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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M. February 23, 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
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
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 3A -- SPECIAL PRESENTATION BY THE AMERICAN PUBLIC WORKS
ASSOCIATION (APWA) COLORADO CHAPTER
Able Mareno, President of the Colorado Chapter of APWA, presented Ron Wagoner, Maintenance Supervisor for the City Of Lakewood, the Public Works Worker of the Year Award.
ITEM 4 – PUBLIC COMMENTS
Newt Vaughn, 5663 W. Hawaii Drive, Lakewood, CO, commented about the education system in Jefferson County, particularly disciplinary measures and the need for parents to get more involved.
Steve Donner, 333 S. Pierce Street, Lakewood, CO, said citizens of Lakewood are not satisfied with what’s happening in city government. He asked about the City’s budget changes and who is responsible for them. He said elected officials should do the job they were hired to do. They are not representing the citizens fairly.
Carole Tarpley, 333 S. Pierce Street, Lakewood, CO, said some city employees constantly ignore, trample, and violate citizens’ unalienable rights. She still has questions that have gone unanswered regarding the invasion of her property.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, spoke about water damage done to homes on 13th Avenue. Consolidated Mutual said they would help the residents, and he asked Council to remind Consolidated to keep their word.
Philip Carter, 151 Orchard Street, Lakewood, CO, said what happened to Carole Tarpley and her property is criminal, and the City of Lakewood needs to step up and do the right thing. He feels that what’s on a person’s personal property, if it’s not doing any harm to anyone, is no business of the City or anyone else.
Dave Wiechman, 722 S. Beech Street, Lakewood, CO, wanted to share good news with the public by inviting them to participate in the Belmar Optimist Club’s annual fish fry to be held at Sunrise-Sunset Restaurant beginning this Friday and will continue for the next six Fridays. Proceeds from the fundraiser will be donated to the extra-curricular program at Alameda High School. He also noted that on April 1, 2009 the Alameda West Kiwanis Club will host their Extraordinary-Ordinary Breakfast, and on April 28, 2009 is the Good News Celebration.
Brian Wareing, Applewood, CO, spoke about City of Lakewood’s budget.
Dave Johnson, Corporate Safety Director, ESA, said in regards to the recent activity at the Denver Federal Center, he wanted to ensure City of Lakewood residents that the community is safe and that all safety procedures at the Denver Federal Center are being adhered to by the contractor.
Dave Walker, Environmental Protection Specialist, stated that the soil cleanup at the Denver Federal Center (DFC) is being conducted in a safe manner. He noted that the U.S. General Services Administration (GSA) is required by the Colorado Department of Public Health and Environment to investigate and clean up environmental contamination at the DFC. He said a flyer has been circulated in the neighborhood that City Council meetings are the forum for citizens to voice their concerns about possible contamination at the site. He wanted to make known that there is asbestos contaminated material in the debris surrounding the project and it is part of the structures that were built in the 1940’s. Asbestos contaminated materials are also in the soil surrounding said debris. The U.S. Department of Health is overseeing the project in accordance with approved plans. He described precautions that are being done to protect human health and the environment. He asked that any public comments/concerns be addressed to the State Health Department. He gave the names and numbers of contact persons.
Public comments were closed.
Mayor Murphy asked for an update on the cleanup site at 13th and Allison.
Jay Hutchison, Public Works Director, said he did not have an update. However, in his last contact with Consolidated Mutual, they agreed to get things restored for all homeowners in the area. He will get an update for Council.
CONSENT AGENDA
Consent Agenda Items 5 - 7 were read into the Record by the City Clerk.
ITEM 5 – ORDINANCE O-2009-12 – APPROVING AND AUTHORIZING A LEASE/PURCHASE AGREEMENT FOR GOLF CARTS FOR USE AT THE HOMESTEAD GOLF COURSE
ITEM 6 – ORDINANCE O-2009-13 – AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT FOR A WATER LINE AND RELATED APPURTENANCES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS OUTLOT C, LAKEWOOD ESTATES FILING NO. 2 AT APPROXIMATELY WEST ADRIATIC PLACE AND SOUTH LAKE ROAD, LAKEWOOD, COLORADO
ITEM 7 – APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting February 9, 2009
Regular City Council Meeting February 9, 2009
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to approve Council minutes, 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, all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 8 – ORDINANCE O-2009-10 – REPEALING CHAPTER 2.03 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PERSONAL FINANCIAL DISCLOSURE STATEMENTS OF CANDIDATES AND ELECTED OFFICIALS
Public Comments:
Jenny Flanagan, Director of Colorado Common Cause, said she is opposed to having Chapter 2.03 of this ordinance repealed. As a citizen of Lakewood and a member of this non-partisan/non-profit organization who works to have open, honest, and accountable government participation, she feels the citizens should have the right to obtain certain financial information about those who seek elected offices. She opposes this because this would remove the current practice of the City of Lakewood where municipal candidates must disclose their sources of income, and she feels this information is relevant. Also, repealing this ordinance would undermine the openness and accountability of Lakewood elected officials.
Margy Greer, City Clerk, said State Statute specifically allows the filing of the Candidate Affidavit in lieu of the filing of the Personal Financial Disclosure Statement for municipal candidates. She added that our current ordinance still requires that the Personal Financial Disclosure Statement must be filed with the City Clerk’s Office. Repealing this ordinance would put the City of Lakewood in agreement with State Statute. Also, Candidates Contribution and Expenditures filings are still required by State Statute. This does away with personal financial disclosure and not campaign finance filings.
Public comments were closed.
Councilwoman Stack noted that the yearly forms are not required by State, however, the quarterly forms are still required.
Councilman Quinn agrees that it’s O.K. to disclose campaign contributions, but he feels it’s not necessary to disclose personal financial information.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to approve Ordinance O-2009-10 for second and final reading.
Vote: Ayes: 10 Nays: 1 (Allen) The motion passed.
ITEM 9 – ORDINANCE O-2009-11 – AMENDING SECTIONS 5.38.100, 5.40.060 AND 5.40.100 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO BACKGROUND INVESTIGATIONS OF MANAGERS OF LIQUOR AND FERMENTED MALT BEVERAGE LICENSED ESTABLISHMENTS
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to approve Ordinance O-2009-11 for second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 10 – ORDINANCE O-2009-8– TO REZONE LAND LOCATED AT 2100 YOUNGFIELD STREET CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO (This Ordinance/Public Hearing was continued from February 9, 2009)
Mayor Murphy asked for comments.
Margy Greer noted that a legal protest/petition was filed on February 6, 2009 and found to be sufficient. Passage of this ordinance would require a two-thirds majority or eight votes by Council in the affirmative.
Mayor Murphy read a written communiqué from Tim Cox, City Attorney, regarding this item that stated, in part, that this is a quasi-judicial case, which means all evidence relating to this request must be submitted to Council at the public hearing and that all members of Council must make a full disclosure, for the record at the hearing, of any exparte communication regarding this case, and it shall serve as disclosure on behalf of the entire City Council.
Mayor Murphy said he knows two people involved in this request. He served with them on committees in 2004, and this will not affect his ability to make a fair decision regarding this case.
Councilman Quinn said he and his wife belong to an organization that received donations from Tafolino’s Restaurant. They (Quinns) had no direct involvement of accepting said donations, and therefore, he will participate in the voting on this case.
Councilman Peterson said he has business relations with Jones Engineering Firm, but has not had any discussion regarding the merits of the case, and feels he can made a fair decision based on the facts presented.
Councilwoman Allen said approximately three and a half years ago, she received campaign contributions from Diedra Garcia, but she has not spoken with Mrs. Garcia since that time, and she (Allen) feels she can make an impartial decision regarding this case.
Tim Cox noted that conversations he’s had with Council members, their contacts did not “disqualify” any Council members from hearing/voting on this case. He gave a brief background summary of this case and reminded Council that this is a rezoning case and their primary role is to apply standards for rezoning approved for in Section 17.17.7 of the Municipal Code, which includes compatibility with surrounding area, does it enhance the site, is it consistent with goals of the Comprehensive Plan. He said because of written objectives, he urged Council members to stick to the facts challenged by the objectors and determine if the facts were correctly found.
Public Comments:
Diedra Garcia, DRG Construction Corporation, 5801 W. Alameda, Lakewood, CO, gave background information about the rezoning case, which is for a restaurant-not a bar, nor a night club nor sports bar. This request is for a family restaurant that will close at 10:00 p.m. She also described the plan for the property, and noted that the proposed business will supply tax revenue to the City. Additionally, she noted that changes to the plan were made based on concerns/feedback from neighbors.
Juan Tafoya, 16655 W. 2nd Street, Golden, CO, owner of Tafolino’s Restaurant, said he wants to own the property, which is approximately one block from his current location. He noted too that there are no plans to ever have a bar or sports bar at this location. He feels his restaurant would be an asset and not a detriment to the community.
Paul Rice, Senior Planner, Community Planning & Development, entered into the record zoning Case RZ-07004 and all of its associated materials, including zoning ordinance, subdivision request, the comprehensive plan and associated amendments. He said the Planning Commission approved this rezoning request on February 7, 2009. Staff was available to answer any questions.
Joni Inman, Director of the Mayor & City Manager’s Office, said in an effort to bring as much government to the people as possible, Planning Commission meetings were cable cast in 2008 as part of an experiment to see how viewership would be done. There was always the understanding that a review would be done at the end of the year to see if it would be continued. Thus, in November 2008, it was determined that a total of 133 views of any portion of a Planning Commission meeting were held during the entire year and a good number of these views were from City staff. Many of the views, citywide, were in the single digits, which is very low viewership for a city of 145,000 people. Thus a decision, based partially on resource allocation, was made to discontinue cable casting Planning Commission meetings. Notification to the public of this decision began in December 2008, and the Director of Community Planning and Development also made this known at the Planning Commission meetings. Notification was also done on the City’s website.
The following people spoke in opposition to the proposed rezoning:
Jan McQuade-Sturm, 13200 W. 15th Drive, Golden, CO
Marianne Ortiz, Tabor Street, Lakewood, CO
Joe Whelan, Applewood Drive, Lakewood, CO
Theresa Hendrickson, 13508 W. 23rd Street, Golden, CO
Rodger Evans, Ward 1, Lakewood, CO
Barbara Evans, Applewood Drive, Lakewood, CO
Susan Murray, Lakewood, CO
Lydia Creager, Lakewood, CO
Karen Kingman, 2155 Rosewood Drive, Lakewood, CO
Shirley Schneider, 2150 Myrtlewood Lane, Lakewood, CO
June Williams, Golden, CO
Denisha Marino, Lakewood, CO
Darlene Gollaway, Lakewood, CO
Gary Marino, Willow Lane, Lakewood, CO
Gary Thorson, Applewood, Drive, Lakewood, CO
Kathleen Estes, 2015 Applewood Drive, Lakewood, CO
Michelle Aranyos, 2180 Myrtlewood Lane, Lakewood, CO
Chuck Aranyos, 2180 Myrtlewood, Lane, Lakewood, CO
Willis Dutra-Silvers, 2105 Applewood Drive, Lakewood, CO
Charles Alexander, 2200 Willow Lane, Lakewood, CO
Jeri Hershovits, 2165 Rosewood Drive, Lakewood, CO
Mark Creager, 2030 Applewood Drive, Lakewood, CO
Doran Volzke, 1562 Youngfield, Lakewood, CO
Roland Pitts, 2005 Applewood Drive, Lakewood, CO
Kristin Borlin, 2120 Myrtlewood Lane, Lakewood, CO
Brent Hunt, 2380 Willow Lane, Lakewood, CO
Sam Guyton, 12345 W. 19th Place, Lakewood, CO
Susan Kitchen, 2145 Myrtlewood Lane, Lakewood, CO
Janan Jennifer Platt, 2135 Myrtlewood Lane, Lakewood, CO
Marleen Fish, 2110 Urban Drive, Lakewood, CO
Scott O’Donnell, Applewood Neighborhood, Lakewood, CO
Jurgen Denk, 2155 Myrtlewood Lane, Lakewood, CO
Barbara Barry, AVA President, Lakewood, CO – gave a PowerPoint presentation and voiced resident concerns in regards to the proposed rezoning.
Reasons for opposition include:
Some of the proposed findings-of-facts were not acceptable.
The Planning Commission did not address Applewood Valley Association’s long list of written objections.
Neighborhood comments on incompatibility were disregarded.
Applicant failed to give adequate notification to Applewood Valley residents of his plan.
The Planning Commission did not question economic problems on Youngfield despite neighbor testimony to the contrary.
Critical statements in the Planning Commission minutes were misconstrued.
Land use request is incompatible with surrounding residential area.
Based on the City’s metrics, there is no basis for a zoning change at this location.
Peak hours of operation for the proposed restaurant would be during the time most residents are at home.
Noise and light pollution would create problems for the residents.
Drainage problems would increase.
Real estate property values would decrease.
Negative impact of commercial traffic through a residential neighborhood.
There is no demand for a restaurant at this site.
Residents want to maintain a livable/viable neighborhood.
The following people spoke in support of the proposed rezoning:
Bob Brouillette, 1295, Urban Street, Lakewood, CO
Ed Smalley , 13300 Willow Lane, Golden, CO
Marie Crespas, 1695 Wolff, Denver, CO
Rick Bender, 2680 Youngfield, Applewood Business Association, Lakewood, CO
Ed Espinosa, 3285 Ingalls, Street, Wheat Ridge, CO
Terry Dikemoun, 11740 W. 30th Place, Lakewood, CO
Dan Levine, 11549 W. 27th Avenue, Lakewood, CO
Ron Kinsey, Wheat Ridge, CO
Rob Andrews, 136 S. Emerson Street, Lakewood, CO
Donald Douglas, 1900 Zinnia Street, Lakewood, CO
Darren Moreland, 13255 Winnfield Place, Golden, CO
Susan Susuras, 7220 W. 13th Avenue, Lakewood, CO
Skip Perry, 18226 W. 3rd Place, Golden, CO
Reasons for support include:
The proposed restaurant is an appropriate use of the vacant land.
The restaurant would enhance the neighborhood.
Jobs would be provided, thus helping the economic base.
The restaurant would eliminate the current “blight” at this location.
The restaurant is already there and would continue to be an asset to the neighborhood.
Public comments were closed.
Tim Cox said the Municipal Code provides for other interested parties, including the applicant, the opportunity to review transcripts of comments on any challenged facts.
There were no additional comments from the applicant or his representative.
As discussion ensued, City Council questioned whether the findings-of-facts in this case could include drainage/flooding, the detention pond on east side of property that discharges onto Applewood Drive, and traffic concerns. It was also noted that there is no current drainage master plan for the area.
Staff noted that the requirement for this property is to mitigate any issues on site. The applicant would not be required to “fix” any existing drainage problems within the neighborhood.
Fred Lance, Traffic Engineer, Lance Associates, prepared the traffic study for applicant, and in addressing access onto Myrtlewood, he noted that the site needs two points of access to satisfy emergency requirements. The main access is on Youngfield and it’s centered in the middle for ease of traffic. Myrtlewood is the secondary access and it is a good distance from the restaurant. It’s anticipated that most people would come in from the main access, and he was advised by Staff that there could not be a second access on Youngfield.
Jay Hutchison added that spacing of access points, particularly on busier streets, become important because accidents tend to follow access locations. The spacing that’s typically required on a collector street is 150 feet, and there is not enough room between Myrtlewood and Applewood to place two access points on Youngfield and still meet the criteria. That’s why the second access remained on Myrtlewood.
Discussion continued and included comments/suggestions about compatibility, zoning, land use, property values, screening, building aesthetics, landscaping, and neighborhood traffic. In an effort to avoid increased traffic into the neighborhood, a suggestion was made that for traffic leaving the restaurant on Myrtlewood would be allowed to make a left turn only. With proper signage and directional type driveway this could be done. Another suggestion was to screen mobile light sources so that lights are sloped upward instead of sloping downward. Said suggestions should be made apart of the final draft of the site plan.
Councilwoman Kellen feels the requested use for a restaurant on this site is not compatible with the surrounding uses and it does not promote the health, safety or welfare of the inhabitants.
Other Councilpersons agreed.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt the Planning Commission’s findings-of-facts, and to approve Ordinance O-2009-8 for second and final reading.
Voice Vote:
Ayes: 5 (Allen, Baroway, Murphy, King, Paul)
Nays: 6 (Anderson, Kellen, Koop, Peterson, Quinn, Stack)
Nay votes were because one or more ultimate standards in the Zoning Ordinance for rezoning have not been met, notwithstanding findings-of-fact. Specific reasons for denial: Anderson-failure to meet standards outlined in Section 17.17-7(b);
Kellen – failure to meet standards outlined in Section 17.17-7(a); Koop-failure to meet standards outlined in Section 17.17-7(a) and (b); Peterson-failure to meet standards outlined in Section 17.17-7(a);
Quinn-failure to meet standards outlined in Section 17.17-7(b); Stack-failure to meet standards outlined in Section 17.17-7(b).
The motion failed.
ITEM 11 – GENERAL BUSINESS
No General Business was presented at today’s meeting.
ITEM 12 – REPORTS
No Reports were presented at today’s meeting.
ITEM 13 – ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 1:56 a.m.
Submitted by:
Margy Greer, City Clerk
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