcel
Energy, Joy Opp and Amy DePierre with Sustainable Wheat Ridge, other staff and
interested citizens.
Citizen Comment on Agenda Items
Caitlin Wedgewood, not a Wheat Ridge resident, sought more information about the
Business Stabilization Program. How were the grants decided? Is there a way to get
around the requirement that a business be currently licensed? A business she
represents paid their license fee late, but he did pay it. The business has been
operating in Wheat Ridge for decades and has always had a business license; they
simply overlooked the renewal of their license early this year. When they realized the
mistake, they renewed their license and paid the fees. Will the Task Force make an
exception for extenuating circumstances?
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).
1. Xcel Energy – Building a Clean Energy Future
Mr. Goff introduced Mr. Preston Gibson who gave a brief presentation on the subject,
which included how, on December 4, 2018, Xcel Energy rolled out a Clean Energy
Vision that will deliver 100 percent carbon-free electricity to customers by 2050. As part
of this vision, the company also announced plans to reduce carbon emissions 80
percent by 2030, from 2005 levels in the eight states that they serve. These new goals
are the most ambitious announced to date within the electric power industry.
Council one comment:
Council thanked Mr. Gibson for his time and his interesting presentation.
2. Sustainable Wheat Ridge Update
Ms. Schilling, Betzold, Opp and DePierre presented information about the Wheat Ridge
Sustainability including:
• Energy Efficiency & Green Building
• Transportation
• Solid Waste & Recycling
• Renewable Energy
• Water
• Communication & Engagement
• Accomplishments from Sustainability Wheat Ridge to date
Council questions and comments:
Several councilmembers congratulated Sustainable Wheat Ridge on an excellent
presentation and a wonderful program for the City and out residents. Councilmembers
cited the breadth, depth and expertise among the staff and volunteers and among the
projects the program supports.
Mayor Pro-Tem Hoppe asked about recycling of building materials.
Has the City been awarded the grant from the Colorado DPHE to fully fund the
sustainability effort? The answer was that we will hear in mid-May.
3. Staff Report(s)
Mr. Goff had several items:
A. There are issues with housing that Jeffco Human Services and the state have
been focusing upon, especially among our homeless population, who have a
high rate of coronavirus infections. Several motels in Wheat Ridge are
participating in a program to help this population and thereby support public
health generally. Holiday Inns have been a leader in this effort in many cities and
have a system with protocols to house and care for these people. In answer to
questions, Mr. Goff reported that the rooms will go to those recovering from
infection, and no other guests will be at risk, since the motels and hotels are
currently not operating for the usual traveling customer base.
B. The Westbound I-70 off-ramp will open this Friday, April 24th. This will involve a
traffic flow change, and a public education and local signage programs are
helping to prepare for the transition.
C. Congress is working on another stimulus package that will include more funding
for small businesses.
D. Congress is also working on an additional stimulus package with funding for
counties and municipalities not eligible for the previous appropriations.
E. The Governor has issued an order strongly recommending that people wear
masks in public.
Councilmember Hultin asked whether Jefferson County is considering a mandate or
recommendation to wear masks in public. Mr. Goff replied that he knows of no effort at
the County.
Councilmember Weaver expressed support for requiring Wheat Ridge residents to wear
masks whenever in public or visiting essential businesses. Councilmember Hutchinson
supported that idea and appealed to citizens to wear a mask for the protection of
everyone.
Councilmember Urban asked who would enforce such an order and what sanctions
would be involved. Mr. Goff replied that there are vendors who that service, and local
business owners can enforce it. Councilmember Stites encouraged the City to issue
such an order to support businesses that want to enforce it. Whether there are teeth in
the order or not, it supports those who want compliance in their business locations.
Councilmember Nosler Beck expressed the hope that there is an education component
to this to avoid denying elderly or disabled residents’ access to businesses for essential
goods and services. Councilmember Hutchinson believes that residents are already
aware of the need to wear masks.
Councilmember Hoppe supports an order mandating masks, but wants a grace period
for educating the public, educating business owners and their staffs and posting signs
with the help of civic organizations like the Rotary and Optimists.
Councilmember Urban urged the City Manager to exercise his authority under the
emergency declaration to require face coverings of all residents in public, especially in
businesses. Councilmember Stites supported that comment and expressed the belief it
must be a requirement because it protects others in the public not just the individual.
Councilmembers urged that any order have a specific expiration date, possibly
connected to the Governor’s stay at home order.
Councilmember Hoppe proposed a consensus to issue a mandatory face covering while
in public or visiting an essential business, accompanied by an educational effort for the
public and business owners, with a specific start date and deadline to end the mandate
on May 31, unless rescinded earlier or extended by further orders.
F. Mr. Goff asked for guidance about extending the ban on STR past April 30th.
Following a detailed discussion Council advised Mr. Goff that the current ban on
STR should expire on April 30th.
G. Mr. Goff reviewed the Governor’s announcement that Colorado will begin limited
relaxation of the stay-at-home order beginning April 27th. Final written order from
the Governor is pending. He emphasized that the Governor does not plan to re-
open restaurants, theaters, recreation center or gyms next week.
H. Mr. Goff asked for consensus to continue holding Council and other City
meetings through the end of May. Council agreed to continue virtual meetings
through May 2020.
4. Elected Officials’ Report(s)
a) Business Stabilization Program Update (Urban/Hoppe)
Mr. Steve Art gave a detailed report on the activities of the Small Business
Sustainability Program since it began. He reviewed business eligibility requirements.
The Task Force has met virtually to discuss applications and the selection process and
will meet tomorrow for final decisions. To date there are 131 applications who
requested a total of $630,000; the pool of funds Council approved totaled $250,000.
The following comments appeared in Wheat Ridge Speaks for this Agenda item.
Hello!
My name is Anna and I own a small business in Wheat Ridge. I was so excited to
hear about the grant being offered to sustain small business owners through
these hard times. However, I came to find out that I would need a Wheat Ridge
business license in order to apply. I strongly believe in compliance with all state
and county requirements, and had I known I would have been sure to apply for a
license when I opened my practice. As such, I never received a notice or any
form of communication about this requirement (and all of my colleagues in Wheat
Ridge also had never heard of this requirement) and so do not hold a current
license. As I know the application period has ended and I do not hold a current
license for Wheat Ridge I ask that city council start a second round of grant
funding without the requirement to have a current license, but rather that they
have an application in process. I also ask for more funding for the second round
of grants as I know there was a large pool of applicants for the first round and
expect there to be many more with the second round.
As a single mom with two young children, this business is my sole income. As I
strongly believe in social isolation and as DORA has required me to not practice
in person, I have no means of making an income.
Grants like this will allow me to pay my rent, pay for food for my family, and
ensure I will be able to resume my practice after this isolation ends. And even
when the isolation is lifted, I will be able to work minimally as I now have two
young children at home (one of whom is immunocompromised) for which I have
to provide daily care. I will not be able to take them to work with me because of
the risk of contamination, and so I will be out of work much longer than other
colleagues as I do not have another adult in the house with which to leave them.
Thank you for your consideration and thank you for taking care of small business
owners!
Prickly mermaid acupuncture and herbs
04/20/2020 10:46 am
Anna Francis
7170 W 42nd Ave
Wheat Ridge, 80033-4861
My name is Celeste and I own Wholeheartedly Well-being, a small massage
therapy biz in Wheat Ridge. Due to the nature of my work (in person and in
close proximity with my clients in a small space) I had to close my doors on
March 16th. My business is very young, 1 year old, so I have been working very
hard at growing my client base and making a name of myself in the community.
COVID19 pandemic has seriously stopped my momentum, and I am wondering
now if I’ll be able to come back to my practice, I also know that my peers with
whom I share office space are in a very similar situation, we are all in Wheat
Ridge.
I was not aware that the city of Wheat Ridge offered grants through this situation,
I only found out because of a colleague who also owns a business in Wheat
Ridge and gave me info about these grants, but by then it was too late and the
grants were gone.
I am asking you to consider setting up another set of grants for the small
businesses of Wheat Ridge and also to think about strategies and ways to make
it easier for us small businesses to stay afloat.
Thank you for your time and efforts to help.
04/20/2020 11:37 am
Celeste Ferro
5455 W 38th Ave Ste C
Wheat Ridge, 80212
End of Wheat Ridge Speaks comments on this item.
Council questions and comments:
Councilmember Hultin asked for clarification of what a second round of funding would
entail. Councilmember Urban asked that Council consider an additional $425,000 to
fund additional grants.
Councilmember Hoppe asked whether staff can identify the additional funding amidst
budget cutting given revenue shortfalls and expense budget reductions. She also
asked the Task Force to consider businesses Wheat Ridge businesses whose licenses
were not in good order as of February 1, 2020. Councilmember Urban replied that a
delinquently renewed business licenses are different from businesses who have never
had a Wheat Ridge business license. Mr. Art commented that an extensive series of
public information efforts followed the announcement of the current program.
A lengthy discussion about whether businesses operating in Wheat Ridge without a
Wheat Ridge business license should be eligible for grants under this program.
Council discussed, with staff input, the wisdom of funding additional grants for this
program before we know where the revenue stream stands, and before we know what
the Federal government will do in the next round or rounds of funding.
Council reached a consensus to look at this program again on May 11th and continue
with processing applications received for the current process.
Elected Officials Reports
Hoppe reported on the small business gift card program, and its website
WRGiftCards.com.
Several Councilmembers thanked the public for our efforts to protect one another during
this difficult time.
Councilmember Hutchinson asked about the legality and enforcement of residential fire
pits. Mr. Goff said neither the fire district nor the city regulates such fire pits.
Councilmember Urban commented on CoVid-19 testing available here in Wheat Ridge
and preparation for mass testing.
Mayor Starker thanked all of those who made presentations earlier this evening, and the
public for helping one another during this emergency. He is amazed at how well we
have adapted.
ADJOURNMENT
The Study Session adjourned at 9:08 pm.
APPROVED BY CITY COUNCIL ON June 8, 2020. _______________________________
Steve Kirkpatrick, City Clerk
_______________________________
Janeece Hoppe, Mayor Pro Tem
COUNCIL STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue May 4, 2020
Mayor Bud Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Janeece Hoppe, Judy Hutchinson, Zach Urban, Rachel
Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Councilmember Weaver
excused herself do to pressing personal matters.
Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of
Administration Allison Scheck; Director of Parks and Recreation, Karen O’Donnell,
guests including Ms. Lilly Griego and Mr. Christian Lebron with the US Census, Mark
Johnson, MD, Executive Director of Jefferson County Public Health; other staff and
interested citizens.
Citizen Comment on Agenda Items
There were no citizens who wished to speak to Council at this time.
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 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 (verbatim, if the
comments do not contain lascivious language or unlawful hate speech).
For this Council session no one entered any comments on Wheat Ridge Speaks about any
of the agenda items.
1. 2020 Census Update
(discussion began at 6:32 PM, 2 minutes into the session)
Ms. Scheck introduced our guests to discuss the impact of CoVid-19. Ms. Scheck
reported that as of today 69.2% of Wheat Ridge residents have completed their Census
responses.
Mr. Lebron discussed operational adjustments for the Census in response to the
pandemic. He reported that the deadline for responding to the Census in Phase I, self-
response online or via mail, is extended from July 31 to October 31, 2020. Mobile
questionnaire assistance, or visits by Census takers, will still begin July 31, 2020 but no
end date has been announced. He also reviewed details on how people living in group
quarters, people who can be contacted through service-based agencies and people
experiencing homelessness can respond to the Census. He then discussed how other
special populations, e.g. those living in motels or campgrounds, will be contacted and
counted. Ms. Griego reported on the changes in deadlines for reporting Census counts
in 2021, which still require Congressional approval. Our guests also reported the self-
response rates by Census tract for Jefferson County and the City of Wheat Ridge.
Council questions and comments:
Councilmembers asked how the City can help increase the self-response rate. Ms.
Griegos said we need to think outside of the box in terms of when and where we have a
chance to educate people. As an example, she told the story of a drive-in movie where
we could reach a large group, who are safely distanced. Use any and all media and
social media.
Ms. Scheck reported on the activities of the City task force, the Complete Count
Committee, which is working on public education and participation.
2. COVID-19 Response Update – Jefferson County Public Health (this
discussion began about 6:48 pm, or 18 minutes into the recording).
Mr. Goff introduced Mark Johnson, MD, Executive Director of Jefferson County Public
Health. Dr. Johnson reviewed the County statistics. He stated that the reported case
count is only about one fifth of the actual number of people who have been infected.
Right now, the County is focusing on the indicators put into place by the State, County
and Federal governments. Testing and contact tracing as always are key. Watching for
flattening of the curve and at least 14 days with decreasing cases are the other two of
the four key indicators. The Governor has said the Counties should look at their data,
and the data for neighboring counties, before transitioning from Stay at Home to Safer
at Home. All Counties in the Denver metro except Douglas have continued with the
Stay at Home order because the indicators make it clear that staying at home is still
necessary. On Friday May 8, these metro counties are scheduled to transition to Safer
at Home, after which the public health officials will closely monitor the indicators for
signs of improvement or regression.
He also discussed the implications, public health and economic, of requiring face
coverings or masks. Data from prior pandemics indicates that any mask less than an
N95 provides little protection. Law enforcement has too few resources to enforce any
mask order. Therefore, the County is unlikely to implement an order requiring masks.
He also reported that currently nearly 100% of workers in businesses are wearing
masks, and the public is wearing face covering at the rate of about 75 – 90%, with an
average of around 85%. Therefore, it is unlikely that a mandatory order would increase
the number of people wearing masks when visiting stores and other businesses.
Council questions and comments:
Council asked what the Safer at Home phase will look like for local businesses. Dr.
Johnson described how the Governor’s orders change when we transition to the second
of three phases, from phase one, Stay at Home to phase two, Safer at Home. The key
requirements that will remain are social distancing and limiting the numbers of people
who congregate in one place. It will not be until phase three that restaurants, gyms and
other businesses where people gather will re-open.
Council asked what the County thinks about resuming scholastic athletics. Dr. Johnson
said that for now all Jefferson County school facilities are closed to individual or group
practice or competition. Perhaps in phase three these activities will slowly resume.
Council also asked about holding religious services. Currently only 10 people may meet
in person indoors or in proximity outdoors. People may gather in the cars to participate
from their vehicles in religious services, if they all maintain social distancing, like drive-in
movie theaters.
Dr. Johnson also explained that businesses may bring up to 50% of their employees
back to their offices and other workplaces. Some retailers, especially large box stores
and supermarkets, are limiting the numbers of people allowed in the store at any one
time.
Council asked what the key messages and methods are for the County’s public health
education efforts, and how the City can support that campaign. Dr. Johnson reported
the County is using any and all media, social media, signage and educational handouts.
Council asked whether it is necessary to wear masks when out of doors and at a
distance from anyone else. Dr. Johnson indicated that when outdoors people do not
need to wear a mask as long as they are at least 6 feet from anyone else, or 25 feet
away from other riders when riding a bicycle.
Dr. Johnson also reported, in reply to a Councilmember’s question, that we do not know
what schoolrooms will look like when schools re-open. He said that people under age
20 typically have minor symptoms from CoVid-19. However, when kids congregate
then they may be contagious and infect adults and seniors, including bus drivers,
cafeteria workers and others in their extended families. He also says that the CDC says
no masks on children under age 2. For older children, the deciding factor is the risk to
the child and more important the risk that a child will transmit the infection to an adult,
especially a senior.
Dr. Johnson strongly supports mask wearing for children when they gather in places like
daycare centers and youth activities. However, he does not foresee an order that
children wear masks.
Council also asked whether there is a fallback plan if the new Safer at Home phase
triggers a surge in infections. Dr. Johnson responded that public health officials will
monitor daily and closely indicators that the spread in the community is increasing
again. He emphasized that we are opening slowly and cautiously because reverting to
Stay at Home would be very difficult in terms of public compliance.
He also discussed herd immunity, which is based on the concept that if enough people
are immune from having had the virus or had an approved vaccine then transmission is
much less likely. Right now there are many, many unanswered questions about how to
achieve herd immunity.
Dr. Johnson emphasized that if individual citizens comply with the public health orders,
maintain social distance, and wear masks, then we will continue to see progress. It all
depends on us the people.
Council asked Dr. Johnson about the wisdom and risks of beginning to do elective
surgeries in hospitals again. He replied that when there is adequate testing available
and sufficient personal protective equipment in stock, then beginning to do some
elective surgeries makes sense – with close and stringent monitoring.
When asked about a timeline for achieving herd immunity, Dr. Johnson replied that we
expect to move from phase to phase in the re-opening the community about every 5
weeks. Full herd immunity will require at least many months, and potentially for one to
two years.
3. Update on Parks and Recreation Programming/Schedules
(Discussion began at about 7:40 pm, 1:10 hours into the recording)
Karen O’Donnell, Director of Parks and Recreation, reviewed the current situation and
how the City is complying with recommendations and orders from the Federal to the
local level.
Summer camp will be possible if no more than 10 children are in one group, with the
same 10 children in that group throughout camp working with the same staff members
throughout the camp program.
The workout facilities and pool will open slowly, with limited numbers of people allowed
into the centers, probably with reservations for exercising during specific time periods.
The Department is also looking into virtual programs to replace in person activities. For
instance, we have launched a series of virtual classes and learning programs in the past
week.
The rule of 10 or fewer persons in one gathering still allows outdoor classes with up to 9
participants and an instructor. The Department is looking into how to offer as many of
these programs as feasible.
This year in lieu of a printed summer program catalog the City is publishing detailed
information on our website. The fall program guide will be published if we can foresee
enough opportunities to offer programs when the deadline to submit the printed content
arrives in June.
The City will not open pools on Memorial Day, but is looking to potentially open July 1, if
that proves feasible.
Facilities in parks, like restrooms, tennis courts and basketball courts remain closed for
now.
Dog parks remain open because staff have observed that citizens are maintaining social
distancing in those dog parks, and removing their pets droppings consistently.
Gold panning and water access remain closed due to demands on staff who would
provide water rescuing.
We are looking at having staff work in two groups, Monday-Wednesday-Friday and
Tuesday-Thursday-Saturday, with one person in each vehicle to maintain social
distancing.
Seasonal hiring of park workers is on hold at present, but the full-time staff are working
hard to fill the resulting gap. Most of our recreation staff are working from home. Some
may do other than their usual kinds of work in order to keep the parks open. We have
also kept our part-time employees at work, so we do not lose them to other jobs and
then have problems recalling or replacing them.
Ms. O’Donnell reviewed other details from the memo to Council that came in the packet
for this meeting.
Council had questions and comments:
Will memberships be restarted? Right now, we are not collecting membership fees for
classes, with a few, limited exceptions. Fees to visit the recreation centers are under
review, because the current situation restricts people’s access and the duration of the
visits.
Is the ash tree treatment program going to continue? Ms. O’Donnell will get back to us
with an answer.
Will programs like art, yoga Pilates continue? Are those teachers staff or contractors?
Yes, these programs will continue, and the instructors are a mix of staff and contractors.
Can we help the instructors market these programs when offering classes virtually?
How to best serve the residents and help the instructors is under consideration along
with other related issues, especially passes and fees for individual classes.
Councilmember Urban mentioned an app that encourages bicycle riders to speed along
routes to compete virtually with other riders, encouraging speeding. Ms. O’Donnell and
the PIO are working on signage and public education efforts to address speeding on
bicycles among pedestrians along Clear Creek.
Council asked about enforcing dog leash ordinances. Chief Murtha reported that there
have been several complaints about dogs running free. PD has assigned marshals and
Code Enforcement Officers to monitor and react.
Councilmember Hultin thanked Ms. O’Donnell for her thorough reports. She also
commented that pedestrians with dogs on long leashes represent a danger to bicyclists,
pets and pedestrians alike, and that fact should be included in any public education or
information effort.
4. Staff Report(s)
Mr. Goff discussed the CARES Act funds that Jefferson County received, and how the
County Commissioners will allocate portions of those funds to municipalities in the
County. Decisions are expected quickly, but it may take several weeks before the City
sees its portion of those funds.
5. Elected Officials’ Report(s)
a) Procedure for sharing comments in Wheat Ridge Speaks with the Council
and public
City Clerk Kirkpatrick reported on his work with Lauren Mikulak and Allison Scheck into
the options for including comments from Wheat Ridge Speaks in Council meeting
minutes and study session notes. Going forward the comments recorded under Wheat
Ridge Speaks will be included in the minutes/notes adjacent to the agenda the
comment addresses.
Dr. Kirkpatrick also thanked the first responders, police officers, tradespeople, doctors,
nurses, delivery drivers and supermarket workers who have done so much for so many.
He noted that at this hour few if any of those essential people are listening, so he urged
everyone to thank them in person whenever we can.
Council questions and comments:
Council does not believe it is necessary or effective to read comments into the record
from Wheat Ridge Speaks, although Councilmembers may choose to read
communications from constituents into the record per Council Rules.
Elected Officials Reports
Councilmember Hoppe reminded us that this Thursday May 7th is the biggest fundraiser
of the year for the Family Tree. The event will be held virtually, and this year it will be
free to attend. There are silent auction items for sale: www.thefamilytree.org.
The Mayor thanked the residents of Wheat Ridge for their cooperation and continuing
efforts to help one another during this pandemic. He again thanked the first responders,
doctors, nurses, and essential business employees who have worked so hard and done
so much to help the City and our people.
ADJOURNMENT
The Study Session adjourned at 9:00 pm, exactly. APPROVED BY CITY COUNCIL ON May 11, 2020.
_______________________________ Steve Kirkpatrick, City Clerk
_______________________________ Janeece Hoppe, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
May 11, 2020
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; Police Chief Christopher Murtha; Administrative Services Director, Allison
Scheck; Community Development Director, Ken Johnstone; Susan Anderson, Parks
and Recreation, Steve Art, Executive Director of Renewal Wheat Ridge, other staff, and
guests including Lindsay Reinert, Lutheran Hospital and interested citizens.
PROCLAMATIONS AND CEREMONIES
These presentations began at approximately 7:02 pm
Police Week Proclamation
Mayor Bud Starker called upon all those living and working in Wheat Ridge, and upon
all of our community’s patriotic, civic and educational organizations to observe the week
of May 10-16, 2020, as National Police Week. This nationwide program honors law
enforcement officers, past and present, who by their faithful and loyal devotion to their
responsibilities have rendered a dedicated service to our community and, in so doing,
have established for themselves an enviable and enduring reputation for preserving the
rights and security of all members of the community. Also calling the community to
observe May 15, 2020 as National Peace Officers Memorial Day.
Chief Christopher Murtha graciously accepted the Proclamation and thanked the Mayor
and Council for their support and recognition.
City Council Minutes May 11, 2020 page 2
Mental Health Month Proclamation
Mayor Starker proclaimed May 2020, as Mental Health Month and called upon all
residents, government agencies, public and private institutions, businesses, and
schools to recommit our communities and resources to increasing awareness and
understanding of mental health, providing appropriate and accessible services for all
community members, and making mental health a priority.
Ms. Reinert and Ms. Anderson accepted and acknowledged the proclamation and
thanked the Mayor and City for supporting and promoting services for mental health on
behalf of The Wheat Ridge HEAL Committee.
Wheat Ridge 2020 Graduates Proclamation
Mayor Starker, along with all elected officials and City staff, congratulated all City of
Wheat Ridge graduates, wished them well in their future endeavors and proclaimed
May 11 – 17, 2020 Wheat Ridge Graduates Week.
APPROVAL OF AGENDA
Accepted without modification or objection.
CITIZENS’ RIGHT TO SPEAK
This discussion began at approximately 7:14 pm.
Ihor Figlus, 9775 W. 36th Avenue – called to say that the City has failed to provide any
instructions on how to safely conduct an initiative petition drive during this public health
emergency. The City is pushing forward with public hearings without regard for the
citizens’ right to due process or for public health. The safety of citizens should be
primary while we protect our Constitutional rights. The City should stop holding public
hearings during this crisis.
Zoriana Morozewych, 3651 Ward Rd – called to object to the zoning change at Lutheran
Hospital at Clear Creek Crossing and asserted that citizens’ concerns are being
ignored. We pay your salaries and you are not listening to us. Should not our health
and safely come first? The developer’s concerns are more important to you the Council
than your constituents’ rights and well-being.
Corbin Travis, 6910 W. 25th Place, Lakewood – Called to thank the city for its great work
during the current public health emergency.
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.
City Council Minutes May 11, 2020 page 3
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).
For this Council session no one entered any comments on Wheat Ridge Speaks about
any of the agenda items.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 06-2020 - An Ordinance approving the rezoning of
property located at 9800 W. 38th Avenue from Residential- One (R-1) to
Planned Residential Development (PRD) with an Outline Development
Plan (ODP)
Discussion began at approximately 7:24 PM
Councilmember Weaver introduced Council Bill 06-2020.
The applicant is requesting approval of a zone change from Residential-One (R-1) to
Planned Residential Development (PRD) with an Outline Development Plan for property
located at 9800 W. 38th Avenue (southeast corner of W. 38th Avenue and Johnson
Street).
Because of insufficiencies in the noticing procedure for the public hearing on this
request, the City Attorney is requesting that this Council Bill, presently set for second
reading and public hearing on June 8, 2020, be postponed indefinitely. A replacement
Council Bill is on the Council’s May 11, 2020 agenda, which, when adopted, will set the
public hearing on the matter for the same date, June 8, and will enable the City to fully
comply with all public noticing requirements.
Mr. Dahl explained why the public notice, although published in the Transcript
appropriately and timely, did not meet legal requirements as to place (the notice stated
City Hall, not a virtual meeting). He also noted that a formal protest was filed, and the
person who made the protest rescinded the protest earlier today.
Motion by Councilmember Weaver to postpone indefinitely Council Bill No. 06-2020, an
ordinance approving the rezoning of property located at 9800 W. 38th Avenue from
Residential-One (R-1) to Planned Residential Development (PRD) with an Outline
Development Plan (ODP), upon request of the City Attorney, seconded by
Councilmember Urban; motion carried 8-0.
2. Council Bill No. 08-2020 - An Ordinance amending Article II of Chapter 9
of the Wheat Ridge Code of Laws concerning smoking in public places..
Discussion began at 7:31 PM.
Councilmember Hutchinson introduced Council Bill 08-2020.
City Council Minutes May 11, 2020 page 4
Article II of Chapter 9 of the Wheat Ridge Code of Laws is being amended to reflect
changes to the state smoking law, upon which the City’s current ordinance was based.
City Clerk Kirkpatrick assigned Ordinance 1688.
Mayor Starker opened the public hearing.
Mr. Dahl explained the need to update this City ordinance to reflect the use of electronic
smoking devices, and to align with state statutes. For instance, the legislature has
widened the no smoking zone near entrances to buildings from 15 feet to 25 feet. The
City established a 15-foot no smoking zone in 2015 and Mr. Dahl explained the City
may retain the limit at 15-feet, and that the ordinance before Council increases that
distance to 25 feet.
Public Comment
No members of the public came forth to comment.
Council Questions
Council had no questions.
Mayor Starker closed the public hearing.
Motion by Councilmember Hutchinson to approve Council Bill 08-2020, an ordinance
amending Article II of Chapter 9 of the Wheat Ridge Code of Laws concerning smoking
in public places, on second reading, and that it takes effect 15 days after final
publication, seconded by Councilmember Urban; motion carried 8-0
3. Council Bill No. 09-2020 - An Ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning streets and sidewalks.
Discussion of this item began at approximately 7:37 pm.
Councilmember Hoppe introduced Council Bill 09-2020.
Chapter 21 of the Code of Laws, entitled Streets and Sidewalks, regulates all
construction and operation activities in public rights of way, and needs a comprehensive
revision. Specifically, this chapter is in need of updating for the public works effort to
address a series of issues raised by construction activities of various utilities. This
ordinance modifies the Code of Laws accordingly and has incorporated suggested
language from a model ordinance used as a base by many other Colorado
municipalities.
City Clerk Kirkpatrick assigned Ordinance 1690.
Mayor Starker opened the public hearing.
Public Comment
No one came forward to speak.
City Council Minutes May 11, 2020 page 5
Council Questions
Mr. Dahl reviewed the process of drafting this ordinance, which took many hours of
effort to ensure that the language is appropriate, comprehensive and fair. He reviewed
the details of the meaning and importance of the proposed ordinance.
Councilmember Urban asked why the RTD is exempted from this proposed ordinance.
Mr. Steve Nguyen, of the City’s Engineering staff, responded that the exemption
pertains to right of way (ROW) and our long-standing working relationship with the RTD.
Most of the time RTD is working near state highways, so the City does not regulate the
ROW. When the RTD proposes a new bus stop, RTD manages installation and
operation within the state highway ROW.
Councilmember Hultin asked Mr. Nguyen to clarify the language around ensuring
pedestrian ROW during construction of new RTD bus stops, whether there is a sidewalk
or not. Mr. Nguyen explained the current practices and procedures.
Ms. Hultin also asked about placing traffic control devices (boxes) where they obstruct
either pedestrian ROW or lines of sight. She has seen a couple of instances in which
the signs that accompany construction themselves obstruct pedestrian ROW or lines of
sight for motorists. Mr. Nguyen explained how the City handles this issue on a project
by project basis.
Mayor Starker closed the public hearing.
Motion by Councilmember Hoppe to approve Council Bill 09-2020, an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning streets and
sidewalks on second reading, and that it take effect immediately upon adoption, seconded by Councilmember Stites; motion carried 8-0
4. Resolution No. 27-2020 – A Resolution approving an enhanced sales tax improvement program agreement with Grammy’s Goodies in the amount not to exceed $70,000 or for five years, whichever shall occur first
Discussion of this item began approximately 7:55 pm.
Councilmember Hultin introduced Resolution 27-2020.
The City of Wheat Ridge received a request from Jeff and Vickie Corder, owners of
Grammy’s Goodies (Grammy’s), to enter into the Enhanced Sales Tax Incentive
Program (ESTIP) for the rebate of sales tax increment (Increment) in association with a
proposed remodel and addition of an enclosed patio to their restaurant located at 4601
N. Harlan Street in Wheat Ridge. The rebate would be for 50% (1.5 cents) of City
incremental sales tax generated for a period of five years or a total not to exceed
amount of $70,000.
Mayor Starker opened the public hearing.
City Council Minutes May 11, 2020 page 6
A Staff Presentation by Mr. Steve Art reviewed the history of this item, why the
restauranteur has applied for this ESTIP, and the benefits to the business owners and
the City. He reported on the dramatic increase in the restaurant’s business after it
appeared on a national TV program, which inspired an expansion of the restaurant and
hiring of several more employees.
Public Comment
No one came forward to speak.
Council Questions
Council had no questions or comments.
Mayor Starker closed the public hearing.
Motion by Councilmember Hultin to approve Resolution 27-2020, a resolution
approving an enhanced sales tax improvement program agreement with Grammy’s
Goodies in the amount not to exceed $70,000 or for five years, whichever shall occur
first, seconded by Councilmember Urban; motion carried 8-0
ORDINANCES ON FIRST READING
5. Council Bill No. 10-2020 - An Ordinance approving an amendment to the
existing Planned Mixed-Use Development (PMUD) zoning to increase the
allowable height for hospital uses at Clear Creek Crossing.
Discussion began at approximately 7:59 pm
Councilmember Stites introduced Council Bill 10-2020.
The applicant is requesting to modify the underlying zoning to increase the allowable
height for hospital uses. A hospital is already a permitted use in the existing zoning,
and the existing zoning also contemplated 6-story employment uses. However, a
hospital built to six stories requires an additional 12 feet of height to meet design
requirements and current building codes. The applicant is also seeking a limited
additional height allowance to accommodate a rooftop elevator associated with a
helipad. Staff is recommending the public hearing be set for June 8 in a virtual meeting
format; it is reasonable to assume that there will still be limitations on the size of in
person gatherings at that time.
Motion by Councilmember Stites to approve Council Bill 10-2020 - an ordinance
approving an amendment to the existing Planned Mixed Use Development (PMUD)
zoning to increase the allowable height for hospital uses at Clear Creek Crossing, on
first reading for the sole purpose of ordering it published for a public hearing set for
Monday, June 8, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect
15 days after final publication; seconded by Councilmember Hoppe.
City Council Minutes May 11, 2020 page 7
Councilmember Urban asked if there are any new developments in terms of the
procedures for initiative petitions.
Mr. Dahl reported that the Colorado Supreme Court recently issued an order to the
effect that the statutes must be followed, notwithstanding the current public health crisis.
There is therefore no relief from the requirements for original ink signatures on petitions
circulated to put initiative actions by voters on the ballot. The Office of the Secretary of
State is rumored to be developing guidance for governments and citizens on how to
comply with the decision of the Court while protecting the public health. He emphasized
that it is unlikely that there will be a suspension of the requirement that citizens sign
petitions in person with original ink on prepared petition forms.
Councilmember Stites asked if there is no relief or Secretary of State does not issue
new guidance by June 8th, then what options would Council have? He also asked how
other municipalities are handling this issue.
Mr. Dahl explained the procedural options Council would have at its disposal to move
forward but continue the process for a period to delay starting the 45-day time limit for
circulating and submitting initiative petitions. He reviewed the approaches other
municipalities have been following, and they are many and varied.
Councilmember Stites asked his peers and the Mayor if it would make sense to
schedule only one or two public hearings on the agenda for virtual meetings.
After due deliberation and discussion, motion carried 8-0.
6. Council Bill No. 11-2020 - An Ordinance approving the rezoning of
property located at 9800 W. 38th Avenue from Residential-One (R-1) to
Planned Residential Development (PRD) with an Outline Development
Plan (ODP)
Discussion began at approximately 8:02 pm
Councilmember Weaver introduced Council Bill 11-2020.
The applicant is requesting approval of a zone change from Residential-One (R-1) to
Planned Residential Development (PRD) with an Outline Development Plan for property
located at 9800 W. 38th Avenue (southeast corner of W. 38th Avenue and Johnson
Street). The purpose of this request is to prepare the property for the development of
four (4) single-family homes and three (3) duplexes, for a total of ten (10) dwelling units.
Staff is recommending the public hearing be set for June 8 in a virtual meeting format; it
is reasonable to assume that there will still be limitations on the size of in person
gatherings at that time.
Motion by Councilmember Weaver to approve Council Bill 11-2020 - an ordinance
approving the rezoning of property located at 9800 W. 38th Avenue from Residential-
One (R-1) to Planned Residential Development (PRD) with an Outline Development
Plan (ODP), on first reading, order it published, public hearing set for Monday, June 8,
City Council Minutes May 11, 2020 page 8
2020 at 7:00 p.m. as a virtual meeting, and if adopted, that it take effect 15 days after
final publication; seconded by Councilmember Urban
Councilmember Hoppe moved to amend this motion to change the date of the public
hearing to June 22; seconded by Mr. Stites. Amendment passed 8-0.
Mr. Goff recalled that the legal protest previously filed was rescinded today.
The main motion, as amended, passed 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
7. Motion to approve appointment of representatives to the 2021 Outside
Agency Program Committee
Discussion began at approximately 8:11 pm.
Councilmember Nosler Beck introduced item 7.
The purpose of creating the 2021 Outside Agency Program Committee is to provide an
additional opportunity for citizens to participate in the budget process. This committee
gives citizens the opportunity to weigh community needs with available resources and
provide recommendations to City Council.
Staff Report by Marianne Schilling
Council questions
Councilmember Urban asked about the deadline of May 4th, and how many non-profits
applied this year.
Councilmember Hultin asked whether we need to approve the extension of the term for
the two committee member who will continue to serve. Mr. Goff reported that a re-
appointment is not required.
Motion by Councilmember to appoint Jerry DiTullio, District I, and Genevieve Wooden
District IV, to the 2021 Outside Agency Program Committee, District IV, term to expire
after 2022 budget recommendations are presented in 2021, seconded by
Councilmember Dozeman; carried 8-0
8. Resolution No. 29-2020 – A Resolution approving an intergovernmental
agreement with Jefferson County for CARES Act local government
distributions
Discussion began at approximately 8:20 pm
Councilmember Dozeman introduced Resolution 29-2020.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law
on March 27, 2020. This $2.3 trillion economic relief package provides economic
assistance for American workers and families, small businesses, and preserves jobs for
City Council Minutes May 11, 2020 page 9
American industries. The CARES Act established the $150 billion Coronavirus Relief
Fund to provide payments to State, Local and Tribal governments navigating the impact
of the COVID-19 outbreak.
Only local governments with populations that exceed 500,000 are eligible to receive
direct payments from the Relief Fund. Jefferson County’s population exceeds 500,000
and the County received approximately $101 million in funding, a portion of which the
County desires to share with municipalities in Jefferson County. This IGA outlines the
obligations of the City of Wheat Ridge in receiving these funds.
Staff Presentation
Mr. Goff reviewed the need for this agreement with Jefferson County to share the
CARES Act funding with cities in Jefferson County. The City will receive half of
approximately $2.4 million upon passage of this resolution, and the second half when
the City submits a spending plan to the County for approval.
Public Comment
No one came forward to speak.
Council Questions
Council had no questions.
Motion by Councilmember Dozeman to approve Resolution 29-2020, a resolution
approving an intergovernmental agreement with Jefferson County for CARES Act local
government distributions, seconded by Councilmember Stites; motion carried 8-0.
9. Resolution No. 28-2020 – A Resolution amending the Fiscal Year 2020
General Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $250,000 for the purpose of funding phase
two of the Business Stabilization Program
Discussion began at approximately 8:33 pm
Councilmember Urban introduced Resolution 28-2020.
The impact of COVID-19 on American businesses has increased dramatically over the
last two months as state and local governments order mandatory shut-downs and
‘shelter in place’ orders, further complicating operations for businesses already
impacted by COVID-19. The City has recently distributed $250,000 in grants to ninety-
nine Wheat Ridge businesses through the Business Stabilization Program. The City will
receive federal funding from the CARES Act, through Jefferson County, which is
authorized to be used for business recovery grant programs. This federal funding will
enable the City to provide an additional $250,000 for phase two of the Business
Stabilization Program
City Council Minutes May 11, 2020 page 10
Staff Presentation
Mr. Goff reviewed the guidance from the US Treasury that allows use of CARES Act
funding for this proposed purpose. A potential third round could occur later, depending
on further fiscal developments.
Public Comment
No one came forward to speak.
Council Questions
Councilmember Urban commented that as we make these grants, we need to ensure
that businesses receiving the grants must comply with the public health orders.
Councilmember Nosler Beck asked Councilmember Urban and Mr. Art if any lessons
learned from the first round have informed this second round. Mr. Art discussed the
procedure for ensuring grantees have a current Wheat Ridge business license. City
Treasurer Chris Miller has created various Xcel tools to help the committee make its
decisions. Councilmember Urban said that the scoring mechanism used by reviewers
in round one is under review for round two, to ensure that grantees comply with
conditions like having a business license and obeying with public health orders.
Ms. Nosler Beck also asked whether grantees in round one can still apply in round two.
Mr. Urban replied that they may apply again so long as their total grants for both rounds
amount to $5,000 or less.
Ms. Nosler Beck also thanked Mr. Urban, Mr. Art and the committee for their dynamic,
agile work.
Councilmember Weaver asked whether the motion needs to be amended to revise the
grant requirements. Mr. Urban replied that the committee and the City Manager have
the authority they need.
Councilmember Hultin thanked the committee for its quick, agile work. She wants to
make sure that there is ample time for businesses to apply, and significant efforts at
public education and information to make sure local businesses know about the
program and the application process.
Motion by Councilmember Urban to approve Resolution 28-2020, a resolution amending
the Fiscal Year 2020 General Fund Budget to reflect the approval of a supplemental
budget appropriation in the amount of $250,000 for the purpose of funding phase two of
the Business Stabilization Program, and further stating in the resolution that Council
hereby adopts the findings of fact and the statement of public purpose clause previously
adopted by Council in Resolution 25-2020, seconded by Councilmember Hoppe; motion
carried 8-0.
City Council Minutes May 11, 2020 page 11
CITY MANAGER’S MATTERS
Mr. Goff updated the Council and public on the Denver Water pipe replacement project.
The next phase will take the pipe across 32nd Ave., and has been re-scheduled to begin
May 26th, while traffic is light. Traffic on 32nd Ave will be diverted at Simms to 26th
Avenue. The project is expected to be completed by early July.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
Councilmember Dozeman asked Mr. Goff what kind of public outreach and notifications
are planned for the Denver Water project. Mr. Goff explained how the City and Denver
Water will take steps to inform the public and merchants in the Applewood Shopping
Center.
Councilmember Dozeman asked that the City allow merchants to open outdoor patios
for people to wait for their orders while maintaining social distancing. She asked for a
discussion at a future Council session.
Councilmember Stites recalled a conversation he had with a young man in middle
school who was doing his research and interviews for a merit badge related to municipal
government. Mr. Stites was very impressed with the young man, his questions, his
comments and his approach.
Councilmember Weaver thanked the City staff for doing a great job. She sent a special
kudo to Parks and Recreation for the virtual programs they have launched.
Councilmember Hultin proposed that Council discuss temporary measures about how
businesses should implement the public health orders and make optimal use of their
indoor and outdoor space. She also asked whether some businesses, such as yoga
studios and martial arts instruction, could use our parks for outdoor classes.
Councilmember Urban reminded others that there is an Adopt a Senior Program, to
honor and recognize Wheat Ridge High School graduates in the Class of 2020 and
urged us to adopt a senior. He also thanked staff for their innovative and creative
efforts at ensuring the public cleans up after their dogs.
Councilmember Hutchinson asked whether anyone had contacted other Council
members about finding Council meeting outcomes on the website and asked that the
Clerk publish minutes in a timelier fashion.
City Clerk Kirkpatrick replied that he had made the decision to delay publishing minutes
from the Council sessions since March 30, until the process and details for including
comments by citizens entered in Wheat Ridge Speaks can appropriately appear in the
minutes. He committed to having the delayed minutes ready for review well before the
City Council Minutes May 11, 2020 page 12
next regular Council meeting on June 8th so that Council will have the minutes ready for
approval on June 8th.
Councilmember Hoppe commented that we should be proud of the efforts by staff to
help citizens make their thoughts and positions heard and known to Council.
Mayor Starker thanked our guests for coming this evening to receive the proclamation
on mental health. He thanked Chief Murtha and his force for sterling work in difficult
times. He thanked the committee that reviews applications for grants for their quick and
successful work.
The Mayor also recognized once again the graduating high school seniors, expressed
his sorrow that their graduation ceremonies, celebrations and other social events are
denied to them by the coronavirus pandemic. He urged them to go forward, accomplish
great things and change the world!
ADJOURNMENT
The meeting adjourned at 9:03 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON June 8, 2020
______________________________
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.
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue May 18, 2020
Mayor Bud Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council or City staff were physically present at the Municipal
building for this meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck and Leah Dozeman.
Also present: City Attorney Jerry Dahl; City Clerk Steve Kirkpatrick; City Manager
Patrick Goff; Director of Administration Allison Scheck, Director of Parks and Recreation
Karen O’Donnell, guests Alexis Woodrow Lead Reduction Program Manager, Jeannine
Shaw, Stephen Geisler, and Meg Trubee of Denver Water Government Affairs; Tyler
Corbin of Evergreen Partners; other guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forth to speak.
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).
There were no comments entered into WR Speaks for this meeting.
1. Denver Water Lead Reduction Program
Discussion began at 6:31 pm, approximately 2 minutes into the recording of the session
Denver Water is committed to delivering safe water to its customers. The water that
they provide to homes and businesses is lead-free, but lead can get into the water as it
moves through lead-containing household fixtures, plumbing and water service lines,
the pipe that brings water into the home from the main in the street, that are owned by
the customer.
City Manager Patrick Goff delivered to Council a short introduction for the
representatives from Denver Water being Jeannine Shaw, Alexis Woodrow, and
Meghan Trubee who gave detailed presentations about this item, its purpose and the
background of the reasons for bringing it to Council.
Six years ago Denver Water found in residential sample testing that too many homes
had lead levels that exceeded the EPA limit (15 parts per billion1) for residential water.
Those findings prompted Denver Water to act on lead reduction. (The vast majority of
the 54,000 to 64,000 residential lead water service lines in the Denver area are in
residences built before 1950.)
• pH adjustment: Increasing the pH level of the water to reduce the risk of lead
and other metals getting into drinking water from lead service lines or household
plumbing.
• Inventory: Developing and maintaining a publicly accessible inventory of all
customer-owned lead service lines in Denver Water’s service area. The service
line is the pipe that brings water into the home from the main in the street.
• Lead Service Line Replacement: Replacing all of these lead service lines with
copper lines at no direct charge to the customer.
• Filter Program: Providing a free water pitcher, filter and replacement filters,
certified to remove lead, to all customers suspected of having lead services lines
until six months after their line is replaced.
• Ongoing: Communication, outreach and education programs.
Denver Water presented this information to Council because our water does not and
has not presented a public health hazard, however public education efforts are ongoing
to help the public understand DW’s interventions and other assistance to residents.
Councilmembers had questions and comments, a sampling of which follows:
• How does lead contamination enter the human body?
• How does increasing pH reduce the lead levels while remaining safe and
effective for drinking, cooking and bathing?
• Have schools been checked for lead in the water? (Yes.)
• Does changing the water pH impact gardening?
• How does DW determine that a water service line is lead or has lead in it? (Water
quality testing. No above ground detection method works as of today.)
1 For purposes of comparison, the infamous water supply in Flint, Michigan had 13,000 parts per billion of lead in
the city water.
• How does DW replace a service line? Does it replace the line with a new pipe of
the same size? Is the water meter and adjacent fittings all replaced? What
method of line replacement does DW use; open cut or boring?
• What should our citizens expect to see when this program rolls out later this
year? Kits for water quality self-testing, drinking water pitchers that filter
impurities from the water (for those with suspected lead plumbing).
• How many different water service providers do we have in Wheat Ridge? Will
different water services be communicating the same messages or their own
messages?
• What will this program add to water bills?
Our guests from Denver Water asked that we direct questions from residents to Denver
Water Customer Care, lead@denverwater.org.
2. City Manager’s Matters
Discussion began at 7:28 pm, approximately 58 minutes into the recording of the
session.
Mr. Goff reported on several matters.
• He updated Council on the hook ramp project at Clear Creek Crossing, how it will
be financed, and how the cash flow will work. Council had questions about any
risks the City is taking and how various scenarios might develop, especially in
light of the CoVid-19 pandemic. No Council action is required or recommended
at this time.
• The City staff is monitoring revenues on a month by month basis to project
revenue shortfalls and cash flows. At this point in time too many variables
remain unknowns to make projections with any confidence.
• Ms. O’Donnell updated Council on plans for safely opening and beginning
summer programs. She was responding to a question from Council last week,
about using public parks for classes like yoga or martial arts, during the closure
of our recreation centers.
• Ms. O’Donnell reported on actions taken to mitigate the risk of pedestrians
(especially those walking dogs either on or off leash) and cyclists sharing our
greenbelts.
• Mr. Goff also reported on guidance received from the county and state health
departments concerning use of patios and parking areas at small businesses and
restaurants to ease reopening. City Attorney Dahl discussed the authority to
make these steps happen as part of the resolution passed by Council declaring
an emergency. Community Development is leading an effort to inform and
educate local businesses about using these spaces as they reopen.
• Mr. Goff recommended delaying the Council Retreat into early 2021, because at
present there are too many unanswered questions to make strategic planning
rational. Council asked that in the meantime the City provide a review of the
latest strategic planning priorities, to refresh the memories of all Council-
members, especially those elected in 2019.
• He asked for guidance from Council about when to lift the mask order. Council
had various questions and suggestions for Mr. Goff to consider.
Ms. Hultin asked for a consensus to hold a Special Council Meeting on June 1,
following the regular Study Session on that date, to consider whether to continue the
mask order as promulgated in Resolution 26, after it expires on May 30th. Consensus
reached.
3. Elected Officials’ Report(s)
Councilmember Stites asked if there are any developments in the area of petition
circulation and collecting signatures for both initiatives and referenda, given the current
public health concerns. Mr. Dahl explained that the situation is still evolving, but that the
Governor cannot relieve requirements in either City Code/Charter or Colorado laws. Mr.
Dahl is drafting a memo to the Mayor and Council about options to change those
requirements under our Home Rule Charter.
He cautioned that the City would have to anticipate both intended and unintended
impacts of any contemplated action, because an action on one election matter may
affect other provisions of election law.
Councilmember Dozeman reported that the Carnation Festival has been officially
cancelled because of the pandemic. She explained how difficult the decision was, and
why the action needed to be taken now.
Councilmember Hoppe thanked Councilmember Dozeman and Mr. Joe DeMott for their
hard work preparing for the Carnation Festival and the hard decisions they had to make.
Councilmember Urban reported on progress with the Business Stabilization Program
and decisions made by the committee to accept and review applications for Round 2.
The committee will begin accepting applications next week, and the application period
will end June 5th. Councilmember Weaver thanked Mr. Urban and the others on the
Committee for their hard work.
Councilmember Hultin asked the public to take extra care as school ends next week
and more children and adolescents will be bicycling and playing on our streets,
greenbelts and bike pathways.
Mayor Starker again acknowledged the Wheat Ridge High School class of 2020. He
thanked all of the essential workers, especially first responders, for their continued hard
work under difficult conditions.
ADJOURNMENT
The Study Session adjourned at 9:06 pm.
APPROVED BY CITY COUNCIL ON June 8, 2020.
Steve Kirkpatrick, City Clerk
__________________________
Janeece Hoppe, Mayor Pro-Tem
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 31-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,231,571 FOR THE PURPOSE OF ACCEPTING THE CARES ACT LOCAL GOVERNMENT DISTRUBTION FROM JEFFERSON COUNTY
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ __________________________ Administrative Services Director City Manager
ISSUE:
The City has entered into an intergovernmental agreement (IGA) with Jefferson County for the purpose of accepting $2,463,142 in CARES Act funding in 2020. Fifty percent, or $1,231,571, has been received by the City and Council approval is required to appropriate these funds for expenditure.
PRIOR ACTION: Council approved the IGA with Jefferson County on May 11, 2020 which outlines the obligations of the City of Wheat Ridge in receiving these funds.
FINANCIAL IMPACT: The increased authorization in expenditures is offset by revenue as outlined in the IGA.
As previously noted, the City has received the first 50 percent of the amount specified in the IGA. In order to obtain the remaining balance of $1,231,571 from the County, staff is developing a spending
plan for review which will be submitted with a request for the second half of the distribution. Additionally, the City may be able to request additional funds at that time.
1a
Council Action Form – CARES Act Supplemental Budget
June 8, 2020
Page 2 Furthermore, the funds will be used to offset the City’s costs of responding to the pandemic. Eligible
expenses include:
• Economic Support to Businesses (such as the Business Stability Program)
• Sanitation (such as facility and vehicle disinfection)
• Personal protective equipment (such as masks, gloves and gowns)
• Technology to support a remote environment
• Personnel diverted to responding to the pandemic
• Unemployment Insurance and leaves as mandated by the Families First Coronavirus Response Act BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of-
state visitor to Summit County who was transported to Jefferson County and on March 10, 2020,
the first Jefferson County resident tested positive for COVID-19, with two additional cases reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus and its transmission within the community.
On March 13, 2020, the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the pandemic is expected to exceed Jefferson County’s available resources.
On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and
Economic Security Act, (the “CARES Act”), which established a $150 billion Coronavirus Relief Fund to make payments from the Fund to States and eligible units of local government. Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of
local government under the CARES Act, and, as a result, the County requested direct payment of
its share of the funding from the US Department of the Treasury on April 17, 2020. Jefferson County recognizes that cities within the County will also have increased expenditures due to COVID-19, and would like to share Jefferson County’s allocation with them. Jefferson
County will mirror the 55%/45% split utilized in the CARES Act for State/Local government distribution to share with local Jefferson County jurisdictions on a per capita basis. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request.
RECOMMENDED MOTION: “I move to approve Resolution No. 31-2020, a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,231,571 for the purpose of accepting the CARES Act local government distribution from
Jefferson County”
Council Action Form – CARES Act Supplemental Budget
June 8, 2020
Page 3 Or,
“I move to deny Resolution No 31-2020, a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,231,571 for the purpose of accepting the CARES Act local government distribution from Jefferson County for the following reason(s) __________________________.”
REPORT PREPARED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 31-2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31
Series of 2020
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $1,231,571 FOR THE PURPOSE OF ACCEPTING THE CARES ACT LOCAL GOVERNMENT DISTRIBUTION FROM JEFFERSON COUNTY
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and
WHEREAS, Jefferson County’s population exceeds 500,000 and therefore
received approximately $101 million in funding through the CARES Act, a portion of which the County desires to share with municipalities in Jefferson County; and
WHEREAS, the City Council authorized the intergovernmental agreement with Jefferson County for the purpose of accepting a local distribution of CARES Act funding;
and
WHEREAS, funds distributed to the City will be spent to offset the costs of responding to the COVID-19 health emergency. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $1,231,571 is hereby approved from the General Fund undesignated reserves to account 01-610-700-777 and the 2020 revenues are amended accordingly.
DONE AND RESOLVED this 8th day of June, 2020. Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO BANK OF OKLAHOMA FOR 2020 PRINCIPAL AND INTEREST
PAYMENTS IN THE AMOUNT OF $3,499,700 FOR THE CITY
OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ______________________________ Administrative Services Director City Manager
ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par
amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2020 is due in June in the amount of $467,350 and the principal and second interest payment is due in December in the amount of $3,032,350. Funds to cover the 2020 payments are budgeted in the 2020 2E Bond Fund budget.
PRIOR ACTION: On June 10, 2019, City Council approved the principal and interest payments on the bonds due in 2019.
On November 26, 2018, City Council approved the second principal and interest payment on the
bonds.
On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond Fund. The City made the first principal and interest payment on the bonds in November, 2017.
On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot
1b
Council Action Form – 2E Bond Principal and Interest Payment
June 8, 2020
Page 2 question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and
use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City
investment in public infrastructure to facilitate economic development opportunities. FINANCIAL IMPACT: The aggregate principal amount of the bonds totals $30,595,000 with a total repayment cost of
$37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not
exceed $3,700,000. The 2020 adopted 2E Bond Fund budget includes adequate funds for debt service payments. In 2019, the 0.5% sales and use tax rate increase generated $4,159,428. Therefore, funds are available
to cover these debt service payments.
BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the
DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task
Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one-cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance
of debt to finance the following projects:
• Anderson Park Improvements
• Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70
• Wheat Ridge • Ward Commuter Rail Station Area
• Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and Youngfield
At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in a special fund and will not be released or available for any purposes except for the four projects listed above and to pay debt service on these bonds and to replenish the reserve fund.
RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to the bank by a certain date, otherwise the City will be in default of this agreement. The payments
to Colorado State Bank were subsequently assigned to Bank of Oklahoma. RECOMMENDED MOTION: “I move to approve payment to Bank of Oklahoma for 2020 principal and interest payments in the amount of $3,499,700 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds,
Series 2017A.”
Council Action Form – 2E Bond Principal and Interest Payment
June 8, 2020
Page 3 Or,
“I move to not approve payment to Bank of Oklahoma for 2020 principal and interest payments in the amount of $3,499,700 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A for the following reason(s) .”
REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Allison Scheck, Administrative Services Director ATTACHMENTS:
1. Bond Debt Service
Mar 22, 2017 8:58 am Prepared by FirstSouthwest (LDR) (Finance 7.017 c:\users\lramos\desktop\City of Wheat Ridge, Colorado:3_21_17P-AAMIN_NI) Page 2
BOND DEBT SERVICE
City of Wheat Ridge, Colorado
Sale Tax Revenue Bonds, Series 2017 (Pricing Day 3.21.2017)
PRICING DAY 3.21.2017
FINAL NUMBERS
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
12/01/2017 2,800,000 3.000%690,454.72 3,490,454.72 3,490,454.72
06/01/2018 552,650.00 552,650.00
12/01/2018 2,400,000 3.000%552,650.00 2,952,650.00 3,505,300.00
06/01/2019 516,650.00 516,650.00
12/01/2019 2,465,000 4.000%516,650.00 2,981,650.00 3,498,300.00
06/01/2020 467,350.00 467,350.00
12/01/2020 2,565,000 4.000%467,350.00 3,032,350.00 3,499,700.00
06/01/2021 416,050.00 416,050.00
12/01/2021 2,665,000 2.000%416,050.00 3,081,050.00 3,497,100.00
06/01/2022 389,400.00 389,400.00
12/01/2022 2,720,000 5.000%389,400.00 3,109,400.00 3,498,800.00
06/01/2023 321,400.00 321,400.00
12/01/2023 2,860,000 5.000%321,400.00 3,181,400.00 3,502,800.00
06/01/2024 249,900.00 249,900.00
12/01/2024 3,000,000 5.000%249,900.00 3,249,900.00 3,499,800.00
06/01/2025 174,900.00 174,900.00
12/01/2025 3,150,000 ** %174,900.00 3,324,900.00 3,499,800.00
06/01/2026 119,400.00 119,400.00
12/01/2026 3,260,000 4.000%119,400.00 3,379,400.00 3,498,800.00
06/01/2027 54,200.00 54,200.00
12/01/2027 2,710,000 4.000%54,200.00 2,764,200.00 2,818,400.00
30,595,000 7,214,254.72 37,809,254.72 37,809,254.72
ATTACHMENT 1
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 10-2020 – AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ-19-10)
PUBLIC HEARING ORDINANCES FOR 1ST READING (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/08/2020)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________
Community Development Director City Manager
ISSUE: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. A hospital is already a permitted use in the existing zoning, and the existing
zoning also contemplated 6-story employment uses. However, a hospital built to six stories requires an additional 12 feet of height to meet design requirements and current building codes. The applicant is also seeking a limited additional height allowance to accommodate a rooftop elevator associated with a helipad.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and draft meeting minutes are attached.
This request was originally scheduled for public hearing in April, but the hearing was not held. This ordinance was introduced on first reading on May 11 and replaces the prior Council Bill 05-2020 which was postponed indefinitely on April 27, 2020.
2
Council Action Form – CCC ODP Height Amendment
June 8, 2020
Page 2 FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-19-
10. If the development advances, next steps would include a Specific Development Plan and building permits, and review fees as well as use tax would be paid as part of those processes. BACKGROUND: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-07).
This request seeks to modify the maximum height standards only for a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning this request requires review at public hearings before Planning Commission and City Council.
Existing Conditions The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. Within Wheat Ridge, that
includes Clear Creek Trail and the Coors water storage facilities; the Applewood Golf Course
and a large-lot single-family neighborhood are adjacent to the site but outside the City boundary. In total Clear Creek Crossing is approximately 110 acres in size, and Planning Area 1 (PA 1) comprises approximately 25 acres of the site. In the approved zoning documents, PA 1 is
proposed to have a major employer. The applicant, SCL Health, purchased the land in 2018 and
has started preliminary site planning. That effort has resulted in this request for increased height. Proposed Height Amendment SCL Health is seeking to construct a medical campus in Planning Area (PA) 1 including a
hospital building that is six (6) stories in height. Additionally they are requesting an allowance
for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary employment uses;” this generally accommodates a six-story office building. While a hospital is a
permitted use in PA 1, the current zoning does not specifically contemplate a different height
standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below.
Council Action Form – CCC ODP Height Amendment
June 8, 2020
Page 3
Maximum Building Height in PA 1
(black text shows existing height standards, red text denotes the two categories proposed by this request)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
There are no other changes to the zoning or to the ODP or DPB documents. The proposed amendment is written as narrowly as possible so as not to increase the maximum height of other
land uses or functions. The 102-foot height limit would accommodate the design requirements
and building codes for a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet—likely a small portion of the overall roof. If the request is approved, specific building and site design would be subject to review by staff and the Planning Commission in a Specific Development Plan application.
The applicant’s letter of request as well as a complete analysis of the zone change criteria is enclosed for review as part of the Planning Division Staff Report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading.
Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions
and zone districts. Staff is ultimately recommending approval of this request.
RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2020, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for
hospital uses at Clear Creek Crossing, on second reading, and that it takes effect 15 days after
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.
Council Action Form – CCC ODP Height Amendment
June 8, 2020
Page 4 3. The proposed rezoning has been found to comply with the criteria for review in Section
26-603 of the Code of Laws.
Or, “I move to deny Council Bill No. 10-2020, an ordinance approving an amendment to the existing
Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital
uses at Clear Creek Crossing for the following reason(s) _______________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.”
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 10-2020 2. Planning Division Staff Report 3. Planning Commission Draft Meeting Minutes 4. Written Public Comment – received thru May 29, 2020
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 10 ORDINANCE NO. 1688 Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, SCL Health submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for
property at Clear Creek Crossing; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed use regional destination including employment uses; and,
WHEREAS, the existing zoning allows for a hospital but does not specifically contemplate height standards for hospital uses; and,
WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 20, 2020 and voted to recommend approval of the application, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by SCL Health for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing, and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 AND OUTLOOK AT CLEAR CREEK CROSSIGN SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, June 8, 2020 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 8th day of June , 2020. SIGNED by the Mayor on this 8th day of June , 2020.
_________________________ Bud Starker, Mayor
ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
Approved as to Form _________________________
Gerald Dahl, City Attorney
1st publication: May 14, 2020 2nd publication: June 11, 2020 Wheat Ridge Transcript: Effective Date: June 26, 2020
Case No. WZ-19-10 / CCC Height Amendment 1
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: February 20, 2020 (Planning Commission) / April 13, 2020 (City Council)
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME: WZ-19-10 / CCC Height Amendment
ACTION REQUESTED: Request for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing
LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 33rd Avenue
APPLICANT (S): Davis Partnership Architects, on behalf of SCL Health
OWNER (S): SCL Health and Evergreen Devco
APPROXIMATE AREA: Approximately 109 acres
PRESENT ZONING: Planned Mixed Use Development (PMUD)
COMPREHENSIVE PLAN: Mixed-Use Commercial, Regional Commercial Center
ENTER INTO RECORD: Comprehensive Plan Case File & Packet Materials Zoning Ordinance Digital Presentation
Location Map (subject site outlined in red)
ATTACHMENT 2
Case No. WZ-19-10 / CCC Height Amendment 2
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically
is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book
(DPB) which were approved by the City in 2018 (Case No. WZ-16-07). This request seeks to modify the maximum height standards only a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within
a planned development is processed the same as the original approval, meaning this request requires
review at public hearings. Planning Commission will make a recommendation to City Council who is the final authority for approval. II. SURROUNDING LAND USES AND ZONING
The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. To the north is Clear Creek Trail. To the northwest are Coors water storage facilities; those within Wheat Ridge are zoned Planned
Commercial Development (PCD). The Applewood Village Golf Course and a large-lot single-family
home neighborhood are located to the west and southwest in unincorporated Jefferson County (Exhibit
1, Aerial). Within Wheat Ridge, directly south of the subject property, land uses are generally highway oriented
and include a gas station, hotel, and restaurants, all zoned PCD. Interstate-70 abuts the property to the
east and across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses (Exhibit 2, Zoning Map). III. PROPERTY HISTORY & PROPOSED ZONING
Property History & Development Status Rezoning to a planned development in the City of Wheat Ridge involves a two-step process, and for the subject property, the 2018 approval of the ODP and DPB comprised the first step. These two regulatory documents establish the allowed uses and development standards for the property and
establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a
design pattern book is common for developments of this size, for which formatting flexibility including photos and graphics are necessary to explain substantive development standards. The second step for development in a PMUD requires approval of Specific Development Plans (SDPs)
for each building, lot, or phase. SDPs focus on specific details of a development such as architecture,
site design, and landscaping. The Planning Commission is the final authority for approval of SDPs. In September 2019, the Commission approved the SDP for the multifamily component of the property at the north end of the site. Several other SDPs are at various stages of staff review and are expected to advance to public hearings in 2020.
Case No. WZ-19-10 / CCC Height Amendment 3
In terms of infrastructure, Denver Water completed their construction of a new 80-inch water line in 2019, and hook ramp construction is well underway. The developer is also actively constructing Clear Creek Drive and W. 40th Avenue—the two primary public streets within the development.
Planning Areas The approved zoning documents organize the subject site into eight “Planning Areas” (PAs) each with different permitted uses and development standards (Exhibit 3, Planning Areas). As the master developer, Evergreen Devco, has worked to develop the site and identify tenants for each planning
area. The purpose and use of each planning area is described below:
• PA 1: In zoning documents, this planning area is envisioned as a major employer. SCL Health (SCLH) purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height in PA 1. The request is further described below.
• PA 2: The SDP for multifamily development was approved in 2019 and vertical construction is expected to start this spring.
• PA 3: This planning area is envisioned as a walkable commercial area, and will include a mix of restaurant and retail uses across several buildings. Development of PA 3 will be phased and
will include several SDPs, one of which is currently under review.
• PA 4: This planning area is located on either side of the hook ramps and envisioned to have more highway- or auto-oriented uses. An SDP for a three-story bank/office building is currently under review for the north portion of PA 4. The south potion of PA 4 will accommodate two
tenants. One of which, a gas station, has an SDP currently under review.
• PA 5, 6, and 7: These planning areas are envisioned to have larger format land uses, such as larger retail users, entertainment uses, and hotels. There are no active SDP applications for these planning areas though they are expected in 2019.
• PA 8: This planning area abuts Clear Creek and is not developable. It includes regional drainage facilities and will remain as open space. Planning Area 1 – Height Amendment This application is a request to increase the maximum allowable height to allow development of a
medical campus on Planning Area 1. The applicant is seeking to construct a hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary
employment uses.” While hospitals are a permitted use in the ODP in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below. There are no other changes to the zoning or to the ODP or DPB documents. Exhibit 4 is a redline version of page 25 of the
Design Pattern Book; if the height amendment is approved, that page represents the only change to the zoning.
Case No. WZ-19-10 / CCC Height Amendment 4
Maximum Building Height in PA 1
(Black text shows existing standards; red text denotes the proposed amendment by addition of two categories.)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
The proposed amendment is written as narrowly as possible so as not to increase the maximum height or other land uses or functions. The 102-foot height limit would accommodate a six-story hospital. The
additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet. The applicant’s letter of request provides additional reasoning and also provides an illustration of the proposed rooftop equipment which is commonly associated with rooftop helipad functions (Exhibit 6, Applicant Submittals). IV. REVIEW CRITERIA As noted above, this amendment is processed in the same manner as the original approval, and as such is subject to the planned development review criteria outlined in Section 26-303.D. Planning Commission and City Council shall base their decision in consideration of the extent to which the
following criteria are met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The change in maximum height is not expected to have a significant adverse effect on the surrounding area. The applicant has demonstrated that a rooftop helipad reduces impacts and improves safety as compared with a ground based facility (Exhibit 6, Applicant Submittals). They have also demonstrated that the increase in height for the main building will be nearly imperceptible. The additional height afforded to the elevator and vestibule will be located in the
middle of the roof to minimize visibility. Planning Area 1 is closest to the interstate and the height is not expected to have a negative effect on surrounding planning areas or existing neighborhoods southwest of the project. When originally approved, the PMUD zoning was found to add value to the property and
surrounding community by enabling a more robust, economically sustainable, and vibrant regional center. This change in height does not affect that finding. Staff concludes that this criterion has been met.
Case No. WZ-19-10 / CCC Height Amendment 5
2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. Hospital development in Wheat Ridge is allowed only within a planned development or mixed use
zone district. The proposed height cannot be achieved through a variance and may only be
achieved through an amendment to the development standards within the existing PMUD. Staff concludes that this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
The applicant and master developer are responsible for installing and upgrading infrastructure to serve the development. They have been working with the appropriate service providers, including water, sanitation, and fire districts as well as dry utility companies. The change in height will not
affect the ability for these providers to serve the property. Staff concludes that this criterion has been met. 4. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies or plans for the area.
The PMUD zoning is consistent with the City’s adopted plans, which have long called for a mixed used regional development on the site. The Comprehensive Plan designates this area as “mixed-use commercial” with a “regional commercial center” and employment uses.
A hospital campus meets the goals of the comprehensive plan by serving as a regional
destination and primary employment use. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error. There is no evidence of an error with the current Planned Mixed Use Development (PMUD) zoning designation as it appears on the City zoning maps.
Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
The character of the area is changing as the mixed use vision of Clear Creek Crossing is being delivered. The current zoning allows for a wide range of uses in Planning Area 1. At the time
Case No. WZ-19-10 / CCC Height Amendment 6
that the PMUD zoning was approved, SCL Health was a new partner to the project and was under contract to purchase PA 1. Based on subsequent planning work, SLCH has refined their needs for PA 1 and refined their
vision for the services they are seeking to provide to the community. It is appropriate to
recognize this evolution and establish a height standard that recognizes the unique needs of a hospital use. Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The zoning still achieves the mixed use vision outlined by Envision Wheat Ridge. Neither the
comprehensive plan nor the PMUD zoning, however, were detailed enough to recognize the unique needs of a hospital use. It is appropriate to recognize the use with a specific height standard.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, an applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 23, 2019. Three (3) members of the public
attended the meeting in addition to the applicant and staff. General questions were asked about the
functionality and height of the hospital and helipad. The applicant addressed concerns regarding potential impacts and noise. A complete summary of the meeting is included in Exhibit 7, Neighborhood Meeting Notes. VI. AGENCY REFERRALS
A referral was sent to service agencies who may be affected by the change in building height. There were no concerns expressed by the City of Wheat Ridge Engineering Division, City of Wheat Ridge Building Division, West Metro Fire Protection District, or Clear Creek Crossing Architectural Control
Committee.
Another referral will be made when a Specific Development Plan are submitted in the future. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed amendment to the zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that the change in height does not affect the demand on public infrastructure. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the
Case No. WZ-19-10 / CCC Height Amendment 7
Comprehensive Plan and the existing zoning. It is appropriate to amend the zoning to recognize the unique needs of a hospital use. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and
purpose of underlying zoning.
4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.” Option B: “I move to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying
zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following
reasons: 1.
2. …”
Case No. WZ-19-10 / CCC Height Amendment 8
EXHIBIT 1: AERIAL
Case No. WZ-19-10 / CCC Height Amendment 9
EXHIBIT 2: ZONING MAP
Case No. WZ-19-10 / CCC Height Amendment 10
EXHIBIT 3: PLANNING AREAS
Case No. WZ-19-10 / CCC Height Amendment 11
EXHIBIT 4: DPB REDLINE
Case No. WZ-19-10 / CCC Height Amendment 12
Attached are submittals from the applicant, including:
• Cover letter
• Section view of proposed Clear Creek Crossing site
• Section and aerial view from a different hospital project illustrating prototypical rooftop
equipment
• Photosimulations showing the proposed height
EXHIBIT 5: APPLICANT SUBMITTALS
SCLHealthClearCreekCrossingCampusͲWheatRidge,Colorado
ODPAmendmentCoverLetter
January22,2020
PROJECTSUMMARY
Ownership/ApplicantInformation
Landowner/Applicant:
SistersofCharityofLeavenworthHealthSystemInc.
500EldoradoBoulevard,Suite4300
Broomfield,CO80021
Contact:BruceFong,(303)813Ͳ5130
ApplicantRepresentative
DavisPartnershipArchitects
2901BlakeStreet,Suite100
Denver,CO80205
Contact:LynnMoore,(303)308Ͳ2532orCharleyMeyer,(303)308Ͳ2623
PurposeofRequest
ThepurposeofthisrequestistoamendtheexistingClearCreekCrossingOutline
DevelopmentPlan(ODP)toallowforincreasedheighttosupporttheneedsofa
proposedhospitalfacilityonthe“PAͲ1,MillDistrict”SitewithintheoverallClear
CreekCrossingdevelopment.
Currently,theapprovedODPallowsforamaximumbuildingheightof90’onthe
property.Ourproposedefficientandeffectivehospitalfacilityemphasizesstacked
floorplateswithinternalverticalcirculation(overhorizontal).Thisminimizespatient
andstafftraveldistancesandresultsinmoreexpedientpatientcare.Additionally,the
sitewherethehospitaldevelopmentisproposedtooccuriscompactinsizeanddoes
notsupportagroundlevelhelipadsoweareproposingaroofͲtophelicopterlanding
areathatisservedbyanelevationandvestibuledirectlyconnectingittocritical
hospitalservices.
Toaccommodatetheabovefacility,weareproposingaheightof102’to
dimensionallyaccommodatealloccupiedfloorsofthehospitalandthebuilding
parapet.Thepatiententryvestibuleandelevatoroverrun/equipmentroomto
supportaccesstothehelipadwillexceedthe102’buildingheightsoweareseeking
additionalheightforthissmallareaofthebuilding.Werequestamaximumheight
of135’foronlytheareawherethehelipad,elevatorandvestibulearelocatedonthe
hospitalbuildingandhaveidentifiedthatthemaximumsize/areaofthisincreased
heightislimitedtoatotalareaof2,500squarefeet.Inotherwords,the135’height
willbelimitedbythisamendmenttoaverysmallportionoftheproperty.
PleasereferencetheSectionDiagraminthisapplicationforspecificinformationon
thelocationandareafortherequestedheights.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
2
HeightJustification:Foruseasadirectreference,includedwiththissubmittalisa
pagefromtheconstructiondocumentsfortherecentlycompletedSt.JosephHospital
inDenvershowingtheheightoftheelevatoroverrun&machine/equipmentroom
aboveit.Theprojectwasconstructedin2013andisagoodexampleofwhatis
proposedforClearCreekCrossing.Thedifferenceinheightbetweenthetopofthe
parapetandthetopofthewalloftheelevatormachineroomatSt.Josephhospital
is31’.TheproposedHospitalinClearCreekCrossinghassimilarneedsandweare
requestingaheightof33’abovetheparapet.St.Josephhospitalwasdesigned8years
ago,andelevatorsystemtechnologieschangeovertimesotheadditional2’ofheight
providesuswithneededdesignflexibilitytoaccommodatecurrenttechnologiesand
codeclearancerequirements.
Safety:Placingthehelipadontheroofofthehospitalisthesafestandmostefficient
solutionformosthospitalsforseveralreasons,andmostcertainlyforthistightsite.
Helipadroofplacementsupportsthemostexpedienttransferofpatientsfromthe
helicoptertotheemergencyfacilitieswithinthehospital,whichisalwaysthehighest
priority.Arooftophelipadisalsothesafestmethodforahelicoptertoaccessthe
hospitalbecausetherearefewerverticalobstructionstonavigatewithonarooftop.
Thisresultsinsafer/quickertakeͲoffsandlandingsandallowsforthehelicopterto
takeͲoffintothewind,theoptimaldirectionforhelicopters.Pedestriansafetyisalso
increasedwithrooftopversusgroundlevelhelipadsbecausetheyreducethe
likelihoodofdangerousswirlingwindandairbornedebristhattypicallyoccursfrom
therotorsatgroundlevel.
Noise:Impactstoneighboringdevelopmentfromnoisegeneratedbyhelicoptersis
bettermitigatedbyhelipadsonarooftopthanthoseatgroundlevel.Aquicker
takeoff/landingallowsfornoisefromthehelicoptertobeintheareaforalesser
durationandwiththeelevatedheight,thenoisevolumeisreducedasthedistance
adjacentpropertiesisincreased.Noisefromthehelicopterdoesnothavethe
opportunitytoreverberateoffverticalsurfacesofthehospitalandbouncetoward
adjacentpropertiesreducingthechancethatthesoundisamplifiedhorizontally
towardanadjacentproperty.
Forthereasonsdescribedabove,webelievethatthisrequestedheightforavery
smallportionofthebuildingisessentialtotheefficientplanninganddesignofastateͲ
ofͲtheͲarthospitalfacilityfocusedonsavinglives.
PleaseseetheattacheddrawingformtheSt.JosephHospitalconstructiondocuments
describingthefunctionalheightneededabovetheparapettosupportarooftop
helipad.
GeneralProjectConcept
Theoverallvisionforthe26.93ͲacresitealongIͲ70intheClearCreekCrossing
DevelopmentistocreateamedicalcampustoserveWheatRidgeresidentsandthe
westmetrocommunity.Thisfacilitywillreplacetheexisting,agingLutheranMedical
Center.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
3
Theinitialfacilitieswilllikelyincludea200Ͳbedhospitalplusshelledspacefor50
additionalbedswithservicessimilartoLutheranMedicalCenterandaseparate,freeͲ
standingmedicalofficebuildingontheproperty.Thehospitalfacilitywillgenerally
includealarger2Ͳstorybuildingofsharedserviceswitha4Ͳstorypatienttowerabove
itforatotalof6stories.Thisbuildingmodel,typicaltootherfacilitiesintheDenver
Metroareaandthemedicalindustry,iseffectiveandefficientinsupportingthe
deliveryofhighͲqualitymedicalservicestocommunitieslikeWheatRidge.For
comparison,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
ParkingwillbeprovidedinbothsurfacelotsandinamultiͲstorystructure.Ahelipad
forhelicoptersarriving/takingoffviathedefinedFAAtravelcorridors(typically
highways)willbeprovidedontopofthepatienttower.
OutͲpatientfocusedmedicalofficefacilitieswillbedevelopedinphasesthroughout
thepropertytoprovideconvenientcommunitymedicalservices.Typically,theseare
constructedthroughagroundleasearrangementbythirdpartyprivatedevelopers
independenttothemainhospital.Initialstudiesshowlandcapacitytosupport
approximately100,000–200,000sfofoutͲpatientfacilities.
Asapointofreference,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
Becauseofitsage,thefloorͲtofloorheightsarelowerthanwhatisexpectedfor
modernhospitalfacilities.Overthedecades,greatermechanicalandtechnology
needs,alongwithchangesincoderequirements,haverequiredmorespacebetween
floorstoprovidelifeͲsavinginfrastructureforpatientcare.Theapproximateincrease
ofamodernhospitalfloorͲtoͲfloorheightisapproximately1Ͳ1/2feet.
November 15, 2019
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Elevator section from hospital construction documents
November 15, 2019Clear Creek Crossing ODP Amendment
Looking North on EB I-70 at 32nd Ave Overpass
102’ Hospital
135’ Elevator Overrun
East Bound I-70
November 15, 2019Clear Creek Crossing ODP Amendment
Looking Southwest on WB I-70 at the 44th Ave Overpass
102’ Hospital
135’ Elevator Overrun
West Bound I-70
Hwy 58 Flyover
November 15, 2019Clear Creek Crossing ODP Amendment
Looking West from Clear Creek Trail over West Lake
102’ Hospital
135’ Elevator Overrun
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Case No. WZ-19-10 / CCC Height Amendment 13
NEIGHBORHOOD MEETING NOTES
Meeting Date: October 23, 2019
Attending Staff: Stephanie Stevens, Senior Planner
Location of Meeting: City of Wheat Ridge City Hall – Council Chambers
Property Address: Clear Creek Crossing, northwest corner of 40th Avenue and
I-70
Property Owner(s): SCL Health
Property Owner(s) Present? Yes
Applicant: Bruce Fong, SCL Health
Anne Lutz, SCL Health
Steven Chyvng, SCL Health
Lynn Moore, Davis Partnership Architects
Charley Meyer, Davis Partnership Architects
Applicant Present? Yes
Existing Zoning: Planned Mixed Use Development (PMUD)
Existing Comp. Plan: Regional Commercial Center, Mixed-Use Commercial
Existing Site Conditions: The site is considered a part of the Clear Creek Crossing Planned Mixed Use Development (PMUD). It
is located to the west of I-70 and east of the future Clear Creek Drive. The site is currently vacant, but was platted in 2018 and construction is underway on infrastructure within the overall development. At this point, the only development that has an approved Specific Development Plan (SDP) at the site is a multifamily development north of the future W. 40th Avenue and east of the future Clear Creek Drive.
Applicant/Owner Preliminary Proposal: The applicant would like to create a medical campus to serve the Wheat Ridge and west Denver metro community on a 26.88-acre site along the west side of I-70 in the Clear Creek Crossing Development. The medical campus would be in Planning Area 1 (PA 1) of the PMUD. They envision the campus to
initially consist of a hospital and a medical office building, with parking provided by surface lots and a multi-story parking structure. The hospital facility is proposed to be a total of 6 stories, typical to other hospital facilities in the Denver metro area and the medical industry. A helipad for helicopters
EXHIBIT 6: NEIGHBORHOOD MEETING NOTES
Case No. WZ-19-10 / CCC Height Amendment 14
arriving/taking off via defined Federal Aviation Administration (FAA) travel corridors (typically highways) is proposed on top of the main hospital building. The purpose of this request is to amend the existing Clear Creek Crossing PMUD Outline
Development Plan (ODP) to increase the maximum building height of 90 feet to support the needs of
the hospital facility. The proposed 102-foot building height shown in the site plans would accommodate all occupied floors of the hospital and the building parapet. Rooftop mechanical equipment, the patient entry vestibule, elevator overrun/equipment room to support access to the helipad, and rooftop antennae/FAA regulated safety apparatus will exceed the 102-foot building
height. Therefore, the applicant is proposing to increase the maximum building height allowed to 135
feet to accommodate all the aforementioned features.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting, per the sign-in sheet.
• Staff discussed the site and its zoning.
• The applicant and members of the public were informed of the process for an ODP Amendment.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearings.
• Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the ODP Amendment and proposed development:
• Does the helipad have to be that high?
The sight area is tight and grounded helipads create increased risk for danger to the patients
because they must then be transported from the helicopter into the building via an ambulance and/or stretcher. It is most efficient for the helipad to be located on the rooftop.
• Doesn’t the rooftop helipad have higher impacts on the neighbors?
Noise will largely be mitigated by the highway and being on the roof, as opposed to being on the
ground which would be much louder.
• How many flights are there per day?
There are approximately 5 life flights per month at our current location, many which serve to
transport patients to Children’s Hospital.
• How often will we hear sirens from ambulances?
Audible ambulances are only used when absolutely necessary.
• If the height is not allowed to increase, would a helipad still be possible?
Yes, but the design would not be as efficient and would likely have greater impacts because of the tight sight area.
• How much of the building is proposed to be 135’ high?
The elevator space is all that needs to be 135’ high, and that takes up about 2500 square feet.
• Why does the building need to be 102’ high?
Case No. WZ-19-10 / CCC Height Amendment 15
The building has been designed with greater floor heights for purposes of function, not more floors
than what we have at our current location. It is not our intent to build bigger, but to simply relocate what we have now.
• When do you expect the hospital to open?
The hospital will likely open around March of 2024.
• What is going to happen to the old hospital?
The hospice center will most likely stay. We hope to be able to repurpose the North tower, which was built recently. Many of the office buildings on site are under separate ownership, and might
stay depending on what that owner wants to do. In short, some portions will remain, but the
hospital itself will close and relocate. Portions of the property will be sold.
• Concerns were expressed related to noise and disruption to the neighborhood, especially because of ambulances and helicopters.
SCL intends to work with the neighbors to minimize disruption.
• This development is and will continue to increase traffic in our neighborhood.
Once the barriers are down and roadways for the development are constructed, traffic will be largely mitigated.
• Our neighborhood feels unprotected.
Fencing, sound barriers, and walls are being addressed with the overall Clear Creek Crossing development.
• Will you still see Coors brewery/views?
Yes.
• Why do you have to go vertical?
The shape and geography of the lot create challenges. A ground helipad would not be nearly as efficient or safe for the patient.
• Won’t this decrease our property values?
The zoning already allows for a hospital, and nothing is proposed to change in terms of use.
• Is there anything that can be done to mitigate sound?
SCL will be as transparent as possible, and minimize the use of audible sirens as much as possible.
We have a history of working with our neighbors at our current location, and intend to continue
that positive and open relationship here. We rarely have concerns about noise from the residences surrounding our current location.
• Consider sound barriers, enforced windows, and dust control for the neighbors as a negotiating
factor in allowing this to happen.
Prior to the neighborhood meeting, staff received 1 phone call from others in the area regarding the proposal. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary.
Planning Commission Minutes – 1 –February 20, 2020
PLANNING COMMISSION Minutes of Meeting
February 20, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 p.m. in the City CouncilChambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol
Will Kerns
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Jahi Simbai
Vivian Vos
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner PETERSON and seconded by Commissioner VOSto approve the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – February 6, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSONto approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with
Commissioners ANTOL and LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes – 4 – February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be
happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and subterranean parking below the commercial building. She added the site plan is
administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met.
2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes – 5 – February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment and the
application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner SIMBAI asked if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code.
Commissioner OHM asked what the underlying zoning is for this property and asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes. Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters.
Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of earlier.
Planning Commission Minutes – 6 – February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the
services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient.
Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5-feet per story and it is likely the hospital will exceed the minimum
setback. Commissioner VOS then asked if the helipad could be placed on the parking garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing.
Planning Commission Minutes – 7 – February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per
story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of
the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or
without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident
13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment.
Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not addressed in the zoning code, it is considered a nuisance issue elsewhere in the
code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property.
Planning Commission Minutes – 8 – February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there
was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters
to which they are designing. Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS
to recommend DENIAL of Case No. WZ-19-10, a request for amendment to
the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 3. Vibration, including low, mid, and high resonant frequencies due to the
adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds, and particle-bound polycyclic aromatic hydrocarbons (PPAH).
Leading to respiratory infections, heart disease, COPD, stroke, asthma,
reduced pediatric lung function, and lung cancer. These listed reason
Planning Commission Minutes – 9 – February 20, 2020
are unbefitting of a height increase for a hospital and associated health campus.
5. It is not appropriate to amend zoning standards to recognize the
unique needs of a hospital use at this site. There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM,
PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the
Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.
There was no discussion.
Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes.
Ms. Mikulak gave a short presentation regarding the ordinance and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment.
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ‐19‐10
Dear Ms. Mikulak,
We are reaching out to you regarding the above‐referenced zoning case, an application filed by Davis
Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing. As you know, Evergreen Devco’s
Multifamily group began construction in November 2019 on a 310‐unit luxury apartment community on Lot 2
Block 1 at Clear Creek Crossing. While our group did not have a representative at the Planning Commission
Hearing on February 20, 2020, we reviewed the minutes from this meeting and discussed with the Applicant’s
representative Lynn Moore, with Davis Partnership Architects.
From our early engagement in the Clear Creek Crossing ODP in 2017, we welcomed an opportunity to develop
an apartment community at CCC precisely because it was located within a mixed‐use planned community
located along I‐70 with plans for new and improved access to the freeway. The 12‐acre site that we purchased
in October is located immediately adjacent to the SCL site and south of Clear Creek and Highway 58, which
connects to Golden. As we are part of Evergreen Development, we were aware in early 2018 that there were
several hospital groups interested in purchasing Lot 1 Block 1, also identified as the “Mill District” in the CCC
ODP and associated Design Pattern Book. Given the location of the “Mill District” visible from Highway 58 and
adjacent to WB I‐70, the desirability of this location for hospital use seemed obvious given the parcel size as well
as its excellent accessibility both locally and regionally.
We have always been very supportive of a hospital use at this location. A hospital and associated facilities are
an important asset in a community; to have a new SCL Health campus within walking distance will not only
provide nearby medical facilities but will offer significant employment at Clear Creek Crossing. Nearby
employment will be very good for our community, strengthening average occupancy.
As SCL Health moved forward with its planning effort of both services as well as site design, they have
communicated with us often. We support their request for additional building height to support modern design
requirements as well as an optimally located helipad for both safety and access. From our perspective, any
noise issues associated with helicopters or emergency vehicles come along with being located near a hospital.
Clear Creek Crossing is an urban setting and noises come along with a location near a major interstate highway,
whether the hum of traffic, ambulance sirens or the occasional helicopter transporting a patient in need of
critical emergency services. We understand that a rooftop helipad optimizes access for a quick take‐off/landing
and most likely minimizes the time the helicopter is present in the area. A rooftop helipad seems to make for a
safer environment with less impact on the surrounding development and community, as a ground‐level landing
ATTACHMENT 4
March 30, 2020 Evergreen Devco Page 2
pad creates noise reverberation as well as the danger of flying debris. Further, a larger, multi‐floor building at
the proposed height will likely buffer some of the current highway noise from neighbors to the west, creating a
more urban environment that is desirable at this interstate location.
We hope that this letter communicates our overall support of SCL Health’s future hospital at Clear Creek
Crossing. A hospital campus will bring important medical services to the overall community as well as important
employment that will directly benefit our planned apartment community.
Sincerely,
Jeff Wikstrom
Principal and Regional President
cc: Tyler Carlson, Managing Principal ‐ Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ-19-10
Dear Ms. Mikulak,
On behalf of Evergreen-Clear Creek Crossing, L.L.C., the owner and developer of the Clear Creek Crossing project
I am writing in support of the above-referenced zoning case, an application filed by Davis Partnership Architects
on behalf of SCL Health, for approval of an amendment to the underlying zoning to increase the allowable height
for hospital uses in Clear Creek Crossing. SCL Health purchased Clear Creek’s 26-acre employment site and is a
very important partner in the success of this public-private partnership with the City of Wheat Ridge, which
includes significant regional public infrastructure as part of the City’s “Investing 4 the Future” program. While
we did not have a representative at the Planning Commission hearing on February 20, 2020, we reviewed the
minutes from this meeting and discussed with the Applicant’s representative Lynn Moore, with Davis
Partnership Architects, the details of their applications and support their request.
We support SCL’s application for an ODP amendment for additional building height to support its programming
requirements as well as an optimally located rooftop helipad for both safety and access. It is our understanding
that a rooftop helipad optimizes access for a quick take-off/landing and minimizes the time the helicopter is in
flight. A rooftop helipad offers a safer environment with less impact on Clear Creek Crossing and the Applewood
neighborhood, as a ground-level helipad can create noise reverberation as well as the danger of flying debris.
We support Planning & Zoning’s recommendation for this application’s approval by Wheat Ridge City Council on
April 13, 2020. An approval of this ODP amendment is an important step in SCL Health’s site planning effort and
future construction of a modern medical campus in the coming years in Clear Creek.
Sincerely,
Tyler Carlson
Managing Principal
cc: Jeff Wikstrom, Principal and Regional President - Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Item 2 - Zoning Amendment at Clear Creek Crossing
I am completely dismayed that the hospital construction is planned for directly across from 38th at
Youngfield. My biggest worry is that tall buildings would be built directly blocking the entire community's
view of Table Mountain. That view is our city's heritage and part of our identity. And now they are asking
to INCREASE the height ?
And frankly it is so sneaky that the sign posting of the meeting was posted INSIDE the development
where no citizen ever drives and could have seen it. Please city council, don't just think about the
revenue here. I was raised here and I value very much my view of Table Mountain and those hills. Don't
take it away from us!
04/11/2020 6:50 pm
Karen Johnson
11175 W 40th Ave
Wheat Ridge, 80033
I am STRONGLY OPPOSED to increasing the height of the hospital and adding a helipad. This would be
terrible for our neighborhood. Seems very sneaky of the developer to do this and to ask for the
amendment while we are all stuck at home. In addition, the sign posting of the meeting was posted
INSIDE the development where no citizen ever drives and could have seen it. Seriously?? How was the
public supposed to know about this? I urge Wheat Ridge City Council to either refuse this request or
WAIT until the public is given adequate time to respond.
04/12/2020 12:51 pm
Jessica Tsuo
14600 Crabapple Rd
Golden, 80401
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Citizens' Right to Speak - April 13, 2020
Regarding the zoning request change for Clear Creek Crossing(W2-19-10,) to increase the height of
structures; this will be vehemently opposed by the residents in the area. This is not appropriate. We will
involve our political officials if necessary, to prevent this. It does not fit this environment!
04/11/2020 7:21 pm
l du Mont
13990 crabapple
golden, 80401
Wheat Ridge Speaks
Published Comments for April 27, 2020 City Council Meeting
Item 1 - Zoning Amendment at Clear Creek Crossing
Wheat Ridge City Council has asked Citizens to DO THE RIGHT THING; Close their businesses, stay at
home. You have mandated to wear face masks and practice Social distancing. City Council should DO
THE RIGHT THING and postpone any votes on Zoning issues until Citizens can attend Public Hearings
in person at City Hall.
Lutheran Hospital has 90 acres on 38th ave and Carr to expand their facilities without impacting the
ambience of Wheat Ridge.
. A six story building with a 30 foot Helicopter pad on top at Clear Creek Crossing would impede the view
of our mountain vista that we all treasure!
04/27/2020 8:53 am
Carol Mathews
3851 Hopt Street
Wheat Ridge, 80033
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2020 - A RESOLUTION OF THE
WHEAT RIDGE CITY COUNCIL DECLARING THAT THE
CITY OF WHEAT RIDGE IS ESSENTIAL AND URGING CONGRESS TO ALLOCATE FAIR, FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
City Manager
ISSUE: On May 5, 2020, the National League of Cities launched the “Cities Are Essential” campaign to
secure economic relief for the communities on the frontline of America’s response to the novel
coronavirus (COVID-19). The campaign calls for $500 billion in direct federal aid and economic relief from the COVID-19 pandemic over the next two years to support communities who support America’s people. This Resolution urges Congress to allocate fair and direct federal support to all of America’s communities, regardless of population size.
PRIOR ACTION:
None
FINANCIAL IMPACT: None
3
Council Action Form – Cities Are Essential
June 8, 2020
Page 2 BACKGROUND: As the coronavirus pandemic continues to take a toll on the nation’s health and economy, city
governments are in desperate need of federal assistance to address budget shortfalls and mounting costs related to COVID-19. Without that assistance, cities in Colorado and across the country will have little choice but to reduce core city services due to plummeting revenue. City governments employ essential workers who are responsible for the health and safety of our
communities. City service reductions can mean slower response times when emergencies occur
and add further burden to the workloads of remaining public safety staff at a time when residents have perhaps the greatest need. The federal government has administered multiple stimulus packages providing short-term relief
to businesses that have temporarily shuttered and to individuals who have lost jobs.
Unfortunately, the vast majority of our nation’s cities and towns have been left out. Like many businesses, cities in our state employ thousands of workers who serve essential roles in our way of life. Funds that can be used to address current and future city revenue shortfalls, and to help cover the cost of those essential workers, have yet to be allocated in a direct federal response
package.
About 80% of our nation’s population resides in cities and suburban areas. Yet only municipalities and counties with populations exceeding 500,000 (a total of 36 U.S. cities) were eligible for aid under the federal government’s Coronavirus Aid, Relief, and Economic Security
(CARES) Act signed into law in March. Jefferson County’s population exceeds 500,000 and the
County received approximately $101 million in funding, $2.5 million of which the County shared with the City of Wheat Ridge. However, those funds can only be used to reimburse a limited about of expenditures related to COVID-19 and cannot be used to replace lost revenue.
RECOMMENDATIONS:
Staff recommends approval of the Resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 33-2020, a resolution of the Wheat Ridge City Council
declaring that the City of Wheat Ridge is essential and urging Congress to allocate fair, federal
emergency support to reopen and rebuild local American economies.” Or,
“I move to indefinitely postpone Resolution No. 33-2020, a resolution of the Wheat
Ridge City Council declaring the City of Wheat Ridge is essential and urging Congress to allocate fair, federal emergency support to reopen and rebuild local American economies, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
Council Action Form – Cities Are Essential
June 8, 2020
Page 3 ATTACHMENTS: 1. Resolution No. 33-2020
2. Myths and Truths of Providing Federal Funding to Cities 3. Cities Are Essential Survey Data 4. Projected Revenue Loss from COVID-19
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33
Series of 2020 TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL DECLARING THAT THE CITY OF WHEAT RIDGE IS ESSENTIAL AND URGING CONGRESS TO ALLOCATE
FAIR, FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES
WHEREAS, America’s cities, towns and villages face unprecedented threats due to the ongoing COVID-19 pandemic emergency; and
WHEREAS, municipalities are essential to America’s economic recovery and
without funding support for local governments, municipalities may go from being a
critical part of the economic solution, to becoming a major obstacle to long-term stabilization and recovery; and
WHEREAS, America’s cities, towns and villages will experience budgetary shortfalls of up to $134 billion in fiscal year 2020 alone, and the negative effects of the
pandemic emergency on local communities will continue long after this year; and
WHEREAS, three million critical municipal worker jobs are at risk, threatening cuts to basic community services, including 9-1-1 response, sanitation, and maintenance; and
WHEREAS, communities have taken extraordinary measures to protect health,
safety, and the continuation of essential services throughout the emergency; and
WHEREAS, the City of Wheat Ridge has reduced the 2020 budget by over $5 million in expenditures and is expected to lose up to $12 million in General Fund revenue in 2020; and
WHEREAS, America’s rural communities and small towns are struggling just as
much as big cities and risk being left behind or wiped out entirely.
NOW, THEREFORE, BE IT RESOLVED that the Wheat Ridge City Council calls on Congress to allocate fair and direct federal support to all of America’s communities, regardless of population size; and
BE IT FURTHER RESOLVED that this funding must be flexible and address not
only the additional expenses incurred by communities to respond to the pandemic
emergency, but also the dramatic budgetary shortfalls resulting from pauses in commerce, tourism, other economic engines; and
BE IT FURTHER RESOLVED that local governments will ensure federal funds
are immediately used to rebuild and reopen the national economy; and
ATTACHMENT 1
BE IT FURTHER RESOLVED that funding will keep middle class workers employed and critical services operating; and
BE IT FURTHER RESOLVED that the City of Wheat Ridge has been part of the
emergency response and now calls on Congress to build a united national partnership for a safe, healthy, prosperous life.
DONE AND RESOLVED this 8th day of June, 2020.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Myths & Truths About Providing
Federal Assistance to State and Local
Governments
AMERICA’S CITIES, TOWNS AND VILLAGES ARE FACING STRAPPED BUDGETS AS THEY USED
VITAL RESOURCES TO RESPOND TO COVID-19. THERE HAS BEEN NO DIRECT FEDERAL AID
TO THE MAJORITY OF MUNICIPALITIES IN THE NATIONAL RESPONSE EFFORT. IN FACT, SOME
FEDERAL PLANS HIGHLIGHT CITY BANKRUPTCY AS AN OPTION AND MISMANAGED LOCAL
BUDGETS AS A JUSTIFICATION.
Cities are the engine of the American economy, and if we want to recover and reopen as a nation, we
need to get the engine running.
The Cities Are Essential campaign is calling
for direct federal aid for local governments.
This campaign challenges common myths about local financial mismanagement and emphasizes the
importance of direct federal support.
MYTH
Bankruptcy saved some cities.
TRUTH
Bankruptcy would likely cripple
municipalities for years.
FACTS
No city has declared bankruptcy since
2013, and it is a last resort option with
severe consequences, including a credit
ratings downgrade to junk status,
cancelation of critical infrastructure
projects, mass layoffs of public sector
workers, and a damaged image for the
local government and negative impacts
on the local economy.
MYTH
American taxpayers should not pay to
help cities and local governments.
TRUTH
The vast majority of Americans
support helping localities.
FACTS
According to a survey of over 2,000
American adults conducted by NLC
and Morning Consult, 86 percent
of Americans support the federal
government providing relief directly
to cities, towns, and villages to
address COVID-19 challenges, with
only 5% opposing. This support is
bipartisan – 90% of Republicans and
90% of Democrats support the federal
government providing direct relief to
municipalities.
ATTACHMENT 2
Myths & Truths About Providing Federal Assistance to State and Local Governments
2 NATIONAL LEAGUE OF CITIES
MYTH
States and local governments are
calling for billions in unrestricted
aid — not just money for Coronavirus
recovery, but for pre-existing state
programs and debts. They are
advocating to use future Coronavirus
response measure as a piggybank
for unrelated expenses that have
nothing to do with responding to
the Coronavirus. States and local
governments should not get a blank
check from American taxpayers to
fund areas of their budget that have
nothing to do with the Coronavirus.
TRUTH
No state and local government
expects unrestricted aid from the
federal government or is asking
the federal government for a
blank check.
FACTS
State and local governments are asking
for flexibility to use federally allocated
money for revenue shortfalls as a result
of COVID-19, to prevent the layoff and
furloughs of law enforcement officers,
fire fighters, 911 dispatchers, teachers,
and other government workers.
MYTH
All local governments have the option
to declare bankruptcy and should
use it instead of asking the federal
government for more assistance.
TRUTH
Most states prohibit local declarations
of bankruptcy.
FACTS
Only 12 states authorize Chapter IX
bankruptcy filings, while 12 states
conditionally authorize such filings,
and 26 states have either no Chapter
IX authorization or such filings are
prohibited.
MYTH
There is no good reason why
the options of bankruptcy is not
available to states.
TRUTH
Bankruptcy is not a legal option for
sovereign state entities.
FACTS
States have taxing authority and have
constitutional or statutory requirements
to balance their budgets.
MYTH
Additional money sent to the states for
“lost revenue” will be used to bail out
unfunded pensions, reward decades of
state mismanagement, and incentivize
states to become more reliant on
federal taxpayers.
TRUTH
Localities need support to maintain
essential services, not to pay pension
liabilities.
FACTS
The majority of pension plans are
well funded and financially stable (in
recent years, over 72 percent). Most
local pension plans belong to the state
retirement system and are required
to make pension contributions to that
system.
Cities are Essential
3NATIONAL LEAGUE OF CITIES
MYTH
Cities led by Democrats are poorly run
and proposals to send funds to bail
out these states and cities are ‘blue
state bailouts.’ Cities that are led by
Republicans are not looking for bailouts.
MYTH
Cities can just raise taxes or other
revenue streams to fund their
budget shortfalls instead of seeking
federal assistance.
TRUTH
The financial and fiscal impacts
of the Coronavirus are hitting
cities across the country equally,
regardless of the political affiliation
of the elected officials in that city.
TRUTH
Cities do not have complete
authority over their revenue raising
abilities, either legally or politically.
FACTS
The vast majority of elected officials
in cities, towns and villages across the
country, including those in the largest
30 cities, are elected on a non-partisan
basis. Political parties are irrelevant
to providing services to residents and
businesses. Survey data by NLC and
the U.S. Conference of Mayors shows
that regardless of whether a city, town
or village is in a Congressional House
district represented by a Republican
or Democrat member of Congress,
communities of all sizes across America
are feeling the impacts of this pandemic.
FACTS
States dictate whether and by how
much cities can raise taxes, and over
the past 30 years, this local authority
has become increasingly restricted. In
response to COVID-19, cities are turning
to their last resort option, which is to
severely cut services at a time when the
community needs them most, layoff and
furlough employees, and pull back on
capital projects, further impacting local
employment, business contracts and
overall investment in the economy.
MYTH
Allowing states and cities to use the
bankruptcy route instead of providing
direct federal assistance is a better route
for the U.S. economy.
TRUTH
Localities declaring bankruptcy or
defaulting would be devastating
for the U.S. economy, individual
investors, and infrastructure.
FACTS
If municipal bankruptcies come to
fruition, millions of individual investors
in the municipal bond market could
lose substantial amounts, impacting
the financial stability and retirement of
American families. As local economies
are impacted, the ripple effects will
reverberate throughout major sectors of
the national economy.
APPROVE OF LOCAL GOVERNMENT APPROVE OF CONGRESS’ HANDLING
AMERICA’S CITIES NEED AID NOW
88%
of Americans
are concerned that
coronavirus is going to
drastically aect their
local economy
It’s time the
federal
government
supported our
local leaders.
LOCAL GOVERNMENTS HAVE BEEN SUPPORTING THEIR RESIDENTS THROUGH THIS PANDEMIC:
Municipalities
need federal
aid now.
SUPPORT FOR FEDERAL AID
TO LOCAL GOVERNMENTS IS
BIPARTISAN, NATIONAL AND
SPANS DEMOGRAPHICS.
Not only are
Americans worried
about the
economy:
70%
73%
Nearly 100% of cities with
populations above 50,000 will
see a revenue decline this year.
believe the federal government is directly
responsible for helping local governments
recover from the coronavirus pandemic
REGION: 69%Northeast 69%Midwest
73%South
68%West
AGE:
AFFILIATION:
REPUBLICAN 72%71%DEMOCRAT
68%
INDEPENDENT
More Americans
agree the way their
local government is
handling the spread of
COVID-19 is better than
how Congress is.
Methodology: This data is based o review of census and municipal salary data, and secondary research from the National League of Cities that extrapolated public statements, records and news articles on municipal layos and furloughs.
Methodology: A total of 2,463 cities, towns and villages responded to the survey, with final responses received on April 7, 2020. 2,191 of the cities are under 50,000 population; 181 are between 50,000 and 199,999; 56 are between
200,000 and 499,999; and 35 have a population of 500,000 and above -- a group that includes 19 of the nation’s 20 largest cities. The survey cities represent 57% of the nation’s municipal finance sector and 10% of its municipal
governments. Their population totals 93,015,252, which is 28% of total U.S. population.
*SURVEY DATA BY MORNING CONSULT
Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1984 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered
Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points.
**SURVEY DATA BY MORNING CONSULT + POLITICO
Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1991 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered
Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points.
https://morningconsult.com/2020/04/29/coronavirus-funding-poll-state-local-governments/
Americans
agree. 73%GEN X BOOMERS73%MILLENNIAL66%
Between 300,000 and 1 million
public-sector workers could be
laid o or furloughed
45%
are concerned that this
pandemic will directly
impact their jobs.
Registered voters
77%
Republican
73%
Democrat
68%
Independent
49%
Registered voters
54%
Republican
50%
Democrat
40%
Independent
ESSENTIALCITIESCITIES
of Americans
ATTACHMENT 3
CITIES, TOWNS AND VILLAGES ARE ESSENTIAL
TO AMERICA’S ECONOMIC RECOVERY.
WITHOUT SUPPORT FOR LOCAL GOVERNMENTS, MUNICIPALITIES MAY MOVE FROM BEING
PART OF THE ECONOMIC SOLUTION, TO BECOMING A MAJOR OBSTACLE TO LONG-TERM
STABILIZATION AND RECOVERY.
The negative effects of the coronavirus pandemic on local communities are severe and will
continue long after this year.
Every city, town and village in every state across America will feel the
dire economic consequences of this pandemic.
2020
-$134 B
2021 2022
-$117 B -$110 B
Cities alone will experience a total
revenue loss of up to $134 billion
this year - equaling a
21.6% loss of revenue.
And they will experience a
total loss of over $360 billion
over the next 3 years
Total Revenue Loss for Cities, Towns and Villages ($ billion)
SOME WILL REACH UP TO 40%
IN TOTAL REVENUE LOSS.
ATTACHMENT 4
Learn more https://covid19.nlc.org/cities-are-essential/
WE NEED YOUR VOICE
Top 10 states with the most impacted municipalities:
PENNSYLVANIA 40.2% revenue loss
KENTUCKY 39.1% revenue loss
HAWAII 38.2% revenue loss
MICHIGAN 37.3% revenue loss
NEVADA 36.8% revenue loss
WASHINGTON 32.7% revenue loss
LOUISIANA 32.2% revenue loss
GEORGIA 31.0% revenue loss
OHIO 30.4% revenue loss
RHODE ISLAND 29.3% revenue loss
In 2020,
the unemployment rate will be7.2 percent greater than expected
as a direct cause of the coronavirus pandemic.
For every 1% increase in unemployment, municipalities will experience an additional 3% loss of revenue.
We need to ensure the American way of life continues.
Funding will help us support the hospitals, roads and crucial repairs to our nation’s
infrastructure that could face closure and abandonment without funding.
WE NEED A UNITED NATIONAL PARTNERSHIP TO GET
BACK TO A SAFE, HEALTHY, PROSPEROUS LIFE.
WE RISE TOGETHER, WE REBUILD TOGETHER.
JOIN US FIGHTING AT THE FRONT LINE.
Revenue Loss for Cities, Towns and Villages as a Share
of Total Own-Source Revenue by State, 2020
9%-14%
15%-20%
20%-30%
30%-40%
Revenue Loss for Cities, Towns and Villages as a Share
of Total Own-Source Revenue by State, 2020
Source: National League of Cities analysis of U.S. Census Bureau data (2017 total own-source revenues for municipal and township governments), adjusted for inflation, with unemployment projections provided by the Congressional Budget Oc e and unemployment claims by the Department of Labor.
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 34-2020 – A RESOLUTION AMENDING
THE 2020 OPEN SPACE BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $120,000 TO ACCEPT A GRANT FROM GREAT OUTDOORS COLORADO IN THE AMOUNT OF $110,000 AND A CONTRIBUTION FROM THE KULLERSTRAND ELEMENTARY SCHOOL PTA IN THE AMOUNT OF $10,000 FOR THE PURPOSES OF APPROVING PROPOSALS FROM TRIPLE-M RECREATION TO REPLACE PLAYGROUNDS AT KULLERSTRAND ELEMENTARY SCHOOL IN THE
AMOUNT OF $153,977.66 AND BONNIE’S PARK IN THE
AMOUNT OF $42,181.08
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Parks and Recreation Director City Manager
ISSUE:
The playgrounds at Kullerstrand Elementary and Bonnie’s Park are both at the end of their lifespans and are in need of replacement. The City was awarded grants from the Colorado Parks and Recreation Association (CPRA), Playcore, GameTime, and Triple-M Recreation and the Great Outdoors Colorado (GOCO) School Yard Initiative grant programs. A supplemental
budget appropriation is required to accept the GOCO grant funds in the amount of $110,000 and
a contribution from the Kullerstrand Elementary School PTA in the amount of $10,000.
4
Council Action Form – Kullerstrand and Bonnie’s Park Playgrounds
June 8, 2020
Page 2 PRIOR ACTION:
On November 25, 2019 the City Council supported a grant application through the Great Outdoors Colorado School Yard Initiative to partially fund a playground project at Kullerstrand Elementary School.
On April 13, 2020, the City Council passed Resolution 20-2020 approving an Intergovernmental
Agreement (IGA) between the City and Jeffco Public Schools and the Grant Agreement with Great Outdoors Colorado for the playground project at Kullerstrand Elementary School. FINANCIAL IMPACT: The total value of both playground projects is $289,895.61 which is comprised of the following
funding sources:
• $110,000 GOCO Grant
• $85,000 in City Conservation Trust Fund Budget funding
• $69,895.61 in discount pricing from Triple-M Recreation
• $25,000 in Kullerstrand Elementary School PTA contributions
BACKGROUND: The Kullerstrand Elementary School playground was originally installed in 1999 and the Bonnie’s Park playground was originally installed in 1998. Playgrounds have a typical lifespan of 10-20 years.
The City applied for funding from Great Outdoors Colorado for the Kullerstrand playground and from a Colorado Parks and Recreation Association, Playcore, GameTime, and Triple-M Recreation funding initiative for both the Kullerstrand and Bonnie’s Park playgrounds.
An IGA between the City and the Jefferson County School District was approved by City Council on April 13th stipulating the obligations of both agencies in accepting the GOCO grant and for the construction, maintenance and ownership of the playground. If these projects are approved, demolition and site excavation for both playground sites will
occur in July 2020. New playground installation will occur at both sites in late July and early
August 2020, per a timeline given by Triple-M Recreation. RECOMMENDATIONS: It is recommended that Council approve both projects and a supplemental budget appropriation to
accept the grant funds and contributions. Approving the projects now will result in the playgrounds
being installed before the start of the 2020-2021 school year. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2020, a resolution amending the 2020 Open Space Budget
to reflect the approval of a supplemental budget appropriation in the amount of $120,000 to
Council Action Form – Kullerstrand and Bonnie’s Park Playgrounds
June 8, 2020
Page 3 accept a grant from Great Outdoors Colorado in the amount of $110,000 and a contribution from
the Kullerstrand Elementary School PTA in the amount of $10,000 for the purposes of approving
proposals from Triple-M Recreation to replace playgrounds at Kullerstrand Elementary School in the amount of $153,977.66 and Bonnie’s Park in the amount of $42,181.08.” Or,
“I move to postpone indefinitely Resolution No. 34-2020, a resolution amending the 2020 Open Space Budget to reflect the approval of a supplemental budget appropriation in the amount of $120,000 to accept a grant from Great Outdoors Colorado in the amount of $110,000 and a contribution from the Kullerstrand Elementary School PTA in the amount of $10,000 for the
purposes of approving proposals from Triple-M Recreation to replace playgrounds at
Kullerstrand Elementary School in the amount of $153,977.66 and Bonnie’s Park in the amount of $42,181.08, for the following reason(s) ____________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director, Parks and Recreation
Brandon Altenburg, Grant and Special Project Administrator, Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2020
2. Kullerstrand Elementary School playground proposal and quote from Triple-M Recreation 3. Bonnie’s Park playground proposal and quote from Triple-M Recreation
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34
Series of 2020
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE,
COLORADO APPROVING A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $120,000 TO ACCEPT
A GRANT FROM GREAT OUTDOORS COLORADO IN THE
AMOUNT OF $110,000 AND A CONTRIBUTION FROM THE
KULLERSTRAND ELEMENTARY SCHOOL PTA IN THE
AMOUNT OF $10,000 FOR THE PURPOSE OF APPROVING
PROPOSALS FROM TRIPLE-M RECREATION TO REPLACE
PLAYGROUNDS AT KULLERSTRAND ELEMENTARY
SCHOOL IN THE AMOUNT OF $153,977.66 AND BONNIE’S
PARK IN THE AMOUNT OF $42,181.08
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a resolution; and
WHEREAS, Wheat Ridge City Council previously approved the Great Outdoors Colorado grant application (Resolution 19-62) and an intergovernmental agreement with Jeffco Public Schools (Resolution 20-20); and
WHEREAS, the Wheat Ridge Parks and Recreation Master Plan calls for a
balanced and equitable park and recreation system responsive to all age groups and user
groups; and WHEREAS, the Council desires to assist with the reconstruction of playgrounds at Kullerstrand Elementary School and Bonnie’s Park; and
WHEREAS, the playgrounds will be open to the public, outside of school hours in the case of Kullerstrand Elementary, thereby meeting the parks and recreation needs of the community.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A supplemental budget appropriation of $120,000 is hereby approved in the form of accepting $120,000 in grant and donated funds into the Open Space Fund account (32-601-800-888) for the
purposes of approving proposals from Triple-M Recreation to replace playgrounds at Kullerstrand Elementary School and Bonnie’s Park. DONE AND RESOLVED this 8th day of June, 2020.
Bud Starker, Mayor
ATTACHMENT 1
ATTEST:
Steve Kirkpatrick, City Clerk
CITY OF WHEAT RIDGE
Attn: BRENDON ALTENBURG
9110 W 44th Avenue
Wheat Ridge, CO 80033
Phone: 303-231-1307
Ship to Zip 80504
Quantity Part # Description Unit Price Amount
1 14927 GameTime - NDS Play On Sign Package
1 178749 GameTime - Owner's Kit $58.00 $58.00
1 RDU GameTime - CUSTOM PT STRUCTURE 5-12 $85,542.00 $85,542.00
(1) 38011 -- Vine Climber High
(2) 38010 -- Vine Climber Low
(8) 19762 -- Umbra Plug (priced for CAD)
(12) 26094 -- Triangular Shroud
(2) 19757 -- Umbra Square Roof
(1) 12704 -- Therapeutic Ring Attach
(1) 18679 -- Bongos
(1) 18766 -- Fun Seat 36"
(2) 19001 -- Entry Way
(2) 91269 -- Sprout Climber
(1) 19285 -- Transfer Platform W/ Guardrail 3'
(4) 18201 -- 36" Tri Punched Deck P/T
(1) 19005 -- Transfer System W/Barrier (2' Rise)
(2) 19388 -- Exit Section Wilderslide Ii
(1) 19385 -- Straight Section Wilderslide Ii
(1) 19386 -- Left Curve Section Wilderslide Ii
(2) 19382 -- Single Entrance Wilderslide Ii
(1) 19767 -- Edge Climber Small
(1) 19214 -- Rung Enclosure
(1) 26058 -- 3 Way X-Pod Step
(1) 26155 -- Primetime Cross Beam(Join Pt & Xscape)
(1) 12055 -- Handhold Transfer
(1) 12437 -- 12" Barrier
(1) 19803 -- AIr Walker
(2) 18200 -- 36" Sq Punched Deck P/T 1.3125
(1) 4842 -- Echo Chamber Ass'Y
(1) 19002 -- Single Gizmo Panel
8700 E Vista Bonita Dr. Ste 188
Scottsdale, AZ 85255
www.triplemrec.com
800-235-2440
05/07/2020
Quote #100172-01-04
KULLESTRAND ELEMENTARY SCHOOL
Page 1 of 5
ATTACHMENT 2
Quantity Part #Description Unit Price Amount
(1) 19255 -- Scramble Up (5'6" & 6')
(1) 19102 -- Stepped Deck (6" Rise)
(1) 18238 -- 6'-0" Funnel Bdg W/Barrier
(1) 19362 -- 3'-6"/4'-0" Zip Swerve Slide Left
(1) 19807 -- Ripple Pass
(1) 19804 -- Splitter 6'
(2) 19387 -- Right Curve Section Wilderslide Ii
(1) 19391 -- Support Wilderslide Ii
(1) 26170 -- Xcelerator
(1) 27074 -- Trapezoid Overhd Ladder-60 Deg
(1) 27070 -- Tron Climber 2 socket
(1) 27064 -- Vessel 3 Way
(1) 27067 -- Rock Climber 2 socket
(1) 32023 -- Hex Pod Step (2')
(3) 32022 -- Hex Pod Step (1')
(2) 26142 -- Single With Step
(1) 8666 -- 90 Deg Caterpillar F/S
(3) 5139 -- Large Sprount Climber
(1) 5140 -- Small Sprout Climber
(1) 26078 -- Arched Loop Ladder Overhead
(8) 18832 -- Umbra Roof Extemsion 2'
(7) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(2) 12027 -- 3 1/2" Uprt Ass'Y Alum 12'
(2) G12024 -- 3 1/2" Uprt Ass'Y Galv 9'
(1) 12024 -- 3 1/2" Uprt Ass'Y Alum 9'
(1) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(2) G12069 -- 3 1/2"Uprt Ass'Y Galv 14'
(6) 12069 -- 3 1/2"Uprt Ass'Y Alum 14'
2 26169 GameTime - Xscape Swing Add A Bay 3 1/2" X 8'$819.00 $1,638.00
1 26168 GameTime - Xscape Swing 3 1/2" X 8'$1,389.00 $1,389.00
1 26120 GameTime - Ada Xscape Swing Add-A-Bay $840.00 $840.00
1 8552 GameTime - 3 1/2" Zero-G Chair (5-12)-Galv Chain $520.00 $520.00
7 8910 GameTime - Belt Seat 3 1/2"Od(8910)$255.00 $1,785.00
8700 E Vista Bonita Dr. Ste 188
Scottsdale, AZ 85255
www.triplemrec.com
800-235-2440
05/07/2020
Quote #100172-01-04
KULLESTRAND ELEMENTARY SCHOOL
Page 2 of 5
Quantity Part #Description Unit Price Amount
1 178749 GameTime - Owner's Kit $58.00 $58.00
1 RDU GameTime - CUSTOM PT STRUCTURE 2-5 $14,368.00 $14,368.00
(7) 19762 -- Umbra Plug (priced for CAD)
(1) 19158 -- Zoo Panel
(1) 19756 -- Umbra Triangle Roof
(1) 19757 -- Umbra Square Roof
(1) 19104 -- Ridge Climber
(1) 4841 -- Maze Wheel Ass'Y
(1) 19002 -- Single Gizmo Panel
(1) 4842 -- Echo Chamber Ass'Y
(1) 12964 -- Single Gizmo Panel
(1) 12728 -- Single Seat P/T
(1) 19035 -- Optional Access Step (3' & 5')
(1) 19285 -- Transfer Platform W/ Guardrail 3'
(1) 18201 -- 36" Tri Punched Deck P/T
(1) 19044 -- Straight Crawl Tube(1 Deck Span)
(1) 19122 -- Wave Zip Slide (2'-6" & 3')
(1) 18200 -- 36" Sq Punched Deck P/T 1.3125
(7) 12068 -- 3 1/2"Uprt Ass'Y Alum 13'
1 5053 GameTime - Discover Cave W/Rock Grips $4,090.00 $4,090.00
4 38111L GameTime - Tree Stump $641.00 $2,564.00
3 38231 GameTime - Split Log Bench $2,138.00 $6,414.00
1 INSTALL GameTime - EQUIPMENT INSTALLATION $25,425.00 $25,425.00
1 EWF Miscellaneous - BULK ENG. WOOD FIBER, 538 CY BLOWN IN, FABRIC INCLUDED $25,025.00 $25,025.00
1 PIP Miscellaneous - PIP RUBBER SURFACING 255 SF, 50% STANDARD COLOR, 50% BLACK-
INCLUDES CONCRETE BASE
$7,220.00 $7,220.00
1 INSTALL GameTime - SITE EXCAVATION $14,457.00 $14,457.00
1 INSTALL GameTime - CRUSHER FINE FOR OUTDOOR CLASSROOM, 1995 SF $7,812.00 $7,812.00
1 INSTALL GameTime - DRY SUMPS (3)$485.00 $485.00
Contract: OMNIA Sub Total $199,690.00
Discount ($51,712.34)
Freight $6,000.00
Total $153,977.66
8700 E Vista Bonita Dr. Ste 188
Scottsdale, AZ 85255
www.triplemrec.com
800-235-2440
05/07/2020
Quote #100172-01-04
KULLESTRAND ELEMENTARY SCHOOL
Page 3 of 5
Comments
STATE INITIATIVE PROGRAM
PLEASE ADD TAX IF APPLICABLE
THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING
TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS
NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR
WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIME
Pricing: f.o.b. factory. Pricing Firm for 30 Days from the day of this quotation.
Payment terms: net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts.
Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage
not accepted.
Shipment: Standard playground and furnishings order shall ship within 3-4 weeks, Standard Shades and Shelters 6-12 weeks, Surfacing 1-2 weeks
after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required.
Freight charges: Allowed & prepaid
Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation.
Site should be level and permit installation equipment access.
PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOVAL, POOR DIGGING
CONDITIONS (BEDROCK), OR POOR SOIL BEARING CAPACITY, INCLUDING BUT NOT LIMITED TO JACKHAMMER, BACKHOE OR
BULLDOZER, SONOTUBES (PLUS DELIVERY, OPERATOR AND INSTALLATION IF REQUIRED)
Exclusions: unless specifically included, this quotation excludes all bonds, prevailing wages, site work and landscaping; removal of
existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and
installation; safety surfacing; borders and drainage provisions.
8700 E Vista Bonita Dr. Ste 188
Scottsdale, AZ 85255
www.triplemrec.com
800-235-2440
05/07/2020
Quote #100172-01-04
KULLESTRAND ELEMENTARY SCHOOL
Page 4 of 5
BILL TO CUSTOMER: SHIP TO CUSTOMER:
________________________________________ ________________________________________
________________________________________ ________________________________________
________________________________________ ________________________________________
________________________________________ ________________________________________
PHONE NUMBER: _______________________ PHONE NUMBER: ________________________
FAX NUMBER: __________________________ FAX NUMBER: ___________________________
EMAIL FOR ORDER ACKNOWLEDGEMENT: ________________________________________________
COLORS: _____________________________ (PALETTE)
UPRIGHTS: ______________ DECKS: ______________
ACCENTS: ______________ ARCHES: ______________
PLASTIC: ______________ METAL ROOFS: ______________
ROCK PLASTIC: ______________ GRIPS: ______________
ROOFS: ______________ TUBES: ______________
HDPE: ______________ 2 HDPE: ______________
SWINGS: _____________________________
________________________________________
Sales Associate's Signature
________________________________________ ________________
Customer's Signature Date
8700 E Vista Bonita Dr. Ste 188
Scottsdale, AZ 85255
www.triplemrec.com
800-235-2440
05/07/2020
Quote #100172-01-04
KULLESTRAND ELEMENTARY SCHOOL
Page 5 of 5
GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM
PrimeTime: The new standard in affordable play systems.
MAXIMUM PLAY, MAXIMUM PLAY VALUE
3.5” diameter uprights available in aluminum or
galvanized steel.
Choose from an extensive offering of exclusive
components and signature products.
Lifetime limited warranty on uprights, posts and
hardware!
Direct bolt connections with less hardware for easier
construction and maintenance.
Slip-resistant TuffCladTM deck coatings for
increased footing.
Entry archways to help direct trafc and prevent
inadvertent falls.
Tough, baked-on powder coat nish.
Combine with Xscape systems to create a
tness-inspired hybrid system.
IPEMA certied.
THE PRIMETIME ADVANTAGE
PrimeTime systems offer the most exibility and
cost savings for schools, churches and daycares.
Wide range of slides, climbers and interactive
activities that promote fun and tness.
Direct bolt connection offers sleeker lines and
cleaner designs.
Smaller footprint requires less surfacing,
reducing the cost of installation.
Highly congurable to meet the
developmental needs and play styles of
children of all ages
Unlike clamp systems, our systems don’t
require precise eld measuring and constant
maintenance.
PrimeTime play structures offer more play value than any comparably-priced play system and
the widest range of component options.
Kullestrand ES
Kullestrand ES
General Services Administration
Under the GSA Schedules Program, GSA enters into
contracts with commercial firms to provide supplies and
services at stated prices for given periods of time. Orders
are placed directly with the Schedule contractor, and
deliveries are made directly to the customer.
The GSA Schedules Program mirrors commercial buying
practices more than any other procurement process in
the federal government today. It provides customers with
state-of-the-art, high-quality commercial supplies and
services at volume discount pricing on a direct delivery
basis. All customers, large or small, even those in remote
locations, are provided the same services, convenience,
and pricing.
OMNIA Partners
OMNIA Partners is a National Collaborative Purchasing
Program that is available to all state and local government
groups, educational institutions and non-profit
organizations. Through OMNIA Partners, you can forgo
the bid process and still secure significant discounts on
GameTime products and services through a true turnkey
solution.
Kinetic GPO
Kinetic GPO is a cooperative purchasing organization
established for Public Sector and MASH entities
across Canada, with the specific purpose of
reducing procurement cost by leveraging the
purchasing power of group buying and saving our
members time by simplifying steps to procure.
PCI 4000
Certification by the Powder Coating Institute recognizes
competency and processes in place to consistently
produce high-quality powder-coated products. PCI
certification is the result of an extensive and rigorous
audit process and GameTime’s facility is the only U.S.
playground manufacturer to hold PCI 4000 certification.
ISO 9001/ISO 14001
Industry certification processes issued by the International
Organization for Standardization. ISO 9001 is used
to measure manufacturing standards and to certify
company compliance with quality management systems
covering design, development, production, installation,
inspection and testing. ISO 14001 also known as the
green certification, specifies the requirements of an
environmental management system (EMS). An EMS is
a systemic approach to handling environmental issues
within an organization.
GameTime is ISO 9001 and ISO 14001 certified.
ASTM
ASTM International is an independent and world
renowned developer of technical standards utilized in
testing a multitude of products. ASTM’s F15.29 committee
met regularly for over a decade in the continual
development of the F1487 Standard Consumer Safety
Performance Specifications for Playground Equipment
for Public Use. The original standard, F1487-93 was
published in 1993 and subsequently replaced by the
current version F1487-17. Published February 2017.
Throughout this catalog we state ASTM Use Zones
in dimensional form per the ASTM F1487 Standard
Consumer Safety Performance Specifications for
Playground Equipment for Public Use, which are
minimum dimensions. Consideration should be given
to the number of users and their circulation patterns.
ASTM INTERNATIONAL
100 Barr Harbor Drive, PO Box C700
West Conshohocken, PA 19428-2959
Website: www.astm.org
E-mail address: service@astm.org
IPEMA
In the interest of public playground safety, the
International Playground Equipment Manufacturers
Association (IPEMA) provides a Third Party Certification
Service whereby a designated independent laboratory,
TUV America, validates an equipment manufacturer’s
certification of conformance to ASTM F1487-17, Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except sections
7.1.1, 10 & 12.6.1; to CAN/CSA Z614, Children’s Playspaces
and Equipment, except clauses 9.8, 10 &11, or both. The
use of the corresponding logo in GameTime’s catalog
signifies that GameTime has received written validation
from the independent laboratory that the product(s)
associated with the use of the logo conforms to the
requirements of the indicated standard. Check the IPEMA
website, www.ipema.org, to confirm product validation.
IPEMA
2207 Forest Hills Dr.
Harrisburg, PA 17112
Website: www.ipema.org
E-mail: certification@ipema.org
*For the purpose of this warranty, lifetime encompasses no specific
term of years, but rather that the Seller warrants to its original customer
for as long as the original customer owns the Product and uses the
Product for its intended purpose that the Product and all parts will
be free from defects in material and manufacturing workmanship.
• Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® and Modern City® uprights.
• Lifetime limited warranty on Tru-Loc® connections and upright bolt-through connections.
• Lifetime limited warranty on all hardware.
• Twenty-Year limited warranty on Timber DécorTM & Timbers recycled plastic lumber.
• Fifteen-Year limited warranty on metal decks, pipes, rungs, rails, loops, braces, and footbucks.
• Fifteen-Year limited warranty on rotationally-molded products.
• Ten-Year limited warranty on GTFit, THRIVE and Challenge Course posts & bars.
• Ten-Year limited warranty on site furnishings against structural failure.
• Ten-Year limited warranty on SunBlox® products.
• Ten-Year limited warranty on fiberglass and DHPL signage.
• Five-Year limited warranty on TuffForms® structures, including TuffCreteTM and PolyShieldTM.
• Five-Year limited warranty on nylon-covered cable net climbers and components.
• Five-Year limited warranty on GT Symphony FreenotesTM Harmony Park components.
• Five-Year limited warranty on Super SeatsTM.
• Three-Year limited warranty on Everybody Plays polyurea coated foam & rubber strips.
• Three-Year limited warranty on SaddleMates® rubber and “C”-springs.
• One-Year limited warranty on Challenge Course timing components.
• One-Year limited warranty on all other GameTime products.
TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXPRESSLY IN LIEU
OF ANY OTHER IMPLIED OR EXPRESSED WARRANTIES OR REPRESENTATIONS
BY ANY PERSON, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS. Warranties do not cover damage caused by vandalism or abuse.
Warranty claims must be filed within the applicable warranty period and
accompanied by a copy of the original invoice or GameTime invoice number.
The Industry’s Leading Warranty.®
POLICIES & ORGANIZATIONS220
CPSC
The Consumer Product Safety Commission is an
independent agency within the United States Federal
Government with the authority to inform the public of
current product safety performance information and
recommended practices. The CPSC first published
their guidelines for public playgrounds in 1981 and have
updated their publication several times since then.
The current CPSC Handbook for Public Playground
Safety, publication #325, is an excellent guide for
owners and operators of public play environments.
U.S. Consumer Product Safety Commission
Washington, DC 20207
Website: www.cpsc.org
E-mail address: info@cpsc.gov
CSA
The Canadian Standards Association is an independent
and renowned developer of technical standards
utilized in evaluating a multitude of products. The CSA
standard on Children’s Playspaces and Equipment 1990
edition was revised in March, 2007 and is now officially
CAN/CSA-Z614-14, entitled Children’s Playspaces
and Equipment. The CSA standard is significantly
harmonized with the ASTM F1487-11 standard.
Canadian Standards Association
5060 Spectrum Way Suite 100
Mississauga, Ontario L4W 5N6
Website: www.csa.ca
ADA
Access Board (The United States Architectural and
Transportation Barriers Compliance Board) has
completed Accessibility Guidelines for Play Facilities
as set forth in the Americans with Disabilities Act
of 1990. The final rules, fact sheets and analysis
are all available at the Department of Justice.
Access Board
1331 F street, NW
Washington, DC 20004-1111
Website: www.access-board.gov
E-mail address: greenwell@access-board.gov
TÜV America
Product Service, an international testing and certification
organization is a European Union Notified and
Competent Body providing services which include
product testing and certification. The highly visible
TÜV-Mark demonstrates to customers that safety testing
and certification has been completed by an independent
third-party organization. The “S” pictogram combined
with the statements “Safety tested”, “EN 1176” and
“Production monitored” indicate that these products
have passed a comprehensive testing procedure
based upon the European Harmonized Standard for
Commercial Playground Equipment, EN 1176 and that
the GameTime production plant is regularly monitored
by TÜV. Contact your international GameTime
distributor for complete EN 1176 compliance details.
TÜV America, Inc.
5 Cherry Hill Drive
Danvers, MA 01923
Website: www.tuvam.com
E-mail: info@tuvps.com
GameTime Policies
Specifications: Specifications were current at the time of
publication. GameTime has an ongoing policy of product
improvement and therefore reserves the right to improve
specifications or discontinue products without notice.
Terms of Sale: To governmental agencies and tax
supported institutions, and those with approved credit,
payment is due within 30 days from the date of invoice.
A 1.5% per month finance charge will be imposed
on all past due accounts. We also accept payment
by Visa, Master Card, or American Express with a
2.5% convenience fee charged for each transaction.
GameTime’s preferred method of payment is by ACH.
All other orders will require a 50% deposit at the
time of order entry. The balance will be due with a
certified check upon receipt of shipment (C.O.D.).
Prices: Prices are F.O.B. factory and do not include
freight charges. All prices listed were current at
the time of publication and quoted in U.S. Funds.
Prices are subject to change without notice. Current
prices will apply at the time of shipment. Due to the
abnormally high cost of fuel and its impact on many
of the materials used in our industry, quotations are
valid for 30 days only and prices may be subject to
material and fuel surcharges at the time of shipment.
Freight charges: Freight charges are determined and
collected by the carrier unless GameTime is requested
and agrees to prepay and add these costs to the invoice.
Taxes: If applicable, taxes will be added to the invoice
except when a tax exempt certificate is provided
with the purchase order at the time of order entry.
Minimum Order: Our minimum order is $50
(USD). Any order less than $5,000 requires cash
with order or payment by major credit card.
Order Cancellation: Once accepted, orders can be
canceled only with the consent of GameTime, and
on terms which will indemnify GameTime against
loss. Canceled orders will be subject to a restocking
fee. Equipment “built-to-order” is non-cancelable.
Domestic Shipments: Unless specifically given routing
instructions on the purchase order, shipment will
be made via the carrier we consider to be the most
economical and practical in reaching the final destination.
All domestic shipments are governed by ICC Regulations.
Delays in transit: GameTime is not responsible for
delays in transit and such delays shall not alter our
invoicing terms. If your order does not reach you
within a reasonable time after being advised that
shipment went forward from our plant, GameTime
will be glad to assist in the tracking process.
Loss or damage in transit: GameTime is not responsible
for loss or damage in transit. When we release the
material to the carrier, a bill of lading is signed which
states that the shipment was received from us complete
and in good condition. A copy of this bill of lading
is forwarded to you with the shipment and should
be checked carefully with the materials you receive.
Any shortage, discrepancy or damage must be noted
on the delivery receipt and signed by the carrier’s
representative. Failure to note exceptions on the delivery
receipt may impair your right to recovery from the carrier.
Weights: All published weights are estimated
and include appropriate packing materials.
Actual weights may vary slightly.
• Installation over a hard surface
such as concrete, asphalt, or
packed earth may result in
serious injury from falls.
• Remove hood and neck
drawstrings from children’s
clothing before children play
on a playground.
• Parents, guardians and
supervisors should check for
hot surfaces before allowing
young children to play.
• Parents, guardians and
supervisors should not allow
children to play on playground
equipment while wearing
helmets.
WARNING
GameTime Trademarks
AstroRail®, Challenge Course by GameTime®, Citadel®,
Enriching Childhood Through Play®, EveryBODY Plays®,
Expression Swing®, F5®, FitKid®, GameTime®, Gizmo®,
GT®, GTfit®, GT H20®, Heliocentrix®, IONiXGT®, GT
GiantTM, GTImpax®, GTJams®, GTShade®, GT Xcelerator®,
GulfPort®, KidTime®, MegaLock®, Mega Rock®, Meet,
Compete, Repeat®, Merry-Go-All®, Modern CityTM,
Moving Fitness Forward®, Peek-A-Boo®, Play Has No
Limit®, Play Is Instrumental®, Play Palettes®, PlayLab®,
Playworx®, Pod®, PowerScape®, PrimeTime®, Rain
Wheel®, RockScape®, Saddle-Mates®, See What You’ve
Been Missing®, ShadowPlay®, SkyRunner®, Sky Wheel®,
StreetScape®, The Leader In Play®, The Power of Play®,
TotStuff®, Triton®, TuffClad®, Tuff Forms®, Tru-Loc®,
TotTime®, TotStuff®, ShadowPlay®, Waist-Hi®, WallCano®,
WilderSlide®, XtremePlay®, Xscape®, Zero-G®, Zip Slide®
are registered trademarks of GameTime, a PlayCore
company®, Animal Trackers™, iTrack Fitness™, G2™,
GT Symphony™, Kidnetix™, PlayTrails™, Rebounce™,
Sensory Car Wash™, Sensory Seats™, Sensory Wave
Climber™, Sensory Wave Spinning Seat™, SunBlox™,
Super Seats ™, THRIVE®, TriRunner™, Whirlwind Seat™,
are trademarks of GameTime, a PlayCore Company.
POLICIES & ORGANIZATIONS 221
Uprights
Burgundy
Metal
Butterscotch
Plastic
Spring Green
Decks
Blue
HDPE
Gray
2 Color HDPE
Gray/Black
Jovial
Uprights
Burgundy
Metal
White
Plastic
Champagne
Decks
Blue
HDPE
Blue
2 Color HDPE
Blue/Beige
Patriotic
Uprights
Sky Blue
Metal
Spring Green
Plastic
Orange
Decks
Gray
HDPE
Orange
2 Color HDPE
Spring Green/White
Shine
Uprights
Sky Blue
Metal
White
Plastic
Dark Blue
Decks
Blue
HDPE
Red
2 Color HDPE
Sky Blue/White
Allegiance
Uprights
Burgundy
Metal
Butterscotch
Plastic
Blue
Decks
Blue
HDPE
Blue
2 Color HDPE
Red/White
Jellybean
PRIMARY PALETTES
Uprights
Orange
Metal
Spring Green
Plastic
Yellow
Decks
Brown
HDPE
Sky Blue
2 Color HDPE
Sky Blue/White
Papaya
Uprights
Starlight Black
Metal
Yellow
Plastic
Sky Blue
Decks
Blue
HDPE
Red
2 Color HDPE
Red/White
Deep Space
Uprights
Spring Green
Metal
Champagne
Plastic
Periwinkle
Decks
Gray
HDPE
Blue
2 Color HDPE
Spring Green/White
Wisteria
Uprights
White
Metal
Yellow
Plastic
Periwinkle
Decks
Gray
HDPE
Sky Blue
2 Color HDPE
Spring Green/White
Vibrant
Uprights
Metallic
Metal
White
Plastic
Spring Green
Decks
Blue
HDPE
Yellow
2 Color HDPE
Red/White
Emerald
MODERN PALETTES
Uprights
Brown
Metal
Spring Green
Plastic
Light Green
Decks
Brown
HDPE
Orange
2 Color HDPE
Spring Green/White
Jungle
Uprights
Bronze
Metal
Butterscotch
Plastic
Light Green
Decks
Brown
HDPE
Gray
2 Color HDPE
Gray/Black
Rainforest
Uprights
Bronze
Metal
Beige
Plastic
Spring Green
Decks
Brown
HDPE
Spring Green
2 Color HDPE
Spring Green/White
Malibu
Uprights
Spring Green
Metal
Bronze
Plastic
Champagne
Decks
Brown
HDPE
Green
2 Color HDPE
Green/Beige
Bayou
Uprights
Metallic
Metal
Spring Green
Plastic
Sky Blue
Decks
Blue
HDPE
Sky Blue
2 Color HDPE
Sky Blue/White
Atlantic
NATURAL PALETTES
METAL
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POLYETHYLENE (HDPE)
DECKS WALLCANO
® HANDHOLDS
Red
Blue
Green
Beige
TIMBER DÉCORSPECIAL ROCK
PLASTIC
CANOPY & SHADE
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CITY OF WHEAT RIDGE
Attn: BRENDON ALTENBURG
4005 KIPLING STREET
WHEAT RIDGE, CO 80033
Phone: 303-231-1307
Ship to Zip 80504
Quantity Part # Description Unit Price Amount
1 178749 GameTime - Owner's Kit $58.00 $58.00
1 14927 GameTime - NDS Play On Sign Package
1 RDU GameTime - CUSTOM PT STRUCTURE 5-12 $35,709.00 $35,709.00
1 18826 GameTime - Primetime Swing 3 1/2" X 8' $1,257.00 $1,257.00
2 1483 GameTime - 2955 Belt Seat 3 1/2" Od $255.00 $510.00
1 EWF GT-Impax - BULK ENG. WOOD FIBER, 3467 SF $4,333.00 $4,333.00
2 161290 GameTime - Geo-Textile 2250 Sqft Roll $681.00 $1,362.00
1 INSTALL GameTime - EQUIPMENT INSTALLATION $9,050.00 $9,050.00
1 INSTALL GameTime - DEMO/DISPOSE EXISTING EQUIPMENT $650.00 $650.00
1 INSTALL GameTime - EXCAVATE AND DISPOSE PEA GRAVEL $4,215.00 $4,215.00
Contract: OMNIA Sub Total $57,144.00
Discount ($18,183.27)
Freight $3,220.35
Total $42,181.08
Comments
STATE INITIATIVE PROGRAM
STORAGE BY OTHERS
PLEASE ADD TAX IF APPLICABLE
(THIS QUOTE MUST BE COMBINED WITH ANOTHER PROJECT TO GET 100% MATCHING FUNDS )
THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING
TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS
NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR
WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIMETotal Pricing: f.o.b. destination. Pricing Firm for 30 Days from the day of this quotation.
Payment terms: net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts.
Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage
not accepted.
Shipment: Standard playground and furnishings order shall ship within 3-4 weeks, Standard Shades and Shelters 6-12 weeks, Surfacing 1-2 weeks
after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required.
Freight charges: Allowed & prepaid
05/01/2020
Quote #100155-01-04
BONNIE'S PARK
Page 1 of 3
ATTACHMENT 3
ITEM NO: DATE: June 8, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 32-2020 - A RESOLUTION OF THE
WHEAT RIDGE CITY COUNCIL PERMITTING NEW
LIQUOR LICENSE APPLICANTS, DURING DECLARED EMERGENCIES, TO SATISFY THE NEEDS AND DESIRES REQUIREMENT IN MULTIPLE WAYS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________
City Clerk City Manager
ISSUE: C.R.S. § 44-3-301 (2) (a) requires new liquor license applicants to establish by “petitions,
remonstrances, or otherwise” [emphasis added] that a new liquor license conforms to the needsand desires of the adult inhabitants of the neighborhood (Needs and Desires Requirement).Although there are many ways to satisfy the Needs and Desires Requirement, it has long beenthe City’s custom and practice to require new liquor store applicants to satisfy the Needs and
Desires Requirement by conducting a door-to-door survey of residents and businesses within
one-half mile of the new liquor license applicant’s business (Needs and Desires Survey).Because of the coronavirus (COVID-19) pandemic, throughout the state, new liquor licenseapplicants have not been able to satisfy the Needs and Desires Requirement through the door-to-door Needs and Desires Survey because folks are reluctant to speak with the persons conducting
the survey.
PRIOR ACTION: None (since promulgating the original codes).
5
Council Action Form – Liquor License Survey
June 8, 2020
Page 2 FINANCIAL IMPACT: Minimally positive, if any at all.
BACKGROUND: Wheat Ridge has always required the Needs and Desires Survey of all liquor license applicants. Typically, the applicant hires a vendor whose employees visit residents and businesses within a half-mile radius door to door to solicit citizens’ opinions on the need for a new liquor license in
their neighborhood, and whether they desire a new licensee. During the current public health
pandemic, soliciting feedback from residents and businesses face to face at the door could be challenging.
RECOMMENDATIONS: The Wheat Ridge Liquor Authority Board (Liquor Board) has passed a resolution by consensus
asking that Council approve a resolution that temporarily allows for means “otherwise,” to
satisfy the Needs and Desires requirement. CRS allows this approach; in fact, several municipalities nearby have relied upon the statutory power to use evidence “otherwise,” other than a Needs and Desires Survey, as allowed in law. In addition, based on list-serve traffic among city attorneys and city/town clerks, several Colorado municipalities are considering
resolutions like the one proposed here.
If Council approves this resolution, the Liquor Board will have the temporary authority to issue liquor licenses without a special survey, by relying on other indicators and evidence, such as citizens’ communications to our Board, either virtually during Board meetings or by
communicating with the Office of the City Clerk to make their opinions, their needs and desires,
known to the Board. Once the City’s emergency declaration is lifted, 49 days later the Wheat Ridge Liquor Board would return to its traditional practices, requiring the formal needs and desires survey.
The Liquor Board plans and expects to return to the Needs and Desires Survey as the sole
method to satisfy Needs and Desires Requirement because a door-to-door survey of residents and businesses within one-half mile of the new liquor license applicant’s business is a valuable way to make sure nearby residents and businesses know about the pending license application and the opportunity to speak against it.
If Council declines to approve this resolution, nothing changes. Liquor license applicants in Wheat Ridge would still have to present a Needs and Desires Survey report, which will doubtlessly delay the issuance of their licenses, potentially for several months. RECOMMENDED MOTION:
“I move to approve Resolution No. 32-2020, a resolution of the Wheat Ridge City Council permitting new liquor license applicants, during declared emergencies, to satisfy the needs and desires requirement in multiple ways.”
Or,
Council Action Form – Liquor License Survey
June 8, 2020
Page 3 “I move to indefinitely postpone Resolution No. 32-2020, a resolution of the Wheat
Ridge City Council permitting new liquor license applicants, during declared
emergencies, to satisfy the needs and desires requirement in multiple ways, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Steve Kirkpatrick, City Clerk
Robin Eaton, Deputy City Clerk Joseph Rivera, Counsel to the Liquor Board Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 32-2020
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32
Series of 2020 TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL PERMITTING NEW LIQUOR LICENSE APPLICANTS, DURING DECLARED EMERGENCIES, TO SATISFY THE
NEEDS AND DESIRES REQUIREMENT IN MULTIPLE WAYS
WHEREAS, on March 10, 2020, the Governor of the State of Colorado declared a statewide state of emergency in response to the coronavirus (COVID-19) pandemic;
WHEREAS, on March 14, 2020, the President of the United States declared a
national emergency in response to the coronavirus (COVID-19) pandemic; WHEREAS, on March 20, 2020, the Wheat Ridge City Council (City Council) declared a local emergency in response to the coronavirus (COVID-19) pandemic;
WHEREAS, Chapter 11 of the Wheat Ridge City Code established the Wheat Ridge Liquor Licensing Authority (City’s Liquor Board) and conveyed to it the authority to hear and grant or refuse applications for new liquor licenses, among other responsibilities related to the sale of liquor in the City of Wheat Ridge (City);
WHEREAS, C.R.S. § 44-3-301 (2) (a) requires new liquor license applicants to establish by “petitions, remonstrances, or otherwise” that a new liquor license conforms to the needs and desires of the adult inhabitants of the neighborhood (Needs and Desires Requirement);
WHEREAS, pursuant to C.R.S. § 44-3-103 (19) (c), the failure to satisfy the Needs and Desires Requirement constitutes good cause to deny a new liquor license applicant’s request for a liquor license;
WHEREAS, it has been the City’s custom and practice to require new liquor
store applicants to satisfy the Needs and Desires Requirement by conducting a door-to-door survey of residents and businesses within one-half mile of the new liquor license applicant’s business;
WHEREAS, because of the coronavirus (COVID-19) pandemic, new liquor
license applicants have not been able to satisfy the Needs and Desires Requirement through door-to-door surveys because the adult inhabitants of the neighborhood are reluctant to speak with the persons conducting the survey;
WHEREAS, the City Council hereby finds that it is in the best interests of the City
to permit new liquor license applicants, during times of declared City emergencies, to satisfy the Needs and Desires Requirement in multiple ways. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge Colorado, that:
Section 1: During declared emergencies, the City’s Liquor Board may expand the
types of evidence available to satisfy the Needs and Desires Requirement.
Although the door-to-door survey remains the City’s preferred method for new liquor license applicants to satisfy the Needs and Desires Requirement, while the City has declared a local emergency pursuant to the Colorado Disaster Emergency Act, title
24, article 33.5, part 7, or other similar authority, and for forty-nine (49) days thereafter,
new liquor license applicants may satisfy the Needs and Desires Requirement through (1) sworn testimony from the applicant, any party in interest, and other community members, (2) additional notices sent to the neighborhood via the United States Postal Service, and (3) other relevant information.
Section 2: This Resolution shall become effective upon adoption. DONE AND RESOLVED this 8th day of June 2020
_
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk