Untitled Document MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. April 26, 2004

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.

Full and timely notice of this City Council meeting had been given and a quorum was present.

ITEM 2 - ROLL CALL

Those present were: Mayor Steve Burkholder, Presiding

Jackie Herbst
Debbie Koop
Cheryl Wise
Ed Peterson
Carol Kesselman
Ray Elliott
Mike Stevens
Tom Booher
Bob Murphy

Absent: Barbara Martin

Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney

ITEM 3 - PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

Mayor Burkholder recognized several Boy Scouts who were in the audience.

ITEM 4 - PROCLAMATION - HOLOCAUST REMEMBRANCE DAY

Mayor Burkholder proclaimed April 18-April 25, 2004, Days of Remembrance of the Victims of the Holocaust.

ITEM 5 - PROCLAMATION - ARBOR DAY

Mayor Burkholder proclaimed April 16, 2004, Arbor Day in the City of Lakewood and presented the Proclamation to John Dzialo, City Forester. In turn, Keith Woods from Colorado State Forestry presented the Tree City USA Award to Mayor Burkholder.

ITEM 6 - PUBLIC COMMENT

Steve Holben - 3343 S. Nelson Court - Lakewood, CO
Mr. Holben read a letter stating that the City's Comprehensive Plan and implementing ordinances mandate protection of view corridors, and Mt. Carbon is the definition of a view corridor and should be protected. He stated that all efforts to have a productive meeting with a City official was rebuffed. Mr. Holben stated that Ward 5 councilors were derelict in their duties regarding serving the citizens of the city. He challenged City representatives to comply with the Comprehensive Plan and Core Community Values by explaining why the toilet facility is not being removed from Mt. Carbon He stated that the toilet should be relocated. He stated a government that doesn't follow the law is corrupt and should not be tolerated.

Fred Taake - 10251 W. Exposition Drive - Lakewood, CO
Mr. Taake promoted the Lakewood Legacy Foundation Golf Tournament/fund raiser and invited the City Council and the public to the tournament being held on May 15, 2004, at Fox Hollow Golf Course.

Marge Klein - 4251 Kipling - Wheat Ridge, CO
Ms. Klein stated that she works in Congressman Beauprez's Office and invited City Council to attend Town Hall meetings on Monday nights between 5-7 p.m. at Red Rocks Community College. The topic of the meetings is the "No Child Left Behind" campaign.

Mayor Burkholder stated that the City would put a trailer on Channel 8 promoting the meetings.

The following Consent Agenda items were read into the record by the City Clerk:

ITEM 7 - ORDINANCE O-2004-12 - TO REZONE LAND LOCATED AT 1906 SOUTH KIPLING STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 8 - ORDINANCE O-2004-13 - AMENDING SECTIONS 17-21-2 (1), 17-21-2 (2), and 17-21-12 OF THE LAKEWOOD ZONING ORDINANCE PERTAINING TO THE ALAMEDA OVERLAY ZONE DISTRICT

ITEM 9 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Lakewood Planning Commission Meeting January 21, 2004
Lakewood Liquor And Fermented Malt Beverage Licensing Authority Meeting March 11, 2004
Lakewood Senior Citizen Advisory Commission Meeting February 11, 2004
Heritage, Culture & the Arts Commission Meeting March 17, 2004

Public Comment: None

Councilman Elliott 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. Councilwoman Koop seconded the motion.

Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.

Mayor Burkholder opened a combined public hearing for Items #10 and #11.

ITEM 10 - ORDINANCE O-2004-6 - AMENDING TITLE FIVE OF THE LAKEWOOD MUNICIPAL CODE BY CREATING A NEW CHAPTER 5.26 REGULATING CONCRETE AND ASPHALT PLANTS

Richard Plastino, Public Works Director, presented the proposed ordinance stating that a local ordinance will allow the city to enforce air emission and dirt tracking standards and otherwise control impacts from such plants. Mr. Plastino stated that the proposed ordinance had been reviewed by staff, City Council, the plant operator, and the industry association. He stated that the plant would be able to begin operations at 5:00 a.m. in the summer, 6:00 a.m. in the winter, and 7:00 a.m. on Sundays. Paved surfaces will be required for employee parking. The license fee is a one-time payment of $150.00.

Public Comment:

Jim Kerlin - 1365 Harlan Street - Lakewood CO
Mr. Kerlin spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Charles B. Kerlin - 1369 Harlan Street - Lakewood, CO
Mr. Kerlin showed City Council a video tape and spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Tom Flaherty - 1367 Harlan Street - Lakewood, CO
Mr. Flaherty spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Stuart Arnold- 1305 Harlan Street - Lakewood, CO
Mr. Arnold spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Scott Jessel - 1370 Harlan Street - Lakewood, CO
Mr. Jessel spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Susan McConnell - 895 Benton Street - Lakewood, CO
Ms. McConnell stated she was Co-Chair of the Two Creeks Neighborhood Association and she spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Deb Jones - 7020 W. 13th Avenue - Lakewood, CO
Ms. Jones spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Bob Fisher - 880 Benton Street - Lakewood, CO
Mr. Fisher spoke of several problems regarding the effects of the plant's operation and was in support of the proposed ordinance.

Tim Pike - 4408 W. 4th Street - Greeley, CO
Mr. Pike stated that he was the Quality Control Manager for Central Ready Mix and they also supported the proposed ordinance.

Brent Schieffel- 5281 S. Cody Street - Littleton, CO
Mr. Shieffel stated that he is the Operation Manager of the plant and he supported the ordinance.

Chuck Napples - 1385 Gray Street - Lakewood, CO
Mr. Napples spoke of several problems regarding the effects of the plant's operation.

Councilman Elliott made a motion to adopt Ordinance O-2004-6 on second and final reading. Councilwoman Koop seconded the motion.

A question and answer period ensued.

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

ITEM 11- RESOLUTION 2004-48 - ESTABLISHING CERTAIN FEES FOR THE CITY OF LAKEWOOD

Councilman Elliott made a motion to adopt Resolution 2004-48. Councilwoman Koop seconded the motion.

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

ITEM 12 - GENERAL BUSINESS

Councilman Elliott made a motion to hold an Executive Session following the meeting to discuss personnel matters, in particular citywide compensation benefits and related issues, per C.R.S. 24-6-402(4)(f) and 2.15(c)(8) of the Lakewood Home Rule Charter.

ITEM 13 - REPORTS

City Council reported on their attendance at various meetings and events and announced upcoming events and meetings.

ITEM 14 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:33 p.m.

ITEM 15 - ADJOURNMENT

Submitted by,
Margy Greer, City Clerk