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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
The Pledge of Allegiance was recited.
Mayor Burkholder recognized Boy Scout Members from Troops 814,135 and 748.
ITEM 4 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS
Pat Heffner - Sergeant, School Support Team
Ms. Heffner gave the history of the Lakewood Legacy Foundation. Stated their
purpose is to improve the lives of seniors and children in Lakewood.
Marta Murray - Executive Director of Youth Leadership Jefferson County
Introduced co-chairs, Lindsey Hislop and Veronica Selsler and vice co-chairs,
Kylie Vigil and Aaron Garrison. Ms. Hislop and Selsler thanked the Lakewood
Legacy Foundation for the grant they received for Youth Leadership Jefferson
County. Ms. Hislop and Selsler stated the Youth Leadership program is designed
for high school students, and gives them the opportunity to develop their leadership
potential.
Ms. Heffner presented Marta Murray of Youth Leadership Jefferson County with a check for $1000.00.
ITEM 5 - PRESENTATION - FINANCIAL AWARDS-CAFRA/AUDIT AND BUDGET
Item 5 was pulled by Mayor Burkholder and rescheduled for the following week.
ITEM 6 - RECOGNITION - GOVERNMENT MERIT AWARD TO COMMUNITY PLANNING AND DEVELOPMENT - CREEKSIDE PROJECT
Mayor Burkholder stated the City of Lakewood, Community Planning and Development Department, received the 2006 Governor's Award for downtown excellence and design to the Creekside Shopping Center. Stated Councilwoman Stack attended the ceremony and asked her to tell about the ceremony.
Councilwoman Stack - Stated she and City of Lakewood employee Richard Garb accepted the award on behalf of Rebecca Clark and the Community Planning and Development department.
Mayor Burkholder presented the 2006 Governor's Award to Rebecca Clark and thanked everyone involved.
Rebecca Clark - Director of Community Planning and Development - Stated she was receiving the award on behalf of the Community Planning and Development department and the City Manager's Office, as they were all responsible.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 7 - RESOLUTION 2006-64 - ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS IN THE 2007 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM
Item 7 pulled and placed under General Business.
ITEM 8 - RESOLUTION 2006-65 - FOR ACCEPTANCE OF BID AND AUTHORIZING A CONTRACT FOR CONSTRUCTION OF SHERIDAN SIDEWALKS, OHIO TO CENTER AND VIRGINIA TO ALAMEDA
City Clerk Margy Greer stated Resolution 2006-65 needs to be corrected. Stated Section three needs to read "the City treasurer is hereby authorized to make payment to Concrete Construction Specialties, LLC in accordance with the terms of said contract."
ITEM 9 - RESOLUTION 2006-66 - FOR THE ADOPTION OF A MASTER PLAN FOR THE REDEVELOPMENT OF RAY ROSS PARK
Item 9 pulled and placed under General Business.
ITEM 10 - PULLED
ITEM 11 - ORDINANCE O-2006-27 - TO REZONE LAND LOCATED AT 98 SOUTH NEWLAND STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
ITEM 12 - ORDINANCE O-2006-28 - REPEALING AND REENACTING CHAPTER 5.46 OF THE LAKEWOOD MUNICIPAL CODE AS IT PERTAINS TO THE LICENSING OF AMUSEMENT ARCADES AND THE RECEIPTING OF AMUSEMENT DEVICES
ITEM 13 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Planning Commission
Meeting September 20, 2006
Commission On Cultural Diversity
And Human Relations Meeting August 2, 2006
Commission On Cultural Diversity
And Human Relations Meeting September 6, 2006
Public Comment:
Kate Benton - 725 S Gray St. Lakewood CO
Regarding Item 9, Ms. Benton stated she would just like to make sure there would
be a fence on the south border of Ray Ross Park. Stated the homeowners located
on the south end of the park are concerned about trespassing and increased crime.
Public Comment is closed.
Councilman Peterson made a motion to 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 Anderson - Stated he would like to pull Item 7 from the Consent Agenda for a vote, and also pull Item 9 for discussion.
Mayor Burkholder clarified that Councilman Anderson is asking for a separate vote on Item 7 and asked if he has a question on Item 9.
Mayor Burkholder pulled Items 7 and 9.
Vote on the Consent Agenda as corrected on Item 8 and with Items 7 and 9 pulled for general business: All Ayes. No Nays. The motion carried.
Mayor Burkholder asked City Clerk Margy Greer to explain the Second Reading Ordinances.
Margy Greer stated that the City Clerk's office failed to meet the publication requirements for the public hearings on Items 14, 15, 16 and 17. Stated she is requesting a special meeting for Monday, October 30 at 7pm to consider these ordinances.
Mayor Burkholder stated that the City tried to get the word out on these Items and will be asking for a special meeting under general business.
Councilman Peterson made a motion to hold a special meeting to be held on Monday, October 30th, 2006 at 7pm for the purpose of considering Ordinances O-2006-22, O-2006-24. O-2006-25, O-2006-26. Councilwoman Wise seconded the motion.
Vote on special meeting: 11 Ayes: 0 Nay. The motion carried.
Special meeting is called for October 30, 2006 at 7pm in City Council Chambers.
Second Reading of Ordinances and Public Hearings
ITEM 14 - 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
Councilman Peterson made a motion to continue the public hearing on O-2006-22 to a date certain of October 30, 2006 at 7pm. Councilwoman Wise seconded the motion.
Vote to continue hearing for O-2006-22: 11 Ayes. 0 Nay. The motion carried.
ITEM 15 - 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
Public Comment: None
Councilman Peterson made a motion to continue the public hearing on O-2006-24 to a date certain of October 30th, 2006 at 7pm. Councilwoman Wise seconded the motion.
Vote to continue hearing for O-2006-24: All Ayes. No Nays. The motion carried.
ITEM 16 - 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
Public Comment: None
Councilman Peterson made a motion to continue the public hearing on O-2006-25 to a date certain of October 30th, 2006 at 7pm. Councilwoman Wise seconded the motion.
Vote to continue hearing for O-2006-25: All Ayes. No Nays. The motion carried.
ITEM 17 - ORDINANCE O-2006-26 - INCLUDING A PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD WITHIN THE METRO WASTEWATER RECLAMATION DISTRICT SERVICE AREA
Public Comment: None
Councilman Peterson made a motion to continue the public hearing on O-2006-26 to a date certain of October 30th, 2006 at 7pm. Councilwoman Wise seconded the motion.
Vote to continue hearing for O-2006-26: All Ayes. No Nays. The motion carried.
ITEM 18 - GENERAL BUSINESS
ITEM 7 - RESOLUTION 2006-64 - ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS IN THE 2007 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM
Councilman Anderson - Stated he is willing to proceed to a vote unless Council Members have comments.
Councilman Elliott - Asked if the Section 108 loan is not obtained, what would happen to that loan money.
Linda Reynolds - CDBG Program Manager for the City of Lakewood
Stated that money would carry forward and be reallocated to eligible projects.
Mayor Burkholder stated the City has been an active participant in the CDBG program for many years and the agency does many good things with the CDBG program.
Vote on Resolution 2006-64: 10 Ayes. 1 Nay. (Anderson). The motion carried.
ITEM 9 - RESOLUTION 2006-66 - FOR THE ADOPTION OF A MASTER PLAN FOR THE REDEVELOPMENT OF RAY ROSS PARK
Councilman Anderson - Asked the last name of Kate who spoke about the fence at Ray Ross Park. Also asked Ross Williams to answer Kate's question.
Ross Williams - Park Planner City of Lakewood - Stated that they will be working with the subdivision and the individual property owners along the south side of the park to make sure there is adequate fencing along that side.
Councilman Anderson - Asked Mr. Williams what the total dollars on this park would be.
Ross Williams - Stated the total dollars estimate is 6.14 million dollars.
Councilman Anderson - Asked Mr. Williams if the increase in parking spaces was two spaces. Also asked if these spaces were the number one or two concern of the neighborhood.
Ross Williams - Stated two spaces is correct and it was the number one and two concerns.
Councilman Anderson - Stated he will be voting in favor of this resolution. Stated, however, it is a lot of dollars to change a park that needs "some" of the proposed work, but doesn't need "all" of the work. Stated he is concerned that the neighbors will still be bothered with the overflow parking when it is all said and done.
Councilman Peterson - Stated some of the neighbors were concerned with the noise from the skateboard park at Ray Ross Park. Asked Mr. Williams what will be done to mitigate those noise problems.
Ross Williams - Stated they have gone to a full concrete design which lessens the noise from the events at the skateboard facilities. Stated their number one priority is visibility of the skate park, and their number two priority is the noise.
Councilman Peterson - Asked how they will be sure this skate board park will be a secured area and doesn't generate additional crime.
Ross Williams - Stated that exposure and lighting are the two things they are considering. Stated they will enforce the park ordinances.
Councilman Peterson - Asked Mr. Williams how old Ray Ross Park is.
Ross Williams - Stated the original features were built in 1960 with the South Jefferson Metropolitan Recreation Park District.
Councilman Peterson - Asked how many upgrades and/or updates have occurred since 1960.
Ross Williams - Stated that he is aware of three upgrades and the last one was in 1984. At that time they relit the ball fields and repaved the parking lot.
Councilman Peterson - Asked Mr. Williams if he has received any negative comments regarding the reorientation of the parking.
Ross Williams - Stated there were not any negative comments. The concerns were making sure they would use a scheduling system to have adequate parking. Stated they would also like to see if there are some other non-structural alternatives to relieve the problem of overcrowding at certain time periods.
Councilman Peterson - Asked Mr. Williams if he is confident in using the scheduling methodology and will they be able to achieve improved parking ratios.
Ross Williams - Stated they believe they will be able to achieve improved parking ratios. Stated they believe the parking will be relieved somewhat by scheduling activities.
Councilman Peterson - Asked Mr. Williams what the total cost is of rescheduling to the City.
Ross Williams - Stated rescheduling is a minimal cost.
Councilwoman Allen - Stated that although six million dollars sounds like a lot of money, the features of Lakewood parks make a difference to neighbors. Stated you have to spend money in order to keep neighborhoods and community nice.
Councilwoman Stack - Stated that during football season, parking will be an issue and always has been an issue. Stated that if softball will be played on that field, it will be competing with football practice. Asked that they take a look at that and try to figure something out somewhere to help take more cars off of the streets.
Councilman Elliott - Asked what the net gain in parking is going to be.
Ross Williams - Stated there would be two spaces gained in the parking lot. Stated that is all they can get.
Councilman Elliott - Stated that Ray Ross Park is a dated park and that 6.14 million is a lot of money. Stated he is concerned that they will not be picking up a lot from adding two parking spaces. Stated he will be voting in favor, although he is reluctant.
City Manager Mike Rock - Stated they do have a breakdown of all the costs and the details of the Park Master Plan available. Stated that all the programming has been spoken for, there is no room to eliminate programming. Stated if they want more parking, the alternative is to look for housing that becomes available around the park, acquire it, tear it down and turn it into parking lots.
Councilwoman King - Stated that this park is in area shared by Dean Elementary School. Stated that this neighborhood deserves a nice park and nice amenities. Stated this park is extremely outdated and in very poor repair. Stated she is thrilled to be able to do something for the neighborhood.
Mayor Burkholder - Stated in the late nineties adequate recreation and open space was a priority and it continues to be a priority today, particularly along the eastern edge. Stated this is a matter of finding space that is available. Stated the design of the park was a partnership between staff and the neighborhood organizations. Stated that parks are an intrecal part of any community. Stated he fully supports this issue and is not tentative at all about voting yes.
Councilman Peterson - Stated that this is a very highly used facility in this community. Stated it is in incredible state of disrepair. Stated all the new and updated amenities will have a positive affect on property values in the community. Stated he will be supporting this issue.
Vote on Resolution 2006-66: 11 Ayes. 0 Nay. The motion carried.
Councilman Peterson made a motion to hold an Executive Session following the Lakewood Reinvestment Authority Meeting for the purpose of discussing negotiation strategies regarding economical development projects including Belmar and other development sites throughout the City of Lakewood per C.R.S 24-6-402(4)(e) in section 2.15(c)(2) of the Lakewood Home Rule Charter. The motion was seconded by Cheryl Wise.
Vote on Executive Session: 11 Ayes. 0 Nay. The motion carried.
ITEM 19 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Bob Zachman - 13182 W. Jewell Cir. Lakewood CO
Mr. Zachman extended an invitation to attend a Wine Tasting Benefit for the
Heritage, Culture and the Arts Alliance on Thursday, November 2nd. Stated the
Alliance is the new 501(c)(3) instigated to support the Heritage, Culture and
the Arts division with the City of Lakewood. Stated they have raised several
thousand dollars worth of funding in ten months. Also stated that they received
a $1000.00 grant from Applewood Questers to be part of the completion of the
restoration of the 1930's house.
Dorothy Wisecarver - 8655 Meadowlark Dr. Lakewood CO
Stated that Lakewood will receive it's attributable share of open space whether
ballot question 2A passes or not. Stated that many of the revenues and grants
the City receives are already excluded from TABOR revenue limitations. Stated
these include all federal grants. Asked Mayor Burkholder why his statement in
a 2A flier says "2A will not reduce any TABOR related refunds you may receive."
Stated this flier is a statement to deceive voters. Urged Lakewood voters to
vote "No on 2A."
Sherry Collins - 1307 S Jay, Lakewood CO
Stated that the pro/con statements did not get into the bluebook even though
they were filed in a timely manner. Stated the City of Lakewood is hiding something.
Asked voters to vote "No on 2A."
John Fox - 1133 S Eaton St. Lakewood CO
Stated he is speaking on behalf of Lakewood Citizens for Open Space. Stated
their group is urging citizens to vote "Yes on 2A." Stated that 2A
is not a total TABOR exemption. Stated this is not a tax increase. Stated 2A
has nothing to do with the tax increase voters passed last year. State that
if 2A is passed the City is able to keep the grant money that benefits the City.
Thomas Young - 2153 S Hoyt Ct. Lakewood CO
Stated he is a board member of the Lakewood HCA Alliance. Thanked City Council
for referring measure 2A to the voters. Stated the HCA Alliance is an independent
tax exempt organization. Stated they are happy the voters can now allow the
gifts and donations that they raise through the Alliance to be kept by the division
to augment the budgeted funds by the City.
Ralph Bashor - 391 Harlan, Lakewood CO
Stated that Lakewood has no soul. It was sold for taxes. Stated Lakewood is
selling 2A on a false and incomplete premise.
Johan Cohn - 1208 S Brentwood St. Lakewood CO
Stated he is President for the Lakewood Citizens for Open Space. Stated that
there are no unintended consequences of TABOR. Stated TABOR was created to disable
government. Urged City Council to look at doing something permanent about TABOR
and also urge the passage of 2A.
Gary Burton - Ward 4
Stated he will be glad when this election is all done. Stated he cannot tell
who is telling the truth.
Newt Vaughn - 8663 W Hawaii Dr. Lakewood CO
Stated the economy is in an economic upswing. Stated he does not see a need
to vote in favor of 2A, which eliminates the TABOR exemption forever. Stated
something must happen to give power to the public to tell City Council or the
Government that they cannot spend beyond the rate of inflation. Stated the word
"grant" is just another word for tax dollars.
Lorna Fox - 1133 S. Eaton St. Lakewood CO
Stated she is grateful for Lakewood's commitment to Parks and Open Space. Stated
that open space dollars could improve parks in every ward in Lakewood. Stated
she would like the public to vote "Yes on 2a."
Brian Wareing - Unincorporated Jefferson County
Stated the public is finding freedom in giving money to cities, counties and
states rather than in freedom to the individual. Stated that by not letting
Dorothy Wisecarver submit her pro/con statement, the City is not providing the
public with the information necessary to form a conclusion.
Roger McCarville - Arvada
Stated the City Clerk probably knew it was an important day when Dorothy Wisecarver
came in to submit her statement. Stated the City Clerk should be docked one
days pay from her paycheck for not performing her duties.
Public Comment is closed.
Mayor Burkholder stated that "we" is "us" in regards to the comment made about "we gave you a tax increase." Stated that last year a choice was given to the voters in Lakewood. Stated they are now saying the City can provide a 3% sales tax which would continue to be one of the lowest in the Denver Metro area. Stated he thinks it is interesting that the people who come to City Council meetings to "throw stones," then walk out afterwards and don't sit back and listen. Stated that at a 3% sales tax, the City gave a commitment to the voter's.
ITEM 20 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
Mayor Burkholder informed City Council and the public that former City Councilor, Hugh Campbell, and SCAC member, Royce Horning, have both passed away. Stated they will be truly missed.
Councilman Peterson asked for a consensus and election of officers at the Study Session on October 30th at 5:30 p.m.
ITEM 21 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:33 p.m.
Submitted by,
Margy Greer, City Clerk
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