Lakewood City Council Minutes for January 27, 2003 MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7 P.M. January 27, 2003

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: None.

Others in attendance: 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 - Martin Luther King Day Celebration
Teacher Sharon Kaufman and students from Vivian Elementary School spoke about the Dr. Martin Luther King Day Celebration held at their school. In honor of the Dr. King, the community service club at the school started a project among all students to accomplish 2003 Acts of Kindness and Justice in the year 2003.

ITEM 5 - PRESENTATION - Lakewood Legacy Foundation Grant
Eileen Schurmann, Chairperson for the Lakewood Legacy Foundation stated that the Foundation had approved a $5000 grant to Betty Proctor's Helping Hearts & Hands program. The program helps over 600 individuals/families each year.
ITEM 6 - PUBLIC COMMENT

Fred Elbel - 10137 W. Dartmouth, Lakewood, CO 80227
Mr. Elbel spoke about the Country's sustainable future. He spoke about overpopulation and overcrowding and encouraged people to leave the Country a better place for future generations. He asked Council to pass a resolution similar to one that was adopted by the Town of Aspen.

Frosty Wooldridge - 1548 Ward Place - Louisville, CO
Ms. Wooldridge spoke about overpopulation and its adverse effects on future generations. He asked Council to pass a resolution similar to one that was adopted by the Town of Aspen that encourages legislators to amend their policy on immigration, thus shaping the demographic future of the Country. He distributed literature and a videotape to City Council members.

CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.

ITEM 7 - RESOLUTION 2003-9 A RESOLUTION AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN AGREEMENT WITH THE LAKEWOOD REINVESTMENT AUTHORITY FOR THE PURPOSE OF LOANING FUNDS TO THE LAKEWOOD REINVESTMENT AUTHORITY

ITEM 8 - ORDINANCE O-2003-4 AMENDING SECTIONS 3.01.020, 3.01.120, 3.01.180, AND 3.01.250 OF CHAPTER 3.01 AND SECTION 3.01.120 OF RULES AND REGULATIONS AND SPECIAL REGULATIONS OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SALES AND USE TAX

ITEM 9 - APPROVING OF MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting January 13, 2003

ITEM 10 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Lakewood Planning Commission Meeting December 18, 2002
Lakewood Senior Citizen Advisory
Commission Meeting November 13, 2002

Public Comment:

Vicki Stack - 8890 West 13th Avenue - Lakewood, Colorado
Ms. Stack asked Council to answers some questions which citizens have asked her regarding Resolution 2002-9. She gave a copy of the questions to the City Attorney.
Ms. Stack stated that on several occasions the public was told that bondholders bear the risk of the Belmar Project, not the taxpayers. Resolution 2002-9 is taking money from the City's General Fund to assist the Belmar Project. She asked for an explanation of the resolution.

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.

Attorney Malcolm Murray stated that the ground lease at Village Italia Shipping Center was condemned. The Court set a deposit of $3 million. Pursuant to the redevelopment agreement, that money was forwarded by Continuum and that deposit was made with the Court. Subsequently, a determination of the valuation of the ground lease itself including Continuum's interest in that ground lease. Following that, the judge required an additional deposit of $5 million, bringing the total to $8 million. This loan will help to cover the additional $5 million that will be deposited with the Court for a short period of time. A distribution hearing is set for May 7th and at that time the Court will determine the value of the interest of the remaining stores, basically May Company, World Savings, and a very small claim from Helzberg. The maximum amount of those claims is likely to be no more than $2.5 million. At that point, it is the expectation that the Court will release the balance of those funds and probably will be a determination of less than $2.5 million, but that is the most it possibly could be. Lakewood Reinvestment Authority is not a party to that proceeding. It's basically a proceeding between Continuum and the stores to divide up the money. It is expected that soon after that hearing, the judge will release this money. We are simply loaning the money, putting it into the court into an interest bearing account that the court will hold until after the distribution hearing is completed. The resolution being discussed as well as the resolution on the agenda for the Lakewood Reinvestment Authority states that it will be paid back by June 30, 2003. Discussion ensued amongst City Council members. Jacque Wedding-Scott answered questions regarding the effect of the loan on the City's budget. Attorney Roger Noonan read the list of questions given to him by Vicki Stack and stated that the questions had been answered.

Vote: All Ayes. No Nays. The motion carried.

ITEM 11 - 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

Councilman Murphy made a motion to adopt Ordinance O-2003-1 on second and final reading. It was seconded by Councilwoman Herbst.

Vote: All Ayes. No Nays. The motion carried.
Mayor Burkholder opened a public hearing on Items 12 and 13 together:

The City Clerk read Items 12 and 13 into the record.

The applicant, Kent Stevinson, 1546 Cole Blvd, Suite 100, Lakewood, Colorado 80401,
appeared before the City Council and stated that the property will be used for the new Stevinson Toyota West Dealership and offered to answer questions.

Dru Siley, Planner, City of Lakewood Planning Dept., stated that the ordinances before City Council pertain to the zoning and annexation of approximately 15 acres at the property known as 780 Indiana Street for the future development of Stevinson Toyota. On December 18, 2002, the Planning Commission unanimously approved the zoning request and on January 13, 2003, a resolution of finding of fact regarding the annexation request was adopted by City Council.

Public Comment: None.

Mayor Burkholder closed the public hearing.

Councilwoman Martin asked Mr. Stevinson for a clarification on the future locations of the Stevinson Chevrolet and Toyota dealerships. Mr. Stevinson stated that Chevrolet will move across the street to the west and Toyota will go across the street to the new building.

Councilwoman Saum asked why the annexation case did not go before the Planning Commission. Vince Harris, Planning Dept., stated that the State Statute scheduling process did not allow for providing the notification at least 60 days ago when the City Council adopted its resolution of intent to annex. The Planning Commission therefore reviewed only the rezoning portion of the case. The Planning Commission was aware of it. However, the Planning Commission is not required or obligated to review a proposed annexation, they are required to provide a recommendation to Council on the intended zoning for the property. If the schedule can accommodate, Planning Commission has reviewed some annexations in the past.

ITEM 12 - 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

Councilman Murphy made a motion to adopt Ordinance O-2003-2 on second and final reading. It was seconded by Councilwoman Herbst.

Vote: All Ayes. No Nays. The motion carried.

ITEM 13 - ORDINANCE O-2003-3 ZONE LAND LOCATED AT 780 INDIANA STREET, CITY OF LAKEWOOD, COLORADO

Councilman Murphy made a motion to adopt Ordinance O-2003-3 on second and final reading. It was seconded by Councilwoman Herbst.

Vote: All Ayes. No Nays. The motion carried.

ITEM 14 - GENERAL BUSINESS
None.

ITEM 15 - REPORTS
Mayor Burkholder
He stated he participated in a group regarding state-wide activities and concerns. It was an invigorating and spirited meeting. He stated he was pleased to be invited and participate.

He stated that last Friday he met with Congressman Beaupreaz regarding transportation issues.

He announced that last Saturday Morning he attended a Vietnamese New Year Celebration. He wished everyone a Happy New Year.

Councilwoman Herbst
She stated she attended the new Habitat for Humanity project groundbreaking ceremony. There were over 300 people in attendance. There will be 18 town home units built. She welcomed the families into the community and into Ward 3. She thanked the host of the event, Philips United Methodist Church, who provided all of the food for all 300 attendees.

Last week she attended a board meeting with the Green Gables Condominium Association and they are working diligently to clean up and reduce the crime rate in the area. In one month's time, the Lakewood Police Department was able to solve four crimes committed there because of the money they invested into private security camera system. A spring function is being planned for the Association to solidify a new community.

She announced that on Thursday, February 6th, the Calhan Neighborhood Organization will be hosting their annual meeting at 6:30 p.m. at 1475 South Pierce Street.

The Martindale Neighborhood Association will be holding their annual meeting Tuesday, February 25th at 7:00 p.m. at Deane Elementary School, 580 South Harlan.

Councilwoman Saum
She stated that the Habitat for Humanity event on Saturday was heartwarming. The appreciation and gratitude from the people that will be living there was nice. She welcomed them into the community. It seems to be an ideal location and near a bus line. It is a very exciting event.

Councilwoman Kesselman
She announced that the Jewell and Wadsworth Business Association Meeting will be held February 4th at 7:30 a.m.

She attended the county-wide transportation meeting this last week and participants are working very hard on looking at potential resources and new funding sources to complete some of the projects in Jefferson County. Identifying projects along the Wadsworth Corridor is planned for the next meeting.

The Sister Cities Program is still completing the selection process for the Australia Student Exchange and is researching starting a program in Mexico.

Councilman Elliott
He reminded City Council that on February 5th there is another Council Legislative Committee Meeting at 7:30 a.m. He thanked Joni Inman and his fellow council members for their work.

He thanked Barb Brown for helping him with several service requests. The change in the service request system is an improvement.

He stated that he has visited all of the recreation centers in Lakewood and stated they are absolutely incredible.

On February 5th there is a community meeting to review the zoning ordinance definition and zone district where schools are allowed. He encouraged all interested parties to attend. The meeting is from 7-9 p.m. in the City Council Chambers.

Councilwoman Koop
She reminded people of the O'Kane Park Neighborhood Association Meeting scheduled for Tuesday, January 28th from 7-9 p.m. at the Washington Heights Center on 1st Avenue.

She invited people to attend the Missoula Children's Theatre presentation of "Hansel and Gretel" at the Lakewood Cultural Center this Saturday. Shows are at 3:00 p.m. and 7:00 p.m.

Councilwoman Martin
She reported that she attended a six-hour workshop with DRCOG dealing with transportation last Saturday. It was extremely informative. There were representatives from CDOT, RTD, and local governments.

There is a meeting on February 4th with Daniels Garden Neighborhood to work on their neighborhood plan.

Councilman Stevens
He thanked the Lakewood Citizens for Open Space for inviting him, the Ward 3 councilors, and the Mayor to meet with them on January 15th. He stated he is looking forward to future dialogues with them.

He announced the meetings of Westgate Improvement HOA will be Tuesday, January 28th at 7:00 p.m. and the Three Lakes HOA will be holding a meeting on February 4th.

Councilwoman Wise
She announced the monthly Town Meetings that are attended by elected officials representing the Lakewood area from the State, the school district, RTD, and City Councilors. The next meeting is February 1st, 9:30-11:00 a.m. at the Belmar Library.

ITEM 16 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 8:10 p.m.

Submitted by
Margy Greer, City Clerk