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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
Debbie Koop
Cheryl Wise
Ed Peterson
Tom Booher
Bob Murphy
Carol Kesselman
Mike Stevens
Absent: Ray Elliott, Barb Martin, Jackie Herbst
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PROCLAMATION - CANCER AWARENESS MONTH
Mayor Burkholder proclaimed the month of September 2005 as Cancer Awareness Month in the City of Lakewood.
ITEM 5 - PROCLAMATION - MEET THE BLIND MONTH
Mayor Burkholder proclaimed the month of September 2005 as Meet the Blind Month
in the City of Lakewood and presented the Proclamation to representatives from
the National Federation of the Blind.
Mayor Burkholder recognized Lakewood's Community Planning & Development Department (CPD) for the National League of Cities Award they received for their partnering work with Belmar. He presented the award to Interim Director of CPD, Becky Clark.
ITEM 6 - PRESENTATION - CITATIONS FOR MERITORIOUS SERVICE
JESSICA NEWELL, CURT
WILLIAMS
Police Chief Ron Burns presented Citations for Meritorious Service to Jessica Newell and Curt Williams for assisting citizens who were being threatened by others.
ITEM 7 - RESOLUTION 2005-58 -APPOINTING MEMBERS TO THE LAKEWOOD YOUTH COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2005-58. It was seconded by Councilwoman Kesselman.
The Resolution appointed Sabrina Ruiz and Erica Peterson to the Lakewood Youth Commission.
Vote: 8 Ayes. 0 Nays. The motion carried.
ITEM 8 - RESOLUTION 2005-59 - APPOINTING A MEMBER TO THE LAKEWOOD BOARD OF ADJUSTMENT
Councilwoman Koop made a motion to adopt Resolution 2005-59. It was seconded by Councilwoman Kesselman.
The Resolution appointed Alan Beshany to the Board of Adjustment.
Vote: 8 Ayes. 0 Nays. The motion carried.
ITEM 9 - PUBLIC COMMENT
Gari Westkott - 1690 S. DeFrame Ct. - Lakewood, Colorado
Ms. Westkott, representing the Jefferson County League of Women Voters, spoke
in favor of a sales tax increase.
Sue King - 9637 W. Ohio Avenue - Lakewood, Colorado
Ms. King, Council Candidate Ward 3, introduced Ben Risinger, a high school student
learning more about American Government by helping MS. King run her campaign.
Lisa Scott - 14222 W. Evans Circle - Lakewood, Colorado
Ms. Scott asked City Council to review the Springfield Green proposed development
very carefully. The neighbors are concerned about what Carma Development is
proposing for the area.
George Dyer - 10451 W. 38th
Mr. Dyer asked City Council not to close the Rise Above Program. He is an athlete
who participates in the program and considers it a very valuable program.
Ernie Magano - 8989 14th Ave, #103
Mr. Magano asked City Council not to close the Rise Above Program. He is an
athlete who participates in the program and considers it a very valuable program.
Carol Moore - 84 Yank Way
Ms. Moore asked City Council not to close the Rise Above Program. She asked
Council to support the athletes of the program.
Michael Ritter - 11264 W. 18th Avenue
Mr. Ritter asked City Council not to close the Rise Above Program. He is an
athlete who participates in the program and considers it a very valuable program.
Bob Solimano - 118 Yank Way
Mr. Solimano asked City Council not to close the Rise Above Program. He is an
athlete who participates in the program and considers it a very valuable program.
Geoffrey Fort - 118 Yank Way
Mr. Fort asked City Council not to close the Rise Above Program. He is an athlete
who participates in the program and considers it a very valuable program.
Don Ferega - 13647 W. Montana Place - Lakewood, Colorado
Mr. Ferega spoke in favor of a proposed sale tax increase. He asked Council
how the Police Department will benefit from the increase.
Councilman Murphy stated that one dollar out of every two in the City of Lakewood are spent for public safety.
Ray Bousseiaire - 14805 W. 54th Avenue
Mr. Bousseiaire spoke in favor of a proposed sales tax increase. He also stated
that Bonfil's Blood Center is in need of donations. He stated that as an employee
of Xcel Energy he hears many complaints. He asked people to think about what
may cause electrical outages. He stated it is easy to complain than to get involved
and support something that you believe in.
Lora Green - 6000 W. 18th Ave - Lakewood, Colorado
Ms. Green, Council Candidate for Ward 2, stated that she resents the way the
tax issue was brought forth and the scare tactics. She stated the reason we
are near a deficit is mis-management and unaccountability. She spoke against
a proposed sales tax increase.
Police Chief Ron Burns stated that gang activity between 2005 and 2004 has somewhat subsided. It is watched carefully by the Sector liaisons. Tagging has decreased in 2005.
Linda Morton - 423 S. Devinney St. - Lakewood, Colorado
Ms. Morton, former Mayor of Lakewood, spoke in favor of the proposed sales tax
increase.
Carla Esquibel - 8479 W. Cottontail Dr - Lakewood, Colorado
Ms. Esquibel and her son Jacob spoke in favor of keeping the Rise Above Program
in the budget.
Kathleen Curtis - 1878 S. Marshall Circle - Lakewood, Colorado
Ms. Curtis stated that she and her husband live in Lakewood and have a business
in Lakewood. She spoke in favor of a proposed sales tax increase.
Tami Fischer, Director of Housing and Family Services, stated that the Rise Above Program and Camp Pa Ha serve the residents of Lakewood and from outlying communities, folks with disabilities. The programs serves children to young adults. Rise Above is supported through General Fund tax dollars to the tune of $130,000. These services are also charged which equates to about $159,000. It's a combination of tax supported programming as well as fees for these families. The fees do cover the cost of the event. The tax dollars cover the cost of the City employees to organize and provide assistance.
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan stated that the ballot language does not specify that the police
will get any of the funds from the proposed sales tax increase. It may be in
the ordinance, but the ordinance can be changed. He spoke against a proposed
sales tax increase.
Councilwoman Wise stated that the current tax revenue does not guarantee monies to go the Police Department. There is no difference regarding that funding whether a tax increase passes or not.
Sara - Rise Above Program
Sara spoke in favor of keeping the Rise Above Program in the budget. She spoke
in favor of a sales tax increase.
Laurie Maves - 13362 W. Montana Avenue - Lakewood, Colorado
Ms. Maves, volunteer for Heritage, Culture and the Arts, member of grass roots
committee for Yes on 2A, and as a citizen, asked City Council to support Ballot
Issue 2A, a sales tax increase.
Mike Muller - 868 S. Owens Court - Lakewood, Colorado
Mr. Muller spoke against a proposed sales tax increase.
Bob Sandridge -2498 S. Eldridge -Lakewood, Colorado
Mr. Sandridge, representing the Lakewood Housing Authority, spoke in favor of
a sales tax increase.
Chuck Thorman - 12464 W. 2nd Drive - Lakewood, Colorado
Mr. Thorman spoke in favor of a proposed sales tax increase.
Councilman Stevens stated that budget cuts are being proposed by several different communities in the Metro Area. Lakewood is not alone when it comes to decreases in sales tax revenues.
Councilman Murphy stated that a sales tax increase is not unfair to small businesses. Several small businesses support the sales tax increase. The West Colfax Community Association, the Alameda Community Gateway Association, and other business associations support the proposed sales tax increase.
Councilwoman Koop stated that the proposed budget being voted on does include the cuts as outlined in the many meetings Council has had.
Councilman Peterson stated that he has listened to public comment meeting after meeting. He has listened to misinterpretations of fact and misguided presentations in respect to small business and small business being saddled with an extra one per-cent. Small business does not pay sales tax. Shoppers pay sales tax. Basic economics show that the City is in need of this proposed increase. These are not scare tactics; they are reality.
The City Clerk read the following Consent Agenda into the record:
CONSENT AGENDA
ITEM 10 - RESOLUTION 2005-55 - AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 8787 WEST ALAMEDA AVENUE FOR THE SOUTH LAKEWOOD GULCH AT COLORADO CHRISTIAN UNIVERSITY AND MILE HIGH CHURCH PROJECT
ITEM 11 - RESOLUTION 2005-56 - FOR THE APPROVAL OF THE MORSE PARK NEIGHBORHOOD PLAN AS AN AMENDMENT TO THE LAKEWOOD COMPREHENSIVE PLAN
ITEM 12 - RESOLUTION 2005-57 - APPROVING THE 2005 OPERATING PLAN AND PROPOSED BUDGET FOR THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
ITEM 13 - ORDINANCE O-2005-35 - TO REZONE LAND LOCATED AT 1065 SOUTH EATON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO; FURTHER, REPEALING ORDINANCE O-2005-17
ITEM 14 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Victim Assistance
Compensation Board Meeting August 16, 2005
Councilwoman Kesselman made a motion to approve the Council Minutes, Acceptance of the Minutes of the Boards and Commissions, order all ordinances introduced on first reading to be published in the Rocky Mountain News and public hearings set for the date included in the ordinance and for the adoption of resolutions, all of which are included in the Consent Agenda Items introduced into the record by the City Clerk. It was seconded by Councilwoman Koop.
Public Comment on Consent Agenda:
Kevin Walker - 1885 Glen Dale Drive - Lakewood, Colorado
Mr. Walker spoke in reference to the Morse Park Neighborhood Plan. He stated
that he was being charged twice for cleaning and maintenance of the ditches.
Dick Plastino, Director of Public Works, stated that there are two main ditches in the community that have paid dues for cleaning of ditches: Rocky Mountain Ditch and the Agricultural Ditch. The laterals that go off of those two main ditches do not generally have formal groups that pay dues into them for a high level of maintenance. The two ditch companies and the City of Lakewood all get requests asking to have the lateral irrigation ditches cleaned out. It's been a policy of the City, since the beginning of the City, that the City parallel the stance of the two major ditch companies. The City will not take over maintenance of the lateral irrigation ditches. If a ditch company called the City and said there was a major accumulation of sand from the streets in the ditch, the City would look at it and if it was unusual, the City would clean it. The users of the laterals are responsible for taking care of the ditch clean ups.
Susan Williams - 1620 Yukon Street - Lakewood, Colorado
Ms. Williams stated she reviewed the 574 survey responses from the Morse Park
Neighborhood Planning Process and the almost unanimous sentiment was that they
are opposed to almost any development in our neighborhood. The City has given
us a Plan that says the community will work closely with the Planning Department
during the development process to support appropriate residential developments.
The City promises to protest single family residences in the Plan and yet the
City proposes Zoning Ordinance #32 that says it may be suitable to integrate
a mixed-used development in a residential neighborhood. Council members discuss
how to put high-density housing around light rail. Without the neighborhoods
consent or desire, Council lays plans to redevelop West Colfax and its neighborhoods
using taxpayer dollars. The City finds its current crop of residents to be insufficiently
productive and doesn't like the liquor stores, the thrift stores, or the tattoo
parlors on Colfax or any of the other "low rent ground feeders." The
City should not decide what businesses or residences should come or go. City
Council is suppose to represent the people, not rule them.
Becky Clark, Community Planning and Development, stated that the neighborhood plans have been developed in conjunction with the neighborhood residents. The neighborhood was basically has been identified through Community Development Block Grant criteria and in particular, Morse Park was identified because it was located near areas that already have Neighborhood Plans adopted. They are all done with the neighborhood involvement.
Councilman Murphy stated that the City has not given the community a Plan, it is a neighborhood generated plan.
Christie Mount - 9120 W. Frances Place
Ms. Mount stated that she lives in the Frances Area, which is very similar to
the Glen Creighton Area. She spoke against the neighborhood plan. She stated
she lives near Crown Hill Park. She stated a speed bump appeared on their street
without notice to the residents. She stated that she did not want this neighborhood
to change.
Elizabeth Eairmart - 1770 Glen Dale Drive - Lakewood, Colorado
Ms. Eairmart stated that this is a not a plan from the ground up. It is not
a neighborhood plan. It is a city-inspired organization that has been involved
in the planning. Many homeowners in the neighborhood have never heard of this
and would be surprised to know some of its potential outcomes.
Becky Clark stated that the neighborhood has been meeting over the course of a year or longer. The first contact of the neighborhood was a broad mailing to invite people to a meeting to discuss the issue of putting together a neighborhood plan or even having a neighborhood process to put a plan together. The survey was another contact point in which 19% of those responded. It has been a long process in which the City is involved by way of staff. There were open houses for the neighborhood as well.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Mayor Burkholder called a recess at 8:55 p.m. and reconvened the meeting at
9:08 p.m.
SECOND READING ORDINANCES AND PUBLIC HEARINGS
Mayor Burkholder opened one public hearing for Items 15 and 16 as follows:
ITEM 15 - ORDINANCE O-2005-30 - ADOPTING A REVISED BUDGET FOR THE YEAR 2005 FOR THE CITY OF LAKEWOOD, COLORADO, AND FURTHER ADOPTING THE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2006, AND ENDING ON DECEMBER 31, 2006, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON SAID BUDGET SO ADOPTED, ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES, SETTING FORTH THE APPROPRIATIONS FOR EACH FUND
ITEM 16 - ORDINANCE O-2005-31 - LEVYING TAXES FOR THE YEAR 2005, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006
Public Comment:
City Manager Mike Rock stated that City Council directed the preparation of two budgets. The second reading for the first proposed budget is tonight. A separate budget may or may not be adopted in November.
Larry Dorr, Finance Director, gave a PowerPoint presentation on the proposed 2006 budget. He stated that City Council has conducted 21 public meetings regarding the budget. It is the most carefully reviewed, discussed, and debated budget in the City's history is very accurate. The first budget reflect the City going forward on an as-is basis with the City's current level of revenues. The second budget would be brought before City Council in November if the sales tax increase was approved by the electors.
Public Comment: None.
Councilman Booher read a statement from Ray Elliott stating that if he were in attendance, he would not support adoption of the ordinance.
City Council members discussed the two ordinances amongst themselves.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-30 on second and final reading. Councilwoman Koop seconded the motion.
Vote: 8 Ayes. 0 Nays. The motion carried.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-31 on second and final reading. Councilwoman Koop seconded the motion.
Vote: 8 Ayes. 0 Nays. The motion carried.
ITEM 17 - ORDINANCE O-2005-32 - (AS CORRECTED 9/26/05) AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING ARTICLE TWO RELATING TO DEFINITIONS, ARTICLE SIX RELATING TO SPECIAL USE PERMITS, ARTICLE SEVENTEEN RELATING TO PROCEDURE FOR ZONING AND REZONING AND ADOPTING A NEW ARTICLE SEVEN RELATING TO PERFORMANCE-BASED REVIEW PROCESS
Vince Harris, Planning Manager, stated that the Planning Department fully endorses and recommends approval of the zoning ordinance amendment to implement and place into the zoning ordinance the Performance Based Review Process.
Bill Moreno, Chairman of the Lakewood Planning Commission, explained the proposed Performance Based Review Process and how it amends the zoning ordinance. He introduced the other members of the Planning Commission and thanked former Planning Commission Member Charles Choi for his help with the amendment. He discussed, in some detail, the work it took to get to the point of submitting an ordinance to City Council. Mr. Moreno stated that the Planning Commission unanimously recommends approval of the amendment to the zoning ordinance by City Council.
Public Comment:
Susan Aldretti, Public Policy Director for the Jefferson County Realtors Association
- 950 Wadsworth Blvd. - Lakewood, Colorado
Ms. Aldretti spoke in support of the proposed ordinance.
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan complimented the Planning Commission and the Planning Department
for suggesting that there be a year trial period and review of the Performance
Based Review Process. The notification process allowing for early input by the
community is also needed.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-32 as amended on second and final reading. Councilwoman Koop seconded the motion.
City Council members spoke amongst themselves about the ordinance and asked questions of Mr. Moreno.
Vote: 8 Ayes. 0 Nays. The motion carried.
Mayor Burkholder opened a public hearing on Items 18 and 19 as follows:
ITEM 18 - ORDINANCE O-2005-33
- TO VACATE TELLER STREET RIGHT-OF-WAY LOCATED BETWEEN WEST COLFAX AVENUE AND
WEST 14TH AVENUE, LAKEWOOD, COLORADO
ITEM 19 - ORDINANCE O-2005-34 - TO REZONE LAND LOCATED AT 7200 WEST COLFAX AVENUE, CITY OF LAKEWOOD, COLORADO
Public Comment:
Dave Guetig, Gallo Romero and Associates, representing Colfax Redevelopment Partners and Home Depot, stated he was representing the applicant for the rezoning request. He stated that questions were answered regarding neighborhood comments.
Olga Mikhailova, Senior Planner, Community Planning and Development, stated that in regards to Zoning Case RZl05-006, the applicant has complied with all zoning application requirements. On September 7, 2005, Planning Commission held a public hearing on the rezoning and recommended approval by a vote of 6-0 subject to conditions requiring the applicant to address the issue of idling trucks and provide a solution for same. Staff agreed with the language placed on the ODP documents addressing the idling issue.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-33 on second and final reading. Councilwoman Koop seconded the motion.
Vote: 8 Ayes. 0 Nays. The motion carried.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-34 on second and final reading with the following amendment adding the following language: "It shall be unlawful for any person to idle or permit the idling of a motor vehicle or any stationary diesel fuel burning vehicle or motor vehicle of any kind for a period in excess of 15 minutes in any hour at any location within the limits of the official development plan. Signs restricting engine idling will be required at truck docks and unloading areas as shown on the site plan." Councilwoman Koop seconded the motion.
Vote: 8 Ayes. 0 Nays. The motion carried.
ITEM 20 - GENERAL BUSINESS
None.
ITEM 21 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 22 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 10:39 p.m.
Submitted by,
Margy Greer, City Clerk
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