tuning in at home or online we are always appreciative of that if you would please if you have a cell phone please put it on silent and if you'll rise and join me in the pledge of allegiance and will remain standing for a moment of silen before we dig into our agenda there's a couple of things that was addressed that i think will help set the tone and the flow for tonight's meeting as you know we have a lot of different things on the agenda so first off there was a request that came out of months worth of discussion to do some clarifying on lakewood high school and some direction that was given to staff and there were some ambiguities and so counsel was asked in january to take a that and to clean that up and see if we can clean that up and so council has been hard at that and in the meantime councillors johnson and mayor pro tem able have been working i think  with staff also on a hybrid to a hybrid which sometimes we like so i would like to have that presented and see if we can give that clear direction for staff to move that forward mayor pro te thank you bear with me i found out i'd be presenting this about ten minutes ago so after years of consternation on both sides on every side and workshops study sessions last fall we agreed to a number of suggestions about director being prime among them and worked really hard trying to accommodate all the needs the needs as our the consensus around those needs is pretty well borne out by the new plan we have it's before us tonight took a little more tweaking to get it here but basically  this is not about student parking the students used ninth avenue all day every day the school is in session it's about access to the athletic fields generally in the evenings and weekends the users of the athletic fields had a number of wishes a loading zone handicap spots and the parking spaces along th and in this deal they get everything including a lion's share of the parking spaces it will provide the loading area property next to the loading zone gate but anyway the details  accommodate the wishes of nearly every one of the neighbors reluctantly agree to this i think one of them terms it the other day is a last resort but it requires sharing the street they're willing to do that and i think this this solution is will irritate as many people as it pleases on both sides so when i was a reporter i always judge the quality of my reporting by having an equal number of people upset with me on either side of this so that's where we are and i believe  explain a lot better than i did thank you thank you councillor abel the illustration that you have your places that says alternative is the one that's up here on the screen right now i won't go back to the existing conditions unless you'd like me to this proposal this alternative and it's only one but this alternative doesn't change anything on the north side of ninth avenue so all the signage stays exactly the same on the north side of ninth avenue and the that's on a screen right now is essentially just lakewood high school property to the south on the right you can see the north into the track in the middle area is the baseball diamond and then there's a soccer field to the left just before that little north south driveway which is actually a school driveway entrance not a public street that goes north and south there so this is ninth avenue essentially from independence street west on the south side those three red areas also there would be no signage changes with this alternative and those are no parking areas at all ever the one on the far right the shortest one is a fire hydrant so it's no parking even without the signs the the middle fairly short one also is the driveway entrance where people can pull off of ninth today through a gate in the fence and onto the the school property by the the ball field so it's a driveway it's no parking whether the signs are there or not and then to the west the no parking on the south side is related to that entrance into the school that's it's a congested very active entrance and keeping some more space there as it is today no change again is helpful for safety considerations and getting people to be able to turn and see where they're going so all the red on the south side is just like it is today and it's a nope those are no parking zones ever as you can see from the signs on the illustration the green area is and that's the loading area that councillor abel mentioned it's right east immediately east of the driveway entrance and it's located there because there's a sidewalk a little tough to see here i'll point it out with the cursor but there's a sidewalk that goes in right here from the ball diamond stands back up to the sidewalk along th so the loading zone would be right next to the the driveway entrance so that it could serve access here for anyone going to the stands or anyone anywhere but land on either side of the street if somebody needs to do some loading but go across the street they can of course do that there as well the other change that green is new and different the other change is these areas that have no color so next to the soccer field instead of having parking only during the school day there there'd be open parking there for people on either side of the street and with interests on either side of the street similarly east of the loading zone to the fire hydrant similarly from the fire hydrant on over to independence street i think that there were to be some parking spots set aside for the church and the neighbors the there are three churches thank you one is next to this yellow area on the north side one is just off the picture to the left on the south side and then there's one off the picture further to the west right next to kipling on the north side all of those open areas are in this alternative are available to anybody anytime so the churches can use those the yellow area on the north has been there actually longer than any of the signage changes that occurred a few years ago on the south and originally that area was thought to be perhaps a no parking area but when those when that was being discussed we had conversations with that particular church and they have a particularly difficult parking area there it's pretty small and so they wanted to have a little more flexibility to use some of that north side of ninth avenue so those signs would remain and still allow that to be used on saturdays sundays holidays and  evenings again i think there i thought that one of the plans was to set aside some spaces especially for the neighborhood the other part of the deal is safety there was concern about kids walking to school and the need for a safe way for them to get there fortunate with i guess great timing last year the colorado department of transportation rebuilt the bridge across garrison street at sixth avenue and as part of that they laid down a very nice sidewalk along the sixth avenue avenue frontage road from garrison to independence street so the thought is we continue that sidewalk on the west side of independence from the th avenue service road to the existing sidewalk adjacent to the school that provides there was concern about kids on eighth avenue we took that into consideration there are also ditch rights over there and and some difficult terrain so kids under this plan kids coming down walking from the north or riding bicycles or whatever can turn west on ninth street where there's a sidewalk on both sides of the street the kids coming up from the south can go down the sidewalk on sixth avenue frontage road to independence and reach the school hopefully with out having to walk in the mud the way they do now believe that's everything ready sir miss johnson thank you thank you can some and evil i would just like to put a shout out for the people that are here tonight that live in close to lakewood high this has been going on for ten years and frankly you are my heroes the way that you've approached this has been with honesty civility and charity you've compromised and i appreciate all that you've done and all that you've put up with thank you for allowing me to be part of your process thank you second okay so can we please give crystal clear direction to staff to accept what was just presented before us tonight is there any ambiguity sir appreciate that very much thank you and i would echo what's been said not only for the neighbors and thus willingness as well as the greater community and the school the school district who did you know go into some  areas and try to restriped the parking lot and find other alternatives for for these opportunities so one other thing they are although we will have different parking restrictions after the school day the idea is to not take away anything the students have now so it would be open during the day on the length of it for student parking during the school day thank you okay this is in regards to  two thousand and nineteen twelve the proposed settlement agreement at this time i would like to state i do have many serious concerns about this proposed to prepare for litigation andor present other options to counsel i ask that we limit any further discussion on the diets at this time since our legal counsel is not present and to do that order to avoid any issues that would be related to privileged communications in the future further i would like to schedule an executive session for next monday april st after our tour of the shops  and then that would be with our legal counsel well thank you for my motion where we have a second just for clarification do we need to formally pull that from the consent or can that motion go forward i if are excuse me if the vote is in favor of councilor beaters motion i think that effectively pulls it from consent it can't be considered anyway so we just have to reflect that the clerk would just have to reflect that when she would write just reading the atoms into consent and then the second housekeeping piece looks like the main body of that first motion would be separate and then we then we would go into the courtesy of that we limit discussion and then a motion for okay yes that was in my intent so with that there is a motion and it's we'll break it down to that first part which is ends with other options and or prepare for litigation is there a second a second so we have a motion and a second there any discussion please cast your votes that passes ten eyes zero nays and the second would be the i'll just let you reread it that's okay further to schedule an executive session oh further ask that we schedule an executive session for next monday april  st to direct our council on further negotiations and also for preparation for litigation and that would be after our tour of this shop second executive session we can put that together and call it at that special meeting would you still need the announcement of but we need a motion to hold a special meeting for the purpose of holding an executive laughter second i i second okay all right so there's a motion in a second please cast your  all right and that passes ten eyes and zero nays so to summarize clearly we've received a lot of information and also the fact that this is a legal issue i think it's pretty clear as to where this council is asking to go and what it's trying to do with that you're also welcome to give public comment but as you can see that that issue has been tabled indefinitely along those lines so in order to keep the flow of the of the meeting going i would ask that you be judicious and timely in your statements and succinct if there is anything that you'd like to repeat you know if you just want to say i agree with that that'd be fantastic so we can work through a pretty heavy agenda tonight so this is the point the meeting where the public is invited to address the city council on items that did not appear on the agenda all comments should be directed to the city council i ask that all in attendance observe the decorum city council chambers and refrain from applause or audible support or discord with the speaker three minute time limit per speaker this indicator here will be green for two and a half minutes and then it will go yellow for thirty seconds and after your three minutes up it'll go red and i'll politely ask you it up so first up on the public comment agenda amster barnhar barn holt sorry good evening welcome thank you mayor thank you council my name is joe byrne holt and i'm a lakewood city council candidate for ward three however i come more importantly today as a resident who lives in the sanderson creek homeowners association the neighborhood where the shooting in lakewood that occurred two weeks ago originated as someone who walks their dogs almost every day along the path where the bullets traveled i wanted to give my thanks to the lakewood police department for their quick response and also give my office of emergency management for the reverse nine call that went out during the event to shelter in place i learned during my time at the lakewood citizens police academy that just how fast an active shooter situation can change and available technologies like reverse  e tools that will help our neighborhoods remain informed during these tense encounters while also giving our police the ability to control certain parts of their often an unpredictable environment for cell phone users like myself you need to register your cell phone to receive these alerts i actually found out my wife who is a lifelong cellphone user didn't know what reverse nine was let alone registered and i realize this is probably not uncommon if you've never had a landline or if you or even if you had one but never received one of these calls for anyone unaware it's a call that is sent out to residents of an area where there is an emergency instead of you calling nine they call you about the emergency if you're a lakewood resident who is not registered let me take the time to encourage you to visit the how to get alerts and warnings section of the lakewood or webpage our homeowners association sent an email out to all residents following the incident with information on where to sign up and i would encourage anyone associated with an hoa or community group in lakewood to do the same the situation in our neighborhood has proven that this is an invaluable tool and has the potential to help save lives so please help spread awareness about this service well potential improvements such as an all clear notice we're discussed at the ward three meeting this weekend these alerts and the power of modern communication will bring nothing but benefit to our communities and neighbors in the future i'm truly grateful for the heroic actions of our lakewood police department and thank you stay safe everyone thank you  speech that i wrote is really kind of knowing void no but there is just one thing i want to bring up and maybe i missed it we have a great crossing at th avenue in garrison a flasher and it has been a godsend because it wasn't there when we moved in but it's been wonderful so if you know if we're gonna guide the students to ninth avenue we want to make sure that we get that kind of safety over there so issue my issue or my comment is based on the liquid high school parking is there is one section on th avenue that's on the southside right at independence and ninth avenue where there's an intersection and if it would help if there would be additional signage in that section there as no parking right because we find people always parking in the intersection when there's a lot of parking going on for the events so that's just my little add and then the rest good evening mayor and council and see lakewood my speech is known void also but opportunity to provide some comment i know and i appreciate what we heard about thanking the neighbors and what everyone has gone through for far too long and what is trying to solve what i think is a was a very solvable situation but what i want to point out is that it this was one piece of what we went through as citizens neighbors students parents  city we have been actively engaged in this process for more than two years now and the recommendations that came out of that group that was a facilitated discussion  per the direction of this city council that we participated in for twenty to thirty hours and had strong recommendations that came forward this this is one solution out of that group and i get it i'm not here to argue about other things that need to change or that th avenue was the request that was made two years ago what you just approved tonight was exactly what we talked about two years ago was exactly what the school asked for two years ago when those signs went up in april of two thousand and seventeen so i'm glad we're here i'm glad that we're moving forward i didn't hear and i'd be interested to hear when when the sun when the change is gonna happen because i know the signs went up and it's taken a long time to get them to come back down they're still not down although i'm encouraged by what i heard tonight  so again as i've said before it's a process it's a long process it was painful parts unnecessary you as our leaders you ran for these offices you wanted to have these positions as i've said before you were elected you won but let's be aware of the decision making you gathered facts you gathered opinions we need faster decisions on on a situation as simple as ninth avenue parking i have no idea how we're gonna address every one of our gas stations turning into a used car lot and the best transit oriented development site in the region that we can't figure out what to do with and a whole host of other things but again i'm encouraged by what i saw tonight i want to see us move that forward and i want to see those signs get down i also want to give credit where credit is due also on the school side they did restriped the parking lot adding ninety spaces that was a good outcome of those discussions those ninety parking spaces are important for the community as a whole and certainly for the students at lakewood high school you probably aren't very happy if you're a parent and your kids are banging into each other a little bit more with that straight on parking and then the angle parking but we did solve some issues and again so thanks for for getting us to where we are tonight and let's get those s south kilmer street all right come on down good evening then alex plotkin and i'm having trouble with some of these names good evening good evening paul iverson two five nine nine south kilmer street mayor council citizens of lakewood again i guess the point is moot at this point is regarding the situation with  three dinos happy to hear that you've tabled this for the time being great to hear that there's been great citizen input in terms of how this issue needs to be further examined and perhaps litigated but happy to see that you did that and please  continue to listen to the the wishes and the some of the input of the people so thank you thank you alex and if you if you want to line up when we speak come on we don't we don't cede time so i mean you can three people can have up to nine minutes if you'd like but there's a form you're gonna have to fill out for the for the greenock metropolitan districts sure i was reading the consolidated service plan and then this service plan they lay out that whole construction project the costs and there's a agree to pay principal amounts of five million to the city and then in the conclusion of this document in in section d in the conclusion it's specifically state that the area to be included in the districts does have and will have the financial ability to discharge the proposed indebtedness on a reasonable basis so this was a document from two thousand and seven seven and somehow between two thousand and seven and today we've gotten into a situation where they claim they can't pay which sounds a little engine in well strange to me otherwise i just want to financing the resolution trust corporation took over much of the property to get some relief on the fifty million debt mount carbon filed for bankruptcy protection from nara during one thousand nine hundred and ninety nine soon after the formalized bankruptcy  brookfield purchased three hundred and eighty five acres of the land now known as zotero and excluded the area for mallik carbon boundaries brookfield could not purchase the land without paying down the debt so they imposed a twenty two mill levy property tax approved by the courts so combined with mount carbon so terra residents have a sixty five million to metro districts which equates to forty five percent of the full tax bill metro district infrastructure debt burden is out of control in colorado we need our and legislators to step up and start protecting a citizen's taper was approved in one thousand nine hundred and ninety two to protect citizens right from an to taxation without consent developers have denied citizen rights by opting out municipalities such as lakewood set idle on the sidelines the current big sky green tree settlement items seven on the agenda tonight is one sided favoring developers clearly rooney valley and do not need the risk of additional tax burden given the unfair agreement as if it's approved as is please recall the rooney valley development please do not repeat mistakes of mount carbon engage now affect the residents many residents sottero believe brookfield has already collected their ten point five million loan for the c four hundred and seventy alameda interchange through impose fees on cetera residents when they buy a home lakewood taxpayers loaned three million for the c forty seven interchange with interest that amount is now around five point three city council members must initiate actions to get the full  loan with interest paid back and well before the forty five years that's in the settlement agreement and a petty biannual payment city council or if some twelve five million tax surplus from approval of ballot to d henderson and m property belongs to lakewood we have been overrun with rats in the last year rats in our pool rats in our pool in the gully hopefully they will catch some of the rats and we also are working with some schools getting them to get the kids to well i'm sorry we'll come back after public comment but you're forgiven exhausts exhausted list i have gayle lynn and eric if you didn't sign up and you want to speak under general public comment you can go over and see our clerk and sign up she's right here and so you'll be speaking for alex and gail yes thank you and just in the future please fill this out before because technically alex had his time that already went but i'll grant it to you okay thank you  and i did filled out before i just didn't know who to add it great thank you go ahead good evening good evening it's been a while since i talked to you there are three things i'd like to talk about the first one is not at all pleasant email september th from kristen bear the attorney for big sky tim cox the city attorney hope all is well i got a call from tom morton requesting that contact you regarding public comment concerning big sky metropolitan district i want to make sure that we the attorney for big sky and mister cox the attorney for the city i want to make sure that we are coordinating as necessary in that effort do you have some time early next week to talk september th from tim cox kristen bares the attorney for big sky i'll be reviewing them the documents presented by mister henderson and maybe you and i can talk after we both read through them september twelve from christen bear mister cox thank you tim we'll take a look at this and we'll plan on talking after we both have a chance to analyze the content we should discuss the scope and form of the same to ensure that we are on the same  kristin bear mister cox you all counted on mister cox and the mayor to present you with a neutral unbiased researched legal memorandum regarding the questions presented by the big sky iga and whether they constituted a material m odification you counted on them and we counted on you tim cox in an email just yesterday december th i shared a draft of the memo tim cox's memo with the mayor and his review of the memo prompted a couple more questions the second question required additional legal analysis we also decided the question was significant enough that we  returned to the attorneys for the big sky district we were expecting to hear back from those attorneys by tomorrow and if so we should be in a position to revise our memo accordingly and distribute it to the city council what was that question what was that significant question that might cause them to revise their memo december th email for mister cox's associate to big sky's attorney we are seeking an explanation as to why this expansion of service outside of the boundaries of the original approving this doesn't constitute a material modification of the service plan and when they got their answer from big sky they revised their memo accordingly we counted on you you counted on them and with all due respect i hope you understand how members of the public no longer had the faith that we had in this process i hope you understand why when the attorney for the city recommends approval of this settlement agreement that pays no money back to the city but pays imposes taxes and imposes a mega special district run by the same group that r with the same abuses you will understand why members of the public have questions about whether there's a genuine interest in special district reform with all due respect guardrails a special district reform aren't going to solve any problems using that analogy guardrails don't stop drunk drivers they don't stop road rage anymore and guardrails as you suggested mister mayor are going to correct special district abuse if there is not a concerted effort to require the ballot issues to be reviewed and approved by the city to require substantive disclosures to the citizens we're wasting our time we need special district reform we need to require big sky to apply for modification and go through the public hearing process we need a no vote on the settlement agreement i'm very sorry to say that we don't have the same faith that we had before but we don't and we won't until we see changes and leadership with all due respect after these emails were disclosed i respectfully submit the only honorable thing to do be for mister mayor and mister cox to resign you breached our trust you violated their trust and you violated our trust mister brown and then anybody else who hasn't signed up please do so so i can get this new one there's nothing on the back settlement between green tree metro solteira three dinos jefferson county in the city of lakewood so i think it is very one sided i think that the light the citizens of lakewood deserve to see this agreement at the very least and i think that we need to aggressively litigate the repayment of the loans that were made to the developer i would suggest that we aggressively litigate that and have the loans repaid to the citizens and not loan money from them and then also ask them to repay it that's not fair thank you thank you okay we probably signed on the wrong list mister brown mister mayor councillors good evening thanks for your time again good to see y'all i'm gonna give you a brief history of the c forty seven t west alameda interchange project not to rehash the history but to demonstrate a pattern of failure the mid s lakewood agrees to make a reasonable effort to acquire the northwest parcel as a condition of approval of interchange construction there was approval by seat on a number of other agencies to build that interchange lakewood did not do it instead they made a single lowball offer and walked away about the same time period all parties agreed to close and keep closed west alameda park way over dinosaur ridge as a condition of approval again to build the interchange fast forward about ten years in the mid s but almost unheard of county rezoning in jefferson  the property around the interchange northwest parcel recommended to not be rezone too due to historical and cultural importance by all referral agencies every single one county ignores this and andrey's owns it anyway j alameda over dinosaur ridge and jeffco decides to settle rather than go to trial over something that had been agreed to and documented a decade earlier shortly thereafter the settlement results in jefferson county paying the developer one point four million dollars for nineteen a kers of property jeffco could have bought the same northwest parcel sixty acres for approximately one million dollars that equates to jefferson county using open space dollars to facilitate a commercial development deal rather than preserving open space is recommended two thousand and ten loan repayment to the three dinos green tree metro district excuse me green tree metro district extended ten years by jeff co today still no bonds issued by green tree just last year brookfield decided to sue green tree metro and three dinos geoff cowan lakewood had to be forced through the lawsuit by district courts because they decided they didn't need to be a party to the lawsuit the municipalities indicate that they viewed the loan as an investment and claimed that they never anticipated being paid back well why was it documented as a contract tonight green tree settlement creates a forty five year repayment schedule with exit clauses for green tree and three dinos and leaves everybody else holding the bag for the interchange loan if the repa not complete what i'm painting here is a picture of government failure and industry entitlement not exactly the type of entitlement that developers advertise on their products commercially entitled and zone or is it we're to leave it at that i'm going to email you all the rest of the document which is just some brief conclusions i appreciate councillor vienna's motion to take this to executive session and prepare for trial that's the right decision thanks again right thank you for jessica not to belabor the point but i think there's one thing that's missing from the plan and that's wonderful that the neighbors caved and we're willing to go along with what the school won but i think if you remember a long time ago very long time ago one of the original reasons they wanted the parking on th avenue was for loading and for the handicapped because here's the parking lot down here and here's the only gate to the baseball field this is over six hundred feet five hundred and ninety three to be exact because i've been on this project so long talking to mike please thank you five hundred and ninety three to be exact but this is negotiable if you're handicapped so if these handicap spaces that you're talking about and i didn't see them on the map on this new plan i didn't see the handicap spaces if they're going to be over here in the parking lot that's not adequate for someone on crutches or in a wheelchair it do you does someone have some information about where they should be where the loading zone is on the  on th avenue is probably where the handicap should be i've walked across this and i wear a dress and heels and it was difficult for me it's grass and it's as you get to the field it's sloped so you have to kind of walk like this and negotiate it someone in a wheelchair could not get there from the lakewood high school parking lot there needs to be some handicap spaces on th avenue by the loading zone i'm sorry but that's the one piece that's missing from this and neither the neighbors or the baseball people thought of the handicapped and that was one of the things that was brought up at the very beginning why they needed it so that's my point thing i think there may be some clarification after yes there needs to be four or five hand then that exhausts my roster i have on consent agenda i have mister ashe mister newton ms setzer and miss hannigan so if you want to be on public comment then please come on down and get to extend that was very wise and appreciated decision the issue of whether green tree metro district has to pay back their loans from lakewood brookfield and jefferson county or get a free pass as our attorney seems to have indicated is a big deal to the taxpayers here tonight and it will be a big deal to many more who will take note of this decision at the ballot box in november but in reality the lawsuit is really just a small pawn in the game of chess that is being played by brookfield and partners brookfield has deep pockets they don't really care if the loan is repaid no the lawsuit was such a strategic move by a team in every player who is not on the team is one of the ponds in one action brookfield and partners are trying to capture all the ponds at their disposal mountain green mountain water and sanitation district the county the city friends a dinosaur ridge jefferson county open space hank bramley and stream realty and the taxpayers brookfield really cares about is being crowned the king of the rooney valley controlling not only all future development but also an essential public service sewers if you aren't sure this fits together listen carefully and remember what the other speakers have said tonight they explained many of the plays also we can take a good long look at the proposed settlement agreement city council i am asking you not to become a pawn in this game the consequences are too great lakewood taxpayers deserve a voice in how their tax dollars are spent and whether their loans are repaid and future residents deserve to live in an area free from additional abuse by special districts such as big sky toilet flushes deserve a voice in how their sewer tax dollars are used in the world paleontological site known as dinosaur ridge having no unified voice of its own deserves protection from they mean from the municipality that stands to benefit greatly from its preservation three years ago many of us in this room along with about twenty eight thousand of our friends and neighbors told us and county commissioners know two car dealerships at dino ridge to their great credit the commissioners listened now it's your turn to listen car dealerships warehouses or any other inappropriate development and dinosaur ridge is just plain wrong you can't  to get away with this disastrous game strategy thank you mister astor do you want to speak on general public or okay thank you sir russ did you want to speak under general public hundred mister setter and i we represent the green tree metropolitan districts number one and two and the other defendants in the litigation was going to talk to you more about the settlement but after hearing some of the comment and the question about the history why are we here with no repayment i wanted to kind of go through the reasoning behind that in two thousand and seven  he city the county and karma which is now solteira loaned funds to the district's three million from the city five million six million from the county and roughly ten point five million from these were going to be repaid through planned development not through property taxes as the solteira community is paying for right now for its infrastructure it was going to be through public improvement feet in sales taxes the public improvement fee was going to come from the fee on sales of three percent or one five percent depending upon whether or not three dinos properties acts into the city from a proposed costco the costco is go generate sales the public improvement if he was going to jennifer generate revenue and this revenue is gonna be used to issue bonds that was going to be the repayment source sales taxes or public improvement fee taxes other property within the solteira community was supposed to be developed for retail purposes it was not that was the other source of taxes so if you look at the financial plan of the service plans there's a strong condition that says if development does not occur this retail development does not occur these bonds will not be able to be issued that is why we're here today there's no costco on the three dinos property the autoplex that was considered would you would have generated retail sales through auto parts that also is not there that property is not going to be developed for retail purposes and so these retail sales that was going to be fee and tax collections to pay these bonds aren't there and so that's why there is no reimbursement to date that's why the agreements were subject to annual appropriation and the ability to issue bonds and so that is that is the reason why this litigation arose and  decided to that it wanted to get paid in a different and brought the litigation and the settlement you have as a result of the districts and the three dinos trying to trying to have some goodwill to repay evening mayor and council thank you i'm kim zetter i work with russ we've been representing green tree in the litigation and i have to say i am very disappointed with the decision you're making tonight  there are there's a lot of misinformation going around and i think it's taking you down a very the wrong path this all started when which is the same as brookfield sued green tree to get its share of what it spent on the interchange or what it contributed to the interchange you had also contributed to the interchange and so did the county when brookfield sued green tree we were concerned that the city in the county were going to get nothing back on their investment we insisted that the city and county be brought into the litigation so that we could come to some reasonable settlement so that you would get to participate in the payments that's where we are today as a result the city's been involved in these settlement negotiations from the start we've been involved in the litigation for well over a year i believe the city was brought in last july and hopefully understands what's going on in addition to finally reaching this settlement and our effort to get the city involved to make sure you get some repayment rather than us paying everything to brookfield there are several reasons why this settlement is to your benefit first of all it guarantees that the city gets its share of the repayment you're likely to get your three million dollar investment back and maybe a little more it's possible that you won't because as russ has told you there is no source of revenue because the  the sales taxes are not there the development is not there the solteira property was not included in green tree as it was supposed to be under the initial service plan for green tree without  your intergovernmental agreement with green tree is based upon something called appropriations you heard russ mentioned that your agreement with green tree is that you get paid whatever green tree is willing and able to pay that means if we're paying solteira everything you get there is nothing left to pay you this settlement resolved all that by giving you a share of whatever we can pay secondly the residents of the city are not included in any district any mega district and they pay nothing for this settlement that pays you back third the settlement ensures that the city is relieved of sir in anybody else on public comment please come and see the clerk thank you mister mayor i'm grateful to you that you were willing to allow me to speak thank you very much interest that has been the amount that has grown to five point three million city council members must initiate actions to get the full loan with interest paid back and well before forty five years if some twelve five million tax surplus from approval of ballot to d is important to liquid getting back the five three million interchange loan should also be equally important iowa gary extends his appreciation tonight to all city council members who recently voted against forming a new metro district in rooting out rooney valley for indigo by cardell be aware rook field is now trying to extend the boundaries of big sky to include indigo and much of what remains in the rooney valley definitely a special districts any way you slice it brooke fields recent actions to modify the big sky iga with green mountain water sanitation district is another example of special district abuse how much more can citizens take from brookfield while lakewood looks the other way liquids council members must not accept the big tree big sky green tree settlement you should not allow the spread of debt across the full rooney valley well brookfield and the three dinos escape without any liability a more fair agreement is paramount and i think in my opinion you could probably get one that is fairer and mister greaser thanks you for your attention and i do too thank you thank you okay all right anybody else under general public comment all right i will close public comment and i know mister abel you wanted to speak to the parking a couple of things right now con mutual has a project going there i don't know how quickly we can get to work but if we can use the remainder of the time that con mutual is working on night maybe we can launch this thing s such they'd be open to the churches as well so thank you  benjamin we make sure that we have your information we can we can have somebody get in touch with you and talk about some of the issues regarding that area or councillor harrison if you want to jump on that and yeah okay so councillor harrison will get back with you and and see if she can get engaged on that issue we also heard something about the crossing the raised crosswalk on th and garrison there's a lot of those needs and i think you heard earlier you know and we've heard from council members up here neighbors as well as the principal at lakewood the need for some sidewalk amenities also on independence so maybe that can be something that council can look at in the future and paul the one thing i wanted to weigh in on is that maybe that we need to improve maybe some of the language we have on the pooling of time and where someone turns that in i think that was a point of confusion and when you read the information that we have on  the meeting page it's just not clear and i think that we know we've made that available to folks that's something that we all came to a conclusion and updated the council policies and procedures so if that pooling time cannot be done on the fly if we're saying that then we need to kind of go back and revisit that but we certainly want to respect that so i want to make sure that folks do know that you know you can pool the time but it is helpful if we kind of have that information beforehand it just helps us from not calling those things out of  turn but you can up to all three people can be present so if you as the speaker have three other people willing to give up their time that night they need to be in the audience you get up to ten minutes total so it's three minutes for the first two and then one minute for the last one so we just need to put some more clarity around that so folks know how to properly participate thank you thank you all right next up is the consent agenda the use of the consent agenda has been made x by coun action it contains both resolutions and first reading ordinances resolutions are items of a routine nature members of the public will have an opportunity in a moment to comment on any of the proposed resolutions first reading ordinance appear on the agenda only for the purpose of setting future public hearing dates and ordering the newspaper publication of the proposed ordinance no public comments will be heard this evening on first reading ordinances the public will have the opportunity to comment on the proposed ordinances during the scheduled public hearings on the date set tonight by the city council any council member may request an item on the consent agenda be removed for separate discussion and with that will the city clerk please read the short consent intergovernmental agreement establishing juvenile assessment center and termination of agreement with mental health item eight ordinance o two thousand and nineteen nine endorsing the projects and project funding levels in the city of lakewood two thousand and nineteen annual action plan for the community development block grant program item nine ordinance o two thousand and nineteen ten annexing certain property to be known as the two thousand and nineteen green mountain annexations located in section seven eighteen and nineteen township four south range sixty nine west of the sixth principle meridian and in section fourteen towns township for south range seventy west of the sixth principle meridian county of jefferson state of colorado item ten ordinance o two thousand and nineteen eleven to rezone land located at one four one zero zero west exposition place lakewood colorado eight four oh one county of jefferson state of colorado nineteen thirteen authorizing a supplemental approach appropriation to the two thousand and nineteen annual budget in the amount of one hundred and twenty zero seven hundred and eighty eight dollars and authorizing the expenditure of grant funds from the denver regional council  governments for the west colfax pedestrian safety project item thirteen ordinance o two thousand and nineteen fourteen authorizing a supplemental appropriation the two thousand and nineteen annual annual budget in the amount of seventy five zero six hundred and forty dollars and authorizing the expenditure of grant funds from the state historical fund for sole source procurement of professional services to prepare construction drawings for three structures in the  historic district item fourteen ordinance o two thousand and nineteen fifteen for vacating all of the right of way for south ammon street between west i apologize i don't know how to pronounce that dick of avenue on the north and east west eastman place on the south which vacated portions of right away are legally described and depicted and exhibit a to this ordinance item fifteen ordinance o two thousand and nineteen sixteen authorizing a supplemental appropriation of one hundred thousand dollars the two thousand and nineteen fiscal year to fund porchlight a family justice center item sixteen approving the minutes of the city council meetings of november twenty six january twenty eight february th city council special meetings of february th and february th and item seventeen accepting the menace of  advisory commission executive committee meeting of january nd and their full commission meeting of january th both two thousand and nineteen thank you very much that's the first time i've heard you tongue tied on i'm one of those and forgive me of city manager that i skipped your executive report so we will come back to that as soon as we buzz through this so with that i'll take a motion for the consent agenda mayor paul i move for approval of the council minutes  boards and commissions order all ordinances introduced on first reading to be published in the denver post with public hearing set through the data included in the ordinance and for adoption of resolutions except for item seven which has been pulled all of which are included in the consent agenda items introduced into the record by the city clerk well all the second real quick and just to reclassify nobody wish to speak on this correct everybody that was signed up on this spoke under general a permissible to ask a few questions on a few of these items certainly not on the ordinate not not on the yeah not on the ordinance but on resolutions ordinance is just for posting of second reading i guess that would be a noted okay so with that any more discussion please cast your vote and we'll jump over to the executive report miss hobson thank you my apologies no problem thank you i'd like to start with some really good news that you'll want to know about lakewood has been awarded as safe routes to school grant in the amount of more than four hundred thirty thousand dollars the project i'm going to read this the project will add a sidewalk along first avenue west from garrison to the creighton middle school property first avenue is a key walking route to creighton also serves parents and cars and school buses today's students must walk in the bike lane or on the street because no sidewalk exists creighton will add sixth graders at least three hundred of them starting next school year as creighton shifts to a k through eight middle school which will add more pedestrian traffic this project will create a separate pedestrian facility for these walkers that is wonderful  news four hundred and thirty thousand dollars and i want to call out the school resource officer and all the partners who are responsible for getting this money a specifically school resource officers sin cindy koon she's been a key advocate for this improvement so thank you to a cindy koon other partners in the grant application included jeff co county schools the creighton middle school principal creighton parent teacher organization west metro fire which has a station on the southwest corner of the intersection of first and garrison can you picture that jefferson county health department bicycle colorado which will work with creighton on some educational efforts as part of the grant commitment and see dot which makes the grant decisions wonderful news safe routes to school is a very competitive grant process and without this broad supports very unlikely that the grant would have been awarded so congratulations and a hearty thank you to all those partners involved  on another note we have recently added seven new community service officers in our ranks so seven new community officers and they started last week please mark your calendars the annual police department awards ceremony is planned for may th at two p m at the liquid cultural center always a wonderful event very heartfelt the annual police department awards planned for m two p m at the lakewood cultural center another piece of good news the police officers standards in training board reviewed liquid police departments jeff co police academy firearms program and noted that liquids program is in quotes is one of the best in the state to train new police recruits there's a lot there to be proud of and finally as you heard tonight next monday april st we are having a tour of the quayle street shops it starts at five thirty food will be available at five zero upstairs in that in the conference room that we usually meet in and that's a trick for us to make sure you all get there on time so that the bus the bus boards at five thirty so please get there at five zero enjoy food and each other's company and then we'll board the bus at five thirty go down to the shops we'll be walking around so please wear comfortable shoes and then after that we're coming back and we're going to resume with the executive session that you approved tonight so that'll not knowing exactly when that will be we're thinking seven zero so you can we can have the executive session with your comfortable shoes on so you get a pass i'm kidding so and then we'll have an executive session and and the evening will conclude and with that that include concludes my report thank you great news thank you for all those wonderful updates and council can discuss that more under under reports the court please read item eighteen item eighteen ordinance o two thousand and nineteen six the title of this ordinance has been revised nothing in the ordinance has been revised other than this title it now reads for vacating a portion of the right away for allison street a portion of the alley within block seventy eight lakewood and that portion of said block seventy eight described in book and seventy two page four hundred and twenty four and the records of the jefferson county clerk and recorder okay so with that i will open the public hearing on item eighteen mister dixon good evening so you know okay so maybe i don't need to well if that's the case then i'll just be short with what is pretty much the wrap up the neighborhood association believes that it would be prudent for the city to continue to exercise control over the allyson street right away to ensure that any future development will be less of an encroachment on the properties to the west this strip could potentially be put to use either as modest green space suitable for large trees to line the street as it does now or to be used as street parking at the city's discretion should future development underestimate parking needs which would serve to mitigate the impact on the neighborhoods such as what's been experienced on th avenue we believe reserving this right away would result in a higher quality product where it comes to its integration with the surrounding neighborhood so i did take a moment to it doesn't come out too well but this is a photo of the site looking south and to the left is where the right of way on alison street is and those trees that you see lining the street on the left are in that right of way and i just wanted to offer this as kind of a visual if you can imagine you know six storey building or so in that in that area there we think that this would provide a nice streetscape it would mitigate some of the impacts and the encroachment of such a large structure on the properties across the street to the right  and i think would just really make a much better a higher quality project as a result okay thank you very much thank you possible to put up the aerial photo that's on around page four hundred and seventy two over the packet i guess i'm not fair no ma'am if not okay um so i live at one two four five zephyr street if you do look at that aerial photograph that's meaning thank them i'm very happy to be here it's a quiet little residential neighborhood we we bought the house about three years ago we've often been concerned about what might be happening in that lot you can see in that aerial photograph a large house kind of on the north west corner that's not even there anymore it caught on fire and they demolished it i think there were people living and squatting in it they they've cut down all the big trees that are inside there i'm just concerned about what's going to go up there if we release the right of way for that alley down the middle and the things down the side i would really hope that we put in something that's in keeping with the neighborhood and not boy i hope it's not a six story building but the the thing is we don't have any idea what they're planning to develop there and and i'm hoping that having a little control from the city over what's happening there will make sure something gets developed there that is nice to the neighbors great thank you so that's all that's signed up i'll close public hearing mister smith you want to come forth and give us a little bit more detail thank you good evening way vacation essentially we are here tonight we are here tonight to ask for the city council to approve a vacation of the right of way on the site i'll get into the site in just a little bit here's some vicinity information so that it's clear where this particular site is on the image that you see in front of you th avenue is running from left to right along the top you will see the light rail station running through the center of this particular image t avenue down towards the bottom of the image towards the right that little gray street that is running north and south is wodsworth boulevard and then you can see the large roof of the wodsworth street station there along the light rail the area that we're talking about is the blue shaded area just south of the light rail just south of th avenue that's where we're talking about the right of way here on this particular site three areas that are in consideration on these three areas away obtained for the purposes of installing some kind of public amenity some kind of public feature that will will be there generally roads or water facilities utilities those sorts of things in the decades that have happened since they were acquired  the city who inherited them when we became a city has not had any plans for those particular areas and we went back and said hey are we using these rights away are these things that we need for future development of public infrastructure of any kind and the answer is no we checked in with all of our utility partners and none of them have an interest in any of those along the way so we've got these large areas that are simply on a map that exist for a theoretical reason that doesn't exist in reality so the proposals that we've had over the years our crack staff is always encouraging folks to work around those areas as if they were that they were needed in some fashion or another so the designs that we get are rather interesting because you've got this site bisected in some very interesting sorts of ways the idea here is that if we were vacate then hopefully we'll get proposals that make sense from a design perspective to be much better so that they're not trying to design around things that are no longer needed or require the things that you need to consider when talking about right away in terms of the statute and the  appropriate is appropriate does meet those requirements the vacation meets the purposes of the lakewood zoning ordinance and the subdivision ordinance it does and then the vacation promotes the health safety and welfare of the city it does in the sense that we want to get proposals that make sense from a design perspective of the site three things that you can keep in mind as well in the vacation if it is the right of way is vacated the proposed projects that will be coming in the future will still need to be a permitted land use under the mru zoning in other words anything that you could propose today would be something that you would propose after the right of way is vacated if that's the course that it takes along the way it changed it does not change the zoning whatsoever same zoning is still on the site it simply creates a better canvas or a better blank slate if you will the future development must meet all the planning and zoning requirements all of the setbacks all of the all of the parking requirements must be met a future development proposal and then vacating the right of way will not a change any of the allowed uses on the site that's the presentation that we have for you this evening there are any questions were happy to answer those thank you mister smith i appreciate that couple  quick questions as it relates so currently if a vey development comes in and they need on street parking or they would be required to have some sort of on street parking would that be allowed and allowed eise on our right away or we also hurt a park use on our right away generally we don't allow parking on the right of way at you know street parking is defined by the street ordinances that are out there but generally no parking on the right of way park use on there is subject to the setbacks and those sorts of things we would not likely not put in a public park right and and then with any sort of development they would still be subjected to the process of putting in sidewalks and other amenities that are required yes absolutely mister councillor skilling if we don't vacate the land and this might be a really silly question if we don't or if we do vacate the rights of way who then owns the land is it does it remain lake woods does it remain does it revert somewhere what happens to it becomes absorbed into the property which it's where the property is right now in other words we don't own the actual land we own the right of way over the land so you can't build it but it is currently part of the existing property right so as i understand that it's just an it's an easement but it would go back the easement would disappear the property owners could do it what they wish with that actual piece of land that's vacated within the context of the development code okay what do the owners of the land say about all this they would there they were here with us this evening we've taken the opportunity to talk with them about it generally what we've said is we would like to get better proposals on this piece of property we have a right of way that we're not you so they said chicken or egg kind of argument can we get the vacation of the right of way to get better proposals or do we go through the proposal process to wind up with this right of ways discussion down the road well i'm sort of going to pick up sort of on the line of questioning that councillor skilling had so obviously if it would it be a fair statement to say that us taking this action if we approve that it improves the sales of way you can't sell the right of way you can't do those sorts of things it's not exactly the same kind of real estate concept that i understand that but i'm saying removing that makes the prop because it gets a whole lot different uses so i'm just trying to understand the rights of way of your okay so that does offer some some additional protection so if i have this band here in this band here and i have setbacks from that then neighborhoods get less looming buildings would that be a fair statement if it were to because it's a mixed juice right so it can be a fairly significant mixed juice heavy development high density all of the development uses that are available today would then be available  and so we're proactively doing that maybe to entice rather than waiting for someone to see an opportunity yes we're trying to make this site more amenable to better proposals for development and  who's defining what the better proposals are i mean i'm just saying we've we know our communities and so i'm just trying to engine who's making that determination because i'm not seeing you know i'm just trying to who is it making it better for what is that outcome that we're trying to achieve because that's not clear to me why we're taking this proactive almost prescriptive approach the reason that the economic development folks are involved with this is because of the length of time that we've had the right of way and the ability the inability to garner proposals that make some sense from a design perspective there's a sense of that where we're working around these rights of way that we don't need that we don't no longer need so we were creating proposals that are not well designed or in the past that's been the case we're hoping to create barbar garner proposals that are better designed for the site gotcha knowing that the overlay zoning was again not something that money of the community knew how that would impact them i'm just trying to understand kind of dig a little bit deeper is it possible to remove one of them and make make an improvement is  three kind of as a group or is it something that can be considered each one of those easements individually they're proposed as a group but i would defer to degree yes you can do rights away you can vacate rights away individually okay i guess i'll just leave with a comment i have concerns about being prescriptive on the front end which looks to me like we're  specific types of things to be on the property maybe rather than but anyways i just think we're maybe being prescriptive and i tend to let like like the market to drive that and good evening the right of way is there to serve the public needs is that correct correct who is as consulting i'm sorry sir i don't know as that consulting has provided some documents on this request including that the legal description was has a label on it that says as tech consultants i'm sorry it is in the packet and there's page six of the page six of the proposal  there the land surveyor anto the i see what you're referring to now and these are exhibits that were in existence from our property maintenance our property  management folks okay it's about a quarter of an acre or it's more than a quarter of an acre in it hundred feet by forty feet i believe it's a little more than that works out to be eleven thousand and change from were there yep nine acres forty four thousand square feet so this is an extra quarter acre that will benefit certainly the community and i think if we're going to give away a quarter of an acre more or less give away a quarter of an acre that we could well we can't sell that we could ask for to make a deal perhaps we could secure neighbors across the street yes we as development were to occur obviously there's that that mom where you're working through some of those details along the way to to get those in there in this particular thing the right of way because it doesn't have a compensable value it's hard to be able to say we want to trade this for that because it still makes it i don't want to trade the property for anything but a benefit for his are for their future development so good is it possible to dedicate with ordinance and then where the property goes once it's vacated so it's really not up to the individual municipality as far as i understand to say what can happen to it or who the property owner that it can go to  they go back through records and determine the property which the vacant are which the right of way originally came from and then they will work that and determine who it goes back to so  again might might be good to have city attorney clarification on this but it's my understanding that it's all governed by state statutes and i understand that we can't sell it under those state statutes that's not my question did you want to weigh in um mister abel i think if i'm if i'm understanding what you're getting at the concept would be to for the city to retain the rights of way and then allow easements over the rights of way no i'm saying that if we vacate this right of way and give a and give him access to another quarter acre of developer property i'm going to hate to see more units ground on to it and right of way that's taken to serve the public needs i'm sure if it goes back to anyone it would go back to the original parcel and then become part of this part ever deal has worked out for this project i just like to  i'd like to have a little bit of buy in from the owner who is marketing the property that that would be used for something to serve the community because others if that is not the case i'm reluctant to give away or to add a quarter acre for more density over there libby r so i suppose i would just echo some of those statements but i guess i would also i'm just kind of curious if it's a good policy for us to be potentially giving away these or vacating these right of ways that could serve something of like an alleyway it appears at least in the middle and you know i don't know if that's a policy that were that we don't really want to see that type of  you know right of way in lakewood or not but obviously there are cities that made that mistake of not having those type of paths that's later resulted in trash on the front of the buildings and etc etc and i know we don't have a whole lot alleyways in lakewood but i'm just kind of curious if if we should be making those kind of if we should be vacating those type of right of ways is this entire square here it was on the last slide it showed the entire block basically are these properties on the sort of southeast corner are those all sold or people still live there do we know that numerous pre planning applications that have been submitted there's been four pre plantings within the last four years they just have not moved forward partially because there is a certain level of expense and in going forward a formal application and putting plans together i know these are all everything in this picture here is owned the same way so is there i'm just wondering obviously these are some single family homes on the left side and the right side and you're allowed to build up to sixty feet and they mrz ammar you right that's correct it's the mixed use residential urban zone district it's a primarily residential zone district with some ancillary non residential curious how high would you be able to build something here anyway um for this particular site you would be able to go up to sixty feet in this zone district our current transition only applies when you have a residential development or mix  in this area are all zone m are you okay it's the last thing i would just say is that i think it would be help i mean i'm not asking for it i'm just making a comment but like for me i think if i had an idea of what kind of developments have been proposed or what kind of plans people have looked at i'd have a better sense of maybe what things maybe should or shouldn't be vacated or with respect to the pre planning will again we haven't received any formal applications and pre plantings are definitely exploratory so they don't all move forward  but they have been multifamily um the most recent one was for a four cell condo development and was that primarily in the seven thousand nine hundred part of this parcel or do you know  were here okay thanks and so i would just echo that and maybe going forward to not exacerbate this but we still have some more council members i want to speak it would seem more prudent if there was a formal more formal application with somebody before us saying hey we'd like to do this would you be interested and i think having that understanding then you'd have the neighborhood that could weigh in as well so it might be a little bit premature but i certainly understand what what we're trying to do so it's just kind of trying to find that balance thank you actually this particular project is frankly very near and dear to my heart our first home was on the north side of th between zephyr and alison and frankly one of reasons we moved was because of high density apartment houses that started to come in on th the neighborhood never recovered from that and it still hasn't this area historically was very agricultural and i'm just not comfortable with with going down this road i cannot support this thank you here one thing that i just wanted to state that the owners of this property have been paying taxes all along on both what they own and also on the rights of way so we're not giving away the city isn't giving away any property or value they're the owners got that and has had it all along what we are doing though by giving the rights of way would be that they would have an additional use  that maybe the idea would be to approve the skinny narrow right of way and the triangle right of way and maybe convince the future developers to save those trees i could go for that if that would be something that everybody else would consider i think the majority of the questions that i have have probably been answered but that's the piece that i was wondering about is the skinny little piece in the middle and how anybody feels about that including  okay all right then i would i would agree with i would like to see what could be developed there because it sounds like the developments that have come in for pre proposal have been and twelve fifty five so it would that whole from allison to zephyr twelve to thirteen just about that's certainly a possibility okay i'm sorry we won't even let me ask a question okay you can imagine if okay i got to keep some order some order so if you want more information or want to continue this you can make that motion or if you  move an amendment to this you can make an amendment or if you'd like to do an up or down vote we can doing up or down b i mean if there's if there's an indication that this could be there could be a better fit to this with with the neighborhood coming on board then you can postpone it for another  my seconds removed thank you because it's part of the script i move we vacated portion of the right of way for our alison street a portion of the alley within walk seventy eight lakewood colorado and that portion of said block seventy eight described in book seven seven to page four  i second a motion in a second any more discussion all right please cast your vote item nineteen ordinance o two thousand and nineteen seven repealing and replacing chapter five five point three eight of the lakewood municipal code as it pertains to the lakewood liquor licens okay i'll now open the public comment hearing portion of this nobody's signed up anybody would speak seeing on all clothes asked for a motion there i move that we andrea i'm sorry yeah that we repeal and reenact chapter five point three eight of the lakewood municipal code pertaining to the lakewood liquor licensing authority second right we have a motion a second any good evening travis parker planning director here to present recommendations for mixed use changes in the zoning ordinance council has seen all these before i'll be as brief as possible as i run through the thirteen recommendations and just a very brief background as you're aware there have been over twenty five public meetings on these recommendations between the planning commission the ad hoc committee and and the full council  this would be the the th meeting on mixed use zoning changes the first of our changes is to the purpose and intent statement in article one this is the the section of the code that lays out why the zoning ordinance exists and what its authority is this would add a statement to the end of that list saying that one of the intents of the code is to promote mixes of commercial and residential uses within mixed use zones the second recommendation has to would update the conflicting provisions section this is the section that lays out what to do when certain certain portions of the code conflict with other portions and it would change the word graphic to the phras had a lot of debate on that the third and fourth recommendations have to do with cleaning up the language in the sections about variances and waivers this would make the language consistent between the two sections you have the the original proposed language of the of the planning commission and the ad hoc committee in the packet and you'll recall the study session there was a proposal for an amendment to riad the turn numeric so we'd use the three terms dimensional design and numeric if someone on council makes that proposed amendment because it's not in the original recommendation  recommendation five would update the purpose and intent section of of the of the mixed use area excuse me of the of the mixed use zones and it would add a section at the end of those purpose and intends to say that makes  shown should comport with the character of surrounding neighborhoods including compliance with the conference a plan in any associated neighborhood area and corridor plans recommended change number six has to do with the mixed use employment zone and this is the recommendation that would require multiple land uses on large sized parcels so the current recommendation would say that parcels above a certain size and council has yet to determine if that size would be three five or ten acres those parcels would have to have two or more uses on them and fifty percent of those uses would have to be employment you do have i think a potential amendment in front of you to this recommendation oh and i should clarify one error in the report the the report of attachment a contains two items sevens the second item seven is actually a corollary to this recommendation so if this recommendation is adopted to make changes to emmys zones one of the things that needs to be done in conjunction with that is to change the table to change the the from p to l from permitted to limited the uses in the table so the regular recommendation seven is a product of the ad ho committee and would be to require thirty percent open space for any residential only building in a mixed use zone currently they the open space requirement varies by zone and it's consistent within a zone for all types of uses this recommendation would change that and when a single use residential building is built in any residential zone they'd have to meet the same open space requirement as the makes you as the multi family residential zone which is thirty percent  recommendations eight and nine would modify the language and the table for the mixed use residential zone this doesn't actually change anything that any of the rit rules in the multi family residential zone but clarifies the table to match the language in article five article five limits the amount of commercial that can be built in any mixed use residential zone and currently article for th the use table has all those commercial uses listed just as permitted and the this recommendation would change them to limited and reference the sections in article five that that actually limit them to twenty or thirty percent  recommendations ten or eleven are to create a new single family residential zone r this recommendation originally came from public comment to the planning commission at our open houses and and through various proposals  the currently our residential zones are have lots of various sizes but we don't have any single family residential zones that will allow lots below six thousand square feet and yet most of the infill development that's happening in lakewood at this point our proposals for lots less than six thousand square feet when the zoning code was rewritten in two thousand and twelve the mixed use neighborhood zone was written to accommodate that and so it allows single famil zone single family homes on with no residential minimum so generally now when we get new single family developments they propose a resonant a mix mixed use neighborhood zone one of the requests that we've had from communities has been we like some of these proposals for small lot residential you know patio homes however we don't like the fact that they come with the ability to do commercial uses in the mixed use neighborhood zones so we've had a request to create a small lot residential only zone and so this proposal would be to create a single family zone with no minimum lot size that would allow smaller homes they'd have to meet you know that all the foundation and other requirements of the building code  but what it would allow them on on minimal size lots or allow multiple homes on a single lot if there's you know single family structures recommendation twelve would be to update the mixed use description the language on the screen is the on the top was originally recommended by planning commission the ad hoc committee has recommended a potential amendment replacing the yellow language from the top section with the yellow language at the bottom of the screen and i understand there there are potential further amendments available to you this evening as well as finally recommendation thirteen which would update the mixed use definition at the end of the code again the top language is the planning commission recommendation the ad hoc committee had recommended changing the yellow language from that with the yellow language at the bottom of the screen and my understanding is you also have hello i just wanted to make a few points i would really like to see the multi use zoning use table be amended to so that it classifies multi family residential projects as an l not a p he mentioned another part of the zoning ordinance but the part pertaining to multi family residential that it be converted from permitted which would allow any density limited and then it's important that the residents of lakewood in general would prefer less density so i would like to see the city set residential density limits so i don't know if we're done with this i would suggest we defer this to another session where we could have it earlier on the agenda and have more public comment because i'm sure other people have comments but another reason for putting it on the agenda is that i don't think it was fully described when the sajama said amending the lakewood zoning ordinance that's a little bit general and maybe people didn't really understand what we were doing so i would like to suggest we revisit this in another council meeting and allow the public to comment on these recommendations that  were summarized and i would like to see us change the use table for the multifamily residential to l rather than p and to limit our residential association of metro denver and so i know i've sent a letter in with our comments but i just wanted to be here tonight to just maybe explain it a little bit further we're a little concerned about the minimum requirement in item one of section seventeen point five point three point six point s because thirty thousand square feet is approximately thirty dwelling units we believe it would be really hard to attract commercial development with a small  complex of apartments or even condos and so that was a concern for us we also want to clarify in the code rather whether the requirement for multiple land uses on the parcels depending on what acreage you all  choose applies to or overrules the pud the language was a little vague according to our members additionally in the employment type land use it says it must comprise ten to forty percent or more of the proposed land uses we think this number is high five percent would be more reasonable we're concerned that the high requirement made devalue existing retailer commercial uses and then regarding the open space percentages we would request that you keep the current requirements and because thirty percent again seems like a pretty aggressive percentage and then kind of regarding workforce housing or that missing middle housing that we're all trying to find in the different cities i'm currently large multifamily dwelling units have traditionally been for rent apartments based on our condo litigation laws in colorado however if a condominium project were to come in it would be difficult because you would  have for sale product that would be managed by an hoa but then hoas don't manage commercial and so if you've got those two components in the same building we think that that would be really difficult and it would also limit the ability to build townhouses because you can't put commercial below townhouses so you'd have to reserve a large plot of land just for a commercial so we just wanted you to keep that in mind when you're looking at your amendments this evening and again i think the zones the way i read  it are on the major arterials but we obviously wouldn't want this type of zoning to be in a residential area that isn't attracting a lot of traffic right that's not getting a lot of exposure so those are our comments for the most part we're pretty happy with it but we'd love it if you would take those into consideration thank you so much for your time this evening great thank you i hadn't planned to say anything but i think i will just very briefly suggest that keep in mind that developers do tend to take to consider the property as  an isolated element and tend to fail to recognize the surrounding areas and how it needs to fit in with the surroundings so the you know the point about density i think that the developers might see a real potential to identify but they're not taking into consideration they the greater area and the impacts that it might represent to that thank you okay thank you anybody else all right i'm going to close public comment because there is no more and before we dig into this discounts want to take a ten minute break okay so for council if you're following along you have your packet and then you also have the side by side with some proposed language so we'll start going through all those when we get to the proposed amendments i'll have councillor skilling weigh in and then we will do a voice vote on those and try to adopt this as clean lakewood zoning ordinance relating to mixed uses on second okay so one one second mister graham did you catch that motion does it need to be clarified into the actual code numbers twenty nineteen eight amending the lakewood zoning ordinance related you to relating to mixed use zoning it second awesome i appreciate that okay so here we go item number one there were no proposed changes in items looks like items one two three and four so no changes recommended other than what you see isn't it possible for us to have text and a figure that match i mean i'm kind of a visual person so when i see something i look at the picture and it just seems to me that they can be congruent i don't know why we have to have it's that if there's something here and then language that that to me is confusing no i appreciate that and i think there was a discussion related to that in the committee so mister parker it's certainly the text and the graphics are meant to match and generally do i think this is the contingency if something is wrong or determined to be wrong then we go with the t but in every instance that we're aware of that and and our intention is that all the text is and the figures do  match i guess i would feel more comfortable if it was more definitive that they will match not that we try everything they will thank for the benefit of the audience and for all of council we had the mayor and i had discussed the best and most efficient way to go through this from a process point of view and the the best process that we've come up with for tonight would be the attachment a that's attached to the ordinance has items one through thirteen listed on it and those are the items that mister parker presented his slides from so it corresponds there are items one through thirteen up on the overhead projector i have proposed certain amendments to some of the items specifically five six the the double seven the extra seven that will need to renumber that relates to a p and an l and items twelve and thirteen the red line that counsel has been provided tonight  as well as what's up on the projector that we will try to make sure also follows the conversation those red lines and those amendments that i've proposed i would like to discuss as we get to each of those items as part of our introductory go through each of these so that we don't have to have duplicate discussions that the proposed amendments will be part of it so if anyone wants for example  item five is a good example item five in the packet and the proposed attachment a item five has things like  has the purpose and intent well in the amendment that i've proposed would eliminate all of the purpose and intent language so that is what is expressed on here it then also would add a short historical paragraph to plainly define what mixed use districts are and i may add that many of my amendments the goal is to get rid of aspirational language where appropriate and get rid of ambiguities and i think with the proposed language we have accomplished both of those things hopefully so with that kind of a caveat or introduction that's how i propose that we go through them  as the mayor stated items one through four there were no amendments to that but obviously everything is open for discussion and i am aware that r there may be an amendment  to take that out of this mixed use discussion table it for a future discussion related just to that as it may not be ready for primetime just yet so with that thank you very appreciate it all right well with that we are actually on five unless anybody wanted to change one through for mister parker just to call your attention back to the study session there were some council proposals to amend three and four to include the term numeric and that's an amendment you'd have to make well but yeah but that would be adopted as amended correct but because i don't you you're not saying there's options you the the recommendation sent forward from the committee did not have the term numeric in it the full council seemed to want to add it so it would have to be added through an amendment get that but there's also but no such luck okay counsel what would you like to do on three and four doesn't have it mister parker fours neither one has the numeric in the proposal you the suggestion we heard from counsel would be that you would add it where so where it wherever it would say dimensional and design standard we would make at a comma dimensional design and or numeric so we'd add it wherever the other two terms are dimensional and design problem is i think where the confusion is under a you'd see what i'm talking about that today it's in the code and the proposal from the planning commission and the hat hoc committee was to remove it and the discussion at the study session was to keep it in so the recommendation before you now is to remove it you'd have to amend the recommendation to keep it in twenty percent of the demint of a development stan the proposal has the word development standard so the remaining our remaining would be development standard dimensional standard or design standard right excuse me i need to ask a quick question if i could wouldn't dimensional be a number we're talking about design standard and that's dropping out and that's why is dropping out because you don't you can't get twenty percent of a design standard what or can you it's not dropping out but it's being moved to minor because you're right you can't okay so we don't need a motion if we're gonna keep it out okay we cool all right thank you so that covers three as i had mentioned in the introduction item five do you want me to come should i go down there and do this your pleasure well i just want to be able to show i get it okay so item five is the entire first page of this so item five the initial recommendations that were in the packet has in addition to the existing purpose and intent was to add an additional letter the committee was concerned that the character of the surrounding neighborhoods was not being considered however based on the study session and what we heard from that from fellow council members it was determined that the best practice that we should strive for is to remove as much aspirational or meaningless language possible the entire purpose and intent section is probably best described as aspirational and only gets us into trouble therefore instead of adding as item five of attachment a suggest adding the f to that to have the comport with the character of the surrounding neighborhoods my amendment would remove the entirety of the existing seventeen point three point four one purpose and inten and would also add that first paragraph you see it's seventeen point three point four that paragraph describes what is the goal of mixed use has used in the context of lakewood zoning since two thousand and twelve i believe that it eliminates the ambiguities because it speaks plainly to what our goal is i will also note i forgot to say this at the beginning now as good a time as  any that i and the committee and i think all of council recognizes that none of the fixes that we're making tonight's of this are going to be perfect i'm certainly not in favor of deferring this any longer or kicking the can there are projects that are being built all the time and we need to address this now does not preclude further changes in the future and further revisions and i'm sure that folks will have other ideas as we move forward however i think that given what we talked about with twenty six some odd meetings there was on the committee have spent a lot of time as has staff in coming up with a lot of these recommendations and as has planning commission so with that this is at least the proposed amendment is in direct response to what we heard at the study session that it did not do enough that the changes did not do enough to remove that aspirational language and the ambiguities would still persist therefore that is why i'm proposing to amend item five as you see on the red line so with that explanation is there any buddy on council that would like to change that or ask questions about it okay okay seeing none so if we better do a we better do a item five to reflect the language that's in the red line copy is that good enough or do we need to read it you're gonna make me read it no i'm not gonna make yareta thank you  but you're also deleting language all that aspirational language so you should that should be part of the motion as well so adding the language identified in nine and five and we're deleting the language identified and not it in item five of the red line that you've presented to council then i moved to amend attachment a and specifically item five to adopt the red line additions that are proposed and motion and a second does anybody need that motion repeated please cast your votes counselors johnson and franks that's how we do in lakewood five hundred and sixty seven page packets i'm just teasing so five page five hundred of the packet there is item six which refers to amending language to seventeen point five point three point six point f is what we heard a little bit from in public comment and also we heard in mister parker's presentation there were two different proposals one from planning commission dealt with the thirty thousand square foot and the commercial and residential mix there are two and then the second part was what the committee had actually dealt with we struggled with this for a long time we talked about it the study session is we had bracketed as a committee how would we come up with mixed how would we mandate that there be mixed uses in those mixed parcels where we where we want more than just a single use and the committee had come up with item two there which had us deciding whether that would be three acres five acres ten acres and then within each of those what percentages we would actually mandate be more than one use better way of doing that is to propose that as you see up on the screen there and in your in your the amendment red line that all of item six be deleted and in its place the new section of seventeen point five point three point six point f be added and that in all of the emmy zones so the mixed employment agrees that we want to see more employment based activities in those particular parcels you can build as much employment based as you want you can go single use all you want if you're going to build residential however you are going at the fifty percent which would then require you to more than one use the old way it was pointed out if we did the three year the five of the ten acres if you had somebody that wanted to come in and do exactly what we wanted on a mixed use employment which is build some kind of campus or commercial or what have you they would be unable to do that they would have to build more than one use this accomplishes all of the goals the council has expressed that the committee has expressed and that the public has expressed and i think this does it well so with that i just want to make clear that item six as you see on your screen all of that language would be deleted and in its place you will just  have what is what amounts to basically the the two sentences there so with that and before you make a motion if there's no questions would you just want to add that next one okay so what i would propose then also is we have the i have the sick after item seven that's the typo in the packet there's two item sevens so how we would remedy that the second item seven deals with changing the peas to the  as it relates to these emmys so because we are putting in a restriction on these mixed use zones that p that would normally be there for the residential would necessarily be turned into an l because we are attaching this rule to it that second item seven probably best to move it within item six and then we can take item six altogether that would combine the red line item six and it would combine the existing second item seven in the packet everybody following along with that to delete all of the existing language in item six all the proposed amended language in item six and replace it with the red line language from the proposed amendment second mister graham and i want to make sure there's a that it's clear that the language under the second item seven that is now going to be moved into item six as part of this motion that language is not going to show up in the municipal code in other words we're not adding this to the zoning code we're just making that change and the reason i want to make that clear is because the way it's we have it drafted right now you have a number one and i want to make make it clear that what's coming from the second item seven is not going to be item two it's simply just there's no tax that's going to be added through item seven number two or the second item seven so continuing the motion i would propose as well that we amend the table seventeen point four point one to reflect the change made by the adoption of seventeen point five point three point six f of the redline and specifically that that will change the table where there are existing peas they will become ells in accordance with seventeen point five point three point six point f has adopted yeah remove your second from the first and i removed my second from the first amendment in a second the second the in our tables where there is a p that is a permitted use and there are no other restrictions unless otherwise asterisk so that means for example if there is the existing code in prior to tonight in an m a zone you have our mf is listed as a p it is permitted by right to build that that has led to the single use building in those emmy districts by adopting this change and then also making sure that as a housekeeping matter that table changes along with it that p would become an l which is a limited use and what is limited is there are rules that are now attached to the rmf and that goes for all the peas and ells in the table if it's a p it is permitted by right if it's an l that means that it's referencing some other rule that you must abide by and in our code that is referenced so that either by asterisk or it'll reference a particular provision in our code that is what this would do there would now be an l and it would reference directly seventeen point five point three point six point f so if i had for example an emmy district that i owned and i wanted to know what i could build on there if i for example wanted to build a multi family residential if i look at the table prior to tonight it would say a p and it would be permitted tonight if it passes it would say el and i would then be reference to seventeen point five point three point six point f where i would now be told that i cannot exceed fifty percent of the total building gross floor area that was very thorough thank you very much we have a motion in a second any more discussion please cast your votes all right my passes ten eyes zero nays and therefore that would then take us to the real number seven which is the open space percentages and then items eight and nine any issues with seven eight or nine need you need an amendment on nine i don't have any notes of amendments for nine so number ten why don't we explain it and then there's been a request for a motion to so i can briefly explain the ar ten doesn't necessarily fit in the mixed use discussion although i think we discussed it contemporaneous with our other discussions the ar ten is meant to be as i understand it and again this did not originate from from our committee this was a planning commission recommendation as i recall that the ar ten is the current is a zone that does not currently exist in lakewood but it does allow for single family only and that those single family residences would not have the same restrictions on the size of the lots so that you could have much much smaller homes that would be the benefit that you can actually build as i understand it you could build townhouses or patio homes or what have you that are that are detached but have very small amounts of space in between each and that these smaller homes there may be a need for those because those could provide ownership opportunities entry level and senior who are looking to downsize and you don't want to maintain anything some people could care less about yards and this is one of those things it has the minimum size of the lot is is zero and the front well you guys can all read the setbacks they're smaller than in some of our other zones but the key is there's talk about the tiny homes and all of that except that the the same foundation requirements and the construction requirements we have in all of our other residential zones my understanding is would still apply so nobody's rolling up a tiny house on a trailer and dropping it in lakewood they would build foundation and they would put it on on that foundation now with that there has been a lot of discussion about what all that means examples of it as of now there are none of these zones as i said earlier in lakewood it would be added to the toolbox of different types of housing stock or i should say zoning different types of residential zoning that would be available if somebody were to rezone into an ar ten it would have to get approval by council but with that said there has been a lot of talk not only in the public but elsewhere that maybe this isn't quite ready for primetime and that there needs to be maybe a whole separate discussion where council could actually look at some examples of these and really maybe take it out to ward meetings whatever it is and really get some more input on it before we move ahead and since this doesn't fit necessarily into the mixed use discussion squarely i don't certainly don't have any problems with that thank you so for clarification if this all but yes i would like to have a motion to pull this from discussion tonight and i've got some good reasons why a lot of them you already said this is a new concept  oftentimes these are referred to as tiny homes i think that some people feel that this could also be a patio home but i think we need clarity for that for one thing and from reading and doing investigation into other cities it seems to me that we can learn from them this has not been around that long let's kind of pull back and see how it works in other communities before we go straight into this i think it does need a lot more discussion in our community a lot of people aren't even aware that this is even being looked at tonight let's take it to our ward meetings let's give it some  when i think of this frankly i think of tiny homes and when i was speaking with councilor roybal earlier we've got parking issues with this when you have such small land for homes we're gonna i just see all kinds of issues coming up plus the schools the impact for the last year or more all i've heard about is high density and this to me is just another way to to be looking at creating a different type of product for high density if you will i think we need to pull this and we just need more talk about it more thought what we're doing to our community really so i'll come back and let you make that motion we have two more mayor i'm gonna ask that we would not pull it and here's why i understand that it may not fit in tonight's discussion about mix juice and i'm okay if we move it to another night to discuss but i don't want to lose this because i really do believe this is a very viable option to be considered it may not fit in your neighborhood but it might fit in min or someone else's so i'm not sure that i want to give this up yet and putting stock cracks around it so that we have a better idea of what it looks like i can i can support that but i do not want to completely take this off of our list and never do it i think it's a real valuable tool for future homeownership i agree that it can be a very valuable tool that's used in the proper place and that's one of the reasons council would have to approve it my concern is though that i would hate to see three empty lots in the neighborhood of single family homes our r zoning have a single lot thrown in there that would be redevelopment areas and it could help over folks who don't want to care for a large house in a yard a lot of these tiny homes are more closely appointed than  house so i have no problem with the concept i have a problem with using it in the wrong places and i think we need to discuss that angle but i agree with you in this harrison that we could solve some of the concerns we have especially with affordability and attainability elsewhere the beer i would just echo briefly with everyone else and what they've already said about this and this is purely hypothetical but there's potentially in certain wards places that this would be ripe for that perhaps have unsightly places currently purely hypothetical though so i think i think there's a potential use i do think we got to figure out a way to obviously put in the right places and and i think the committee knew sending this up here it was not you know a hundred percent ripe and ready to go it was we need to get the discussion going so i'm okay with moving it down the road and things thank you mayor you know you guys brought up a lot of good points and frankly i agree with a lot of them but let's go ahead and take a look at in the future and some of the issues that we have to deal with and one them is parking and with all these small houses and the next question is where is what are we going to do with parking and another issue is let's say if you decide to create a garage the average person doesn't have money to put it there their stuff and storage so they use their garage and they put their car on the outside these are some of the issues that  like it or not we're gonna have to take a close look at it and say you know maybe we should talk about it a little bit more to figure some of these issues out before we move forward in and i would caution it all of us to methodically take a very strong look and let's do it right the first time and that's what i'm asking so you know let's just pull this back have more conversation with our community and maybe we can get some good wisdom from our community and and some buy in and move forward from there thank you all so vincent yeah can i think everybody wants to talk about it but i think we're afraid of losing it so far down the road and i know there's some projects i think that are coming on for patio homes which i've heard from council is a necessity or there's a need out there in the community so do we come up with when w the housing committee oh i don't mean housing committee i mean yeah the committee come up with discussion on that so it doesn't go too far down  i mean yeah we have we have a full agenda so we pull it off and then we'll just have to weigh this against the other twenty priorities that we have just given staff as well as a potential parking management study as well so i think you know there is you know we certainly want to get it right we also are realizing that we're not setting this zone tonight on any piece of property in the city just another tool and another opportunity so  it very well could and will get lost and that's just the way it is we'll have to prioritize that depending upon how that goes councillor skilling and  site design coming up we will have discussion at that point at site design i don't think that site design based on the conversations that we've had previous whether it's committee or a council is going to be anything super controversial we could perhaps discuss with staff whether or not it's doable maybe carve out a piece of our site design and i'm trying very hard not to step on anybody's toes sitting in that row there but i'm just throwing that out there as a way not to get it lost that's just one idea it would fit well  advantage let me add a little more definition so the advantage would be that there's more time to go out to ward meetings into the public to hear more about hear people's opinions about r oh is that the idea  r is that the idea with kind of packaging it with site design rather than with mixed use because you're right it doesn't have a real natural fit and in any of these but could be but could be attended to in any of them yeah i think it would be somewhere in between i don't want to push off site design just that we can discuss r because like with the mixed use and with the parking we do need to address these things and not push them out and i think site design may or may not have a home right now on the agenda i think it it may i think it does and i think that what the the happy medium would be is between now and then is having discussions having public at least that will give time to discuss it one way or and but it won't but just be kicked out into the ether if council doesn't like that then i guess we could kick it down in johnson i just wanted to quickly and i definitely support moving it down the line i think that we certainly need to probably come up with some visuals so people can see how parking problems are solved there are absolutely ways that communities have done that there's communal lots there's you know some of these aren't designed for people who drive anymore and so you just need visitors parking but i think that we don't have to make this a big herculean effort i think it makes sense to put this in our toolbox i think it absolutely does i just think if we just put some real parameters around that and be able to give the community some well here's some common problems we've heard how would you solve parking or how would you solve these other types of problems but there is demand not that my husband's gonna sign up for this but i really want to live in a tiny home but he's not gonna let me so that's it well s thank you and i appreciate all of the really excellent comments that all of you have made when the development dialogue started it was based on angst because of the rewrite of the zoning ordinance in tw twelve we are trying at this point to correct some things that we have found that that we didn't get right the first time this is a whole new project a whole new idea i'm just saying now is not the time to add this to what this discussion is about we we need to understand it more we need to get more community dialogue on this and it might be a very good product for lakewood i'd honestly don't know but i think we let's stick with what we started to begin with that was the development dialogue and and changing some things that we didn't get right the first we're adding something else that could cause all kinds of things that's all so councillor johnson how about your motion reads that you would like to move to remove item ten in its entirety  hundred from number eleven and send to development dialog what was the what was the section design guidelines further discussion and two that other language okay so your motion would would be to remove items ten and eleven in their entirety and refer back to development dialogue for further discussion under design standards know what you some motion in a second please with development dialogue site design conversation so the first reading of buildings building and site design is scheduled for april nd with the second reading being i believe i heard the motion was to refer it back to the committee to have a separate discussion which as the chair i am certainly glad to have and have an entire discussion about this to get it ready all the public or of course welcome it takes the stress off of trying to fit this in by april and the committee would be more than happy to take this on so i think there's flexibility in the motion in that we said you want to take it up under design standards but the community can decide if you need more time or not fair can we as part of that discussion have answers to the questions that were raised here tonight our responses to the questions i believe that would be restricting it discussion committee and ready well i was hoping that staff could bring to us some suggestions to enable those suggestions that were made here tonight and then we can add any questions that sure we can provide all of we can go back and review the tapes and listen to all those requests and one of the one is a visual i think i heard from councillor frank's we can sure do that and then have that conversation at the development dialogue meeting and if it fits if you're ready to go we can incorporate that with the building and site design if you're not ready and you need more deliberation then we can put it within topic after that which is what parking housing wrapped up the parking so forgive me the housing which is actually fits in so okay so wherever that fits that gives you the latitude to determine how much time that you need to have those discussions and i will volunteer as the chair to take the laboring or on getting with each of the council members to figure out what their concerns were so that nobody's watching tapes appreciate that no i  specific concerns and i think i know what they are from listening to counsel yeah i would agree i think that's important if you have questions related to this instead of stuff going back and looking at tapes just send them directly to  that's an attachment a of the packet on page five of three has some added language to the seventeen point three point four point twelve again seeks to get rid of the ambiguities and spells out while it does describe them which is important to distinguish between the different types of mixed use  what i've added there removes any ambiguity as to single use mixed more than one use etc for example on the on the redline sheet the proposal on a mixed use neighborhood i've added the words allow so instead of just saying its intended to accommodate it is now attended to allow and that the mixed use buildings and projects are encouraged but not required so that's what was always missing in the zoning before is that when folks would go through and look up what a  example was they would read all about mixed uses and then all of a sudden there's just a single use building going up and you say what gives so the goal here in connection with that  in those areas where it is not required to have actual mixed use buildings questions guess we could somewhat well just make the motion that's cool a motion to amend item twelve of attachment a to the ordinance to adopt the red line changes where the change is made in the red line sheet of the proposed amendments under item twelve second motion in a second any discussion please cast existing didn't necessarily help define and this is more or less clean up you'll note that the the language from item five which was the plain english paragraph as to what next uses as used in the lakewood zoning ordinance is then copied into item thirteen which would then be the definitions so we're not going to have competing or differing definitions it will be consistent with how it was if you look in the definitions part of our ordinance will be the same as if you looked in seventeen point three point four it's the exact language any a motion that we amend attachment a to the ordinance item thirteen to remove the attachment a language and replace it with the redline language proposed in the redline handout second okay we have a motion a second any discussion please cast your vote passes ten eyes zero nays all right so before mayor pro tem abel makes the final motion to adopt as amended is there anything that anybody sees staff is there anything that we in the mixed use descriptions does this in addition to the new general language at the top of that section that was recommended or is this in lieu of if you look  there was a new paragraph that was being recommended at the top of that section starting at with the integration thank yous that tracks and then so i'm looking at the so under seventeen point three point four in our existing code seventeen point three point four is in bold and then it it's colin mixed use districts that's what seventeen point three point four says right now the proposal that we adopted in item five or the amendment that we adopted still has yet to be voted on the that would go right under that section seventeen point three point for mixed use districts there that paragraph is inserted seventeen point three point four point one that exists now starts with purpose and intent and there's nothing in between those so now there would be a paragraph this would the purpose and intent would disappear and then seventeen point three point four point two is what we've adopted in twelve now i've got two questions  does seventeen point three point four point to become seventeen point three point four point one yes but i didn't as part of the amendments i wasn't doing changes to the numbers but this paragraph that was the planning commission recommended new paragraph that just goes away and we'd have the paragraph that you've got an item five and then the list you've got an item twelve and that's the entirety of seventeen three four yeah s three four it has the introduction language that says mixed use district descriptions in item twelve that we've amended there is two sentences now okay and then yeah then under those again okay all right so now we have a motion a second um i'm gonna have some comments frame a wants to weigh in i just really want to thank again everybody who's been involved from the planning commission to the residents and to this committee that's done a great amount of work travis thank you to your team for helping to assist in and get this to where we are and and councilor scaling your group i mean you've taken a lot of time to go through and make sure that this is something that could be amenable and i'm assuming will be adopted and adopted in a way that many probably didn't think could happen when it all started so that that certainly means a lot and i would echo back to item ten i do think it's of great importance especially when we talk about tiny homes but patio homes we certainly hear all the time that this community desperately wants patio homes and so i think it's important to to revisit and then i would just as an aside i think this this goes to a lot of the misinformation that's in the community we received a bunch of emails saying that we were creating a new super high density multi family residential development zone right i mean come on that's just a fear factor involved to get people riled up and build off some of the serious issues that are actually being tackled tonight here so again thank you to to all and i look forward to supporting this  i would like to first thank the council members that were on the committee i've got some council members that are on that committee that are on every committee for whatever reason because they just can't get enough and they're very tired and i appreciate their efforts and our scheduling is often off the cuff and we do our best to try to account so i thank you all for that especially those of you that are on every committee and thank you to staff to  travis and paul and greg and laura who takes fantastic minutes and thank you to all of them city manager's office for getting us scheduled  i'm tired i'm tired so i'm thinking it's like i need some play out music because i'm accepting something but i do want to thank again just thank you to staff and every and all the council members who participated in this if this was a long process and really want to just point out the planning commission really did the heavy lifting with a lot of this too and so i just like to mention that and staff obviously as well so just thanks for all the work that everybody's done and thanks for our chair for taking the bulk of the the tough asks like trying to read all these amendments in the middle of a session so that thank you they're pro tem abel well there are half a dozen join us and bring all your friends the more voices we have in this committee the better job we do okay any more all right oh councillor johnson i'd like to thank my mother and my father and my first grade teacher and councillor skilling betta and johnson would love to have your votes alright passes ten eyes zero nays congratulations it's a big step okay anything under general business okay council reports so council i mean we've been really busy and it doesn't always lend itself during late nights but we started out a pretty good habit of giving committee updates and so you know maybe you can give me your feedback on what nights you'd like to have that but certainly everybody up here is on  either a committee or two internally or externally and be nice to have some nice updates i did send out an email a couple weeks ago about the census and putting together a complete count committee and i was hoping to get some recommendations from you as to some folks that you think in your awards would be a good fit for that please please please give that some thought if you can i need to get that that committee formed and get them into action and you should have seen with that an attachment that listed out the duties of the complete count committee if you need me to resend please let me know we heard tonight lakewood speak somebody said that everybody hadn't had a chance luckily travis got us before the meeting those folks who haven't had a didn't have a chance to weigh in and i think everybody got the opportunity this is the second time lakewood speaks has been used amongst council and it's a great tool and will probably take a couple couple meetings for everybody to for everybody to get into and settle down i had the opportunity today on behalf of the city and the metro mayor's to attend the fourth meeting of a committee that the governor's convened to address education and transportation and there's not a lot to report but i will continue to the committee or the community up to date on what that might look like i will ask the legislative community potentially look at i think they may ask for a statewide d bruising and that be something that the the legislative committee would be weighing in to see if that's something the group would support and then again thank you to everyone who really worked hard to get this meeting done it's almost we were did a really good job tonight so i want to just thank everyone and everybody tried to work hard to make sure that we stayed on pace and found opportunities where we could to to speed things up and to consolidate and to really make this flow a lot better and then last but not least please please please slow down please pay attention on the roads please don't text while you're driving if you're please try to use the crosswalks and the sidewalks and watch out for your safety unfortunately the string of vehicular and pedestrian accidents has continued and we need everybody's help in cooperation to try to turn this it's it's very unfortunate and heart goes out to all those who have been affected in in all of this so please slow down arrive alive you know an extra thirty seconds is i'm gonna it's not gonna change your day but it could certainly kill somebody and we need to keep that in mind so mayor pro te our report comes for skilling yes thank you to all the community members that have come out to our last two parking meetings that we had in the development dialogue committee and well thank you to the public for coming to all of our  committee meetings as i've said time and time again it is the most attended committee that we have in all of lakewood maybe statewide don't know but it's very popular our parking committee  unanimous vote of that committee we did request a council action to look at the parking management plan so that was put into the system so that's my report there but again wanted to really thank the community for coming out to all of our committee meetings because this minister abel pointed out in that committee room we do take a lot of those things we have the time and it's the right place to really interact with the community about specific items that they that they might have so thank you thank you and that recommendation was forwarded and it will be coming out on the agenda i will see that come into play and certainly there'll be some different things associated with that such as probably a fiscal note as to what that might cost and also putting that in priorities with no report so frank's just a couple notes i wanted to let folks know that one on the lakewood speaks org you do have until noon on the day of to put your to kind of list your comments out there but those are moderated and just keep in mind that some of us on council work full time so if you can since the packet comes out ten days before it's great if you can put your comments in sooner i'd love to read them over the weekend and also just wanted to note that for those that reached out to me if you ever notice that something that should have been in the packet isn't in the packet just reach out as soon as you notice that i mean obviously we're all human you know mistakes happen you know so just be sure if you see something like hey i thought this agenda items in there and i thought there'd be this other document in there just reach out to us let us know we'll be sure to get that handled as soon as possible come so jones thank you the next ward april the holy shepherd it was confirmed today that tim jackson lobbyist for the colorado automobile dealers association will be coming and speaking with us please join us anybody as well so betta no report yes i have a couple of things i'm gonna remind folks again that war two is changing their meeting from seven thirty to eight thirty on the second tuesday to six to seven thirty p