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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
Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Absent: Mike Stevens
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 - PROCLAMATION - MENTAL HEALTH MONTH
Mayor Burkholder proclaimed May as Mental Health Month.
ITEM 5 - PROCLAMATION - NATIONAL ARBOR DAY
Mayor Burkholder proclaimed April 28, 2006 as Arbor Day.
ITEM 6 - PROCLAMATION - COLORADO COLFAX MARATHON
Mayor Burkholder recognized the Inaugural Post-News Colorado Colfax Marathon.
Councilman Elliott introduced Boy Scout Troop 135. He stated that they would be back in two weeks to do the presentation of the flags
ITEM 7 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Dan Lynch - 2217 S. Flower Ct, Lakewood CO
Stated he doesn't think public comment should be moved to the end of the agenda.
It places a structural barrier for those who are out of the room when the gavel
hits to end the meeting. His main concern was over the quasi-judicial rule that
affects the process of re-zoning. Stated he thinks the rule would appear to
be a developers' dream in limiting the process of discussion on some pretty
critical issues. Stated that he thinks it is strange that it limits your ability
to discuss an issue with one of your constituents. Recommended an independent
arms-length evaluation of the legal considerations, not by the City Attorney,
perhaps a retired judge or an attorney who is at arm's length from the City.
Strongly urged the City Council to request some clarification of when this does
and doesn't apply and under what circumstances.
Councilman Murphy stated that he is aware this issue is a concern to the community and he is not sure Council has done a real good job of explaining it. Asked for clarification from City Attorney Roger Noonan that this is a state statute.
City Attorney Roger Noonan stated that it is not part of a state statute. It is a result of a Colorado Supreme Court Decision in 1975. It is statewide and has been in effect for 30 years, relative to courts determination of the review process for rezonings by municipalities as a quasi-judicial proceeding.
Councilman Murphy stated he recognized the frustration and he commented that if our judgment is in question now, imagine a situation where we are in a position to communicate with a developer at which point our judgment could really be in question. He said the system works to keep the process as clean as possible.
Bob Zachman - 13182 W. Jewell Cir, Lakewood CO
Introduced a new organization to the City Council and citizens of Lakewood as
the Heritage Culture and Arts Alliance that was incorporated in 2005 as an independent
501(C)(3) non-profit organization. This organization helps to sustain and enhance
the special opportunities in the City of Lakewood.
Lora Green - Ward 2
Stated that public comment should not be moved to the end of the agenda and
asked Council to consider keeping public comment where it is. Discouraged the
quasi-judicial rule and said the fundamentals and the purpose of City Council
is for the citizens of Lakewood. If you allow them to be silenced regardless
of whatever reason, she stated that she believes that City Council is denying
the people of their rights as Americans.
Councilman Murphy clarified that the quasi-judicial rule is a ruling of the Colorado Supreme Court, not a ruling of this Council. It is a rule that is applicable to every governing body in the State of Colorado.
Newt Vaughn - 8663 W. Hawaii Dr.
Stated that he was disappointed when he found out that the State of Colorado
has no statute, rules or regulations for district elections.
Brian Waring - 13680 W. 30th Pl.
Stated that anytime you take away the first amendment from the people, there
is bound to be concern and for good reason. Read a poem/song he had written.
Ralph Bashor - 391 Harlan St.
Stated he is here tonight to finish what Mayor Burkholder wouldn't let him finish
last week and he proceeded to read from the United States Constitution.
Mark L. Davis - 13800 W. Alaska Dr, Lakewood CO, Ward 4
Stated that he stands for the principle that government is of the people and
by the people and governmental powers should be limited. People should be given
the right to address the government freely and without artificial restrictions
and time limits. Stated that Mr. Noonan and City Manager Mike Rock have played
fast and loose with the rules of quasi-judicial. Stated that all rezoning is
not quasi-judicial. Stated that public comment being moved to the end of the
agenda will not work. He said that he is opposed to the Springfield Green project
which will have a detrimental impact on the adjacent landowners and adjacent
public parks.
Mr. Noonan stated that relative to Mr. Davis' comments the discussion of the Carma development is considered to be quasi-judicial and is inappropriate during public comment. Stated there will be a public hearing at which time he can make those comments.
Mayor Burkholder stated that Mr. Davis is out of order and declared a five-minute recess beginning at 8:32 pm and reconvening at 8:37 pm.
Natalie Menten
Wanted to make the people aware of a law that came into effect about two years
ago. Our state legislature enacted it and she stated that many people are not
aware of this law. The law is when you see an officer pulled over to the right
with flashing lights on, you need to move one lane over to the left. Stated
she believes it is a very good law and should be recognized.
Public comment was closed.
Councilwoman Wise stated that one of the leading causes of officers' deaths are traffic stops. There is a national tendency to steer in the direction of the officer on the right side of the road.
Stated that she is confused tonight due to the mixed messages during public comment. Concerned about the number of citizens that come up here and "lam blast" City Council for failing to abide by processes that are clearly in place and clearly the citizen's don't understand those processes. Many neighborhoods have approached Councilwoman Wise, prior to projects going into the formal application process, to make sure she knew what their concerns were. She stated that citizens have implied that City Council is shutting down the communication process.
Stated that citizens and businesses have complained for over a year that they have to get up early for work just like everyone else, stated they have a right to conduct their business. Professional courtesy is being extended to those people who have to come and conduct business before Council. Stated that she believed we have to honor those people who come before us with business. Therfore, she stated she was in agreement with moving public comment to the end of the agenda.
Councilman Peterson stated that public comment is a right of every citizen however there are people that come here with a specific purpose in mind to comment on rezoning issues to make their voice heard in a proper and formal way. Stated he absolutely supports moving public comment to the end of the meeting only out of professional courtesy.
Councilwoman Allen stated that this is not the only place citizens can talk to her. She can be reached by email and by phone. If the public wants to come to talk and be on T.V., the public will have to wait until the end of the meeting. The agenda needs to be addressed first. Stated that the quasi-judicial rule is so that we may stay objective.
Mayor Burkholder addressed public comment and stated that it is an intrical part of City Council meetings; also he is more inclined to listen to the people in the community because it is their City. Apologized to the boy scouts in the room for having to take a recess. While he may or may not agree with the comments made, he will certainly listen to the people who come up and talk. As the mayor of the City Of Lakewood, he stated he will not let anarchy set into this City.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 8 - RESOLUTION 2006-31 - APPOINTING MEMBERS TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS
ITEM 9 - RESOLUTION 2006-32 - AUTHORIZING THE PURCHASE OF PORTABLE RADIO EQUIPMENT FOR THE POLICE DEPARTMENT
ITEM 10 - RESOLUTION 2006-33 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND APPLEWOOD SUMMIT FOR THE CONSTRUCTION OF A RETAINING WALL AND AN IRRIGATION CONDUIT IN THE URBAN STREET RIGHT OF WAY; FURTHER REVOKING THE REVOCABLE LICENSE AGREEMENT AUTHORIZED BY RESOLUTION 2003-81
ITEM 11 - RESOLUTION 2006-34 - RECOMMENDING AWARD OF A CONTRACT TO MATRIX ENGINEERING FOR THE CREATION AND USE OF A TRANSPORTATION PLANNING MODEL
ITEM 12 - ORDINANCE O-2006-13 - FOR THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING A CONTRACT FOR PROFESSIONAL URBAN PLANNING AND REAL ESTATE DEVELOPMENT SERVICES FOR THE WADSWORTH AND 13TH AVENUE STATION DEVELOPMENT AND IMPLEMENTATION PLAN; FURTHER APPROPRIATING FUNDS TO PAY FOR SAID SERVICES: FURTHER DECLARING AN EMERGENCY
ITEM 13 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting February 27, 2006
Regular City Council Meeting April 10, 2006
ITEM 14 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Liquor and Fermented Malt January 12, 2006
Beverage Licensing Authority Meeting
Lakewood Liquor and Fermented Malt January 26, 2006
Beverage Licensing Authority Meeting
Lakewood Liquor and Fermented Malt February 9, 2006
Beverage Licensing Authority Meeting
Lakewood Housing Authority Meeting March 27, 2006
Commission on Cultural Diversity April 5, 2006
and Human Relations Meeting
Public Comment:
Mark Mueller
Inquired if the costs that are associated with item 11 and item 12 are going
to be subtracted from the millions of dollars that the City owes RTD.
Mayor Burkholder stated that everyone who is commenting needs to give their names. Also stated that this is a first hearing on that ordinance.
Lora Green - Ward 2
Questioned what the state of emergency is on Item 12.
Public Hearing was closed.
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 City Clerk. It was seconded by Councilwoman Wise.
Mayor Burkholder asked for clarification and an explanation regarding the transportation planning model, in Resolution 2006-34. Also asked for clarification of ordinance 2006-13.
City Manager Mike Rock stated that when an individual development project comes before the City they are required to conduct a transportation impact analysis with a detailed analysis of average daily trips and the impact that those trips have on the roadways adjacent to the project. Ordinance 2006-13 has more to do with RTD. RTD's current plan calls for a station on the north east corner of Wadsworth and 13th. The city would like to evaluate whether or not it makes more sense to have that station on the north west corner of that quadrant. They are going to have a consultant look at that with them and whether that is an eligible cost for reimbursement. He stated they have not yet negotiated a reimbursement agreement with RTD.
Councilman Elliott asked for clarification regarding item 11and asked if this item is specifically related to the Denver Federal Center proposed development, and is the cost for the Union/Alameda studies going to be picked up by the GSA rather than by the City of Lakewood.
Mr. Rock stated that the cost would be picked up by St. Anthony's hospital and RTD for their specific proposal.
Councilwoman Stack stated that the Lakewood Liquor Authority minutes for January 12th indicate that Mr. Munez was absent, but within the minutes it is noted several times that he has made recommendations. She asked that the minutes be corrected. She also said she is wondering if Council has approved the proclamations for the Commission for Cultural Diversity.
Mayor Burkholder stated he would look into it.
Councilman Anderson requested clarification on the traffic study in and around the Federal Center and said there seems to be some confusion. He also asked if there is a request for proposal for a traffic study for the St. Anthony's project.
Mr. Rock stated that St. Anthony's Hospital has not yet prepared a request for approval.
Councilman Anderson inquired if there is a sense of time as to when a traffic study will occur regarding the St. Anthony's project.
Mr. Rock stated that it all depends on when the negotiations are complete for the land acquisition because that triggers their application to the City. As soon as they file an application, a traffic study should be available 30-45 days after that.
Mr. Elliott stated that the traffic study will include Union as well as Alameda and the impacts that development would have on those two major corridors.
Mr. Rock stated that declaring an emergency simply allows the ordinance to take effect immediately upon signature which allows us to take advantage of the contract GSA already has with Matrix Engineering.
Mr. Noonan stated that Item 12 is related to the schedule that RTD has. They have to complete all of their assessment work by this fall and once they get locked into a project design it will be too late to include any changes in their bid.
Roger Wadnal - Community Planning and Development stated that RTD is going to be at 65% design in September/October and in order to make our findings and get them in a timely manner, we have to start the project as soon as possible. The 30 days is very important to meeting their deadline.
Vote on the Consent Agenda: 10 Ayes. 0 Nays. The motion carried.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 15 - ORDINANCE O-2006-11 - TO REZONE LAND LOCATED AT 2100 IRIS STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment:
Robert & Vicki Holland, 2100 Iris St, Lakewood CO
Requested a rezoning of their property at 2100 Iris St. from 2R small lot residential
to 1R large lot residential to match and be in concert with the surrounding
zoning. The planning commission has approved this and they requested that the
rezoning be approved by City Council.
Amy Deknikker - Community Planning and Development - Entered into the record Case Number RZ06001 which includes the site plan and all submitted case materials related to the application. Asked the Lakewood Zoning Ordinance, Subdivision Ordinance, Morris Park Neighborhood Plan, Comprehensive Plan and all its amendments be included in the record. Asked that City Council accept all materials and testimony presented and that it be labeled by the City Clerk and be included as part of the record. Staff recommended that City Council approve Case Number RZ06001. Planning Commission vote was 7-0.
Public Hearing was closed.
Councilman Peterson made a motion to adopt Ordinance O-2006-11 on second and final reading. It was seconded by Councilwoman Wise.
Councilman Peterson thanked the applicants for their patience and their presentation.
Vote: 10 Ayes. 0 Nays. The motion carried.
ITEM 16 - ORDINANCE O-2006-12 - TO MODIFY EXISTING ZONING FOR LAND LOCATED AT 9894 WEST GIRTON DRIVE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Amy Deknekker - Community Planning and Development - Entered into the record Case Number MO05006 that includes the site plan and all materials related to the application. Asked that the Lakewood Zoning Ordinance, Subdivision Ordinance, Comprehensive Plan and all its amendments be included in the record. Asked that City Council accept all materials and testimony presented during tonight's hearing and that it be labeled by the City Clerk and included as part of the record. Staff recommended that City Council approve Case Number MO05006. The Planning Commission vote was 7-0.
Public Comment: None.
Councilman Peterson made a motion to adopt Ordinance O-2006-12 on second and final reading, seconded by Councilwoman Wise.
Councilman Elliott asked for clarification. Asked if part of this is in unincorporated Jefferson County.
Amy Deknekker stated that the subject property, which is the Bear Creek Auto Body Office Building, is entirely in the City Of Lakewood. It works in conjunction with the Bear Creek Auto Body Shop, which is in unincorporated Jefferson County and is an adjacent property.
Vote: 10 Ayes. 0 Nays. The motion carried.
ITEM 17 - ORDINANCE O-2006-8 - DIRECTING THAT THE ZONING OF THE PARCEL OF LAND KNOWN AS GREEN MOUNTAIN RAVINE BE CHANGED FROM PLANNED DEVELOPMENT ZONE DISTRICT (PD) TO 2-R SINGLE FAMILY RESIDENTIAL
Public Comment:
Carolynne White - 410 17th St, Denver CO - property owner representative
Stated that council had before them the opportunity to consider an initiated
downzoning of the property which would change the existing zoning to 2R small
lot single family residential. Stated there are two choices; first, Council
can adopt the ordinance as proposed and downzone the property or secondly, schedule
the matter for an election. Stated her client has only two choices: 1) develop
the property under 2R zoning or, 2) to participate in an election. Stated an
election would only cause delays in a project that has already been significantly
delayed beyond what is desirable. Stated her purpose is to urge City Council
to adopt the ordinance and to zone the property 2R as proposed by the initiated
measure. Assured City Council that the main purpose to urge this rezoning is
to resolve the controversy and dispute that has been fermenting for the last
one and one half years which is preventing development of the property. This
is still a scenario that allows a reasonable development potential but it is
the absolute bare minimum development potential for this property.
Mark L. Davis - 13800 W. Alaska Dr, Lakewood CO
Stated he was one of the original signers of this petition and thanked everybody
who signed the petition. Stated the City was faced with the choice of adopting
the initiative or spending untold money for a special election to assist the
developer. Stated the only way out of this dilemna was for the City to meet
with the developer's representative and obtain their consent that the petition
could be accepted by the developer and City Council and not over objection of
the City Council. Stated that he is entitled to know if those meetings ever
occurred and, if they did, where would he find records of them. Stated he is
in favor of adopting the ordinance.
Bev Maestas - 1739 S. Coors Ct, Lakewood CO
Stated she was here tonight to ask Council to adopt the downzoning issue and
stated she is happy that the contractor has agreed to do so. Also asked to keep
in mind as this moves forward your constituents because they are very much interested.
Les Georgis - 13892 W. Montana Ave, Lakewood CO
Stated he is in favor of the ordinance being adopted and urged City Council
to adopt the ordinance.
Claudia Miller - 1670 S. Arbutus Pl, Lakewood CO
Stated she has lived in her home for 32 years. Stated neighbors' homes have
significant water damage due to the water running under their homes. Wanted
the people who are making these decisions to know that if you disrupt the ground
the chances are fairly good that it may change the flow of the underground streams
which may lead to damage for existing homes in the area. Stated she is afraid
that if there is damage to these homes, the developer will be gone as it may
take some time for that damage to show up.
Patrick Malone - 1663 S. Beech St, Lakewood CO
Stated that they have communicated a lot over the last three years with Councilman
Elliott and Councilman Anderson's predecessor and have had a lot of good partnerships.
Stated they were able to get the city to act as a partner and submit a proposal
to Great Outdoors Colorado to try to bring some resolution to the property and
work with the landowner on a bargain conservation easement sale. Stated he personally
believes that this is one of the best resolutions to this property. Stated he
supports this ordinance because he believes it is a better compromise but believes
the best solution would be that the property remain completely open and undeveloped.
Rita Bertolli - 13484 W. Oregon, Lakewood CO
Thanked all of the people who did the petition with them. Stated that they don't
suspend any of our rights to object to anything on this land that is unstable
or improper. The whole point of downzoning is to make something that is more
appropriate for the property. Stated she was a little disappointed that there
may not be a special election because something in the City needs to change,
and if there would have been an election, some things may have changed.
Public Hearing was closed
Councilman Peterson asked that since this is a motion that would result in a zoning change, typically those are made based on findings of fact and in this instance he doesn't have that and asked if Mr. Noonan could help frame this motion.
Mr. Noonan stated there will be no findings of fact. It will be a straight motion to adopt Ordinance O-2006-8. The findings are surplanted by the fact that the petitions have been submitted to City Council and have been found to be sufficient. There is not a step for City Council to base it upon some other findings.
Councilman Peterson made a motion to adopt Ordinance O-2006-8 on second and
final reading. It was seconded by Councilwoman Wise.
Councilman Elliott stated he has been involved in this issue for about three years and he applauded the neighborhood for going through with something they felt very strongly about. Recognized Mr. Todd for agreeing to this without having to go to an election.
Councilman Murphy asked Becky Clark to address the fact that they went from 60 to 24 to ten dwelling units.
Becky Clark - Community Planning and Development Stated it does require a public hearing for a preliminary map as well as the final plat.
Councilman Anderson asked Becky Clark to elaborate on that process and the role City Council will have as it goes forward and the role citizens can, and should, have in it.
Becky Clark stated that this does go to the Planning Commission for preliminary map and final plat. If it is appealed, it then is heard at City Council.
Councilman Anderson asked if there would be opportunities for citizen input as to any plan that is put forward.
Becky Clark stated it is at Planning Commission but it is a legislative matter so it is not quasi-judicial. It is open for discussion.
Councilman Anderson asked if he could go back into the neighborhood.
Becky Clark stated that Councilman Anderson could go back into the neighborhood.
Councilman Elliott asked for clarification. Clarified that it will go before the Planning Commission and the only way it would come before Council is if it was appealed.
Becky Clark state that is correct.
Councilman Elliott clarified that on the original Official Development Plan that was going to come before Council and it was written that it had to come before Council. Because if we downzoned it, it would not come before Council.
Roger Noonan stated that Councilman Elliott is right. This property is now
downzoned to 2R. It is not subject to the original development plan process
which would have required coming back through the Planning Commission and City
Council. This is straight zoning 2R subject to the City Ordinances but not to
the language that was originally in the Official Development Plan back in the
70's.
Councilman Anderson
Asked Ms. White if the ordinance goes forward to Council, if her client intended
any actions of legal nature regarding any of the issues that have been discussed,
or is this the final disposition of this case. He asked if there would be any
lawsuits or other matters against the City of Lakewood or any other parties.
Carolynne White
Stated she can't say if this is it because they haven't yet submitted an application.
Even if the ordinance is approved and City Council downzoned the property to
2R, that doesn't approve or disapprove any development on the property, it only
changes the zoning. The developer still has to submit an application and go
through the process and she can't say what will happen during that process.
Her client does not have any intention at this time to file a lawsuit.
Councilman Anderson
Clarified that there is no intention by Ms. White's client to take any action
regarding that downzoning.
Carolynne White
Stated that they agree with the 2R zoning but do not agree with the opponents.
She said they agree with the Council on the actions they take.
Councilwoman Allen stated that this is a very interesting situation. Discussed the background of this position. This is not a great situation for everybody and said there are a lot of things to take into consideration.
Councilman Murphy stated that if the ordinance passes, we would be in a legislative situation and not a quasi-judicial situation. If it is within the subdivision guidelines, there is much less discretion on the part of the deciding body.
Councilwoman Koop asked if someone could talk about the underground streams.
Mr. Rock stated that those are the kind of things that are considered in the application process and since there is no application before them now, this is not the time to discuss it.
Vote: 10 Ayes. 0 Nays. The motion carried.
ITEM 18 - RESOLUTION 2006-30 - SETTING A SPECIAL MUNICIPAL ELECTION FOR JUNE 27, 2006, TO BE CONDUCTED AS A MAIL BALLOT ELECTION
Public Comment: None.
Mayor Burkholder stated that Item 18 should not be brought forward because it is a moot point.
ITEM 19 - GENERAL BUSINESS
None
ITEM 20 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 21 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:20 p.m.
Submitted by,
Margy Greer, City Clerk
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