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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 (Arrived at 7:05 p.m.)
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Jean Saum
Carol Kesselman
Absent: Jackie Herbst
Barbara Martin
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 recognized Boy Scouts from Troop #647 in Golden, who were in the audience to earn a merit badge.
ITEM 4 - RESOLUTION 2003-42 - APPOINTING A MEMBER TO THE LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE LICENSING AUTHORITY
Councilwoman Koop made a motion to adopt Resolution 2003-42, appointing Mr.
Mark Wolfe to the Liquor and Fermented Malt Beverage Licensing Authority. It
was seconded by Councilwoman Saum. Vote: All Ayes. No Nays. The motion carried.
ITEM 5 - RESOLUTION 2003-43 - RE-APPOINTING MEMBERS TO THE LAKEWOOD PLANNING
COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2003-43. It was seconded by Councilwoman Saum. Vote: All Ayes. No Nays. The motion carried. This resolution reappointed Bonnie Malm and William Marino to the Planning Commission.
ITEM 6 - PUBLIC COMMENT
Leo Johnson, Chairman of the West Metro Fire Protection District, 8683 W. Progress
Place, Littleton, Colorado 80123.
Mr. Johnson stated that he wanted to make the Mayor and City Council aware of
the potential impact to the public safety of Lakewood citizens. Recently, West
Metro got a shocking wake-up call to the impact of the Lakewood Reinvestment
Authority Redevelopment Agreement. West Metro, as a district, derives its financing
from property tax mill levy. The West Metro Fire Protection District has never
been made aware of the planning or development of the Authority, which by current
design drains millions of dollars from the operation of West Metro Fire over
the next 20+ years because of its subordination of a tax base. He stated that
the Belmar project impacts West Metro to the cost of $108,000 per year. That
is equivalent to one ambulance, or two firefighter/paramedics each year for
approximately 20 more years. The Villa project across Wadsworth will impact
the District $20 million. That's West Metro's fire truck fleet replacement cost
for the next 20 years along with renovation of several fire stations in Lakewood.
Reduction of West Metro's capability will affect citizen safety and may drastically
affect the businesses in the development. Lack of funding could reduce capability,
which will affect the current ISO fire rating, which in turn may increase business
insurance rates and could very well impact bond pricing. This is a very serious
situation. Mr. Johnson urged City Council to direct a major staff effort to
work through this problem with the West Metro Fire Protection District immediately.
Pauline Kendall, Snowbird Condominium Complex, Ward 5, borders on office property.
Ms. Kendall stated that a doggy day care is being allowed to open on one of
the properties. She stated she attended a Council meeting on March 24, 2003,
expressing concerns as to why there are no ordinances in place for doggy day
cares. She asked City Council if they had taken it under advisement and if the
Council is intending to draft ordinances for doggy day cares.
Mark Burgdale - 13411 W. Florida Avenue - Lakewood, Colorado
Mr. Burgdale stated that there is a piece of land on West Alameda and West Florida
that is planned for development. He stated his understanding is that it is zoned
for 60 units for condominium development. Mr. Burgdale stated that the parcel
of land was originally purchased for $50,000 due to delinquent taxes. That same
parcel today is now on the market for $1 million. On behalf of some of the residents
of Green Mountain, he would like to make City Council aware of this and asked
Council to work with them to make sure the developer follows all the procedures
and that all the residents of Green Mountain are kept informed of what is occurring
with the development. The impact upon the community is critical. The access
to it will create more traffic on West Florida as well as on West Alameda. People
whose homes back onto the property, their property values will be impacted.
Instead of being open space, they will have 60 condominiums sitting on their
back porches. Mr. Burgdale asked for the support of the Council to watch this
very closely.
Vince Harris, Manager of Development Review, stated that the private property near the intersection of Alameda Parkway and West Florida. He stated the property was zoned in 1972, 21 years ago, and allowed the multi-family use on this specific parcel. The zoning approved for the property is PD, planned development. It is named the Green Mountain Village Addition. The property has always been private property and has never been owned by the City of Lakewood. The subject multi-family property is approximately four acres in size. It is uphill from Beech Park, which was also dedicated in 1972 when Hutchison Homes subdivided the property. To date, the property owner has only submitted a pre-planning application to the Planning Department inquiring about the required development standards for the property, if they, or any other future property owner, wants to develop that property. No formal site plan has been submitted to staff. In staff's review of the PD which was approved in 1972, it specifically states that approval of any site plan for the multi-family uses allowed in the PD are required to be reviewed by the Lakewood Planning Commission for a recommendation to the City Council, who will then decide on a final site plan to be approved. That final site plan can be approved if it meets the standards as outlined in that planned development. Therefore, any proposed site plan will then be reviewed by both the Planning Commission and City Council and both will conduct public hearings. Notice of those hearings will be as required and only if a complete application is submitted to the Planning Department.
Councilman Murphy asked about the public hearing notification process.
Vince Harris stated that since the 1972 planned development did not set standards for notification, staff would default to the current notification process which includes notification to all residents within 500' of the property and all homeowners associations that are within 1000' to be notified. The applicant would be required to get those property owners names from the Jefferson County Assessor's Office. Anybody else who contacts the Planning Department will be added to the list, as well.
Mayor Burkholder stated that he would add everyone on this night's public hearing roster to the notification list, as well.
Councilman Booher asked, since the property is already zoned PD, if Council would have a vote on the site plan.
Vince Harris stated that the PD indicates that the Planning Commission will review the site plan and they will make a recommendation to City Council. It would be City Council's decision whether to approve the site plan or not. There are specific standards, and if the site plan meets the standards, it should be Council's position to approve it.
City Manager Mike Rock stated that the site plan is technical and City Council has limited discretion in the matter.
Councilman Elliott stated that he has received several emails and he will turn those over to the City staff so those people will also receive notification of the public hearings.
Councilman Stevens asked if there would be neighborhood meetings between the developer and the neighborhood to solicit any type of input.
Vince Harris stated that that process is required when a property is rezoned. That process is not required with a site plan approval. He stated staff would work with the applicant and encourage him to involve the neighborhood.
Cici Kesler - 13585 W. Colfax Avenue - Lakewood, Colorado
Ms. Kesler stated she was representing the Baldwin family who own the property
at Colfax and Wadsworth, also the Mildred Reed Ryland Estate of Trust. The Baldwins
have owned their property since 1922 and the Ryland family since the early '30s.
She stated they have been waiting diligently for over three years for Mark Goldberg
or Walmart to step forward and finally buy this property. When this didn't happen,
the 15 representatives decided to allow Ms. Kesler to put up a sign. She stated
they have obtained a legitimate buyer. The buyer came to the City and their
commercial use of this commercially zoned property was squashed. Ms. Kesler
read some statements from her clients which she said were in their 50s, 60s,
70s, and 80s, who are waiting to sell the homestead: "This development
offers new structure, new gross receipt, and new lifeblood to the corner. It
does nothing to detract from the development of Wal-Mart." "This is
not a policy of action which will help Lakewood to become an outstanding place
in the world. " "It seems unfair that Lakewood has developed the power
to usurp individual initiative and normal business development. I don't believe
in allowing these policies such as this to grow and become the rule, rather
than the exception." "They could hold us up for years and finally,
snicker when the property is sold through tax default." "I'm opposed
to allowing municipalities the opportunity to use their power to destroy free
enterprise, whether or not I am involved personally. The City has created a
blight situation by this activity." "It is a corrupt manifestation
negated at the whim of the City's fathers. We are a victim of the policies of
the City and it has taken away our livelihood." "If the City/Wal-Mart
wants to buy the property, they need to commit to us, all of us, when are they
going to do it? How much and when is the closing?" Ms. Kesler stated that
Lincoln said, "Those that deny freedom to others, deserve it not for themselves
and under a just God cannot refrain it." She stated that she does not want
this travesty to continue. They are anxious for a resolution.
Bob Miller - 14151 W. 4th Avenue - Lakewood, Colorado
Mr. Miller stated that there is an exciting new program starting in Lakewood
due to the young suicide of high school students at Green Mountain High School.
In response, a group of members of Green Mountain Presbyterian Church determined
that support and assistance ought to be provided to the administrators, councilors,
and students. Through a series of meetings with the school officials, it was
decided that a fund would be established to be available to students who had
been identified by the councilors as potential suicides and who didn't have
the financial resources or insurance to cover the costs of professional mental
health therapy. A run/walk fund raising last year raised about $4,000 which
was made available to the necessary students at Green Mountain High School.
A number of mental health professionals were contacted and agreed to take the
students at a reduced hourly rate for a maximum of six sessions. Other schools
were also served. By the end of the school year, 21 identified students were
helped. No suicides happened during that year. Support is now being offered
to help a larger group of students throughout the Jefferson County schools.
Mr. Miller asked for support of the "Second Wind Program" which is
the only program totally directed to address student suicides.
Jeff Lamontagne - 571 S. Taft Street - Lakewood, Colorado
Mr. Lamontagne stated that the $4000 which was raised for the Second Wind Program
has been used. More funding is needed. Sunday, September 14th at 12:00 noon
on the corner of Mississippi and Alameda marks the flagship event. It will be
a 1 mile - 3 mile run/walk event. Adult registration fee is $20, for students
and kids, it is $10, or $30 in pledges covers the fee. There will be a free
picnic with a live band after the walk/run event. He asked the public for their
support in the event.
Loren Hettinger - 13161 W. Montana Avenue - Lakewood, Colorado
Mr. Hettinger stated that the development on W. Florida and W. Alameda Parkway
has him concerned about the wildlife connectivity and movement corridor through
the area and the impacts on the wildlife. This is the area where the headwaters
of the stream system connects to Bear Creek. It doesn't run very often, but
it does flow some of the time. A resident of the area, he stated his concern
of the impact of drainage control and sedimentation that may occur.
Michael Hallerine - Green Mountain Resident
He stated that the development area has been used for years as open space. People
use it for biking and walking their dogs. Everyone assumed it was open space.
He stated that Lakewood has a sign that says it's a place of a future park.
He stated it is his understanding that Lakewood owns the land on each side of
the property and since the property is for sale, he stated Lakewood should consider
purchasing the property under eminent domain. It has never been posted as private
property. Green Mountain has a lot of long time residents and there is some
concern that the rezoning of the property did not have proper notification and
proper posting because nobody seems to know about the zoning change. There was
some confusion here tonight when the zoning change occurred. There are residents
that have gone down to the City Planning Dept. asking about the zoning changes
and they said the City Attorney's have to review it. He stated that if Lakewood
is going to build a park, this is the time to purchase the land and make sure
it doesn't get developed. He thanked Councilmen Booher and Elliott for their
interest in the matter.
Jim Stockwell - 13172 W. Montana Avenue - Lakewood, Colorado
Mr. Stockwell stated he was protesting the development. It will impact the area
in many ways which have already been explained tonight. He stated he has lived
there for 30 years and has always enjoyed the wildlife that come to the open
space areas and green belts. There is a sign stating it is a site of a future
park. He stated he felt the land should be rezoned and Lakewood should rezone
it as park. It should all be park from West Alameda to the property. It would
be ridiculous for the City of Lakewood to allow someone to build condominiums
that are 6-stories high on 2.3 acres of land. This is what he was told. If the
City will not do something about this, then the citizens themselves should do
something to stop this.
Jose Caban - 1835 S. Yank Court - Lakewood, Colorado
Mr. Caban stated that he used to live on W. Florida near the property being
discussed tonight and condominium construction will impact natural migration
of the deer and the traffic in the area. He thanked Council for their time.
Don Ferega - 13647 W. Montana Place - Lakewood, Colorado
Mr. Ferega stated that most of his concerns have already been addressed. He
stated that Jefferson County's Open Space website actually shows that parcel
of land as public land/park. Certain individuals have suggested that the City
take some action to acquire the property and added to the suggestion that the
City consider options that might be available with Jefferson County Open Space.
He thanked City Council for their time.
Councilman Stevens asked if there was some land set aside for a city park and
asked how the confusion came about and why the County would be showing that
as open space.
Vince Harris stated that he did not have an answer. He stated he would look
at the County's website and look at it.
Mike Rock stated there are no signs on the private property that belong to the City.
Councilman Elliott stated that he drove by the property and can understand why a misunderstanding exists. The sign does exist, but it is not clear as to where the exact park area would be located.
Diane Hindman - 13478 W. Montana Place- Lakewood, Colorado
Ms. Hindman thanked the City Council for their patience in listening to their
comments. She stated her and her husband are 40-year residents of Green Mountain
with 30 years in their current home. She stated they are concerned about the
possibility of multi-family units being built in close proximity to their home.
Such a development would put undue pressure on existing schools and roads, have
a negative impact on the wildlife, put excess demands on water, fire protection,
and sewer facilities, and added noise and air pollution, as well as the negative
impact on property values. She asked the Council to examine alternative plans
for this property including rezoning to single family residential housing, or
purchasing that section of land and adding it to the Lakewood city park space
on which it borders. Mr. Hindman asked Council to help them preserve their neighborhood.
Mike Mueller - 868 S. Owens Court - Lakewood, Colorado
Mr. Mueller stated that he wanted to ensure everyone that he has always been
respectful to Ms. Herbst and her family. He stated her children are lovely lovely
people. He stated he did not want to revert to the Police Department, nor waste
the court's time in this matter, neither one suggests there was anything illegal.
He said to be a public servant, the morals, integrity and ethics must be unquestionable
and of a higher standard. To be caught in this situation is unfortunate for
their families, embarrassing for the City, and leaves the door open for someone
unscrupulous that needs their vote. The worse part of this is that Council has
known about this for a year and a half and has done nothing. That is reprehensible.
He stated ehy all know he is telling the truth. One will try to spin what has
happened to make him or someone else the scapegoat, but the blame lies with
Council. He stated that Council is wrong if they think he followed them and
if they think they were set up. He stated it is ignorance and arrogance that
got them into the situation and they are bad, bad traits for a City Council
person. Two weeks ago the Mayor said this was a City of family values, but this
does not pertain to this Council. He stated that these council members should
not be reelected to Council.
Walt Heidenfelder - 13009 W. Ohio Avenue - Lakewood, Colorado
Mr. Heidenfelder stated he does not condone personal attacks against council
members or anyone else. He stated he finds it very disturbing. He stated that
several members in the community attend meetings in the area regarding issues
affecting seniors. They recently attended a meeting with representatives from
Washington D.C. to discuss Medicare and Medicaid issues. It was learned that
the representatives were not here to discuss, but to convince us that Medicare
is a bad deal and it needs to change. Among the reasons given is that the present
programs are subject to fraud. The proposed Bill would end up forcing seniors
out of Medicare to private plans with serious consequences to those that do
not do so. AARP is opposed to the revision in the Bill. He asked people to tell
their members in Congress to protect the traditional Medicare program and oppose
the Premium Support provision. Please call and oppose the provision in the Bill.
Johan Cohen - 1208 S. Brentwood Street - Lakewood, Colorado
Mr. Cohen stated he was President of Lakewood's Citizens for Open Space. He
stated the City is spent $1.2 million of Conservation Trust Funds and about
$200,000 of JeffCo Open Space funds on a building that is nearing completion.
These funds could have been used to purchase more land. He questioned the Council's
stewardship and asked them to revisit it.
Amy Perkins - 13483 W. Oregon Court - Lakewood, Colorado
Ms. Perkins stated that she lives at the end of the cal de sac on Oregon Court
and parks her car in front of the sign that says that there is a future park
site, so there is a sign there. She stated she rented the house there because
of the beauty in that open space. She stated there is nothing more beautiful
than seeing a family of deer coming across the open field. She stated she agrees
with the many comments she heard tonight. She stated that it is a shame that
politics get in the way. She stated she is opposed to the condominiums being
built there.
Maureen Nicolaif - 1471 S. Arbutus Place - Lakewood, Colorado
Ms. Nicolaif stated that Green Mountain has always marketed the area because
of the many open space avenues. That has always been a selling point in promoting
Green Mountain homes. The close neighbors that live on this particular site
paid a premium price for their homes, not with the belief that it was land available
for sale, but that it was land that could not be developed. She stated she is
concerned that other open space in the area may be sold for such a small amount.
The signs were in place at one time.
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that he is embroiled in another controversy. He stated that
he hates it and it is not where he saw himself getting involved in City government.
He stated he does not want to be party to destroying families and destroying
lives. Mr. Booher was not an accessory to this. There are other issues that
must be dealt with. He stated we are in an environment of declining federal
tax receipts, declining state tax receipts, declining city tax receipts. Mr.
O'Beirne stated, to delve in the deep murky pool of slander and invective is
not where he wants to be. He stated he hopes individuals who make a business
of stirring up the pot are unnecessary and when they get into personal space,
he will evaluate it. He stated he did not want to be party to this. He stated
he cannot live with himself knowing he was involved with, something that even
created the impression, of salacious activities. Council representatives should
decide what action is necessary, but may not count on him to drag people down.
Linda Housley - 8995 W. Bayaud Avenue - Lakewood, Colorado
Ms. Houseley stated her family moved to unincorporated Lakewood n 1957 and she
has lived in Lakewood for 46 years. She raised her children here. Three of her
children live here and raise their children here. She stated she has seen the
City grow and shine and rival any city in the country. She has always been proud
to call Lakewood her home. She stated she had been proud up to last Friday morning
when she opened the newspaper. She discovered that Lakewood now stings with
murky intrigue that has erupted in what they call Peyton Place fashion. It spoke
of feuds between City Council members, sneaky photos at a hotel, an explosive
situation fiasco, an election night assault, people hiding in bushes, restraining
orders and arrest, harassment and victimization. There was not one victim present
during the June 9th episode that the article referred to. The real victim is
the City of Lakewood and its citizens who voted to entrust the City's welfare
to the elected officials. Some of who have exercised very poor judgment in exposing
the City to such scrutiny and reckless abandonment. She stated the City deserves
more than that. Ms. Housley stated that she went on the Lakewood website and
she pulled what City Council put together and printed it out last year on March
8th called "City Council adopts core community values." Some of the
things include the City Council belief system where it says Council actions
will be taken with honesty, integrity, and with commitment to communicate openly
and with candor. Council will be accountable to the community. She stated that
her neighborhood worked with City Council on the CCU issue and it was a wonderful
experience. She asked that Council address some of the issues at hand so everyone
can get on with business.
Peter Shaftner - 1710 South DeFrame Court - Lakewood, Colorado
He stated he was an engineering geologist working in the Lakewood area for the
last 24 years and has concerns about the parcel of land on Green Mountain. One
of the issues is going in and bulldozing the top of a major drainage and eliminating
all the infiltration capacity that is there and putting up condominiums that
make no science or engineering sense whatsoever. He wanted everyone to understand
the misleading information out there. When he purchased his property, he went
to the U.S.G.S. on the internet and pulled the maps. He stated that area is
labeled as Beech Park. Topozone.com on the internet has all the U.S.G.S maps.
That entire area is labeled as a park by the U.S.G.S. Increase of runoff is
a problem as more and more building is done in Lakewood. They seem to take no
account for the science of changing the drainages in these areas and what happens
downstream. This drainage runs for miles and miles. He asked Council with help
in this matter and get involved with the science and engineering aspects of
the property.
Mayor Burkholder thanked the citizens for their comments.
Councilman Murphy stated that he believes it is important for everyone to understand all the facts. For those interested in the situation, he suggested the citizens stay involved. A fact sheet will be made to reiterate some of the issues Vince Harris mentioned earlier. The process is very open and public. Names and addresses can be given to your Council representatives and the flyer will be distributed to those individuals.
Councilwoman Kesselman stated that she and Councilman Murphy have served on the Planning Commission and have looked extensively at looking at some of the land use issues in the City. The Council is certainly committed to assuring that all the issues are looked at before decisions are made. Planning Commission will have a hearing on the issue as well as City Council.
Vince Harris stated that staff is working on a proposed amendment that would be forwarded to the Planning Commission for a recommendation to City Council for an amendment to include the dog day care or what will be termed "small animal care" as a use that is listed in the zoning ordinance. Currently, it's not a listed use and, at times, staff has to interpret "like" uses when not listed in the ordinance.
City Manager Mike Rock stated, that regarding the comments made about the property at Colfax and Wadsworth, land acquisition negotiation is not done in public meetings with realtors or with the property owners. Eckert Drugs did look at that particular site. They looked at a number of sites in Lakewood. They frequently sign contracts that allow them to conduct due diligence or a detailed review of a site. They decided to pass on this particular site and pursue other sites in Lakewood. They let the property owners and the City know that. This particular property has been under-utilized for the last ten years without any activity by the private sector to redevelop it. The City's involvement in the property has been relatively recent and for many, many years the property sat undeveloped because of the complexities of pulling all the properties together and the complexities of dealing with very expensive drainage issues. A redevelopment agreement is expected to be before Council at one of the next couple of meetings.
Regarding the comments from West Metro Fire, Mr. Rock stated that the City has had and will continue to have a good working relationship with West Metro Fire. Many discussions have taken place at both the staff and Continuum level with the staff of West Metro Fire. There is an impression that somehow existing tax revenues to West Metro Fire would not be available in the future and that is not the case. The value on the Villa site has been going down since the mid-1990s and each year the amount of tax revenue available to all of the entities that serve that site reduced as the value reduced. The urban renewal project has had the effect of freezing or arresting that decline, ensuring that the existing tax base remains in place and then creates an opportunity for an increased tax base in the future. Were it not for this project, that tax base would continue to dwindle. Discussions will continue with West Metro.
Mr. Rock stated that because land is vacant does not make it open space. Questions regarding the zoning of certain properties can be directed to the Planning Department.
Councilwoman Saum thanked Mr. Cohen for coming forward and reminding the Council of the Citizens for Open Space. She stated she was very impressed with the group and is hopeful that they could be an advisory to the City on Belmar Park. She asked Council to determine what the role for the Citizens for Open Space Committee is with the City.
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 7 - RESOLUTION 2003-44, REVISED VERSION DATED 6/23/03, WITH EXHIBIT 1 ATTACHED FOR APPROVAL OF THE FIRST AMENDMENT TO PUBLIC FINANCING AMENDMENT BETWEEN THE LAKEWOOD REINVESTMENT AUTHORITY, THE CITY OF LAKEWOOD, CONTINUUM LAKEWOOD DEVELOPMENT COMPANY, LLC, AND THE PLAZA METROPOLITAN DISTRICTS NOS. 1, 2 AND 3 AND AFFIRMING AND RATIFYING CERTAIN OTHER AGREEMENTS.
ITEM 8 - RESOLUTION 2003-45 SUPPORTING THE CREATION OF THE COLORADO FUEL CELL INITIATIVE AND FURTHER DECLARING THE CITY OF LAKEWOOD'S SUPPORT IN THE EFFORT TO MAKE JEFFERSON COUNTY THE HOME OF THIS EMERGING INDUSTRY
ITEM 9 - RESOLUTION 2003-46 AUTHORIZING AN AMENDMENT TO THE CABLE COMMUNICATIONS FRANCHISE AGREEMENT WITH WIDEOPENWEST COLORADO LLC
ITEM 10 - RESOLUTION 2003-47 APPROVING CONSENTING TO THE CHANGE OF CONTROL OF THE CITY'S CABLE FRANCHISE AGREEMENT FROM WIDEOPENWEST COLORADO, LLC TO CHAMPION BROADBAND, LLC
ITEM 11 - RESOLUTION 2003-48 FOR THE ACCEPTANCE OF MISCELLANEOUS DEEDS AND OTHER PROPERTY INTERESTS FOR WEST TWO CREEKS NEIGHBORHOOD PARK GENERALLY BOUNDED BY WADSWORTH BOULEVARD, WEST 12TH AVENUE, UPHAM STREET AND WEST 10TH AVENUE
ITEM 12 - RESOLUTION 2003-49 AUTHORIZING THE DONATION OF ANIMAL CONTROL VEHICLE TO TABLE MOUNTAIN ANIMAL CENTER (TMAC)
ITEM 13 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Heritage, Culture & The
Arts Commission Meeting May 21, 2003
Mayor Burkholder stated that public comment would serve as the public hearing on Agenda Item 10, Resolution 2003-47.
Public Comment:
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that there are a lot of positive things happening in the
City. He stated he has diverted his focus away from other things and has focused
on the big picture for some time. Item 8, Resolution 2003-45, the creation of
the Colorado Fuel Cell Initiative is very close to him. He thanked Cheryl Wise
and Tom Booher, who have stuck with him and listened to him. Bob Murphy helped
him engineer something that will help serve this city for generations to come.
Despite the nastiness that can erupt out of the political process, legislation
that is going to evolve the state and the state will be featured in its rightful
place among other states in the union. It has been hard to deal with colleges
and universities and it is hard for Tom to rise into a position of high esteem
again. Fuel cells are an enabling technology, so much of what the world is focused
on now is mitigating the environmental consequences of green house gases. They
are going about it in a market way to mitigate the effects. He stated it's good,
not just for the environment, but it's always good for core values, which is
as a corporate structure. When Queen Elizabeth I sent out her first ships, it
was to chart on a capital venture. Now, we're embarking on new technology that
will allow us to maintain our place in the world market as an industrial power.
The European community has taken the lead by throwing a lot of money at technology
that doesn't work. The United States has been very pragmatic about wading through
technology. Hopefully, Lakewood will assume its place to form an incubator in
environment so that quality market-ready applications can emerge out into where
they are best. He thanked City Council for putting forward this legislation.
Councilwoman Wise stated that the initiative that the resolution talks about
boils down to an incredible rare opportunity for Lakewood. It is an opportunity
to lure business and high paying jobs to Lakewood and the entire area. This
initiative reflects the business philosophy of the Council and the City of Lakewood.
There are currently 24 companies in the Metro Area that are doing business in
the distributive industry. This particular industry provides the bridge between
the public and private and state and national interest groups. The global economy
here is being talked about. Lakewood happens to be the lynchpin that may enable
the technology between all those industries. Lakewood could become globally
known and have everything based here. Other countries are anxious to grab this
opportunity. She stated she would be supporting the resolution.
Mayor Burkholder stated that no dollars are being spent on this initiative from
the City of Lakewood's General Fund.
Councilman Stevens stated that this month's edition of PC Magazine has a large article on fuel cells. Toshiba is actually working on a fuel cell to power a laptop computer. It is a valid and hot technology.
City Manager Mike Rock spoke about the Amendment to the Public Finance Agreement. He stated that the City created an urban renewal project in May of 1988 along the Alameda Corridor, entered into a redevelopment agreement with Continuum in July of 2001 and further revised that in September of 2001. Finally, the City entered into a finance agreement with Continuum to redevelop the Villa site in December 2001. He stated the project required massive private investment to acquire the land, acquire the buildings, acquire the leases, level the sites, create underground utilities, and completely transform the site into a grid street pattern with places for parks and pedestrians. In the process of redevelopment, there is also a role for the City and the Lakewood Reinvestment Authority. Continuum is awaiting the sale of bonds in order to undertake some large improvements. There is no City debt associated with this project and there is no pledge of funds outside of the urban renewal area. Mr. Rock explained the roles of the Metropolitan Service Districts and the purchase and selling of bonds to finance the project. The finance structure is well done and the Amendment will help implement what has already been agreed to. Timing is of the essence as it is now time to build the vertical buildings. As soon as the bonds are sold, they will have the proceeds to do that.
Councilman Stevens asked if the hierarchy is the sales tax revenue and then the property tax revenues.
Mr. Rock stated that was correct.
Mr. Rock stated that the City has a two-cent sales tax. On this particular site, the City agreed to collect only one-cent and waive the other penny, and that penny is then rolled into a public improvement fee. The benefit that creates to the taxpayers is the City is only collecting a portion of the revenue available to us off the site, but because of the activity on the site, the City anticipates collecting over $100 million in revenue over approximately a 25-year period of time. That is more than we would have collected at the two-cent rate had the redevelopment not occurred. At the time the bonds are completely paid, the City would then collect its full two-cent sales tax.
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 Saum.
Vote: All Ayes. No Nays. The motion carried.
ITEM 14 - ORDINANCE O-2003-16 AUTHORIZING AN EASEMENT AGREEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR UNDERGROUND WATER LINE AND RELATED FACILITIES THROUGH THE CITY MAINTENANCE SHOP FACILITY AT 850 PARFET STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
Councilman Murphy made a motion to adopt Ordinance O-2003-16 on second and final reading. It was seconded by Councilwoman Saum.
Vote: All Ayes. No Nays. The motion carried.
ITEM 15 - ORDINANCE O-2003-17 AMENDING THE LAKEWOOD ZONING ORDINANCE ARTICLE 2, RELATING TO THE DEFINITIONS OF SCHOOLS AND COLLEGES AND UNIVERSITIES, ARTICLE 5, RELATING TO THE LOCATION OF SCHOOLS AND COLLEGES AND UNIVERSITIES, AND ARTICLE 6 RELATING TO COLLEGES AND UNIVERSITIES AS A SPECIAL USE
Frank Gray, Director of Planning and Community Development, stated that approximately six months ago, City Council adopted a definition of "household" as it related to an ordinance they passed regarding college student housing. At that time, City Council also recognized there was an issue with the definition of "school" in that schools were permitted in all zoning districts in the City, and yet all schools were not the same. Planning Commission was asked to study that matter with the community and make some recommendations to Council, which are being presented tonight. Those recommendations are being made to City Council by the Planning Commission with a unanimous 6-0 vote.
The Planning Commission determined there were several types of schools that needed to be addressed in the community. One type of school was the traditional schools that we see disbursed throughout neighborhoods, the Pre-K, K-12 schools. The second kind of school found throughout the community in several places are colleges and universities. The third type, being vocational, trade, and professional schools. The Planning Commission did a great deal of listening to the neighborhood and the neighborhood concerns. They did a great deal of discussion among themselves as to the long-term solutions to the issues that were raised. They also asked staff to research throughout the United States, what other communities had done in relation to this. What they found were not unusual, some communities chose to ignore it completely, and simply did not deal with the issue and permitted schools to go anywhere within the community. Others were high regulatory as to where and what kind of schools could go where. After looking at the balance necessary for Lakewood and looking at the desires of all the parties involved, and the interaction of the school institutions to the neighborhood, Planning Commission agreed with the recommendation before Council tonight. The recommendation is that in the R2 and lower residential zoning districts, that colleges and universities and vocational schools not be permitted, not allowed under any circumstances. In the R3 zoning district, which is a multi-family zoning district, that colleges and universities would be permitted by a special use permit, but vocational schools would not be allowed. In the R4, R5, and R6 districts, colleges and universities would be permitted as a use by right, as well as in the office, commercial, and industrial zones. Vocational schools would be permitted as a use by right, only in the office, commercial, and industrial zones. Pre-K and K-12 would be permitted in all zoning districts. This was a compromise between the needs and desires of educational institutions, the compromise between some assurance to the neighborhood that under no circumstances would certain kind of uses be allowed in the lower density residential neighborhoods, but where it was more compatible with the higher density residential, that they be permitted. Also, it was a compromise to assure colleges and universities that there would be permitted zones for them to develop, not only their classrooms, but also the housing that is necessary for colleges and universities to exist.
Public Comments:
Celeste Fleming - 435 Carr Street - Lakewood, Colorado
Ms. Fleming stated that the issue of transient use of college student housing
in R4 and R5 zones needs further study.
Sue King - Did not wish to speak, but was in favor of the question.
David Wolfe - 18 Balsam Street - Lakewood, Colorado
Mr. Wolfe stated he was President of the West Alameda Heights Homeowners Association.
He stated he appreciated the hard work of the Planning Commission on this issue.
The proposed ordinance addresses several of their concerns, however, there are
remaining problems. Prior to 1996, the only uses allowed in all residential
districts, regardless of density, were residential uses appropriate for the
density and certain other public uses. No sort of commercial uses were allowed
in all these residential districts. The proposed ordinance would still allow
all of college and university uses under special use permits in 3R districts
and as a use by right in higher density districts. There is no reason why certain
college and university uses should be a use by right in any residential district,
including higher density ones. A college can have an auto pool similar to the
vocational schools and do their own maintenance. If it's not appropriate for
a vocational school in any residential zone, then why is it appropriate for
a college to have a use by right to have an auto maintenance facility, or ag
school cattle barn, etc. in a 5R or 4R, or 6R zone. Other college and universities
might be considered in higher density districts, but only under special use
permit, which allows public participation. He asked Council to allow college
and university uses in 4R, 5R, and 6R, only under special use permit. Mr. Wolfe
also asked Council to prohibit all college and university uses in 3R, or the
duplex districts, which have much more in common with single family districts
than they do with apartment and mobile home districts. He stated another problem
is the lack of amortization for uses that are to be called "student living
units" under the proposed ordinance. The general amortization provision
in the zoning ordinance grants a variance for all non-conforming uses unless
they cease operation for 180 days. If they cease operation for 180 days, they
would lose their variance and the use would have to cease. CCU does not need
contracts to manage student living units in the summer. If the contracts have
expired or severed, it's because it is summer time. In the fall, they can choose
to renew their contracts without having had a 180-day interruption. Their variance
would be continued under that circumstance. He asked that City Council impose
a 45-day amortization only on student living units and only in single family
and duplex zones. If CCU intends to continue to be dis-involved with the single
family and duplex homes, this will impose no hardship on them. It will also
allow continued use of the apartments as student living units and the art and
music buildings, but will prevent continuation of the existing study living
units in 2R or 3R if CCU has a change of heart in the fall.
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that he thinks it is a reasonable compromise. He stated
he is in the unique position in that his efforts are going to depend upon colleges
and universities and a direct collaboration of colleges and universities. What
is heard from the planning community, respect in the process what colleges and
universities do should take into consideration the areas in which they do business.
With our efforts, we have already moved to put our research facilities in an
area with the least impact on the surrounding community. Respect, colleges and
universities should respect the surrounding community and he believes this legislation
makes it possible so the citizens can be protected to a certain degree; at the
same time, it does not hamstring the future development of colleges and universities.
Robert Baker - 50 South Cody Street - Lakewood, Colorado
Mr. Baker stated he was the President of the Mid-Lakewood Civic Association.
He stated the proposed ordinance change regarding college and university uses
in residential zoning in conjunction with the recently passed ordinance prohibiting
large numbers of unrelated people from renting homes in 1R through 3R zones
goes a long way toward stopping further encroachment of student housing into
the lower density residential neighborhoods. However, there are still seven
additional single-family homes which typically would not have been purchased
as rentals, being used to provide student housing for CCU. While CCU and their
closely tied investor may be operating in a way that satisfies the letter of
the law, at least as far as city staff is concerned, especially within the limits
of their perceived powers of enforcement, whether real or conveniently imagined,
the neighborhood still suffers from the annoyance and uncertainties of excessive
activities in and around these houses. The uncertainty of who controls these
houses. The uncertainty of who our neighbors are and the uncertainty of the
validity of the city's interruption of current and future zoning ordinances.
Since it may not be possible to legislate a completely satisfactory solution
to all of the concerns without resorting to a voted initiative, the mid-Lakewood
Civic Association and West Alameda Heights, are asking, in the spirit of improving
relations with the neighborhoods, that CCU refrain from any involvement, either
directly or indirectly, which actions, facilitate and further the interests
of the owner of these properties. Publicly agreeing to do so, CCU could demonstrate
a willingness and commitment to restore the characteristics that largely existed
in the neighborhoods prior to last year, when these properties were purchased
for CCU's purposes. It is our hope that the owner will be inclined, sooner rather
than later, to decide to sell all seven of these properties. If sold, given
the price range of these homes and the economics of rental properties, it would
be a high probability that these houses would be acquired by owner occupants
and not be purchased by investors. Additionally, he requested a statement of
clarification from staff as to what "control" means in the proposed
ordinance. He also asked for the City's position on the nature of existing or
previous relationships with CCU and the owner of these properties. He asked
what the impact was of the passage of this ordinance on the continued use of
these homes. If the ordinance is passed without change, we are counting on continued
prohibition of granting a special use permit in 3R unless a property is on a
collector or arterial street, despite any changes that may come about as the
result of performance based standards. Not all college and university uses are
appropriate even by special use permit in 3R and certainly in and all uses are
not appropriate by right in high density residential zonings as proposed for
4-6R.
Dorothy Wisecarver - 8655 Meadowlark Drive - Lakewood, Colorado
Ms. Wisecarver stated that it should not have been necessary for them to be
here discussing this proposed ordinance. Before 1998, colleges and universities
were not a use by right in any residential zone category in Lakewood. The use
was cleverly and deceptively inserted into a 220+ page zoning code in 1998 as
a use by right in all residential zoning. Council minutes reflect that the zoning
changes were explained to Council by City staff as housekeeping in nature to
make the zoning code more user friendly. That addition made a major zone change
for all residential areas in Lakewood. Former City Council member Kathy Knoble
and a couple of other council members on that City Council in 1998, apparently
believed the user-friendly explanation, didn't realize that this use had been
added to all residential zoned categories. Kathy testified before the Planning
Commission recently regarding this issue and stated that it was not the intention
of that City Council to create such drastic changes for Lakewood neighborhoods.
Tonight's ordinance removing colleges and universities as a use in R1A through
2R partially corrects passed misdeeds. She asked if colleges and universities
are to be allowed in 3R through special use permits, based on performance-based
standards, the standards should be in place tonight as part of this ordinance,
not left to be formulated later. She asked if the current provision that special
use permits be considered only on property located on the collector or arterial
street remain. She asked, when the performance-based standards are completed,
if Council would consider them and if a public hearing would be held and if
the pubic would be allowed to participate. She asked why the ordinance permits
college or university laboratories as a use by either by either special use
permit or by right in 3R through 6R, the higher density areas. If a laboratory
accident occurred, it could pose a threat to a great number of people. Laboratories
are not an appropriate use in any residential area. The proposed ordinance states
that the adverse impacts of colleges and universities, not suitable for single-family
neighborhoods, are better suited for higher residential areas. Ms. Wisecarver
stated she disagreed. All residential areas deserve and should have the right
to the same protection from unacceptable intrusions. Everyone in the City should
have the right to a safe, peaceful existence, whether in 1R or 6R. In Lakewood,
where colleges are locating near or within already well established residential
neighborhoods, the neighborhood should not be forced to accept a diminished
or a faulty quality of life in order to accommodate the college or university
needs. She asked that the Lakewood residential zoning be restored to the status
before the 1998 change. She stated she was not against colleges and universities.
She stated they should be located in proper zoning, but residential zoning is
not the proper place.
Linda Pavolka - 8540 West Cedar Avenue - Lakewood, Colorado
She stated that her experience with the college has not been positive. She did
have a problem with the noise last week and was passed off from one department
in the Police to the Neighborhood Action Team, which she was the wrong phone
number. She stated she called the Mayor's Office and talked to his assistance
and she referred her to Code Enforcement. Vince Harris returned her call and
asked if she had called the Police Department, which she stated was his standard
reply. A police officer left a message at her house. A week has gone by, a week
of aggravation and disruption. She received a call from the renter next door
in the duplex. It's almost 11:00 p.m. and the noise continues. She stated she
has done a round-robin job on this for a year now. She stated she spoke in front
of City Council a year ago about this issue. Now, 3R duplex, 4, 5 are residential
and will have to live like this, when you never know when you are going to get
to sleep at night. You never know when they are going to go to bed or how loud
they are going to get. She stated she was mad a year ago and she is mad now.
She stated that anytime you take a high density concentration of activity, parking,
people, noise, summer activity, transient use, and you jam it down the throats
of people who already live in existing homes and existing apartment buildings,
there will be a problem now and a problem down the road. If CCU expands, they
are going to be bothering somebody other than me. Sometime Council will come
back to the point where somebody says we're not going to have to face this because
someone took K-12 out of the zone ordinance. They will want to know who is responsible
and who is being held accountable for that. She asked where the accountability
is. All of the problem, all of the heartache was caused by somebody taking K-12
out of the school definition.
Mayor Burkholder closed the public hearing.
City Manager Mike Rock stated that as City Council considers the ordinance, please remember that it is a city-wide ordinance affecting all educational institutions. He suggested that whenever possible, Council avoid focusing on any single entity, because the legislation will affect all higher education institutions one way or the other.
Councilwoman Wise asked Frank Gray to explain the situation with regards to Ms. Pavolka living in a 3R district and having apartments behind her.
Frank Gray stated that the apartments built there are in a 4R and 5R zoning district and have been for a number of years. Those zoning districts have been in place since prior to the early 80's. That same situation can exist throughout the city, where 3R butts up against 4R and 5R. The concern is that students are living in it.
Councilwoman Wise stated that although she is sympathetic to the needs, there is some point where you just can't fix a bad neighbor. She stated she is trying to separate out a private apartment, where you can have equally bad neighbors, compared to college housing which may or may not be equally bad neighbors. She asked about the control issue mentioned in the ordinance.
Frank Gray stated that it means that there is some type of control exercised over that property. There is no actual contractual agreement. The City cannot anticipate all of the kinds of relationships that might exist in the future. He stated that they look at whether the university has a controlling relationship with that property, whether it be financial or contractual interest. The Planning Commission's determination was that even the term "control" gave enough specificity, but also gave enough flexibility for implementation.
Councilwoman Wise stated that many of the neighbors expressed that they were pleased with the language that was in the ordinance.
Councilman Stevens asked if the City has any control of laboratories that contain or use hazardous materials, something that could cause a problem in the neighborhood.
Frank Gray stated that anything that falls under hazardous materials, falls under the control of the City. He stated that the institutions being dealt with in the City, today, are liberal arts institutions. They do not have atomic laboratories, there are primarily classrooms. The future may bring a laboratory in a school, but it would be a state institution, over which the City has no control. Brian Nielsen and the Fire Dept. would review any storage of hazardous materials, containers, etc. at that time.
Councilman Stevens stated that comments were made that earlier than 1998, colleges and universities were not allowed in any residential zoned districts and that there was a change. He asked Mr. Gray to explain the change in the ordinance.
Vince Harris stated that colleges and universities were not even defined prior to 1998. In 1998, staff included the colleges and universities into the definition with school.
City Manager Mike Rock stated that any state institution has always been allowed to locate anywhere in Lakewood. When you think of colleges and universities, you generally think of a state college.
Councilwoman Wise asked for an explanation as to why there is no amortization in the ordinance.
Frank Gray stated that the two issues they are aware of, are the music school at CCU which is operating under a special use permit and it will continue to operate under that special use permit, even though it is in a zoned district now that would not permit it to do that. The other issue is that that particular school cannot be expanded or enlarged, nor could it be replaced if 60% of its value burned. The school did have plans for expansion and those plans will now have to go to a rezoning if they wish to expand. There were a number of houses in the neighborhood that were leased in someway to students by a private investor. Mr. Gray stated to the best of his knowledge, there is no current relationship between the college and that investor. The investor has shared the lease contracts and they are with individual students and not with the university. Therefore, there is no need for amortization. They now conform to the household definition as well as the definition of school.
Councilman Wise asked if there would be any harm in adding an amortization schedule to the ordinance.
City Attorney Roger Noonan stated that the ground rules have changed significantly by Senate Bill 03-251 that was just enacted by the Legislature and is effective June 6, 2003. It says that cities can no longer use amortization in land use matters. He stated he would need to look at the legislation very carefully in order to conjure up an argument for amortization. In addition, the harm is if the City is wrong, they may wind up owning property or compensating someone for property.
Councilwoman Wise asked why there is a use by right in the R4, 5, and 6 zone districts, instead of the special use permit. With the new comprehensive plan and the performance standards that are going to be enacted, there should be enough flexibility and control on the City's part in overseeing those special use permits.
Frank Gray stated that the Planning Commission deliberated this issue. On one hand, they said they could make schools and universities conditional use permits in all zones and no one will ever know until a hearing comes up whether a school or university is going to be permitted in a zoning district. On the other hand, colleges and universities were saying they needed the flexibility to be able to build classrooms and provide student housing and need to know that with some kind of surety. Long range plans cannot be made on the whims of a particular issue at a particular time. They looked at helping all parties get some assurance on the issues.
Councilman Stevens stated when the issue first came up, the neighbors were concerned about protecting the integrity of their single-family neighborhoods. It seems that by restricting the universities to R3 and higher, that it accomplishes that.
Mike Rock stated that colleges and universities in Colorado are not out in the middle of cornfields. They are not in industrial parks and they are not in shopping centers. All are surrounded by residential neighborhoods. In fact, quite often, those residential properties are often considered quite valuable. There needs to be an integration of university and higher education uses into your community. It is a desirable use, one that most communities search out. All those institutions, which have co-existed very well in their communities, they are located in the heart of the communities.
Councilman Murphy made a motion to adopt Ordinance O-2003-17 on second and final reading and enter into the record as Exhibit "A" to the ordinance, the deliberations and recommendations of the Planning Commission. It was seconded by Councilwoman Saum.
Councilman Murphy read the following into the record for Councilwoman Barb
Martin:
"I, Barbara Martin, wish my constituents in Ward I to know, that I regret
not being present to vote on Item 15, the amendments to Ordinance 2003-17, relating
to definitions, locations, and special uses of schools, colleges, and universities.
I am representing, at my own expense, the City of Lakewood, in Chester, England,
one of Lakewood's Sister Cities. The trip schedule was set months before the
agenda for June 23rd was set. Thank you,
Barb Martin, Lakewood City Council, Ward I."
Councilwoman Wise stated that she has met repeatedly with the people in the neighborhood over this issue. She stated that the general feeling of the neighborhood is that the college is seen as an asset. It's unfortunate that the circumstances surrounding this caused the neighborhood to become so polarized with the university. She agreed that the ordinance is a fabulous, reasonable compromise. Nobody got everything they wanted, but it is something that everyone can live with. She congratulated the university, the neighborhood, and the staff.
Councilman Stevens thanked the Planning Commission for the hard work they did in getting the ordinance put together. He stated he would be supporting the ordinance in its current form.
Councilwoman Koop stated that she would be supporting the ordinance. She thanked the neighbors for their involvement in the process.
Councilman Murphy stated that in many ways this was land use planning at its best. It is the second step of a two-step process. Earlier, Council reduced the number of unrelated individuals and that improves the fabric of lives in single-family neighborhoods. Through the hard work of the Planning Commission and the input of the neighbors, Council is going to do everything they can to protect the fabric of large-lot single-family neighborhoods. He stated he would be supporting the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 16 - GENERAL BUSINESS
A. Councilman Murphy made a motion to set a public hearing date of July 28, 2003, 7:00 p.m. in the City Council Chambers for the purpose of considering of the Alameda Corridor Business Improvement District Petitions It was seconded by Councilwoman Saum.
Vote: All Ayes. No Nays. The motion carried.
B. Councilman Murphy made a motion to hold a Special City Council Meeting on Monday, June 30, 2003, at 7:00 p.m. in City Council Chambers to discuss and vote upon the redevelopment agreement regarding Wal-Mart at Colfax and Wadsworth. It was seconded by Councilwoman Saum.
Vote: All Ayes. No Nays. The motion carried.
ITEM 17 - REPORTS
Mayor and City Council reported their past week and upcoming week's activities.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 9:39 p.m.
Submitted by
Margy Greer, City Clerk
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