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

ITEM 1 - CALL TO ORDER

Councilman Ray Elliott called the meeting to order at 7:00 p.m. in the Council Chambers, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado. Mayor Pro Tem Barbara Green Martin arrived shortly thereafter.

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 Pro Tem Barbara Green Martin, Presiding

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

Absent:: Mayor Steve Burkholder, Debbie Koop

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

ITEM 3 - PLEDGE OF ALLEGIANCE

ITEM 4 - RESOLUTION 2004-68 - APPOINTING A MEMBER TO THE LAKEWOOD PLANNING COMMISSION

Councilwoman Wise made a motion to adopt resolution 2004-68. Councilman Booher seconded the motion.

Vote: All ayes, no nays. The motion carried.

Councilwoman Wise introduced John Plotkin, the newly appointed member of the Lakewood Planning Commission, who was present at the meeting.

ITEM 5 - PUBLIC COMMENT

Newt Vaughan, 8663 W Hawaii Drive expressed his thanks to Councilmembers Herbst, Elliott and Booher for having the courage to stand up to their convictions in expressing caution regarding the proposed expenditure of $8 billion for Fastracks. He said Councilman Elliott encouraged the Council to take a real good look at the proposal and that the Council should have done that rather than just rubber-stamp spending that kind of money. Mr. Vaughan asked people to consider how often they will actually use the service before voting on the proposal and whether they are willing to pay the bill. He stated that there is also a proposal being developed about doing away with TABOR and commented that TABOR is the only thing that rides control over our government in Colorado today. He urged people to evaluate whether or not they are getting value for the money being spent.

Since there were no other speakers, the public comment hearing was closed.

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

ITEM 6 - RESOLUTION 2004-69 - AUTHORIZING THE CITY OF LAKEWOOD'S APPLICATION FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 PUBLIC FACILITIES FUNDS

ITEM 7 - RESOLUTION 2004-70 - AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT REGARDING THE IMPROVEMENTS AT PELICAN POINT IN BEAR CREEK LAKE PARK AND AUTHORIZING THE DIRECTOR OF COMMUNITY RESOURCES TO SIGN THE GRANT AGREEMENT

ITEM 8 - RESOLUTION 2004-71 - ACCEPTING THE BID AND AUTHORIZING A CONTRACT FOR CONSTRUCTION OF THE ALAMEDA/JEWELL AVENUE SAFETY PROJECT

ITEM 9 - RESOLUTION 2004-72 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND SOUTH SHERIDAN BAPTIST CHURCH FOR THE EXISTING PRIVATE PARKING IN THE WEST KENTUCKY AVENUE RIGHT OF WAY

ITEM 10 - RESOLUTION 2004-73 - APPROVING PARTICIPATION BY THE CITY OF LAKEWOOD IN A COORDINATED ELECTION TO BE CONDUCTED BY THE JEFFERSON COUNTY CLERK AND RECORDER ON NOVEMBER 2, 2004

ITEM 11 - RESOLUTION 2004-74 - APPROVING AND AUTHORIZING THE RENAMING OF DENVER WEST BOULEVARD BETWEEN WEST COLFAX AVENUE TO THE CENTERLINE OF I-70

ITEM 12 - RESOLUTION 2004-75 - AMENDING A CONTRACT WITH McLAUGHLIN WATER ENGINEERS FOR FINAL DESIGN OF THE LENA GULCH STABILIZATION IMPROVEMENT PROJECT

ITEM 13 - RESOLUTION 2004-76 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND MARGARET B. COZZENS, JAMES AND LAURIE VAN SICKLE FOR THE CONSTRUCTION OF A DRAINAGE CULVERT AND OTHER DRAINAGE IMPROVEMENTS IN THE WEST BEAR CREEK DRIVE RIGHT OF WAY

ITEM 14 - RESOLUTION 2004-77 - CALLING FOR A SPECIAL ELECTION IN THE CITY OF LAKEWOOD FOR CONSIDERATION OF PROPOSED CHANGES TO THE CITY CHARTER

Acting City Clerk Sharon Blackstock stated that public hearings would not be held tonight on the next four items, Ordinances 2004-24, 25, 27 & 29, due to a publication error, and were included in tonight's Consent Agenda as first reading ordinances.

ITEM 15 - ORDINANCE O-2004-24 - TO REZONE LAND LOCATED AT 10020 WEST COLFAX AVENUE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 16 - ORDINANCE O-2004-25 - DISCONNECTING FROM THE CITY OF LAKEWOOD CERTAIN PROPERTY LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, AND IN THE NORTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, JEFFERSON COUNTY, STATE OF COLORADO

ITEM 17 - ORDINANCE O-2004-27 - TO REZONE LAND LOCATED AT 5991 WEST COLFAX AVENUE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 18 - ORDINANCE O-2004-29 - AMENDING SECTION 5.39.020 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSES

ITEM 19 - ORDINANCE O-2004-30 - AMENDING SECTION 14.16.030 AND SUBSECTION 14.16.070E. OF THE LAKEWOOD MUNICIPAL CODE RELATED TO PARK AND OPEN SPACE DEDICATION

ITEM 20 - ORDINANCE O-2004-31 - AUTHORIZING THE VACATION OF PORTIONS OF SOUTH VANCE STREET, WEST BYERS AVENUE AND WEST BYERS PLACE ALL IN THE SOUTHEAST QUARTER OF SECTION 11 RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY

ITEM 21 - ORDINANCE O-2004-32 - VACATING A TEN FOOT WIDE UTILITY EASEMENT LYING ALONG THE SOUTHWEST PROPERTY LINE OF 2540 SOUTH GRAY COURT AND FURTHER LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

ITEM 22 - ORDINANCE O-2004-33 - AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF LAKEWOOD OF A FIRST AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; AND PROVIDING OTHER MATTERS RELATING THERETO

ITEM 23 - ORDINANCE O-2004-34 - ADDING CHAPTER 5.41 TO TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES AND REGULATIONS

ITEM 24 - ORDINANCE O-2004-35 - AMENDING SECTION 1.16.080 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PENALTY FOR VIOLATIONS, AMENDING SECTIONS 9.08.010, 9.10.030, 9.12.010, 9.20.050, 9.70.020 AND 9.70.025 AND ADDING SECTIONS 9.50.090, 9.92.020, AND 9.92.030 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY

ITEM 25 - ORDINANCE O-2004-36 - ADDING SECTIONS 9.50.120 AND 9.50.130 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY

ITEM 26 - ORDINANCE O-2004-37 - AMENDING SECTION 3.11.020 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO REVENUE AND FINANCE

ITEM 27 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Lakewood Senior Citizens Advisory Commission Meeting May 12, 2004
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting May 13,2004
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting May 27,2004
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting June 10, 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. Councilman Booher seconded the motion.

Councilwoman Kesselman asked if there were any site plans for the proposed improvements in Bear Creek Lake Park (Item 7). Bill Jewell, Manager of Regional Parks and Golf, told her that he would get a copy to her tomorrow.

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

ITEM 28 - ORDINANCE O-2004-26 - AMENDING SECTION 17-15-3 OF THE LAKEWOOD ZONING ORDINANCE

Public Comment: None.

Councilman Elliott made a motion to adopt Ordinance O-2004-26 on second and final reading. It was seconded by Councilman Booher.

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

ITEM 29 - ORDINANCE O-2004-28 - AMENDING SECTIONS 17-2-2, 17-5-15, 17-5-16, 17-5-17, 17-5-18, 17-5-19, 17-5-20, 17-5-21 AND 17-6-4 OF THE LAKEWOOD ZONING ORDINANCE

Public Comment: None.

Mayor Pro Tem Martin asked for staff input regarding this ordinance. Kara Mueller, Planner II, stated that the purpose of the ordinance is to address issues related to animal day care facilities. The proposed changes to the Zoning Ordinance include some new definitions, clarifies allowed uses in particular zones, and gives the City the tools needed to regulate these types of business.

Councilman Elliott made a motion to adopt Ordinance O-2004-28 on second and final reading. It was seconded by Councilman Booher.

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

ITEM 30 - GENERAL BUSINESS

Councilman Elliott made a motion to hold a Special Meeting on Monday, August 2, 2004, at 7:00 p.m. for the purpose of holding an Executive Session to develop negotiation strategies regarding potential development, included, but not limited to, property at Alameda and Kipling, Lakewood City Commons, the Belmar Project, and other sites, per C.R.S. 24-6-402(4)(e) and Section 2.1(c)(2) of the Lakewood City Charter. It was seconded by Councilman Booher.

Mayor Pro Tem Martin stated that the executive session would be in lieu of a study session on August 2.

Vote: All Ayes. No Nays

ITEM 31 - REPORTS

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

Mayor Pro Tem Martin - last night she attended a special event for the new events center, Tuluum, located east of the Belmar District in the Martischang area. She also reported on a networking event for the West Colfax Community Association held at Jeffco Action Center last week.

Councilman Elliott - last Friday he got to see a preview of the Young Ameritowne project coming to Lakewood in January 2005 by touring the facility at 1st & Cherry Creek.

Councilman Booher reported that a community group in Ward 4 will be holding an election debate between Senate candidates on Saturday, August 7, 1:00-3:00 at the Lutheran Church of the Master.

Councilman Murphy - last week's presentation to the Colfax Committee on Trends in Retailing was excellent. The next meeting will be held August 3rd at 4:30 p.m. in the Rotunda Building, Rocky Mountain College of Art and Design. The presentation will be on economic development.

Councilwoman Wise expressed her congratulations Amy Sherman of the West Chamber of Congress, who is pregnant with twins.

ITEM 32 - ADJOURNMENT

There being no further business to come before the Council; Mayor Pro Tem Martin adjourned the meeting at 7:27 p.m.

Submitted by,
Sharon Blackstock, Acting City Clerk