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Minutes are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
ITEM 1 - CALL TO ORDER
Mayor Murphy 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 Bob Murphy, Presiding
Adam Paul
Debbie Koop
Karen Kellen
Doug Anderson
Ed Peterson
Diana Allen
Tom Quinn
Sue King
Vicki Stack
Cindy Baroway
Others in attendance: Mike Rock, City Manager
Tim Cox, 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 and a moment of silent prayer was observed.
ITEM 4 - PRESENTATION - COLORADO LOTTERY
Tom Kitz, Deputy Director and Matt Robbins, Community Outreach Officer of the Colorado Lottery presented the 2007 Starburst Community Award for the excellence in use of lottery proceeds at the Gary R. McDonnell Park.
ITEM 5 - RESOLUTION 2007-62 - APPOINTING THE MAYOR PRO TEM OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD
Councilwoman Allen made a motion to adopt Resolution 2007-62 appointing Ed Peterson as the Mayor Pro Tem of the City of Lakewood. Councilwoman King seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 6 - RESOLUTION 2007-61 - APPOINTING THE PRESIDENT OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD
Councilman Peterson made a motion to adopt Resolution 2007-61 appointing Diana Allen as the President of the City Council of the City of Lakewood. Councilwoman Koop seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 7 - PUBLIC COMMENT
Gary Meggison - 11284 W. Asbury Avenue, Lakewood, CO stated that he is a construction worker building a new Planned Parenthood and pro-life picketers have been protesting in front of his home. He asked City Council to adopt a residential anti-picketing ordinance similar to one enacted in Arapahoe County and one soon to be acted on in Greenwood Village.
Larry Wall - 11223 W. Asbury Avenue, Lakewood, CO stated that he lives approximately one block from the Meggison residence and strongly encouraged City Council to address the issue of targeted neighborhood picketing. He asked for restrictions including consideration of the number of protesters in a given neighborhood, times and durations of such protests, days of protest (weekdays, over weekends) due to parking and traffic issues, sizes of signs, noise levels, and rally-type activities. He stated that there should be a clear and enforceable balance between the rights of free speech and right of neighborhood residents to have a calm, quiet, privacy and safety protected and preserved.
Barbara Amdurer - 2145 S. Parfet Drive, Lakewood, CO asked City Council to classify this type of targeting neighborhood picketing as a hate crime and suggested that anyone who is disgusted by this intimidation and bullying make a contribution to Planned Parenthood to foster caring and concerned parenting.
Terry Vlosich - 11274 W. Asbury Avenue, Lakewood, CO supports banning of protesting in neighborhoods stating that she feels bullied living next door to the Meggison's due to this picketing and protesting. She provided examples of how the protesters have caused her and her family stress due to their presence and activities.
Brian Wareing - Applewood stated that he came to speak for a different purpose but after listening to the prior speakers, he spoke about pro-life.
Public comment closed.
Councilwoman Allen responded to the neighborhood picketing asking Council to review this issue at an upcoming study session.
The City Clerk read the following Consent Agenda items into the record:
ITEM 8 - RESOLUTION 2007-58 - ESTABLISHING PROCEDURES AND CRITERIA FOR THE INSTALLATION OF ELECTRONIC SPEED DISPLAY SIGNS IN LAKEWOOD COLORADO
ITEM 9 - RESOLUTION 2007-60 - FOR ACCEPTANCE OF A WARRANTY DEED FROM CARMA LAKEWOOD, LLC, CONVEYING TO THE CITY OF LAKEWOOD TWO TRACTS OF LAND ALONG COYOTE GULCH SOUTH OF IRON SPRING PARK
ITEM 10 - ORDINANCE O-2007-33 - INCLUDING A PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD WITHIN THE METRO WASTEWATER RECLAMATION DISTRICT SERVICE AREA
ITEM 11 - ORDINANCE O-2007-34 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF A TRAFFIC SAFETY SIGNAL AND SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF KIPLING STREET AND WEST 20 AVENUE FOR THE S.H. 391 (KIPLING) AT WEST 20th AVENUE STREET TRAFFIC SAFETY SIGNAL PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 12 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting November 26, 2007
Public comment was opened.
Danny Cummings - 873 S. Union Boulevard, Lakewood, CO spoke in favor of Resolution 2007-58. He emphasized the need for speed limit signs on Union Boulevard between Alameda and Kentucky. He provided several examples of property loss and stated that his biggest concern is the danger posed to the elementary school children in the area. He added that the police had set up a temporary speed limit sign and he noticed a big difference.
Public comment was closed.
Mayor Murphy provided a brief overview of Resolution 2007-58 stating that one lighted speed sign is budgeted per year on arterial or collector streets only at the cost of $10,000 with the City paying ninety percent and the neighbors paying ten percent.
Councilman Peterson expressed his appreciation to staff and the neighborhood for their work in addressing this issue.
Councilwoman Allen made a motion to approve the Council minutes, order all Ordinances introduced on first reading to be published in the Rocky Mountain News with Public Hearings set for the date included in the Ordinance, and for adoption of Resolutions, all of which are included in the Consent Agenda items introduced into the record by the City Clerk. Councilman Peterson seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2007-32 - TO REZONE LAND LOCATED AT 9001 W. 10TH AVENUE
Councilwoman Kellen recused herself in this matter.
Mark Doering, Principal Planner entered the staff report, subdivision ordinance, zoning ordinance, comprehensive plan (including all area plans such as neighborhood plan, corridor plans and special area plans) into the record. He stated that this is a request by Larry & Robin Foiles for a rezoning from a large lot residential (1-R) to planned development (PD) for a 2.3-acre property located at 9001 W. 10th Avenue to allow for the development of a large barn on the property. The Planning Commission heard the application at the November 7, 2007 public hearing and recommends approval of the application by a 6-0 vote.
Public hearing was opened.
Larry Foiles - 9001 W. 10th Avenue, Lakewood, CO is the owner of the property and reviewed the key aspects of the application. He presented a PowerPoint slide show depicting the changes that have been made thus far describing the environmental considerations that were taken to construct the home and showing the features that he would like the barn to have. He thanked staff for their assistance in this process.
Paul Ditson - 13th Avenue & Garrison Street, Lakewood, CO is President of the Eiber Neighborhood Association and stated that they are in favor of the rezoning and applaud Mr. & Mrs. Foiles in their intended design as it fits in with the stated objectives of the neighborhood plan and surrounding character of the neighborhood.
Public comment was closed.
Councilwoman King spoke in favor of this stating that it is a wonderful improvement to the neighborhood. She added her concern that water rights do not always include holding rights but is aware the Mr. Foiles is in contact with the ditch company and is aware that it may not be a possibility.
Councilwoman Stack asked why this property had to go to PD.
Mark Doering explained the difference between R1a (agricultural zoning that allows more commercial operations) and PD.
Councilwoman Stack inquired if there are requirements of two and a half or more acres before they are used for a commercial.
Mark Doering answered that the zoning has a minimum lot size of one acre and the proposed property is 2.3 acres and there are no minimum sizes for those uses. The change was to prevent some of the more commercial agricultural operations from occurring in a single-family residential neighborhood.
Councilwoman Stack asked for clarification on the minutes from September 20, 2007 as they stated that neighborhood was not in favor. Tonight, however, the neighborhood was in favor. She wondered if another meeting had occurred.
Mark Doering responded that the applicant held additional meetings and provided additional information to the neighborhood.
Councilwoman Baroway stated that she was in favor of the project and asked about the dual driveways.
Larry Foiles clarified that along 10th Avenue, there are two entrances now but the proposed development will allow three accesses to the property.
Councilwoman Allen iterated her understanding of the change in zoning.
Councilman Anderson asked the applicant if he was comfortable where this was going, without reservations.
Larry Foiles answered that he was very comfortable.
Councilman Peterson commended the applicant and staff for working with the community and preserving the property rights and presenting such a great application.
Councilwoman Koop stated she would be supporting this project and praised the Foiles for preserving the historical value of the property.
Councilwoman Stack asked if the zoning remains in tact if the land is sold.
Mark Doering answered that the zoning will remain with the property after it is sold. It is the zoning until Council changes the zoning at a later date with some other action.
Councilwoman Stack stated she would be supporting this issue and apologized to the Foiles on behalf of Council for taking so long on bringing this zoning forward.
Councilman Quinn stated that he would be in favor of this project adding that it exemplifies respect for joining land uses and he congratulated everyone who worked on this project.
Councilwoman Allen moved for the adoption of Ordinance O-2007-32 to rezone land located at 9001 West 10th Avenue on second and final reading based on the findings of fact with the Planning Commission dated November 7, 2007. Councilman Peterson seconded the motion.
Mayor Murphy thanked the Foiles for their patience and commitment and stated that he would be supporting the ordinance.
Vote: 10 Ayes. No Nays. Kellen recused. The motion carried.
ITEM 14 - GENERAL BUSINESS
None.
ITEM 15 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 16 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:11 p.m.
Submitted by,
Margy Greer, City Clerk
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