Planning Commission Minutes - September 19, 2007
LAKEWOOD PLANNING COMMISSION
PUBLIC MEETING
MINUTES
Wednesday, September 19, 2007

COMMISSIONERS PRESENT:
Tracy Sheffield
Jerald Golley
John Plotkin
Rich Urbanowski (Chair)
George Brown III
Ray Schoch

STAFF PRESENT:
Rebecca Clark, Director, Community Planning and Development
Timothy Gelston, Manager, Development Review
Andrea Thompson, Associate Planner, Development Review
Sheila Lynch, Associate Planner, Development Review
Roger Wadnal, Manager, Comprehensive Planning and Research
Amy DeKinneker, Associate Planner, Comprehensive Planning and Research
Anne Heine, Lead Development Review Engineer, Public Works
Jay Hutchison, City Engineer, Engineering Division
Boris Naschansky, Director, Department of Information Technology
Walter Jauch, Secretary, Planning Commission

ROLL CALL

The roll having been called, a quorum was declared and the following business was conducted:

ITEMS 1: SU-07-003, Request from NewPath Networks for approval of a Special Use Permit (SUP) to extend eight existing light poles for cellular equipment and locate one new light pole with cellular equipment generally located within the South Green Mountain area bounded by Alameda Avenue to the north, Welch Street to east, Morrison Road to the south and Indiana Street to the west.

MR. MIKE KAVANAGH - NewPath Networks, 1300 N. Northlake Way, Seattle, WA 98103 representing NewPath Networks presented slides regarding the Special Use Permit.

MR. KAVANAGH stated that the purpose of the network is an extension of the twelve node network approved last year. In addition, it is to improve wireless coverage and quality for the Green Mountain area residents on the streets and in their homes. Last year, NewPath Networks was approved for twelve locations. Nine were built, including all landscaping and ground repair. The poles were painted to match pre-existing color of poles in the neighborhood. Two sites could not be built due to right of way issues and needed to be moved to other locations. NewPath monitors the site, poles, antennas, wiring, etc. and anything that happens will result in NewPath dispatching personnel within 2 hours.

The design was created specifically for Green Mountain residents based on neighbor input. The benefits include: sharing by cell phone companies, utilization of existing vertical structures and keeping base stations in hidden or unobtrusive, centralized locations.

This current proposal concerns the two nodes requiring adjustment from original proposal and seven additional nodes in the southern portion of Green Mountain for a total of nineteen nodes in the entire area. NewPath is comfortable with the density of sites and believes the coverage to be sufficient.

COMMISSIONER URBANOWSKI asked if any audience member has any objections to the proposal.

No audience members responded negatively.

MS. ANDREA THOMPSON, Associate Planner, entered into record the Staff Report, all attachments, case files, Zoning Ordinance, Subdivision Ordinance, and all associated materials for Case SU-07-003.

COMMISSIONER URBANOWSKI accepted the items for inclusion into the public record.

OPEN TO PUBLIC COMMENT at 7:20 P.M.

MR. JOE CORNELLISSON, 13325 W. Warren Circle - Asked how these towers function in regards to the E911 system?

COMMISSIONER URBANOWSKI answered that the applicant will respond during the time when commission's questions are asked.

MR. JOHN SWANSON, 13813 W. Amherst Way - Asked about the exact placement of the GM10 light pole and equipment.

COMMISSIONER URBANOWSKI responded that maps exist with the exact placement and are available to the public.

PUBLIC COMMENT CLOSED AT 7:23 P.M.

COMMISSIONER JOHN PLOTKIN asked how the service is improved and how the E911 system works.

MR. KAVANAGH - Responded that Verizon and T-Mobile are required to support the Phase Two E911 system per FCC regulations. NewPath is the medium which brings the cellular company's service to the area and their equipment fully supports the E911 system. When a 911 call is made, the location is pinpointed using each transmitting location and the delay of signal. A calculation is made and will result in the location of the caller.

COMMISSIONER JERALD GOLLEY asked who is responsible for the lights and maintenance of the poles.

MS. THOMPSON stated that Xcel Energy is responsible for the eight existing lights and poles and that NewPath Networks would be responsible for the single newly-constructed pole.

COMMISSIONER TRACY SHEFFIELD asked if there were any changes to the original design based on comments from Xcel Energy.

MR. KAVANAGH responded that the comments from Xcel were regarding the power draw at each location and design change is not necessary.

COMMISSIONER URBANOWSKI stated that he is pleased to see the low impact to the neighborhoods. He asked if there were any issues from phase one, including objections from neighbors.

MR. KAVANAGH responded that there were communication issues and, with City staff's help, improved education and communication procedures were put into place for the neighborhoods.

MS. THOMPSON stated to COMMISSIONER URBANOWSKI that this was true.

COMMISSIONER TRACY SHEFFIELD made a MOTION for APPROVAL of the Special Use Permit Case No. SU-07-003 with the following conditions:

1. That NewPath Networks closely coordinates with Xcel and that all of Xcel's approvals are received by the City prior to issuance of the building permits for NewPath Networks Phase II project.

2. Heights of all poles shall be limited to those shown in the attached elevations.

SECONDED BY COMMISSIONER RAY SCHOCH

VOTE taken -
Six Ayes - Commissioners Sheffield, Golley, Plotkin, Urbanowski, Brown, and Schoch.

Zero Nays.

MOTION PASSED.

COMMISSIONER PLOTKIN wished to commend the applicant for their sensitivity to the needs of the neighborhoods.

APPROVAL OF MINUTES
Minutes from the Public Hearing of September 5, 2007 approved by unanimous vote subject to the following corrections:

• Page Four of Eleven - Paragraph Seven - COMMISSIONER PLOTKIN requested revision to read "…he did understand that these issues are not before the Commission at this time but needed confirmation that each home will require building permits, …"

• Page Seven of Eleven - Paragraph Ten - COMMISSIONER PLOTKIN requested revision to read "…rezone application was vigorously opposed…"

• Page Seven of Eleven - Paragraph Twelve - COMMISSIONER SHEFFIELD requested revision to read "…stated he didn't feel that it meets the intent of the Comprehensive Plan."

GENERAL BUSINESS:
Community Development Block Grant (CDBG):

MR. ROGER WADNEL, Manager, spoke and MS. AMY DEKNIKKER, Associate Planner, presented slides to the Commission regarding the CDBG.

COMMISSIONER PLOTKIN asked if the applications for this grant come from the community.

MS. AMY DEKNIKKER stated that the City does take applications from the community.

COMMISSIONER PLOTKIN asked how the public is made aware that these funds are available.

MS. DEKNIKKER replied that Neighborhood Organizations are made aware of the program, including other agencies and non-profits.

COMMISSIONER PLOTKIN further asked how the projects utilizing these funds are identified.

MS. DEKNIKKER answered that staff identifies them.

MS. REBECCA CLARK further clarified that identification is made with both methods, the community and staff. It is not a formalized method, but as staff sees the needs in CDBG-qualified neighborhoods it is noted, ranked and added to the list of potential projects.

MR. WADNEL stated that the program has evolved. In the past the process was more open, but the result was that the non-profits were obtaining and distributing the funds. Using the current process results in more funds available for city implemented programs.

MS. DEKNIKKER also indicated that there is an extended public outreach program associated with the Housing and Community Development Plan, which includes meetings and surveys. Also, there is a Consolidated Annual Performance and Evaluation Report (CAPER) at the end of the year which determines program accomplishments and expenditures.

COMMISSIONER GOLLEY asked if any of the money is spent in the administration of funds.

MS. DEKNIKKER responded that funds are utilized for administration and it is capped at twenty percent of the total monies received.

COMMISSIONER GOLLEY asked if the Planning Commission is required to approve the plan.

MS. DEKNIKKER answered that the City Council is the approving body for the Housing and Community Development Plan and the one-year action plan and that information is presented to the Planning Commission for their knowledge.

COMMISSIONER URBANOWSKI asked for confirmation that the CDBG funds can only be used for housing improvements or community development and are not available for new housing.

MS. DEKNIKKER responded that these items are correct.

COMMISSIONER URBANOWSKI asked if there is a fixed set of Federal standards for which compliance is necessary.

MS. DEKNIKKER answered that such is the case and that two plans a year must be approved by HUD to continue to receive funds. In addition, every five years a Housing and Community Development Plan (consolidated plan) must be completed.

COMMISSIONER URBANOWSKI asked about the administration budget with respect to program funds and if the salaries are for City staff.

MS. DEKNIKKER responded that funds used for administration and salaries must be specific to the CDBG projects.

COMMISSIONER SHEFFIELD asked how the CDBG housing assistance works in conjunction with existing federal and state assistance programs.

MS. DEKNIKKER answered that there is a sister grant program called the Home Program, an investment partnership program specifically for affordable housing and similarly regulated by HUD. The City's Housing and Family Services department manages this program.

COMMISSIONER SCHOCH asked how low and moderate income levels are defined.

MS. DEKNIKKER answered that it is defined by the 2000 Census. In addition, for individuals to benefit from any use of the funds the City performs an income qualification.

COMMISSIONER SCHOCH commented that he has noticed the trend from the federal government is to reduce CDBG funds availability and asked if there is a contingency plan in place in case CDBG funds become unavailable in the future.

MS. DEKNIKKER responded that the Comprehensive Planning and Research department is continually looking for other sources and also works with other City departments to find methods to reduce the reliance on these funds.

MS. CLARK wished to note the included reading materials and that the closing of the property at the Denver Federal Center took place September 19, 2007. There is to be a groundbreaking in October.

MS. CLARK stated that the General Services Administration (GSA) will be finalizing their master plan at the end of this year/first part of next year. The City will be amending the Comprehensive Plan toward the end of the year, too.

MS. CLARK noted in response to an inquiry by CHAIRMAN URBANOWSKI that the Colorado Community Revitalization Association (CCRA) has an annual conference scheduled. It is oriented towards planning Historic Preservation, and new redevelopment/revitalization of communities. This group also manages the Mainstreet Program, of which the Colorado Department of Labor plays a major role.

She went on to mention that the CCRA recently presented an award to Colfax Central for Best New Construction.

ADJOURNMENT

Meeting adjourned at 08:06 P.M.

Walter M. Jauch, Secretary to the Planning Commission