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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M May 11, 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
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
Absent: Debbie Koop
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 - MENTAL HEALTH MONTH
Mayor Murphy presented a proclamation to Mary Thornton, Jefferson Center for the Mental Health, recognizing May 2009 as Mental Health Month in the City of Lakewood.
ITEM 5 –PROCLAMATION – OLDER AMERICANS MONTH
Mayor Murphy presented a proclamation to Edie Ritchey, Coordinator for Lakewood’s Older Adult Program at Clements Center, recognizing May 2009 as Older Americans Month.
ITEM 6 – PRESENTATION – LAKEWOOD HIGH SCHOOL 2008/2009 YEAR BOOK
Margy Greer, City Clerk, said this item was pulled from the agenda.
ITEM 7 – RESOLUTION 2009-22 – REAPPOINTING SANDRA BOSTER TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to reappoint Sandra Boster to the Board of Directors of the Metro Wastewater Reclamation District for a two-year term expiring June 30, 2011.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Koop) The motion passed unanimously.
ITEM 8 – PUBLIC COMMENT
Amy Croft, 2565 Hoyt Street, Lakewood, CO spoke about Senior Living Options, a free referral and consulting company, that helps people find services in health care and housing.
James Mace, Ward 1, Lakewood, CO, spoke about unlicensed drivers and the penalties that should be imposed. He also announced that he will run for City Council Ward 1 representative in the upcoming November 2009 election.
Tina and Dean Gallegos, 7551 W. Alabama Drive, Lakewood, CO, said their main concern is in regards to having a lien placed on their home if they don’t paint/repair a City fence that separates them from O’Connell Middle School. They want to work with the City to get this resolved.
Mayor Murphy said Staff will get with them on tomorrow.
David Johnson, 701 Harlan Street Apt. E20, Lakewood, CO 80214, spoke about barricades at Ingalls and 7th Avenue. He feels that the City should do something about them. He also said there’s an abandoned car without a license plate at 755 Harlan Street. This blight needs to be dealt with as soon as possible.
Mayor Murphy said Public Works and Code Enforcement will look into this.
Christine Vinson, 1300 Brentwood Street, Lakewood, CO, said she lives near the future light rail tracks and would like to see a process that’s fair to property owners who have to transition through the construction period. There are partial acquisitions on her property by light rail.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, spoke about saving trees. He asked U S Bank to help Flex Gym. Additionally, he feels that dog walkers should clean up after their pets, and that RTD should not take property from Lakewood citizens without paying them. He mentioned the crosswalks for citizens and that Carole Tarpley has rights.
Randy Little, 10590 W. Dakota. Lakewood, CO, spoke about his visit to the Federal Center-Phase II. Also, he extended “thanks” to Green Mountain Water for their timely sewer cleanup in front of his home.
Nina Rockley, 8555 W. Colfax, Lakewood, CO, spoke briefly about the Colfax Marathon that’s scheduled for May 17, 2009. Many activities are planned and she encouraged all to come out.
Public comments were closed.
Tim Cox, City Attorney, stated that there are regulations in our zoning code that address properties taken for public use, resulting in a partial taking, which means the lot no longer meets lot size or a setback cannot be met. It provides a more streamlined process than normal for obtaining a variance. He gave an example by noting that currently, if taking of property causes a variance of no greater than 20% in one or more numerical requirements in setback distance or lot size, then the use is automatically considered a legal conforming use and a permanent variance is granted from the Board of Adjustments. If it is more than 20%, the property owner would have to go before the Board of Adjustments and standards have to be addressed/demonstrated, by the Board that shows it would not create a hazardous situation, or be otherwise unreasonable. A legal non-conforming can be established. He added that we are working with the Planning Department to lessen those standards and to come up with a process to help owners like Mrs. Vinson make this an easier process. It’s anticipated that this will be done within two weeks for Council’s review.
Mike Rock, City Manager, said Staff will take a look at the fence mentioned by Mrs. Gallegos to see if it is a City fence, which hopefully will help manage the graffiti problem.
CONSENT AGENDA
Consent Agenda Items 9 - 14 were read into the Record by the City Clerk.
ITEM 9– RESOLUTION 2009-19 – AUTHORIZING SIGNATURE OF A REVOCABLE LICENSE AGREEMENT FOR AN IRRIGATION PIPE AND RELATED APPURTENANCES WITH JOAN C. YOUNG, DAVID R. YOUNG, EDWARD GILLCREST, AND ANNETTE L. GILLCREST FOR PORTIONS OF WEST MISSISSIPPI AVENUE AND SOUTH BALSAM STREET
ITEM 10– RESOLUTION 2009-20 – AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND RE-CONSTRUCTION OF FOUR TRAFFIC SIGNALS AT THE FOLLOWING INTERSECTIONS: ALAMEDA AVENUE/DEPEW STREET, EXPOSITION AVENUE/KIPLING PARKWAY, MISSISSIPPI AVENUE/KIPLING PARKWAY, AND ALAMEDA AVENUE/HARLAN STREET, AND FOR THE DESIGN AND CONSTRUCTION OF AN EASTBOUND LEFT-TURN LANE AT HAMPDEN AVENUE (US285)/KIPLING STREET, AND FOR THE DESIGN AND CONSTRUCTION OF MEDIANS ON WADSWORTH BOULEVARD AT 9TH AND 13TH AVENUES
ITEM 11 – RESOLUTION 2009-21 – AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE REGIONAL TRANSPORTATION DISTRICT (RTD) FOR THE DEVELOPMENT OF THE FEDERAL CENTER-UNION CORRIDOR CONNECTIVITY PLAN
ITEM 12 – ORDINANCE O-2009-20 – DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF STREET IMPROVEMENTS, TRAFFIC SIGNALS AND SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF WEST COLFAX AVENUE AND KIPLING STREET FOR THE WEST COLFAX AVENUE (US-40) AT KIPLING STREET (SH-391) INTERSECTION IMPROVEMENT PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AUTHORIZATION TO CONVEY THE FEE SIMPLE PARCELS ACQUIRED ON THIS PROJECT ADJACENT TO STATE RIGHT-OF WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 13 – APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting, April 13, 2009
ITEM 14 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Liquor and Fermented Malt Beverage Licensing Authority Meeting, April 9, 2009
Mayor Murphy asked for comments.
There were no public comments.
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 Denver Post 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 (Koop)
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 15 – ORDINANCE O-2009-19 – REZONING PARCELS OF LAND LOCATED WITHIN THE COLFAX LAKEWOOD REINVESTMENT AUTHORITY BOUNDARIES, EXCEPT THOSE CURRENTLY ZONED TRANSIT MIXED USE, THROUGH A LEGISLATIVE RE-ZONING FROM THE PARCELS’ CURRENT ZONE DISTRICT CLASSIFICATIONS TO THE COLFAX MIXED USE (CMU) ZONE DISTRICT
Rob Smetana, Principal Planner, asked that CASE RZ-09-001, including all documents related to this Lakewood Zoning Comprehensive Plan and all amendments and all materials presented this evening be entered as part of the record for this request.
He gave a brief background/history of the Colfax Mixed Use Legislative Rezoning that was adopted by City Council as part of the Comprehensive Plan. He asked that Council approve this request.
Public Comments
The following people spoke in support of the proposed ordinance:
Nina Rockley, 8555 W. Colfax, Lakewood, CO
Dave Rothenburger, 1310 Garrison Street, Lakewood, CO
Paul Ditson, 1305 Garrison Street, Lakewood, CO
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-19 on second and final reading.
Vote: Ayes: 9 Nays: 1 (Anderson) Absent: 1 (Koop)
Council members were supportive of the request and appreciated the hard work committed to the project by staff and others.
ITEM 16 – GENERAL BUSINESS
None.
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 8:32 p.m.
Submitted by:
Margy Greer, City Clerk
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