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ITEM 1 - CALL TO ORDER
Mayor Steve Burkholder called the meeting to order at 7:05 p.m. in the Cabinet
Room of the Lakewood Civic Center South Building, 480 South Allison Parkway,
Lakewood, Colorado.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Ray Elliott
Jackie Herbst
Carol Kesselman
Debbie Koop
Barbara Martin
Bob Murphy
Jean Saum
Mike Stevens
Cheryl Wise
Absent: Tom Booher
Staff in attendance:
Mike Rock, City Manager
Dick Plastino, Director of Public Works
Brian Nielsen, Environmental Services Manager
Frank Gray, Director of Community Planning & Development
Joni Inman, Director, Mayor & City Manager's Office
Roger Noonan, City Attorney
Kathy Cable, Public Information Officer
Margy Greer, City Clerk
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PRESENTATION - CREMATORIES
Councilman Bob Murphy opened the presentation, stating that the City has received several complaints regarding the offensive emissions from one of the crematories in the City. He has been working with staff members and the neighbors to find a viable solution to the problem.
Dick Plastino, Director of Public Works, stated that from his research, he found that it is very unusual for a City to have an ordinance regarding crematories. Crematories are regulated by the State. Due to Lakewood's limited staff and ability to enforce some of the proposed regulations such as storage of cadavers, storage and handling of remains, artificial implants, hours of operation, odors, etc., it was decided that the City would concentrate its efforts on regulating opacity, or smoke density.
Dick Plastino introduced Peter Nadel from the City Attorney's Office of Gorsuch Kirgis and Bill Minot from Colorado Air Quality Control.
Mr. Plastino stated that they have been working on the proposed ordinance for approximately nine months. The proposed ordinance was forwarded to the Jefferson County Health Department, the Two Creeks Neighborhood Association, and the four crematories in the City for review and comment. The one comment received regarded the cost of the monitoring equipment.
Brian Nielsen, Environmental Services Manager, described opacity as the amount
of smoke that cannot be penetrated by light - smoke density or clarity of the
smoke. Opacity range is measured between 0% to 100%. Colorado's opacity standard
limits smoke emissions to an average of 20% opacity for a six-minute period
of time.
Mr. Nielsen presented video clips showing smoke which was emitted from Rushton
Cremation Services at 20%, 50%, and 100% opacity.
The State standard is smoke cannot exceed an average of 20% opacity for more than six minutes. In order to enforce current opacity standard, personnel from the State or County health departments must observe the smoke-producing events. Most smoke-producing events last 1 to 6 minutes and smoke events are not predictable.
Mr. Nielsen reported that since September 13, 2000, Lakewood has received over 30 complaints from citizens about Rushton's operations. These complaints were forwarded to the State Health Department for review and analysis. West Metro Fire Dept. has responded on five occasions to Rushton to investigate for possible fires. The owners of Rushton Crematorium Services were contacted several times about citizens' complaints.
Staff recommended a proposed ordinance to regulate crematory emissions more closely - not the cremation process itself. The ordinance applies to crematories for humans and animals. The ordinance would contain a stricter standard than the State currently has in place. The ordinance would state that smoke opacity could not exceed 20% for more than 60 continuous seconds.
The technology required would be for each crematory to install a continuous opacity monitor and recorder to automatically record opacity levels. Opacity readings must be collected electronically and submitted to the City on a monthly basis. The estimated cost to purchase and install the monitoring equipment would be between $7500 and $10,000 per crematory. All crematory operators will be required to receive annual training. Costs for the training is estimated between $750 to $1000. Operating records must be submitted to the City monthly. Existing crematories must install monitoring equipment within 120 days (4 months) from the effective date of the ordinance. If opacity is exceeded, operator must take immediate corrective action and notify the City by phone with written follow-up within 24 hours.
All crematory owners would be required to obtain an annual license from the City. It establishes criteria to grant or deny applications for licenses. Licenses may be revoked for violations and appeal provisions would be included.
The City would be required to conduct annual inspections and would be authorized to inspect and collect samples more frequently. The City can issue citations in Lakewood Municipal Court for violations. Violators may be fined up to $1000 per violation and/or up to one year in jail.
A question and answer period followed.
It was decided that staff would research the ability to change the zoning on crematories to have them distanced from residential zoning.
Fees for licensing crematories would be brought forward in the form of a resolution.
There was consensus from City Council to have staff proceed with bringing forth an ordinance and resolution on the matter.
ITEM 4 - OPEN DISCUSSION - CITY COUNCIL
Parking on Public Streets in Residential Areas
Councilwoman Kesselman asked for discussion to take place regarding putting
a time limit on parking on public streets in residential neighborhoods.
City Manager Mike Rock stated that City Council and staff has reviewed this issue many times and putting a time limit on parking is very hard to regulate and people simply move their cars from one spot to another to comply with the time limit. There currently are restrictions on cars with "for sale" signs in their windows, inoperable vehicles, and unlicensed vehicles.
Councilwoman Wise stated that she wants staff to look at the parking space requirements regarding future developments. She stated it is very hard to find parking in condo/apartment complexes.
Frank Gray, Director of Community Planning & Development, stated that in nearly every case, Lakewood's parking requirements exceed the national standard. He stated that many parking spaces in apartment and condominium complexes are occupied by trailers, boats, as well as second and third vehicles. Mr. Gray stated he would review the City's parking space requirements.
It was decided that it would be best at this point to do some targeted enforcement in certain neighborhoods.
Door-to-Door Solicitors
Councilman Stevens stated that he had received a complaint about door-to-door
solicitors and was concerned about the lack of license, permit, or registration
of solicitors by the City.
Mike Rock stated that he was concerned about the potential liability of the City if they signed off on a permit or license and the licensee had a criminal background. If fingerprinting and criminal background checks would need to be done, the application process would be quite extensive.
There was not consensus by City Council to move forward with this issue.
Trash Trucks
Councilwoman Wise stated that she receives several complaints about the number
of different trash haulers' trucks and the many different days trash is collected
in residential neighborhoods. She asked if there was some way for the City to
contract with one trash hauler or if that would hurt free enterprise.
Mayor Burkholder stated that he did not want to regulate someone out of business and stated neighborhoods could try to organize it on a block-by-block basis.
Councilwoman Kesselman stated that the Heritage West neighborhood did organize and contract with one trash hauler.
Councilman Stevens stated that they tried to organize in his neighborhood and one person refused to use the service and it caused a lot of problems between neighbors.
Mike Rock stated that the City could possibly bid trash hauling by different quadrants of the City, but the City would then be responsible for invoicing, collections, rates, and public complaints. This would have a tremendous impact on an already overworked staff. Additional personnel would also be needed to administer the program.
There was not consensus from City Council to move forward with this issue.
It was decided that an article would be placed in Looking at Lakewood summarizing the discussion of this issue for the public.
Colorado Christian University - Neighborhood Housing
Councilwoman Wise stated that she would be meeting with the neighbors tomorrow
regarding CCU working with an investor to purchase single family homes in the
area and using them as dormitories for their students.
Mike Rock stated that there is a bigger issue to talk about and that is the issue of whether the City works with CCU to keep them in Lakewood and if so, creating a balance between them and the neighborhood.
Councilman Stevens stated that if CCU were to be sold, chances are it would be redeveloped and may create a worse situation for the neighborhood.
Councilwoman Wise stated that the bigger problem is a concern from the neighbors regarding wanting permanency rather than rental properties in their neighborhood. She stated she would keep the Council informed of her meeting with the neighbors.
ITEM 5 - MAYOR AND COUNCIL REPORTS
Mayor Burkholder
Asked everyone to encourage people to submit applications for Leadership Jefferson
County.
Stated DRCOG had distributed a one-page sheet showing the Lakewood demographics and hopes that everyone finds it helpful.
Distributed photographs of his recent race at Bandimere Speedway.
Councilman Elliott
Thanked the Mayor for allowing him to preside at Dedication Ceremony of Fox
Hollow's Homestead Golf Course last Saturday.
Councilwoman Saum
Stated she was very proud of the beautiful new golf course.
Councilwoman Koop
Stated she was very proud of the beautiful new golf course.
Announced the cancellation of the Alameda Gateway Association Meeting on Wednesday morning.
Councilwoman Herbst
Stated she and her husband enjoyed the new Homestead Golf Course and thanked
everyone.
ITEM 6 - STAFF REPORTS
City Manager Mike Rock stated that Arvada will be taking action on the Juvenile Sex Offender ordinance and it will be brought forward to Lakewood's City Council in the near future.
Announced the study session on July 15th regarding Wal-mart would be televised.
ITEM 7 - ADJOURNMENT
Mayor Burkholder adjourned the meeting at 9:05 p.m.
Submitted by:
Margy Greer, City Clerk
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