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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M, January 26 2009
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
Doug Anderson
Cindy Baroway
Karen Kellen
Sue King
Ed Peterson
Tom Quinn
Vicki Stack
Debbie Koop
Absent: Adam Paul
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 - PROCLAMATION - RECOGNIZING CARL NEU'S SERVICE TO THE LAKEWOOD BUILDING AUTHORITY
Mayor Murphy presented a Proclamation to Carl Neu in honor of his 30-years of service to the Lakewood Building Authority.
ITEM 5 - RESOLUTION 2009-3 - APPOINTING A MEMBER TO THE LAKEWOOD PLANNING COMMISSION
A motion was made by Councilwoman King and seconded by Councilman Quinn, to adopt Resolution 2009-3 appointing Julia Burroughs, representing Ward 2, to the Lakewood Planning Commission, serving from January 27, 2009 to March 31, 2010.
Vote: 10 Ayes. 0 Nays. Absent 1 (Paul) The motion passed unanimously.
ITEM 6 - RESOLUTION 2009-4 - APPOINTING AND RE-APPOINTING MEMBERS TO THE CITY OF LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman King and seconded by Councilman Quinn to adopt Resolution 2009-4 appointing and reappointing the following persons to the Lakewood Commission for an Inclusive Community: appointing Margaret Doherty, Michelle Giroir-Johnson, Judine Leonhart, Barbara Mulroy, Beth Sjulstad-Wolter and Mariza Vazquez for three-year terms ending December 31, 2011; and to reappoint for a second term, James Bradburn, Christy Herron, Debra Hinsvark, Patricia Gaffney-Kindig, Frank Lay, Kane McNeill, Thomas Slabe and Jeanette Trujillo, to a second term, ending December 31, 2011.
Vote: 10 Ayes. 0 Nays. Absent 1 (Paul) The motion passed unanimously.
Kathy Hodgson, Community Resources Director, gave an update/status report of funding for the baseball field at Coyote Gulch Park. She said on December 16, 2008, Great Outdoors Colorado Board (GOCO) unanimously approved full funding of $200,000 for the baseball field project. Jefferson County Open Space Advisory Committee unanimously recommended full funding of $350,000. Said recommendation is now being considered for approval by the Jefferson County Commissioners, who will give a final vote on February 3, 2009. She showed photos and briefly discussed the finalized design that includes numerous modifications. A copy of said design can be obtained from the City of Lakewood's web site.
ITEM 7 - PUBLIC COMMENT
Barbara Barry, President, Applewood Valley Association, P.O. Box 25, Golden, CO 80402, said much has gone wrong with policies and on-the-ground improvements and that the concerns of the residents have gone unnoticed, and their volunteered participation is handicapped by certain city schedules and decisions. She asked that Item 9 be pulled from the Consent Agenda and discussed separately.
Mayor Murphy and Tim Cox, City Attorney, noted that the merits of Item 9 could not be discussed at this meeting. Said item is on the Consent Agenda to schedule a public hearing.
Darlene Gollaway, Applewood Valley Association Board of Directors, said the actions of the Council directly affect the residents of Applewood, and that many of their questions go unanswered and unacknowledged.
Lydia Creager, Applewood Valley Association Board of Directors, wanted to know why access to Planning Commission meetings was terminated from Channel 8 because many of the residents in Applewood depended on that broadcast to know what's happening in the community.
Mayor Murphy noted that televising of Planning Commission meetings on Channel 8 was terminated at the beginning of the year because very few people were watching the meetings. It was coincidental that this happened in that case. Information concerning televised meetings on the homepage for the Planning Commission will be corrected tomorrow.
Carole Tarpley said City Council should represent the people and protect their unalienable rights, and not the developers and special interest groups.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, said he has issues with RTD and feels that RTD is taking over the entire City of Lakewood. He also spoke about his drainage and sewer problems.
Dave Wiechman, 722 S. Beech Street, Lakewood, CO, feels that there is enough land at Coyote Gulch Park for both baseball and open space. Also, he feels that it is a very noble act that some Green Mountain residents have donated funds to help with the park.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, suggested that the plan for the parking lot should have some kind of expansion for the future because many people may use the parking lot during the summer (perhaps when they go on hikes, etc.) causing a shortage and resulting in overflow parking on the streets in the neighborhood. He feels now is the time to do the planning, which could prevent a possible uproar in the future.
Public comments were closed.
Jay Hutchison, Director of Public Works, said the drainage incident mentioned by Mr. Lopez did cause water to back up in a number of homes. Consolidated Mutual Water Company has stated they will make sure that the neighbors are taken care of, i.e. cleanup and restoration of homes.
Discussion ensued, and it was noted by Mike Rock, City Manager, that plans are to put in place an Ombudsman, someone who has expertise in construction and the ability to communicate with persons involved on a detailed level.
Mayor Murphy additionally noted that in regards to Channel 8 terminating televised Planning Commission meetings and knowing that we were going into a difficult budget year, surveys were done late last year and the result of said surveys showed that not enough people were watching to justify the expense. He's regretful that this action coincided with the first meeting of the year that dealt with two very significant land use cases before the Planning Commission.
Further discussion noted that Item 9 - Ordinance O-2009-8 is for first reading only at tonight's meeting. Persons can argue pros and cons at the second reading, which is scheduled two weeks from tonight - sufficient notification for all concerned.
The City Clerk read the following items on the Consent Agenda into the record:
ITEM 8 - RESOLUTION 2009-5 - AUTHORIZING THE EXECUTION OF AN AGREEMENT TO PURCHASE ONE TEMPORARY EASEMENT AND ONE PERMANENT EASEMENT AT 11501 - 11503 WEST COLFAX AVENUE FOR THE COLFAX AT SIMMS STREET INTERSECTION IMPROVEMENT PROJECT
ITEM 9 - ORDINANCE 0-2009-8 - TO REZONE LAND LOCATED AT 2100 YOUNGFIELD STREET CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 10 - ORDINANCE 0-2009-9 - ADDING A NEW CHAPTER 5.53 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE LICENSING OF ESCORT SERVICES AND AMENDING SECTION 9.45.020 AND SECTION 9.50.080 OF TITLE 9 PERTAINING TO PUBLIC PEACE AND SAFETY
ITEM 11 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting January 12, 2009
ITEM 12 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Board of Adjustment Meeting January 3, 2006
Board of Adjustment Meeting February 20, 2007
Public Comments on the Consent Agenda:
Shirley Schneider, 2150 Myrtle Wood Lane, Lakewood, CO 80215 wanted to comment on Item 9 - Ordinance 0-2009-8.
Mayor Murphy explained that the only Consent Agenda Item open for public comments was Item 8-Resolution 2009-5.
There were no additional public comments on the Consent Agenda.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, 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 on Consent Agenda: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 13 - ORDINANCE O-2009-1 - CHANGING THE USE FOR THE WESTERLY TWENTY-FIVE (25.00) FEET OF RAY ROSS PARK FROM "OPEN SPACE AND PARK PURPOSES" TO "PUBLIC STREET PURPOSES"
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-1 on second and final reading.
Vote: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 14 - ORDINANCE O-2009-2 - AUTHORIZING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE REPAIR OF AN EXISTING UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES TO EAST JEFFERSON COUNTY SANITATION DISTRICT ACROSS SLOANS LAKE GREENBELT BETWEEN FENTON STREET AND EATON STREET AT APPROXIMATELY WEST 18TH AVENUE, LAKEWOOD, COLORADO
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-2 on second and final reading.
Vote: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 15 - ORDINANCE O-2009-3 - AUTHORIZING AN EASEMENT AGREEMENT FOR NEW UNDERGOUND WATER LINE AND AN EXISTING UNDERGROUND WATER LINE AND RELATED FACILITIES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS BELMAR PARK AT TWO DIFFERENT LOCATIONS, LAKEWOOD, COLORADO
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-3 on second and final reading.
Vote: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 16 - ORDINANCE O-2009-4 - AUTHORIZING AN EASEMENT AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS SANDERSON GULCH GREENBELT, LAKEWOOD, COLORADO; FURTHER DECLARING AN EMERGENCY
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-4 on second and final reading. Councilman Quinn seconded the motion.
Vote: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 17 - ORDINANCE O-2009-5 - AMENDING SECTION 9.80.070 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SUMMARY ABATEMENT OF NUISANCES BY THE ADDITION OF A NEW SUBSECTION SETTING FORTH AN APPEAL PROCEDURE
Tim Cox, City Attorney, gave a brief presentation of the proposed ordinance amendment. In regards to abatements, the ordinance does not set forth clear procedures where a property owner can administratively appeal actions by the City in abating a nuisance.
Public Comments
Carole Tarpley, feels that the proposed ordinance amendment is just another way for the City to violate the unalienable rights of property owners, and the entire Section 9.80.070 of the Municipal Code should be abolished, and the only time any abatement should be considered is when it involves public property.
There were no additional comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-5 on second and final reading.
Discussion ensued regarding the language of the ordinance and the process used for abatement procedures.
Vote: 10 Ayes. 0 Nays Absent: 1 (Paul) The motion passed unanimously.
ITEM 18 - ORDINANCE O-2009-6 - AMENDING SECTIONS 1.27.020, 1.27.060 and 1.27.070 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE OFFICE OF EMERGENCY MANAGEMENT AND ADOPTING ADDITIONAL SECTIONS RELATING TO THE OFFICE OF EMERGENCY MANAGEMENT
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-6 on second and final reading.
Vote: 10 Ayes. 0 Nays. Absent: 1 (Paul) The motion passed unanimously.
ITEM 19 - ORDINANCE O-2009-7 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY REPEALING THE EXISTING ARTICLE 19, THE WEST COLFAX AVENUE OVERLAY DISTRICT, AND REPLACING IT WITH THE NEW ARTICLE 19, THE COLFAX MIXED USE (CMU) ZONE DISTRICT
Rob Smentana, Principal Planner, requested to enter into the record all associated materials, including staff report, case files, plans, reports, pictures, ordinances, comprehensive plans, Community Resources Master Plan, Denver Federal Center Comprehensive Plan amendment, all amendments, neighborhood and corridor plans, regarding Case OA-08-001. Additionally, he asked that City Council accept all materials presented at tonight's meeting and that said materials be included as part of the record. He noted that the language before the Council tonight is the outgrowth of the West Colfax Action Plan that included a broad range of action steps, was adopted by the Planning Commission and City Council in late 2005 and geared towards the revitalization of Colfax. He said during the public hearing on November 19, 2008, the Planning Commission voted 6-0 to recommend to City Council approval of the CMU Zone District. He gave a PowerPoint presentation regarding the Colfax Mixed Use (CMU) Zone District. Said presentation included background on the district, the focus group involved, the three mixed-use sub-districts (neighborhood, community, and roadside). He noted that public open houses were conducted and property owner meetings were also held. No rezoning is proposed for tonight's meeting -- this is just preliminary maps/plan only for the creation of the zoned district. Tonight's request is for City Council to repeal the existing Article 19 of the Zoning Code and replace it with the new Article 19-the Colfax Mixed Use Zone District.
Public Comments- Ordinance O-2009-7
James Ramsey, 1 Coyote Lane, Littleton, CO 80127 said he owns multiple properties in the proposed Colfax Mixed Use Zone District and of the 12 allowable uses in the district; none are suitable for the buildings he owns. He noted that if the current tenants don't renew their leases for said property, now being considered legal non-conforming, it would be extremely hard to find new tenants in 180 days, and this would be devastating to him and his family.
David Shade, Real Estate Broker representing the owner of 5800 W. Colfax, said this property would also be non-conforming when the zoning changes, and the owner will not be able to convert it economically.
Barbara Barry, Applewood Valley Association, P.O. Box 25, Golden, CO 80402, asked that Council revisit the language of non-conforming uses and be more sensitive to a huge evolution like Colfax. She said many lives are affected by this large category zoning.
There were no additional public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-7 on second and final reading.
Discussion ensued and in regards to non-conforming concerns, additional language was added that allows, at the discretion of the Planning Director, extension of the 180-day period to property owners if there are issues in getting new tenants. It was also noted under the proposed ordinance that auto body use would become non-conforming, but the owner has the right to maintain that use in perpetuity as long as there is an operating business on that site. Also under the proposed ordinance, the owner would have the ability to expand said use up to 30% without any adverse impacts.
Vote: 9 Ayes. 1 Nay (Anderson) Absent: 1 (Paul) The motion passed.
ITEM 20 - GENERAL BUSINESS
No General Business discussed at tonight's meeting.
ITEM 21 - REPORTS
Mayor and City Council members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 22 - ADJOURNMENT
There being no further business to come before the City Council, Mayor Murphy adjourned the meeting at 9:54 p.m.
Submitted by:
Margy Greer, City Clerk
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