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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
Tom Booher
Ray Elliott
Jackie Herbst
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Barb Martin
Jean Saum
Carol Kesselman
Absent:
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.
Mayor Burkholder introduced the Co-Chair of Leadership Jefferson County, Pam Feeley, as well as class participants who were in the audience.
ITEM 4 - RESOLUTION 2003-8 - RE-APPOINTING MEMBERS TO THE LAKEWOOD SENIOR CITIZENS
ADVISORY COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2003-8. It was seconded
by Councilman Murphy. Vote: All Ayes. No Nays. The motion carried.
ITEM 5 - PUBLIC COMMENT
Mike Mueller -868 S. Owens Court - Lakewood, Colorado
Mr. Mueller stated that he filed a complaint against the Mayor with the Secretary
of State for violations of the Fair Campaign Practices Act. Mr. Mueller stated
that the Mayor used a 17th Avenue law firm and he did this himself. The decision
was that the Mayor violated the Act and was found guilty, even though his attorney
filed two different motions to throw it out. He stated that one of the reasons
that he filed it was because the Mayor thought $2.35 was a very small amount
and it is a small amount. He stated he can't understand how many zeros it takes
after that, whether its $2,000 or $23,000. He asked where the break off was
for legal or not. Mr. Mueller stated that he asked the judge not to fine the
Mayor. He asked the judge not to put sanctions on the Mayor. He stated he did
ask for 18 months of probation to get through the next election period, that
there are no more violations of this act. The implications are that the city
cannot use city material or city labor for any campaign or any ballot issue.
They can only spend $50 on that ballot issue. Nor can they use Channel 8, nor
can they use Looking at Lakewood to promote a candidate or an issue. People
have asked him why he did this. He stated that his response was because of the
arrogance of the city to the citizens and the law. Mr. Mueller stated that Ray
gave him a quote from the Mayor that the law was ridiculous and the complaint
was silly. He asked the Mayor if he also said, "we're going to finally
get rid of this neighborhood activist." He said the main reason he filed
a complaint was because the $100,000 city attorney said that it was under the
$50 rule on issue. Even a legal novice knows the difference between an issue
and a campaign. He stated that the question is "Did he not know the difference
or did he mislead this Council and, worst of all, the citizens of Lakewood?"
Mr. Mueller stated that this activist is still here and will be watching Channel
8 and will be reading Looking at Lakewood and investigating every piece of printed
material for at least the next year. He stated he does know the law and hopes
Council knows the law, too.
Michael O'Beirne - 25 North Cody Court - Lakewood, Colorado
Mr. O'Beirne stated he would like to discuss those things that are relative
and those things that have a destination point. Robert Frost said that "I
took the road less traveled and it made all the difference." He stated
that he has heard a lot of kids saying lately "It's all good and things
don't really matter." There is apathy. The frustration is how can a city
who pledges to long-term plans favor one interest group over another. In today's
Denver Post, the City of Longmont was lauded for its balance between business
and bedroom communities, in other words, cutting down the drive time between
work and home. He stated that he thinks Longmont is an example of a good balance
and he doesn't think Boulder would be Longmont if it didn't have the University
of Colorado in it. Lakewood has been equated to some other city, a city that
is less than a worthy city, because if we didn't have Colorado Christian University,
we would be something else. We would be Longmont. The Denver Post says today
that Longmont is an award-winning city and that it has proper balance. He stated
he believes in objectives and goals. He doesn't believe things are relative,
he believes that there must be moral certainties and things you can depend upon
that give us a degree of safety so that we can wake up in the morning and have
something to strive for because it is in the striving. We wake up every morning
and our will to power is to achieve something. We do have a moral base and we
don't regard those that have gone before us. Instead, we look at those that
have gone before us and we try to emulate those. He stated he believes Longmont
is worthy of emulation and he is not sure why we need to sell out one portion
of our city in favor of another interest group. He stated he lives in a neighborhood
that has been under siege. He stated the Planning Commission is looking at the
situation, but he has been getting accused from the Planning Commission that,
perhaps, they are being burdened by the amount of information and they would
rather be unimpaired by public input. He stated it is his right as a citizen,
as an active member of this society, to be involved with society. They don't
have to act they way he wants them to, but if they have an objective, if they
have a goal, to keep balance, like Longmont has sought balance, that is all
anyone can ask for.
Mayor Burkholder apologized to the community and to the City Council for using City funds to support a candidate.
ITEM 6 - PUBLIC HEARING - RESOLUTION 2003-7 - MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
The Public Hearing was opened:
City Clerk Margy Greer read the following findings into the record:
1) On November 19, 2002, a petition for annexation to the City of Lakewood
was received from Golden Mesa, LLC, for land located at 780 Indiana Street.
2) On November 25, 2002, the City Council adopted Resolution 2002-86, which
began the annexation process, and which set a public hearing date for January
27, 2003. (Notices published in Lakewood Sentinel on November 28, December 5,
December 12, and December 19, 2002.)
3) On December 18, 2002, a copy of the notice of publication, a copy of Resolution
2002-86, and a copy of the annexation petition as filed were mailed, certified
with return receipt requested, to the Jefferson County Commissioners, Jefferson
County Attorney, Jefferson County R-1 School District, and 17 special districts,
all in accordance with state law.
Applicant's representative Doug Reed of Fine Line Consulting, 584 South Wray
Street, Denver, Colorado, testified that they have reviewed the resolution and
finding of facts and are in concurrence with them.
Staff Testimony: None.
Public Testimony: None
Public Hearing was closed.
Councilman Murphy made a motion to adopt Resolution 2003. It was seconded by Councilwoman Herbst.
Vote: All Ayes. No Nays. The motion carried.
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 7 - RESOLUTION 2003-1 ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS FOR THE 2003 CAPITAL IMPROVEMENT AND PRESERVATION PROGRAM (CIPP) NEIGHBORHOOD PARTICIPATION PROGRAM
ITEM 8 - RESOLUTION 2003-2 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE REPLACEMENT OF THE WATERSLIDE AT MORSE PARK SWIMMING POOL AND APPROVE ENTERING INTO A SINGLE SOURCE CONTRACT WITH CHURCHICH RECREATION FOR THE ACQUISITION AND INSTALLATION OF THIS WATERSLIDE
ITEM 9 - RESOLUTION 2003-3 ACCEPTING THE BID AND AUTHORIZING THE CONTRACT FOR THE 2003 CONCRETE REPAIR PROGRAM
ITEM 10 - RESOLUTION 2003-4 DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS DURING 2003 PURSUANT TO C.R.S. 24-6-402
ITEM 11 - RESOLUTION 2003-5 AUTHORIZING AN INTERGOVENMENTAL AGREEMENT WITH THE FOOTHILLS PARK AND RECREATION DISTRICT FOR THE MASTER PLANNING OF THE PROPOSED PARK AND OPEN SPACE LAND ON THE FEHRINGER RANCH
ITEM 12 - RESOLUTION 2003-6 ASSIGNING AND TRANSFERRING TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, A PORTION OF THE CITY OF LAKEWOOD'S 2003 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE A RESIDENTIAL HOUSING FACILITY FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY OF LAKEWOOD, COLORADO; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH
ITEM 13 - ORDINANCE O-2003-1 VACATING A PORTION OF SOUTH OAK STREET AND WEST EVANS AVENUE INTERSECTION RIGHT-OF-WAY LYING ADJACENT TO 2095 SOUTH OAK STREET AND FURTHER LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 14 - ORDINANCE O-2003-2 ANNEXING CERTAIN UNINCORPORATED LANDS IN A PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 15 - ORDINANCE O-2003-3 ZONE LAND LOCATED AT 780 INDIANA STREET, CITY OF LAKEWOOD, COLORADO
ITEM 16 - APPROVING OF MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting November 25, 2002
Regular City Council Meeting December 9, 2002
ITEM 17 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Planning Commission Meeting October 2, 2002
Lakewood Housing Authority
Board Meeting November 21, 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.
Vote: All Ayes. No Nays. The motion carried.
ITEM 18 - ORDINANCE O-2002-49 EXCLUDING THAT PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD FROM THE METRO WASTEWATER RECLAMATION DISTRICT
Councilman Murphy made a motion to adopt Ordinance O-2002-49 on second and final reading. It was seconded by Councilwoman Herbst.
Vote: All Ayes. No Nays. The motion carried.
ITEM 19 - 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
Councilman Murphy made a motion to adopt Ordinance O-2002-50 on second and final reading. It was seconded by Councilwoman Herbst.
Vote: All Ayes. No Nays. The motion carried.
ITEM 20 - 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
Councilman Murphy made a motion to adopt Ordinance O-2002-51 on second and final reading. It was seconded by Councilwoman Herbst.
Vote: All Ayes. No Nays. The motion carried.
ITEM 21 - GENERAL BUSINESS
None.
ITEM 22 - REPORTS
Mayor Burkholder
Mayor Burkholder stated that Ed Northway, President of Hutchison Homes, passed
away on January 9th. He stated Mr. Northway was a benevolent, charitable person
and was very involved in the community. He stated he would be missed.
He stated he had lunch with the Rocky Mountain School of Art and Design representatives. The school will be moving into the old JCRS/AMC facility. He stated the school is looking forward to developing relationships with the Lakewood Cultural Center, Walden Theatres, and private businesses.
He wished everyone a Happy New Year.
Councilman Murphy
Councilman Murphy stated that the neighborhood organizations in the area are
also looking forward to having the Rocky Mountain School of Art and Design in
their neighborhood.
He announced the upcoming meetings of the Colfax Community Association and the Two Creeks Neighborhood.
Councilwoman Saum
Councilwoman Saum stated that Ed Northway served as the Chairman of the Board
for Lakewood on Parade and stated he was a great community leader who would
be missed.
She announced an upcoming meeting of Lakewood Citizens for Open Space.
Councilman Elliott
Councilman Elliott stated the Council Legislative Breakfast was held last Tuesday
with a number of the legislators who represent Lakewood and felt the meeting
was very productive. He reminded Council of the first Council Legislative Committee
meeting on January 23rd at 7:30 a.m. to review bills.
Councilwoman Kesselman
Councilwoman Kesselman announced that the Sister City Program is still accepting
applications for the exchange students for the Australia exchange. Applications
are available on line. It is a 6-month exchange program and a great opportunity
for high school students. The program is searching the possibility of adding
a sister-city in Mexico.
Attorney Roger Noonan
Attorney Noonan stated that today the Colorado Supreme Court announced its decision
in the case of Northglenn vs. Iberia. This case challenged their ordinance that
dealt with registered sex offenders living together in a single-family residence.
The Supreme Court struck down Northglenn's ordinance. Mr. Noonan stated that
it was a 4-3 decision by the Court. He stated he would review the entire decision
and make recommendations back to City Council regarding any changes needed in
Lakewood's ordinance.
City Manager Mike Rock
Mike Rock stated that the Federal Dept. of Transportation has outgrown its current
office space and the City has been working with GSA to keep them in Lakewood.
There was a federal mandate to push federal operations into downtown areas,
in this case, downtown Denver. Property was located at West Dakota and Alameda
that was acceptable to them. The City Council allowed the City to take an option
on the City and hold the property until GSA could work through their details.
GSA has awarded a contract for the construction of a 120,000 s.f. office building.
Opus Northwest, the company that built the City complex, was awarded the project.
This will keep the 400+ employees in Lakewood. He stated that the Council's
willingness to work with Economic Development and GSA to hold this property
ultimately resulted in a success story.
ITEM 23 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 7:34 p.m.
Submitted by
Margy Greer, City Clerk
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