City Council Minutes of February 28, 2005
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. February 28, 2005

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
Ray Elliott
Tom Booher
Bob Murphy
Carol Kesselman
Mike Stevens

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.

ITEM 4 - PRESENTATION - METRO MAYOR'S YOUTH AWARD NOMINEES

Certificates of Recognition were given to Justin Reynolds, Christin Terrell, Nykeshia Gilliam, Deserae Dominguez, and Paula Lee for being nominees from Lakewood schools to receive the Metropolitan Mayor and Commissions Youth Commission Awards.

ITEM 5 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANT

Eileen Schurman, Lakewood Legacy Foundation, presented a grant in the amount of $600 to David Saletto for the handicap skiers at winter park program. Another grant in the amount of $1000 was given to CASA, Court Appointed Special Advocates, for hiring and training purposes.

ITEM 6 - PUBLIC COMMENT

Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan stated the last time the governance group met they changed their name to "Lakewood Community Governance" or something similar. They will be discussing what direction the City should be going in. They will be talking about population, shopping centers, police force, alternate funding, steady tax structure, internet tax problems and other issues that are important to the community. He urged citizens to participate in the process.

Rita Bertolli - 213484 W. Oregon Court - Lakewood, Colorado
Ms. Bertolli stated that the developer held a neighborhood meeting last week with over 90 people in attendance. Nothing was discussed, as he was not ready to develop the site. She asked for the purpose of the meeting and stated that the developer gave negative responses to questions and was not prepared. She stated she would be monitoring the process.

Walt Heidenfelder - 13095 W. Ohio Place - Lakewood, Colorado
Mr. Heidenfelder stated that the citizens need to stay focused on the issues. A recent state bond issue is being voted on that would have catch up on 20 years of school under-funding and helped educate teachers. These dollars are needed to help train. Lakewood needs to concentrate on its sales tax issue as well and not get sidetracked.

Vince Harris, Planning Manager, Planning Department - City of Lakewood, Colorado
In response to Ms. Bertolli's concerns, Mr. Harris stated that the developer did hold a neighborhood meeting as required. It was a meeting to gather neighborhood input prior to submitting a formal application to the Planning Department. There are studies which he will be required to conduct as part of the application process.

ITEM 7 - RESOLUTION-2005-11 - IN SUPPORT OF CULTURE & THE ARTS IN THE LAKEWOOD COMMUNITY AND SUPPORTING THE ROLE OF THE CITY OF LAKEWOOD'S HERITAGE, CULTURE & THE ARTS COMMISSION

Councilwoman Koop read the resolution in its entirety.

Public Comment:

Bob Zachman - 13182 W. Jewell Circle - Lakewood, Colorado
Mr. Zachman advocated for more discussion and more tolerance regarding the HCA displays and stated he supported the resolution.

Tamra Hartman - 12839 W. Alameda Drive - Lakewood, Colorado
Ms. Hartman asked to allow for opposing political art regarding politically charged exhibits at the HCA Center. She spoke in support of the troops and that the troops should not be slapped in the face by the public.

Tom Graham - 6080 Routt Street - Arvada, Colorado
Mr. Graham stated he supported the arts as long as the displays are appropriate. He stated he was in support of the Armed Forces.

Mike Mueller - 868 S. Owens Court - Lakewood, Colorado
Mr. Mueller stated that the art was not a matter of free speech, but taxpayer supported propaganda.

Donald Tallman - 960 S. Coors Drive - Lakewood, Colorado
Mr. Tallman stated that there are number of elements that make Lakewood a great place to live and the cultural arts is one of them. He asked that Lakewood not suppress ideas of the HCA as they are an important part of Lakewood's cultural policy.

Walt Heidenfelder- 13095 W. Ohio Avenue - Lakewood, Colorado
Mr. Heidenfelder stated that the removal of the art was an inappropriate abuse of power by the City politicians. People fought for freedoms and one of those freedoms was the right to show that type of art.

Christian Worley - 8505 Meadowlark Drive - Lakewood, Colorado
Was in support of both resolutions. Art is important to the community. Removal of the art was two steps backwards. Artists will shy away from Lakewood if their art is censored. Let us make up our own mind about art.

Councilwoman Kesselman made a motion to adopt Resolution 2005-11. Councilwoman Koop seconded the motion.

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

RESOLUTION R-2005-12 - REAFFIRMING THE LAKEWOOD CITY COUNCIL'S MARCH, 2003 PUBLIC STATEMENTS OF SUPPORT FOR THE MEN AND WOMEN WHO HAVE, IN THE PAST, OR ARE CURRENTLY SERVING IN THE ARMED FORCES OF THE UNITED STATES OF AMERICA

Public Comment:

Frank N. Bales - 200 E. 12th Avenue, #39, Denver, Colorado
Mr. Bales stated he had great pride in the Marine Corps and the men and women who have died in war protecting this country and supported the resolution.

Wesleys Love - 12407 W. 2nd Place Bldg. 14-304, Lakewood, Colorado
Did not wish to speak, but was in support of the resolution.
Marty Topping - 2219 S. Alkire Court - Lakewood, Colorado
Mr. Topping thanked those who were in attendance. He stated that the display was incorrect. The military personnel are not cowards. Although he disagreed with the words on the art, he was glad for the opportunity to discuss it.

Dave Weichman - 722 S. Beech Street - Lakewood, Colorado
Mr. Weichman stated as a former solider, he was appalled by the words in the stone, but one of the oaths he took was to defend the spirit of America, which would include the protection of all. He urged people to focus on the issues at hand such as the city's budget issues.

Council members spoke in favor of both resolutions.

Councilwoman Kesselman made a motion to adopt Resolution 2005-12. Councilwoman Koop seconded the motion.

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

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

ITEM 8 - ORDINANCE O-2005-8 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS TO SOUTH LAKEWOOD GULCH AT COLORADO CHRISTIAN UNIVERSITY AND MILE HIGH CHURCH, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS

ITEM 9 - ORDINANCE O-2005-9 - AMENDING SECTIONS 5.24.010, 5.24.080, 5.24.140, 5.24.210, AND 5.24.250 OF CHAPTER 5.24 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PAWNBROKERS

ITEM 10 - ORDINANCE O-2005-10 - AUTHORIZING AN AGREEMENT WITH BELMAR COMMUNICATION SERVICES, LLC REGARDING INSTALLATION, MAINTENANCE AND OWNERSHIP OF CONDUIT IN BELMAR RIGHTS-OF-WAY

ITEM 11 - ORDINANCE O-2005-11 - ADDING SECTION 10.30.030 10.54.130, AND 10.57.090 AND AMENDING SECTIONS 10.15.010 (B)(4), 10.45.130, 10.54.050, 10.57.040, 10.60.190, AND 10.60.220 OF TITLE 10 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC

ITEM 12 - ORDINANCE O-2005-12 - ADDING SECTIONS 6.06.010 AND 6.07.105 AND AMENDING SECTIONS 6.03.010, 6.03.030, 6.05.020 (A), (B), 6.07.010, 6.07.020, 6.07.100, 6.07.110, AND 6.08.020 OF TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS

ITEM 13 - ORDINANCE O-2005-13 - AMENDING TITLE 17, ARTICLE 5, OF THE LAKEWOOD ZONING ORDINANCE AND CHAPTER 5.24 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE LOCATION OF PAWNBROKER BUSINESSES

ITEM 14 - ORDINANCE O-2005-14 - TO REZONE LAND LOCATED AT 1575 SIMMS STREET, CITY OF LAKEWOOD, COLORADO

ITEM 15 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting January 10, 2005
Regular City Council Meeting January 24, 2005

ITEM 16 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Liquor & Fermented Malt Beverage Licensing Authority December 9, 2004
Lakewood Victim Assistance Compensation Board Meeting January 18, 2005

Public Comment: None.

Councilwoman Kesselman made a motion to approve the Consent Agenda as presented. It was seconded by Councilwoman Koop.

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

ITEM 17 - ORDINANCE O-2005-4 - AMENDING THE MUNICIPAL WARD BOUNDARIES FOR THE CITY OF LAKEWOOD, COLORADO

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-4 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 18 - ORDINANCE O-2005-5 - ADDING A NEW CHAPTER 12.19 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPROVAL OF LICENSE AGREEMENTS FOR MINOR ENCROACHMENTS IN PUBLIC RIGHTS OF WAYS AND AMENDING CHAPTER 8.14.025 D REGARDING THE LOCATION OF TRASH AND REFUSE CONTAINERS

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-5 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 19 - ORDINANCE O-2005-6 - AUTHORIZING SIGNATURE OF AN EASEMENT FOR UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES TO BEAR CREEK WATER AND SANITATION DISTRICT ACROSS BEAR CREEK GREENBELT PARK, LAKEWOOD, COLORADO

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-6 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 20 - ORDINANCE O-2005-7 - TO REZONE LAND LOCATED AT 105 WADSWORTH BOULEVARD, CITY OF LAKEWOOD, COLORADO

Applicant's representative Brenda Godfrey, Drake Real Estate Services, 280 Columbia Street, Denver, Colorado was available to answer questions.

City Project Manager Chad Minor stated that the Planning Commission recommended approval of the rezoning at their February 2, 2005 meeting. The vote was 6-0. He stated that Lakewood staff also recommended approval based on the findings of fact.

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-7 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 21 - GENERAL BUSINESS

A. MOTION TO HOLD AN EXECUTIVE SESSION FOLLOWING THE LAKEWOOD REINVESTMENT AUTHORITY MEETING TO DISCUSS MATTERS OF ATTORNEY-CLIENT PRIVILEGE PURSUANT TO HOME RULE CHARTER SECTION 2.15 C (4) AND C.R.S. 24-6-402 (4) (B).

Councilwoman Kesselman made a motion to hold an executive session as stated above. Councilwoman Koop seconded the motion.

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

B. MOTION TO HOLD A SPECIAL MEETING ON MONDAY, MARCH 7, 2005 AT 7:00 PM FOR THE PURPOSE OF VOTING ON A CONTRACT FOR LEGAL SERVICES.

Councilwoman Kesselman made a motion to hold a special meeting on March 7, 2005, as stated above. Councilwoman Koop seconded the motion.

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

ITEM 22 - REPORTS

Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.

ITEM 23 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:00 p.m.

Submitted by,
Margy Greer, City Clerk