|
|
|
 |
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. November 28, 2005
(This meeting was preceded by New Council Orientation held at 5:30 p.m.)
7:00 P.M. November 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 - PRESENTATION OF COLORS
Boy Scouts of America Troop #808 presented the Colors and lead in the recitation of the Pledge of Allegiance.
ITEM 3 - ADMINISTER OATHS OF OFFICE - JUDGES AND COUNCIL MEMBERS
Mayor Burkholder administered the Oath of Office to Municipal Judge Thomas G. Elliott and congratulated him on his recent retention election.
Judge Elliott administered the Oaths of Office to Judges Daniel Ramsey and Philip McNulty. Judge Elliott also administered the Oaths of Office to new City Council members Doug Anderson, Vicki Stack, Debbie Koop, Sue King, and Diana Allen.
ITEM 4 - RECESS - ELECTED OFFICIALS RECEPTION
Mayor Burkholder called a recess at 7:15 p.m. to hold a reception for newly
elected
Officials.
Mayor Burkholder reconvened the meeting at 7:35 p.m.
ITEM 5 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens
Absent: None
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 6 - RECOGNITION - CONTINUUM PARTNERS AND THE COMMUNITY PLANNING & DEVELOPMENT STAFF EPA 2005 NATIONAL AWARD FOR SMART GROWTH ACHIEVEMENT-PROJECT OF THE YEAR
Mayor Burkholder presented an award to Erika Adshead of the Community Planning and Development Department, Lakewood Reinvestment Authority and Tom Gougeon of Continuum Partners from the EPA for "Smart Growth" for the work done on the Belmar Project.
PRESENTATION - LAKEWOOD LEGACY GRANT
Chairwoman Pat Heffner presented a $2000 check to Helping Hearts and Hands,
a $500 check to the Lakewood Symphony Orchestra, a $5000 check to Friends of
Paha, and a check for $500 to the Lutheran Chorale.
ITEM 7 - RESOLUTION 2005-64 - RE-APPOINTING REGULAR MEMBERS TO THE LAKEWOOD VICTIM ASSISTANCE COMPENSATION BOARD
Councilwoman Koop made a motion to adopt Resolution 2005-64, reappointing Kim
Slaughter and Carrie Evans to the Board. It was seconded by Councilman Murphy.
Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 8 - RESOLUTION 2005-65 - CORRECTING THE TERMINATION DATE OF SERVICE OF ONE OF THE MEMBERS OF THE LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE LICENSING AUTHORITY
Councilwoman Koop made a motion to adopt Resolution 2005-65. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 9 - RESOLUTION 2005-66 - APPOINTING A MEMBER TO THE LAKEWOOD HOUSING AUTHORITY
Councilwoman Koop made a motion to adopt Resolution 2005-66, appointing Michelle Bolig to the Authority. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 10 - RESOLUTION 2005-67 - APPOINTING MEMBERS TO THE LAKEWOOD
YOUTH COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2005-67, appointing Kathie Nguyen, Rebecca Camper, Dylan Andersen, Steven DiLisio and Preston Nicholl to the Commission. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 11 - RESOLUTION 2005-68 - APPOINTING A MEMBER TO THE LAKEWOOD BOARD OF ADJUSTMENT
Councilwoman Koop made a motion to adopt Resolution 2005-68, appointing Michael Carollo to the Board. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 12 - RESOLUTION 2005-69 - APPOINTING MEMBERS TO THE LAKEWOOD LIQUOR & FERMENTED MALT BEVERAGE LICENSING AUTHORITY
Councilwoman Koop made a motion to adopt Resolution 2005-69 appointing Michael O'Neill and John Danahey to the Authority. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 13 - RESOLUTION 2005-70 - APPOINTING MEMBERS TO THE LAKEWOOD COMMISSION ON CULTURAL DIVERSITY AND HUMAN RELATIONS
Councilwoman Koop made a motion to adopt Resolution 2005-70, appointing Eveline Yang, Jaime di Paulo, Cathleen Jones-Gooding, and Linda Bessinger to the Commission. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 14 - RESOLUTION 2005-71 - APPOINTING MEMBERS TO THE LAKEWOOD HERITAGE,
CULTURE, AND THE ARTS COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2005-71, appointing Mark Tompkins, Donald Jelniker, and John Paul Lloyd to the Commission. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 15 - RESOLUTION 2005-72 - APPOINTING MEMBERS TO THE LAKEWOOD SENIOR CITIZEN ADVISORY COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2005-72, appointing Darrell Rylatt and Terry Ray King to the Commission. It was seconded by Councilman Murphy. Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 16 - PUBLIC COMMENT
Bob Fischer - 880 Benton Street - Lakewood, Colorado
Mr. Fischer stated he was a board member and section leader with the Two Creeks
Neighborhood Organization. He stated he supports a ban on pit bulls.
Susan McConnell - 895 Benton Street - Lakewood, Colorado
Ms. McDonnell stated she supports a ban on pit bulls.
Kim Baker - 885 Benton Street - Lakewood, Colorado
Ms. Baker stated she supports a ban on pit bulls.
Ian Baker - 885 Benton Street - Lakewood, Colorado
Mr. Baker stated he supports a ban on pit bulls.
Dorothy Unruh - O'Kane Park Neighborhood Association
Ms. Unruh stated she supports a ban on pit bulls and distributed a petition
signed by 114 people stating the same.
Phil Wilson - 20 Reed Court - Lakewood, Colorado
Mr. Wilson stated he supports a ban on pit bulls.
John (Jack) O'Dell - President of Citizens for Lakewood's Future and President
of Lakewood Foothills Rotary Club
Mr. O'Dell welcomed the returning and new City Council members. He stated he
hoped City Council could offer positive leadership. He stated that all parties
involved in an issue be treated fairly and equally, every issue, including redevelopment
and urban renewal. He stated he hoped the Council respected and heard the wishes
of the citizens in the most recent election and their decision regarding the
ballot question. "Yes" is a vote of confidence and a message of expectations.
The citizens expect great things of their City Council. Citizens expect Council
to keep them informed.
Scott Ripple - 11755 W. 29th Place - Lakewood, Colorado
Mr. Ripple stated he supports a ban on pit bulls.
Matt Girard - Lakewood, Colorado
Mr. Girard stated he supports a ban on pit bulls.
Brian Peterson - 9563 Kentucky Place - Lakewood, Colorado
Mr. Peterson stated he supports a ban on pit bulls.
Calvin Hardwick - Lakewood, Colorado
Mr. Hardwick stated that he is concerned about the Lakewood Housing Authority
signing contracts with property managers which allows residents to pay a lower
deposit than those currently residing in the housing units and the Housing Authority
will not refund a portion back to the current residents. He stated concern that
the housing residents were not involved in the process.
Dorothy Wisecarver - 8655 Meadowlark Drive - Lakewood, Colorado
Ms. Wisecarver congratulated the newly elected officials. She stated concern
about non-residents of Lakewood serving on various boards, commissions, and
task forces in the City of Lakewood. Non-property owners are making very serious
recommendations regarding urban renewal on Colfax.
Christiana Argo - 2044 S. Cape Way - Lakewood, Colorado
Ms. Argo stated she supports a ban on pit bulls.
Chuck Thurman - 12464 W. 2nd Drive - Lakewood, Colorado
Mr. Thurman stated he supports a ban on pit bulls.
Natalie Menten - Lakewood, Colorado
Ms. Menten stated she opposses to a ban on pit bulls.
Charlie Bloomquist - Ward 4 - Lakewood, Colorado
Mr. Bloomquist stated that City Council minutes have not been approved for months
and the Lakewood Reinvestment Authority meeting minutes are not available from
the February meeting.
Josey Claymeyer - Lakewood, Colorado
Ms. Claymeyer stated that the ban should not be breed specific, but the focus
should be on the people who breed and own the dogs.
Rita Bertolli - 13484 W. Oregon Court- Lakewood, Colorado
Ms. Bertolli stated that the Joint Project Review Committee for Rooney Valley
is holding a meeting tomorrow night in the Public Works Conference Room. She
encouraged people who are interested in the last large tract in Lakewood and
Jefferson County to be built out into sprawl to attend the meeting and present
their views.
Councilwoman Koop stated that a study session regarding aggressive dogs is scheduled for January 30, 2006.
CONSENT AGENDA
City Clerk Margy Greer read the following Consent Agenda into the record:
ITEM 17 - RESOLUTION 2005-73 - AUTHORIZING THE AMENDMENT OF THE CITY OF LAKEWOOD DEFERRED COMPENSATION PLAN AND TRUST AGREEMENT
ITEM 19 - RESOLUTION 2005-75 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS ON WADSWORTH BOULEVARD AT OHIO AVENUE
ITEM 21 - ORDINANCE O- 2005-36 - TO REZONE LAND LOCATED AT 8140 AND 8250 WEST MISSISSIPPI AVENUE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
ITEM 22 - ORDINANCE O- 2005-37 - AMENDING THE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2006, AND ENDING ON DECEMBER 31, 2006, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON SAID BUDGET SO ADOPTED, ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES, SETTING FORTH THE APPROPRIATIONS FOR EACH FUND: FURTHER DECLARING AN EMERGENCY
ITEM 23 - ORDINANCE O- 2005-38 - VACATING A PORTION OF WEST DARTMOUTH PLACE ADJACENT TO THE PROPERTY AT 3490 SOUTH KIPLING STREET (BEAR CREEK HIGH SCHOOL), CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 24 - ORDINANCE O- 2005-39 - AUTHORIZING A WARRANTY DEED CONVEYING A PORTION OF WESTBOROUGH PARK TO JEFFERSON COUNTY R-1 SCHOOL DISTRICT TO BE USED AS RIGHT-OF-WAY FOR THE RELOCATION OF THE WEST DARTMOUTH PLACE AT 9600 WEST DARTMOUTH PLACE; FURTHER ACCEPTING A WARRANTY DEED FROM JEFFERSON COUNTY R-1 SCHOOL DISTRICT TO THE CITY OF LAKEWOOD TO REPLACE THAT AREA OF WESTBOROUGH PARK THAT WAS CONVEYED TO JEFFERSON COUNTY R-1 SCHOOL DISTRICT FOR THE WEST DARTMOUTH RIGHT-OF-WAY
ITEM 25 - ORDINANCE O- 2005-40 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF TRAFFIC SAFETY SIGNALS AND SIDEWALK IMPROVEMENTS AT THE INTERSECTIONS OF WEST 5TH AVENUE AND WADSWORTH BOULEVARD AND WEST COLFAX AVENUE AND KIPLING STREET FOR THE 2006 TRAFFIC SAFETY SIGNAL PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 26 - ORDINANCE O- 2005-41 - TO REZONE LAND LOCATED AT 11595 WEST 6TH AVENUE, CITY OF LAKEWOOD, COLORADO
Public Comments: None.
Councilman Murphy 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.
Councilwoman Stack asked that Items 18 and Items 27 be pulled from the Consent Agenda.
Mayor Burkholder asked that Item 28 be pulled from the Consent Agenda.
Councilman Anderson pulled Item 20 from the Consent Agenda.
Vote on the Consent Agenda with the exception of Items 18, 20, 27, and 28 which were removed from the Consent Agenda and placed under General Business: All Ayes. No Nays. The motion carried.
ITEM 29 - GENERAL BUSINESS
RESOLUTION 2005-74 (Item 18) - ESTABLISHING CERTAIN WATER FEES FOR THE CITY OF LAKEWOOD
Councilwoman Stack asked Mr. Noonan why the fee increase was allowed by resolution rather than by an ordinance.
Mr. Noonan stated that he did not have the ordinance in front of him, but he expects the answer to be that the ordinance which created the water utility also allows for rate amendment by resolution.
Councilwoman Stack asked about the 17% rate increase which would be around $114,000 additional per year, yet there is only a $20,000 deficit.
Jay Hutchison, City Engineer, stated that approximately 75% of the budget is purchasing water from the City and County of Denver. A fair amount of the increase is due to the proposed rate increase by Denver. A major capital project is also scheduled in the future and the additional dollars will be used to build up the reserve in the fund so that project can be accomplished.
Discussion ensued amongst City Council, City Manager, Public Works Director, and the City Engineer.
Vote: 11 Ayes. 0 Nays. The motion carried.
RESOLUTION 2005-76 (Item #20)- AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE DESIGN AND CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT COLFAX AVENUE AND SIMMS STREET
Councilman Anderson asked if the Council would consider changing the notification process for citizens who are being impacted by the project. On this project, there are 6-10 property owners that will be in some way impacted and they have no warning that this will be happening. He suggested that the notification process be done prior to submitting the projects to DRCOG.
Discussion ensued amongst City Council members, City Manager, City Engineer, and the Public Works Director.
Vote: 11 Ayes. 0 Nays. The motion carried.
APPROVING MINUTES OF CITY COUNCIL MEETING (Item #27)
Regular City Council Meeting July 25, 2005
Regular City Council Meeting August 22, 2005
Regular City Council Meeting September 12, 2005
Regular City Council Meeting September 26, 2005
Regular City Council Meeting October 10, 2005
Councilwoman Stack stated that she intended to vote "no" on the minutes
since she was not a part of City Council during the meeting. However, there
were minutes she would like changed in which she participated in as a citizen.
Roger Noonan stated that the new council members were not precluded from voting on the minutes if they had taken the time and effort to become familiar with them.
City Clerk Margy Greer stated that approval of the minutes could be done with the omission of the meetings in which Councilwoman Stack has questioned. Ms. Greer stated she would listen to the tapes of those meetings and make any corrections, if necessary.
Councilman Murphy made a motion to approve the minutes of the meetings as presented with the exclusion of the July 11, 2005 and the August 8, 2005 minutes.
Vote: All Ayes. No Nays. The motion carried.
ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS (Item #28)
Youth Commission Meeting September 6, 2005
Youth Commission Meeting September 20, 2005
Youth Commission Meeting October 4, 2005
Youth Commission Meeting November 1, 2005
Liquor & Fermented Malt
Beverage Licensing Authority
Meeting July 28, 2005
Liquor & Fermented Malt
Beverage Licensing Authority
Meeting August 11, 2005
Liquor & Fermented Malt
Beverage Licensing Authority August 25, 2005
Meeting
Liquor & Fermented Malt
Beverage Licensing Authority
Meeting September 1, 2005
Liquor & Fermented Malt
Beverage Licensing Authority
Meeting September 8, 2005
Senior Citizens Advisory
Commission Meeting September 14, 2005
Planning Commission Meeting August 31, 2005
Planning Commission Meeting October 5, 2005
Councilman Anderson stated that the Lakewood Senior Citizens Advisory Commission Meeting Minutes of September 14, 2005 state that members of the committee were involved in campaigning. Councilman Anderson stated that he recognized City Council was only accepting the minutes. He asked for a fuller accounting because it reads like they were involved in campaigning.
Attorney Roger Noonan stated that he sees it as people reporting on activities that they have taken on their own. He stated there is an ability and a right for anyone on their own to advocate either for or against. He stated he did not see it as reflecting that the committee itself has done something specific. The statute does allow for Boards and Commissions to adopt a resolution on a ballot issue.
Vote: All Ayes. No Nays. The motion carried.
ITEM 30 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 31 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:42 p.m.
Submitted by,
_______________________________
Margy Greer, City Clerk
 |
||
Americans with Disability Act (ADA) Notice |
||
