HomeMy WebLinkAboutCity Council Minutes 08/14/2006
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.-
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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.