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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
Paul Kennebeck, Interim 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.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 4 - RESOLUTION 2007-34 - FOR ACCEPTANCE OF A SPECIAL WARRANTY DEED FROM TAX LIEN CERTIFICATES, INC. TO THE CITY OF LAKEWOOD FOR VACANT PROPERTY ADJACENT TO NORTH EDGE OF WILLIAM HAYDEN GREEN MOUNTAIN PARK AT THE INTERSECTION OF SOUTH HOLMAN WAY AND SOUTH FLORA WAY
ITEM 5 - RESOLUTION 2007-35 - ACCEPTANCE OF BID AND AUTHORIZING A CONTRACT FOR CONSTRUCTION OF WADSWORTH BOULEVARD AND OHIO AVENUE INTERSECTION IMPROVEMENTS
ITEM 6 - RESOLUTION 2007-36 - ESTABLISHMENT OF COLORADO WIRELESS COMMUNITIES
ITEM 7 - ORDINANCE O-2007-18 - FOR THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING A CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND DESIGN SERVICES FOR THE 13TH AND WADSWORTH LIGHT RAIL STATION BRIDGE; FURTHER APPROPRIATING FUNDS TO PAY FOR SAID SERVICES; FURTHER DECLARING AN EMERGENCY
ITEM 8 - ORDINANCE O-2007-20 - AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR WATER LINES AND RELATED FACILITIES ACROSS FORSBERG/IRON SPRING PARK TO PROVIDE WATER TO THE FUTURE RESIDENTS OF LAKEWOOD OF THE SOLTERRA DEVELOPMENT
ITEM 9 - ORDINANCE O-2007-21 - VACATING A PORTION OF SOUTH INDIANA STREET, WEST EVANS AVENUE, WEST ILIFF AVENUE, WEST ILIFF DRIVE, AND WEST VASSAR DRIVE RIGHTS-OF-WAY AND FURTHER LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 10 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting, April 23, 2007
Regular City Council Meeting, May 14, 2007
ITEM 11 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Head Start Meeting, February 13, 2007
Lakewood Housing Authority Meeting, February 26, 2007
Lakewood Housing Authority Meeting, March 26, 2007
Lakewood Housing Authority Meeting, April 23, 2007
Lakewood Commission on Cultural Diversity and Human Relations Meeting, April
4, 2007
Public Comment: None.
Councilwoman Wise made a motion to 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 Councilman Murphy.
Councilwoman Stack - Regarding Resolution 2007-34, asked what the municipal purpose of this item is.
Mike Connor - Property and Purchasing Services Manager - Stated it was purchased with Open Space funds and was intended as part of the facility.
Councilwoman Stack - Asked if there was an amount listed.
Mike Connor - Stated it was purchased for $2500 from a private party.
Councilwoman Stack - Regarding Resolution 2007-36, asked City Attorney Paul Kennebeck why this item is a resolution.
City Attorney Paul Kennebeck - Stated there is no set guideline in Lakewood or State Statute that mandate that a home rule city use a resolution rather than an ordinance when adopting an Intergovernmental Agreement (IGA).
Councilman Anderson - Clarified that this item states this would allow the firm constructing the Wifi net to have a five-year monopoly with a two-year build out.
IT Director Boris Naschansky - Stated the terms and conditions have not been defined yet. They are still evaluating the responses to the request for proposal.
Councilman Anderson - Asked if there would only be one service provider.
Boris Naschansky - Stated there would only be one service provider that provides the Wifi radio frequency.
Councilman Anderson - Asked if there was a commitment made during Study Session stating an agreement would be made for a maximum five-year monopoly.
Boris Naschansky - The five-year monopoly is still a term that is being negotiated. Stated it should be five years but could be less.
Mayor Burkholder - Asked Mr. Naschansky to clarify the discussion.
Boris Naschansky - The City of Lakewood is working with Colorado Wireless Communities;
a ten city organization that is looking at building a digital community.
Councilman Elliott -. Asked if this item would come back to Council or if it
would be decided by the IGA and various jurisdictions included in the project.
Boris Naschansky - The idea of establishing the IGA is to give authority to the Colorado Wireless Communities (CWC).
Councilman Peterson - Clarified that an awarded contract would be for the service itself. The actual build out would be done by whoever is selected by CWC and would not use any taxpayer dollars.
Boris Naschansky - Stated that is correct. The fee structure is for the actual services themselves.
Councilman Peterson - Clarified the fees are optional. Citizens could continue to use cable or landlines, etc.
Boris Naschansky - That is correct. There would be different options and price points.
Councilman Elliott - Regarding Item 5, asked City Engineer, Jay Hutchison, what the cost was for the delay and why this wasn't done a couple of years ago.
City Engineer Jay Hutchison - Stated the grant process takes some time and the grants are awarded over a future number of years. This grant was not awarded to be used in a certain period of time. Stated there are many steps to take before getting ready to construct.
Vote on the Consent Agenda. All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 12 - ORDINANCE O-2007-16 - APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE GRANT FUND FOR TRAFFIC SIGNAL UPGRADE WORK; FURTHER DECLARING AN EMERGENCY
Public Comment: None.
Councilwoman Wise made a motion to adopt Ordinance O-2007-16 on second and final reading. Councilman Murphy seconded the motion.
Vote on O-2007-16: All Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2007-17 - REZONING PARCELS OF LAND LOCATED WITHIN THE SHERIDAN BOULEVARD STATION AREA PLAN, THE WADSWORTH BOULEVARD STATION AREA PLAN, THE OAK STREET STATION AREA PLAN, AND THE UNION BOULEVARD CORRIDOR AREA PLAN, AS ADOPTED AS PART OF THE CITY'S COMPREHENSIVE PLAN THROUGH A LEGISLATIVE RE-ZONING OF THE CURRENT ZONE DISTRICT CLASSIFICATIONS TO THE TRANSIT MIXED USE (TMU) ZONE DISTRICT
Manager of Comprehensive Planning and Research Roger Wadnal - Stated they have a brief presentation to be given by Principal Planner Rob Smetana.
Principal Planner Rob Smetana - Introduced Planning Commission members present in the audience.
Entered into the record case file PL07004 which includes all submitted information related to this application. Asked that the Lakewood Zoning Ordinance, Subdivision Ordinance, Comprehensive Plan and all of its amendments be entered into the record as well. Asked that City Council accept all materials presented this evening and include them in the record.
Staff is requesting City Council approve the Legislative Re-mapping which would affect four areas of the City; to include Sheridan Boulevard, Wadsworth Boulevard, Oak Street and Union Corridor light rail station areas.
Gave a history of the Stationary Planning process. The purpose of the Transit Mixed Use Zone District (TMU) is to encourage development that is compatible with the light rail environments and contains a complimentary mix of uses.
Planning Commission Chair Rich Urbanowski
Stated the Planning Commission stands firmly behind this plan. Their recommendation,
along with staff, is for approval of the Legislative Rezoning of the TMU.
Public Comment:
Odell Orr - 1301 Nelson St., Lakewood CO
Stated he was thankful he was allowed to opt out of the TMU Zone District.
Ann Johnson - 10350 W. 13th Pl., Lakewood CO
Stated she is in support of the TMU Zone District Re-mapping.
Jack Barnett - 10370 W. 13th Pl., Lakewood CO
In support of the issue, did not wish to speak.
Bev Barnett - 10370 W. 13th Pl., Lakewood CO
In support of the issue, did not wish to speak.
Camille Lipinski - 10355 W. 13th Pl., Lakewood CO
In support of the issue, did not wish to speak.
Paul Luber - 303 E. 17th Ave., Lakewood CO
Expressed his support of the TMU Zone District Re-mapping.
Doug Stiverson - 7310 W. Colfax, Lakewood CO
Urged City Council to adopt the TMU Zoning.
Galen Foster - 1398 Wadsworth, Lakewood CO
Stated he is dissatisfied with City Manager Mike Rock and does not wish to do
business with him.
Mary Bindner - 2669 S. Wadsworth Cir., Lakewood CO
Stated the TMU Zone District is a wave of the future. Is in support of the issue.
John Plotkin - 2755 Taft Ct., Lakewood CO
Commended City staff and Planning Commission for a job well done.
Andrew Lemer - 1045 W. 14th Ave., Lakewood CO
Stated he is in support of the issue but doesn't believe the station core will
be a success by not allowing a density increase.
Public Comment was closed.
Councilwoman Wise made a motion to adopt Ordinance O-2007-17 on second and final reading. Councilman Murphy seconded the motion.
Councilwoman Stack - Asked about the removal request of a business on Wadsworth.
Rob Smetana - That property is on RTD's list to be acquired for the station and associated parking. It was kept with the TMU Zoning.
Councilwoman Stack - Asked why there are such a low number of properties listed in the ordinance.
Paul Kennebeck -The number was used for a guide as a baseline, language was taken directly from Colorado Case Law.
Councilwoman Stack - Asked how non-conforming use would be monitored.
Roger Wadnal - Non-conforming use would be administered like any other non-conforming uses in the City. The same method of enforcement would be used.
Councilwoman Stack - Asked if they monitor this by Sales Tax.
Roger Wadnal - When an application is submitted for a new or similar use is when they would normally catch a non-conforming use.
Councilwoman Allen - Stated this was a huge project for Lakewood. Commended City staff and Planning Commission.
Councilman Elliott -Asked if the blue area shown on the Oak Street Station map is zoned for Medium Density Residential (MDR).
Rob Smetana - The area referred to was initially in the rezone area but has now been excluded. The MDR on the map is referencing the area above it.
Councilman Elliott - Stated City staff, Planning Commission and everyone involved have done a great job.
Councilman Murphy - Congratulated City staff, Planning Commission, Citizens and all others involved for a job well done. Is in support of the issue.
Councilman Peterson - Stated this project has been as close to a model process than any others he has seen.
Councilwoman Stack - Though she has not always supported the issue, she commended those involved in the process. Stated it is the best plan for the situation.
Vote on O-2007-17. All Ayes. No Nays. The motion carried.
ITEM 14 - GENERAL BUSINESS
Councilwoman Wise made a motion to hold an Executive Session for the purpose of determining a position relative to issues subject to negotiation, to receive reports on progress and status of negotiations, to develop strategy, and to instruct negotiators, as it pertains to economic development projects per C.R.S. 24-6-402(4)(a) and (e) and Section 2.15(c)(2) and (3) of the Lakewood Home Rule Charter and to discuss a personnel issue as it pertains to the search for a City Attorney, per C.R.S. 24-6-402(4)(f) and Section 2.15(c)(8) of the Lakewood Home Rule Charter. It was seconded by Councilman Murphy.
Vote on the motion to hold an Executive Session: All Ayes. No Nays. The motion
carried.
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.
Public Comment:
Mike Muller - 868 S. Owens St., Lakewood CO
Congratulated the Lakewood Housing Authority on a good purchase for the land
deal. Apologized to City Council for having offended them at a previous meeting.
Public Comment was closed.
ITEM 16 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
Paul Kennebeck stated the City of Lakewood would be initiating litigation in Jefferson County District Court regarding flood plains.
City Council unanimously consented to the litigation.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:16 p.m.
Submitted by,
Margy Greer, City Clerk
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