Minutes of the Regular City Council Meeting - February 13, 2006
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. February 13, 2006


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

Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens

Absent: None

Others in attendance: Joni Inman, Director, Mayor & City Manager's Office
Roger Noonan, City Attorney

ITEM 3 - PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

Mayor Burkholder moved Item 4, Public Comment, to later in the agenda, after the proclamation and award presentation.

ITEM 5 - PROCLAMATION - IN APPRECIATION OF RANDY RUDLOFF

Mayor Burkholder presented a plaque to Randy Rudloff, retiring Facilities Superintendent, in recognition of his 30 years of dedicated service to the City of Lakewood. Mr. Rudloff received a standing ovation from all those present.

ITEM 6 - PRESENTATION - COLORADO CHAPTER OF AMERICAN PUBLIC WORKS ASSOCIATION

Mayor Burkholder recognized Dan Hartman of the Colorado Chapter of the American Public Works Association, who presented an award to the City of Lakewood for its Traffic Signal and Street Light Conversion Project. Mr. Hartman described the project and the significant savings that have resulted. Steve Beavers, Traffic Crew Leader, received the award on behalf of Lakewood's Traffic Engineering Division.

ITEM 4 - PUBLIC COMMENT

Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.

Newt Vaughan, Lakewood, distributed copies of an itemized contribution statement to council members and questioned a $10,000 contribution by the Lakewood Housing Authority to the "Yes on 2A" campaign committee supporting the sales tax increase on last November's ballot. He noted that the contribution was returned, but expressed his opinion that this was still inappropriate. City Manager's Office Director Joni Inman stated that the contribution was authorized by the Lakewood Housing Authority board, which is an independent group. Councilman Anderson asked for follow-up information about this contribution.

Don Ferega, Lakewood, told the City Council about two new programs of the Police Department's Volunteer Surveillance Team. Volunteer Motor Assist will use volunteers to respond to calls for assistance for vehicles that have broken down in traffic. Project Lifesaver will use volunteers for a specialized search and rescue team for clients with Alzheimer's, Autism, Down's Syndrome or related mental disorders. Mr. Ferega stated that applications are now being accepted for the next Citizen's Police Academy starting in March. If individuals are interested in volunteering with the Police Department, they must go through the 10-week Citizen's Police Academy. Anyone interested can call (303) 987-7105 for more information.

Martin Rubenis, Lakewood, stated that dust from the Robinson Brick Company's clay mine, and noise from Bandimere Speedway, make a large portion of the Rooney Valley-Springfield Green area a poor place to build homes.

City Attorney Roger Noonan advised that the city has received a formal application on the Carma property. The city is in a quasi-judicial process and testimony about the application is not appropriate at this time.

Mayor Burkholder stated that citizens will have an opportunity at a later time to come before the Planning Commission and City Council and make comments about the proposal.

Carlo Spano, Lakewood, stated that developers should be begging to come to Lakewood, yet the city gives incentives that aren't needed. He said there is a proposed land swap being considered now. We will be looking at the valuation to make sure it's an even swap. Dot your "i's" and cross your "t's"; we're looking at you, he commented.

Lisa Scott, Lakewood, questioned how landowners are supposed to address the City Council before it's mind is made up if they're not allowed to speak early in the process of a proposed development. She stated that someone is dumping on open space property. She's heard it's city sludge from some lake the city is draining and it's being dumped onto property that someone has already decided is going to be traded away to a developer. This is creating incredible ill will among the landowners and users of Forsberg Park, she said, and then invited people to learn more about this issue on the rooneyvalley.org website.

Rita Bertolli, Lakewood, stated that she came tonight to discuss development of the Rooney Valley, that she attended a neighborhood meeting with the developer last week, and that she was very disappointed in the process. She asked that city representatives be present at any future neighborhood meetings, saying the developer was antagonistic in response to citizen questions. She also encouraged people to go to the rooneyvalley.org website.

Robert Eadie, Lakewood, questioned the term "quasi-judicial" and said he represents the group that has created the rooneyvalley.org website. He asked for the City Council's support to keep Lakewood a nice place to live. Don't let the developers take control of our city, he said.

Cameron Anderson, Lakewood, Boy Scout Troop #380, invited the public to a Community Emergency Preparedness Fair at 13206 W. Green Mountain Drive, Lakewood, on February 28, 4:00-8:00 p.m. This event is his Eagle Scout project. For more information, send an email to emerprep@comcast.net.

Sarah Witherell, Boulder, expressed concern for the environmental impact of the proposed St. Anthony's Hospital development. She stated that the site contains a large population of black-tailed prairie dogs that needs to be relocated. She encouraged the city to do everything it could to facilitate this relocation, and recommended that a portion of the site be dedicated as open space.

Brian Wareing, Golden, said the same scenario is playing out all over the country as it is in Golden and soon in Lakewood - a development involving a hospital. He expressed concern regarding flood plain issues, then questioned the Lakewood Housing Authority's contribution to the tax increase campaign committee. He finished by saying that when the floods come to Lakewood, he hopes to skipper a boat and give 3-hour tours.

Kathy Panicucci, Lakewood, said she also represents the rooneyvalley.org group and that she is a concerned landowner in the area and has noticed the dumping in the park area. She asked council members to take a close look at whatever development is being proposed.

As there were no other persons wishing to speak, Mayor Burkholder closed public comment.

The following Consent Agenda items were read into the record by the Acting City Clerk:

ITEM 7 - RESOLUTION 2006-7 - REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR IMPROVEMENT EXPENDITURES OF THE AVIATION PARK FOR THE PERIOD COMMENCING FROM AUGUST 1, 2004 THROUGH DECEMBER 31, 2005

ITEM 8 - RESOLUTION 2006-8 - ACCEPTING COMMISSIONERS DEEDS, FROM THE JEFFERSON COUNTY COMMISSIONERS TO THE CITY OF LAKEWOOD TO CLEAR TITLE TO FOLLOWING PARKS AND RIGHT-OF-WAY FOR WEST FIRST AVENUE LOCATED WITHIN THE CITY LIMITS OF THE CITY OF LAKEWOOD

ITEM 9 - RESOLUTION 2006-9 - ACCEPTING A TREASURER'S DEED TO THE CITY OF LAKEWOOD FOR A PORTION OF WASHINGTON HEIGHTS PARK AND ARTS CENTER LOCATED AT 6375 WEST 1ST AVENUE THAT WAS NEVER CONVEYED TO THE CITY OF LAKEWOOD

ITEM 10 - RESOLUTION 2006-10 - APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF LAKEWOOD CITY COUNCIL BUDGET AND AUDIT COMMITTEE; FURTHER, ESTABLISHING CERTAIN RESPONSIBILITIES OF SAID COMMITTEE

ITEM 11 - ORDINANCE O-2006-4 - AUTHORIZING AN EASEMENT TO PUBLIC SERVICE COMPANY FOR AN UNDERGROUND UTILITY LINE AND RELATED FACILITIES FOR A FEEDER LINE LOCATED IN THE GREEN MOUNTAIN RECREATION CENTER LOCATED AT 13198 WEST GREEN MOUNTAIN DRIVE, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY

ITEM 12 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting January 23, 2006

ITEM 13 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Youth Commission Meeting December 6, 2005
Senior Citizens Advisory
Commission Meeting November 9, 2005

As there was no one wishing to speak, Mayor Burkholder closed public comment on the Consent Agenda.

Councilman Peterson made a motion to approve the council minutes, accept 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 adoption of resolutions, all of which are included in the Consent Agenda items introduced into the record by the Acting City Clerk. It was seconded by Councilwoman Wise.

Councilwoman Stack asked for clarification on Item #8. Property & Purchasing Services Manager Mike Connor explained that Resolution 2006-8 refers to a number of park facilities for which the city will accept deeds from Jefferson County. The segment of West First Avenue referred to in the resolution is a small 100-200 foot right-of-way segment in front of one of the park parcels.

Vote on the Consent Agenda: 11 Ayes. 0 Nays. The motion carried.

Mayor Burkholder stated that there would be one public hearing combined for Items #14 & #15.

ITEM 14 - ORDINANCE O-2006-2 - ORDINANCE CONCERNING THE REFUNDING OF CERTAIN OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A CIVIC CENTER PROJECT AND A LIBRARY PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FIRST AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT, A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AND SUBLEASE, AN ESCROW AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF A FIRST SUPPLEMENT TO MORTGAGE AND INDENTURE OF TRUST; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY

ITEM 15 - ORDINANCE O-2006-3 - ORDINANCE CONCERNING THE REFUNDING OF CERTAIN OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF DESIGNATED RECREATION CENTERS AND OTHER CAPITAL IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A SECOND AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT, AN ESCROW AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF A FIRST SUPPLEMENT TO MORTGAGE AND INDENTURE OF TRUST; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY

Mayor Burkholder invited Finance Director Larry Dorr to discuss the two items. Mr. Dorr explained that these ordinances mean significant savings to both the City of Lakewood and Jefferson County Library Board by allowing the governing bodies to adopt resolutions to amend the original certificates of participation documents in order to take advantage of lower interest rates. He noted that if these two ordinances are adopted, then Item #16, Resolution 2006-11, can be considered, and he has copies of the revised resolution with all the financial blanks filled in, using interest rates as of today.

Public Comment:

Newt Vaughan, Lakewood, stated that during the recent tax election the opposition made the public aware that the city has a lot of COP debt. He commented that people should have been allowed to vote on that debt and if they had, the city wouldn't be in the position it is today.

Mike Muller, Lakewood, said he'd like to know what amount of savings will be achieved. He further commented that four years ago he and others suggested that the city refinance the COPs and split them out in bonds. This is when the city was first having budget trouble. And now all of a sudden - after the tax increase passes - the idea of refinancing is resurrected, he said. Mr. Muller said voters should be allowed to decide if citizens really support these projects.

Councilman Peterson made a motion to adopt Ordinance O-2006-2 on second and final reading. Councilwoman Wise seconded the motion.

Councilman Elliott addressed some questions to Mr. Dorr about timeline and savings. Mr. Dorr noted that the Council Budget & Audit Committee has been paying attention to these issues for several years, but general market conditions have not been favorable until recently. The length of term will not change as a result of the refinancing proposed under Item #16, he said; the payoff date will remain the same.

Vote: All Ayes. No Nays. The motion carried.

Councilman Peterson made a motion to adopt Ordinance O-2006-3 on second and final reading. Councilwoman Wise seconded the motion.

Vote: All Ayes. No Nays. The motion carried.

ITEM 16 - RESOLUTION 2006-11 - DETERMINING THE BASE RENTALS PAYABLE UNDER THE FIRST AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT ATTRIBUTABLE TO THE REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2006B; AND APPROVING THE TERMS OF A PURCHASE COMMITMENT WITH RESPECT TO THE REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2006B

Finance Director Larry Dorr distributed copies of amended Resolution R-2006-11. He stated that this amended resolution allows the refinancing of one of the two outstanding certificates of participation, specifically the Civic Center and Library projects. Savings to the city is around $80,000 per year times 15 years; savings to the Library Board is about $40,000 per year for 8 years. This is a total savings of $1,513,000, he said.

Public Comment:

Newt Vaughan, Lakewood, said he is not opposed to this action because it does result in savings, but noted that it represents a cost to taxpayers that was not authorized by a vote of the people.

Councilman Peterson made a motion to adopt Resolution R-2006-11, as amended. Councilwoman Wise seconded the motion.

Vote: All Ayes. No Nays. The motion carried.

Mayor Burkholder made several announcements about zoning hearing procedures.

ITEM 17 - ORDINANCE O-2006-1 - TO REZONE LAND LOCATED AT 9990 WEST ALAMEDA AVENUE, CITY OF LAKEWOOD, COLORADO

Councilwoman King stated that she has closely followed the proposed Milestone Project for several years and after consulting with legal counsel, has decided that it is in the best interest of all involved to recuse herself from decision-making concerning this issue. Councilwoman King then left the Council Chambers.

Councilwoman Allen stated that her brother's company has worked with the developer in the past. She said she has consulted with the City Attorney and decided there is no conflict of interest so she will hear and decide on the matter.

Acting City Clerk Sharon Blackstock stated that a legal protest has been filed regarding the proposed rezoning of 9990 West Alameda Ave, that the protest petition has been reviewed by the city's Property Manager, that he has determined the signatures represent 36.39 percent of the legal protest area, and that this is sufficient to meet the standard for a legal protest. A favorable vote of 2/3 of all members of the City Council (8 votes) are therefore required to approve the rezoning ordinance, she said.

Mayor Burkholder invited the applicant to make a statement. Joe Jehn, engineer for the applicant, stated they would like to make their presentation during the question and answer time after public comment is heard. Ken Kiken, principal owner of Milestone Partners, talked about the commitment he as a developer has for making this project work in Lakewood, the importance of neighborhoods and the efforts Milestone has made to respond to the concerns of the neighborhood.

Kara Mueller, Planner, City of Lakewood, entered the record of the case for purposes of this proceeding, saying that the Planning Commission recommended approval of the request by a vote of 4 to 3 at its August 31, 2005 meeting. The request is to rezone the property located at 9990 West Alameda Avenue from OF (office), 3-R (duplex and small lot residential), and 1-R (large lot residential) zone districts to the PD (planned development) zone district referred to as Homestead Apartments Official Development Plan. The applicant is requesting the rezoning to allow for the construction of 264 multi-family and live-work units.

Public Comment:

Representatives of the Alameda Homeowners Association made a presentation in opposition to the proposed rezoning. Their opposition was based on their belief that the rezoning would not be consistent with the goals of the City's Comprehensive Plan, on density issues and traffic and parking concerns. They questioned the need for another apartment complex in the area and raised concern over the potential negative impact on property values. Other issues included site grading and the proposed detention pond, fire district access, proposed work/live units, and crime. The group expressed support for developing the site using existing zoning. Those who spoke included: Barry Roberts, Scott Pocsik, Sherry Evans, Judy Smerey, Linda Keiscome, Jon Morris, Peggy Phillips, Jerry Sheppard, Alan Yehle, Jean Smith, Melody Holm, Lynda Pencis, Albert Williams, Tom Carllon, Carol Gibson, Nancy Larson, Sharon Moreno, Deanna Hanna and Jenny Merriman, all of Lakewood, Colorado.

Mayor Burkholder complimented the group on a concise and well-done presentation.

The following persons spoke in favor of the proposal, saying it fits within the goals of the Alameda Cornerstone Plan and the City's Comprehensive Plan, that the project will be well-done and an asset to the community: Ron Sholar, Lakewood; Susan Lythgoe, Lakewood; Greg Stevinson, Lakewood; Paul Lewis, Lakewood; John Boettiger, Arvada; Bill Meeman, Lakewood; Bill McCombie, Lakewood; John Milan, Lakewood; and Carrie McCool, Lakewood.

The following persons expressed support for the proposal based on their positive experiences living in a similar development in Arvada: Tyler Clements, Patricia Shields, Adam Jaslow, Marcia Drysdale, Andrew Rocheleao, Zachary Nelson, Stephanie Nee, and Goverin Austin. City Attorney Roger Noonan advised City Council that this testimony was not relevant to the zoning hearing.

Mayor Burkholder read the names of persons who signed the public hearing roster in opposition to the proposed rezoning but who opted not to speak.

The following persons spoke in opposition to the proposal based on concerns related to traffic, density, school population, drainage, inconsistent fit with the surrounding neighborhood, and inappropriate written communication that was distributed by the applicant: Joan Wofford, Lakewood; Jeannette Roberts, Lakewood; Bridget Lieggi, Lakewood; Debra Hindman, Lakewood; Joanne Giusto, Lakewood; Les Nelson, Lakewood; Jan Harris, Lakewood; and Gary Lieggi, Lakewood.

Mayor Burkholder closed the public hearing at 10:51pm and invited council members to ask questions of clarification of the applicant or staff. He expressed concern over the scare tactics used by both sides of the issue since the time this development was first proposed to the present. He said City Council cannot make a decision about zoning based solely on the fact that rental units are being proposed; the decision has to be based on the Lakewood Comprehensive Plan, as amended by the Alameda Cornerstone Plan, and how these tie in with the Lakewood Zoning Ordinance.

Councilman Stevens complimented both sides on their presentations tonight, then asked staff to respond to concerns raised over drainage related to the proposed project and its impact on the surrounding neighborhood. Anne Heine, Civil Engineer for the City of Lakewood, stated that shallow groundwater has been identified through engineering reports and that the applicant believes this can be mitigated through proper engineering. The buildings will not have basements. She explained how drainage will flow throughout the site and said she did not feel there will be additional drainage problems in the surrounding neighborhood as a result of this project.

Councilman Stevens also asked about traffic impacts. John Padon, a Traffic Engineer for the City of Lakewood, said the applicant has submitted a traffic study that is a reasonable projection of how traffic will impact the area as a result of the proposed development. The connection from Hoyt Street to Exposition will be a benefit to the neighborhood, he commented.

Councilwoman Wise asked about height limitations of existing zoning and proposed zoning. Planner Kara Mueller responded, saying the existing office zoning allows a height of up to 60 feet; for the area zoned for duplexes, the height can be up to 35 feet. The proposed zoning would allow up to 41 feet height at the tallest of the main structure, with some architectural elements being allowed to reach 46 feet.

Councilman Elliott asked about the possibility of losing the frontage road if at some point in the future Kipling is widened. John Padon stated that all of this would be reviewed prior to widening Kipling and some accommodation would be made to make sure access is maintained.

Councilwoman Koop asked about parking for live/work units and parallel parking along Alameda. Planner Kara Mueller stated that the city will not be giving up any right-of-way, but there will be improvements paid for by the developer that will require a license to use portions of the right-of-way. No more parking will be required for live/work units than would be needed for a standard apartment. Joe Jehn, engineer for the applicant, discussed parking for the live/work units, saying that the businesses allowed in these units would have very low public contact. Parking on neighborhood streets would be unlikely, he said, due to the 140-foot buffer and 6-foot fence between the project and the existing neighborhood.

Councilman Elliott asked how traffic might look if the property were developed using the existing zoning. John Padon said an office development and duplex homes would generate about 600 more trips per day than the proposed development.

Councilwoman Wise asked about a comment by one citizen that 50% of the open space allocation for the proposed project is actually parking. Kara Mueller said that statement was not correct, and described how open space is determined.

Joe Jehn reviewed the site plan for the proposed project, including fire district access and traffic impacts.

Councilman Murphy asked for clarification regarding the staff report, specifically affordable housing alternatives, live/work units and current status of the developer's entitlement on the property, specifically referencing the unfortunate letter that went out from the applicant saying we will build the current zoning.

Kara Mueller responded, saying the proposal being considered tonight is for luxury units, not affordable housing. Up to 32 live/work units will be either residential or a combination of live/work with residential, but they can't just be a shop or office. The intent is that someone will actually live where they work. A small sign would be allowed, but not a canopy. All these units will face Alameda.

Mr. Jehn responded to the question of entitlement, saying that a preliminary submittal has been made to staff based on the existing zoning so the applicant could address certain issues. He stated there is a use by right for the office buildings and duplexes and the applicant will move forward and build out the site as it's currently zoned if the proposal being considered tonight fails. Eric Foster, a partner with Milestone Partners, stated that they have the land under contract with the current owner, but the sale is not contingent on this zoning application. He said they are trying very hard to accommodate the concerns of the neighbors, but they want to develop the property in the best way possible. He commented that they have spent 3 years working with the city and the neighborhood in order to create the best project possible.

Councilman Peterson referred to the preliminary submittal based on current zoning that was mentioned by Mr. Jehn and asked how many office buildings Milestone has built. The applicant stated that Milestone is a newer company and its first project was the Westward Look apartment complex in Arvada. The development in Lakewood would be its second project.

Councilman Elliott asked about background checks that the developer said will be done on potential tenants. City Attorney Roger Noonan said he's not aware of any requirement in the zoning that would force them to do this. We would have to rely on the developer to follow through on his promise, he advised.

Councilman Stevens asked about the site's potential for office development. Joe Jehn stated the site would be more difficult to develop for office use because of traffic and drainage issues. Councilman Peterson asked if the preliminary submittal for existing zoning has been reviewed. Kara Mueller said the only review thus far has been focused on public improvements. All other types of review would still need to be done before approval is granted. Any proposal with 10 lots or more would have to be approved by the Planning Commission as a major subdivision. Any office development proposal would go through an Article 15 major site plan review, she said.

Councilman Stevens asked for further clarification regarding drainage issues and asked whether a fence would be required around the detention pond. Mr. Jehn discussed the drainage plan. Engineer Anne Heine stated that a fence would not be required around the detention pond. Councilman Peterson referred to the grading plan and asked how high buildings would be in relation to existing neighbors' properties.

Mayor Burkholder asked about densities within the proposed project. Mr. Jehn discussed numbers of units per acre from south to north. He stated that in order to keep the project relatively affordable, they could not go much below the proposed 264 units.

Discussion ensued about pedestrian access to Addenbrooke Park.

Councilman Peterson made a motion to adopt Ordinance O-2006-1 on second and final reading based on the findings of fact of the Planning Commission dated August 31, 2005. Councilwoman Wise seconded the motion.

Mayor Burkholder wished everyone a Happy Valentine's Day, as it was past midnight, and called a 10-minute recess at 12:10 a.m. He reconvened the meeting at 12:20 a.m. and invited council members to discuss the motion before them.

Councilman Peterson stated that he is very familiar with the City's Comprehensive Plan and was involved in developing the Alameda Cornerstone Plan. He commented that one of the goals of the Comprehensive Plan is to promote infill development that interacts well with the character of adjoining neighborhoods. He said he doesn't see how a heavily landscaped 8-foot berm meets this goal, nor does he see how this project would strengthen and support neighborhoods. He said he understands that the Cornerstone Plan calls for increased densities along the corridor and that's a given for this particular site. He commented that he thinks the proposal is a very good one, the applicant has done a good job creating a project that has a place in our community, but not on this particular site. He stated that this has been a difficult decision because Lakewood is full of infill sites and people cannot expect to keep them undeveloped, but we should expect that when a site is infilled, the project should follow the intent of the governing documents we have created. He concluded by saying he would not be voting in favor of the motion.

Councilman Elliott agreed that the decision is a hard one, that he believes the applicant has tried to work hard with the neighborhood, and that the project design is well-done, but he believes the current office zoning on the corner of Kipling and Alameda should be kept available for opportunities for primary jobs. He said the developer has done an incredible job trying to work with the neighborhood, but he doesn't want to turn this potential office site into more residential units. The current zoning on this site meets the goals of the Alameda Cornerstone Plan, less intense residential and office development. He said he will not vote in favor of the ordinance to rezone.

Councilman Stevens said he's seen lots of projects over the years that he hasn't liked and some that were just plain bad, but he doesn't think this is one of them. He said he sympathizes with the neighbors, but he thinks the developer has worked hard to mitigate impacts on the neighborhood. He said the city needs a good mix of housing stock in this area and if this project is not approved, we might end up with a development that doesn't have the kind of buffering that this proposal provides. He commented that infill sites are difficult and he thinks this developer has tried hard to fit the project in with the Cornerstone Plan. He said he thinks there's a surplus of office space in Lakewood, and he will vote in favor of this proposal to rezone.

Councilwoman Allen agreed that this is a hard decision, that she plans to vote based on the concerns raised by the neighborhoods, but cautioned the neighbors to be careful what they wish for. They have a developer willing to work with them and if the zoning is not changed, the neighborhood may not have that kind of opportunity again.

Mayor Burkholder said the community has been very much involved in development of the Comprehensive Plan and Alameda Cornerstone Plan. Our decision needs to be based on those plans and he believes the project meets the goals of both. This proposal is a good opportunity for the city, he said; he will support the motion. He thanked both sides again for their presentations.

Vote: 3 Ayes (Burkholder, Koop, Stevens); 7 Nays (Anderson, Allen, Wise, Peterson, Stack, Murphy, Elliott). The motion failed.

ITEM 18 - GENERAL BUSINESS

There was no general business.

ITEM 19 - REPORTS

There were no reports.

ITEM 20 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 12:35 a.m.

Submitted by:
Sharon Blackstock, Acting City Clerk