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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
Jean Saum
Barbara Martin
Absent: Carol Kesselman
Others in attendance: Frank Gray, Acting 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 welcomed Boy Scouts from Troop #814 and Troop #685 who were in the audience
ITEM 4 - PUBLIC COMMENT
Newt Vaughn - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughn commented that the City is shuffling money to keep Belmar afloat.
He stated he was opposed to government lending money to keep businesses afloat.
There is a budget crisis in Lakewood and the City doesn't need to put up $5
million to help Continuum. He stated that if Continuum cannot borrow $5 million
then they do not need to be building a multi-million dollar retail complex.
Mr. Vaughn also stated that it looks like citizens will be paying a storm water
assessment fee three times; once by the City, through property taxes, and the
county. He stated it is not right.
Michael O'Beirne - 25 North Cody Court - Lakewood, Colorado
Mr. O'Beirne stated that Tom Booher stood before Planning Commission and offered
to be the go between with CCU and the neighborhood and he thanked him for that.
He also thanked Councilors Wise and Martin for their assistance. Mr. O'Beirne
stated that the questions and answers from the Planning Commission were not
all that deep, but the attention was focused on colleges and universities in
residential neighborhoods. He stated that he hopes Councilor Booher will mediate
a likely end to that as well. Mr. O'Beirne stated his neighbors have chastised
him and he was assumed to have been behind orchestrating the meeting. He stated
he was not behind the meeting. It was Councilor Booher's initiative. He stated
it is just, it is right, and should have been done.
Mike Mueller -868 South Owens Court - Lakewood, Colorado
Mr. Mueller asked questions about Continuum and the various Continuum organizations
on record. He asked which Continuum organization the City was lending money
to. He asked why a judge would want four times the penalty that could be assessed.
He asked how the money was going to be disbursed. Mr. Mueller stated that the
City cannot afford to have a loan default for six months or more. He asked if
the interest being earned on the loan through the Court covers the discount
rate at which the under grounding utility funds were given to Stevinson. He
asked if it was a business decision by City Council or a personal loan by Mike
Rock. Mr. Mueller stated he would like to be the one to review the P&Ls.
Councilman Murphy responded to Mr. Mueller and Mr. Vaughn by stating that urban renewal authorities do loan money. Lakewood voters approved the creation of an urban renewal authority. City Council voted unanimously to move the Belmar project forward. It was a good business decision.
Councilman Stevens responded to Mr. Mueller by stating that Continuum is not actually getting the money, the money is being deposited to the Court. The loan is secured by the property at Belmar. He asked Jacque Wedding-Scott to respond to Mr. Mueller's question about discount rates.
Jacque Wedding-Scott, Director of Finance, stated that the funding referred to at the Colorado Mills project was not the City's money. It was funding from Public Service Company's under grounding credits. Public Service Company sets aside 1% of its total revenues within a city to use for under grounding. The City authorized Colorado Mills and the One Horse District to use those funds. The loan did not actually come from the City's funds. There is no interest rate assigned to that. For the first time, what was able to transpire is that Pubic Service Company did not require the One Horse District to pay back the under grounding fund, instead the money was paid to the City in cash. Those funds were then placed with the Court secured by a promissory note from LRA and LRA will then pay back the General Fund.
Councilman Stevens asked Frank Gray, Director of Planning & Community Development, to explain further.
Mr. Gray stated that it is the responsibility of the Lakewood Reinvestment Authority (LRA), not the City. The amount of the deposit in the Courts is greater than the amount for the individual businesses because the Court deposit also includes Continuum's interest in the property. Therefore the deposit includes both Continuum and LRA's share. The Court does not differentiate between the two entities. There will be a distribution hearing in May and the money will then be distributed accordingly .
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 5 - RESOLUTION 2003-10 - FOR RENEWAL OF CONTRACT FOR THE 2003 OVERLAY AND PATCHING PROGRAM
ITEM 6 - RESOLUTION 2003-11 ENDORSING THE 2003-2007 HOUSING AND COMMUNITY DEVELOPMENT PLAN AND ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS IN THE 2003 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM
ITEM 7 - RESOLUTION 2003-12 AUTHORIZING THE ASSIGNMENT OF $3,404,725 OF THE CITY'S PRIVATE ACTIVITY BOND ALLOCATION FOR 2002 TO THE COLORADO HOUSING AND FINANCE AUTHORITY; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH
ITEM 8 - ORDINANCE O-2003-5 REZONE LAND LOCATED AT 1400 FENTON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
ITEM 9 - APPROVING OF MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting January 27, 2003
ITEM 10 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Housing Authority Meeting December 6, 2002
Lakewood Liquor and Fermented
Malt Beverage Licensing Authority November 14, 2002
Lakewood Senior Citizen Advisory
Commission November 13, 2002
Lakewood Senior Citizen Advisory
Commission December 11, 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 11 - 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
Public Comment: None.
Councilman Murphy made a motion to adopt Ordinance O-2003-4 on second and final reading. It was seconded by Councilwoman Herbst.
Councilwoman Martin asked how many businesses actually provide the service, which will be taxed.
Karen Stickland, Revenue Manager, stated that the ordinance applies to under 50 businesses in Lakewood. She reviewed the history regarding the ordinance with the City Council. She stated that the ordinance helps Lakewood conform to the federal requirements of the Mobile Telecommunications Sourcing Act (MTSA). Ms. Stickland explained that it effects cellular and mobile phone use.
Vote: All Ayes. No Nays. The motion carried.
ITEM 12 - GENERAL BUSINESS
None.
ITEM 13 - REPORTS
Mayor Burkholder
Mayor Burkholder stated that Lakewood was the host city for Leadership Jefferson
County last Friday. It is the 25th class. Lakewood partners with Wheat Ridge.
It was a full day of adult students learning about local governments and being
able to ask questions of local officials. The Mayor thanked the staff and City
Council members who attended. He stated it was the first class that former Mayor
Jim Ritchie was not in attendance. Jim Ritchie was unable to attend due to recent
illness and they wished him well.
Councilwoman Herbst
Councilwoman Herbst stated that she attended the County Commissioners Breakfast
last Tuesday in place of the Mayor. She stated it was a learning experience
and she was appreciative of the several issues that the local governments have
in common.
She announced the Martindale Annual Homeowners Association Meeting of February 25th, 7-9 p.m., at Deane Elementary School, 580 S. Harlan Street.
She announced the O'Connell Middle School Open House on Tuesday from 6-8 p.m. The public is invited and there will be free hot dogs, chips and beverages.
Councilman Murphy
Councilman Murphy stated that the City has a group of capable Department Directors
and Managers who are working on the drought issues. They are examining questions
asked by constituents, regarding the parks, swimming pools, trees, and larger
policy issues such as whether Lakewood should lease their underground water
or not. There will be a study session in the near future to examine the water
shortages after the Denver Water Board meets on April 16th to set their policies.
Councilman Booher
Councilman Booher announced that the drought issue as well as Rooney Valley
will be discussed at the Ward 4 Coalition Meeting on February 26th at 7 p.m.
at Christ on the Mountain Church.
Councilman Ray Elliott
Councilman Elliott wished one of the department directors well after her recent
surgery. He wished her a speedy recovery.
Councilwoman Koop
Councilwoman Koop stated that for the past five weeks she has been a part of
an exciting Spanish/English Class at Stein Elementary School. It was every Saturday
from 9 a.m. until 3 p.m. for the last five weeks. Half of the students were
Spanish speaking and half were English speaking. She thanked the Cultural Diversity
Commission, Employee Relations Director Ken Milano, Margaret Sawyer, and Felix
Cook for their assistance with the program. She stated the program was currently
grant funded and she hopes the City will be able to find funding to continue
the program in the future.
Councilwoman Saum
Councilwoman Saum stated that she also enjoyed the program she attended for
Leadership Jefferson County. She enjoyed listening to the history of the City.
She stated that last Friday and Saturday she attended the Colorado Association
of Community Corrections quarterly board meeting hosted by the First Judicial
District.
Councilwoman Martin
Councilwoman Martin reported that McDonnell Park near 8th and Union is close
to being dedicated. The public will be invited to attend.
She invited the Council and the public to visit the Sister City of Chester, England. She stated she would be going to Chester over the 4th of July. Interested parties should contact the CMO's office or her for further information.
She reported that, despite the economy, the Heritage Culture and the Arts Division is showing an increase in revenues over last year and several of the performances have been sold out.
Councilman Stevens
Councilman Stevens thanked the Three Lakes HOA for inviting him to their meeting.
They are currently working on a drainage project of multi-jurisdictional interests.
Councilwoman Wise
Councilwoman Wise stated that it is time for the annual Prom Dress Exchange.
This is the 5th year for the exchange; it gains in popularity each year. The
Exchange will take place on Saturday, March 8th from 10:30 a.m. to 2:30 p.m.
at Cooperfields Event Chateau, 4901 Marshal Street, Wheat Ridge. Donated dresses
are made available for young ladies who cannot typically afford to purchase
a dress. She thanked the ladies in Lakewood and surrounding areas for their
generosity in helping to make the project a huge success. She also thanked the
women at Cenikor for helping with the project. She announced that donated gowns
could be dropped off at the City Manager's Office at City Hall, Lakewood High
School, or Alameda High School. Interested public can call 720-898-8388.
City Attorney Roger Noonan
Mr. Noonan stated that City Council passed an ordinance regulating crematories
and the ordinance allowed a grace period in which time local crematories had
to get their equipment up to specifications. The grace period expired on Sunday
and there is one facility that is not in compliance. The business has indicated
that they are going to shut down their business and leave the City of Lakewood.
Mr. Noonan asked for Council's permission to file a lawsuit to seek injunction
if the business does not shut down, move out of town, or get their equipment
up to specifications. There was no objection from Council.
ITEM 14 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder
adjourned at the meeting at 7:42 p.m.
Submitted by
Margy Greer, City Clerk
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