Minutes of the City Council 01-23-06
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. January 23, 2006

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

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 3 - PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

ITEM 4 - PUBLIC COMMENT

Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.

Leslie Dahlkemper - 13486 W. Center Drive - Lakewood, Colorado
Ms. Dahlkemper spoke against dog breed-specific legislation. She encouraged City Council to be thoughtful in their deliberations and to research what others have done and to look toward enforcing current laws and to include research regarding irresponsible dog ownership. She asked members of the audience who were against breed-specific legislation to stand up.

Robert Cook - Sovereign American - City of Lakewood
Mr. Cook stated that he found it disturbing on December 12, when a City Council member stated that he had listened to many anti-government and city-haters. He stated the lack of professionalism was shocking and such verbal abuse and disrespect of concerned Americans, Lakewood neighbors, and voters is inexcusable. Mr. Cook stated that perhaps they are simply exercising their liberty and duty in an attempt to keep their government in check and their inalienable and Constitutionally protected rights, secure. He stated that a good City Council member or public servant would take action to listen, understand, and perhaps heal wounds, instead of attacking publicly and belittling the same American citizens who elected them and they were swore to represent. Mr. Cook stated it was time this City Council member submit his resignation and allow an American who values the Constitution and the Oath of Office to take his place. He asked the other City Council members and the Mayor to ensure against this happening again.

Paul Ryan - Carma, Colorado Representative - Landowner in Springfield Valley
Mr. Ryan stated that Carma Colorado's website was launched. The url is www.springfieldgreen-community.com. The second open house is scheduled for Tuesday, February 7th from 5-7 p.m. at Lutheran Church of the Master. There will be a community update on the proposed plans.

Bryan Waring - 13680 W. 30th Place - Golden, CO
Mr. Waring stated that Fascism is based on four basic concepts; 1) that a select group of the elite shall make decision for the public; 2) that it shall do this in tandem with the various cooperatives and corporations that are allowed to exist; 3) that those corporations will serve the purposes of this specific elite; and 4) that this elite is always correct. He stated that watching City Council that they fit almost all of those criteria. Mr. Waring stated that the Mayor and Mr. Peterson seem to be the main proponents of this kind of government. He asked if they were prepared for the time when the monster they create will not allow them to live in the homes they currently dwell in because they are becoming multi-family dwellings in order to serve the various corporations they bring in to enhance the lifestyles of the general public. He stated that if City Council was concerned about the flood plain along Colfax, and for the sake of Lakewood, they should build a large yachting club.

Bob Fischer - Ward 2 - Lakewood, Colorado
Ms. Fischer stated that irresponsible ownership in regards to dogs is only part of the problem. Some of the problem lies with some of the dogs themselves. He stated he furnished City Council with case after case of pit bulls turning on their own owners and showing aggression without being provoked. He cited an example from Aurora. He stated his concern over Lakewood becoming home to pit bulls due to the ordinances of surrounding cities. Mr. Fischer stated that he feels sad when a dog has to be euthenized, but is more saddened by someone having their arm amputated due to an attack by a dog.

Mike Mueller - Ward 4 -Lakewood, Colorado
Mr. Mueller stated that the notification process to businesses and homeowners along Colfax has been unbelievable. They did not realize they were in a blighted area or why they were being blighted. He stated the law says you must give 30 days notice to blight it. Mr. Mueller stated that on New Year's Day, within one mile from 6th Avenue, Mississippi, and along 6th Avenue, there were more cops than cars on the road and the cops were being paid overtime. He stated it was a ridiculous way to spend the tax increase. He stated that he overhead that two people, who let go of their positions from development and received a huge settlement to keep quiet. He will be checking into this further and hopes one of the Councilors will call him and tell him what the settlement was. He invited City Council members to be a guest on his radio show.

Sanda Htazberter - Longmont Resident
Ms. Htazberter spoke against breed-specific dog legislation. She stated the problem is not with the animals, but with irresponsible ownership and running at-large off leash. She quoted some statistics from the American Human Society. She asked City Council to look at enforcement of irresponsible ownership and those that have a history of violations of the laws.

Chris Feeley - Ward 4
Ms. Feeley spoke against breed-specific dog legislation. She stated that CDC is no longer keeping track of dog bites by breed. Thirty-six different dog breeds have been the cause of human fatalities in the past 30 years. It can happen in all breeds. Any dog over 40 pounds is potentially dangerous to human life. She stated that laws should cover all breeds and irresponsible dog ownership. Spay and neuter registration would also help solve some of the problems.

Mayor Burkholder stated that City Council is not looking at legislation banning breed-specific dogs. They are looking at it objectively from a community safety point of view. There will be a Study Session held on January 30th. Regarding the issue of Public Comment, he stated that Public Comment is placed on the Agenda to allow the community to address any issues they want to talk about. In the City of Lakewood, people are not required to live in Lakewood to speak at the meetings.

Councilmember Peterson stated that every time he pledges allegiance to the flag of this Country, that he holds extremely dear, and stops for a moments of silent prayer; the prayer that he says is that God grants him the wisdom to act in the best interest of this community, his constituency, and to hold up the principles of this Country. He stated he finds it offensive that as a citizen, or that anyone who holds an elected public office, would do less. He stated he absolutely defends anyone's right to say anything under Public Comment. The podium and the microphone belong to the people of Lakewood and, more importantly, to the people of this Country. He stated he would defend with his life, the right for somebody to make any statement they so desire.

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

ITEM 5 - RESOLUTION 2006-3 - FOR THE ACCEPTANCE OF BIDS AND AUTHORIZING CONTRACT FOR THE REGIONAL PARKS MAINTENANCE FACILITY

ITEM 6 - RESOLUTION 2006-4 - APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND PIPER JAFFRAY & CO. TO PROVIDE FINANCIAL ADVISORY SERVICES FOR THE CITY OF LAKEWOOD

ITEM 7 - RESOLUTION 2006-5 - AMENDING A CONTRACT FOR CONSTRUCTION OF 8TH & KIPLING STORM DRAINAGE IMPROVEMENTS

ITEM 8 - RESOLUTION 2006-6 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE DESIGN AND CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE VICINITY OF WADSWORTH BOULEVARD AT WEIR GULCH

ITEM 9 - ORDINANCE O-2006-1 - TO REZONE LAND LOCATED AT 9990 WEST ALAMEDA AVENUE, CITY OF LAKEWOOD, COLORADO

ITEM 10 - ORDINANCE O-2006-2 - ORDINANCE CONCERNING THE REFUNDING OF CERTAIN OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A CIVIC CENTER PROJECT AND A LIBRARY PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FIRST AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT, A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AND SUBLEASE, AN ESCROW AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF A FIRST SUPPLEMENT TO MORTGAGE AND INDENTURE OF TRUST; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY

ITEM 11 - ORDINANCE O-2006-3 - ORDINANCE CONCERNING THE REFUNDING OF CERTAIN OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF DESIGNATED RECREATION CENTERS AND OTHER CAPITAL IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A SECOND AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT, AN ESCROW AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF A FIRST SUPPLEMENT TO MORTGAGE AND INDENTURE OF TRUST; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY

ITEM 12 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting November 28, 2005
Regular City Council Meeting December 12, 2005
Regular City Council Meeting January 9, 2006

Public Comment:

Natalie Menten - Lakewood, Colorado
Ms. Menten asked City Council to consider revising the Minutes of the December 12, 2005 Meeting to reflect her comments questioning why some of the records come up showing "no record found" or "inactive" when she goes to the Jefferson County's website for the Assessor's Office.

Councilman Peterson 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 Wise
.
Councilman Elliott asked for clarification on the corrected version of Ordinance O-2006-3 and Resolution 2006-4.

City Clerk Margy Greer stated that the Resolution was corrected due to typographical errors and Ordinance O-2006-3 was previously omitted from the Agenda packet,

Councilman Elliott asked if City Council would have an opportunity to review the documents referred to in Ordinances O-2006-2 and O-2006-3.

Larry Dorr, Finance Director and City Treasurer, stated that there are 14 sets of documents. He stated that there is an overwhelming amount of paperwork regarding the refinancing of the two Certificates of Participations. He stated that the majority of the documents will be given to City Council members on Friday. Several documents are still in draft form and as they become available, they will be forwarded to City Council.

Councilwoman Stack asked for an explanation regarding what the architects came up with and what is being proposed for the new facility in reference to Resolution 2006-3.

Bill Jewell, Manager of Regional Parks and Golf, stated that the original estimate was produced approximately 8 months ago prior to the hurricane event, which caused a 5-7% increase in pricing. There was also a deductive alternate for outside storage bins for salt and sand was left in the bid. The amount budgeted was $1,200,000

Vote on the Consent Agenda: 11 Ayes. 0 Nays. The motion carried.

ITEM 13 - GENERAL BUSINESS

· Mayor Burkholder recognized members of a Boy Scout Troops who were in attendance.

· Councilwoman King stated that Milestone Partners, LLC has raised objections to her participation in their request to rezone the property located at 9990 W. Alameda Avenue, Lakewood, Colorado. Upon advise from legal counsel for the City of Lakewood, she requested permission to set aside from Zoning Case #RZ-04-009.

· Councilman Peterson made a motion to hold an Executive Session at the conclusion of the Lakewood Reinvestment Authority Meeting tonight for the purposes of developing strategy for negotiations regarding economic development on the Alameda Corridor, Colfax Corridor, Wadsworth Corridor, and other sites per C.R.S. 24-6-401(4)(e) and the Lakewood Home Rule Charter Section 2.15(c)(2) AND for the purpose of receiving attorney-client communication per C.R.S. 24-6-402(4)(b) and Section 2.15(c)(4) of the Lakewood Home Rule Charter. It was seconded by Councilwoman Wise.

Vote: 11 Ayes. 0 Nays. The motion carried.

ITEM 14 - REPORTS

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

ITEM 15 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 7:50 p.m.

Submitted by,

Margy Greer, City Clerk