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ITEM 1 - CALL TO ORDER
Mayor Burkholder called the meeting to order at 7:00 p.m. in the Council Chambers, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Ray Elliott
Jackie Herbst
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Barb Martin
Jean Saum
Carol Kesselman
Tom Booher
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANT
This item was deleted from the Agenda.
ITEM 5 - PUBLIC COMMENT
Michael O'Beirne - 25 North Cody Court - Lakewood, Colorado
Mr. O'Beirne stated that he had over a dozen people call or email him asking
him to continue talking to City Council about the Colorado Christian University
issue. He read a letter he had previously forwarded to City Council. He showed
a map of parcels he stated were owned by Calvin Van Essen and occupied by C.C.U.
students. He stated there were 17 parcels with an additional two parcels being
looked at just off of Cody Street. He stated that the Religious Land Use and
Institutionalized Persons Act of 2000, leads to aspects that affect the entire
City. Mr. O'Beirne asked Council to continue looking at the housing issues started
in the Meadowlark Neighborhood.
Vicki Stack - 8890 West 13th Avenue - Lakewood, Colorado
Ms. Stack stated that she never received a response from the request to have
City Council try to influence CDOT in reducing the speed limit on 6th Avenue
to 55 M.P.H. She stated that the accident figures are different when comparing
the City's figures to the State's figures. Ms. Stack stated that City Council
stated they do have a voice in the matter. However, according to what she has
read under the Environmental Policy Justice Act, participation by all communities
is necessary in the decision-making. She stated she would like City Council
to support the request to have CDOT reduce the speed limit on 6th Avenue back
to 55 M.P.H. and have the City research whether CDGB funds could be used to
help with this issue and the possibility of erecting the sound walls along 6th
Avenue.
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 6 - RESOLUTION 2002-96 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A CONTRACT BETWEEN THE CITY AND J.D. EDWARDS FOR COMPUTER SOFTWARE LICENSE, SERVICES, AND MAINTENANCE AGREEMENT
ITEM 7 - RESOLUTION 2002-97 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A SINGLE SOURCE CONTRACT BETWEEN THE CITY AND AMX INTERNATIONAL, INC. FOR MANAGEMENT & INFORMATION TECHNOLOGY CONSULTANT PROFESSIONAL SERVICES
ITEM 8 - RESOLUTION 2002-98 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A CONTRACT BETWEEN THE CITY AND GARY MATTHEWS, CPA, FOR PROFESSIONAL SERVICES IN THE IMPLEMENTATION OF A FINANCIAL MANAGEMENT SYSTEM
ITEM 9 - RESOLUTION 2002-99 AUTHORIZING THE CITY OF LAKEWOOD TO PURCHASE COMPUTERS AND RELATED HARDWARE FROM DELL COMPUTERS THROUGH THE USE OF EXISTING COOPERATIVE PURCHASING AGREEMENT - WSCA
ITEM 10 - RESOLUTION 2002-100 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO SOFTWARE LICENSE AGREEMENTS BETWEEN THE CITY AND MICROSOFT AND VERTEX
ITEM 11 - RESOLUTION 2002-101 APPROVING THE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR THE PLAZA METROPOLITAN DISTRICT NO. 1, THE PLAZA METROPOLITAN DISTRICT NO. 2, AND THE PLAZA METROPOLITAN DISTRICT NO. 3
ITEM 12 - RESOLUTION 2002-102 AUTHORIZING AMENDMENT OF THE CITY MANAGER DEFINED BENEFIT PENSION PLAN AND TRUST FOR THE CITY OF LAKEWOOD BY ADOPTION OF THE SECOND AMENDMENT
ITEM 13 - ORDINANCE O-2002-49 EXCLUDING THAT PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD FROM THE METRO WASTEWATER RECLAMATION DISTRICT
ITEM 14 - ORDINANCE O-2002-50 AN ORDINANCE FOR ACCEPTANCE OF A COMMISSIONERS DEED, FROM THE JEFFERSON COUNTY COMMISSIONERS TO THE CITY OF LAKEWOOD FOR THE WEST ONE-HALF OF YARROW STREET RIGHT-OF-WAY AND FURTHER AUTHORIZING THE CITY TO CONVEY THAT PORTION OF SAID YARROW STREET RIGHT-OF-WAY THAT HAS AN EXISTING BUILDING AND SITE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD; FURTHER DECLARING AN EMERGENCY
ITEM 15 - ORDINANCE O-2002-51 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF LAKEWOOD, COLORADO $3,000,000 DEVELOPMENT REVENUE BONDS (CARMEL OAKS PROJECT), SERIES 2003, THE EXECUTION AND DELIVERY BY THE CITY OF A SUPPLEMENT TO TRUST INDENTURE, AN AMENDMENT TO LOAN AGREEMENT WITH CARMEL OAKS OF LAKEWOOD, AND THE BONDS, APPROVING A NOTE, AN AMENDMENT TO MORTGAGE AND CLOSING DOCUMENTS RELATED TO THE BONDS, AND AUTHORIZING OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY OR ADVISABLE WITH RESPECT TO THE ISSUANCE OF THE BONDS
ITEM 16 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Housing Authority Meeting September 26, 2002
Public Comment: None.
Councilman Murphy made a motion to approve the Council minutes; to accept the minutes of Boards and Commissions; and ordered all ordinances introduced on first reading to be published in the Lakewood Sentinel with public hearing set for the date included in the ordinance; and ordered the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the City Clerk. The motion was seconded by Councilwoman Herbst.
Boris Naschansky, Information Technology Director, stated that J.D. Edwards was selected after a RFP was sent out and 13 responses were received. The criteria looked at included financial stability of the firm, functionality, and serviceability. Two finalists were selected and the final decision was based on the functionality of the company's software. City staff attended training sessions on both products and it was decided that J.D. Edwards was the best fit for the City.
Councilman Elliott stated that the total purchases are $1.9 million. He asked if this was included in the 2002 or 2003 budget and what additional purchases there would be related to the package.
Mr. Naschansky stated that there would be the need to hire additional persons next year to help with the backfill while current staff is being trained on the system.
Councilwoman Koop stated that the system being purchased replaces a 20-year old system and asked how long the system would last before it would need to be updated.
Mr. Naschansky stated that it is very hard to predict with the rapid changes in technology. However, these types of systems can be used beyond 10 years.
Councilman Elliott asked if there was a savings to the City by purchasing the maintenance package rather than having the City maintain it.
Boris Naschansky stated that at the time the current system was purchased, there were no off-the-shelf software packages available that fit the needs of municipalities. City staff will support the servers, the current database, and will support the infrastructure of the system. Updates from J.D. Edwards will be received on an ongoing basis. They will ensure that the City keeps up with the industry rather than the City trying to write their own software.
Mayor Burkholder stated that the purchase of the financial hardware and software package is a good example of City Council's agreement to upgrade information technologies throughout the City, making the City much more effective.
In response to a question from Councilwoman Martin, Finance Director Jacque Wedding-Scott stated that the amendment made to the City Manager's Defined Benefit Plan was required by law and did not change the City Manager's compensation in any way.
Vote: All Ayes. No Nays. The motion carried.
ITEM 17 - ORDINANCE O-2002-38 AMENDING CHAPTER 8.14 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE STORAGE OF TRASH CONTAINERS
Public Comment:
Ms. Shuldberg - Lakewood, Colorado
Ms. Shuldberg thanked Barb Brown and Shirley Beston for their great customer
service and community relations. She asked Council to review the portion of
the ordinance regarding placement of storage containers and trash bags. Ms.
Shuldberg stated that commercial dumpster suppliers cannot always cross under
power lines or over water lines and other utilities for placement on private
property. She asked if special permits could be obtained in certain cases.
Michael O'Beirne - 25 North Cody Court - Lakewood, Colorado
Mr. O'Beirne stated that while these public welfare issues are important, the
detail in the ordinance took an extreme amount of staff time to produce.
Bob Fischer - 880 Fenton Street - Lakewood, Colorado
Mr. Fischer stated he was in support of the ordinance. He is a member of the
Two Creeks Neighborhood Organization and a volunteer for the Community Code
Enforcement Committee. The Two Creeks Organization supports the ordinance as
well. He asked that dumpsters placed on private property, be screened from view,
and be emptied at least once a week.
Paul Tiel - 5775 West 8th Avenue - Lakewood, Colorado
Mr. Tiel stated that several neighbors have gotten together and asked for a
large steel dumpster for use by all neighbors. It cannot be seen from around
the corner and has not been a problem. He stated it seems the ordinance is addressing
a problem that does not exist.
Councilman Murphy made a motion to adopt Ordinance O-2002-38 on second and final reading. It was seconded by Councilwoman Herbst.
Frank Gray, Director of Planning and Community Development, introduced Gayle Spencer as the new Code Enforcement Supervisor who will take Barb Brown's position, as Barb has accepted a position in the City Manager's Office.
Barb Brown briefly introduced the subject matter stating that a citizen sent a letter asking the City to look into what other jurisdictions do with trash containers. The City Council asked her to come back with an ordinance further defining the length of time trash could be placed curbside as well as other issues. Ms. Brown introduced Code Enforcement Officer Lois Engbretson.
Councilwoman Koop asked if certain properties such as horse properties or pastures are allowed to have a different size dumpster than single family houses.
Lois Engbretson stated that the sizes are not regulated. There is no difference between them. Code Enforcement only pursues on a complaint basis, as usual. The current ordinance requires trash to be removed on a weekly basis.
Councilman Stevens asked if there had been any consideration given to exempting certain zones such as agricultural or horse properties.
Barb Brown stated that it would be very difficult to follow up on from an enforcement standpoint.
Councilwoman Martin stated that sometimes having a dumpster moved off of public right-of-way means simply moving it a few feet.
Barb Brown stated that that was true and also an improved service is necessary for dumpsters which helps prevent crossing over water lines and other utilities.
Vote: All Ayes. No Nays. The motion carried.
ITEM 18 - ORDINANCE O-2002-43 DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF CURB, GUTTER AND SIDEWALK IMPROVEMENTS ON THE WEST SIDE OF UNION BOULEVARD BETWEEN WEST 6TH AVENUE AND WEST 4TH AVENUE FOR THE UNION BOULEVARD PAVEMENT RECONSTRUCTION PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS
Councilman Murphy made a motion to adopt Ordinance O-2002-43 on second and final reading. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried.
ITEM 19 - ORDINANCE O-2002-44 AMENDING SECTIONS 1.04.010 AND 1.16.050 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO GENERAL PROVISIONS
Councilman Murphy made a motion to adopt Ordinance O-2002-44 on second and final reading. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried. Vote: All Ayes. No Nays. The motion carried.
ITEM 20 - ORDINANCE O-2002-45 AMENDING SECTION 2.20.155 OF TITLE 2 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ADMINISTRATION AND PERSONNEL
Councilman Murphy made a motion to adopt Ordinance O-2002-45 on second and final reading. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried.
ITEM 21 - ORDINANCE O-2002-46 AMENDING SECTIONS 9.10.030 AND 9.60.010 AND ADDING SECTIONS 9.41.075, 9.60.015, AND 9.64.030 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY
Councilman Murphy made a motion to adopt Ordinance O-2002-46 on second and
final reading. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays.
The motion carried.
ITEM 22 - ORDINANCE O-2002-47 ADOPTING BY REFERENCE THE RULES AND REGULATIONS OF THE COLORADO DEPARTMENT OF PUBLIC SAFETY GOVERNING THE SAFETY STANDARDS AND SPECIFICATIONS OF ALL COMMERCIAL VEHICLES AND ESTABLISHING PENALTIES THEREFORE, AND AMENDING SECTIONS 10.54.080, 10.60.100, 10.60.120, AND 10.63.010 OF TITLE 10 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC
Councilman Murphy made a motion to adopt Ordinance O-2002-47 on second and final reading. It was seconded by Councilwoman Herbst.
Councilwoman Saum asked how gross weight of vehicles and loads would be enforced.
Janet Young, Deputy City Attorney, stated that the ordinance is the yearly update of the traffic code regarding changes made by State legislation. Inspections can only be down at port of entries because they have scales available. The inspections will be done by the State. She stated that the State made throwing lit cigarettes out of cars, a class 2 traffic offense. In the past it warranted the same fine as littering.
Mayor Burkholder acknowledged the Chief of Police at Red Rock Community College, John Mackey, a former City police agent, who was sitting in the audience.
Vote: All Ayes. No Nays. The motion carried.
ITEM 23 - ORDINANCE O-2002-48 AUTHORIZING A NON-EXCLUSIVE WATER LINE EASEMENT ACROSS A PORTION OF CITY OWNED BELMAR PARK LOCATED IN THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Councilman Murphy made a motion to adopt Ordinance O-2002-48 on second and final reading. It was seconded by Councilwoman Herbst. Vote: All Ayes. No Nays. The motion carried.
ITEM 24 - GENERAL BUSINESS
None.
ITEM 25 - REPORTS
Mayor Burkholder
He thanked Mayor Pro-Tem Jackie Herbst for taking his place as Mayor while he
attended the National League of Cities Conference in Salt Lake City. At NLC,
he was appointed Chair of the First Tier Suburban Cities Committee. He reported
that Homeland Security was discussed in length at the conference regarding municipalities
being the first line of defense, yet not receiving funding at the Federal level.
He stated that ongoing discussions would take place regarding the lack of funding
to municipalities.
He invited everyone to attend the Mayor's Tree Lighting Ceremony at Belmar Heritage
Center, Ohio & Wadsworth, on Friday afternoon.
Councilwoman Herbst
She stated she attended the National Renewal Energy Conference last Thursday,
on the Mayor's behalf. She stated the City of Lakewood was recognized several
times by their progressiveness in this area.
She stated she attended the groundbreaking ceremony for the Habitat for Humanity project on South Pierce Street last Saturday. She stated it is a privilege to have these homes in Ward 3 and she was pleased to see the family who will occupy the home participate in the ground breaking.
Councilman Murphy
He asked the participants of the Two Creek Neighborhood Annual Christmas Lighting
Contest to remember to turn their lights on for the judging which he and Councilwoman
Koop will participate in.
Councilwoman Kesselman
She stated she attended the NLC Conference in Salt Lake City and is working
with the Transportation Policy Committee and she was pleased to see the cooperation
among the cities regarding formalizing solid recommendations for important common
issues. NLC will be bringing the transportation needs of the communities to
Washington in the spring.
Councilwoman Koop
She reminded the O'Kane Park Neighborhood that Councilman Murphy and she would
be judges for their annual lighting contest on December 17th and reminded everyone
to turn their lights on.
Councilwoman Saum
She stated she had met at length with Denver Councilman Hackworth last week
to discuss common border issues between his district and Lakewood's Ward 3.
Councilwoman Martin
She stated she will be attending the Union Station Advisory Committee Meeting
this week to review the final three alternatives for the redevelopment area.
Councilman Stevens
He stated it was the last Council meeting for 2002 and wished everyone Happy
Holidays and a Happy New Year.
Attorney Roger Noonan
He stated that he has determined that State Initiative No. 27, which was passed
by the voters last November, does apply to the City of Lakewood.
On behalf of the Council and staff, Mayor Burkholder wished everyone Happy Holidays and a Happy New Year.
ITEM 26 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned the meeting at 8:06 p.m.
Submitted by
Margy Greer, City Clerk
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