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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, 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
Jean Saum
Barbara Martin
Carol Kesselman
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
The Pledge of Allegiance was recited.
Mayor Burkholder stated that the Lakewood High School Drama Club was scheduled to appear, but were unable to attend due to rehearsals. He stated that the Drama Club is presenting "The Pajama Game" at Lakewood High School February 26th through March 1st at 7:00 p.m. For more information, persons may call 303-982-7096.
Mayor Burkholder recognized Boy Scouts who were in the audience from Troop
#876 from South Lakewood Elementary School and Troop #814 from St. Joseph's.
ITEM 4 - RESOLUTION 2003-15 APPOINTING AND RE-APPOINTING MEMBERS TO THE LAKEWOOD
SENIOR CITIZENS ADVISORY COMMISSION
Councilwoman Koop made a motion to approve Resolution 2003-15. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried.
Councilwoman Koop introduced the new members.
ITEM 5 - RESOLUTION 2003-16 APPOINTING A MEMBER TO THE LAKEWOOD EMPLOYEES MONEY PURCHASE PENSION PLAN RETIREMENT BOARD
Councilwoman Koop made a motion to approve Resolution 2003-16. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried.
Councilwoman Koop introduced the new member.
ITEM 6 - PUBLIC COMMENT
Mary Vodneck - 7200 W. Alameda Avenue, Lakewood, Colorado
Ms. Vodneck announced that March 10-15 is "Non-Profit Week." It celebrates
the work of non-profit organizations in the community. The range of work that
non-profits contribute to the communities is tremendous through the funding
of projects and hours of volunteer work. She spoke about the State wide celebrations
taking place during the week.
Mayor Burkholder stated that Ms. Vodneck was recently recognized as one of the outstanding women in Jefferson County for her contributions to non-profit organizations.
Newt Vaughan - 8663 W. Hawaii Drive, Lakewood, Colorado
Mr. Vaughan stated that the standard answer given by the Lakewood Reinvestment
Authority is that a few years ago the voters gave us approval. He stated that
in speaking to people he found out that people gave approval to something that
they knew little about. He stated that a lot of them have said that if they
knew the authority were going to give up, they probably would not have voted
in favor of it. He stated he had done some research on the measure and he found
that there was a lot of advertising of Save the Villa campaign to get it passed.
Mr. Vaughan stated there are a lot of members of today's and past Councils that
were fairly decent large contributors to these campaigns. It would have behooved
a lot of people to have the truth be known that this was going to give this
Council and the City of Lakewood the power to condemn land, the power to take
over private properties from businesses, the power to form special taxing districts,
and the power to loan money out of the general fund to save a private project.
It is good for the private and public entities to work together on projects,
but there is a fine line in defining what these separations should be. He stated
he thinks it is being abused by the City of Lakewood and other governments throughout
the Country. There are a lot of lawsuits, a lot of cases coming to courts about
this. It is your tax dollars that are fighting these lawsuits. He urged the
voters in this community and other communities who don't know what they are
about, then turn them down or find out what they are giving up and what powers
they are giving to their elected officials.
Walt Heidenfelder - 13009 W. Ohio Avenue, Lakewood, Colorado
Mr. Heidenfelder stated that many of the citizens in Lakewood appreciate the
government they have and appreciate the City Manager, the Housing Dept., all
of the volunteer boards and commissions, the work that the Mayor and City Council
does, and the Mayor's sensitivity to the diversity within the community. He
stated that neighbors of his are having severe financial problems due to a recent
illness of their child. He asked the public to please donate funds to help this
family by going to the website Matthewfund.com and obtaining further information
or by making a contribution directly to Matthew Rozycki Medical Fund, Sooper
Credit Union, 5590 W. Evans Avenue, Denver, Colorado 80227. Account No. 738597.
Michael O'Beirne - 25 N. Cody Court, Lakewood, Colorado
Mr. O'Beirne stated that he wanted to talk about trust. Trust is something that
is very elementary to us as a community. We cannot go forward without a sense
of trust. He stated he was recently arrested and put into jail and spent a night
and a day in jail because he asked the Lakewood Police to help him with a domestic
issue between him and his wife. He stated he was charged with domestic violence
and he has to go through the system and will be for some time to come. Mr. O'Beirne
stated that he trusted the Lakewood Police to help him mediate a very difficult
situation and it didn't turn out well for him. He stated that the citizens trusted
City staff in 1998 to look out for their best interests and now 200+ pages of
ordinance revisions affect his neighborhood. He stated he was recently portrayed
in an article in the Lakewood Sentinel of being an ardent opponent of CCU and
their encroachment in his neighborhood. It is no wonder that we don't trust
government and become ardent opponents when things like this happen. Information
slipped into legislative issues have a ripple effect down the line. He stated
there was another article about him in the Lakewood Sentinel and the confrontation
he had with Councilor Murphy. He stated that he trusted Councilor Murphy to
maintain a sense of civility and he crossed the line. He stated that it didn't
matter to him one bit. He stated he respected Bob in their discourse. Mr. O'Beirne
stated he was very offended. He stated he seeks no retribution. He stated that
if we can't trust one another and if that is not an aspect of our community,
similar to the last gentleman who spoke, as his neighbors are trusting him to
act on behalf of their best interests, we trust our elected officials to act
on our best interests. There is no contract. There is nothing written. Now we
are faced with an issue where we invested ourselves in our government and were
betrayed.
Mike Mueller - 868 S. Owens Court, Lakewood, Colorado
Mr. Mueller stated that he agreed that the trust and the honesty in the City
is something we all need to abide by. He stated that he does not lie to City
Council. He stated that he thinks Mr. Murphy owes Michael O'Beirne an apology
and that is all he wants. He stated that if Mr. Murphy thinks it is politically
motivated as he said in the Sentinel, then he should prove it. Mr. Murphy should
make an apology and then move on. Mr. Mueller stated that there are enough headaches
in the Council right now, not to worry about this one that can be wiped clean
quick. To deny it, that's not right.
Councilman Murphy stated that Mr. O'Beirne and he had a very pleasant conversation last week at Mr. O'Beirne's initiation, in the Chambers at the Planning Commission meeting. He stated that they both expressed surprise at the scope of that story that was in the Sentinel. He stated that both expressed the fact that there is no problem between them. Councilman Murphy stated that they expressed the fact that they value each other's friendship and their mutual interest in the study of history. Councilman Murphy stated that at this point Michael O'Beirne left the Council Chambers. Councilman Murphy stated that he didn't know what took place in the Council Chambers. There were lots of people around and he stated that if he said or did anything to offend Mr. O'Beirne, he is very truly sorry. He stated that he valued his friendship and was encouraged by their conversation last week. Councilman Murphy stated that he looks forward to working with Mr. O'Beirne and his community to solve the problems of his neighborhood and the City as a whole. He stated enough had been said at this point.
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 7 - RESOLUTION 2003-13 - A RESOLUTION SUPPORTING THE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE IMPROVEMENT OF GARY R. MCDONNELL PARK
ITEM 8 - RESOLUTION 2003-14 AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD, JEFFERSON COUNTY, AND MUNICIPALITIES FOR THE ESTABLISHMENT OF THE FIRST JUDICIAL DISTRICT YOUTH ALCOHOL INTERVENTION PROGRAM
ITEM 9 - RESOLUTION 2003-17 A RESOLUTION FOR ACCEPTANCE OF BIDS AND AUTHORIZING CONTRACT FOR BEAR CREEK LAKE PARK SWIM BEACH SITE IMPROVEMENTS
ITEM 10 - ORDINANCE O-2003-6 AMENDING SECTION 1.16.040 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO GENERAL PROVISIONS
The City Clerk stated that the Ordinance and RFCA stated that second reading of this ordinance would be on March 10, 2003. This was an error. The second reading of this ordinance will be March 24, 2003.
ITEM 11 - APPROVING OF MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting February 10, 2003
Public Comments: None.
Councilman Murphy 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 date 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 Councilwoman Herbst.
Councilwoman Kesselman asked Mr. Williams to address Resolution 2003-17 regarding the specific types of improvements to be made at Bear Creek Lake Park Swim Beach.
Ross Williams, City Park Planner, stated that it included the creation of a paved overflow parking lot to the west end of the existing swim beach area at Bear Creek Lake Park. It includes a picnic shelter and, eventually, a restroom facility will also be built. Currently, the overflow parking goes on to a non-paved grass area to the east of the facility. This will help prevent some erosion and parking problems at the swim beach area.
Councilwoman Saum asked about the funding of the project.
Ross Williams stated that the City is funding 50% of the project through its attributable share of Open Space Funds and the other 50% is a grant from Open Space.
Vote: All Ayes. No Nays. The motion carried.
ITEM 12 - ORDINANCE O-2003-5 REZONE LAND LOCATED AT 1400 FENTON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
The applicant's representative Richard Miller, Attorney #7945, stated that this was an application for a rezoning from 4R to Planned Development. The purpose of the rezoning is to restore to conforming use. The property is currently non-conforming. The use that is there now has been there since 1964 and was conforming under Jefferson County zoning and initial Lakewood zoning. In 1980, it was rezoned to 4R. The use has continued. The property deteriorated under a non-conforming classification. Mr. Alinozi bought the property in 1999 and has made significant improvements to it and intends to further improve the property. In fact, he has been commended by the City of Lakewood and by his neighbors for the quality of care that he has given to that location. There are plans to further upgrade the site and have discussed those proposed upgrades with staff. Upon his application to upgrade the site, substantial additional improvements will be required to the property. He stated that they believe the application to be supported by the neighborhood. Staff also supports the application. Council has access to the thorough, competent, and professional reports. The Planning Commission has recommended approval of this proposal by a vote of 7 to 0. Mr. Miller stated that they believe the proposal is consistent with all of the applicable plans, the Comprehensive Plan, the Colfax Corridor Plan, the Mulholm Area Plan, and the applicable zoning ordinances. He asked Council for approval of the application.
Kara Mueller, Project Manager for RZ-02-008, stated that the rezoning case is a request to rezone the existing legal non-conforming use of the car wash which has been in continuous use since 1964 from a 4R, which is a medium density attached residential, to a PD, which is a planned development, for the purposes of legalizing the existing use and for the potential future expansion of the car wash. Staff recommends approval of this rezoning case. On January 15, 2003, the Planning Commission recommended approval with a vote of 7-0.
Public Comments:
James Vincent - 1401 Fenton Street, Lakewood, Colorado
Mr. Vincent stated that he supported the rezoning application.
Mike Blake - 2425 Eaton Street, Lakewood, Colorado
Mr. Blake stated he has owned the property at 2425 Eaton Street since 1984.
He stated he did not attend the Planning Commission meeting. He stated he is
concerned about the drainage situation. He stated that since the property was
purchased in 1999, there have been considerable improvements including pavement
of the whole area. However, the pavement has caused considerable drainage problems.
Mr. Blake stated he has had problems with the site for years with the site draining
into the alley. Last year, the City regraded the alley and he is appreciative
of that. He wanted to know if the applicant addressed the onsite drainage issue
and if they have improved the frontage to control their own drainage to keep
it from going into a common area. They did place a wall on the north side of
the property. The whole east side has just a pole fence. The drainage continues
to go to the northeast corner of the property which drains right down the alley.
Mayor Burkholder closed the public hearing.
Vince Harris, Manager of Development Review and Enforcement, stated that the Public Works Dept. is aware of drainage issues along the entire Colfax Corridor and additional improvements will be constructed in the future with the Storm Water Utility. This property has been paved since about 1964. There is no landscaping on the property. With the future addition proposed to be constructed to the car wash, there will be additional landscaping now on the site, which will create a less impervious area, which in theory would create less drainage coming off the site. Also, there will be some proposed engineering plans that would have to come in to alleviate some of the storm water flow coming onto the property and off of the property. The Public Works Dept. will evaluate any type of site plan and any ways to create some swells if there are potential problems with drainage now existing on the site to alleviate those in the future. When a site plan application comes in from the applicant, the drainage issue will be addressed.
Councilman Stevens asked staff to address the question regarding setbacks as asked about in a letter received from Karen Urban from the Two Creeks Neighborhood Association and her concern with the residential setback.
Kara Mueller stated that she spoke with Karen Urban a few times prior to the Planning Commission Hearing. The issue was the bays that extend toward Fenton Street. The normal setback without curb and sidewalk would be measured from the edge of asphalt which would be a 28' setback. For a typical commercial use, it would be 10'. On this property we are measuring 10' from the actual property line. It ends up being 19'7". Staff didn't think it was an extreme measurement into the setback from where the existing houses are sitting. At the Planning Commission Hearing it was discussed that the landscaping would go all the way up to that final bay and it will keep traffic from driving around the actual car wash. Karen agreed that that was a better design potential.
Councilman Murphy made a motion to adopt Ordinance O-2003-5 on second and final reading. It was seconded by Councilwoman Herbst.
Vote: All Ayes. No Nays. The motion carried.
ITEM 13 - GENERAL BUSINESS
None.
ITEM 14 - REPORTS
Mayor Burkholder
Mayor Burkholder stated that the Evergreen Chorale will be performing on Thursday,
February 27, 2003 at 7:30 p.m. at the Cultural Center.
He announced that City Council held their retreat last weekend. It was a reflective and positive day and a half. Economic Development and community outreach was discussed. Council is very proud of the direction the City is going and the many projects that are occurring which improve sales tax and thus, maintain the quality of services. Another positive aspect of the retreat was Council being able to look at us and develop that professional edge. He stated there was a great deal of trust and honesty and is pleased to work with each and every one of the Council members.
Councilwoman Herbst
Councilwoman Herbst announced the Martindale Neighborhood meeting being held
tomorrow evening at 7:00 p.m. at Deane Elementary School.
She stated that the Pilot Youth Commission will have an afternoon planning session at the Link on Saturday, March 15th from 2-5 p.m. They have invited both youths and adults to attend the planning session.
She announced that the Jefferson Gardens meeting would take place on Tuesday,
March 9th at 7:00 p.m. at the Washington Heights Center.
Councilwoman Wise
Councilwoman Wise announced the Prom Dress Exchange would take place on Saturday,
March 8th from 10:30 a.m. until 2:30 p.m. at Copperfields Event Center in Wheat
Ridge at 4901 Marshall Street. Interested persons should call 720-898-8388.
Councilman Stevens
Councilman Stevens announced that the Jewell and Wadsworth Business Association
meeting would be held on Tuesday, March 1st at 7:30 a.m. at Liberty Bank.
He announced the 4th Annual Citizens for Lakewood's Future Community Forum to be held on Saturday.
Councilwoman Martin
Councilwoman Martin announced her attendance at the Orphan Train Program sponsored
by the Lakewood Historical Society and encouraged others who were interested
in history to attend future programs.
Councilwoman Kesselman
Councilwoman Kesselman announced her recent attendance at the Park West Homeowners
Association Meeting. The drought and xeriscaping were discussed.
She also announced that Lakewood Sister Cities Program was seeking host families for the March 30th Big Band participants from Germany. Individuals interested in the Australia Student Exchange Program should contact the City Manager's Office.
Councilman Elliott
Councilman Elliott reminded residents of the Ward 4 Coalition meeting at 7:00
p.m. at the Christ on the Mountain Catholic Church in Rooney Valley.
ITEM 15 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder
adjourned at the meeting at 7:49 p.m.
Submitted by,
Margy Greer, City Clerk
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