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ITEM 1 - CALL TO ORDER
Mayor Burkholder called the meeting to order at 7:00 p.m. in the Council Chambers of the Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Tom Booher
Ray Elliott
Jackie Herbst
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Barb Martin
Carol Kesselman
Absent: Jean Saum
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
Presentation of the Flag and the Pledge of Allegiance was lead by Boy Scout
Troop 554 from Littleton, Colorado.
ITEM 4 - PUBLIC COMMENT
Kate Horan - 10 Field Street - Lakewood, Colorado
Ms. Horan expressed her concern over dormitories being placed in R2 single-family
residential neighborhoods and asked City Council to rectify the situation.
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan asked City Council to support a reduction in speed on 6th Avenue.
The influence from City Council to CDOT would be helpful. The high speed is
a hazard and a safety issue.
Tom McMann - 13400 W. 7th Avenue - Lakewood, Colorado
Mr. McMann read a proposed resolution regarding the speed on 6th Avenue. He
requested lowering the speed limit along 6th Avenue due to the increase in accident
and deaths.
Robert Baker - 50 South Cody Street - Lakewood, Colorado
Mr. Baker spoke regarding the definition of "household," rental units
in the Meadowlark Neighborhood associated with Colorado Christian University
students, and a possible amendment to the current ordinance. He questioned if
City Council condoned the actions of CCU and if they were willing to have staff
enforce the current ordinance. Mr. Baker questioned City Council's values and
their support regarding the issue of CCU student rental houses or maintaining
the integrity of the Lakewood neighborhoods.
State Representative Kelly Daniel - 13740 W. 7th Avenue - Lakewood, Colorado
Representative Daniel stated that he has been in touch with CDOT regarding possible
reduction of the speed limit on 6th Avenue. He is questioning the engineering
of the ramps at Kipling and Wadsworth and if the excel/decel lengths are appropriate
for a 65 M.P.H. limit. He stated he felt they were unsafe at 65 M.P.H. Representative
Daniel thanked Council for their time and asked for any thoughts they may have
on the issue.
Jan McQuade-Sturm - 13200 W. 15th Drive - Lakewood, Colorado
Ms. Sturm stated that a neighboring property to the south of her home in Applewood
is seeking annexation into, and rezoning by the City of Lakewood. In 1999, a
highly organized effort of neighboring property owners found that the property
did not meet the requirements for annexation. The new proposed development is
double the original size, from 8000 s.f. to 15,000 s.f. commercial development
to be located among residential properties. She stated that the development
does not meet the County criteria for rezoning. Ms. Sturm urged Council to revisit
the previous advisories to them by her neighborhood. R-1 development would not
be objected to on the property.
Barbara Barry - P.O. Box 568 - Golden, Colorado
Ms. Barry stated she is on the Board of the Applewood Valley Homeowners Association.
She expressed her concern regarding a proposed change in zoning at Colfax and
Youngfield and how it would effect her residential neighborhood. She stated
the proposed development does not meet general land use guidelines.
Bill Doig - 12090 W. 23rd Place - Lakewood, Colorado
Mr. Doig stated he had been a resident for 45 years and is currently President
of the Applewood Valley Association, representing over 1700 households. He stated
he was also speaking on behalf of Diane Urdall, President of Daniels-Welchester
Homeowners Association, representing over 1800 households. He stated his concern
about an isolated residential lot being rezoned through annexation to Lakewood.
In 1999, both HOAs wrote letters to City Council opposing the proposed development.
Both HOAs oppose the new proposed commercial development as well.
Dick Taylor - 1300 Normandy Drive - Golden, Colorado
Mr. Taylor spoke about the proposed traffic problems that would occur with the
proposed development at Colfax/Youngfield.
City Manager Mike Rock stated that it appears that testimony is being heard on a land use proposal that has not yet gone through any kind of process on the Planning Commission or before the City Council. Normally, a public hearing is conducted at the time the proposal comes forward. To get into detail discussion about a proposal that has not yet been submitted probably should be reserved for the time of public hearing. The public hearing is designed to allow all parties for/against/neutral to provide questions and comments.
City Attorney Roger Noonan stated that the generic public comment heard in relative to the neighborhood is appropriate. It appears if you are going to review, what appears to be, travel lanes and turning movements and access issues, that is probably going too far for this particular item.
Mayor Burkholder stated that once the proposal goes through the Planning Department and Planning Commission, that is the time to bring the information forward. General comments to reinforce what has already been said would be more appropriate. He stated that on advice of counsel, it would be inappropriate to hear further details at this point.
Dick Taylor stated that the main item is the traffic in that area. He asked that, along with any hearings that are held, that each City Council member take the time to visit the stretch of highway from Colorado Mills east to Golden Hill and drive it both directions. Observe what goes on there in the way of traffic.
Councilman Murphy stated that the public will have ample opportunity in a public hearing venue to talk to Council about all the details and all the objections, when and if this proposal moves forward. He stated he would not want to jeopardize the public's case.
Carl Seese - 15 South Dover - Lakewood, Colorado
Mr. Seese stated that the Lakewood City Council is incapable of representing
the citizens. Stating that the definition in the Code needs to be revised serves
as a smoke screen to divert the citizen's attention away from the dormitory
definition, which the City cannot defend. Lakewood has its do nothing City Council.
He suggested going forth with a recall petition.
Vicki Stack - 8890 W. 13th Avenue - Lakewood, Colorado
Ms. Stack stated it saves 11 seconds per mile traveling at 65 M.P.H. rather
than the previous 55 M.P.H. on 6th Avenue. She mentioned three problems with
raising the speed limit: engineering, age of the local driver, and traffic flow.
She suggested that action start with City Council. She presented an Injury Accident
Report to the City Clerk for distribution to City Council.
Bonnie Ferguson - 1420 Holland Street - Lakewood, Colorado
Ms. Ferguson thanked City Council and staff for their support after the death
of her husband. She stated that her family is very appreciative. While visiting
other cities in the Metro Area, she stated she found that the number of non-related
persons per household is limited to 3-4. Ms. Ferguson asked that City Council
take a look at this. She asked for a citizen's intervention regarding Mr. Booher
and Mr. Elliott. Ms. Ferguson stated she would like to see Council work together
and be able to work with the citizens. She suggested a citizen, or a citizen
representative, and Police Chief should sit down with the two Council members.
It needs to be settled now. If the problems cannot be worked out so they can
get along civilly, they both need to resign.
Michael O'Beirne - 25 North Cody Court - Lakewood, Colorado
Mr. O'Beirne stated that they have been advised by counsel to limit their comments
to matters of record. After witnessing what happened to the citizen from Applewood,
we need to discuss what the First Amendment is all about to impress upon the
Boy Scouts. He spoke to the Boy Scouts regarding democracy. Mr. O'Beirne stated
that the V.P. of Student Housing established the Romero House at Regis University
which seemed to work well. The same idea being used in his neighborhood is not
working. He requested swift action in revising the ordinances and supports a
ratio of un-related individuals per square footage of habitable rooms, excluding
some rooms, is a reasonable solution.
Tom Pauley - 105 S. Allison - Lakewood, Colorado
Mr. Pauley stated that in 1966 the courts approved covenants and now City Council
is going to veto it. Three or four unrelated people living in a dormitory are
fine, but not more. He questioned how much taxes are paid by Colorado Christian
University. The taxpayers are paying the bills. City Council is elected to obey
the laws and if you can't obey them, don't bother enforcing them.
Mayor Burkholder stated that public comment is to afford the citizens the opportunity to speak on non-agenda items. We do practice freedom of speech in this City Council Chamber. We also practice respect. This is not an act/react situation under public comment. We do have the opportunity to do a lot of listening. We have listened since early July on the CCU issue. We continue to listen, get emails, and get letters. They are all being entered into the record we will study on October 7th. Council agrees that an ordinance that has worked since the late 70's is no longer viable. We can't be over-reactive. We will look at all the options as presented by staff on October 7th. We will end up with a new ordinance on this issue. Regarding the property on West Colfax, we will listen, but it is not appropriate to respond tonight. On the 6th Avenue issue, he stated that CDOT is responsible for changing the speed limit, not the City. A resolution at this time can only be ignored by CDOT, per State Statutes.
Councilwoman Kesselman stated that she had met with Traffic Engineer Dave Baskett to talk about the issue of the increased speed along 6th Avenue. The City has not had the opportunity to demonstrate to CDOT, at this time, an increase in the accident rate. The safety of the entrance and exit ramps is a concern of hers and perhaps the City could ask CDOT to look into this safety issue during their budgeting process for next year.
Councilwoman Wise thanked Sue McMann for her efforts regarding the 6th Avenue speed issue. She also thanked Representative Kelly Daniel for taking the lead. City Council talked about the issue and how difficult it is for Council to influence CDOT. The City is working with CDOT and is trying to secure nearly a half-million dollars to look at traffic safety issues along 6th Avenue. CDOT is within the Executive Branch and the Governor pays attention to traffic issues in this State and Councilwoman Wise urged citizens to apprise the Governor of their opinions. Regarding the CCU issue, she stated she has been carrying the banner for the neighborhood. She stated it makes it difficult to want to carry the message of constituents when you try to do something continually and citizens do not appreciate the hard work that is being done. It takes an incredible amount of work on the part of staff to prepare a draft ordinance that can come to City Council. Councilwoman Wise asked the citizens in her neighborhood to please cut the staff some slack and give them time to propose legislation to City Council so they can adequately respond. Council is working very hard on this issue. She thanked her neighborhood for their involvement in the process.
Councilman Stevens stated that he has had extensive conversations with both her and Councilor Martin concerning the issue of the neighborhood. A lot has taken place since we found out about this in July. In August, the decision was made to move forward and change the current ordinance. He stated that it took almost two years to pass an ordinance regarding a crematorium, revolving around standards. There are many in the audience tonight who came up and spoke and want to know what we're going to do and they have admitted to me, personally, that they know this is moving along a lot faster than any of them have expected. For those who don't feel this is an important issue, you are wrong. This is a very important issue. Coming up and trying to bully Council or insulting Council or talking about recalls is not the way to go about it. We've heard you. We're studying it. It will be dealt with. Please give us the opportunity to study the issue and make the right decision. This decision will involve the entire City and not just your neighborhood.
Councilman Murphy stated there were some alarming accident statistics mentioned and asked that those statistics be verified by staff. The City may be able to forward those to CDOT as evidence that there may be a problem there. In regards to the issue about CCU and student housing, he stated he would like to address the issue of CCU putting students in dorms, and tuition being paid by them, and therefore having it change the definition this should be reviewed at the October 7th Study Session.
CONSENT AGENDA - The following items from the Consent Agenda were read into
the record by the City Clerk.
ITEM 5 - RESOLUTION 2002-64 AUTHORIZING THE AMENDMENT OF THE LAKEWOOD EMPLOYEES MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT AND THE CITY OF LAKEWOOD DEFERRED COMPENSATION PLAN AND TRUST AGREEMENT
ITEM 6 - RESOLUTION 2002-65 APPROVING A CONTRACT WITH SEAR-BROWN FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES FOR THE UNION BOULEVARD PAVEMENT RECONSTRUCTION PROJECT
ITEM 7 - ORDINANCE O-2002-32 AMENDING ARTICLE 14 OF THE LAKEWOOD ZONING ORDINANCE RELATING TO FLOOD PLAIN MANAGEMENT
ITEM 8 - ORDINANCE O-2002-33 ORDINANCE TO VACATE STREET AND ALLEY RIGHTS OF WAY WITHIN OR ADJACENT TO BLOCK 37, PLAT OF LAKEWOOD WITHIN THE SOUTHEAST ONE QUARTER, SOUTHEAST ONE QUARTER, NORTHEAST ¼, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY
ITEM 9 - APPROVING OF MINUTES OF CITY COUNCIL MEETING
Regular City Council Minutes July 8, 2002
Regular City Council Minutes July 22, 2002
ITEM 10 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Commission on Cultural Diversity
and Human Relations June 5, 2002
Commission on Cultural Diversity
and Human Relations July 10, 2002
Lakewood Planning Commission June 19, 2002
Lakewood Liquor and Fermented
Malt Beverage Licensing Authority August 8, 2002
Public Comment:
Newt Vaughan - 8663 W. Hawaii Drive- Lakewood, Colorado
Mr. Vaughan asked for a better description regarding Item 8 - Ordinance No.
2002-33.
Councilwoman Wise made a motion to approve the Council minutes; to accept the minutes of Boards and Commissions; and ordered all ordinances introduced on first reading to be published in the Lakewood Sentinel with public hearing set for the dates included in the ordinance; and ordered the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the City Clerk. The motion was seconded by Councilman Elliott.
City Manager Mike Rock responded to Mr. Vaughan stating that under the R.F.C.A., it notes that the area is bounded by 11th Avenue, Pierce Street, 10th Avenue, and Reed Street.
Vote: All Ayes. No Nays. The motion carried.
Mayor Burkholder consolidated Items 11 and 12 into one public hearing and vote.
ITEM 11 - PUBLIC HEARING AMENDING MUNICIPAL WARD BOUNDARIES FOR THE CITY OF LAKEWOOD, COLORADO
ITEM 12 - ORDINANCE O-2002-31 AMENDING MUNICIPAL WARD BOUNDARIES FOR THE CITY OF LAKEWOOD, COLORADO
City Clerk Margy Greer presented the process and procedure for redrawing the ward boundaries for the City of Lakewood. The reason for redistricting is due to the 2000 Decennial U.S. Census Data showing a change in population and new precincts within Jefferson County overlapping City ward boundaries. Ms. Greer stated that a City Council Study Session was held on August 26, 2002, in which she presented information and three scenarios to City Council. At the Study Session, City Council requested staff move forward with an ordinance which would change the populations in the wards as follows: Ward 1-28252; Ward 2-29584; Ward 3-28151; Ward 4-28437; and Ward 5-29702. Three County precinct boundaries overlapped ward boundaries and appropriate changes were made as well. The new proposed City redistricting shows a 5% deviation in population between the largest and smallest wards; affects 1,456 people; moves one precinct from one ward to another; and creates a ward boundary along Florida Avenue. Ms. Greer stated that the ordinance before Council also includes the new municipal election precincts which include whole County precincts.
Councilwoman Wise made a motion to adopt Ordinance O-2002-31 on second and final reading. It was seconded by Councilman Elliott.
Vote: All Ayes. No Nays. The motion carried.
ITEM 13 - GENERAL BUSINESS
None.
ITEM 14 - REPORTS
Mayor Burkholder stated that KLTV Channel 8 received recognition and first place
awards regarding the Alameda Avenue Redevelopment and Excellence in Government
Programming. He congratulated the staff behind the cameras.
He stated he attended a very moving ceremony of remembrance of 9-11 in Colorado Springs last weekend. Over 499 firefighters have lost their lives in the last two years. 363 of those at Ground Zero in New York City.
Mayor Burkholder stated he also attended the rededication of Memorial Field at 10th & Wadsworth. In 1947, the area was dedicated as a new football field. The Lakewood Historical Society requested that the people who gave their lives not be forgotten.
Lakewood was visited by one of its City Sisters this week and the program helps with global understanding.
Councilman Elliott announced that Green Mountain Elementary School will be holding their Fall Festival and Craft Fair on September 28th from 8:30 a.m. until 4:00 p.m.
Councilwoman Koop stated that she attended some of the Memorial Services over the past weekend and enjoyed meeting the many firefighters and their families. She commended Firefighter Rick Franz and his wife Lisa for organizing the "Ride to Remember" motorcycle ride.
Councilman Stevens stated that out of the great adversities that our Country has experienced, that we've had the opportunity to refocus and recognize those true heroes that make the difference in our every day lives. He thanked the firefighters for their efforts.
He stated that last Wednesday night, he and Councilor Kesselman attended the Silver Valley Homeowners Association to discuss some traffic issues in their neighborhood. He thanked Bobby Griego for organizing the meeting.
Councilwoman Kesselman thanked the Silver Valley HOA for having her attend the meeting. It was a good opportunity to meet with the homeowners and create a plan for addressing an issue. She stated she was encouraged by the meeting.
Councilwoman Herbst announced a meeting of the Jefferson Garden Neighborhood tomorrow night at Washington Heights from 7-9 p.m.
The Jewell/Wadsworth Area Business Association will be having an open house on October 1st at Green Gables Country Club from 6-8 p.m.
ITEM 15 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 8:25 p.m.
Submitted by
Margy Greer, City Clerk
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