Regular Meeting of the City Council Minutes - April 24, 2006
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. April 24, 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.

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
Mike Stevens

Absent: Diana Allen

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

Full and timely notice of this City Council meeting had been given and a quorum was present.

ITEM 3 - PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

ITEM 4 - PROCLAMATION - COVER THE UNINSURED WEEK

Mayor Burkholder proclaimed May 1-7, 2006 as Cover the Uninsured Week.

ITEM 5 - PROCLAMATION - NATIONAL CRIME VICTIMS' RIGHTS WEEK

Mayor Burkholder proclaimed April 23-29, 2006 National Crime Victims' Rights Week.

ITEM 6 - RESOLUTION 2006-27 - APPOINTING MEMBERS TO THE LAKEWOOD YOUTH COMMISSION

Councilwoman Koop moved to adopt motion 2006-27. It was seconded by Councilwoman Wise.

Vote: 10 Ayes. 0 Nays. The motion carried.

ITEM 7 - PUBLIC COMMENT

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

Ralph Bashor - 397 Harlan, Lakewood CO
Inquired about the status of the LHA results. Stated that Lakewood buying or condemning the land is running out small businesses.

Misti Jackson - 11802 W. 17th Ave, Lakewood CO
Stated that Breed Specific Legislation is not the way to go. Owners need to have more sanctions put against them.

Newt Vaughan - 8663 W. Hawaii Dr, Lakewood CO
Stated that taxpayers are losing money because Wal-Mart on Wadsworth has closed. The calls for the fire services have gone up but the revenue has remained the same. Urban Renewal projects are not in the best interest of the taxpayers.

Dorothy Wisecarver - 8655 Meadow Lark Dr, Lakewood CO
Questioned the use of funds by LHA. Stated that the City of Lakewood reviewing LHA is a joke, must have a thorough independent investigation of LHA and the City's ties to that organization.

David Rothenburger - 1310 Garrison St, Lakewood CO
Thanked Lakewood City Council and the planning department for working on the process of working around the major stations in the quarter mile radius around the Garrison Station. Concerned about the RTD board not getting everyone involved into the same room so they may comment.

Brian Waring - 13680 W. 30th Pl, Golden CO
Read a poem he had written to City Council.

Tony Welkons - 14370 W. 30th Pl, Lakewood CO
Assistant Chief for West Metro Fire District. Clarified that West Metro District Fire Department does not charge for calls that they go on, except when a person is taken to the hospital. Fees are comparable with other municipalities throughout the state.

Don Lombardi - 4335 Allison Parkway, Lakewood CO
Deputy Chief of Administration for the West Metro Fire District. On behalf of the Fire Chief, Mr. Lombardi informed City Council that there would be an election on May 2, 2006, and voting will be held at all fire stations as well as their administration building.

Mike Mueller - Ward 4 - American Citizen
Inquired about why the City is allowing West Metro to promote a tax increase on Channel 8. He stated that it is not right. Asked if no signs are allowed in City Council Chambers, why were there 2A signs and buttons allowed during the tax increase.

Dave Weichman - 722 S. Beech St., Lakewood CO
Stated that the rumors about West Metro supporting Referendum C or D are not true. As a board member he encouraged the people to vote on Tuesday. He announced the Good News Day Breakfast Celebration on Tuesday morning at the Jeffco Fairgrounds.

John Fox - 1133 S. Eaton St, Lakewood CO
Pleased to see a report in the Rocky Mountain News about Lakewood regarding a traffic accident that took place on C-470 and Hwy 285. Twenty-five people from the police department, employees and citizens came to help at the scene. He thought it was time to commend these people on their exceptional deed.

Chris Neeley - Ward 4
Stated that Lakewood City Council has a lot of good ideas for strengthening vicious dog laws. This is the responsible path to take.

Rita Bertolli - 13484 W. Oregon, Lakewood CO
Wanted to commend those that come out for public comment and speak. City Council should be proud of the citizens taking an interest in the government.

Mayor Burkholder stated that the review of the Housing Authority is taking a little longer that anticipated but is in process. Answering another issue, the mayor stated that Council does not decide which businesses fail or succeed in the City.

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

ITEM 8 - ORDINANCE O-2006-11 - TO REZONE LAND LOCATED AT 2100 IRIS STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 9 - ORDINANCE O-2006-12 - TO MODIFY EXISTING ZONING FOR LAND LOCATED AT 9894 WEST GIRTON DRIVE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

ITEM 10 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Housing Authority Meeting February 27, 2006
Lakewood Planning Commission Meeting December 7, 2005
Lakewood Planning Commission Meeting January 18, 2006
Commission on Cultural Diversity and
Human Relations Meeting February 2, 2005
Commission on Cultural Diversity and
Human Relations Meeting March 2, 2005
Commission on Cultural Diversity and
Human Relations Meeting April 6, 2005
Commission on Cultural Diversity and
Human Relations Meeting May 4, 2005
Commission on Cultural Diversity and
Human Relations Meeting June 1, 2005
Commission on Cultural Diversity and
Human Relations Meeting July 6, 2005
Commission on Cultural Diversity and
Human Relations Meeting August 3, 2005
Commission on Cultural Diversity and
Human Relations Meeting September 7, 2005
Commission on Cultural Diversity and
Human Relations Meeting October 5, 2005
Commission on Cultural Diversity and
Human Relations Meeting November 2, 2005
Commission on Cultural Diversity and
Human Relations Meeting February 1, 2006
Commission on Cultural Diversity and
Human Relations Meeting March 1, 2006

Public Comment: None.

Councilman Peterson made a motion to approve the council minutes, accept 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 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.

Vote on the Consent Agenda: 10 Ayes. 0 Nays. The motion carried.

Second Readings of Ordinances and Public Hearings

ITEM 11 - ORDINANCE O-2006-8 - DIRECTING THAT THE ZONING OF THE PARCEL OF LAND KNOWN AS GREEN MOUNTAIN RAVINE BE CHANGED FROM PLANNED DEVELOPMENT ZONE DISTRICT (PD) TO 2-R SINGLE FAMILY RESIDENTIAL

Councilman Peterson made a motion to continue Ordinance o-2006-8 to a date certain of May 8, 2006. It was seconded by Councilwoman Wise.

Public Comment:

Carolynne White - Attorney for the Property Owner
Requested that City Council postpone consideration of this matter to the next regularly scheduled meeting. This is not to delay or interfere with the election in any way. The purpose is to allow Mr. Todd, the property owner, time to investigate the impact of 2R zoning and his ability to build in that zone district.

Mark Davis - 13800 W. Alaska Dr, Lakewood CO
Objected to any continuance in this matter due to the fact that they have not filed a single document stating why they need more time. They have had plenty of time to determine this.

Mayor Burkholder stated that this is only a continuance not the public hearing. Asked City Attorney Roger Noonan to discuss the motion.

Mr. Noonan stated that the motion before City Council was to continue the second reading to May 8, 2006. Mr. Noonan stated that if City Council decides not to pass this ordinance, they have two choices: pass the original ordinance as it was submitted or to submit it for an election. The timeframe is 90 days from the time it was first submitted to Council. The date the Clerk has set for the election is June 27, 2006.

Councilman Elliott asked for clarification regarding legal requirements at this time that Council must act on the Ordinance prior to it going on the ballot.

Mr. Noonan stated that Council is going to have to make the decision whether Council wants to enact the ordinance or not. If council decided to enact the ordinance, there is no election. If Council does not enact it, the only other option is to set it for Special Election. Council must make a decision within 30 days of receiving the petition from the City Clerk.

Councilman Anderson questioned whether or not the property owner is in discussions with anyone in the City of Lakewood or are discussions simply amongst his own personnel. Asked if he was actively putting together a plan for the City's review.

City Manager Mike Rock stated that the property owners and representatives have asked informational questions but no formal submittal has been received by the City.

Councilman Stevens stated that he was inclined to go ahead with continuance in the hopes there will be a negotiated settlement.

Mr. Rock stated that there are only two options for the City, first is to refer the initiated ordinance to the voters for election and the other is to adopt the ordinance. Renegotiating is not an option.

Councilman Murphy supported the motion for a continuance stating there is no downside to waiting another two weeks and the upside is saving the taxpayers of Lakewood a lot of money.

Councilman Elliott asked if there would be any other opportunity for public comment.

Mayor Burkholder stated that there would not be any additional testimony, public comment will continue on May 8, 2006. Stated it is strictly a Council decision to continue.

Vote: 10 Ayes. 0 Nays. The motion carried.

ITEM 12 - RESOLUTION 2006-30 - SETTING A SPECIAL MUNICIPAL ELECTION FOR JUNE 27, 2006, TO BE CONDUCTED AS A MAIL BALLOT ELECTION

City Clerk Margy Greer requested that Item 12 be removed and scheduled on the May 8th agenda.

Mayor Burkholder agreed.

ITEM 13 - ORDINANCE O-2006-9 - CORRECTING THE ERROR IN THE LEGAL DESCRIPTION IN ORDINANCE O-2005-38, WHICH VACATED 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, FURTHER DECLARING AN EMERGENCY

Public Comment: None.

Councilman Peterson made a motion to adopt Ordinance O-2006-9 on second and final reading by Councilwoman Wise.

Vote: 10 Ayes. 0 Nays. The motion carried.

ITEM 14 - ORDINANCE O-2006-10 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES

Public Comment: None.

Councilman Peterson made a motion to adopt Ordinance O-2006-10 on second and final reading by Councilwoman Wise.

Vote: 10 Ayes. 0 Nays. The motion carried.

ITEM 15 - GENERAL BUSINESS
None

ITEM 16 - REPORTS

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

ITEM 17 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:25 p.m.

Submitted by,
Margy Greer, City Clerk