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HomeMy WebLinkAbout11/14/2005 -- -- m~.. CITY OF WHEAT RIDGE, COLORADO November 14. 2005 Mayor pro tem Schulz called the Regular City Council Meeting to order at 7:00 p.m. Mayor Gretchen Cerveny was absent due to health reasons. Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF October 24. 2005 Motion by Mr. DiTullio for the approval of the Minutes of October 24, 2005; seconded by Mrs, Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Council President Lena Rotola presented outgoing City Council member Jerry DiTullio an Elected Officials' Service Award. He has been on City Council for 10 years, She noted that Mr. DiTullio is not going away, he is our new Mayor. Jerry DiTullio thanked the citizens of District I for allowing him to serve the last 10 years. He is looking forward to representing the City of Wheat Ridge as the new Mayor. He guaranteed that the Mayor's office would be very pro-active and he envisions a very productive 4 years, He congratulated Mr. Terry Womble, who has replaced him in District I. He is looking forward to working with Terry and the rest of City Council. A brief reception was held at 7:05. Meeting resumed at 7:19 p.m. Deputy City Clerk, Christa Jones, read a public announcement prepared by City Clerk, Pam Anderson, into the record. The announcement explained why the swearing in of the new Mayor-elect and Councilmember-elect would take place on November 28, 2005. There will be a reception and photo opportunities, CITIZENS' RIGHT TO SPEAK Janelle Shaver, representing the Arts Council of Wheat Ride, announced a 2005 Wheat Ridge Christmas lighting and decoration contest. It will be sponsored by the Arts Council. They will provide further information. - CITY COUNCIL MINUTES: November 14, 2005 - Page -2- Louise Turner asked that the City continue publishing Ordinances etc. in the Wheat Ridge Transcript. APPROVAL OF AGENDA Motion by Mr. DiTullio to add an Emergency Ordinance adopting a temporary moratorium on acceptance and processing of applications for building permits and land use approvals within a portion of the City of Wheat Ridge generally bounded by W. 52nd Avenue on the north, North 1-70 Frontage Road on the south, Ward Road on the west and Tabor Street on the east. This will be Item 2. A. Seconded by Mrs. Rotola; carried 8-0. Item 1. CONSENT AGENDA: A. Acceptance of Quit Claim Deed and approval of Easement Agreement for Municipal Maintenance Facility Access. B. Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for September 2005 property casualty in the amount of $29,218,56. Consent Agenda was introduced and read by Mr. DiTullio, Motion by Mr. DiTullio for approval of the Consent Agenda; seconded by Mrs. Sang; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (CASE NO. WZ-05-07) (CASE NO. WS-05-02) (IBC HOLDINGS) Council Bill 16-2005 was introduced on second reading by Mrs. Rotola; executive summary was read by the Deputy City Clerk. Mayor pro tem Schulz opened the public hearing, Travis Crane, Wheat Ridge Community Development Department, was sworn in by Mayor pro tem and presented the staff report and entered the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Case File, Packet Materials and digital presentation into the record. All notification and posting requirements have been met and Council has jurisdiction to hear this case. - CITY COUNCIL MINUTES: November 14, 2005 ..-' Page -3- Rick Gunter, architect for this project, was sworn in by the Mayor pro tem. He showed a digital presentation of the proposed project. They are only interested in developing the middle part of the property right now and leaving the rest for future opportunities. They are reinventing the existing warehouse into a full blown office building. They will be sure to follow all the laws as it pertains to drainage. More landscaping will be along the outside of the property facing the major streets and less on the inside. They have complied with all of the Planning Commission recommendations. Blaine Mott, ICB holdings, was sworn in and stated he was excited about the project. One of the buildings has been renamed "Studio 10". It is the former Jolly Rancher Warehouse. They have run into a number of companies who are involved in the Arts in one way or another and who are interested in moving to Studio 10. He will also move his own company into Studio 10. The following speakers were sworn in by the Mayor pro tem: Mike Camp, Marketing Agent on the property, projected that there will be a strong demand for the type of space ICB Holdings is offering, They are projecting that this will be very successful and bring high quality jobs to the City of Wheat Ridge. Shaun Baker, property owner immediately south of subject property, stated he had concerns about land being taken away from him for a deceleration lane. He was told that it would be about 120 square feet. The bigger picture is about traffic exiting and entering from 50th Avenue & Ward Road. He wondered if there was another solution rather than a deceleration lane and he is worried about having some eminent domain forced on him. He asked that the item be continued to allow everybody to get together and come up with a solution. He does not have a drainage problem on his land, but knows that other people do. Bob Harmsen, property owner east of proposed site, had issues with horrendous traffic and drainage problems in the neighborhood, as well as the train traffic, He is also concerned about the traffic flow through the property. He asked for a continuance until some of the problems can be addressed, John Cillessen, owns the property at 12200 West 52nd Avenue. He addressed the situation with the Fire House across the Street, the truck comes out at least 4 times a day. He thinks their development looks nice. He will hold further comments on the moratorium ordinance. Ranya Kelly, 12681 West 49th Avenue, west side of Ward Road, has grave concerns regarding the drainage. This issue has been going on for 20 some years. She presented pictures of flooding in the area. She suggested that Jefferson County, Wheat Ridge and Arvada get together and work on the drainage problems. The traffic is unbelievable. She has observed when a train goes across, the traffic is backed up to 20 Minutes, depending on what time of day. She is not against development, but wants it done properly and it should benefit the community as a whole. - CITY COUNCIL MINUTES: November 14, 2005 -- Page -4- She thinks Council should come out and look at what office warehouse space is being rented and what is not. She hoped they would attend a drainage meeting in Jefferson County on December 8, 2005 at 3:00 p.m. at the Jefferson County Admin Building. It is concerning drainage issues on the other side of Ward Road that are really serious. Paul Rohrer spoke in favor of the project and wants to be part of Studio 10 in what they refer to as "Jollywood". His company would benefit all existing businesses without bringing a lot of traffic to the area. Gary Pettit spoke in favor of the project and stated he is excited about being part of the Studio 1 0 part of the development. He feels they are developing a model for the office building of the future, Joel Scott spoke in favor of the project. They are interested in moving their company to this location. When Jolly Rancher was fully operational, they had 400 people employed. Eric Weber, photographer, one of the companies who wants to move to Studio 10. He is excited about the project and feels it could be a great success and a benefit to the City of Wheat Ridge. Steve Sealy and his wife own a video production company called Denver Digital. They specialize in working with non-profits and foundations. They are looking forward to moving out to Wheat Ridge and to Studio 10. They want to foster a family oriented place to work. Ron Creach addressed traffic problems. He owns a business at 5040 Ward Road, just south of the Jolly Rancher area. Traffic is horrid at rush hour. John Geiger, owns the property directly to the south, at 12280 W. 50th Place. He has traffic concerns and it is getting worse with all the new developments up north. He is not against the development if we can make it work with the traffic. Mary Cavarra, avid supporter of Strategic Plan, and the Neighborhood Revitalization Strategy. When she reviewed the packet, she didn't think this plan would advance those goals. She commended staff and the Planning Commission and the applicant for their excellent presentations and doing a lot of work that has relieved some of those concerns. The projects that are going in the immediate development are going to be very good for the City. She is concerned about how many decisions Council has to make tonight. Rezoning, Outline Development Plan and the Final Plan all in one swoop. Each of the 17 lots could be sold and developed independently. Mike Baran is very excited about this development. He has a problem that no other road is going through the property and no plan for a road. We need this kind of developer in Wheat Ridge. We need to plan for the future. - CITY COUNCIL MINUTES: November 14, 2005 - Page -5- Mayor pro tem Schulz called for a brief recess at 8:53 p.m. Meeting resumed at 9:06 p.m. Council members asked questions of the applicant and staff. Mayor pro tem Schulz closed the public hearing. Motion by Mrs. Rotola to TABLE INDEFINITELY Council Bill 16-2005, Case No. WZ-05- 07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons: 1. While consistent with the Future Land Use Plan designation, the application is not consistent with Plan policies: A. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets. B, Allowing industrial uses that are self-contained with no visible outdoor storage. C. Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius. D. Setting out the desired character and desired attributes of Planned Businessllndustrial Parks, E. That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the City's overall street and pedestrian network. 2. That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 3. A change in character to the area has not occurred. Seconded by Mr. DiTullio; carried 6-2 with Mr. Schulz and Ms. Berry voting no. Mr. Schulz and Ms. Berry would have preferred to have the item continued rather than tabled. Motion by Mr. DiTullio to DENY Case No. WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road for the following reason: The rezoning ordinance has been tabled indefinitely and the Outline Development Plan has been denied; seconded by Mrs, Rotola; carried 6-2 with Mr. Schulz and Ms, Berry voting no. Motion by Mr. DiTullio to DENY Case No. WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road; seconded by Mrs. Rotola; carried 6-2 with Mr. Schulz and Ms. Berry voting no. - CITY COUNCIL MINUTES: November 14, 2005 Page -6- Motion by Mr. DiTullio to instruct the City Attorney to prepare findings memorializing Councils' decision and to bring those back to the November 28, 2005 Council Meeting; seconded by Mrs. Sang; carried 7-1 with Ms. Berry voting no. Item 2.A. EMERGENCY ORDINANCE 1354 - AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR BUILDING PERMITS AND LAND USE APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE GENERALLY BOUNDED BY W. 52ND AVENUE ON THE NORTH, NORTH 1-70 FRONTAGE ROAD ON THE SOUTH, WARD ROAD ON THE WEST AND TABOR STREET ON THE EAST. Emergency Ordinance was introduced Mr. DiTullio. Alan White stated that this Ordinance would place a temporary moratorium on the acceptance and processing of building permits and land use applications within the area that we are calling the northwest sub area. We are currently working on a sub area plan. All land use proposals, including any rezoning, special use permits, subdivisions, outline development plans, final development plans and variances within that area would not be accepted and processed until such time as the moratorium is lifted. It also would include acceptance and processing of applications for building permits for new construction of principal buildings. Under the City's Charter, an emergency ordinance can only be enacted for 90 days. If we need more time we would have to come back with a non-emergency ordinance. The area is bounded by West 52nd Avenue on the north; North 1-70 Frontage Road on the south; Ward Road on the west; and Tabor Street on the east. Bob Harmsen has a problem with this moratorium, but could go along with it for 90 days. He suggested that a group of various agencies get together and get something accomplished. John Cillessen is against this moratorium. It ties the hands of the landowners in the area. Ranya Kelly is concerned that the moratorium was handed to one of the Councilmembers at such a late date. Shouldn't people in the community know about this? Shaun Baker is also concerned and feels the neighbors should be informed if the moratorium is extended beyond 90 days. Motion by Mr. DiTullio to continue Emergency Ordinance 1354 to the November 28, 2005 City Council Meeting; seconded by Mr. Gokey; carried 8-0. -- CITY COUNCIL MINUTES: November 14, 2005 - Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. RESOLUTION 53-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FOR CITY HALL IMPROVEMENTS AND TO APPROVE THE AWARD OF ITB-05-30 HVAC RETROFIT PHASE II. Resolution 53-2005 was introduced by Mrs. Adams. Motion by Mrs. Adams to approve Resolution 53-2005, amending the fiscal year 2005 Capita/Investment Program (CIP) budget to reflect the approval of a supplemental budget appropriation in the amount of $110,000 for City Hall improvements from the CIP fund undesignated reserves into Acct. No. 30-610-800-811. I also move to award ITB- 05-30, HVAC Retrofit Phase II, to J.C. Brooks & Company of Arvada, Colorado, in the total amount of $544,746.00. I further move that a contingency amount of $54,475.00 be approved. I further move that all costs associated with this contract be paid from Acct. No. 30-610-800-811, and that these funds be encumbered for the length of the project in accordance with Ordinance No. 787, 1989 Series; seconded by Mrs. Sang; carried 7-1 with Mr. Gokey voting no. CITY MANAGER'S MATTERS Randy Young gave brief update on Cabela's. There will be an Open House on Wednesday, November 30, 2005 from 4:00 - 8:00 p.m. at the Wheat Ridge Recreation Center. ELECTED OFFICIALS' MATTERS Council members wished Mayor Gretchen Cerveny a speedy recovery and thanked her for her years of service to the City of Wheat Ridge. She will be missed. Jerry DiTullio gave update on Housing Authority project on 45th & Everett. He invited Council to go by and take a look at it. He also stated that the Christmas lighting contest would be addressed in the Cityl newsletter. Karen Berry invited everybody to District I and II quarterly meeting on December 5, 2005. It will be held at the Richards-Hart Estate and will be a combination holiday celebration and there will be talks about the Wadsworth sub area plans. CITY COUNCIL MINUTES: November 14, 2005 '- Page -8- Dean Gokey asked for consensus that the findings of City Attorney Dahl regarding Special Events Liquor Licensing be forwarded to the Liquor Authority. Meeting adjourned at 10:30 p.m. (\. ,\-~, ~,;\,\ i0\L,- \<7) Christa Jones, Deputy City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 28, 2005 BY A VOTE OF ~ to --L -,~- / /)1)' i ~. I/! c' /71 //t/,zJL/ :1 (-" It ,,::II / / i douncil President The preceding Minutes were prepared according to S47 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. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.