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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
Jackie Herbst
Bob Murphy
Debbie Koop
Cheryl Wise
Jean Saum
Barbara Martin
Ray Elliott
Mike Stevens
Carol Kesselman
Tom Booher
Absent: None.
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.
ITEM 4 - RESOLUTION 2003-60 - APPOINTING MEMBERS TO THE ROONEY VALLEY JOINT PROJECT REVIEW COMMITTEE
Councilman Murphy made a motion to approve Resolution 2003-60 appointing Dick Plastino from the Public Works Dept., William Marino from the Planning Commission, and Ray Elliott from City Council. It was seconded by Councilwoman Kesselman.
Vote: All Ayes. No Nays. The motion carried.
ITEM 5 - PUBLIC COMMENT
Fran Yehle - 1235 Everett Court - Lakewood, Colorado
Ms. Yehle stated she was representing Citizens for Lakewood's future. She asked
Council and others to plan on attending their fundraising event. The event is
scheduled for September 13th at 7:00 p.m. at Eaton Terrace. An interactive mystery
dinner theater is planned. The proceeds support some of the after school programs
for children in the older neighborhoods in Lakewood.
Bill Doig - 12090 W. 23rd Place - Lakewood, Colorado
Mr. Doig thanked the Mayor and City Council for all the hard work they do throughout
the year on behalf of the citizens of Lakewood.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 6 - RESOLUTION 2003-57 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND LESLIE A. COOK-EVERTON
ITEM 7 - RESOLUTION 2003-58 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE UPGRADE OF TRAFFIC SIGNAL FIELD EQUIPMENT
ITEM 8 - RESOLUTION 2003-59 - APPROVING PARTICIPATION BY THE CITY OF LAKEWOOD IN A COORDINATED ELECTION TO BE CONDUCTED BY THE JEFFERSON COUNTY CLERK AND RECORDER ON NOVEMBER 4, 2003
ITEM 9 - ORDINANCE O-2003-19 - AUTHORIZING SIGNATURE OF AN EASEMENT TO PUBLIC SERVICE COMPANY FOR UNDERGROUND UTILITY LINES AND RELATED FACILITIES ACROSS HERITAGE HILL PARK LOCATED AT 11400 WEST ASBURY COURT, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
ITEM 10 - ORDINANCE O-2003-21 - AMENDING EXHIBIT B OF ORDINANCE O-98-25; FURTHER AUTHORIZING THE CONVEYANCE OF A 2 ACRE PARCEL OF LAND TO JEFFERSON COUNTY, AUTHORIZING THE ACCEPTANCE OF A COMMISSIONERS DEED WITH A REVERSIONARY INTEREST CLAUSE FOR THE SAME PROPERTY LOCATED IN THE NORTH ONE HALF OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO; FURTHER DECLARING AN EMERGENCY
ITEM 11 - ORDINANCE O-2003-22 - AUTHORIZING THE CONVEYANCE OF REMAINDER PARCELS
WHICH WERE ACQUIRED FOR ROAD AND OTHER PUBLIC IMPROVEMENTS TO THE LENA GULCH
METROPOLITAN DISTRICT, FURTHER DECLARING AN EMERGENCY
ITEM 12 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
• Lakewood Liquor and Fermented Malt Beverage Licensing
Authority Meeting May 22, 2003
• Lakewood Liquor and Fermented Malt Beverage Licensing
Authority Meeting May 8, 2003
• Lakewood Senior Citizens Advisory Commission Meeting
May 14, 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 Kesselman.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
ITEM 13 - RESOLUTION 2003-61 - MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
City Attorney Roger Noonan stated that a written statement of withdrawal from the applicant of their petition for annexation was distributed to City Council. This agenda item should show as being withdrawn from the Agenda and it requires no action by City Council.
ITEM 14 - ORDINANCE O-2003-18 - ESTABLISHING THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
Becky Clark, Deputy Director of Community Planning and Development Department, stated petitions are being presented to City Council for consideration of tha Alameda Corridor Business Improvement District. Before Council this evening are the petitions, the required $100 deposit, the budget, and the operating plan, required to run the business improvement district. The Council's vote will allow it to be placed on the November General Election ballot and the election will take place among the property owners within the business improvement district. The business improvement district boundaries are from the Lakewood City Commons property to Sheridan Blvd. It is commercial properties only. There is no residential properties involved.
George Valuck, Executive Director of the Alameda Gateway Association, presented the Alameda Corridor Business Improvement District B.I.D. process to the City Council. This District is the ongoing vision of the Alameda Gateway Community Association to enhance the economic vitality of the Alameda Corridor by promoting cooperative initiatives. The plan is the result of a participatory process begun during the winter of 2002 and 2003 involving more than 75 area property and business owners. The Alameda Gateway Community Association and City of Lakewood retained the consulting firm of Progressive Urban Management Associates, PUMA, to determine the feasibility. Key steps of the community involvement process included the formation of a B.I.D. steering committee, one-on-one meetings with property owners, stakeholder focus groups, direct mail survey, plan review workshops, and the final plan. Property and business owners supporting this initiative have demonstrated their commitment to protecting and enhancing the business assets of the corridor. There is a strong desire to improve the image of the corridor, create a definite sense of place and further the goals of the Alameda Avenue Cornerstone Plan, which envisions Alameda Avenue as a grand parkway and a recognizable street with strong potential for national recognition. The Alameda Corridor B.I.D. work plan contains three key elements. First, is the economic development and business climate enhancement, through a variety of initiatives designed to enhance the overall image and marketability of the corridor and create a favorable business climate to cultivate healthy business. Secondly, street beautification, streetscape improvements to create a visual sense of identity or sense of place for the Alameda Corridor. Finally, B.I.D. operations and the administration of programs which would be continuing to work with Alameda Gateway Community Association to manage the day-to-day services. Specifically, the B.I.D. budget is $285,310 with funds coming from predominantly private business sources through a 5.72 mill levy election this fall. Mr. Valuck acknowledged those in the audience who were active in the B.I.D. process.
City Clerk Margy Greer read the following findings of fact into the record:
o On April 13, 2003, City Council authorized a security deposit in the amount
of $100 accompany the petitions for the formation of the Alameda Corridor Business
Improvement District.
o On June 23, 2003, City Council acknowledged receipt through the City Clerk's
Office of the petitions and the required security deposit.
o On June 23, 2003, City Council set a public hearing date for the petitions
for July 28, 2003.
o On July 24, 2003, a copy of the public hearing notice was mailed, first class
postage, to all personal property and real property owners of property located
within the proposed district.
o On July 25, 2003, the public hearing notice was published in the Rocky Mountain
News and the Denver Post newspapers.
o The City Clerk's Office has determined that the petitions are in substantial
compliance with the Colorado State Statutes.
Public comments: None.
Mayor Burkholder closed the public hearing.
Councilwoman Koop asked about the budgeted 25% for economic development activities. She asked how involved the City of Lakewood would be in these projects.
Becky Clark stated that economic development project functions will be contracted for, either with the City or a private organization.
Councilwoman Koop asked who would be collecting the B.I.D. fees.
Becky Clark stated that the B.I.D. board is responsible for this, as well.
Councilman Murphy made a motion to adopt Ordinance O-2003-18 on second and final reading. It was seconded by Councilwoman Kesselman.
Vote: All Ayes. No Nays. The motion carried.
ITEM 15 - ORDINANCE O-2003-20 - REPEALING AND REENACTING CERTAIN PROVISIONS OF TITLE 14 OF THE LAKEWOOD MUNICIPAL CODE INCLUDING ADOPTION BY REFERENCE OF THE INTERNATIONAL BUILDING CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION; THE INTERNATIONAL RESIDENTIAL CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION; THE INTERNATIONAL MECHANICAL CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION; THE INTERNATIONAL FUEL GAS CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION; THE INTERNATIONAL PLUMBING CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION; THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, 2002 EDITION; THE INTERNATIONAL FIRE CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION AND THE INTERNATIONAL ENERGY CONSERVATION CODE OF THE INTERNATIONAL CODE COUNCIL, 2003 EDITION, AND ESTABLISHING THE PENALTIES THEREFORE
Jay Hutchison, City Engineer, stated that staff is recommending the adoption of the eight codes, with some minor amendments that are listed in the ordinance. Every few years there are updates to the Codes to ensure safety, stay current, and be cost effective. The International Codes that are proposed work together as a family of codes and don't have geographic boundaries. The older codes published by three separate organizations throughout the country are no longer updated and there is a need to adopt the International Codes. The provisions of the codes are more compatible. There are provisions for performance criteria which allows some flexibility as long as safety is maintained. The International Residential Code is a new addition and designed specifically for single family and two-family dwellings. It pulls all the components together into one book for those kind of dwellings. It is easier for the builders of those kinds of dwellings, rather than referring to four or five different documents. These International Codes will update and replace the former codes adopted by City Council. He reviewed with City Council how the codes are changed and developed.
Mr. Hutchison stated that one item of concern during the City Council's Study Session of July 7th was cooking on balconies. The revised ordinance contains a provision for cooking on balconies, which was inadvertently omitted from the first reading.
He explained the ordinance provisions as follows: Cooking is allowed on balconies if 1)non-combustible OR 2) Sprinklered (Propane Size Limited), OR 3) Single Family Home, OR 4) Duplexes, OR 5) Not Stacked. Cooking on balconies is not allowed if 1) combustible, AND 2) Not Sprinklered, AND 3) Stacked. There is no restriction of single-family homes or duplexes.
Robert Brown, Fire Chief, West Metro Fire Rescue, 447 South Allison Parkway,
Lakewood, Colorado
Chief Brown thanked Mayor Burkholder, City Council, and Mr. Mike Rock for allowing
them to present to them on this important topic. He stated that West Metro Fire
Prevention Division and members of City staff have worked cooperatively and
diligently on the comprehensively and are making strong recommendations regarding
the adoption of the International Fire Code. The purpose of the Code is to protect
lives and property from the devastation of fire.
West Metro Fire Marshall Ken Schneider
Fire Marshall Schneider gave a PowerPoint presentation on the dangers of cooking
on balconies and encouraged City Council to adopt the International Fire Code
which would disallow the open cooking on balconies in stached multi-family housing
units.
Mr. Hutchison stated that many state and federal agencies have adopted the codes. Over 80 agencies in Colorado have adopted the codes, including Jefferson County, so the unincorporated ounty is functioning under the international codes, as well. There are associations of architects, contractors, building owners, planners and engineers who also recommend the adoption to these codes. The process in Lakewood is that after the International Code Council develops the book, the book goes through a review by the City staff, which includes licensed professionals who have been in the trades, both in the public and private sectors, and Dan Nickle, the Code Administrator. Recommendations are then made for any amendments that might be appropriate to this locality. Those recommendations then go to the Board of Appeals. The Board of Appeals has the responsibility of reviewing the codes and their amendments and making recommendations to City Council on what to adopt. The Board of Appeals has unanimously recommended the adoption of the Codes as presented in the ordinance.
Public comments:
Roice Horning - 1004 South Jellison Street - Lakewood, Colorado
Mr. Horning urged City Council to delete a portion of the International Fire
Code, parts of Section 3.08.3.1 - banning gas grills on balconies of multi-family
dwellings. He stated that data from West Metro and City offices indicate approximately
14 calls were received from Lakewood, each of the last two years in the category
of incidences called "ashes and barbeques." He stated that in analyzing
the date, it is reasonable to conclude that in multi-family dwellings, fewer
than five incidents were gas grill related. This is under 2% of the property
related incidents in Lakewood in 2001. By contrast, the sparks and welding category,
2%, and smoking, 6%. There appears to be no factual basis in this data that
the new revised gas tanks and grills with standard size tanks pose a clear and
present or future danger to public safety beyond the normal risks of every day
life. Consequences of a ban call into question values by which you live. He
asked how enforcement would be handled. He stated that the ban would lead to
cheating and further disrespect for the law. Over 50,000 residents live in multi-family
housing and why should they be denied their freedom of choice while the rest
of the population exercise theirs. He stated it wasn't fair. Mr. Horning stated
that quality of life will be impacted. He asked City Council to vote again on
the cooking on balcony provision in the ordinance.
Anne Schmidt - 1802 Simms Street - Lakewood, Colorado
Ms. Schmidt stated that for ten years she sat on City Council in Oregon where
she had oversight of the Police and Fire Departments for the City of Beaverton.
She sat on the Human Development Policy and Steering Committees of the National
League of Cities for six years. She stated she was the last president of the
Lakewood Fire Protection District before it merged with Bancroft. She stated
she served on the Lakewood/Bancroft combined Fire Authority Board and the West
Metro Board until 1997. She urged City Council to adopt the ordinance as proposed
by City staff. She stated that the allowed uses for propane or charcoal in the
Code are there for the protection of the citizens. Ms. Schmidt stated that the
community expects not to assume a lot of risk in terms of fire safety and medical
safety. She asked City Council to help the Fire District because City Council
action will decide whether the safety to the citizens is compromised.
Councilman Murphy made a motion to adopt Ordinance O-2003-20 amended version 2 dated 7/28/03 on second and final reading. It was seconded by Councilwoman Kesselman.
A question and answer period between City Council and the presenters followed. City Council deliberated on the matter.
Councilwoman Herbst made a motion to amend the main motion to delete Section 308.3.1 and subsection 308.3.1.1 from the International Fire Code as stated in the ordinance. It was seconded by Councilwoman Wise.
Councilwoman Herbst stated that it need to be left in the hands of the property owners and insurance companies
Vote on the amendment: Four ayes. Seven Nays (Burkholder, Koop, Stevens, Kesselman, Murphy, Booher, Martin). The motion failed.
Vote on main motion: Eight Ayes. Three Nays (Herbst, Wise, and Elliott). The motion carried.
ITEM 16 - GENERAL BUSINESS
None.
ITEM 17 - REPORTS
Mayor and City Council presented updates of their calendars regarding meetings, events, and activities.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 8:57 p.m.
Submitted by,
Margy Greer, City Clerk
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