City Council Minutes of March 28, 2005
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. March 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
Carol Kesselman
Ray Elliott
Tom Booher
Bob Murphy
Barbara Martin
Mike Stevens

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

ITEM 3 - PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

ITEM 4 - PROCLAMATION - MUSIC SCHOLAR DAY - MELISSSA GRAHAM

Mayor Burkholder proclaimed March 28, 2005, Music Scholar Day. Melissa Graham gave a brief recital and thanked City Council for the opportunity to be a music exchange student on behalf of the City of Lakewood.

ITEM 5 - PROCLAMATION -MUSIC SCHOLAR DAY - SIMON VILIES
Simon Vilies gave a brief recital and thanked City Council for the opportunity to be a foreign music exchange student on behalf of the City of Lakewood.

ITEM 6 - PRESENTATION - AMERICAN PUBLIC WORKS ASSOCIATION (APWA)
AWARD

Dan Hartman, a representative from the APWA, presented a plaque to Jay Hutchison on behalf of the public improvements made at the Belmar Center in conjunction with MB Consultants and Continuum Partners.

ITEM 7 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS

Fred Taake, representative, presented a $3500 grant to Edie Richey to benefit the City's Senor Alzheimer Program.

ITEM 8 - RESOLUTION 2005-20 - SUPPORTING THE CREATION OF THE ROCKY FLATS COLD WAR MUSEUM AT THE FORMER PLANT SITE

Councilwoman Kesselman made a motion to adopt Resolution 2005-20. Councilwoman Koop seconded the motion.

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

Bob Nelson, Vice President of the R.M. Cold War Museum, thanked the City Council for their support of this resolution.

ITEM 9 - RESOLUTION 2005-23 - IN APPRECIATION FOR THE SERVICES OF CHARLES CHOI, RETIRING MEMBER OF THE PLANNING COMMISSION AND PAST CHAIRMAN OF THE COMMISSION.

Mayor Burkholder presented a letter of appreciation to Charles Choi, former member of the Lakewood Planning Commission, for his work on the commission and in particular, on the new Lakewood Comprehensive Plan.

Councilwoman Kesselman made a motion to adopt Resolution 2005-23. Councilwoman Koop seconded the motion.

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

ITEM 10 - RESOLUTION 2005-24 - IN APPRECIATION FOR THE SERVICES OF TOM QUINN, RETIRING MEMBER OF THE PLANNING COMMISSION AND IMMEDIATE PAST CHAIRMAN OF THE COMMISSION

Mayor Burkholder presented a letter of appreciation to Tom Quinn, former member of the Lakewood Planning Commission, for his work on the commission and in particular, on the new Lakewood Comprehensive Plan.
Councilwoman Kesselman made a motion to adopt Resolution 2005-24. Councilwoman Koop seconded the motion.

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

ITEM 11 - RESOLUTION 2005-17 - RE-APPOINTING MEMBERS TO THE LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE LICENSING AUTHORITY

Councilwoman Kesselman made a motion to adopt Resolution 2005-17. Councilwoman Koop seconded the motion.

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

ITEM 12 - RESOLUTION 2005-18 - APPOINTING MEMBERS TO THE LAKEWOOD BOARD OF APPEALS

Councilwoman Kesselman made a motion to adopt Resolution 2005-18. Councilwoman Koop seconded the motion.

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

ITEM 13 - RESOLUTION-2005-19 - APPOINTING MEMBERS TO THE LAKEWOOD PLANNING COMMISSION

Councilwoman Kesselman made a motion to adopt Resolution 2005-19. Councilwoman Koop seconded the motion.

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

ITEM 14 - PUBLIC COMMENT

Darl Hobson - 8756 W. Iliff Avenue - Lakewood, Colorado
Mr. Hobson spoke on behalf of the Kiwanis Clubs asking for support of "Share the Stars" Astronomy Peak at the outdoor lab facility at Windy Peak. Fund raising is currently in process.

Carol Rahn - 195 Allison - Lakewood, Colorado
Invited people to nominate seniors for the JeffCo Council on Aging's special award which will be presented on May 19, 2005. Nomination forms will be made available through the Mayor's Office.

Mike Muller - 868 S. Owens - Lakewood, Colorado
Mr. Muller honored three council members for their work by presenting an American Eagle Emblem to them.

Walt Heidenfelder - 13009 W Ohio Avenue - Lakewood, Colorado
Mr. Heidenfelder thanked Mike Rock for apologizing regarding the censorship of art. He stated he would like further discussion regarding the use of taxpayer's dollars to fund such activities.

Fred Taake - 20151 W. Exposition - Lakewood, Colorado
Mr. Taake invited everyone to the Lakewood Legacy Golf Tournament on May 15, 2005, which is a fund raising event for the Lakewood Legacy Foundation.

Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that the rational behind the need for a tax increase is confuses. Using public safety and lack of police officers in schools is a scare tactic.

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

ITEM 15 -RESOLUTION 2005-14 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND RONALD A. MARTINEZ AND SHARLA D. MARTINEZ, ACROSS WEST 8TH AVENUE ADJACENT TO THE PROPERTY AT 870 KIPLING STREET

ITEM 16 - RESOLUTION 2005-15 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND ALAMEDA GATEWAY COMMUNITY ASSOCIATION

ITEM 17 - RESOLUTION 2005-16 - AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 937 AND 1061 SOUTH SHERIDAN BOULEVARD FOR THE SOUTH SHERIDAN BOULEVARD MISSISSIPPI AVENUE TO CENTER AVENUE SIDEWALK IMPROVEMENT PROJECT.

ITEM 18 - RESOLUTION 2005-21 - APPROVING A NEW JOB DESCRIPTION FOR THE CITY MANAGER'S POSITION

ITEM 19 - RESOLUTION 2005-22 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND SAFEWAY STORES 45, INC.

ITEM 20 - ORDINANCE O-2005-15 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES

ITEM 21 - ORDINANCE O-2005-16 - TO REZONE LAND LOCATED AT 945 SOUTH KIPLING PARKWAY, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 22 - ORDINANCE O-2005-17 - TO REZONE LAND LOCATED AT 1065 SOUTH EATON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 23 - ORDINANCE O-2005-18 - ADOPTING A NEW CHAPTER 5.54 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO NONGOVERNMENTAL RESIDENTIAL FACILITIES FOR THE TREATMENT OR SUPERVISION OF OUT-OF-STATE OFFENDERS

ITEM 24 - ORDINANCE O-2005-19 - VACATING A PORTION OF GLADIOLA STREET RIGHT-OF-WAY LYING BETWEEN WEST 7TH AVENUE AND WEST 8TH AVENUE IN THE CITY OF LAKEWOOD

ITEM 25 - ORDINANCE O-2005-20 - REPEALING ORDINANCE O-83-175 AND DESIGNATING THE DENVER POST NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR PURPOSES OF PUBLICATION OF ORDINANCES, PUBLIC HEARINGS, AND OTHER MATTERS

ITEM 26 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting February 14, 2005
Regular City Council Meeting March 7, 2005

ITEM 27 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Head Start Governing Board Meeting November 22, 2004
Lakewood Housing Authority Meeting January 21, 2005
Lakewood Planning Commission Meeting February 2, 2005

Public Comment: None.

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

ITEM 28 - 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

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-8 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 29 - 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

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-9 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 30 - ORDINANCE O-2005-10 - AUTHORIZING AN AGREEMENT WITH BELMAR COMMUNICATION SERVICES, LLC REGARDING INSTALLATION, MAINTENANCE AND OWNERSHIP OF CONDUIT IN BELMAR RIGHTS-OF-WAY.

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-10 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 31 - 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

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-11 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 32 - 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

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-12 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 33 - 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

Public Comment:

Susan O'Connell - 895 Benton Street - Lakewood, Colorado
Representing Two Creeks Neighborhood Association - was in support of the ordinance.

Robert McConnell - 8 95 Benton Street - Lakewood, Colorado
Did not speak - was in support of the ordinance.

Madeline Nichols - 5800 W. 8th Avenue - Lakewood, Colorado
Spoke in support of the ordinance.

Michael Turner - 7155 W. 9th Avenue - Lakewood, Colorado
Spoke in support of the ordinance.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-13 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 34 - ORDINANCE 0-2005-14 - TO REZONE LAND LOCATED AT 1575 SIMMS STREET, CITY OF LAKEWOOD, COLORADO

Brian Weishaar - 9500 W. 9th Avenue - Lakewood, Colorado
He is the applicant/owner of 1575 Simms was available to answer questions.

Brian Cruz - 1555 Simms Street - Lakewood, Colorado
Mr. Cruz stated he had a concern about overflow parking problems which already currently exist in the area.

Family Dentistry - 2565 Simms Street - Lakewood, Colorado
Representative spoke about concerns with overflow parking problems.

City Planner I, Tina Dill, Project Manager for Rezoning #RZ-040002 - 1575 Simms Street - stated that the rezoning application was from a 4R zoning to Office. Staff has reviewed the proposal and the parking issues will be addressed at a future date. Staff recommended approval of the rezoning.

Planning Commission recommended approval of the rezoning with a vote of 6-0.

Public Comment: None.

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-14 on second and final reading. Councilwoman Koop seconded the motion.

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

ITEM 35 - GENERAL BUSINESS

Motion to hold an Executive Session following this meeting to develop negotiation strategies regarding development projects, included, but not limited to, property at 1st Avenue and Wadsworth Blvd., the Belmar Center, Colorado Mills, Colfax Avenue/Wadsworth Blvd., 6th Avenue/Simms Street and other sites, per C.R.S. 24-6-402(4)(e) and Section 2.1(c)(2) of the Lakewood City Charter AND to discuss personnel matters, per C.R.S. 24-6-402(4)(f) and Section 2.15(c)(8) of the Lakewood City Charter.

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.

ITEM 36 - REPORTS

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

ITEM 37 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:50 p.m.

Submitted by,
Margy Greer, City Clerk