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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M., June 22, 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 4 – PRESENTATION – RAY ROSS AND COYOTE GULCH PARKS
Kathy Hodgson, Director of Community Resources, gave an update on the two newest improved parks – Ray Ross and Coyote Gulch. She noted that improvement of these parks created new jobs and gave way to extensive collaborations with numerous partners. The presentation also included photos of the parks and listed the funding partners. Both projects were under budget and should be completed and ready for ball playing in Spring 2010.
ITEM 5 – RESOLUTION 2009-31 – APPOINTING A MEMBER TO THE LAKEWOOD PLANNING COMMISSION
A motion was made by Councilwoman King and seconded by Councilman Quinn, appointing Alice Nightengale-Luhan to the Planning Commission as an At-Large Member (Ward 4).
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 6 – RESOLUTION 2009-33 – APPOINTING A MEMBER TO THE CITY OF LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman King and seconded by Councilman Quinn, appointing Mike Olson as a member of the Lakewood Advisory Commission for an Inclusive Community.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 7 – PUBLIC COMMENT
James Mace, Ward 1, spoke about jaywalking concerns and he would like a response from the Police Chief in this regard.
Brent Hesterwerth, Ward 4, wanted to know when the weeds will be mowed near his home and when light rail services will be available at the Federal Center.
Brian Wareing, Ward 4, noted that at the last regular City Council meeting, he and Carole Tarpley asked that a response be given by June 22, 2009 to the question they asked and if no response was given by this date, they (Wareing and Tarpley) would rightly assume that City Council acknowledges it is guilty of treason and the crimes involved with the invasion of Ms. Tarpley’s home. They still await an answer as to how City Code trumps the Constitution.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, said he enjoyed attending the Juneteenth Festival in Denver and encouraged Lakewood to follow this example to get ideas for Lakewood on Parade, especially activities for the children. He extended thanks to all.
Joe Margotte, said Elks Lodge #1777 in Ward 2, will host its 60th Anniversary on July 18, 2009 from 11:00 a.m. to 11:00 p.m. It’s open to the public and he extended an invitation to all residents in Lakewood.
Natalie Menton, Ward 5, asked for public records and public response as to the dollar amount the City of Lakewood is paying to the Transit Alliance Group (past and current, dues and or any other payments). She, too, wants to know the answer to the question raised by Mr. Wareing—which takes priority-does City code trump the State Constitution or the U.S. Constitution?
Public comments were closed.
Mayor Murphy said he has had several conversations with Mr. Mace regarding his (Mace) concern about jaywalking and during said conversations, they were in agreement to go forward which includes some public assessment and public service announcements that should be done around the time school opens in August. Also, it will be advertised in “Looking At Lakewood”.
Light rail services are scheduled to begin mid-year of 2013.
Tim Cox, City Attorney, said he’s had several conversations with Mr. Wareing and Ms. Tarpley regarding the question they asked – does City Code trump the U.S. Constitution or the State Constitution. The answer provided to them is that City Code does not trump the Constitution, and as noted by Mayor Murphy at the last meeting, there is nothing in the City Code that’s unconstitutional. The mechanisms and methods used in the City’s Code Enforcement process have been validated by the courts across the country and in Colorado. Actions taken by Code Enforcement Officers and the regulations under which they acted were constitutional.
Mayor Murphy added that Code Enforcement is a service utilized by citizens and it is constitutional.
In response to Mr. Mace’s concern, Councilman Peterson noted that more likely than not he has driven past 1295 S. Reed and he would be more than happy to meet Mr. Mace at that location if there’s something in particular that he (Mace) wants him (Peterson) to see.
Mike Rock commented on the jaywalking concern and noted that this is not a violation that merits immediate police action. The first approach to enforcement if one is caught, they are educated as to the violation itself.
He also noted that a response to Ms. Menton’s question regarding amounts to the transit authority, answers will be provided at the next public hearing so that persons listening via television will hear them as well.
Consent Agenda Items 8 - 18 were read into the Record by the City Clerk.
ITEM 8 – RESOLUTION 2009-28 – Authorizing the eXECUTION OF an intergovernmental agreement for the provision of grant management and financial allocation under the requirements of the Recovery Act: Edward Byrne Memorial Justice Assistance Grant 2009, with the County of Jefferson, the City of Arvada, THE City of Edgewater, THE City of Golden, and the City of Wheat Ridge
ITEM 9 – RESOLUTION 2009-29 – Supporting PROPOSED FEDERAL LEGISLATION S 757 AND HR 1828 – THE “CHARLIE WOLF NUCLEAR WORKERS COMPENSATION ACT”
ITEM 10 – RESOLUTION 2009-30 – AUTHORIZING THE EXECUTION OF THE URBAN AREA SECURITY INITIATIVE (UASI) INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY AND COUNTY OF DENVER
ITEM 11 – RESOLUTION 2009-32 – FOR THE APPROVAL OF THE NORTH WADSWORTH BOULEVARD CORRIDOR PLAN AS AN AMENDMENT TO THE LAKEWOOD COMPREHENSIVE PLAN
Rich Urbanowski, Chairman, Planning Commission, spoke briefly about the North Wadsworth Corridor Plan.
Alexis Moore, Associate Planner, gave a presentation highlighting the key components of the plan. She noted that the plan was done because of recent land use changes along the Wadsworth corridor in the last 10 years. The plan is an amendment to the Lakewood Comprehensive Plan of 1997 – it is not a roadway design document. There was extensive public input, and she extended thanks to all involved.
Public Comments
Mary Bindner, 2669 S. Wadsworth Circle, Lakewood, CO, commented that the Committee for doing a great job.
Randy Little, Lakewood, CO, noted that Fran Yehle was present to comment on the plan, but she had to leave.
Mrs. Neely will be contacted by Staff.
There were no additional public comments.
ITEM 12 – ORDINANCE O-2009-27 – TO REZONE LAND LOCATED AT 280 SOUTH YARROW STREET CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 13 – ORDINANCE O-2009-28 – TO MODIFY THE RED ROCKS BUSINESS PARK OFFICIAL DEVELOPMENT PLAN (ODP) FOR LAND LOCATED AT 2301 SOUTH MCINTYRE STREET, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, TO FORM THE SOLTERRA CENTRE ODP
ITEM 14 – ORDINANCE O-2009-29 – TO MODIFY THE LAKEWOOD WEST OFFICIAL DEVELOPMENT PLAN (ODP) FOR LAND LOCATED AT 2301 SOUTH MCINTYRE STREET, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 15 – ORDINANCE O-2009-30 – ESTABLISHING VESTED RIGHTS BY APPROVING A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING A DEVELOPMENT AGREEMENT, PURSUANT TO ARTICLE 18 OF THE LAKEWOOD ZONING ORDINANCE FOR THE PROPERTY KNOWN AS THE SOLTERRA CENTRE OFFICIAL DEVELOPMENT PLAN (ODP), LOCATED AT 2301 SOUTH MCINTYRE STREET, AN AREA GENERALLY DESCRIBED AS A PART OF SECTION 25 & 26, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 16 – ORDINANCE O-2009-31 – TO MODIFY THE MEADOW CREEK OFFICIAL DEVELOPMENT PLAN (ODP) FOR LAND LOCATED AT 6305 WEST 6TH AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Joe Margotte, Lakewood, had a concern about the address listed. He wanted clarification that 6305 West 6th Avenue is a legal Lakewood address.
Mayor Murphy said yes, it is the address for the Meadow Creek Club in Lakewood.
ITEM 17 – ORDINANCE O-2009-32 – AMENDING ARTICLE 17-16 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE EFFECTS OF ACQUISITIONS FOR, OR CONSTRUCTION OF, PUBLIC PROJECTS; FURTHER DECLARING AN EMERGENCY
ITEM 18 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Planning Commission Meeting, May 20, 2009
Mayor Murphy asked for additional comments.
Some discussion noted that during Second Reading at the next City Council meeting, an additional legal opinion will be presented as well as information from an appraiser regarding Item 17.
Councilman Paul said Item 9 was brought to Council’s attention by Councilwoman Stack. This proposed resolution is to support our State delegation in Washington, D.C. in recognizing these heroes and in supporting their families for the work they’ve done in providing services to our country.
City Council members were in support.
Councilman Quinn commended all those involved with the great work done on the North Wadsworth Corridor Plan.
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: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 19 – ORDINANCE O-2009-21 – AMENDING CHAPTER 2.53 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE
Public Comments
Thomas Randle, 12849 W. Dakota Place, Lakewood, CO, had concerns about O-2009-21 Section 1-B. He feels that passage of this ordinance would promote Council campaigns to rely on support from partisan groups, lobbyists and groups not within Lakewood.
Karen Harrison, Chairperson, Advisory Committee for an Inclusive Community (ACIC), said a lot of research was done by the Business Committee of ACIC and they found that there was a wide range of contribution limits or no limits at all. The Committee feels if there are transparency and audit reports in what contributions were given, it takes away the question of where the contribution money came from. They felt it was more important to know where finance contributions come from rather than putting a cap/limit on funds.
Mayor Murphy said this proposed ordinance is an attempt to codify what has not been codified in the past, in that we’ve not had an ordinance that directly address campaign finances and, as a result, we’ve followed State guidelines. Wording of the ordinance simply says that the City of Lakewood shall follow provisions of the Colorado State Constitution and Colorado Revised Statutes in all matters of campaign finances.
Council discussion ensued and Mike Rock noted that this ordinance is not changing anything – it is only codifying what the City of Lakewood has always been doing regarding campaign finances.
Council extended “thanks” to Ms. Harrison and ACIC for their work on this ordinance.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-21 on second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 20 – ORDINANCE O-2009-22 – REPEALING AND RE-ENACTING TITLE 16 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SUBDIVISION
Tim Gelston, Development Review Manager, gave a presentation regarding improvements to the subdivision documents. He asked that Planning Commission Case Number PL-08-004, Staff Report, Subdivision Ordinance, Zoning Ordinance Document, the Comprehensive Plan and all amendments and all testimonies and evidence presented at this meeting be submitted as part of the record. He gave the definition of a subdivision as being a legal division of property—it is not zoning (how land is used or where structures can be located, site plan, or how land uses look, aesthetics/characteristics). Public Outreach efforts were done and an overview of the process was presented.
Rich Urbanowski, Chair, Planning Commission, continued the presentation and noted that much of the feedback came from surveys and the results have been incorporated in the subdivision re-write. An important change noted from input was to make subdivision notices available sooner so that residents can incorporate comments throughout the review period and before the request is considered “a done deal”. He noted that the appeals process has been improved, preliminary plats can be waived, and if there are no adverse effects, the Director can vacate easements. He explained that these improvements to the subdivision document will make it more user-friendly.
Charlie Able, Lakewood, had concerns that a nine-acre lot can become 27 lots through a series of subdivisions and re-subdivisions without real public process. He also has concerns about the language of the Charter regarding Article 9.1b. He feels the Charter Commission wanted the Planning Commission to review each subdivision request. City Hall disagrees with his interpretation of the Charter. He asked if the City Attorney reviewed the record of minutes/tapes verifying the wishes of the Charter Commission, or does the City Attorney believe the loose language of the Charter is enough to accommodate his (Attorney’s) opinion?
Tim Cox said there was not a review of the record of minutes of the Charter Commission meetings. However, in going back to the adoption of the Charter, Staff reads the language of Article 9.1b as being broad and not specifically requiring review of every subdivision case. It has not been the practice for many years for the Planning Commission to review every subdivision case of every variety. Staff is not aware of any such information in the minutes, but is willing to consider them. He noted that in light of the City’s long practice of not having the Planning Commission review every subdivision case, it would not be a productive use of time to review all the materials involved.
Mayor Murphy said the previous City Attorney had the same opinion, especially with requests that were less than 10 lots.
Councilman Anderson feels the Charter is specific in that it uses the word “shall” which indicates a command or that it’s mandatory. He noted that Community Planning Director is not mentioned in 16.2-1(d). He feels we need to respect the Charter and if we want to change it, he suggests giving it to the citizens by putting it on the November ballot.
Mike Rock noted that the Planning Commission is doing what the Charter envisioned it would do, and that is to make recommendations on how to handle and process land use applications. The Charter is not that specific in the operations of the other departments, and therefore, does not reference a Community Planning Director or other directors. The Planning Commission is fine tuning the process, it is consistent with the language in the Charter and it does not merit an election.
Discussion continued.
Tim Cox said the issue is not the word “shall” but what is mandated by the Charter which says ‘shall review and make recommendations of land use matters’—not “shall” review each application/case. It is his legal interpretation to say that it is not mandated that every case be reviewed by the Planning Commission, and to his knowledge this is the first time there has been any concern about the administrative approval of certain types of subdivision requests.
Councilwoman Stack wanted to know how much, if any, is Council being deleted from the process.
Commissioner Urbanowski said Council is still the review body.
Tim Gelston noted that major subdivision requests go to the Planning Commission for approval. If the decision rendered is appealed, it will go to City Council for review for 10 or more residential lots. This is consistent with the existing code and will also be in the new code.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-22 on second and final reading.
Vote: Ayes: 9 Nays: 2 (Anderson and Stack) The motion passed.
ITEM 21 – ORDINANCE O-2009-23 – AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF LAKEWOOD TO CLEAR TITLE FOR THE RIGHT-OF-WAY FOR WEST ALAMEDA AVENUE BETWEEN SHERIDAN BOULEVARD WESTERLY THROUGH THE CITY OF LAKEWOOD TO THE SOUTHERLY EXTENDED WESTERLY RIGHT-OF-WAY LINE OF ROONEY ROAD ON THE WEST SIDE OF HIGHWAY C-470, AND THE CONVEYANCE OF THREE PARCELS OF LAND FOR PARK AND OPEN SPACE PURPOSES TO THE CITY OF LAKEWOOD, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-23 on second and final reading.
Margy Greer, City Clerk, clarified that this is a revised ordinance.
Councilman Anderson noted that purchase of this land from Denver to Lakewood is for open space/park purposes.
Tim Cox agreed and added that a Quit Claim Deed conveys whatever the seller has. A Bargain Sale Deed also conveys whatever the seller has in addition to conveying any after acquired interest.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 22 – ORDINANCE O-2009-24 – ACCEPTING A QUITCLAIM DEED FOR PUBLIC STREET PURPOSES FROM THE CITY AND COUNTY OF DENVER TO THE CITY OF LAKEWOOD TO CLEAR TITLE TO THE WEST ALAMEDA AVENUE RIGHT-OF-WAY FROM THE CITY OF LAKEWOOD CITY LIMITS LOCATED IN THE SOUTH SHERIDAN BOULEVARD RIGHT-OF-WAY WESTERLY TO THE SOUTHERLY EXTENDED WESTERLY RIGHT-OF-WAY LINE OF ROONEY ROAD ON THE WEST SIDE OF STATE HIGHWAY C-470, FURTHER ACCEPTING A BARGAIN AND SALE DEED FROM THE CITY AND COUNTY OF DENVER TO THE CITY OF LAKEWOOD FOR THREE PARCELS OF LAND FOR PARK AND OPEN SPACE PURPOSES LOCATED WITHIN THE CITY LIMITS OF THE CITY OF LAKEWOOD, AND FURTHER DECLARING AN EMERGENCY
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-24 on second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 23 – ORDINANCE O-2009-25 – AUTHORIZING A PERMANENT EASEMENT TO THE WEST METRO FIRE PROTECTION DISTRICT FOR A PRIVATE UNDERGROUND STORM WATER FACILITY AND RELATED APPURTENANCES ACROSS JEWELL PARK AT 1850 SOUTH GARRISON, LAKEWOOD, COLORADO
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-25 on second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 24 – ORDINANCE O-2009-26 – REPEALING CHAPTER 17-20 OF THE LAKEWOOD MUNICIPAL CODE TITLED ARTICLE 20: ROONEY VALLEY OVERLAY DISTRICT DEVELOPMENT STANDARDS
Kara Mueller, Associate Planner, asked that Zoning Ordinance, Comprehensive Plan and all of its amendments, Zoning Case File OA-09-001, Intergovernmental Agreement (IGA) for Rooney Valley of May 2000, Joint Rooney Valley Master Plan, Joint Rooney Valley Revised Standards, all amendments, and all testimonies be entered into the record in regards to Article 20: Rooney Valley Overlay District Development Standards Code. She gave a detailed presentation of the new Joint Rooney Valley Standards that were adopted
on March 10, 2009, and highlighted the history of Rooney Valley Planning Documents. She pointed out that Article 20 currently provides development standards for Lakewood properties within the Rooney Valley Master Plan area. Additionally, Article 20 overlaps the new and different Joint Rooney Valley Development Standards for the IGA area. Therefore, Article 20 is no longer needed and should be repealed. Thus, the recommendation is that City Council grant approval of Case No. OA-09-001 as recommended by the Planning Commission to repeal Article 20: Rooney Valley Overlay District Development Standards.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-26 on second and final reading.
Discussion ensued and Councilman Peterson wanted to know if there was a need to tie Case OA-09-001 to the ordinance for future reference.
Tim Cox said there is no legal requirement, but as a matter of convenience, it could be done. The motion could include that a ‘whereas’ clause be added to the ordinance.
Mike Rock said doing so would not require another publication or delay.
Councilman Peterson asked that the ‘whereas’ clause be included to reference Case OA-09-001.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 25 – GENERAL BUSINESS
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to hold two special meetings for City Council – 7:00 a.m., Saturday, June 27, 2009 and 5:30 p.m., Monday, June 29, 2009. Both meetings will be held at 480 South Allison Parkway . The purpose of these meetings is to discuss personnel matters relating to the City Manager position.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 26 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 27– ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 9:20 p.m.
Submitted by:
Margy Greer, City Clerk
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