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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
Jackie Herbst
Bob Murphy
Debbie Koop
Cheryl Wise
Jean Saum
Ray Elliott
Mike Stevens
Carol Kesselman
Tom Booher
Absent: Barbara Martin
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 - PUBLIC COMMENT
Newt Vaughn - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughn stated that he is a night surveillance volunteer for the Police Department.
He stated he attended the Lakewood Citizens Police Academy and he spoke favorably
about the Police Department. He encouraged citizens to volunteer with the Police
Department.
Carmen Cohn - 1208 S. Brentwood Street - Lakewood, Colorado
Ms. Cohn stated she was speaking on behalf of Lakewood Citizens for Open Space.
She thanked Councilman Stevens for answering her calls and forwarding her letter
to Mrs. Hodgson for response. Ms. Cohn commended staff for the decision to restrict
the number of events at Belmar Park. Mrs. Hodgson's letter stated that the events
will be kept to the hard surfaces as much as possible. Ms. Cohn asked for the
Mayor and City Council to please respond to their suggestion regarding forming
a citizens 'environmental commission. She also asked for the Mayor to please
define the role of Lakewood Citizens for Open Space for the City.
David Wolfe- 18 Balsam Street - Lakewood, Colorado
Mr. Wolfe stated that Ms. Wise gave him an opinion today from Attorney Roger
Noonan that Mr. Wolfe would not be allowed to speak on the university item because
it is on first reading. He stated the City is considering trying to broaden
the forum for public participation in the civic process. He asked City Council
to please reconsider allowing the public to speak tonight on the first reading
ordinance since there was such a large number of citizens in the audience wishing
to speak.
Walt Heidenfelder - 13001 W. Ohio Avenue - Lakewood, Colorado
Mr. Heidenfelder stated that as a senior activist involved in the community,
he has had the opportunity to participate in seminars, forums, and meetings
that deal with important issues that affect the citizens. He recently attended
a meeting with Representatives Tancredo and Beauprez on the subject of Medicare
and Medicaid reform. Mr. Heidenfelder urged people to contact their Congressmen
and urge them to allot funds for improved health care and not to dump the programs
and start over as he stated they implied at their meeting.
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne thanked Council and city staff on their diligence on the pending
ordinance change. He stated that there is not a true democracy, but a democratic
republic. The citizens invest in City Council the power to make rational, reasonable
decisions that serve the best interests of the citizens. He thanked City Council
for their attention, diligence and the balance that was presented throughout
the process.
Mayor Burkholder stated that he is a strong believer in participatory democracy. The issue on first reading is an ordinance regarding higher education in the community of Lakewood. There have been numerous opportunities for public participation since the process began.
City Manager Mike Rock explained that the reason for having a specific date for the public hearing is so that everyone who has an interest in the topic has advance notice of when and where the discussion will occur. Then, everyone who has an interest in that topic has the opportunity to hear all the public comment at the same time and has an opportunity to participate in that comment. You cannot have an experiment where you allow some individuals to provide you with comments without giving the rest of the public notice that those public comments are going to be taken by Council. That would provide an uneven playing field. The intent is to create a situation where everyone knows when and where the public hearing will occur and everyone will have an equal opportunity to participate. Decisions must be made on the record in front of Council and the comments obtained at the public hearing. You cannot have a public hearing without advanced notice. Tonight is the night Council provides for that advanced notice.
Planner Holly Boehm gave a brief update on SCRUB 2003. A formal presentation will be given to City Council at a later date.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 5 - RESOLUTION 2003-41 - A RESOLUTION FOR THE ACCEPTANCE OF BIDS AND AUTHORIZING CONTRACT FOR THE BELMAR PARK DETENTION POND
ITEM 6 - RESOLUTION 2003-36 - APPROVING A CONTRACT WITH FELSBURG, HOLT & ULLEVIG FOR DESIGN OF THE REPLACEMENT BRIDGE ON KIPLING STREET OVER BEAR CREEK
ITEM 7 - RESOLUTION 2003-37 - ESTABLISHING CERTAIN WATER FEES FOR THE CITY OF LAKEWOOD
ITEM 8 - RESOLUTION 2003-38 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF A REPLACEMENT BRIDGE ON KIPLING STREET OVER BEAR CREEK
ITEM 9 - RESOLUTION 2003-39 - FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 6 TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107(1)
ITEM 10 - RESOLUTION 2003-40 - AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND GORSUCH KIRGIS LLP, ATTORNEYS AT LAW, TO PROVIDE FOR LEGAL SERVICES TO THE CITY OF LAKEWOOD
ITEM 11 - ORDINANCE O-2003-16 - AUTHORIZING AN EASEMENT AGREEMENT TO THE CONSOLIDATED
MUTUAL WATER COMPANY FOR UNDERGROUND WATER LINE AND RELATED FACILITIES THROUGH
THE CITY MAINTENANCE SHOP FACILITY AT 850 PARFET STREET, LAKEWOOD, COLORADO,
FURTHER DECLARING AN EMERGENCY
ITEM 12 - ORDINANCE 2003-17 - AMENDING THE LAKEWOOD ZONING ORDINANCE ARTICLE 2, RELATING TO THE DEFINITIONS OF SCHOOLS AND COLLEGES AND UNIVERSITIES, ARTICLE 5, RELATING TO THE LOCATION OF SCHOOLS AND COLLEGES AND UNIVERSITIES, AND ARTICLE 6 RELATING TO COLLEGES AND UNIVERSITIES AS A SPECIAL USE
ITEM 13 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting May 16, 2003
ITEM 14 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Head Start Governing
Board Meeting February 27, 2003
Senior Citizens Advisory
Commission Meeting April 9, 2003
Planning Commission
Public Hearing Meeting April 16, 2003
Heritage, Culture & The
Arts Commission Meeting April 16, 2003
Housing Authority Meeting April 28, 2003
Public Comments: 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.
Councilwoman Wise asked if City Attorney Roger Noonan could explain the actions taken by Resolution 2003-39. She stated a procedural explanation may help the citizens understand that the public process is being adhered to.
City Attorney Roger Noonan stated that the Resolution is the first step in the process for consideration by the City Council of an annexation. It is more of a procedural step. By passing the resolution, it does not obligate the City Council in any way, shape or form as to whether they are going to annex the property or not. It is simply a reporting process from the City Clerk to City Council that the petition was filed with her office and she has forwarded it to you. The resolution, basically, states that staff has reviewed the petition and finds that it is in compliance with the state statutes. Once that determination is made, City Council sets a public hearing approximately five weeks out and requires that four publications be published in the newspaper once each week for four consecutive weeks establishing the public hearing. It is July 28th. At that time, Council will receive testimony from the public regarding the annexation. The resolution has nothing to do with zoning, it is strictly annexation. City Council has complete discretion on whether property is annexed or not.
Councilman Stevens asked Jay Hutchison, City Engineer, for information regarding the design and replacement of the bridge on Kipling Street over Bear Creek.
Mr. Hutchison stated that the structure currently over Bear Creek is very old. It is load posted and a weight limit applies to that structure that prevents some vehicles from crossing it. The design should be complete early next year and construction will probably start immediately after school session closes next spring and hopefully, be completed shortly into the next school year. He stated that they have been in contact with the R-1 School District and will notify homeowners associations regarding the construction.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
ITEM 15 - GENERAL BUSINESS
None.
ITEM 16 - REPORTS
Mayor and City Council reported their previous week's activities and announced
upcoming meetings and events at which they would be present.
ITEM 17 - 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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