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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
Mike Stevens
Absent: None
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
Mayor Burkholder - Introduced Patty Montgomery, Principal, Jennifer Heider, teacher and students of O'Connell Middle School. Stated these people started a Veteran Recognition program many years ago and commended them for their work.
Jennifer Heider - O'Connell Middle School Teacher
Ms. Heider stated that 13 years ago her students inquired as to how to create
a positive environment in their school to celebrate Veteran's Day. Stated the
students put together a program that has happened every year since, and they
educate the young students about veterans and what they did. Stated this is
the students way of thanking the veterans for what they did.
Patty Montgomery - O'Connell Middle School Principal
Ms. Montgomery stated it is easy to support a program that teaches students
to honor veterans and America and teaches them to be patriotic. Stated the students
do a lot of the hard work. Extended an invitation to next year's Veterans Day
celebration.
Stated they have an extensive flag collection that was given to them by a veteran after he passed away.
Mayor Burkholder invited the students to introduce themselves and talk about what they did to help.
Sabrina Lopez - Student - Stated she worked on picking out the flags to hang for the ceremony, gave a speech and performed in a skit.
Courtney Kelvo - Student - Stated she performed in a skit and stated it was fun to honor America's veterans.
Florita Viagrana - Student - Stated she worked on the speeches and putting the program together.
Collin Tucker -Student - Stated he performed in a skit and made banners.
Councilwoman Koop - Thanked and congratulated the participants at O'Connell Middle School for putting on the Veteran s Day Celebration.
The following Consent Agenda items were read into the record by the City Clerk:
City Clerk Margy Greer added Resolution 2006-73 into the Consent Agenda.
RESOLUTION 2006-73 - APPOINTING TWO REGISTERED ELECTORS TO THE CANVASS BOARD FOR THE JANUARY 2, 2007, CITY OF LAKEWOOD SPECIAL MUNICIPAL ELECTION
ITEM 4 - ORDINANCE O-2006-33 - AMENDING SUBSECTION 6.04.010(B) AND SECTION 6.08.020 AND ADDING SECTIONS 6.04.015, 6.04.016, AND 6.04.017 TO TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS
ITEM 5 - ORDINANCE O-2006-34 - DISSOLVING THE WESTLAND CENTER SPECIAL IMPROVEMENT DISTRICT 20
ITEM 6 - ORDINANCE O-2006-35 - VACATING A PORTION OF WEST 10th PLACE, LEE STREET AND MILLER STREET RIGHTS-OF-WAY LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 7 - ORDINANCE O-2006-36 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING SECTION 17-2-2 RELATING TO DEFINITIONS AND SECTIONS 17-18-2, 17-18-3, 17-18-4 AND 17-18-8 AND ADDING A NEW SECTION 17-18-9 ALL RELATING TO APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN
ITEM 8 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting July 24, 2006
Regular City Council Meeting August 14, 2006
Regular City Council Meeting August 28, 2006
Regular City Council Meeting September 11, 2006
Special City Council Meeting September 18, 2006
Regular City Council Meeting September 25, 2006
Regular City Council Meeting October 9, 2006
Regular City Council Meeting October 23, 2006
ITEM 9 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Senior Citizens Advisory Commission September 13, 2006
Senior Citizens Advisory Commission October 11, 2006
Councilwoman Stack - asked if the public will be able to speak through public comment on Resolution 2006-73 and not just on the Consent Agenda.
Mayor Burkholder - Stated the public would be able to speak during public comment.
Councilman Murphy - Clarified that those who wish to speak regarding Resolution 2006-73 would do so now.
Public Comment: None.
Councilwoman Wise made a motion to accept the minutes of the boards and commissions, order all ordinances introduced on first reading, including Resolution 2006-73 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 Councilman Murphy.
Councilwoman Stack - Regarding Item 4, asked if Table Mountain Animal Center (TMAC) is a Non-Profit agency.
City Manager Mike Rock - Stated TMAC was created by Jefferson County in 1966. Stated the TMAC foundation board is a 501(c)(3). TMAC is a governmental entity and are not a Non-Profit.
Councilwoman Stack - Regarding Item 5, asked if it was an enterprise zone at one time.
Mike Connor - City of Lakewood Property Manager - Stated the Special Improvement District is unrelated to the enterprise zone. This item was a financing mechanism for public improvements. The State requires that this be done by ordinance.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 10 - ORDINANCE O-2006-29 - TO REZONE LAND LOCATED AT 7395 WEST EASTMAN PLACE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment:
Gene Summers - Near Design and Planning - 10701 Melanie Dr, Northglenn, CO
Stated the proposed rezoning of this property is approximately a five-acre parcel.
The current parcel is split zoned in two different Official Development Plans
(ODP). Stated these ODP's are currently allowed for mixed use. The major element
of this plan is to incorporate commercial retail to promote the development
of a sustainable community. Stated they have a conceptual 50,000 square foot
mixed-use retail center with two mid-size retail uses. Mr. Summers showed conceptual
photos of the area.
Olga Mikhailova - Community Planning and Development Planner - Entered into the record all materials, reports, documents, comprehensive plans and any other documents that have been presented at the Planning Commission Public Hearing. Also entered into the record an email received on November 21, 2006. Stated both properties are currently zoned to allow for banks, childcare and healthcare facilities and offices but does not allow for retail development. The proposal is to rezone the property to construct approximately 51,680 square foot retail center. Stated staff recommends approval for the proposed rezoning and case number RZ-05001.
Pat Braun - 3329 S. Fillett Ct, Lakewood CO
Stated she is representing the Bennett Bear Creek Farms Homeowners Association.
Their property backs up to this proposed rezoning and stated they are concerned
that there is a lake and a piece of property that butts up to the rezoned piece
of property. Asked if there have been any ecosystems planned for this area.
Stated this land has been vacant for quite a while and they are hoping that
what is put there is not an eyesore for the neighborhood.
Mel Warnemont - 3105 S. Reed Ct, Lakewood CO
Stated his back windows look out over the pond and over the site they are discussing
to develop. Stated if they were to build something that would tier down, it
would be less visible. Stated they will be faced with constant light pollution.
There will be a large increase in the number of kids walking back there and
they are concerned about that.
Nancy Warnemont - 3105 S, Reed Ct, Lakewood CO
Stated there is a difference in rezoning between office buildings and retail.
Stated retail will impact the number of people that go from Sheridan to Wadsworth
through their backyards. Stated there is no direct access between Sheridan and
Wadsworth on the south side of the creek. There will be an increase in the number
of kids coming through that neighborhood to get to those retail stores. Stated
there has been quite a bit of vandalism in their area and it is a significant
request to change it to a retail situation.
Barnes Goodermood - 3103 S. Reed Ct, Lakewood CO
Stated the environmental impact the construction will have at that location
is a concern.
Public Hearing is closed.
Councilwoman Wise made a motion to adopt Ordinance O-2006-29 on second and final reading. Councilman Murphy seconded the motion.
Councilman Stevens - Asked Mr. Summers how the retail center would look from the north.
Gene Summers
Stated that Kohl's will be to the North and the terrace walls will have pedestrian
access. It is a connection to the existing sidewalk to help bring people to
the new site.
Councilman Stevens - Asked what he would see if he were standing at Kohl's and looking to the south.
Gene Summers - Stated you would not see the retail shops if you were standing on the south wall of Kohl's because of the terrace element. Stated he would see the rooftop of the new development.
Councilman Stevens - Asked if there would be additional signage on Wadsworth.
Gene Summers - Stated that the site can be seen if traveling south bound on Wadsworth. From the north, it is more difficult to see and there is signage proposed on Wadsworth and W. Eastman Place.
Councilwoman Allen - Asked what would be facing the neighborhoods and the lake.
Asked if there would be terracing on that side.
Gene Summers - Showed photographs of the location. Stated he cannot answer Ms. Allen's question because it is not part of their project.
Councilwoman Allen - Confirmed that the pedestrian access will tie into Kohl's.
Gene Summers
Stated the pedestrian access will tie into Kohl's. There is also pedestrian
access off of W. Eastman Place.
Councilwoman Allen - Asked if they have had any neighborhood meetings.
Gene Summers
Stated they have had the required neighborhood meeting. The only other outside
contact they have had was with the church.
Councilwoman Koop - Stated it would have been nice to invite the neighbors that are just beyond the area to the meeting. Asked what they are doing to address the concern of light shining into people's windows.
Gene Summers
Stated the site will be raised to the grade of where W. Eastman Place currently
sits. Mr. Summers showed a map of the area. Stated the City of Lakewood does
not allow things like up-lights, streetlights will be faced down and bleed off
will be limited. Stated the lighting will be minimized.
Councilwoman Koop - Asked if there are trees planned to help shield the lighting.
Gene Summers
Stated the trees are part of the conceptual plan. There will be tree elements
but they will have to look into getting larger trees to shield the lighting.
Councilman Elliott - Stated the City of Lakewood states that notification must be given to HOA's to 1000 feet. Asked if these people were notified of the neighborhood meeting and if they were present.
Gene Summers - Stated he does not know if the neighbors were notified and stated they were not present at the meeting.
Olga Mikhailova - Stated that HOA's did receive notice of the meetings.
Councilman Elliott - Asked what the elevation of this land is and how much
would it be raised.
Gene Summers - Stated the raised portion of this project will occur on the north
portion. The current property to the South will be graded down a little. Stated
the topography will be even with W. Eastman Place. The property to the north
will be raised 20 to 21 feet in order to make that land level.
Councilman Elliott - Clarified that it would be above/taller than the Kohl's building.
Gene Summers - Stated that was true. Regarding the drainage, Mr. Summers stated the parking, or driveway area, will all drain to a conceptual detention pond located on the northeast portion of their property. Stated their drainage system will tie into the existing drainage system belonging to Kohl's.
Mr. Summers introduced Chuck Whitick to address the drainage questions.
Councilman Elliott - Asked Mr. Whitick if this drainage system is designed for the 100 year flood. Asked if there would be any drainage into the pond located to the south of the property.
Chuck Whitick - Robinson, Dalton Consultings 10700 E Bethany Dr Aurora CO
Stated the outlet to the lower pond is into the Kohl's pond and that it is a
natural drain way.
Councilman Elliott - Asked when the public meeting was held.
Olga Mikhailova - Stated a neighborhood meeting was held on November 17, 2004. Only one citizen was in attendance, though all neighbors within 500 feet were notified. Stated they are currently notifying everyone beyond 500 feet, including the City and County of Denver, Ward 5 and any HOA within 100 feet from the area.
Councilman Elliott - Asked if there is a requirement to have an additional meeting that is more current than the meeting held two years ago.
Olga Mikhailova - Stated that with the new proposed review based standard ordinance, the City is required to have multiple meetings on any zoning or significant planning proposal.
Councilman Elliott - Stated he is concerned with the location of the retail development from a sustainability standpoint.
Councilwoman Stack - Stated she is concerned with vandalism and trespassing. Asked if they have put anything in place to help with that problem.
Gene Summers - Stated they have only recently received these type of comments and are communicating with the property owner to see what they can/will do.
Councilwoman Stack - Stated the issue of vandalism needs to be addressed with the City. Asked Olga to discuss this issue.
Olga Mikhailova - Stated they have not been able to review and address all of the concerns received from the email one week earlier. They will work with a police sector liaison and the applicant to put together an action plan.
Gene Summers - Stated they will need more information before they can commit to a specific plan.
Councilman Murphy - Stated that vandalism is not the responsibility of the developer. Everyone should be alert to it.
Councilman Peterson - Asked how they are handling handicap access.
Gene Summers - Stated handicap access would be handled through the existing sidewalk.
Councilman Peterson - Asked what the intent of the current property owner is to develop this into a retail operation.
Mary Ann Proctor - Propp Realty -12600 W Colfax Ave Lakewood CO
Stated this was not a project that has been worked on briefly. It has been several
years since they started working on this project with the City. Stated their
partner, Dr. Krutke, is the largest retailer in Europe and owns this development
as well. Stated that Dr. Krutke believes there are some drawbacks, but also
that it is a good opportunity and a good spot. Kohl's stated they are in double
digits ahead of where they were last year, as well as Village Inn and Chipotle.
Stated they will be very diligent in choosing what goes in that retail center.
Councilman Peterson - Asked if they have done any pre-marketing.
Mary Ann Proctor
Stated they have not done any pre-marketing.
Councilman Peterson - Suggested to Ms. Proctor that her consultants be more detailed with their vicinity maps in the future.
Councilman Anderson - Asked if there would be potential for this item to come before Council again if it were turned down.
City Manager Mike Rock - Stated that if it were turned down, there would be a waiting period before the project can be brought back again. Asked Becky Clark, Director of Community Planning and Development, to discuss the time frame.
Becky Clark - Director of Community Planning and Development - Stated they have to wait six months before the applicant can re-file.
Councilman Anderson - Stated that six months is a large penalty of time for a project that has been going for such a long time. Asked to hear again what the handicap access is.
Gene Summers - Stated the handicap access would be on the pedestrian sidewalk that is currently attaching their site to Kohl's. The pedestrian sidewalk runs from Kohl's to the south and ties into their site. Stated it is approximately 250 feet of sidewalk. It would cross one entrance to the new site.
Councilman Anderson - Stated he is concerned about using police rather than planning to deal with vandalism.
Mayor Burkholder - Asked Ms. Clark to reiterate the notification policies in the City of Lakewood and how does Lakewood compare to other City notification policies.
Becky Clark - Stated many other jurisdictions have taken on similar policies to the City of Lakewood which is 500 feet to all property owners and 1000 feet to all HOA's. Stated the Planning Commission heard this issue two months ago and there were no citizens present in the audience.
Councilwoman Allen - Asked if this will go back to the Planning Commission if the zoning is passed.
Becky Clark - Stated it does not go back to the Planning Commission. Stated it is an administrative process after it is heard by Council.
Councilwoman Allen - Asked if concerned neighbors will be able to see a more finalized version of this plan and have any concerns addressed.
Becky Clark - Stated the applicant could have another neighborhood meeting.
Councilwoman Wise - Stated she is concerned about the intent of the notification process. The concerns from neighbors are not unreasonable and they can be addressed quickly. Reiterated that another neighborhood meeting is important and should be done in a timely manner. Asked if there is a way to altar the plans without imposing a mandatory six-month delay for the developer.
Mike Rock - Stated they could continue for up to ninety days. They have the option to approve, deny or continue. Stated they could approve with the condition that the staff and the applicant conduct a neighborhood meeting. Stated that if it were continued, it should be set to a date certain.
Councilman Stevens - Asked Mr. Summers to indicate on their map what portion of the property was zoned for residential.
Gene Summers - Stated that no portion of the property was zoned for residential.
Councilman Stevens - Stated there was a 1974 provision for medium density residential development as part of Filing Two, Lot 2, Block 1.
Gene Summers - Stated that location is on the western portion of the site.
Becky Clark - Stated a correction was made. Asked Ms. Mikhailova to discuss this correction.
Olga Mikhailova - Stated there was an error in the staff report stating that residential may be developed on this parcel. Stated a healthcare facility would be allowed but not residential. The correction was made at the Planning Commission hearing.
Councilman Stevens - Discussed with Mr. Summers the details of the map showing the slope of the area. Asked Ms. Mikhailova if she knows what the zoning of those properties are.
Becky Clark - Stated there is a current application out to the right of the property for a residential healthcare facility; the height of that facility is 35 feet.
Councilman Stevens - Asked if the neighbors to the south and east of that development will be looking at that development applied for and not the development they are discussing.
Becky Clark - Stated it is properly zoned and will only need a site plan approval.
Councilman Stevens - Asked if the necessary reports have been done about the capacity of the drainage system.
Chuck Whitick - Stated they have asked Mr. Propp to get a letter from Kohl's granting the right to use their storm sewer. The water is currently draining into their drain. Stated there is capacity in the line.
Councilman Stevens - Concerned with the visibility issues from Kohl's.
Mayor Burkholder - Stated this issue is a land use consideration. Any decision made by Council must be decided based upon the findings of fact. Stated the Planning Commission made a unanimous decision to approve this project. There are three options; vote for it as is; vote for it requiring discussions about the light, lake and vandalism or vote to continue it. Stated he does not want to see it continued.
Councilman Peterson - Stated he would like to approve this issue with conditions. The conditions being: the applicant, property owner and the City, have an additional meeting.
Councilman Peterson made a motion to approve Ordinance O-2006-29 with conditions; an additional public dialogue within sixty days with the homeowners that are to the east and southeast of this property within 1000 feet. Councilwoman Allen seconded the motion.
Vote on the amendment to O-2006-29: All Ayes. No Nays. The motion carried.
Vote on O-2006-29 as amended: All Ayes. No Nays. The motion carried.
ITEM 11 - ORDINANCE O-2006-30 - AMENDING SECTION 1.01.130 OF CHAPTER 1.01 PERTAINING TO CODE ADOPTION AND ADDING SECTIONS 10.51.115, 10.60.175, 10.60.176, 10.60.177, AND 10.60.230 AND AMENDING SECTIONS 10.12.030, 10.15.015, 10.15.060, 10.18.010, 10.18.020, 10.27.010, 10.36.030, 10.45.120, 10.51.050, 10.51.110, 10.54.050, 10.60.100, 10.60.195, 10.63.080, 10.66.190, AND 10.75.020 OF TITLE 1O OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC
Public Comment: None
Councilwoman Wise made a motion to adopt Ordinance O-2006-30 on second and final reading. Councilman Murphy seconded the motion.
Vote on the O-2006-30: All Ayes. No Nays. The motion carried.
ITEM 12 - ORDINANCE O-2006-31 - AUTHORIZING AN AGREEMENT TO PURCHASE APPROXIMATELY 65 ACRES OF THE DENVER FEDERAL CENTER FROM THE FEDERAL GOVERNMENT AND AUTHORIZING AGREEMENTS TO SELL SAID PROPERTY TO CATHOLIC HEALTH INITIATIVES COLORADO AND THE REGIONAL TRANSPORTATION DISTRICT AND FURTHER DECLARING AN EMERGENCY
Public Comment:
David Rothenberger - 1310 Garrison St Lakewood CO
Stated it is a good thing to purchase the land for the development because of
the light rail going in as well as the hospital. Suggested the ten feet to the
western end be reserved for a bike path.
David Weichman - Ward 4
Stated that bringing a first class medical facility and a light rail system
to Lakewood will be a great benefit. Stated the advantages outweigh the disadvantages.
Newt Vaughan - 8663 W Hawaii Dr Lakewood CO
Stated he has no objections to a partial property going to a hospital.
Public Comment is closed.
Councilwoman Wise made a motion to adopt Ordinance O-2006-31 on second and final reading. Councilman Murphy seconded the motion.
Councilman Anderson - Asked if Council will receive a report giving a clear signal or a legal notice that the City will not be liable for any environmental clean up on the 65 acres.
Mike Rock - Stated there would not be any new environmental report. There are many environmental studies under way and some completed. The negotiation of the clean up program is being done. Stated Council would receive a legal opinion from the City's environmental attorney.
Vote on the O-2006-31: All Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2006-32 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING SECTION 17-17-8 RELATING TO PROCEDURES FOR THE LEGISLATIVE REZONING OF PROPERTY
Public Comment:
David Rothenberger - 1310 Garrison St Lakewood CO
Stated this change is a good change.
Kathy Knoble - 7616 W 9th Pl Lakewood CO
Stated this ordinance goes against the land use goals and actions of the Eiberhood
neighborhood plan from ten years ago. Stated this was not the intent of Council
when this was approved in the mid 1990's.
Natalie Menten - Ward 5
Stated she is concerned with the notification process. Stated she does not understand
why the language still says that notification "may be done." Asked
when notification is supposed to be done and to modify the language of the notification.
Councilwoman Wise made a motion to adopt Ordinance O-2006-32 on second and final reading based on the findings of fact of the Planning Commission dated November 13, 2006. Councilman Murphy seconded the motion.
Councilwoman Stack - Stated she would like to see an amendment or something that will give notification to individual property owners.
Mike Rock - Stated the Planning Commission and staff took this approach because it is the City's intent to give the best possible notification. Stated the City does not want to negate this effort if a single property owner was not notified and that is why the language is the way it is.
Councilman Murphy - Clarified that the City is not rezoning anything; it is an administrative procedure. Stated there would be many more opportunities for people to hear about and comment on what is going on. Asked Becky Clark to discuss the meetings they have had thus far.
Becky Clark - Stated Community Planning and Development will be having three more neighborhood meetings to talk about the areas in which the proposed legislative rezoning will take place. They will also regard the Transit Mixed Use (TMU) language as it appears now. There is a study session on December 4, 2006 with Council. Stated there are meetings on December 5th regarding the Sheridan station, December 7th regarding the Wadsworth station and on the12th for the Oak and Union station. All property owners within 500 feet of the area will be notified as well as all of the tenants in the area. HOA's within 1000 feet outside the area will be notified also.
Councilman Murphy - Clarified that there will be four more opportunities for citizens to come listen to specifics about re-mapping.
Becky Clark - Stated the Planning Commission will be taking up the issue of the TMU zoning in January. There will be two hearings; one to set up the first reading and the second for remapping. Stated they hope to be done by May of 2007.
Councilman Murphy - Stated nobody's rights are being lost, stated it is not a contraction of rights, it is an expansion of property rights.
Mayor Burkholder - Stated it is the tradition of this Council to honor neighborhood plans.
Councilman Anderson - Asked when Council would have a list of what the non-conforming uses will be.
Becky Clark - Stated Council will receive that list by the Study Session on December 4, 2006.
Councilman Anderson - Asked if the list will discuss the down zoning and non conforming uses of properties.
Becky Clark - Stated that property owners and tenants would be notified twice. The first notification would be for the TMU zone and what that implies. The second notice would be for the remapping.
Councilman Anderson - Asked if the notice to property owners would state that there is a potential that their property may be a non-conforming use.
Becky Clark - Stated that the notice would not state that because there would not be any non-conforming uses. All of the uses will be conforming. Stated her understanding is that there will be no non-conforming uses, though she will confirm that.
Mike Rock - Stated individual property owners would not receive individual notices. These are blanket notices to help people understand what the process is.
Councilman Stevens - Clarified that it is more of a blanket notification, not a site-specific notice.
Mike Rock - Stated they would not be able to analyze each individual property. This is a notice of the remapping and rezoning that is occurring and what the new uses are.
Councilman Stevens - Clarified that notification would still occur but it would be a different type of notification rather than a single property that would be going through a rezoning.
Becky Clark - Stated the notice is not specific to a specific piece of property. It will be a general notice including a picture of the area to be rezoned. Everyone in the area will receive the same notification.
Councilman Stevens - Asked if the four criteria under the description ordinance would be put into place, which was not in effect in 1980.
City Attorney Roger Noonan - Stated the ordinance was clear in 1980 but it was a different process. It was an initial mapping for the entire city.
Councilman Elliott - Asked if the intention of the City of Lakewood is to notify the properties with a general notification that the property may be or is a part of a large legislative rezoning.
Mike Rock - Stated that is correct.
Councilwoman Stack - Stated she disagrees with Councilman Murphy. It is not in the plan to allow City Council to move forward on something like this.
Councilman Murphy - Stated the permitted uses of the property owners are not going to be changed and that is the intent of the plan.
Councilman Peterson - Stated that the City's comprehensive plan includes all neighborhood plans. They become part of the comprehensive plan, they do not stand alone.
Vote on the O-2006-32: 9 Ayes. 2 Nays (Stack, Anderson). The motion carried.
ITEM 14 - GENERAL BUSINESS
None.
ITEM 15 - 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 - 8663 W Hawaii Dr Lakewood CO
Stated the Special Election should have been held in conjunction with the November
election. City Council should have voted in July to put the vote to the people.
Stated a piece of flat ground is being traded for a ditch.
Bill Schroer - 3464 W Milan Ave Sheridan CO
Presented the final report for Bear Creek Lake Park 2006 Waste Reduction Recycling
Program. Stated the program was a big success. $2,159.83 was earned at the park
in recycling proceeds in 2006. Stated the City and City Council should be aware
of how the City is spending these proceeds.
David Weichman - 722 S Beech St Lakewood CO
Stated he is concerned about the Special Election regarding the creation of
an open space green belt between the parks of Green Mountain and Bear Creek.
A corridor must be preserved. Urged the citizens of Lakewood to vote for the
ballot issue on January 2nd.
Johann Cohn - 1208 S Brentwood St Lakewood CO
Stated he is speaking on behalf of Lakewood Citizens for Open Space (LCOS).
LCOS supports the land exchange. Urged the citizens of Lakewood to vote for
the ordinance in the upcoming election.
Cindy Winters- 14228 W Evans Lakewood CO
Stated the property being voted on is private land and is used daily by the
community. Urged the citizens of Lakewood to vote for open space.
Rita Bertolli - Ward 4
Stated it is the responsibility of the municipal government to protect the lands
that are held in the public trust. Asked City Council to let the people vote.
Kathy Knoble - 7616 W 9th Ave Lakewood CO
Stated developers are scraping open space without citizen's permission. Stated
this is city corruption. Urged Lakewood citizens to vote no on the ballot issue.
Hal Sargent - 14230 W Evans Cir Lakewood CO
Stated he is an open space advocate and has attended public meetings for years
in order to help preserve and create as much open space as possible. Urged Lakewood
voters to vote in favor of the ordinance.
Dorothy Wisecarver - 8655 Meadowlark Dr Lakewood CO
Stated the City went around the law and swapped land without the citizens knowledge
or consent. The City swapped about 22 acres of valuable parkland for a deep
drainage ditch corridor. Stated the ballot issue could have been included on
the November ballot to save money. Commended citizens for petitioning this parkland.
Urged Lakewood voters to vote against the ordinance.
Mark Belkin - Ward 4
Stated he is supportive of preserving Rooney Valley for open space. Stated a
vote for open space is common sense. He will be voting in favor of the ordinance.
Lisa Scott - 14222 W Evans Cir Lakewood CO
Stated City Councilors did their jobs and studied the information regarding
the land exchange. Stated this land exchange has been master planned for years.
Ms. Scott is in favor of the ballot question.
Brian Waring - Unincorporated Jefferson County
Stated he has created a list of observations of City Council giving misinformation.
Asked Mayor Burkholder why this land that was originally specified to be used
as a park is no longer being done.
Natalie Menten - Ward 5
Thanked Mr. Waring for being so concerned with the community. Urged Lakewood
citizens to remember to vote on time and to vote no on the ballot issue.
John Fox - 1133 S Eaton St Lakewood CO
Stated Ms. Bertolli and the petition gatherers lied in the way they gathered
the signatures. Encouraged citizens to vote for the land exchange.
Public Comment is closed.
Councilwoman Stack - Stated that saying Ms. Bertolli should be billed for the election is not right. This is a representative government. Asked if someone could discuss the grading of the land being discussed.
Mike Rock - Stated the roadway is part of the City's transportation plan and is not affected by the election.
Councilwoman Stack - Asked if there was any way the grading could be put off for a few weeks.
Mike Rock - No. Stated grading has nothing to do with the election and the road goes either way, as it is part of the City's transportation plan.
Councilman Elliott - Clarified there is a violation against the City because they are allowing grading to the parkland.
Mike Rock - Stated there is no violation. The grading is being done as part of the permit and is part of the City's transportation plan.
Mayor Burkholder - Asked City Clerk Margy Greer to explain why the election is occurring on January 2, 2007.
City Clerk Margy Greer - Explained the referendum petition had to be turned in within the same time period that the ordinance adopted by City Council became effective. There was a 45-day time period. The petitions came in on September 8, 2006. Stated the City Clerk's office had 30 days to check the signatures on the petitions and report back to City Council. Upon the report, City Council set the Special Election and a Special Election could not be less than 30 nor more than 90 days from that City Council meeting. Stated that all elections are held on Tuesdays and January 2, 2007 was the very last Tuesday within that 90-day period that the election could be set. The City Clerk's office requested January 2nd so there would be time for the preparation of the Special Election. Stated there was no way it could ever have gone on the November 7th election ballot.
Roger Noonan - Stated there was no legal way that this ballot issue could go
on the November 7th ballot. The only time this election could occur would be
after November 7th.
Councilwoman Stack - Clarified that if Council had voted to allow the people
to vote on this issue, then it would have been on the November ballot.
Roger Noonan - Stated that if Council had not approved the ordinance in the beginning, there would be no election. Reminded Council that they approved the ordinance unanimously.
Councilwoman Stack - Stated what citizens were trying to express was that if this was done legislatively, the ballot issue would have made the November ballot.
Roger Noonan - Stated this ballot issue could not have been on the November ballot.
Councilman Stevens - Stated City Council spent a great deal of time researching this issue. City Council would not have approved this unanimously, twice, if they didn't think it was in the best interest of the City. Told citizens to call any Councilor and they would explain the facts.
Councilman Peterson - Commended LCOS for being vocal and persistent in open spaces issues within the community.
Councilman Murphy - Clarified that this development would go forward regardless of the outcome of the Special Election.
Mayor Burkholder - Stated he believes very strongly in neighborhood and regional plans. Reiterated that this project will go forward regardless of the election results. Stated CARMA was ready to move forward and it was the City who suggested honoring the corridor between Green Mountain and Bear Creek Lake Park. One issue that hadn't been brought up was that there would be an enhanced underpass for wildlife to go through. Stated that with the exchange there would be a dog park, which citizens have been asking for many years.
Councilwoman Wise - Stated she has an actual ditch in her backyard and enjoys it because of the wildlife that is back there. Stated that even if the land being exchanged were a ditch, she would vote for it.
Councilman Anderson - Thanked his Ward 4 neighbors for coming down and speaking eloquently both in favor and against this ordinance. Clarified that this is not an issue to be decided on by Council at this point. Stated the law is very specific and a petition of the people can override an ordinance.
ITEM 16 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 10:17 p.m.
Submitted by,
Margy Greer, City Clerk
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