CC Meeting 8/22/05 Minutes
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. August 22, 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
Barbara Martin
Mike Stevens

Absent: None

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

ITEM 3 - PLEDGE OF ALLEGIANCE

Boy Scout Trop #342 presented the Colors and led the audience in the Pledge of Allegiance.

ITEM 4 - PUBLIC COMMENT

Bunny Malm - 11223 W. 18th Avenue - Lakewood, CO
Ms. Malm stated she was a Ward 1 City Council candidate. She thanked Councilwomen Martin and Wise for keeping Lakewood at the table during the discussions regarding Cabello's and the impacts on the surrounding neighborhoods.

Councilwoman Wise stated that having Lakewood at the table has been instrumental in regards to traffic mitigation.

Tom Carllon - 9597 W. Ohio Avenue - Lakewood, CO
Mr. Carllon spoke against Ballot Issue 2A.

Diana Allen - 9066 W. Colorado Place - Lakewood, CO
Ms. Allen invited everyone to attend Lakewood on Parade and to vote Yes on Ballot Issue 2A.

Judy Repp - 6305 W. 6th Avenue - Lakewood, CO
Ms. Repp commended the Mayor and City Council for putting the sale tax question on the ballot and allowing the residents to vote on this quality of life issue.

Doug Anderson - 380 S. Quail Street - Lakewood, CO
Mr. Anderson stated he was a Ward 4 City Council Candidate and is opposing 2A.

Zach Matyja - 1435 S. Gray Street - Lakewood, CO
Mr. Matyja spoke in favor of the sales tax Ballot Issue 2A.

Dorothy Wisecarver - Resident of Ward 1
Ms. Wisecarver spoke against sales tax Ballot Issue 2A.

Councilman Murphy explained how public improvement fees are paid up from by the developer and why the proposed one-cent sales tax increase would not apply to the three developments that currently collect public improvement fees.

Joni Inman, Director of Mayor and City Manager's Office, explained that an issue of Looking at Lakewood has always dedicated to the ballot content and the candidates for city council. It is an informational tool for use by the public.

Lora Walker-Green - Ward 2
Ms. Green stated that she needed clarification as to how much of the sales tax increase would go the police department. She stated there was an issue with her son being attacked and it was not necessarily gang-related. She stated she had been before City Council before asking for help cleaning up the gang activity in her neighborhood and nothing is being done.

Police Chief Ron Burns stated that he empathizes with Ms. Green's situation. He quoted statistics that showed a slow decline in activity in the area of Walker-Branch Park. As calls for service increase, significant enforcement is added to certain areas of town. In response to a question from Councilman Murphy, Chief Burns stated that they share jurisdiction with the Edgewater Police Department in regards to Walker-Branch Park and they work very closely with one another.

Councilwoman Wise stated that resources for the other departments is needed to help stop deterioration of the park such as adequate lighting, litter, fixing potholes, etc. and that the Police Department is not a stand-along department in these matters.

Don Ferega - 13647 W. Montana Place - Lakewood, CO
Mr. Ferega spoke in favor of Ballot Issue 2A.

Jeff LaMontagne - 571 S. Taft St
Mr. LeMontagne spoke about the Second Wind race to be held on September 18, 2005, with proceeds benefiting teen suicide prevention programs.

Kathi Worthington -6880 W. Mexico Dr. - Lakewood, CO
Ms. Worthington spoke about the Second Wind race to be held on September 18, 2005, with proceeds benefiting teen suicide prevention programs.

John Fox - 1133 S. Eaton St. - Lakewood, CO
Mr. Fox spoke in favor of Ballot Issue 2A.

Tom Gleason - 22715 Raleigh - Denver, CO
Mr. Gleason spoke in favor of Ballot Issue 2A.

Mike Muller - 868 S. Owens Ct - Lakewood, CO
Mr. Muller spoke against Ballot Issue 2A.

Lorna Fox - 1133 S. Eaton St. - Lakewood, CO
Ms. Fox spoke in favor of Ballot Issue 2A.

Mark Messenbaugh - Ward 3 Resident
Mr. Messenbaugh spoke in favor of Ballot Issue 2A.

Michael O'Beirne - P.O. Box 260313 - Lakewood, CO
Mr. O'Beirne stated that after having conversations with Councilman Booher, he is supporting Mr. Booher for re-election.

Charlie Bloomquist - Green Mountain
Mr. Bloomquist spoke against Ballot Issue 2A.

Nancy Tucker II - Ward 5
Ms. Tucker spoke in favor of Ballot Issue 2A.

Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, CO
Mr. Vaughan stated he was a candidate for City Council in Ward 5. He spoke against Ballot Issue 2A.

Chuck Thorman - 12464 W. 2nd Drive - Lakewood, CO
Mr. Thorman spoke in favor of Ballot Issue 2A.

Lori Allen - Ward 5
Ms. Allen spoke against Ballot Issue 2A.

Mayor Burkholder called a recess at 8:46 p.m. and reconvened the meeting at 8:59 p.m.

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

ITEM 5- ORDINANCE O-2005-29 - AUTHORIZING THE VACATION OF AN OPEN SPACE EASEMENT, FOR PROPERTY LOCATED AT 1700 PIERCE STREET

ITEM 6 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Senior Citizens
Advisory Commission July 13, 2005

Public Comment: None.

Councilwoman Kesselman made a motion to approve the Council Minutes, Acceptance of the Minutes of the Boards and Commissions, order all ordinances introduced on first reading to be published in the Rocky Mountain News and public hearings set for the date included in the ordinance and for the adoption of resolutions, all of which are included in the Consent Agenda Items introduced into the record by the City Clerk. It was seconded by Councilwoman Koop.

Public Comment: None.

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

ITEM 7 - ORDINANCE O-2005-27 - AUTHORIZING THE SALE OF CITY OWNED PROPERTY LOCATED AT 7200 W. COLFAX AVENUE TO COLFAX REDEVELOPMENT PARTNERS, LLC

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-27 on second and final reading. Councilwoman Koop seconded the motion.

Public Comment:

Matt Girard - 2261 Estes -Lakewood, CO
Mr. Girard questioned the fair market value, the time frame Council had to study the issue, the environmental risk factors, and liability to the city. He asked City Council to continue the public hearing and go back and study the issue.

City Manager Mike Rock explained that an appraisal was done on the property. Home Depot had chosen this as a possible store location in May of 2004. In June of 2004 information was given to City Council regarding the potential use of this property. Home Depot has done extensive analysis regarding drainage and environmental issues. The timeframe regarding closing on the property is essential to Home Depot. The contract for the property is contingent upon rezoning. If the rezoning fails, then the contact is null and void.

Discussion amongst City Council members ensued.

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

ITEM 8- ORDINANCE O-2005-28 - AS AMENDED 8/22/05 TO REZONE LAND LOCATED AT 8751 WEST HAMPDEN AVENUE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

Councilwoman Kesselman made a motion to adopt Ordinance O-2005-28 as amended on August 22, 2005 on second and final reading. Councilwoman Koop seconded the motion.

Public Comment:

Applicant Dave Larson - 4983 S. Iris Street
Mr. Larson made himself available to answer questions for City Council

City Planner Amy Deknikker stated that the applicant applied to rezone the property located at 8751 W. Hampden Avenue from 1C to PD. Planning Commission voted to recommend in favor of the applicant by a 7-0 vote.

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

ITEM 9 - GENERAL BUSINESS

Councilwoman Kesselman made a Motion to hold an Executive Session following this regular City Council Meeting for the purpose of receiving legal advice on specific legal issues regarding property located on the southwest corner of Alameda Avenue and Florida Street, per C.R.S. Section 24-6-402(4)(b) and Section 2.15(c)(4) of the Lakewood Home Rule Charter. It was seconded by Councilwoman Koop.

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

ITEM 10 - REPORTS

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

ITEM 11 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:50 p.m. and City Council held an Executive Session.

Submitted by,

Margy Greer, City Clerk