|
|
|
 |
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
Ed Peterson
Tom Quinn
Vicki Stack
Absent: Adam Paul
Others in attendance: Mike Rock, City Manager
Tim Cox, City Attorney
Larry Dorr, Finance Director
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.
Mayor Murphy gave an update on the Democratic National Convention, a historical event that's happening in Denver and the region. He extended a 'special thanks' to members of the City of Lakewood Police Department for their participation in the security efforts at the convention.
He asked that an update also be given on a public comment item from a previous City Council meeting. Mr. Art Emison appeared before the Council on August 11, 2008 and asked for Council's help regarding property he purchased several years ago.
Tim Cox, City Attorney, said he contacted Mr. Emison and they had a pleasant conversation to determine who in the City could help him. He will contact Mr. Emison again on tomorrow and inform him who from the City should be included in future discussions to 'iron out' the logistics of the situation. There are a number of related overlapping issues, and a number of City staff have been involved, thus, it was determined that all communications should be funneled through the City Attorney's office. They plan to meet within the next few days, and Council will be updated accordingly.
ITEM 4 - PUBLIC COMMENT
Mayor Murphy asked for comments from the public.
The following people voiced their opposition to the proposed baseball field at Coyote Gulch Park.
Marina Connors, 14347 W. Wesley Circle, Lakewood, CO
Michael Sidebottom, 14341 W. Wesley Circle, Lakewood, CO-President, Coyote Gulch Homeowners Association
Ralph Hecox, 2450 S. Flora Court, Lakewood, CO
Deborah Hansen, Lakewood, CO
Reasons for opposition include:
• Coyote Gulch Park is a local neighborhood park and community residents
have concerns about it being turned into a baseball field. It is not the proper
site for a regional facility.
• Nightly practices and weekend games are not conducive to this park.
• Some residents did not get a notice regarding the proposed ball park
and feel that more time is needed for community input.
• Many questions are unanswered and the park should not be allowed without
neighborhood input.
Other public comments were as follows:
Carol Tarpley, 333 S. Pierson Street, Lakewood, CO said a person's rights and private property rights should be respected and protected, not trampled or violated or ignored. All proposed ordinances should be publicized in either the Looking At Lakewood paper or the Lakewood Sentinel, where most inhabitants can find out what's being proposed. People should vote on the ordinances so the will of the people will prevail.
Mike Muller, Lakewood, CO said there is a need for additional ball fields in the City of Lakewood, but there has to be a better way of notifying citizens about proposed actions by the Council. He also noted that he's been battling with RTD ever since they presented the current proposal. He gave costs overrun, regarding light rail projects from other cities and noted that the costs were underestimated. RTD is asking more from cities like Lakewood to help with this underestimation. He hopes the City of Lakewood says 'no'.
Brian Wareing, Applewood, CO, spoke about the Declaration of Independence and the unalienable rights of all people. He said the City Council is a representative/hired hand of the people who speak to and through the Council. To ignore what the people say and assume responsibilities that they (Council) do not have is illegal, immoral and unethical. He feels that judges are "well-dressed criminals in black robes" and to pay them more money is abhorrent. He stated that the Council owes to the people (of Lakewood) the knowledge of what's going on in their day-to-day communications as government representatives. Additionally, he feels that RTD has proven beyond a shadow of doubt that it is an "incompetent fraudulent system". The properties of some 180 people are being threatened by total or partial eminent domain proceedings by RTD. He asked the Council to observe their purpose to the people by securing the unalienable rights of people who live in Lakewood, Colorado.
Public comments were closed.
Mayor Murphy recognized Boy Scout Troop 748 and self-introductions were done.
Noting that several comments made were in reference to the ball field at Coyote Gulch Park, Mayor Murphy noted that the Master Plan was approved in 1995 and it included some schools and ball fields. For a variety of reasons, including funding, nothing was implemented since 1995. This is still in progress and action at the September 8, 2008 Council Meeting is simply to authorize Council to apply for grant funds. We have been and will continue to work with the neighborhood on the design of the ball field.
Councilman Anderson said he appreciates having citizens in Ward 4 come forth
and voice their concerns. It is a fair conversation and it should be allowed
so that it works for everyone.
ITEM 5 - PUBLIC HEARING -RESOLUTION 2008-58 -- APPROVING THE FEDERAL CENTER
COMPRESHENSIVE PLAN AMENDMENT AS PART OF THE LAKEWOOD COMPREHENSIVE PLAN
Tim Cox, said Councilwoman Stack, based on her reading of some constitutional and other provisions, raised a question as to whether this item should be done by ordinance rather than a resolution. He said there is a charter provision that indicates when actions must be taken by ordinance. Section 7.1 of the charter says that the following actions shall be by ordinance: Those that authorize the borrowing of money, impose or levy any tax, establish any regulations for violation of which a penalty may be imposed, or places the burden upon or limits the use of property. The question was whether or not any of those sections/provisions apply here and require an ordinance for this adoption of a comprehensive plan amendment. There is no specific requirement in the City Code or charter regarding comprehensive plan adoption. However, as a Home-Rule city, we have the ability to adopt specific provisions that say this is how we're going to adopt comprehensive plans. In the absence of any such specific provision, he feels that we refer back to state statue on comprehensive plan adoption, which provides that planning commissions adopt comprehensive plans and elements thereof, components thereof and amendments thereto, subject to the approval of the governing body-in this case, the City Council. Thus, as far as he can tell (as far back as the City goes) it's been a long practice to have the Planning Commission adopt a resolution for any comprehensive plan amendment and to have the City Council, by resolution, adopt/approve that plan. In checking with Community Planning and Development Staff, they confirmed that resolutions have historically been used for comprehensive plan amendments. He does not believe that any provisions in the Charter -Section 7.1-change that equation for this comprehensive plan. Councilwoman Stack pointed to some provisions in the plan that suggest that funding would be required in the form of borrowing or additional taxation. However, he feels that this being a component of the Comprehensive Plan, it is still an advisory document that does not specifically authorize the borrowing of any sums and does not impose or levy any tax. In a broad sense, a lot of the enactments that the Council under-take, have some effect on the use of property. He feels the intent in this case, and based on historic practice, is to apply that to a specific limitation, such as a rezoning of a piece of property that may limit the uses. A comprehensive plan or a comprehensive plan amendment is a limit on the use of property in the sense that it should require an ordinance. Every jurisdiction that he is aware of does comprehensive plan amendments by resolutions. It is his opinion that the Resolution before Council at today's meeting is the appropriate mechanism.
Councilwoman Stack feels that it has to deal with land use and said when you're restricting development, i.e., for housing, to the northwest corner, is does apply to Section 7.1D.
Tim Cox said if it were a binding limitation on the use of the property for any particular purpose, then it would apply. However, this is a set of goals and visions that may or may not be implemented.
Councilwoman Allen wanted clarification that if rezoning would take place or we were to go into debt because of the proposed comprehensive plan, an ordinance would be required.
Tim Cox said yes, some further Council action would be required to trigger any provisions listed in Section 7.1.
Councilwoman Allen said, therefore, there's no need to change this resolution to an ordinance just because it may or may not lead to other ordinances.
Tim Cox agreed.
Roger Wadnal, Community Planning & Development, presented to the Council the Denver Federal Center Master Plan that was adopted by the Planning Commission on August 6, 2008. Staff recommends that City Council approve the Federal Center Amendment as part of the Lakewood Comprehensive Plan.
Jim Halderman, Glennon Heights Homeowners Association, gave a presentation of the proposed Lakewood Comprehensive Plan for adoption by the City Council. He said it is an advisory document to be used as a guide. He gave some history of the Denver Federal Center (DFC), which began in 1869 and was acquired in 1941 by the U.S. Government. It's a 640-acre secured federal facility that's currently used for office, research and administrative purposes. He stated that it is the recommendation of the City of Lakewood Advisory Committee that City Council approve the Federal Center Amendment as part of the Lakewood Comprehensive Plan.
Lisa Wild, General Services Administration, gave a general overview of the proposed plan. She said the main goal of the Master Plan from the beginning of the process to the end, is to look forward and be proactive about keeping the Federal Center a viable part of the community. Presently, there are 6000 tenants on site and they want to keep them and be able to maintain a federal presence there and open up parts of the site to the community where appropriate. This project started in October 2005 and a series of meetings and other outreach actions have been held. The Denver Federal Center Roundtable, consisting of representatives from the Federal Government, neighborhood groups, business representatives, and local government, met to help guide this process.
It was a very inclusive process and all input received on the plan was a key component in finalizing the ultimate plan. She noted the four major areas of import are transportation planning, open space (some 230 areas are to remain open space), tenant/security concerns and residential uses (some 1400 units are planned). She noted that the plan implementation is a 20+year vision for the site that's to be phased in over time, and the hope is to have a continued partnership with the City of Lakewood.
Mayor Murphy opened the hearing for public comments on the Federal Center Master Plan.
Mike Muller, Lakewood CO, had concerns about traffic on the west side of the DFC (Simms and Alameda). Also, he wanted to know if the proposed 1400 units are high density and how many are low income units.
Carole Tarpley, Lakewood, CO, asked if maps from the presentation were available on-line. Also, what will happen to homeowners south of Alameda, south of the Federal Center and how will they be notified as to what's happening.
Mayor Murphy said the DFC is north of Alameda, and nothing being discussed tonight has anything to do with homes south of Alameda. Also, no homes are planned for the southeast portion of the site near Kipling and Alameda. Proposed housing is focused on the northwest corner of the site.
Brian Wareing, Applewood, CO, said one glaring aspect of the presentation is that there was no voice from the people, only input from government entities/enterprises. Also, the object of building subsidized multi-family housing on the proposed property calls for more support and taking money away from one group of people and rewarding another group of people through the efforts of the first group of people and this is very wrong. In all aspects, what's being proposed is an affront to the people of Lakewood, Colorado, and all over the United States. We're driving ourselves to the verge of bankruptcy for the purpose of helping each other.
Mayor Murphy said he did not hear anything about subsidized public housing in the proposal presented to Council, and it is not part of the plan.
He said this process received much input from many groups, and he extended thanks to Jim Halderman, who speaks for the citizens, all constituency groups, and others involved in the Advisory Committee for the Denver Federal Center.
Public Comments were closed.
Councilwoman Allen wanted confirmation that this is a plan for a large fenced
federal property that input was received from many groups who are all interested
in having this property become a part of the community. Said input is something
all involved can live with.
Mayor Murphy indicated yes, that's correct.
Councilwoman Stack asked about the length of notice given to the public by the
Planning Commission.
Rodger Wadnal said standard notification procedures were followed. Fifteen days
prior to the public hearing, the notice was published in the newspaper of record.
Mike Rock, City Manager, said it is also important to note that the General
Service Administration has been providing a variety of public meetings for an
extended period of time.
Councilman Quinn said he'd asked if it would be possible to include an implementation
step encouraging the restoration of native grasses in portions of the perimeter
open spaces. He noticed that this was done, and he expressed his appreciation
in this regard. Also, he's happy with the plan.
Councilwoman Kellen also expressed thanks to those who participated. The GSA
was very responsive to citizen concerns and she is pleased with the overall
plan. The Federal Center does some need revitalization and renovation.
Councilwoman King complimented staff and all involved in preparing this plan.
It was a wonderful cooperative effort.
Councilman Anderson said because of the traffic issues in this area, which is
one of the most primary concerns from the neighbors, he will vote 'no' on this
item.
Councilwoman Stack asked about funding and will Council be able to discuss this
at a future date.
Mike Rock said should any public funding be utilized, such a request would have
to be presented to Council. He noted that any debt on the part of the City would
be presented to the City Council. Historically, we have not incurred that for
development or creation of districts, etc.
Also, he extended thanks to Jim Halderman, as citizen representative who not
only participated actively, but made a presentation two times. He thanked Lisa
Wild and Scott Conner and noted that the Federal Government does not have to
talk with the City of Lakewood at all, they could do whatever they want on that
640-acre tract. However, they've engaged the community in a discussion about
how the Federal Center 'fits' into our community and the opportunities we all
have at our disposal. This is a great employment base and they have been great
neighbors. He also noted that should any financing mechanisms that involve the
public be utilized, it would have to come back before Council, and likewise,
as development occurs, specific developments trigger requirements for a specific
traffic analysis related to that development. It's very difficult to do speculative
20-year traffic planning today - that's why the Master Plan is simply a guide.
Councilman Anderson asked if the Federal Center decides to re-introduce social
security or the Forest Service back onto the Federal Center, would a traffic
plan be required?
Mike Rock said the Federal Government can do things on their own property without
any involvement from the City of Lakewood, and this Master Plan has nothing
to do with what they can do on their own property. This Master Plan deals with
what happens should they voluntarily share with us or should they transfer property
to private entities to construct buildings for them. We, as a municipality,
do not have the authority to usurp the Federal Government's ability to undertake
is mission. Historically, the Denver Federal Center has always voluntarily come
to the City of Lakewood and has been cooperative. Therefore, if it's strictly
a federal activity on federal property, there is no City involvement whatsoever.
Councilman Peterson commented on how this process has evolved a long period
of time. The spirit of cooperation has always been present by the Federal Center
and the GSA. There is no obligation on behalf of the Federal Government to even
start a dialogue with the City of Lakewood. He commended all involved in this
getting document together and the process used.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson,
to adopt Resolution 2008-58.
Vote: Ayes: 9 Nays: 1 (Anderson) Absent: 1 (Paul) The motion passed.
CONSENT AGENDA
Consent Agenda Items 6 - 9 were read into the Record by the City Clerk.
ITEM 6 - RESOLUTION 2008-57 -- AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD,
THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, AND THE CITY OF WESTMINISTER FOR
THE IMPLEMENTATION OF A COUNTY-WIDE DOG LICENSING PROGRAM
ITEM 7 - ORDINANCE O-2008-23 -- TO REZONE LAND LOCATED AT 10025 WEST 23RD AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 8 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting, April 28, 2008
Regular City Council Meeting, June 9, 2008
Regular City Council Meeting, June 23, 2008
ITEM 9 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, July
10, 2008
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, July
24, 2008
Lakewood Planning Commission Meeting, July 16, 2008
Lakewood Commission for an Inclusive Community Meeting, July 9, 2008
Mayor Murphy asked for comments on the proposed Resolutions.
There were no public comments.
Mike Rock said Item 6, RESOLUTION-2008-57 is an amendment to the intergovernmental agreement between the City of Lakewood and the other municipalities in Jefferson County regarding the Table Mountain Animal Shelter. Sometime ago, an ordinance was enacted to deal with and track dangerous dogs across municipal boundaries, to reunite stray dogs with their owners, and to devote licensing revenues to the Table Mountain Animal Shelter, operation and maintenance of the current shelter and it's ultimate replacement. All entities involved agreed on a phase-in approach recognizing that Jefferson County had dog licensing for a number of years, but for the rest of the municipalities it would be a great deal of education involved. The agreement was written with a first year target of 10% compliance rate, and any revenues collected in excess of that 10% compliance rate, would be returned to the entity for their general fund. In discussing this further with all entities, it was proposed that instead of returning excess revenues to the municipalities, all the monies paid for licensing, minus costs of the County to administer the program, should go back to the maintenance and eventual replacement of the Table Mountain Animal Shelter. This amendment does just that. Jefferson County has identified a site at the Jefferson County Fairgrounds, and they are at the final stage of their due-diligence in Engineering to make sure that the site drainage and other items work, and the final stages of design for a shelter, which will be designed in a way that it will have components that can be added or deleted based on voluntary fundraising. Jefferson County will contribute a certain amount of funds and all the other municipalities will pledge licensing revenues, and that amount of money will form the base facility. Additional items to enhance the operation of the facility will be paid for through fundraising. Action by Council tonight will direct that all funds collected for licensing go back to the Table Mountain Animal Shelter.
Councilman Anderson asked how would the $100,000 that the City of Lakewood had previously contributed to the support/funding of Table Mountain Animal Shelter affect the facility or do we anticipate lowering that amount in any way?
Mr. Rock said for the near term, we do not anticipate that amount changing. For the long term, if the facility is built and the licensing revenue funds are sufficient to carry that capital cost and ultimately to carry the operation costs, then the intent would be eventually the municipalities would phase out their funding support. The idea was not that this would be substitute funding, and if we substituted this for the funding we're already providing, we would have what we have today. He added that the long-term depends on the revenue generated. We anticipate that with this change, it will generate $378,135 - enough to support roughly $3,000,000 in capital. Also, we anticipate that Jefferson County, in the month of September, will commit an addition $3,000,000 in capital, and that $6,000,000 would form the foundation for the base facility. Thus, over time to the extent that revenues are collected that are sufficient to provide the $3,000,000 capital, eventually we will see a reduction or maybe even a phase-out of the general fund support of the shelter. However, we don't want to create such an expectation and, in doing so, short-change the construction of the facility or maintenance that will need to occur between now and when the facility is built.
Councilman Anderson said his concern during the vote on the dog licensing/fees was that it not become something that was taxed without a vote from the public, and not become something that replaced the $100,000 that the City removed from General Funds. He feels that an animal shelter is a fundamental responsibility of the City of Lakewood, and he hopes the $100,000 will continue to be committed in spite of any additional fees that citizens pay. He wants to discuss this again whenever Staff anticipates this topic.
Mr. Rock said the logical payout period is probably 10-20 years, but obviously, it depends on the rate of collection. Additionally, it is hoped that a sinking fund would be created so the next time a facility needs to be replaced, the funds are there rather than having to start the process anew.
Councilman Anderson said during a recent study session, there was somewhat of a disturbing percentage in this regard, and he wanted to know if any corrections were made as to the percentage that goes to overhead.
Mayor Murphy said that was corrected at the following meeting.
Mr. Rock said the County administers the program and no funds go to any municipality. The County has two clerical persons, mailing, internet renewals, etc. Their estimated cost for 2008 was $105,000. They anticipate under-spending that amount by some 18% and, therefore, will spend $86,000. All funds in excess of that cost will go back into the program.
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.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Paul) The motion passed unanimously
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 10 - ORDINANCE 0-2008-22 - AMENDING CHAPTER 3.01 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SALES AND USE TAX BY THE ADDITION OF A NEW SECTION 3.01.205 RELATING TO AN ELECTRONIC DATA BASE FOR THE PURPOSE OF DETERMINING TAXING JURISDICTIONS
Larry Dorr, Finance Director, said this ordinance is designed to help the business community (inside and outside of Lakewood) in regards to determining and collecting the correct amount of sales tax due on purchases. Businesses, for the sake of sales tax, can rely on an electronic database of addresses to determine the jurisdiction to which tax is owed. He added that upon adoption of this ordinance by the Council, plans are to make references on the City's sales tax division website so that all businesses can get this information both at the City and State websites.
Mayor Murphy said this ordinance is in an effort to come into compliance with the State's statue that was passed in 2004. Since that time, we've worked to validate the database. He asked about options that were available to the businesses without this sales tax collection effort.
Mr. Dorr said when businesses look to an unreliable database, they may not be able to get the right taxation, and ultimately face sales and use tax audits. It's been estimated that some $500,000 a year in errors, omissions, etc. are happening relative to addressing, and staff feels that this is one good first step in making resources available to businesses to get the jurisdiction taxation correct. Other local-front range governments are adopting this type of ordinance as well.
Mayor Murphy added that it is a mechanism for each and every local government that adopts this ordinance to collect tax correctly and appropriately within their communities and not having to go back to the business for an audit.
Councilwoman Stack asked when will the database for multi-jurisdictions be set up for a central location--where multi-jurisdictional payments actually go into one.
Mr. Dorr said Councilwoman Stack is referring to multi-jurisdictional licensing, collections, etc. This is another part of the State House of Representatives bill. With this database of addresses, businesses can go to see what the jurisdictional tax is at any given delivery point. The next phase of the legislation calls for local governments to begin working on this, and the second phase is beginning now and in the near term future talks will ensue regarding how to do centralized licensing. This will be similar to the dog licensing venture mentioned earlier, in that other Colorado Home Ruled cities would work together to have a centralized place where a business that makes deliveries in Colorado would not have to do ten or more sales and use tax licenses-they would do only one.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt ORDINANCE 0-2008-22 for second and final reading.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Paul) The motion passed unanimously
ITEM 11 - GENERAL BUSINESS
No general business was conducted at today's meeting.
ITEM 12 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 13 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:55 p.m.
Submitted by:
Margy Greer, City Clerk
 |
||
Americans with Disability Act (ADA) Notice |
||
