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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.
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Jackie Herbst
Debbie Koop
Cheryl Wise
Ed Peterson
Barbara Martin
Mike Stevens
Carol Kesselman
Tom Booher
Bob Murphy
Absent: Ray Elliott
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PUBLIC COMMENT
Newt Vaughn - 8663 W. Hawaii Drive - Lakewood, CO
Mr. Vaughn stated he read Looking at Lakewood and felt it was mostly true except
May Bonfils would not have supported the design and construction of the Villa
Italia Shopping Center. He stated she fought every piece of construction that
went on and it would never have been built on her land. She was a powerful person.
Mr. Vaughn stated that he learned a lot about her from her cook. He stated the
whole Alameda Corridor idea is concerning him. He stated he works with the VST
Program with the Police Department and hears the calls that come to these multiple-family
dwellings that are just astronomical. He hears the people from the Lakewood
Housing Authority say they do not have problems with these places, yet the biggest
share of the police calls are there. It takes any where up to four or five officers
when one of the domestic violence or dispute things come down. It is the most
dangerous thing these police officers can answer. He stated the City needs to
take a good, strong look at making the Alameda Corridor downtown Lakewood. Along
with taking up open space, the only way is to condemn a lot of individual residences
and everything else because it isn't wide enough. There are a lot of areas that
are very narrow. Mr. Vaughn stated that his dad passed away and his mother is
there by herself and can't drive. Lakewood is an aging community and the City
isn't very friendly to the people who are getting older. Things that are handy
for her are really not that handy. He stated there are going to be some things
come up about the Green Mountain development. As a building contractor, he stated
he doesn't understand why anyone would want to build on that type of soil in
the first place. This city is looking for a lot of lawsuits when those houses
start caving in. He stated Council should take that into dire consideration.
Tom Stewart - 1330 Depew Street - Lakewood, CO
Mr. Stewart stated he had been in Colorado since 1971 when he got out of graduate
school at the University of Utah. He stated he has a contract with the USGS
to represent all their products and their 200,000 line items at the stock show
and anywhere he wants. There are jobs for the kids. Kids under 16 can get concession
jobs. He stated that Debbie Koop gets things done. Mr. Stewart stated that John
Hickenlooper is a personal friend of his. The Mormon bishop that married his
Catholic father to his Mormon mother in Provo, Utah in 1940 was Bishop Hickenlooper.
He stated that in Denver, they use state of the art geographic information systems.
He stated the last time he was here, he pointed out a fossilized hipbone of
a hominid. He had the doctor two years before Diane Fossy had her and the depictions
in Gorillas of the Mist are completely erroneous to the character of her. He
stated his passion is archeology. He stated that he would do a little vote here
and asked people to vote for management of Lakewood or the Keystone Cops. The
email is the blizzardof82@yahoo.com. He stated he owns the aerial photography
of the blizzard of '82. Mr. Stewart stated that the recalls are in. He stated
his last comment is that he will be back. He stated that human remains were
dug up across the street. That is against federal law. He thanked Debbie Koop
for her help and stated that the Mesa Motel got closed today.
Rita Bertolli - 13484 W. Oregon Court- Lakewood, CO
Ms. Bertolli stated that she is talking about the parcel property below the
Hayden Green Mountain Trailhead. The community does not want any development
here of any nature. After the incident of Dec. 27, 2003, did the City take any
action against the supposed owner who illegally bulldozed a road into the property
without due regard for the environment? The road he constructed is now a major
source of erosion after the recent snow and will worsen as we go through the
wetter months of the year. The current developer claims he is building senior
housing. In these times of federal grants and subsidies, how much money would
the City be entitled to if the development is approved? Would the HUD be happy
to know of Lakewood endorsing such housing on drainage corridors and wildlife
habitats? In the early months of this project, we were made many promises about
the assistance from the City, by namely our two councilors in Ward 4. Today,
seven months later, we are once again, on our own. As a neighborhood, we were
used for nothing more than getting votes in the last election. As soon as the
election was over, our political support disappeared. We waited for the promise
of a GOCO Grant which never came through. We waited for the City to put this
parcel on its priority list as JeffCo Open Space indicated a willingness to
assist in the purchase of the land. We've been told over and over how your hands
are tied, but is difficult to watch how the City is operating without money
as you claim, while million-dollar buildings are popping up around us. We elected
you to represent us. For however much we are grateful for term limits, perhaps
we made a serious error in judgment this time. We are not going to fall for
any more empty promises. We're here to ask specifically, what you as a City
Council, elected by the people, intend to do to solve our problem? Can we depend
on you for assistance or do we have to pursue our legal options?
Don Ferega - 13647 W. Montana Place - Lakewood, CO
Mr. Ferega stated that he is the President of the Green Mountain Beach Park
Neighborhood Association, in the area of Florida and Alameda. He stated that
he is disappointed that the current owner chose to start work on the property
the Saturday after Christmas, bulldozing on the property. Especially, in light
of the fact that the owner knew the neighbors had some serious issues with the
property being developed. Throughout the last six months, the neighborhood association
has worked with both Councilors Booher and Elliott. He thanked the City for
coming out and putting a stop work order on the property on Monday. That action
was appropriate. My best hope for the property is that we get the City to put
this property on their priority list for Open Space or the developer determines
that the economics of developing this property doesn't make any sense, especially
down in the ravine he is building it in. The worse fear is that he is allowed
to start development and end up with a half built pile of sticks on the property
without the money to finish the project. He asked, that as the neighborhood
associate continues to work with the City and the developer, all of Council
and Planning Commission pay attention to what the concerns of the neighbors
are.
Michael O'Beirne - P.O. Box 260313 - Lakewood, CO
Mr. O'Beirne stated that on Dec. 27th, the property at Florida and Alameda was
open. I opposed Mr. Elliott in Ward 4 in this last municipal election. Last
week, just prior to study session, I gave Council a letter on my opinion about
the open space issue. Thank you Councilman Murphy for getting back to me to
clarify what it takes to build in parks. We have a lot of misconceptions about
what Open Space is in Lakewood. Until we get serious to define what the term
means, we can't really move forward because if you don't know what you're dealing
with, you have nowhere to go. I am proposing, as a reasonable settlement to
this, a regional visionary statement from Lakewood, working with Jefferson County
and perhaps the State, to create an interconnection between Bear Creek and Green
Mountain through these ravines. The ravines are zoned a myriad of different
zonings; and as Rita can tell you, the zoning classifications change. I'm not
quite sure how that happens. The people are passionate and are extremely proud
of the wildlife that moves up and down those corridors. Why couldn't we interconnect
these two large landmasses using these ravines? Thank you.
Jane Dilroy - 13453 W. Oregon Court - Lakewood, CO
Ms. Dilroy stated that she was an eyewitness Saturday, December 27th. She referred
to an article in the Sentinel on January 8th, and stated it really didn't seem
to tell the truth. The article stated that all these residents were up in arms
and Todd was nervously backing away from an angry mob of residents. She stated
that she looked in the dictionary and it says "disorderly or riotous crowd
of people" or "crowd bent on or engaged in lawless violence."
She responded to the article and read the following: "On Saturday, December
27th, a Mr. Todd who recently purchased the land at the corner of Alameda Parkway
and West Florida Drive just below Hayden Park Trailhead, bulldozed without a
work permit a large chunk of the wash on a steep slope beside one of our neighbor's
houses. I and one other female neighbor (A real mob. Total weight of the two
of us probably did not exceed Mr. Todd's.) approached him and asked him if he
had a permit to excavate on the land. Mr. Todd said it was his land and he could
do "whatever he wanted on it." No erosion, sediment, or runoff controls
installed by Mr. Todd were evident. These actions implied to me that he does
not plan to abide by Lakewood and JeffCo regulations. On Monday, December 29th,
a stop work order was posted on the site, after the Lakewood Construction Inspector
General visited the site. The stop work order was mysteriously moved by someone.
Is that against the law or not? Perhaps, more importantly, Mr. Todd was disrespectful
to the neighbors who approached him on Saturday. There were no more than about
ten to twelve people, off and on. Big angry mob, man. Most importantly, Mr.
Todd was disrespectful to the neighbors who approached him on Saturday morning.
In his underhanded action, he called an adult lady, "a little girl."
These are not the actions and the language of a good supposed "future neighbor"
or an ethically responsible developer. They show a total disregard for and disrespect
of the neighbors who will be affected by this environmentally harmful and geologically
risky development, which everyone on Green Mountain opposes. Recall the sliding
homes on 6th Avenue West. The residents of Mr. Todd's $400,000 patio homes should
have an exciting life style. Thank you.
Nancy Osborn-Nichols - JeffCo Action Center - 8755 W. 14th Avenue - Lakewood,
CO
Ms. Nichols thanked the citizens of Lakewood for food bank donations during
the holiday season. She stated that the need for food continues and the distribution
center serves more people than ever in the past. She asked the citizens of Lakewood
to continue donating food for the JeffCo Action Center.
James Janick - 1691 South Arbutus Place - Lakewood, CO
Mr. Janick spoke about the Green Mountain development. He stated that his home
sets down at the bottom of the wash. This is a flood plain. It has been zoned
for residential. Hutchison never developed it. There is a question as to why
they didn't develop it. We thought it was part of Beach Park that went all the
way to Alameda. It's open space, but it's a wash. It's a 100-year drainage wash.
If buildings are built here, he is concerned what will happen to his home if
there is a flash flood. He asked City Council to study the issues brought forward
tonight and look at them very carefully. Mr. Janick stated that the developer
will build and then be gone. He asked who would be responsible if there is a
slide. Mr. Janick asked the City to take a look at it very carefully.
Moreen Nicholei - 1471 South Arbutus Place - Lakewood, CO
Ms. Nicholei stated that she is also concerned about the construction of the
wash. She is very curious and worried about how all the traffic will be handled
as they come in and around a very dangerous curb. She stated that about 15 years
ago there was a fatal car accident at the very place where the drive was cut
into the property with the groundbreaking equipment. She is troubled when they
get reassurances about what can and can't be done, where permits can be issued
or not issued and they are faced with things happening in front of them anyway.
You belong to a community because you think you can be a part of it and there's
pieces that will hold up to prior agreement. She thanked City Council for listening
Councilman Booher stated that he personally has heard from many of the neighbors and share their concerns. He stated he lives in that neighborhood as well, just off of Alkire. He stated that they would get answers to their questions, particularly the ones that Rita brought up and everyone else. He stated he was concerned and disappointed by the actions of the developer. He stated that Ray and he met at 7:00 a.m. on Monday morning after that to discuss moving forward. They contacted the City immediately and thanked them for moving quickly and red tagging the property on Monday. He stated he had a lengthy meeting with Mr. Ferega about proceeding and reassured the people that he empathizes with the situation and is doing everything possible to move ahead within the parameters that we have to work within. He stated they are watching this very closely and appreciate the people being out tonight. He told the neighbors to continue communicating with him regarding any questions they might have.
Councilwoman Wise stated that the repeated comments from citizens imply that the activities at Florida and Alameda have been undertaken with the involvement and the approval of City Council. She stated, that because of that implication, perhaps a brief overview of the situation so that there is no misunderstanding among the general citizenry that this is a project that has come to Council. Being from Ward 1, she has seen bits and pieces of this, but in no way is this an issue that has begun to enter into the process. She stated there are some implied criticisms towards the City and Council and the Planning Commission and asked for a brief overview of the activities that have taken place regarding the discussed property.
Mayor Burkholder stated that City Council looks at the City as a whole as much as possible. Obviously, if you are representing a particular ward, you may look into it a little deeper. He stated he wanted to assure people that Council may represent a certain ward but also think of the implication in other wards. That has been the tradition and history of the City. We are not parochial in building barriers around each of the wards. As far as open space in the City, it is a very integral part of our community. It's not 20%, it's 25% of this City that's park or open spaces. As far as development is concerned, roughly 85% of our parks and open spaces are undeveloped. There is data available for the residents to take a look at that. Regarding the issues brought up about creating corridors between Green Mountain and Bear Creek Lake Park, in 2000, this Council and the City of Morrison actually signed an intergovernmental agreement, addressing those issues of corridors between those two very invaluable pieces of open space. He stated he does not want to raise false expectations, but at the same time, he certainly appreciates the issues of drainage, the issues of wildlife, and the value of private property. These are the balances that we, as a Council, have to take a look at. Again, Mr. Ferega was up representing a group of people. We had another lady up representing another group of people. City Council has to evaluate those pluses and minuses of a given issue.
City Manager Mike Rock stated that the property in question in located at 13850 West Alameda Parkway. It is a 3-acre parcel, zoned in 1972 for multi-family units of 20 units per acre. That zoning decision was made 32 years ago. In order to develop the property, the development process requires the approval of a final development plan which addresses issues such as building locations, elevations, landscaping, grading plans, utilities, drainage, parking, curb cuts, location of sidewalks, driveways, fences and other site specific items. Again, not to address the issue of what the zoning should be, but specific site development issues.
Councilors Booher and Elliott have both worked very closely with the Beach Park Neighborhood Association as represented by Mr. Ferega. City staff has been involved in a number of discussions and believe that that group is the logical conduit for questions to come to the City and for information to be disseminated back.
GOCO Grants have been discussed. There is a fairly lengthy lead-time. They don't simply accept applications on an informal basis. There are specific application time periods. Any application for land requires a 25% match. They also will not accept any applications for land acquisition for land that is not for sale. Neither will JeffCo Open Space. The threshold issue is that the land has to be for sale or available for purchase and there has to be a match. City also has a list of acquisition priorities for acquisition and development of parks and open space. That list has been the guiding force for all the acquisitions that have been made; that 7,000+ acres that were made over the year. Both Ward 4 representatives, as well as the City, have indicated that they are open to adding this to the list. The ultimate decision about where it fits and whether it is an appropriate part of the list rests with Council. Council has struggled with how Open Space and park dollars can be allocated between the various wards in the City and it would be fair to say that there is a pretty significant disparity today between the amounts of park and open space acreage in Wards 1, 2, and 3 compared to Wards 4 and 5. Communications have been good.
Councilman Murphy stated that normally the first step in a process such as this would be a development application and asked if such an application had been turned in.
Mr. Rock stated that no such application has been received.
Councilman Stevens asked for reasons why the developer would cut a road into the property at this point.
Mr. Rock stated that it was possible that a road was being cut so drilling equipment could get on the site. It is normal to perform drainage, geology, and core sampling tests. However, it is only speculation.
Councilman Stevens stated that he understood that once the plan was submitted it would be reviewed by both the City Council and Planning Commission and that Council's discretion is limited regarding their decision-making ability.
Mr. Rock stated that at the time it is presented to Council, Council will not be addressing land use or zoning. That decision was already made back in 1972. Council will only address site development issues such as whether the site is safe to build on, landscaping, access, etc.
Councilman Stevens asked what the timetable would be once a formal submittal was received by the City.
Frank Gray, Director of Community Planning and Development, stated that it is a 3-6 months minimum review process. More than likely, due to the sensitivity of the site, it may take a little longer.
Mr. Rock stated that a letter will be provided to the property owner reiterating that proper approvals are required and to encourage communication with the neighborhood association.
Mayor Burkholder stated what a terrific job the JeffCo Action Center, the Police Department, the local sheet metal workers union, US Marine Corps, and local service clubs did collecting and distributing food and gifts during the holiday season. He stated there is a continuing need for food donations throughout the year
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 5 - RESOLUTION 2004-1 - A RESOLUTION FOR THE ACCEPTANCE OF BIDS AND AUTHORIZING CONTRACT FOR THE BEAR CREEK / SIMMS STREET TRAIL CONNECTION
ITEM 6 - RESOLUTION 2004-2 - ADOPTING THE FOURTH AMENDMENT TO THE LAKEWOOD POLICE MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT
ITEM 7 - RESOLUTION 2004-3 - ADOPTING THE THIRD AMENDMENT TO THE LAKEWOOD EMPLOYEES MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT
ITEM 8 - RESOLUTION 2004-4 - AUTHORIZING THE AMENDMENT OF THE LAKEWOOD EMPLOYEES MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT TO CHANGE THE DEFINITION OF FULL TIME AND TO DELETE THE NAMES OF THE RETIREMENT BOARD MEMBERS
ITEM 9 - RESOLUTION 2004-5 - APPOINTING MARTIN W. MISCHEL TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
ITEM 10 - RESOLUTION 2004-6 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND FIRST JEFFERSON GREEN HOMEOWNERS ASSOCIATION, ALONG THE WEST SIDE OF SOUTH ESTES STREET JUST SOUTH OF WEST GIRTON AVENUE, TO ALLOW PLACEMENT AND MAINTENANCE OF A DRY STACK RETAINING WALL
ITEM 11 - RESOLUTION 2004 7 - DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS DURING 2003 PURSUANT TO C.R.S. 24-6-402
ITEM 12 - ORDINANCE O-2004-1 - AUTHORIZING SIGNATURE OF EASEMENTS TO LAKEWOOD HOUSING AUTHORITY FOR UNDERGROUND WATER LINE AND UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES FOR THE LAKEWOOD HOUSING AUTHORITY PROPERTY LOCATED AT 1205 QUAIL STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
ITEM 13 - ORDINANCE O-2004-2 - AUTHORIZING OF AN EASEMENT TO PUBLIC SERVICE COMPANY FOR UNDERGROUND GAS LINE AND ELECTRIC SERVICES AND RELATED FACILITIES FOR THE LAKEWOOD HOUSING AUTHORITY PROPERTY LOCATED AT 1205 QUAIL STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
ITEM 14 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting December 8, 2003
ITEM 15 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Planning Commission Meeting November 19, 2003
Councilwoman Martin 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.
Public Comment: None.
ITEM 16 - GENERAL BUSINESS
None.
ITEM 17 - REPORTS
Mayor and City Council reported on their weekly schedule of events and their
participation in various activities.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder
adjourned the meeting at 7:50 p.m.
Submitted by,
Margy Greer, City Clerk
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