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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
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
Presentation of Colors by the Lakewood Police Department Honor Guard and the West Metro Fire District Honor Guard. The Pledge of Allegiance was recited.
ITEM 4 - PROCLAMATION - CONSTITUTION WEEK
Mayor Burkholder proclaimed September 17 - 23 as Constitution Week. A Lakewood
High School student stated the purpose of Liberty Day is to become a well-educated
youth. Andy McKeon stated he started Liberty Day ten years ago in his Lions
Club. He stated their goal is to educate young people as to the contents and
importance of the Constitution of the United States and the Declaration of Independence.
Mayor Burkholder introduced the Jefferson County Assessor, Jim Everson.
Jim. Everson Jefferson County Assessor
Stated that the County has created kiosk computers which will allow citizens
to access information regarding their homes, flood plain information, dipping
bed rock information, satellite imagery, etc. These are items that you cannot
access on the Internet. Stated that these kiosks are fully programmed and taken
care of by the County. Stated the County would like to use Lakewood as a pilot
program. Asked City Council for their approval on this project.
Councilman Elliott - Asked if there is any cost to the City or the citizens of Lakewood to access the kiosk.
Jim Everson - Stated there is no cost to the City of Lakewood whatsoever. The Assessor's office regularly allow people to print things from their computers at the County and it will be treated no differently from the way it is done in the County.
Mayor Burkholder introduced the representatives from Second Wind to talk about their upcoming event.
Jeff LaMontage-Second Wind Fund Representative
Stated that as many as one in four kids will have more than passing thoughts
of suicide in any given year. The Second Wind Fund pays for counseling services
for kids who are deemed at risk or suicidal by their schools but are uninsured
or under insured. Stated that 120 kids from Lakewood high schools have been
referred to this program over the past few years.
Kathy Worthington-Second Wind Fund Representative
Stated this year's Second Wind Walk/Ride/Bike event will take place on September
24th at Green Mountain Presbyterian Church at 10:00 a.m. and are anticipating
2000 people. She invited everyone to come to this event that will open the door
to an important conversations
Councilman Elliott - Stated he has been involved in this event for years. He
asked them what has occurred with this fund.
ITEM 5 - PRESENTATION - LAKEWOOD ON PARADE AWARDS
Mary Bindner - Lakewood on Parade
Introduced Judy Repp and Grace Faye who are co-presidents of the parade.
Ms. Bindner presented award recipients with their Parade awards.
Lakewood on Parade Awards:
Lakewood High School Marching Band - Band Entry
Belmar Elementary - Mary Shephard - Youth Entry
Green Mountain Surface Unit of the Girl Scouts - Tami Mill - Best Scout Entry
Green Mountain Surface Unit of the Girl Scouts - Best Overall Parade Award
Saint Patrick's Day Parade Committee - Best Non Commercial, Non-Profit Entry
Roiter Construction & Denver Tin Ceilings - Kim & Carol Roiter - Best
Commercial Entry
Elmer Hait & Family - Best Motorized Entry
Westernaires - Best Equestrian Entry
The following Consent Agenda items were read into the record by the City Clerk:
Consent Agenda items.
ITEM 6 - RESOLUTION 2006-47 - ESTABLISHING BUILDING PERMIT FEES FOR THE CITY OF LAKEWOOD
ITEM 6 was pulled by Councilman Anderson and moved to General Business.
ITEM 7 - RESOLUTION 2006-48 - AUTHORIZING INTERGOVERNMENTAL AGREEMENTS WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), GOLDEN AND JEFFERSON COUNTY
FOR THE DESIGN AND CONSTRUCTION OF BIKEPATH TO PROVIDE A CONNECTION BETWEEN
THE
C-470 BIKEPATH AND THE WEST 6TH AVENUE/INDIANA STREET AREA
ITEM 8 - RESOLUTION 2006-49 - APPROVING A PARTIAL STIPULATION AND SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD AND THE PUBLIC SERVICE COMPANY
ITEM 9 - RESOLUTION 2006-50 - PROVIDING NOTICE TO ALL PEACE OFFICERS OF THE DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION
ITEM 9 was pulled by Councilwoman Allen and moved to General Business.
ITEM 10 - RESOLUTION 2006-51 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE DESIGN, RIGHTS-OF-WAY
ACQUISITION AND CONSTRUCTION OF INTERESECTION IMPROVEMENTS AT WEST COLFAX AVENUE
AND KIPLING STREET
ITEM 11 - ORDINANCE O-2006-19 - AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR AN UNDERGROUND WATER STORAGE TANK, WATER LINES, SERVICE ROADS AND UTILITIES TO SERVICE THE TANK AND RELATED FACILITIES ON WILLIAM FREDERICK HAYDEN PARK TO PROVIDE WATER TO THE FUTURE RESIDENTS OF LAKEWOOD; FURTHER ACCEPTING A QUIT CLAIM DEED OR SOME OTHER RELATED DOCUMENT FROM JEFFERSON COUNTY TO THE CITY OF LAKEWOOD RELEASING THE OPEN SPACE RESTRICTION ON THE PERMANENT EASEMENT THAT WILL BE CONVEYED TO THE CONSOLIDATED MUTUAL WATER COMPANY
ITEM 12 - ORDINANCE O-2006-20 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF TURN LANES, TRAFFIC SIGNALS AND SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF WEST COLFAX AVENUE AND SIMMS STREET FOR THE COLFAX AT SIMMS INTERSECTION IMPROVEMENT PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AUTHORIZATION TO CONVEY THE FEE SIMPLE PARCELS ACQUIRED ON THIS PROJECT ADJACENT TO STATE RIGHT-OF WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION, AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 13 - ORDINANCE O-2006-21 - ADDING SECTION 1.16.090 OF TITLE 1 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PENALTY FOR VIOLATIONS, AMENDING SECTIONS 9.12.010, 9.44.030, 9.45.020, 9.45.030, 9.45.040, 9.45.050, 9.45.060, 9.45.070, AND 9.50.050 AND ADDING SECTIONS 9.41.100, 9.43.080, 9.45.090, 9.50.030, AND 9.65.030 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY
ITEM 14 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Head Start Meeting, May 22, 2006
Lakewood Housing Authority Meeting, July 24, 2006
Lakewood Planning Commission Meeting, May 3, 2006
Lakewood Planning Commission Meeting, June 21, 2006
Lakewood Planning Commission Meeting, June 28, 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.
Councilwoman Allen - Asked that Item 9 be taken off of the Consent Agenda
Councilman Anderson - Asked that Item 6 be removed from the Consent Agenda for purposes of a vote. Would also like to remove Item 7 from the Consent Agenda due to a question. Asked City Attorney Roger Noonan regarding Item 11 if the petition regarding the land swap will impact the ability of citizens to go forward and vote yes or no on this election.
City Attorney Roger Noonan - Stated this ordinance does not affect the referendum petition that was filed.
Councilman Anderson - Asked if Council were to go forward with the second reading for this proposal would there be anything that would interfere with the election.
Roger Noonan - Stated there would be nothing that would interfere with the election.
Councilman Anderson - Regarding Item 7; stated he heard there will be a meeting for entities to be able to enter comments and suggestions for future projects like this. Stated there are no matrixes stating how many individuals will be using this bike path. Stated he would like to know if there are some possibilities to measure things. He asked if DRCOG would be asked by the City to deal with some sort of a matrix.
Councilwoman Wise - Asked Mr. Baskett why, if the City only has 3,000 feet of sidewalk, the City is paying an equal share into this.
Dave Baskett - City of Lakewood Traffic Engineer - Stated that Golden is making the application and they requested that Lakewood join in with them. Stated that for the $100,000 the City is also getting federal funds for part of the project. It is a little less than a third. Stated Golden is picking up all of the maintenance for the larger share and while the City is paying a little more for the capital, in the long run we will be paying a little bit less for the maintenance.
Councilman Elliott - Clarified that the funds that are being used here are
included in the City's 2006 Capital Improvement Budget, referring to Items 7
and 10.
Dave Baskett - Stated this is just to be able to go in and do the IGA which should take about six months so it would not be the 2006 budget. Stated that for the bike path, most of the local match is going to come out of staff time. Lakewood is doing the design and the surveying for the job but the cash is going to come from the County and Golden. Regarding Item 10; the City was not originally a project that was selected, the City was number one on the waiting list. When the money was turned back the City had the opportunity to have their project funded. Stated he is not sure when the money will be available; probably 2008 or 2009.
Councilman Elliott - Stated that during the review of the budget one of the concerns was that the project had been scoped into the Capital Improvement budget somewhere.
Councilman Murphy - Stated that one common sense answer to the issue of metrics on a bike path is an issue of connectivity. Bike riders just want to get from here to there.
Mayor Burkholder - The motion is for the adoption of the Consent Agenda with the deletion of Item 6 and Item 9.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 15 - ORDINANCE O-2006-17 - REPEALING AND REENACTING CERTAIN PROVISIONS OF TITLE 14 OF THE LAKEWOOD MUNICIPAL CODE INCLUDING ADOPTION BY REFERENCE OF THE INTERNATIONAL BUILDING CODE OF THE INTERNATIONAL CODE COUNCIL, 2006 EDITION; THE INTERNATIONAL RESIDENTIAL CODE OF THE INTERNATIONAL CODE COUNCIL INCLUDING APPENDIX CHAPTER H, 2006 EDITION; THE INTERNATIONAL MECHANICAL CODE OF THE INTERNATIONAL CODE COUNCIL, 2006 EDITION; THE INTERNATIONAL FUEL GAS CODE OF THE INTERNATIONAL CODE COUNCIL, 2006 EDITION; THE INTERNATIONAL PLUMBING CODE OF THE INTERNATIONAL CODE COUNCIL, INCLUDING APPENDIX CHAPTERS B, C, D, E, F AND G, 2006 EDITION; THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, INCLUDING ANNEXES C AND G, 2005 EDITION; THE INTERNATIONAL FIRE CODE OF THE INTERNATIONAL CODE COUNCIL, INCLUDING APPENDIX CHAPTERS B, E AND F, 2006 EDITION AND THE INTERNATIONAL ENERGY CONSERVATION CODE OF THE INTERNATIONAL CODE COUNCIL, 2006 EDITION, AND ESTABLISHING THE PENALTIES THEREFORE
Public Comment: None.
Councilman Peterson made a motion to adopt Ordinance O-2006-17 on second and
final reading. Councilwoman Wise seconded the motion.
Vote on the O-2006-17: All Ayes. No Nays. The motion carried
ITEM 16 - GENERAL BUSINESS
A. Councilman Peterson made a motion to set a Special Meeting at 6:00 p.m. on September 18, 2006, for the purpose of holding an Executive Session. The Executive Session is for the purpose of discussing negotiation strategies as they relate to upcoming development projects, in particular C470, per C.R.S. 24-6-402(4)(e) and Section 2.15(c)(2) of the Lakewood Home Rule Charter. It was seconded by Councilwoman Wise.
Vote: All Ayes. No Nays. The motion carried.
B. ITEM 6 - RESOLUTION 2006-47 - ESTABLISHING BUILDING PERMIT FEES FOR THE CITY OF LAKEWOOD
Councilman Anderson - Stated that in this resolution the City is looking to raise temporary occupancy permit fee from $25.00 to $250.00 with an additional $500.00 held as surety that the work will be completed. Stated that the second piece of that is an attempt to persuade people to do what they should do but believes the first piece is simply too large of an increase. Stated he will not vote in favor of this.
City Manager Mike Rock - Stated that the percentage increase is large but the logic is based on an assumption that the original fee was inadequate to cover the cost of the service. Temporary Occupancy Permits are very time consuming and $25.00 did not cover it 20 years ago and it doesn't cover it today. The City is seeing an increase in TCO's. Stated that rather than dealing with this on a percentage basis the issue should be if the City believes in the concept that there are two ways to pay for government, one way is general taxes that everyone pays and the other concept is that those fees that have a direct relationship to the service provider. In this case, Building Permit fees are primarily paid for by those who use it.
Councilman Murphy - Stated that this is one small step along the path of development paying for its own way. Stated it is time to increase the fee and he will be voting for the motion.
Councilwoman Stack - Stated that she is concerned for the small developers
in the City of Lakewood. Asked if this shortens the list of people trying to
do business in Lakewood.
Mike Rock - Stated he does not think it should effect those people because the
fees are directly paid by the homeowner not by the developer. Stated it will
not hurt the person who is doing their job, it will hurt the person who promises
the homeowner, client or the City that they are going to do something and then
fails to perform.
Councilman Peterson - Stated that the fee schedule that is indicated here is not substantially different from a lot of other fee schedules in other municipalities. Stated that most of the time, TCO's are issued to larger developments that are enclosing a number of units at one time. Stated that he will be supporting this motion.
Councilman Elliott - Asked for clarification on when a TCO comes into play, why it comes into play and how long it is there for.
Dan Nickle - City of Lakewood Chief Building Inspector - Stated that typically the reason that a TCO is issued is that all of the items related to the construction are not completed but the property owner or tenant arranges to occupy the building. Stated that at that point the Building Department would consider issuing a TCO verses a final certificate. Stated that the maximum length of a TCO is 180 days. Stated that the $750.00 would be collected with the issuance of the TCO and the refund would happen upon completion of the work in the allotted time frame.
Mike Rock - Stated that it would be administratively expensive and not cost effective to try to inventory each case. In many cases there is not just one trip out for an inspection, there are multiple trips due to different issues.
Councilman Elliott - Stated he does not like the increase and hopes it doesn't take 26 years to make an adjustment.
Mike Rock - Stated they are trying to help the homeowners by doing this. Stated that one way to avoid this problem in the future is to come back every year with the increase.
Councilwoman Koop - Thanked Dan Nickle and his staff for the packet with all the pertinent information.
Public Comment: None.
Vote on Resolution 2006-47: 10 Ayes. 1 Nay (Anderson). The motion carried
C. ITEM 9 - RESOLUTION 2006-50 - PROVIDING NOTICE TO ALL PEACE OFFICERS OF THE DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION
Public Comment: None.
Councilwoman Allen - Stated that she has two problems with this coming to the municipal level. Stated that our police department already has enough to do and they work very hard with our state and federal officials and this is unnecessary. Stated that these are not the kind of laws that fix the immigration problems.
Councilman Anderson - Stated that he looks forward to the good judgment of our police department in interpreting what he believes is a poorly written law.
Vote: 10 Ayes. 1 Nay (Allen). The motion carried.
ITEM 17 - PUBLIC COMMENT
James Mace - Ward 2
Stated he is here to speak about prostitution in Lakewood. Stated there is a
Lakewood ordinance regarding this issue and wanted to know when City Council
gets to vote on this and when the public is going to be able to comment on this
issue. Stated he has some ideas about what he can do about it and believes that
City Council is not doing their job.
Natalie Menten - Ward 5
Stated that Councilman Peterson claimed that Ballot Issue 2A is only about grants.
Asked Councilman Peterson if he contacted Kathy Hodgson as he said he would
and did she explain to you that this is open space revenues and that is sales
tax and different from grants.
Public Comment was closed.
Councilman Peterson - Stated he did speak with Kathy Hodgson and Larry Dorr and this particular issue does include the maintenance that we get from Jefferson County Open Space. Those funds come in as maintenance funds and that would be exempted under 2A. Stated he talked about the possibility of refunds under a situation like that because these funds are from open space specifically directed to maintenance of open space. Stated the City would have to refund those to the County and not the citizens.
Councilman Murphy - Spoke to James Mace regarding the prostitution issue. Stated that the City, just tonight, passed the first reading ordinance and in two weeks will be the second reading ordinance at which time he and other citizens could comment on this issue. Councilman Murphy read some of the issues the ordinance would be covering.
ITEM 18 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 19 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:27 p.m.
Submitted by,
Margy Greer, City Clerk
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