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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
Diana Allen
Mike Stevens
Absent: Ray Elliott
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.
The following Consent Agenda items were read into the record by the Acting City Clerk:
ITEM 4 - RESOLUTION 2006-42 - SETTING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 7, 2006, TO BE CONDUCTED AS A COORDINATED ELECTION WITH JEFFERSON COUNTY
ITEM 5 - ORDINANCE O-2006-15 - REZONING 21.764 ACRES OF LAND LOCATED WITHIN IRON SPRING PARK, CITY OF LAKEWOOD; FURTHER APPROVING THE EXCHANGE OF SUCH 21.764 ACRES OF CITY OWNED PARKLAND, BEING A PORTION OF IRON SPRING PARK, FOR 21.771 ACRES OF PRIVATELY OWNED LAND, LOCATED SOUTH OF ALAMEDA PARKWAY AND WEST OF HUTCHINSONS GREEN MOUNTAIN VILLAGE FILINGS 54, 55, 56 AND 62; FURTHER, PROVIDING THAT THE LAND RECEIVED BY THE CITY SHALL BE USED FOR PARK AND OPEN SPACE PURPOSES BY THE CITY OF LAKEWOOD
ITEM 6 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting June 5, 2006
Regular City Council Meeting June 12, 2006
ITEM 7 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Senior Citizens Advisory Commission Meeting, March 8, 2006
Lakewood Senior Citizens Advisory Commission Meeting, April 12, 2006
Lakewood Youth Commission Meeting, October 18, 2005
Lakewood Youth Commission Meeting, March 7, 2006
Lakewood Youth Commission Meeting, April 18, 2006
Lakewood Youth Commission Meeting, May 16, 2006
Liquor and Fermented Malt Beverage Licensing Authority Meeting, March 23, 2006
Liquor and Fermented Malt Beverage Licensing Authority Meeting, April 27, 2006
Lakewood Cultural Diversity and Human Relations Meeting, May 3, 2006
Public Comment: None.
Councilman Peterson asked that Item 4 be pulled from the Consent Agenda for the purpose of possible modification and discussion.
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, except for Resolution 2006-42, all of which are included in the Consent Agenda items introduced into the record by the Acting City Clerk. It was seconded by Councilwoman Wise.
Councilwoman Stack asked why the land exchange is coming to Council instead of going to the people for a vote.
City Attorney Roger Noonan explained that the City Charter requires an election for the sale or lease of open space or park property, and does not apply to a land exchange.
Councilwoman Stack commented that "disposal of" sounds the same as "sale or lease".
Mr. Noonan stated that the term "disposal" is not used in the section where election is mentioned. The charter only requires an election for "lease or sale" of land used for open space or park purposes.
Councilwoman Stack stated she would like the June 12 meeting minutes to reflect that any decision about licensing of dogs will be made by Council.
City Manager Mike Rock stated he would forward this comment to Ms. Greer when she returns, and reminded Council that any licensing program would have to be approved by Council in order for it to become part of the Municipal Code.
Councilman Anderson referred to page 40 of the City Charter, and the title of Section 14.3, "Sale, Lease and Disposal of City Property". He said he was confused by Mr. Noonan's earlier response.
Mr. Noonan stated that the next paragraph in the Charter is where the requirement for an election for the sale or lease of open space or park property is found. It is the "sale or lease" language that triggers an election.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried
ITEM 8 - GENERAL BUSINESS
Acting City Clerk Sharon Blackstock introduced Item 4, which had been removed from the Consent Agenda:
RESOLUTION 2006-42 - SETTING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 7, 2006, TO BE CONDUCTED AS A COORDINATED ELECTION WITH JEFFERSON COUNTY
Mayor Burkholder asked Councilman Peterson why he pulled this item from the Consent Agenda.
Councilman Peterson stated he realizes this resolution only sets the timing for an election, not the wording of the question that will be on the ballot, but he wants to modify the resolution to clarify the intent as discussed earlier by City Council. He made a motion to amend the second "Whereas", to add the following at the end of the sentence: "to exempt grants for parks, open space, streets and public safety".
Councilwoman Wise seconded the motion.
Vote on the motion to amend the resolution: 8 Ayes. 2 Nays (Anderson, Stack). The resolution is amended.
Mayor Burkholder asked if there was anyone in the audience who wished to speak on this item.
Dorothy Wisecarver - 655 Meadowlark Dr. Lakewood asked if the Council had acted on the resolution.
Mayor Burkholder stated that the vote just taken was only to amend the resolution before the Council. The Council will vote next on the resolution and if approved, it will set the date for the election, but the specific wording of the issue to be placed on the ballot has not yet been determined.
Vote on Resolution 2006-42: 8 Ayes. 2 Nays (Anderson, Stack). The resolution is approved.
ITEM 9 - PUBLIC COMMENT
Public comments are not verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Maggie Davison - 8065 W. Eastman, Lakewood CO, stated there is a visible increase in gang graffiti in Lakewood, Sheridan and Denver. Stated she is here on behalf of residents of Westgate Plaza and they are concerned about graffiti, tagging and vandalism. She asked if Lakewood Police patrol could be increased, and inquired about the penalties for graffiti, violation of curfew, and loitering.
Jack O'Dell - 6415 W. 16th Ave, Lakewood CO, invited citizens and City Council to attend the 11th annual meeting of Citizens for Lakewood's Future on July 13th.
Kim Dushinski - 6090 W. Exposition, Lakewood CO, stated she is speaking on behalf of herself and her neighbors. Stated they are concerned and don't understand how the Fair Housing Act is impacting the group home situation at 705 S. Harlan. Stated they are concerned that this is a center coming in and it is zoned as a home. Asked what they can do to get all their questions answered. Stated she would like to enter into the record a copy of her email communications to Council members.
Joyce Craig - 10194 W. Maryland Pl, Lakewood CO, stated that she has had an ongoing problem with a barking dog and after gathering the type of evidence she was advised to collect, learned that none of it is admissible in court. Stated that a Lakewood Animal Control Officer told her there is nothing they can do. She asked Council if they have any ideas of what she can do to resolve this problem.
Councilwoman Stack asked Ms. Craig how recently she was informed by Animal Control that there was nothing they could do. Ms. Craig stated it was within the last six weeks.
Councilman Stevens verified that we had Ms. Craig's information so someone could get back to her.
Mark L. Davis - 13800 W. Alaska Dr, Lakewood CO stated he had questions regarding the Planning Commission's refusal to recuse certain members prior to voting in favor of some of the issues related to the CARMA rezoning proposal, and asked if he could address these questions tonight.
Mayor Burkholder stated that any testimony regarding a rezoning ordinance could not be heard on first reading.
Mr. Noonan stated that the public hearing on the rezoning is in two weeks and the hearing on the ODP modifications is at the same time. Stated that if Mr. Davis's comments relate to either of these items, it would be inappropriate for the Council to hear them tonight tonight.
Brian Waring - Unincorporated Jefferson County, read a poem he had written. Stated he had a conversation with Councilman Murphy regarding quasi-judicial, stating that it is the law of the land. Stated it subterfuges the amendments to our Constitution.
James Mace - Ward 2, said he is concerned about the prostitution problem on Colfax. Stated that he ran into five or six prostitutes in a five-minute walk. Asked if City Council could please have a study session on this matter.
Councilman Murphy said Mr. Mace's comments are very timely. Stated they are working on an ordinance that will strengthen the ability of our Police Department to deal with this problem.
Jerry Burton - Ward 4, stated that he doesn't understand why the City doesn't use more Xeriscape to protect water resources. Stated that much of the grass on Lakewood's medians is brown while some is over watered.
Public Comment closed.
Mayor Burkholder stated that graffiti is a metro wide problem and most cities are experiencing an increase. Lakewood is working hard to address this issue. The tax increase approved in November allowed Lakewood to continue its graffiti program.
Mr. Rock stated that there would be a meeting regarding the barking dogs issue with the representatives of Ward 5. Referred to Mr. Noonan to answer legal questions regarding graffiti, group home and other concerns. Stated that he will look into the possibility of Xeriscape on the medians.
Mr. Noonan stated that the penalty for graffiti and/or loitering is a maximum of $1000.00 or 365 days in jail. Lakewood has a program that requires perpetrators to clean up graffiti. Stated that Fair Housing is a misunderstood concept; it is a federal law and we are not allowed to treat people who live in Fair Housing facilities differently than any other individuals. Stated the process is an administrative one, so if the use of the property is one that falls under the Fair Housing Act definition, it is not something that requires a public hearing and does not require a permit from the City.
Councilman Anderson stated that he was at a special use permit meeting for a different group home and there was a great deal of misunderstanding about the Fair Housing Act and the City's role with Fair Housing facilities. Suggested that Looking at Lakewood would be a useful tool to provide information regarding the Act. Stated that he hoped Lakewood Judges could better clarify for Mr. & Mrs. Craig what they can do about the barking dog problem in their neighborhood. Stated that graffiti has been a concern in the Green Mountain area and suggested that this is another issue that should be addressed in Looking at Lakewood.
Councilman Stevens stated he is concerned about the barking dogs issue, was not totally satisfied with the complaint process and stated he will work toward strengthening the barking dog ordinance.
Councilman Murphy commented that trying to legislate what is admissible evidence in court proceedings confuses the three branches of government. Stated he supports the idea of looking at strengthening the barking dog ordinance. Encouraged citizens to call the Police Department when they see graffiti and said this problem does have a tendency to increase during the summer. Regarding the group home issue, he asked Mr. Noonan if his comments about the City's "cutting edge" legislation referred to Lakewood's spacial requirements.
Mr. Noonan said no, he was referring to a section of the Zoning Ordinance that addresses handicapped housing.
Councilman Murphy added that the City has a spacial requirement that is different from most other cities and its purpose is to prevent undue concentration of certain facilities in any particular neighborhood.
Councilwoman Allen stated that if citizens see graffiti in progress or something suspicious going on, they should call the Police Department at 303-987-7111. Stated that if a citizen finds graffiti they should call the graffiti hotline at 303-987-7187.
Councilwoman Stack stated that in the Eiber neighborhood they have had a lot of graffiti, so they organized a committee to remove graffiti as soon as it's discovered. Suggested other neighborhood organizations do the same.
Councilman Peterson asked that there be a written response regarding the email that Ms. Dushinski sent to Council in order to be able to address her questions. Stated that he supports Councilman Anderson's suggestion for an article in Looking at Lakewood. Stated he also supports looking at the barking dog ordinance. Stated that Councilwoman Stack's suggestion to put together a committee to address a neighborhood's graffiti problem is an excellent idea. Stated that if citizens see any graffiti that talks about ICP or any form of that to call the graffiti hotline.
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 8:00 p.m.
Submitted by,
Sharon Blackstock, Acting City Clerk
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