Loading...
HomeMy WebLinkAboutCity Council Minutes 08/14/2006 ~~~ rdV"Nfl~ ~lJ lJ ~ ~1Il5?J CITY OF WHEAT RIDGE, COLORADO AUQust14,2006 Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Councilor Karen Berry was absent. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto, staff; and interested citizens. APPROV AL OF MINUTES OF July 24, 2006 Motion by Mr Gokey for approval of the Minutes of July 24, 2006, seconded by Mr Womble; carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio read the Proclamation for the Annual Carnation Festival Week - August 12- 19, 2006 and presented it to Councilor Terry Womble as a member of the Carnation Festival Committee - CITIZENS' RIGHT TO SPEAK Jeff Lamontagne and Ken Wiig spoke on behalf of the Second Wind Foundation and Fund, which was established for services for at-risk youth for suicide The Second Wind Foundation sponsors the 5K-1 K Race in Lakewood on September 24th at Green Mountain High School. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-06-03) (Coors Brewing Company and Cabela's) a Rezoning/Outline Development Plan b. Final Development Plan c. Final Plat CITY COUNCIL MINUTES: August 14, 2006 Page -2- Mayor DiTullio opened the public hearing. Council Bill 17-2006 was introduced on second reading by Mr. Stites and he read the executive summary. City Clerk Pamela Anderson assigned Ordinance No 1367 Mayor DiTullio administered an oath to all persons who wish to testify during the public hearing Travis Crane of the Community Development Department presented the staff report. Mayor DiTullio accepted the case f:le packet & materials. digital presentation, comprehensive plan, and zoning ordinance for the record He submitted elements of the Outline Development Plan. Final Development Plan, and Final Plat including but not limited to the architectural design requirements. lighting standards. pedestrian connections, and traffic study. Carolynne White, Land Use Counsel for Brownstein, Hyatt and Farber, testified on behalf of Cabela's, the applicant. She introduced the other individuals present to testify on behalf of the applicant. Ms. White testified to the merits of the outline development plan, the final development plan, and the final plat. She detailed the public outreach undertaken by Cabela's and stated that the applicant has met or exceeded all code requirements. This will assist the City in meeting their goals in the Comprehensive Plan mcludmg economic development. Kevin Rhodes, Director of Real Estate for Cabela's, testified for the applicant. He thanked the Mayor and City Council for the opportunity and for their deliberation Cabela's is committed to this project and they will do everything they can to see that it comes to fruition - Mark Kieffer, Principal of Norris Design, testified on behalf of the applicant. He addressed elements of the plans including lighting, pedestrian improvements, landscaping, and architectural design Christopher Fasching, of Felsberg, Holt, & Ullevig, testified on behalf of the applicant regarding the traffic impacts and improvements for the proposed development. He stated that the project brought a lot of attention to the existing traffic woes He spoke of the process including the traffic study and the pending environmental assessment. He addressed traffic impacts, and detailed the planned improvements including the 1-70 and SH-58 interchange, the SH 58 improvements. the 40th Avenue underpass, reconfiguration of 1-70 and 32nd Avenue, the widening of 32M Avenue, and the widening of Youngfield Avenue CITY COUNCIL MINUTES' August 14, 2006 Page -3- Flora Andrus, 4790 Easley Road, Golden, representing Fairmont Improvement Association, thanked the City of Wheat Ridge, Cabela's and Coors. She asked that traffic signage and signals be provided on 44th Avenue to make sure that the traffic will go right or left on 44th and it not go north into the community. They also asked that the noise and emissions from truck traffic be controlled Ken Sanchez, 8226 Teller Court, Arvada, testified on behalf of the Mountain West Regional Council of Carpenters. He represents 1400 Union Carpenters in the Metro Area They applaud the work that has been done to bring Cabela's to Wheat Ridge He stated the association's support of Cabela's and asked that the Council watch their selection of a general contractor that will provide a living wage, health care, workers compensation, and a verifiable safety record. He would like that the contractor that is selected uses a level playing field. He does not think that only a union contractor can provide these objectives, but that a union contractor will provide all of these objectives Amelia Adams, 13528 W 23'd Place, Golden, stated that the organizations have been most conciliatory, but she is here as an individual to say that there is something wrong with the way we administer tne use of our property She saw many properties within Wheat Ridge that could have been redeveloped, and asked the City Council to reconsider this project. - Edna Miklos, POBox 5177, Wheat Ridge, representing the Applewood Business Association, thanked the Planning Commission and the developers for addressing some of the concerns that were raised by the community She hopes Council will continue to listen to the community and work with the community as well as with Wheat Ridge 2020 to make a cohesive community development. Pauline York, Edgewater, for herself and on behalf of the Mayor of Edgewater, who is sitting In the audience, wished Wheat Ridge all the success in the world with this project. Millions of dollars will be coming into Wheat Ridge She suggested that Wheat Ridge work with RTD and alleviate some of the traffic congestion Barbara Barry, President of Applewood Valley Association, P O. Box 25, Golden, testified that some of the many concerns that have been raised have been met. She stated the continued concerns of the association regarding traffic impacts and the proposed 27th Avenue improvements She hoped that solutions can be found in the envlronme01tal assessment. They ask for an open consideration of real options, not a shortcut between a choice of do or don't. Please find a better solution for that eastbound 1-70 traffic. Tim Doyle, Applewood Valley Association, 1790 Willow Lane, Lakewood, testified to the neighborhood's concerns regarding the proposed 27th Avenue traffic improvements. Please keep working with all of us and do not ignore our concerns Debbie Doyle, 1790 Willow Lane, Lakewood, reiterated previous statements about traffiC concerns, particularly on 32nd Avenue There must be 4 lanes of roadway and a bridge over Clear Creek. CITY COUNCIL MINUTES: August 14, 2006 Page -4- Dave Cash, 770 Poppy Street, Golden, related his experience with lighting from a development in Golden. He made several suggestions regarding lighting, noise and landscaping Mike Larkin, 3187 Robb Circle, Lakewood, testified that he is very comfortable with what Cabela's has done They solicited input on many options and have done a reasonably good job in beginning to address the traffic issues, If the traffic becomes worse for us, it will also be worse for Cabela's He does not see any reason not to go forward Dave Kuehn, 4198 Xenon Street, Wheat Ridge, District Manager for Prospect Recreation and Park District, thanked all parties involved and recommends approval of the Council Bill as presented tonight. Dwaine Richter, 4505 S Yosemite Street, Denver, Owner of 70 West Business Center, spoke in favor of Cabela's and the project. It is superior in quality, they are a quality tenant and are not a typical big box, and the project has precipitated a solution to the traffic problems Regarding the condition by the Planning Commission that the right of way easement be acquired, he urged Council that landscaping be required for that area Robert Alldredge, 2890 Lamar, Wheat Ridge, testified in support of the Cabela's project as a small business owner, and owner of several properties in the area He believes that Cabela's has done everything asked of them by the City and they will be a positive impact and asset to the entire area. He asked for approval of the plan tonight. - John Villachica, 9695 W 44th Avenue, Wheat Ridge, resident and small business owner, testified in support of the project and stated that the small business community recognizes Cabela's as an employer, supporter and protector of small business, and economic boost to Wheat Ridge and the State Cabela's will provide viable job options to our children. If denied, we could lose the funding that Cabela's is providing with this project for transportation infrastructure He detailed several positive benefits of the project. Jennifer Platt, 2135 Myrtlewood Lane, Lakewood, testified in opposition to the project. She wondered if people had considered more environmentally friendly development, rather than another large development. If the primary access is going to be of 58th, why is Cabela's Drive being advertised on 1-70? Has anybody thought about putting the entrance and the exit on 58th? Perhaps create a large horseshoe that is Cabela's Drive and not go through this beautiful neighborhood and not send hundreds of thousands of cars into our neighborhoods Jess Hendrickson, 13508 W 23'd Place, Golden, expressed his concerns about traffic in the area People depend on 32nd Avenue to go about their business, Within 5 blocks of this intersection is Maplegrove Elementary and Manning Middle School. Parents are concerned about the increased traffic around the school zones. How will construction access be provided? CITY COUNCIL MINUTES August 14, 2006 Page -5- Roxanne Runkel, 3415 Alkire Way, Golden, asked that Cabela's be a good neighbor She distributed copies of her statement and pictures to the City Council (included in the packet) and read from the statement requesting a 6 - 8 ft high solid masonry fence on her property along parcels four and five of the project. She also asked for a 40 ft buffer zone on the south and west sides of parcel 4 and along the south side of parcel 5 Her other concerns included lighting and traffic. She wants multi use trails on the property Janice Sherman, 13478 W. 23rd Place, Golden, does not want her community harmed by this development and wants the traffic directed away from 32nd Avenue Theresa Hendrickson, 13508 W. 23rd Place, Golden, Treasurer of the Applewood Valley Association, stated that they feel the decisions of the sequences on this proposed development seem wrong Why approve the development and the final plating with all the access systems merely assumed Cheryl Brungardt, 5621 W 36th Place, Wheat Ridge, Member of Enterprise Wheat Ridge, testified in support of the application and stated that this project will promote the economic development of Wheat Ridge. Janice Thompson, 12290 W 42nd Avenue, Wheat Ridge, testified in support of the development because it is the most visible piece of Wheat Ridge and we finally have - the opportunity to have an ill-designed highway improved This is an opportunity to have a sense of identity for Wheat Ridge She thanked Cabela's for coming in because without them all of these street improvements would not happen. She also thanked staff for doing all of this work for 2 years and kept the City operating Chad Vries, 10930 W 44th Avenue, Wheat Ridge, is in 100% support of the project as long as it's done the right way He owns numerous businesses in Wheat Ridge and cannot see how this could affect us adversely He hopes this gets approved immediately and gets done Jack Hoopes, 14215 Crabapple Road, Applewood, President of the Applewood Property Owners Association, thanked Council and staff and everybody who has worked on this Cabela's brings a community building opportunity to the Valley. Growth is Inevitable Many people are afraid of the negative impacts this will bring, specifically increased traffic. He asked that calls for a bigger buffer zone be heeded and minimize the effect of lighting He appreciates the commitment to a path and that no store be opened until the traffic issues have been addressed He suggested a Creek front development that would be a recreational jewel for Wheat Ridge Mike Carroll, 14460 W 45th Drive, Golden, suggested moving the alignment away from Holman Street. Why can't there be an entrance and an exit off Highway 58? Norm Ross, 3145 Zinnia Street, stated his opposition to the project and believes that this should be postponed until the environmental assessment is complete CITY COUNCIL MINUTES' August 14, 2006 Page -6- Rhonda Teitelbaum, 15021 W 29th Avenue, Golden, Applewood Property Owners Association Board Member, endorsed Mr. Hoopes' comments. She asked that the City of Wheat Ridge remain vigilant that the rest of the parcels will be of the same standard Roger Loecher, 4599 Carr Street, Wheat Ridge, is thrilled to death that a first class development like Cabela's is coming to our town. He thanked everyone who has worked on this project. Gretchen Cerveny, 3425 Moore Street, Wheat Ridge, testified in support of the project. She remembers when this area was a mining site that operated 24 hours a day Without Cabela's coming in, the highway improvements would not be taking place Recess called at 9 46 P m. Reconvened at 10:01 p m. Carolynne White, representing the applicant, answered questions that arose during the public testimony including proceeding with the development plans and plat before the completion of the environmental assessment, the request for the masonry fence and increasing the buffer, and lighting and landscaping requirements and standards Chris Fasching, of Felsburg, Holt & Ullevig, answered questions regarding traffic concerns Alan White, Director of Community Development. spoke regarding the questions regarding annexation versus redevelopment of existing commercial property; the Regional Transportation District (RTD) has been and will continue to be involved; lighting requirements, landscape buffer is adequate at 20 feet and does not need to be increased, creek front land is not under control of the applicants, there will be a continuous trail along Cabela's Drive on the west side. City Council asked questions of staff and the applicant. Mayor DiTullio closed the public hearing Rezoninq/Outline Development Plan Motion by Mr Stites to approve Council Bill 17-2006 (Ordinance No. 1367), Case No WZ-06-03, a request for an amendment to an Outline Development Plan for property zoned Planned Commercial Development and for property located generally west of 1- 70, south of Highway 58, north of West 32nd Avenue and east of Eldridge Street. for the following reasons. 1 A change in character has occurred in the area The property has historically been used as a gravel minE: while the area which surrounds the property has been developed and redeveloped as commercial and industrial properties. 2 The request will bring the property into conformance with the goals and policies of the Comprehensive Plan The properties contain commercial and industrial designations. The range of allowed uses is consistent with the future land use designation defined in the Comprehensive Plan. CITY COUNCIL MINUTES' August 14, 2006 Page -7- 3 The construction of roadway improvements will adequately accommodate the additional traffic volumes produced by the proposed uses. The improvements will not only benefit the development onsite, but also the surrounding properties. 4 The proposed uses will be compatible with the surrounding area, specifically the commercial properties directly to the south, the commercial shopping center to the east of 1-70 and the industrial park north of Highway 58 Required buffers will minimize the impacts to adjacent residential uses. 5 The request will be a benefit to the City, County, School District and special districts by providing additional tax revenue, added retail and service establishments, additional employment and the installation of pedestrian connections to Clear Creek trails. 6 The request will not create an isolated or spot zone district. 7 The request will not adversely affect public health, safety, or welfare. With the following conditions - 1 The easements or right-of-way needed for the construction of Cabela Drive where it crosses Jefferson County property and off-site to the State Highway 58 interchange and to West 32nd Avenue shall be secured prior to the issuance of any building permit. 2 The traffic improvements labeled as "Year 2008 improvements" in the traffic study dated June 2006 shall all be constructed prior to the issuance of any certificate of occupancy These improvements shall additionally include the pedestrian trails on the west side of Cabela Drive and the west side of the frontage road Seconded by Mr Womble Motion to Amend by Mr Gokey to read "Freestanding Lights may be a maximum height of 30 feet". Motion failed for lack of a second. Main Motion carried 7-0 Final Development Plan Motion by Mr Stites to approve Case No WZ-06-03, a request for approval of a Final Development Plan for property located generally west of 1-70, south of Highway 58, north of West 32nd Avenue and east of Eldridge Street. for the following reasons: 1 The Final Development Plan meets the development standards as listed on the Outline Development Plan 2 The Final Development Plan meets the requirements for Final Development Plans, as defined in Article III of the Code of Laws. Seconded by Mrs Sang, carried 7-0 CITY COUNCIL MINUTES: August 14, 2006 Page -8- Final Plat Motion by Mr Stites to approve Case No. WS-06-01, a request for approval of a ten lot subdivision plat for property located generally west of 1-70, south of Highway 58, north of West 32nd Avenue and east of Eldridge Street, for the following reasons' 1. All requirements of the Subdivision Regulations have been met. 2 All required utility easements are being provided. 3 Adequate infrastructure will be constructed with the development to serve the proposed use Seconded by Mrs Sang; carried 7-0. Recess was called at 10:39 p m. Reconvened at 10:50 p.m. Motion by Mr. Stites to extend the meeting past 11'00 p.m , seconded by Mrs Rotola; carried 6-1, with Mr. Gokey voting no Item 2. COUNCIL BILL 01..2006 - AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDE CODE OF LAWS, ENTITLED STORMWATER QUALITY AND CONTROL. Mayor DiTullio opened the public hearing -- Council Bill 01-2006 was introduced on second reading by Mrs. Sang and she read the executive summary City Clerk Pamela Anderson assigned Ordinance No 1368 Tim Paranto presented the staff report and answered questions from the City Council. Mayor DiTullio closed the public hearing Motion by Mrs Sang to approve Council Bill 01-2006 (Ordinance 1368) on second reading and that it take effect 15 days after final publication, seconded by Mrs. Rotola; carried 7-0 DECISIONS, RESOLUTlONS, AND MOTIONS Item 3. RESOLUTION 35-2006 - AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO. AND THE CITY OF WHEAT RIDGE, COLORADO. REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 7, 2006 Resolution 35-2006 was introduced by Mr Womble. City Clerk Pamela Anderson read the executive summary. CITY COUNCIL MINUTES. August 14, 2006 Page -9- Motion by Mr Womble to approve Resolution 35-2006, seconded by Mrs Sang, carried 7-0 Item 4. RESOLUTION 36-2006 - AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BElWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES (TABOR) Resolution 36-2006 was introduced by Mrs Rotola and she read the executive summary Motion by Mrs Rotola to approve Resolution 36-2006, seconded by Mrs. Adams, carried 7-0 Item 5. RESOLUTION 37-2006 - APPROVING AN APPLICATION FOR A $3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE BANK FOR FUNDING OF THE 40TH AVENUE UNDERPASS OF INTERSTATE HIGHWAY 70 Resolution 37-2006 was introduced by Mr Stites and he read the executive summary - Motion by Mr Stites to approve Resolution 37-2006, seconded by Mr Womble, carried 7-0 Item 6. RESOLUTION 38-2006 - AUTHORIZING THE CITY TREASURER AND DEPUTY CiTY MANAGER TO ENTER INTO INVESTMENT TRANSACTIONS ON BEHALF OF THE CITY IN ACCORDANCE WITH THE CITY OF WHEAT RIDGE INVESTMENT POLICY Resolution 38-2006 was introduced by Mr. Schulz and he read the executive summary. Motion by Mr Schulz to approve Resolution 38-2006, seconded by Mrs. Sang, carried 7-0 Item 7. RESOLUTION 39-2006 - REFERRING lWO BALLOT QUESTIONS TO THE REGISTERED ELECTORS OF THE CITY, CONCERNING CONSTITUTIONAL REVENUE LIMITATIONS AND RETENTION OF EXCESS REVENUE AND CALLING A SPECIAL MUNICIPAL ELECTION FOR THAT PURPOSE. Resolution 39-2006 was introduced by Mr Schulz and he read the executive summary City Attorney Gerald Dahl reported to City Council proposed changes to the resolution title and language to meet Wheat Ridge Charter requirements to make Notice and Call of a special municipal election. CITY COUNCIL MINUTES. August 14, 2006 Page -10- Mr Dahl asked that the words "AND CALLING A SPECIAL MUNICIPAL ELECTION FOR THAT PURPOSE" be added to the title. He further asked that an additional paragraph be added after the second WHEREAS, to read.. "; and WHEREAS, the Council may call a special municipal election pursuant to Section 2.2 of the Charter," And changing Section 1. at the end to say. .the following ballot questions to the registered electors of the City at "a special municipal election which is hereby called to take place on November 7, 2006 for that purpose." By adding this language, the Resolution will serve as a call to a special election and no other Resolution has to be passed for this purpose. Motion by Mr. Schulz to approve Resolution 39-2006 as amended, seconded by Mrs. Rotola, carried 7-0. CITY MANAGER'S MATTERS Mr Young thanked Council for recognizing all of the staffs contributions to Cabela's project. He also thanked all of the Directors who have worked on this ELECTED OFFICIALS' MATTERS Motion by Mr Gokey to ratify an at-large mayoral appointment of Councilmember Larry Schulz to the Urban Renewal Authority, term to expire November 2006, seconded by Mrs Sang, carried 7-0 Meeting adjourned at 11 17 P m APPROVED BY CITY COUNCIL ON AUGUST 28, 2006 BY A VOTE OF 2 to .ll.- L~\ ,\ ~ Mike Stites, Council President The preceding Minutes were prepared according to 947 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.