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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
Diana Allen
Cindy Baroway
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
Absent: Doug Anderson
Others in attendance: Mike Rock, City Manager
Tim Cox, City Attorney
Joni Inman, Director, Mayor and City Manager's Office
Paul Rice, Principal Planner-CP&D
Ben Mehmen, Civil Engineer II, Public Works
John Padon, Principal Traffic Engineer, Public Works
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 - RESOLUTION 2008-48 - APPOINTING MEMBERS TO THE ROONEY VALLEY JOINT PROJECT REVIEW COMMITTEE
Mayor Murphy explained that the City of Lakewood and the Town of Morrison have entered into an Intergovernment Agreement whereby representatives from each City would work together to review any proposed projects near Rooney Valley that would affect both jurisdictions. With the retirement of Richard Plastino an opening is available. This formally appoints Councilman Adam Paul and Mr. Jerry Golley to serve on this committee as representatives from the City of Lakewood. He asked for a motion to adopt the appointment of members to the Rooney Valley Joint Project Review Committee.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Resolution 2008-48, Mayor Murphy's appointment of Adam Paul and Jerry Golley to the Rooney Valley Joint Project Review Committee.
Vote: Ayes - 10 Nays: 0 Absent: 1. The motion carried.
Mayor Murphy asked City Manager Mike Rock, to clarify an item that was on last Monday's Study Session regarding the Table Mountain Animal Center.
Mike Rock, City Manager, gave a clarification of information presented at a previous meeting in regards to the licensing program at the Table Mountain Animal Center. In regards to funding, he noted that an estimated $84,327 are to be collected this year in licensing fees, of which $64,224 will go to the Table Mountain Pool. He indicated that the balance - overage - ($20,103) will be returned to the City of Lakewood. Additionally, six municipalities are involved and five have agreed to placing any overages into the Table Mountain Pool, in an effort to more quickly set aside funds for the construction of a replacement facility. (One municipality representative was out of town). This will be confirmed at a meeting on this Thursday.
Administrative fees--which are charged by the Counties for administrative programs--stay fixed with the total not to exceed $105,000. These funds will be divided by the six municipalities, subject to audit. He also reported that all funds are going to where they were allocated.
ITEM 5 - PUBLIC COMMENT
A Public Comment Roster is available immediately inside the Council Chambers. Anyone who would like to address the Council on any matter other than an agenda item will be given the opportunity after signing the roster. Speakers should limit their comments to three minutes.
David Wiechman, 722 S. Beech Street, Lakewood, CO, extended a "Thank You" to Mayor Murphy and his wife for graciously stepping in and helping with a recent fundraiser at the Belmar Farmers Market, held by the Belmar Optimist Club, to support Alameda High School Programs. Mr. and Mrs. Murphy helped in cooking/serving pancakes at the fundraiser.
Mr. Ben Herrera, 1380 S. DePew, Lakewood, CO, voiced his concerns about an unpleasant incident he and his wife experienced recently while on a family vacation. He wanted to know how can illegal immigrants drive vehicles in Lakewood without a valid Colorado driver's license, especially when the country he visited did not recognize his valid Colorado license and current insurance. He was told, and it is his belief, that the Mayor and/or City Council could do something about this.
Mayor Murphy said an answer would be provided to Mr. Herrera by the end of tonight's meeting. He noted, however, that he, (Mayor) nor the City Council had any jurisdiction in this regard.
Tim Cox, City Attorney, stated that drivers licensing is under the jurisdiction of the State and not the Mayor, the City Council nor the City of Lakewood.
Mr. Pete Roybal, 6445 W. Nevada Place, Lakewood, CO, read a petition, signed by residents in the Cloverdale Neighborhood, that expressed gratitude to the City of Lakewood Engineering Department, Community Planning and Development, and the Department of Urban Drainage and Flood Control, for their efforts in making a difference and helping with the drainage problems in their neighborhood. He noted that the hard work done by all involved had a profound impact on 96 homes, six businesses, five complexes and one school, and it resulted in an annual savings of approximately $130,000. "Special Thanks" were extended to City of Lakewood employees: Vince Casteel, Jay Hutchison, and Rebecca Clark. Also, thanks to Bill DeGrat with the Urban Drainage and Flood Control, and Carolyn Royan of Mullen Engineering.
CONSENT AGENDA
Consent Agenda Items 6-12 were read into the Record by the City Clerk.
ITEM 6 - RESOLUTION 2008-49 - AMENDING RESOLUTION 2007-48, AS AMENDED; CONCERNING
THE ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
ITEM 7 - RESOLUTION 2008-50 - APPROVING A CONTRACT WITH COLORADO CODE CONSULTING,
L.L.C. FOR THE BUILDING PLAN REVIEW OF THE ST. ANTHONY WEST PROJECT
ITEM 8 - RESOLUTION 2008-51 - AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY AND COUNTY OF DENVER FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL CONVENTION
ITEM 9 - RESOLUTION 2008-52 - AUTHORIZING MAYOR MURPHY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH OTHER FRONT-RANGE MUNICIPALITIES, THROUGH THE METRO MAYORS CAUCUS, TO PROMOTE HEALTH AND WELLNESS INITIATIVES DESIGNED TO MAKE METRO DENVER "AMERICA'S HEALTHIEST COMMUNITY"
ITEM 10 - ORDINANCE O-2008-18 - ADDING SECTIONS 9.60.055 AND 9.60.057 TO TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO GRAFFITI MATERIALS
ITEM 11 - APPROVING MINUTES OF CITY COUNCIL MEETING
ITEM 12 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Housing Authority Meeting, April 28, 2008
Lakewood Commission for an Inclusive Community Meeting, May 21, 2008
Mayor Murphy asked for comments.
No public comments were given.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to approve Council Minutes, accept all minutes for Boards and Committees, order all ordinances introduced on first reading to be published into the Rocky Mountain Newspaper for public hearing set for dates included in the ordinances, and to adopt resolutions, all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk.
Councilwoman Stack asked if there were any costs associated with Agenda Item 9.
Mayor Murphy said no, and explained that this is an initiative between six municipalities in a joint effort to promote health and wellness. Each city will select and publicize six initiatives in this regard.
Vote: Ayes - 10 Nays: 0 Absent: 1. The motion carried.
PUBLIC HEARING AND SECOND READING ORDINANCES
ITEM 13 - ORDINANCE O-2008-16 - TO VACATE A 15 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE CITY OF LAKEWOOD ACROSS THE LAKEWOOD HIGH SCHOOL PROPERTY LOCATED AT 9700 WEST 8TH AVENUE, LAKEWOOD, COLORADO
The Public Hearing was opened for comments.
There were no comments.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance 0-2008-16 on second and final reading.
Vote: Ayes - 10 Nays: 0 Absent: 1. The motion carried.
ITEM 14 - ORDINANCE O-2008-17 - TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT BETWEEN GARRISON STREET AND INDEPENDENCE STREET NORTH OF WEST 9TH AVENUE, LAKEWOOD, COLORADO
The Public Hearing was opened for comments.
There were no comments.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson to adopt Ordinance 0-2008-17 on second and final reading.
Vote: Ayes - 10 Nays: 0 Absent: 1. The motion carried.
ITEM 15 - ORDINANCE O-2008-19 - TO REZONE LAND LOCATED AT 8990 AND 8992 WEST COLFAX AVENUE CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Mayor Murphy said this is a rezoning hearing and he explained the procedures for rezoning. He noted that City Council has received and reviewed written findings from the Planning Commission on this case. The entire record is also available for review.
The Public Hearing was opened for comments.
Ms. Kari Shohet, 8990 W. Colfax, Lakewood, CO, applicant, wants to open a day care center for dogs. She gave a presentation that included an article from the Wall Street Journal dated June 26, 2008. She also gave information on her background in doggy day care that includes raising and completing an internship with Guide Dog School for the
Blind and in-home dog training for metro Denver. Her research has shown that there is a need in the Lakewood community for a pet day care and she is here to fill that need. Her plans are to offer high quality pet care, that will include boarding for cats and other animals, swimming for dogs, dog training, dog care and premium pet supplies (i.e., food, toys, etc.) They will also provide specialty services for older dogs. Veterinary services will be available. Planned hours of operation are 6:00 a.m. to 7:00 p.m., with staff being at the facility until 8:30 p.m. Although, staff will not be at the facility while the dogs are sleeping, the animals will be monitored via web cameras 24 hours a day-seven days a week. One staff person will be responsible for every 12 dogs enrolled. The facility will operate according to City standards. Security measures will be in place in case of an emergency. In regards to noise and odor, she noted that there will be a masonry wall to help alleviate noise, and the type of canine grass that will be used is very odor absorbent. (A sample of the canine grass was available for inspection at the public hearing.) She thanked the Council for their time and consideration of her proposed business.
Paul Rice, Senior Planner, Community Planning and Development, City of Lakewood, stated that the Planning Commission at a meeting on April 16, 2008, recommended approval of Case No. RZ-07-005. The applicant had an open-house and neighbors were invited. There were no comments from the Eiber Neighborhood Organization.
Other staff members that were present to answer questions were: Tim Gelston, Development Review Manager; Ben Mehmen, Project Engineer, and John Padon, Traffic Engineer.
PUBLIC COMMENTS
The following people were present and spoke in support of the rezoning request:
Ms. Jeannie Morris (22 Red Trail Drive, Highlands Ranch, CO)
Mr. Mike Viewea (2015 Minen Street, Idaho Springs, CO)
Phyllis Hendrickson (1801 Brent Wood, Lakewood, CO)
Ms. Madie Marinek (1830 Allison Street, Lakewood, CO)
The following people signed the Public Hearing Roster in support of the rezoning request.
Ms. Andrea Bains (520 Cherokee, Lakewood, CO)
Mr. Mike Dailey (520 Cherokee, Lakewood, CO)
Reasons for support include:
• Residents feel there is a need for this type of facility in Lakewood.
• This type of facility will help to educate pet parents, and it will help
to ensure long life for pets.
• This business will enhance the area.
The following people spoke in opposition to the rezoning request:
• Mr. Alan Raymer (representing the apartment complex located near the proposed site) stated that the apartments are a non-pet facility, and the noise and odor could cause tenants to leave and it would be difficult to get new ones. He noted that the that the tenants who signed the petition in support of the doggy day care no longer live in the apartments. He also has concerns as to when the dogs bark too loudly. Who will enforce making them quiet down? What recourse will the tenants have? And too, he feels that the sound barrier is not adequate.
Councilman Quinn said since no staff person will be at the facility overnight, he wanted to know how the animals will be monitored.
Ms. Shohet said web cameras will be in operation 24-hours a day, seven days a week. The facility will also be monitored for carbon monoxide and security, fire, etc.
Councilman Paul wanted to know about sound proofing and if audio cameras would be installed to tell when the dogs are barking.
Ms. Shohet said no audio cameras will be used, but the visual pictures are crisp and they will be able to see the dogs via the web camera. In regards to noise control, the facility will have concrete masonry and this will help to prevent barking sounds outside at night.
Councilwoman Koop asked for clarification of hours of operation and when staff will be at the facility. She fees that the proposed space is not large enough and if there are any plans to enlarge it. Also, she wanted to know how the dogs would be separated.
Ms. Shohet said the hours of operation are from 6:00 a.m. to 7:00 p.m., and staff will be there daily until 8:30 p.m. The size for the facility is 5500 square feet, which is large enough for what's proposed. The dogs will be separated based on size, age, and temperament.
Councilwoman Baroway commented about the canine grass noting that from her experience, what the applicant proposes to use is a good product for controlling odor.
Councilwoman Allen asked about the distance between the fence line of the proposed facility and that of the apartment complex.
Paul Rice stated approximately 57 feet of space separates the proposed facility from the apartment complex. It is 142 feet from building to building-so when the dogs are inside the building, they are 142 feet from the apartment. The building is 65 feet from the property line on the north side to the apartment building on the south. There is 10-12 feet between the fences. Large trees will help screen the facility, and the applicant plans to put in vertical evergreens in the landscape portion.
Councilwoman Stack asked about the Pet and Animal Care Facility Act (PACFA) for Colorado; if there will be a mobile veterinarian; if the applicant had plans to house stray dogs.
Ms. Shohet said she is familiar with PACFA, but she has not submitted any plans to the State at this time. She said yes, she will have a mobile veterinarian, and no, there are no plans to house stray animals.
Councilwoman Stack also wanted to know about co-mingling of pets overnight in reference to PACFA, and what plans does the facility have should there be an emergency.
Ms. Shohet said co-mingling will not be a problem-dogs from same households can be in the same unit. Dogs from different households will be adequately accommodated. In case of emergencies, the facility will be connected to the police and fire departments. She noted that all dogs admitted to the day care will be tested as to their ability to play in groups. No anti-social dogs will be admitted. Dogs on medication will be accepted and medicines will be administered according to directions from the veterinarian, and at no extra charge.
Councilwoman Stack said due to the revamping/rezoning of the facility, she wanted to know how would this affect drainage. Also, she's concerned about the size of the facility-can it handle the requested use. She also asked about runs at T-Mac.
Mr. Rice indicated that the footprint of the building, in relations to street side improvements, should not be affected. He's not familiar with the T-Mac facility, but the number of runs at the proposed facility is 50, and if there is more than one dog in a run, it could equal to 100.
Councilwoman Stack said she is disappointed that the Eiber Neighborhood Organization was not there for the apartment complex.
Mike Rock noted that the Eiber Neighborhood Organization had the opportunity to make recommendations if they had concerns. He added that the proposed facility meets all zoning requirements, but the applicant has to comply with all State and Federal regulations. The City of Lakewood feels that the facility is adequate for the suggested use.
There were no further comments.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt this item based on the facts/findings from the Planning Commission dated April 16, 2008.
Mayor Murphy said he feels the applicant has done her homework and that this will be a nice addition to the City of Lakewood.
Councilmembers Peterson, Kellen, and Koop said they will support the request, and extended best wishes to the applicant.
Vote: Ayes - 10 Nays: 0 Absent: 1. The motion carried.
ITEM 16 - GENERAL BUSINESS
No General Business was presented at today's meeting.
ITEM 17 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:20 p.m.
Submitted by:
Margy Greer, City Clerk
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