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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M July 13, 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.
Mayor Murphy spoke briefly about the death of Agent Mike Monn. He asked that we keep Agent Monn’s family in our prayers.
He also announced that Kathy Hodgson is Lakewood’s new City Manager.
ITEM 4 – PUBLIC COMMENT
James Mace, Ward 1, asked about the ordinance regarding fireworks in Lakewood. He wanted to know how old is the ordinance, and when will City Council revisit it. Additionally, he feels he’s being harassed by the Police Department (seemingly for no reason) and wants to know why Police Chief Paletta has not responded to his request.
Councilman Peterson said he appreciates James Mace bringing to his attention the cross walk situation in Ward 3. A service request has been submitted to the Public Works Department for their review and consideration.
Sandy Mayben, 5251 W. Iliff Drive, Lakewood, CO, spoke about the 8th Annual Fundraiser for Second Wind Fund’s Prevention of Teen Suicide. The organization was formed in 2002 and has provided therapy by licensed therapists to students who do not have access to mental health services. Referrals come from all levels of school age children
Anna Martinez Barnie, 11814 Elkhead Rand Road, Lakewood, CO, announced the Second Wind Fund’s upcoming event scheduled for September 20, 2009 at the Jefferson County Fairgrounds.
John Prieto, representing the St. Bernard’s Club, spoke in support of the request to amend the current R-2 zoning ordinance regarding pet hobby license. He distributed a handout to Council members.
Carole Tarpley, Lakewood, CO, presented a claim against the City of Lakewood to the City Council.
Robert McCarville, Arvada, CO, spoke about the salary of the new City Manager. He feels the salary is too much and that there are qualified candidates who are willing to work for one-half of the salary paid to the outgoing City Manager.
Dorothy Wisecarver, 8655 Meadow Lark Drive, Lakewood, CO, gave a brief history of how in the late 70’s a bond proposal was placed on the ballet to build a City Hall. The voters turned down the proposal to build a City Hall and instead of putting the issue back on the ballot for citizen participation, City Hall ignored the “no” vote from citizens and created the Lakewood Building Authority. She also noted that on October 15, 1981 a lawsuit was filed against the City and ultimately the Colorado Supreme Court ruled in favor of the City of Lakewood having the right to build a City Hall. She feels that it’s important to retell the history “warts and all” because if we don’t pay attention to our history, we’re bound to repeat it.
The following persons spoke in support of strengthening the smoking ordinance.
Merry Hansen, 1385 Holland St, Lakewood, CO
David Jensen, 867 S. Everett, Lakewood, CO
Yaa Asuri, Lakewood, CO
Walter Young, Golden CO
Reasons for comments include:
* They want City Council to reconsider and strengthen Colorado Clean Indoor Air Act.
* They feel the current ordinance does not go far enough with enforcement and there are too many loopholes.
* The feel the ordinance should protect citizens from second hand smoke.
Mayor Murphy clarified that the Youth Assessment Subcommittee of the ACIC will address this issue.
Tim Cox, City Attorney, said Council will look at codifying the Colorado Clean Indoor Air Act at the next Study Session.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, wanted to know why the Water Department has not reimbursed him for water damage to his home. He extended “thanks” for the fireworks display. He encouraged businesses on Colfax to reduce the rent so that the buildings can be occupied. He said RTD is not to be trusted. He also mentioned that members of Lakewood High School’s Class of 1969 should contact him in regards to their 40th Year Reunion.
Mayor Murphy noted that at a previous meeting, Natalie Menton asked about the amount of money, if any, that’s paid to the Transit Authority by the City of Lakewood. In response to her request, he noted that $8,000 is paid for annual membership dues.
Randy Little, 10590 W. Dakota, Lakewood, CO said he enjoyed the fireworks display and hopes it will be continued. He encouraged businesses in Lakewood to contribute to such events.
Mike Mueller, Ward 4, Lakewood, CO, said the best present the City of Lakewood has received is the retirement of Mike Rock, and that things are changing for the better because he feels the new City Manager will be a better one.
Odell Orr, extended “Congratulations” to Mike Rock for his 17 years to service to the City and citizens of Lakewood.
Joe Margotte, Lakewood, CO, extended thanks to Councilman Quinn for allowing him to participate in the ceremonial reading of the Declaration of Independence during the July 4 celebration. He also extended thanks and best wishes to Mike Rock. He reminded all that the Lakewood Elks will celebrate their 60th anniversary on July 18, 2009 from 11:00 a.m. to 11:00 p.m. The event is open to the public.
Public Comments was closed.
Mayor Murphy noted that negotiations are still underway regarding salary for the new City Manager. Pending the status of negotiations, this information will be a part of the public record by July 24, 2009, including salary.
Consent Agenda Items 5 - 10 were read into the Record by the City Clerk.
ITEM 5 – RESOLUTION 2009-34 – CORRECTING THE TERM OF SERVICE OF THREE OF THE MEMBERS OF THE ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
ITEM 6 – RESOLUTION 2009-35 – APPROVING PARTICIPATION BY THE CITY OF LAKEWOOD IN A COORDINATED ELECTION TO BE CONDUCTED BY THE JEFFERSON COUNTY CLERK AND RECORDER ON NOVEMBER 3, 2009
ITEM 7 – ORDINANCE O-2009-33 – DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS ALONG THE EAST SIDE OF WADSWORTH BOULEVARD, FROM 22ND AVENUE NORTH TO 23RD PLACE AND ALONG THE WEST SIDE OF SHERIDAN BOULEVARD FROM ELLSWORTH AVENUE NORTH TO 4TH AVENUE, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 8 – ORDINANCE O-2009-34 – DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS ALONG WEST 14TH AVENUE, FROM DEPEW STREET TO SHERIDAN BOULEVARD, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 9 – ORDINANCE O-2009-35 – AUTHORIZING THE CITY OF LAKEWOOD TO ACQUIRE CERTAIN REAL PROPERTY (INCLUDING A FACILITY LOCATED THEREON AT 870 PARFET STREET, LAKEWOOD, COLORADO) FROM THE SCHMIDT FAMILY L.L.L.P. (A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP); AND TRANSFERRING TITLE OF THE PROPERTY TO MUNICIPAL CAPITAL MARKETS GROUP, INC., AND ENTERING INTO AN ANNUALLY RENEWABLE LEASE PURCHASE AGREEMENT BETWEEN MUNICIPAL CAPITAL MARKETS GROUP, INC., AS LESSOR, AND THE CITY, AS LESSEE, FOR THE PURPOSE OF PUBLIC SAFETY USE AND THE EXPANSION OF THE POLICE ACADEMY TO A REGIONAL TRAINING FACILITY; AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT, A FACILITY LEASE PURCHASE AGREEMENT AND DOCUMENTS RELATED THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 1955 S. KIPLING STREET TO OFFSET THE COST TO EQUIP THE FACILITY SPACE AS A REGIONAL TRAINING FACILITY; AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION OF $2,330,000; AUTHORIZING CONVEYANCE OF A NON-EXCLUSIVE EASEMENT TO W. HERB L.L.C. FOR INGRESS AND EGRESS ACROSS PROPERTY OWNED BY THE CITY, LOCATED AT 1050 QUAIL STREET AND PROVIDING OTHER MATTERS RELATING THERETO; FURTHER, DECLARING AN EMERGENCY
ITEM 10 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Advisory Commission for an Inclusive Community Meeting, May 20, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, May 28, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, June 11, 2009
Mayor Murphy asked for 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: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 11 – ORDINANCE O-2009-27 – TO REZONE LAND LOCATED AT 280 SOUTH YARROW STREET CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Paul Rice, Senior Planner, gave a brief presentation and asked that Council approve the rezoning request as approved by the Planning Commission on June 3, 2009 regarding land at 280 S. Yarrow Street.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-27 on second and final reading.
Councilwoman Stack asked about density and how is the 20% adjustment made.
Paul Rice said the density is regulated by land size, parking requirements, etc. It follows the same as that of the Alameda Overlay District. The density would be regulated by the proposal itself.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-27 on second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
Mayor Murphy noted that Items 12, 13, and 14 are all associated with 2301South McIntyre Street, and therefore, will be considered together.
ITEM 12 – 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
Andrew Mendell, CDN, Canada, said he is representing landowners of the Solterra Centre, based in Vancouver, Canada. He noted that the initiative to rezone this property was primarily driven by the recognition that our existing zoning is both unrealistic and archaic. Therefore, in an effort to come to a long term vision and rezoning for the property, they engaged assistance from Carma and the City of Lakewood. The NAIOP college challenge allowed for input as to what could be done on the property over the next 25-30 years, thus, the idea for Agriburbia™ was formed.
Mike Parthemueller, Vice President of Operations, CARMA, 11409 W. Bear Creek Drive, Lakewood, CO, 80227, gave a brief slide presentation of the proposed project and included a list of prohibited uses for the property. The request being made is for a 25-year vesting period. As of today, approximately 40% of the Solterra Centre has been developed and it took about three years to complete. He feels that the Solterra Center ODP will be great for the area, bringing in primary jobs and multi-uses for the site.
Kara Mueller, Associate Planner, City of Lakewood, CO, asked that the Zoning Ordinance, Comprehensive Plan and all of its amendments, May 5, 2000 Intergovernmental Agreement (IGA) between the Town of Morrison and the City of Lakewood, Joint Rooney Valley Master Plan and Joint Rooney Valley Development Standards, all three case files, as well as all of their records and any testimony given at tonight’s meeting, be entered into the record. She presented a picture of the proposed Official Development Plan (ODP) for the Solterra Centre. Staff recommends that the primary use on the existing ODP is for office space and that the proposed Solterra Centre Official Development Plan uses in the planning areas that are adjacent will not negatively affect this office. She gave an overview of the three cases: Case MO-09-002 – Solterra Centre Official Development Plan. This plan is to modify a portion of the Red Rocks Business Parks ODP and to incorporate areas B and C of the Lakewood West ODP as well as an R-1A or one-acre residential zoned parcel, allowing for a mix of uses including retail office, residential and Agriburbia™. Case MO-09-001 is to modify the Lakewood West ODP and to increase the density to allow for a maximum of 15 dwelling units per acre so long as the overall density does not exceed 11 dwelling units within that acre. Additionally, it will update the language and change the boundaries to exclude areas B and C. Case VS-09-001 is a proposal to vest for 25 years the site specific development plan Solterra Centre ODP. She said Case MO-09-002 and Case MO-009-001 are contingent upon the approval of each other, as well as Case VS-09-001 would be contingent upon the approval of the other two cases. She summarized the proposed Solterra Centre ODP by saying there 1,630 residential units are being proposed, and this is a decrease in density from the allowed 13,000,000 sq ft. of office to 4,000,000 of non-residential.
She noted that at City Council’s request, it’s been determined that ‘fairgrounds’ should be defined separately in this ODP and a public process should be incorporated to allow for these types of uses. She listed the conditions proposed for ‘fairgrounds’, and that Staff recommends that Council approvals MO-09-002 with said conditions as noted. She also asked that City Council approve Case MO-0-001, and Case VS-09-001 for a period of 25 years.
There were no public comments on Item 12.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-28 on second and final reading based on findings-of-fact of the Planning Commission dated June 3, 2009.
Councilman Paul asked that the ordinance be amended as follows:
1. The term ‘fairground’ be removed from the definition for ”Event and Venue Development” on Sheet 3 of 4 of the Solterra Centre Official Development Plan, Section II.F.7.
2. Add definition of ‘fairground’ as follows to Section II.F: “Any rodeo, stock show, amusement park venue or similar type use.”
3. The following language shall be added to Sheet 3 of 4 of the Solterra Centre Official Development Plan, and be known as Section II:C.3.
“Any application for a ‘fairground’ shall require public hearing before the Planning Commission and a public hearing before the City Council. Any such applications shall be subject to the same development review criteria as found in Article 15, Site Development Standards, Section 17.6.2 and 17.6.3, except that any appeal of the decision of the City Council shall be to District Court.”
Councilwoman Kellen and Councilman Quinn accepted the amendment to the motion.
Councilman Quinn asked how Agriburbia™ works.
Mike Parthemueller said a third-party contractor, who adheres to the Agriburbia™ concepts, would be responsible for planting the crops and maintaining the land. The food produced is sold to the market – it takes place either on the property or on adjacent properties within the community.
Vote: Ayes: 10 Nays: 1 (Anderson) The motion passed.
ITEM 13 – 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
There were no public comments on Item 13.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-29 on second and final reading based on the findings-of-fact of the Planning Commission dated June 3, 2009.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 14 – 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
There were no public comments on Item 14.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-30 on second and final reading based on the findings-of-fact of the Planning Commission dated June 3, 2009.
Councilman Quinn wanted to know what benefits the public derives from private developers having vested development rights on a piece of property.
Mike Rock, City Manager, said one primary benefit to all parties is that developments tend to be front loaded with infrastructure costs and they are based on a build-out that occurs over an extended period of time. Without investing, you stand the risk of incurring all the front loaded costs and only having a limited number of property owners who actually acquire property and pay those costs. Also, if for some reason the ability to build-out the rest of the project was interrupted because of lack of vesting, the front end costs are still there, but you have fewer people to share those costs. Therefore, vesting provides predictability for a lender, for someone providing the infrastructure, and ultimately for anyone who buys from the development.
As additional discussion ensued, Councilman Anderson voiced his concern about entertainment uses (dance halls, music venues such as a Fiddler’s Green, etc.) being able to be placed in this area without an opportunity for public input.
Councilwoman Stack had concerns about the prohibited uses, such as the half-way houses and homeless shelters for this area, and wanted to know the purpose for them not being allowed in this area. She feels these uses should be spread throughout the community.
Mike Rock noted that in this particular case, there is a very specific interest in creating a job center and economic activity center that have been described as Tech Center West. While there are many opportunities to spread homeless shelters and other such activities throughout the community, we don’t feel that they belong in the middle of an office park that we’re trying to promote as a high-end corporate headquarters type of environment.
Councilman Peterson said vesting is very important especially with a development of this size. He also commended Staff on doing a great job in presenting the information.
Councilman Paul said he respects the concerns voiced by Councilman Anderson, and he feels the main concerns of citizens in Ward 4 are about the stock show and fairgrounds moving to Rooney Valley. He feels this amendment portrays good faith that they (Council representatives) are listening to the citizens and they, too, have concerns in this regard.
A brief discussion ensued regarding the placement of half-way houses and homeless shelters in the area.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 15 – 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
Dan Rickley, 5437 S. Cimarron, Littleton, CO 80123, representative for the project, explained the history of said project and was available to answer questions.
Kara Mueller, Project Manager, said the request for Case MO-02-001 is for major modification of the Meadow Creek Condominium Official Development Plan (ODP), to allow for up to seven town-home units, three tennis courts or a combination of town-home units and tennis courts.
Joe Burdick, President of Meadow Creek Property Owners and Condo Owners Association, said he represents some 150 homeowners in Meadow Creek, and they are in favor of the flexibility of some town-homes and some tennis courts. However, they want to make sure that in the ODP, the private development agreement between the town-home association, which is responsible for this area, and the applicant is entered into the ODP. The property owners association would also like the right to have architectural design approval. He listed reasons for said request.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-31 on second and final reading based on findings-of-fact of the Planning Commission dated May 20, 2009.
A brief discussion ensued.
Kara Mueller noted that language on Sheet 2 of 6 under Meadow Creek Townhouse Owners Association says the owners within Phase III will be governed under the bylaws of the association. Also, language was added that all final building elevations, materials, and landscaping for Phases I, II, and III must be submitted for review and approval by the
Meadow Creek Property Owners Association, successors or assigns. She added that this is a private development agreement—the City of Lakewood is not party to this agreement.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 16 – 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
Jay Hutchison, Director of Planning and Public Works, said this is an ordinance from the City of Lakewood to bring properties into conformance, and it’s an effort to help make things less burdensome to existing property owners who are affected by public projects. He explained the existing ordinance and the proposed ordinance. The proposed ordinance would (1) eliminate the possibility that a public project would make a private property owners’ property non-conforming. It would ensure that this will not happen to private properties because of a public project; (2) eliminate the 20% threshold; and (3) eliminate the need for private property owner to go through a public hearing in order to resolve the question as to the status of their property. He also explained the choices the property owner would have under the existing ordinance and under the proposed ordinance with the amendment.
Richard “Rick” Chase, Chase & Co., Littleton, CO introduced himself by giving a brief background of his experience in pubic and private property appraisals. He talked about public acquisition appraisals and zoning conformance issues and how the proposed ordinance would affect the public acquisition process and the property owners’ rights to just compensation. The key question to consider is, ‘Would the proposed changes to the existing ordinance result in an increase or decrease in compensation due property owner for public acquisition?’ He explained three typical appraisal scenarios—total; partial, and partial/total. He noted that the appraiser is professionally obligated to fully evaluate damages to the remainder of the property regardless of conformance or non-conformance classification. Also, the proposal to automatically grant all remaining properties conformance status under the proposed amendment to the existing ordinance does not alter or change the methodology used to evaluate damages to the remaining property; the process used to estimate damages to the remaining property is the same under both the existing ordinance and the proposed amendment.
Jack Barnett, 10370 W 13th Place, Lakewood, CO, feels that the City of Lakewood should vote no on this request. He feels this proposal would adverse affect homeowners making no one responsible for damages done to homeowners’ property.
Robert Gordon, Lakewood, CO, feels it is not right to make something that is non-conforming “OK”. If RTD needs some of his property, they should make him a fair and equitable offer.
Odell Orr, 1420 Oak, Lakewood, CO, representing Standard Restaurant Supply, feels that this ordinance will adversely affect high end retail property. He asked for some assurances that if they sell their property, they will not have a loss in property value. Also, he wants to maintain the future value of the property at 1420 Oak Street, Lakewood, CO.
Kyle Painter, 10505 W. 13th Avenue, Lakewood, CO, asked that this proposal be amended because if RTD does construction behind his home, it would make it non-conforming to some of the zoning laws. Also, he has a concern about the safety situation inasmuch as his home being is so close in proximity to the track.
Jim Estervan, 9425 W. 12th Place, Lakewood, CO, wanted to know if the proposed ordinance would affect compensation.
Larry Foiles, feels that the proposed amendments presented at the last meeting violates trust with the public. The public has not had the opportunity to look at actual wording of the amendment and to give comments. Also, he feels that input should be heard from a second expert appraiser.
Christine Vincent, 1300 Brentwood Street, Lakewood, CO, wanted to know what the zoning classification would be of her property if she agreed to the proposed ordinance.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, wanted to know why the City of Lakewood is allowing RTD to destroy everything.
Public comments were closed.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to amend Ordinance O-2009-32 as documented in the amended version of the Ordinance dated July 13, 2009.
Mayor Murphy clarified that this amendment is an attempt to give property owners, if they wish, and the amendment notes that this is voluntary, the opportunity to bring their property into conformance if the acquisition of their property or a portion their property by a public agency causes their property to be non-conforming. Under the current rules, property owners would have to go to several hearings before the Board of Adjustment. The proposed ordinance amendment would eliminate that this. Again, it is totally voluntary on the part of the property owner. Additionally, the appraisal was present to address the question that if the property owner wishes to bring his/her property into conformance, would it affect (reduce) the property value.
Tim Cox said he proposed amended ordinance would include the language that’s in the existing code as well as the proposed new language with the owner having the option as to which course to follow.
After a lengthy discussion ensued, Tim Cox explained that this is drafted as an “emergency ordinance” and there is an “emergency clause” in the ordinance. As such, per the Charter, two-thirds vote of the entire Council is required to pass an ordinance as an “emergency ordinance”. Thus, eight votes are needed. He further explained that if there is less than an eight vote majority, according to the Charter and the case law for Colorado, and the emergency ordinance does not pass—Council finds that there is not a health, safety, and welfare issue justifying an emergency ordinance—but still vote by a majority to pass the ordinance (six or seven votes), the ordinance passes. The effective date would be 30 days hence--it’s not an emergency ordinance under those circumstances. Failure to get eight votes does not invalidate the ordinance.
Mike Rock noted the reason for the emergency clause is that there are a number of property owners who are in the midst of this process and would like some definition.
Vote: Ayes: 9 Nays: 2 (Anderson, Stack) The motion passed.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to approve Ordinance 0-2009-32, an ordinance amending Article 17-16 of the Lakewood Municipal Code regarding the affects of acquisitions for or construction of public projects and further declaring an emergency as the Ordinance was amended by vote of the City Council.
Vote: Ayes: 9 Nays: 2 (Anderson, Stack) The motion passed.
ITEM 17 – GENERAL BUSINESS
UPDATE – WADSWORTH/6TH ENVIRONMENTAL ASSESSMENT
Seyed Kalantar, PE, Project Mgr., CDOT Region 6 Central Engineering, Golden, CO, spoke briefly about the Environmental Assessment for 6th and Wadsworth.
Tim Eversoll, PE, Project Mgr., CH2M Hill, Englewood, CO, spoke briefly about the presentation they gave about a year ago regarding what they called the preferred alternative. The Environmental Team has gathered information in this regard while focusing on impacts for said preferred alternative. Wherever impacts were noted, strategies were developed to find ways to mitigate (minimize or avoid) identified impacts. Results of the study are now published in an Environmental Assessment Document. He extended thanks to all involved in putting this reader-friendly document together. This document is available for public and agency review from July 13, 2009 through August 26, 2009. Persons can review this document via the project website (www.US6/Wadsworth.com) and download the entire document, or they can review a hard copy at the following various locations: Jefferson County Library – Belmar, 555 S. Allison Pkwy, Lakewood, CO 80226; City of Lakewood City Clerk’s Office, 480 S. Allison Pkwy; Lakewood, CO; Jefferson County Clerk and Recorder’s Office, 100 Jefferson County Pkwy., Golden, CO; CDOT Region 6 Central Engineering, 425B Corporate Circle, Golden, CO; CDOT Region 6 Headquarters, 2000 S. Holly St., Denver, CO; FHWA Colorado Division Office, 12300 W. Dakota Ave., Suite 180, Lakewood, CO. Comments to the document can be accepted via the web, mailed in, or given at the public hearing scheduled for Wednesday, July 22, 2009, City Council Chambers, from 5:00 – 7:30 p.m. Channel 8 has agreed to broadcast this public hearing. He noted that at the end of the 45-day review period, they will draft a decision document to be presented to the Federal Highway Administration for their determination on whether or not there is a project. This should be completed by late summer/early fall.
ITEM 18 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 19– ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 11:46 p.m.
Submitted by:
Margy Greer, City Clerk
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