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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
Ray Elliott
Diana Allen
Mike Stevens
Absent: None
Others in attendance: Mike Rock, City Manager
Paul Kennebeck, Acting City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PRESENTATION - GOD BLESS AMERICA
Rylie James, a 4 year old girl, sang God Bless America.
ITEM 4 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 5 - PROCLAMATION - BREAST CANCER AWARENESS MONTH & NATIONAL MAMMOGRAPHY DAY
Mayor Burkholder proclaimed the month of October as Breast Cancer Awareness Month and October 20th as National Mammography Day.
ITEM 6 - PROCLAMATION - MEET THE BLIND MONTH
Mayor Burkholder proclaimed October as National Federation of the Blind, Meet
the Blind Month.
ITEM 7 - RESOLUTION 2006-52 - REAPPOINTING A MEMBER TO THE LAKEWOOD HOUSING AUTHORITY
Councilwoman Koop made a motion to approve Resolution 2006-52. Councilwoman Wise seconded the motion.
Councilwoman Koop stated the screening committee unanimously voted to reappoint Joan Smith to the Lakewood Housing Authority. Asked Councilwoman Stack if she would like to address some of the concerns she had about this reappointment.
Councilwoman Stack stated she would be meeting with Tami Fischer regarding this issue and she did not want to address her concerns at this time.
Vote: All Ayes. No Nays. The motion carried.
ITEM 8 - RESOLUTION 2006-60 - APPOINTING A MEMBER TO THE LAKEWOOD HERITAGE, CULTURE AND THE ARTS COMMISSION
Councilwoman Koop made a motion to approve Resolution 2006-60. Councilwoman Wise seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
Councilwoman Koop officially appointed William Goldwin as vocal member to the Lakewood Heritage, Culture and Arts Commission.
Mayor Burkholder introduced a Boy Scout member in the audience.
Mayor Burkholder stated he would be combining Items 9 and 10. Asked that City
Clerk Margy Greer introduce and explain the items.
ITEM 9 - REFERENDUM PETITION SUFFIENCY DETERMINATION
ITEM 10 - RECONSIDERATION - 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 OPEN SPACE AND PARK PURPOSES BY THE CITY OF LAKEWOOD
City Clerk Margy Greer stated that on July 24, 2006, City Council adopted Ordinance O-2006-15. Stated on September 8th, 2006 the City Clerk's Office received a referendum petition to request reconsideration of O-2006-15. Stated the City Clerk's Office reviewed the referendum petition and the office has found a sufficient number of signatures to bring it forth to Council. Stated the purpose tonight is to ask City Council to reconsider the ordinance. Stated if Council re-adopts the ordinance, the referendum petition makes it necessary to call for a Special Election. Stated if Council does not adopt the ordinance there will be no call for a Special Election. Also stated that on Friday, October 6, 2006 a protest regarding the petition was received in the office. Stated the process does not stop because of the protest. Stated a public hearing will be held within 20 days regarding the protest, at which time both sides will be able to speak and another determination will be made at that point. Stated that if it is determined that the referendum petition is valid, the protester may go to District Court and if that happens, the process does stop for the period of time that it is in the District Courts. If the District Court disagrees with the decision of the City Clerk, the referendum petition becomes void.
Mayor Burkholder stated he is combining Items 9 and 10 because the first has to do with the sufficiency of signatures and the second has to do with reconsideration of the ordinance.
Councilman Anderson asked what the public hearing would address.
Acting City Attorney Paul Kennebeck stated the question will be to determine whether the City Clerk's assessment for the signatures was correct. Stated the protesters are able to come forward and present their evidence.
Councilman Anderson asked if the protest has argued with the sufficiency of the circulators or any larger issues and what will be addressed at the hearing.
Paul Kennebeck stated the sole issue of the hearing is the sufficiency of the signatures.
Margy Greer stated they are protesting the signatures and she will determine those one way or the other. Shed read from the last paragraph of their letter, "In addition to the insufficiency of the petition signatures we have reason to believe the circulators hired by the petitioners to collect petition signatures mislead the public with regard to the content and the consequences of the petition. We are prepared to present evidence at the hearing on this protest showing the petition signatures were obtained in a fraudulent manner".
Councilman Anderson asked if that will be a part of the hearing.
Paul Kennebeck stated he doesn't believe that will be part of the hearing. Stated the Charter and City Ordinances mandate a very narrow issue here. Stated that doesn't mean the protesters can't raise the issue but that would be raised in District Court.
Councilman Anderson asked if individuals will be able to introduce evidence and what is the procedure is somebody wants to present evidence.
Paul Kennebeck stated both parties should be organized to present evidence of names they have gathered are Lakewood citizens. Stated those citizens might be subpoenaed and that the City Clerk does have subpoena power that can be enforced by the District Court. Stated he expects the protesters to also subpoena witnesses and submit evidence.
Councilman Elliott asked if the party that has filed the petition get copies of the information of what is being protested.
Margy Greer stated they do get copies.
Councilman Murphy asked who the protesters were.
Margy Greer stated they are six elected registered voters in the City of Lakewood.
Councilman Peterson asked Paul. Kennebeck to explain the procedure that will be used to vote on reaffirmation of the ordinance.
Mayor Burkholder stated they have determined there are sufficient enough signatures to move onto Item 10. Asked Paul Kennebeck to explain what reconsideration means.
Paul Kennebeck stated that now that the presentation of the sufficiency of the signatures, Ordinance O-2006-15 is now suspended. Stated that now the ordinance is coming back to Council as if for the first time. Stated the question is this: Shall Ordinance O-2006-15 be adopted, if the vote is by majority and is adopted then an election is set as a separate Council action. Stated that if it is not adopted, then it has been overturned. Stated Robert's Rules are not in effect here. He stated this is a mandate from the Charter and the City's ordinances. Stated the question will be asked, there will be no second and the vote shall be had.
Mayor Burkholder stated this is a unique situation. Stated Council is not required but he will take public comment on this issue.
Public Comment:
Anne Stavig - 14230 W. Evans Cir. Lakewood CO
Stated she and her neighbors were very pleased with the land swap and the final
development. Stated the petition had blindsided them. Stated she was concerned
that this has all happened so quickly and haven't had the chance to let Council
know that they are very supportive of having that kind of planned development.
Asked that Council approve the election. Stated that the petition process was
misleading.
Hal Sargent - 14230 W. Evans Cir., Lakewood CO
Stated he didn't believe the petition was an expression of informed public opinion.
Stated the Rooney Valley Master Plan was an informed plan. Asked Council to
reaffirm the ordinance.
Lisa Scott - 14222 W Evans Cir., Lakewood CO
Asked that Council reaffirm the ordinance and continue to support the master
plan. Stated the petition process was misleading and fraudulent.
Virginia Crause - 14224 W Evans Cir., Lakewood CO
Asked Council to vote towards the election.
Rita Bertolli - 13484 W Oregon, Lakewood CO
Stated the buffer zone is a great idea but not at the expense of a property
owners piece of land that was dedicated to the City. Stated they have verified
each of their signatures on their petitions. Asked that the process from here
on out be swift. Stated elections are great, fun, interesting and vibrant. Stated
the protesters are not going to hold up an election and she will retain an attorney
for the people who are on her petition. Thanked the City Clerk and her office
for doing such a marvelous job. Cautioned the public to speak regarding the
petitions being fraudulent as it might be record for future debate.
Public Comment is closed.
Mayor Burkholder asked Paul Kennebeck what a "yes" and "no" vote will mean.
Paul Kennebeck stated the question before Council is: Shall Ordinance O-2006-15 be adopted. Stated a yes vote means it shall be adopted and a no vote means it will not be adopted. Stated it is a majority decision. Stated if it is a "yes", vote Council will have to set an election. Stated if it is a "no" vote that will end the matter.
City Manager Mike Rock stated this ordinance is the original ordinance that Council adopted. Stated it is not a separate ordinance regarding an election or a referendum. Stated it is either upholding or overturning the original decision.
Councilman Murphy stated they already unanimously approved the ordinance in July and stated he will vote yes for it as he did in July.
Councilwoman Allen stated the City of Lakewood is going to have probably two elections at this point to the tune of about $500,000 to the City. Stated it is a little disturbing to hear that the people collecting signatures didn't give all the information. Stated she will be upholding the decision she had in the first place.
Councilwoman Stack cautioned listening to rumors.
Councilman Elliott stated that in July one of their concerns was if the public would be greatly affected by the value of the land that was being swapped. Stated the public should realize this is not something the developer needed to do, it was something the City requested the developer to do. Stated he would support this issue again.
Councilman Stevens stated he is concerned about the price of a public forum. Stated there are people who signed the petition without having all the facts. Asked Margy Greer if someone who has signed a petition wishes to reconsider that decision, is there an opportunity to do so and if that circumvents the possibility of going to an election.
Margy Greer stated there is a process for reconsidering a signer's decision. Stated something must be submitted to the City Clerk in writing within the same 30 days that the protest petition had to be turned in.
Councilman Stevens clarified that the 30-day period to reconsider has passed.
Mayor Burkholder stated that he is voting yes on this issue. Stated that throwing out the Council's decision from July 24th is a wrong decision. Stated he is concerned with the long-term issue. Asked if the City is going to become a City who has zoning by initiative and referendum. Stated it is scary. Stated that this election is going to cost the City more than $200,000 and those are programs that will need to be cut from other programs in the City. Stated that he is concerned that 2,928 people that are going to cost the taxpayers of Lakewood over $200,000.
Mayor Burkholder asked for a reconsideration of Ordinance O-2006-15.
Vote: All Ayes. No Nays. The motion carried
ITEM 11 - RESOLUTION 2006-63 - SETTING A SPECIAL MUNICIPAL ELECTION FOR JANUARY 2, 2007, TO BE CONDUCTED AS A MAIL BALLOT ELECTION
Councilman Peterson made a motion to approve Resolution 2006-63. Councilwoman Wise seconded the motion.
Councilman Stevens asked Margy if she could explain the timing of the election.
Margy Greer stated that a Special Election has to be set no less than 30 days and not more than 90 days from the day the determination is presented. Stated elections happen on Tuesdays. Stated January 2nd, 2007 is the very last Tuesday within the 90-day period. Stated she is asking for that date because at least three to four weeks is needed for printing of ballots and envelopes and for mailing. Stated it is a very tight timeline if it is moved up any earlier. Stated the problem with a January election is that there are several holidays in that time frame and discussions are under way about opening the City Clerk's office for the drop off of ballots. Stated 10 days prior to the election date the Clerk's office starts counting ballots.
Mayor Burkholder clarified that appropriations will need to be made to the City Clerk's budget in the amount of $250,000 to cover the cost of the Special Election.
Vote: All Ayes. No Nays. The motion carried
ITEM 12 - PUBLIC HEARING - 2006 REVISED/ 2007 PROPOSED BUDGET
Finance Director Larry Dorr presented a power point presentation regarding the 2006 revised/ 2007 proposed budget.
Public Hearing: None
Councilman Murphy asked about the addition of the Gang Intervention Team. Asked what format will Council receive the official addition.
Larry Dorr stated the draft ordinance has been revised to include additional funds that correspond to the bottom line. Stated the ordinance being read as a first reading includes all the items discussed and is in Chief Burns' memo.
Councilman Elliott asked if the Gang Interdiction Unit is identified specifically for gangs currently but will be part of the Special Enforcement Team. Also asked if the need for gang interdiction is decreased, would those resources be deployed to other special enforcement issue in the City or is it strictly a gang issue.
Chief of Police Ron Burns stated the unit will be part of the Special Enforcement Team directly to interdict gang activity and focus on gangs.
Councilwoman Stack stated she received a memo regarding the Head Start Program. Asked if that has been added as an item to the budget.
Larry Dorr stated there have been no changes in the budget for that.
Councilman Elliott stated that last year there was a commitment to spend 50% of the budget on certain programs. Complemented the City for putting money aside into the savings account.
Larry Dorr stated the funding for the Special Election is not included in the 2007 budget. Stated that on October 23rd there will be an amendment to the ordinance to add additional funding for both 2006 and 2007 to provide for the Special Election. Stated the amounts are broken down over the two-year period because some will be happening in 2006 and some in 2007. Recommended the ordinance upon adoption at the October 23rd meeting would include an amendment to include funding in the amount of $215,000 for 2006 and $27,000 for 2007.
Councilman Elliott asked if the amount that is spent on that election be tracked separately and asked if Council can get a report as to what the amount winds up being for those two years.
Larry Dorr stated it would be track separately. Stated they are creating business units for tracking purposes within the City Clerk's office.
Mayor Burkholder thanked Larry Dorr and his staff for the level of professionalism shown.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 13 - RESOLUTION 2006-61 - AUTHORIZING AN AGREEMENT WITH NEWPATH NETWORKS, LLC REGARDING USE OF RIGHTS-OF-WAY FOR TELECOMMUNICATIONS EQUIPMENT
ITEM 14 - RESOLUTION 2006-62 - APPOINTING A MEMBER TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS
ITEM 15 - ORDINANCE O-2006-22 - REPEALING AND REENACTING SECTIONS 3.24.020,
3.24.030, 3.24.050, 3.25.051, AND 3.24.052 AND ADDING A NEW SECTION 3.24.053
OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE CITY'S SELF-INSURANCE PROGRAM
TO ESTABLISH THE MEDICAL AND DENTAL SELF-INSURANCE FUND
ITEM 16 - ORDINANCE O-2006-24 - LEVYING TAXES FOR THE YEAR 2006, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007
ITEM 17 - ORDINANCE O-2006-25 - ADOPTING A REVISED BUDGET FOR THE YEAR 2006 FOR THE CITY OF LAKEWOOD, COLORADO, AND FURTHER ADOPTING THE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2007, AND ENDING ON DECEMBER 31, 2007, 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
ITEM 18 - ORDINANCE O-2006-26 - INCLUDING A PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD WITHIN THE METRO WASTEWATER RECLAMATION DISTRICT SERVICE AREA
ITEM 19 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Planning Commission
Meeting August 16, 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.
Councilman Elliott asked how much revenue is coming into the City regarding Item 13. Also asked if there are going to be easements required and what will the contractor be required in relation to whatever equipment will be needed for those sites.
City Engineer Jay Hutchison stated there are 12 locations currently proposed
in the Green Mountain Area. Stated the 12 locations are not additional poles,
they are replacement poles. Stated there will still be the same number of poles
that are there today. Stated all of the other facilities, other than the antennae,
will be underground. Stated they will not be on public property. They will be
in the public right of way. Stated there are provisions in the agreement that
there could be revenue received by the City but at this point there will not
be. Stated legally they cannot require the revenue from the providers.
Councilman Elliott clarified that they don't have to pay a fee even though they
are using public rights-of-way to bury their equipment.
Jay Hutchison stated it is very similar to other telecommunication providers that are already in the public right-of-way and stated they do not pay a fee either. Stated there will be an escrow amount in the event the City has to remove poles in the future.
Councilman Stevens asked what the effected radiated power is for these transmitting units.
Jay Hutchison referred Councilman Stevens question to the CEO for New Path Networks, Mike Cavanaugh.
Mike Cavanaugh - CEO New Path Networks
Stated these are very low power units and are under the same guidelines from
the FCC.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried
Second Reading of Ordinances and Public Hearings
ITEM 20 - ORDINANCE O-2006-23 - VACATING A PORTION OF COLLINS AVENUE RIGHT-OF-WAY LYING ADJACENT TO 10811 WEST COLLINS AND FURTHER LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Public Comment: None
Councilman Peterson made a motion to adopt Ordinance O-2006-23 on second and final reading. Councilwoman Wise seconded the motion.
Vote on the O-2006-23: All Ayes. No Nays. The motion carried
ITEM 21 - GENERAL BUSINESS
None.
ITEM 22 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Sheila Brierley - 8550 W. Colfax Ave., Lakewood CO
Stated she is representing the West Colfax Community Association. Stated their
board is in support of the passage of 2A.
Mary Bindner - 2669 S. Wadsworth Cir., Lakewood CO
Made the invitation to attend a debate between Douglas Campbell and Senator
Norma Anderson on Tuesday, October 17th, 2006 from 6:30 pm to 8:30 pm at the
Clements Community Center.
Roger McCarville - Arvada
Questioned whether the Housing Department is doing a good job because of such
good occupancy rates. Asked how they could not have good rates when the renter
is paying such a small percentage of the rent themselves. Stated the booklet
he received regarding this information did not tell anything about the individual
salaries paid to the subsidized housing employees.
Brett Zachman - 492 S Saulsbury St., Lakewood CO
Stated he and his group; Keep Lakewood's Fair Share, unfortunately omitted a
signature and address on their pro statement for the blue book. Stated they
do not hold the City Clerk or her staff culpable for that error. Stated they
applaud the City Clerk for upholding the law. Stated they will be diligent in
fixing their error and educating the citizens on 2A.
Rita Bertolli - Ward 4
Stated that the Mayor was wrong in his desire to abrogate and restrict rights
of people to do initiative and referendum processes. Also asked people to vote
"no" on 2A. Stated she does not believe in representative democracy.
Chuck Thorman - 12464 W. 2nd Dr., Lakewood CO
Stated he is in favor of 2A. Stated the taxes have already been paid and they
can get some of their money back.
Natalie Menten - Ward 5
Stated Councilman Peterson and Mayor Burkholder are stating false information
regarding gifts. Stated Council should ask Larry Dorr if their attributable
share of open space revenue can go to another City. Stated she would like Council
to ask Larry Dorr for facts so that false statements from Council will cease.
Public Comment is closed.
ITEM 23 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events
and announced upcoming neighborhood meetings and events.
ITEM 24 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:02 p.m.
Submitted by,
Margy Greer, City Clerk
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