Regular Meeting of the City Council May 22, 2006
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. May 22, 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
Diana Allen
Mike Stevens

Absent: None

Others in attendance: Joni Inman, Director of Mayor and City Manager's Office
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 - RECOGNIZING MAY AS OLDER AMERICANS MONTH

Mayor Burkholder proclaimed May as Older American's Month and recognized Roice Horning for his work on the Senior Citizens' Advisory Commission and for receiving the Senior Hero Award, sponsored by the Senior Resource Center and JeffCo Council on Aging.

ITEM 5 - PROCLAMATION - IN APPRECIATION OF THE MEN AND WOMEN OF THE LAKEWOOD POLICE DEPARTMENT

Mayor Burkholder recognized the men and women of the Lakewood Police Department by presenting a proclamation to the Chief of Police, Ron Burns. Chief Burns recognized Officer Case Byl, a recent recipient of the National Top Cop Award.

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

ITEM 6 - RESOLUTION 2006-35 - REQUESTING ASSISTANCE FROM JEFFERSON COUNTY OPEN SPACE PROGRAM AND AUTHORIZING THE ACQUISTION AND ACCEPTANCE OF DEEDS FOR A PORTION OF THE TOLEN PROPERTY.

ITEM 7 - RESOLUTION 2006-36 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE DESIGN AND RE-CONSTRUCTION OF THREE TRAFFIC SIGNALS AT THE FOLLOWING INTERSECTIONS: GIRTON DRIVE/KIPLING PARKWAY, 20TH AVENUE/KIPLING STREET, AND COLFAX AVENUE/NEWLAND STREET AND ROADWAY REALIGNMENT AT THE COLFAX AVENUE AND YOUNGFIELD STREET INTERSECTION.

ITEM 8 - ORDINANCE O-2006-14 - AN ORDINANCE ADDING SECTIONS 6.01.010, 6.03.035, 6.05.031, 6.05.032, 6.05.033, 6.05.034, 6.05.035, 6.05.036, AND 6.08.025 AND AMENDING SECTIONS 6.01.010, 6.03.010, 6.03.030, 6.05.020, 6.05.025, 6.05.030, AND 6.06.010 OF TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS.

ITEM 9 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting April 24, 2006
Regular City Council Meeting May 8, 2006

ITEM 10 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Planning Commission Meeting April 5, 2006

Public Comment:

Hilary Merritt - Trust for Public Land - 1410 Grant, Denver CO
Ms. Merritt spoke in favor of the adoption of Resolution 2006-35.

Councilwoman Stack stated that the Eiber Neighborhood Organization wished to thank Kathy Hodgson, Director of Community Resources, and asked for the adoption of Resolution 2006-35.

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: 11 Ayes. 0 Nays. The motion carried.

Second Reading of Ordinances and Public Hearings

ITEM 11 - ORDINANCE O-2006-13 FOR THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING A CONTRACT FOR PROFESSIONAL URBAN PLANNING AND REAL ESTATE DEVELOPMENT SERVICES FOR THE WADSWORTH AND 13TH AVENUE STATION DEVELOPMENT AND IMPLEMENTATION PLAN; FURTHER APPROPRIATING FUNDS TO PAY FOR SAID SERVICES: FURTHER DECLARING AN EMERGENCY.

Public Comment:

David Rothenberger - 1310 Garrison St, Lakewood CO
Mr. Rothenberger spoke in support of the adoption of Ordinance O-2006-13.

Paul Ditsen - 1305 Garrison St, Lakewood CO
Mr. Ditsen spoke in support of the adoption of Ordinance O-2006-13.

Councilman Peterson made a motion to adopt Ordinance O-2006-13. It was seconded by Councilwoman Wise.

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

ITEM 12 - GENERAL BUSINESS

None.

Mayor Burkholder changed the agenda, moving Item 14 to this point.

ITEM 14 - PUBLIC COMMENT

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

Glenn Rhoades - 1672 Garland St, Lakewood CO
Mr. Rhoades spoke about quasi-judicial proceedings and the importance of public participation and citizens speaking their minds.

Glenn Glass - 8525 W. Belmar Ave, Lakewood CO
Mr. Glass said he had sent a letter to the Sentinel regarding the spraying of goose eggs on the island at Kootz Lake. He has spoken to several staff members and has not received an answer regarding who authorized the poisoning of the eggs.

Joni Inman - Director of the Mayor and City Manager's Office
Ms. Inman told Mr. Glass that someone from Community Resources would respond to his question.

David Rothenberger - 1310 Garrison St, Lakewood CO
Mr. Rothenberger thanked the City of Lakewood on behalf of all the runners in the Colfax Marathon. He stated they had a great turn out and he was motivated by the number of people along the route.

Newt Vaughan - 8663 W. Hawaii Dr, Lakewood CO
Mr. Vaughan spoke about needed changes in state legislation. He stated Colorado Law prohibits public entities making contributions to campaigns, yet there are no penalties for doing so. He also spoke about the need for regulations regarding District elections.

Mark Davis - 13800 W. Alaska Dr, Lakewood CO
Mr. Davis stated that he has researched the use of quasi-judicial and believes the City Attorney is giving City Council an incorrect opinion regarding same.

Brian Waring - Unincorporated Jefferson County
Mr. Waring referred to a recent newspaper article on the improvements planned for Colfax Avenue. He stated that the article did not mention replacing small businesses with large box stores, giving the big boxes tax breaks while others pay severe taxes. He stated the quasi-judicial rule implies censorship.

Rick VanWie - 1050 Corona St #102, Denver CO
Mr. VanWie asked City Council to think about their role in quasi-judicial matters and he stated his concern about hearing that the City of Lakewood is limiting free speech.

Natalie Menten - Ward 5
Ms. Menten stated her concern about the spraying of goose eggs. The Division of Wildlife does not permit such spraying.

Dorothy Wisecarver - 8665 Meadow Lark Dr, Lakewood CO
Ms. Wisecarver thanked certain Council Members for objecting to moving Public Comment to the end of the meeting. She said it was done in order to control criticism of the City by the public. She stated that if Public Comment is not important to Council members, they should get off of Council.

Nancy Tucker - 4240 S. Yarrow Ct, Ward 5, Lakewood CO
Ms. Tucker stated her concern over gentlemen like Mr. Glass having to wait until the end of the meeting to express his feelings regarding a City matter. People with true concerns will feel like they are being stifled.

Councilwoman Allen stated that after much thought to the process she was in agreement to moving Public Comment to the end of the agenda.

Councilwoman Stack stated that City Council did not vote on moving Public Comment to the end of the agenda. She stated she is against moving it and feels like Council has violated the core community values of open honest communication with the Citizens.

Councilman Anderson stated he was not in support of moving Public Comment to the end of the agenda and having citizens who wish to have their opinion heard wait until 1:00 a.m. is unnecessary. Councilman Anderson stated he might not have given it the attention it deserved if Mr. Glass had not come forward regarding the spraying of the goose eggs.

Councilman Peterson stated that moving agenda items is the responsibility of the council officers. There was discussion regarding this decision. This decision in no way takes away the people's right to speak. Citizens are able to contact City Council with concerns on any items using other venues including Ward meetings, phone calls and emails.

Councilwoman King stated she has had positive comments regarding moving Public Comment to the end of the agenda. Older members of the community have told her that they appreciate seeing the regular business on Channel 8 and can get to bed prior to Public Comment.

Councilwoman Stack stated she received one comment in favor and over 100 comments against moving the Public Comment to the end of the meeting. Those who come to the meeting have put themselves out; those sitting at home have not opened themselves to the public.

Councilwoman Koop stated she was in favor of moving the Public Comment to the end of the agenda and had not received one negative comment.

Councilman Elliott stated he was opposed to moving Public Comment. He stated he understood the concern of the length of Public Comment. He offered a compromise: leaving Public Comment at the beginning of the agenda, but only allowing a certain time period and if Public Comment is not concluded within that time period, continuing it to the end of the meeting.

Councilman Murphy stated that quasi-judicial law was not recently enacted but has been on the books since the 1975 Snyder Case.

ITEM 13 - 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 8:25 p.m.

Submitted by,
Margy Greer, City Clerk