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MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. December 11, 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
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 City Clerk:
ITEM 4 - RESOLUTION 2006-74 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT DEFINING THE LOCAL MATCH FOR THE WEST CORRIDOR LIGHT RAIL TRANSIT PROJECT
ITEM 5 - RESOLUTION 2006-75 - ADOPTING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND APPOINTED OFFICIALS
ITEM 6 - RESOLUTION 2006-76 - APPOINTING BOB LAWRENCE TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
ITEM 7 - ORDINANCE O-2006-38 - AUTHORIZING A CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND A PROMISSORY NOTE IN CONNECTION THEREWITH, TOGETHER WITH ALL OTHER ACTIONS CONTEMPLATED OR REQUIRED BY SUCH AGREEMENTS; FURTHER APPROPRIATING $3,742,000.00 FOR THE PROJECTS FUNDED BY THE LOAN GUARANTEE ASSISTANCE PROGRAM UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
ITEM 8 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting, October 30, 2006
Special City Council Meeting, November 13, 2006
ITEM 9 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Housing Authority Meeting, October 2, 2006
Liquor and Fermented Malt Beverage Licensing Authority Meeting, September 28,
2006
Liquor and Fermented Malt Beverage Licensing Authority Meeting, October 12,
2006
Public Comment: None.
Councilwoman Wise 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 Councilman Murphy.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 10 - ORDINANCE O-2006-33 - AMENDING SUBSECTION 6.04.010(B) AND SECTION 6.08.020 AND ADDING SECTIONS 6.04.015, 6.04.016, AND 6.04.017 TO TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS
Mayor Burkholder asked Chief Kevin Paletta to give an overview of Ordinance O-2006-33.
Chief Kevin Paletta - Lakewood Police Department - Stated this ordinance would require dog licensing for citizens of Lakewood. This is a way to enhance pet ownership and pet safety. Stated a dog-licensing proposal would provide consistency and uniformity for licensing throughout the County. It would provide a 24 hour, 7 day a week County wide database to track all dogs throughout the County. Stated it would assist in reuniting lost pets with their owners, it would encourage compliance with Rabies vaccination and it would provide a fund for emergency treatment of injured animals. Stated it would also provide funding for the Table Mountain Animal Shelter's (TMAC) capital needs. The licensing program would be managed and administered by the County; City of Lakewood residents would be required to license their dogs through the County. The license application can be retrieved from the County website, the City website, numerous veterinarians in the City of Lakewood and the City of Lakewood Animal Control unit. Stated that owners would have to submit those licenses with proof of Rabies vaccination and proof of spaying or neutering in order to obtain their license. The County would send annual reminder notices to pet owners.
Public Comment:
Lisa Weldy - 6750 W Ohio Ave. Lakewood CO
Stated that a higher fee should not be implemented if an animal has not been
spayed or neutered.
Tony Mendes - 1142 S Owens Lakewood CO
Stated that if a pet owner chooses to breed their animal and then sell the pet
for income, it is a given that they are responsible pet owners. Asked if all
the other political sub-jurisdictions of Jefferson County are promulgating an
identical regulation.
George Risley - 10469 W Exposition Dr. Lakewood CO
Stated he objects to the 365-day requirement for Rabies licensing. Most veterinarians
recommend a three-year Rabies vaccination and if the City is requiring a vaccination
every 365 days, the pet owner has to spend more money to get another vaccination.
Sonja Tweeten - Ward 4
Stated she is concerned about dog licensing becoming public information. Stated
she does not want her private information available. Asked City Council to initiate
a privacy feature for those who want to obey the law without subjecting families
to public scrutiny.
Natalie Menten - Ward 4 - Stated she disagrees with the tax that is being imposed
on dog owners. Asked that the wording be changed to reflect that Rabies vaccinations
are not needed every 365 days.
Public Comment is closed.
Councilwoman Wise made a motion to adopt Ordinance O-2006-33 on second and final
reading. Councilman Murphy seconded the motion.
Mayor Burkholder asked Chief Paletta to discuss the difference in fees for altered and unaltered dogs.
Chief Kevin Paletta - Stated that currently the rate for altered dogs is $7.00 and $25.00 for an unaltered dog. The fee is different to help encourage spaying and neutering of dogs. Stated the cost does not prevent an owner from having a dog that is not spayed or neutered.
Mayor Burkholder asked Chief Paletta what the policy is in other cities that license animals.
Chief Kevin Paletta - Stated every city that has licensing has a different fee schedule between altered and unaltered animals.
Mayor Burkholder asked Chief Paletta to discuss the unfair taxing for TMAC.
Chief Kevin Paletta - Stated Jefferson County already has a licensing program in place for County residents. Golden has already enacted this ordinance, Wheat Ridge has approval to put this ordinance before their Council and Arvada and Westminster are both prepared to present a similar ordinance to their Councils.
City Manager Mike Rock - Stated all the municipalities in the County are members of the TMAC board and the City of Lakewood uses general taxpayer dollars to support that. In addition they use general fund dollars to pay for Animal Control and their equipment. Stated the City at large has an interest in animal safety and keeping citizens safe from dangerous dogs. This additional cost reflects the fact that pet owners do get the additional benefit of having a tracking system that will allow them to get their dogs back when they are lost or found.
Mayor Burkholder asked Chief Paletta to discuss the 365-day Rabies vaccination.
Chief Kevin Paletta - Stated that many of the Rabies vaccinations are good for three years. The license is an annual renewal and pet owners would not have to bring a proof of Rabies vaccination with the annual renewal, any changes of information would need to be updated. Stated the pet must be registered every year but a proof of Rabies vaccination is not required every year.
Mayor Burkholder asked Chief Paletta to discuss private information becoming public.
Chief Kevin Paletta - Stated this database is intended for use by Animal Control Officers. Stated the information would not be sold to marketing individuals.
Councilman Anderson - Asked Chief Paletta, regarding the privacy aspects, is this going to be a public document? Stated that Commerce City published a list of animal owners in the paper.
Mike Rock - Stated that Commerce City had Animal Licensing for a long period of time and they placed a ban on pit bulls and they made pit bull owners register. There was a separate list that was already a public document and that was the list that was published, not the licensing list.
Councilman Anderson - Asked if this is going to be a public document.
Chief Kevin Paletta - Referred Councilman Anderson's question to Janet Young, City of Lakewood Deputy City Attorney.
Janet Young - City of Lakewood Deputy City Attorney - Stated this is a criminal justice record. The City of Lakewood will work with Jefferson County on that matter as they would be the custodian of this information because they would be running the database. Criminal justice records do have additional protections than public records. Stated that under the Criminal Justice Records Act, one has to sign an affidavit that one would not use the information for direct solicitation. If public information were disclosed, it could not be used to solicit people or make a financial gain.
Councilman Anderson - Asked if a person could access the list as long as they sign a statement that they are not going to use it for personal gain.
Janet Young - Stated that as a Criminal Justice record there would be additional protections for this type of information. The City of Lakewood would need to work with the Jefferson County Sheriff's Department to see how they would reply to such a request. Stated that to her knowledge, no request has ever been made in over a decade.
Councilman Anderson - Asked if it is possible to remove phone numbers from public view.
Janet Young - Stated that is something they could work with Jefferson County Sheriff's Department on. This list does not include Social Security numbers or dates of birth; the information is really geared more to the dog and how to return the dog to the owner if lost.
Councilman Anderson - Asked Chief Paletta if the dog already has his three year Rabies vaccine, is proof that the vaccination happened two years ago accepted.
Chief Kevin Paletta - Stated that would be enough proof.
Councilman Anderson - Stated he would be voting in opposition to this ordinance.
Stated he thinks it is bad policy and doesn't see any additional benefit to
creating a local database. Stated this is a nuisance tax.
Vote on O-2006-33: 8 Ayes. 2 Nays. (Anderson, Stack) The motion carried.
ITEM 11 - ORDINANCE O-2006-34 - DISSOLVING THE WESTLAND CENTER SPECIAL IMPROVEMENT DISTRICT 20
Public Comment: None.
Councilwoman Wise made a motion to adopt Ordinance O-2006-34 on second and final reading. Councilman Murphy seconded the motion.
Vote on O-2006-34: All Ayes. No Nays. The motion carried.
ITEM 12 - ORDINANCE O-2006-35 - VACATING A PORTION OF WEST 10th PLACE, LEE STREET AND MILLER STREET RIGHTS-OF-WAY LOCATED IN THE NORTHEAST 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.
Councilwoman Wise made a motion to adopt Ordinance O-2006-35 on second and final reading. Councilman Murphy seconded the motion.
Vote on O-2006-35: All Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2006-36 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING SECTION 17-2-2 RELATING TO DEFINITIONS AND SECTIONS 17-18-2, 17-18-3, 17-18-4 AND 17-18-8 AND ADDING A NEW SECTION 17-18-9 ALL RELATING TO APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN
Public Comment: None.
Councilwoman Wise made a motion to adopt Ordinance O-2006-36 on second and final reading. Councilman Murphy seconded the motion.
Vote on O-2006-36: All Ayes. No Nays. The motion carried.
ITEM 14 - GENERAL BUSINESS
Mayor Burkholder spoke about the number of calls he has received recently regarding Rooney Valley. There are two issues at hand, one; should there be a buffer between existing homes and any new development in Rooney Valley and two; should there be a logical open space and wildlife corridor that connects the Green Mountain open space and the Bear Creek Lake Park open space to the south.
Stated that citizens are going to hear a lot about zoning, land exchanges, roadways, plans and appraisals, etc. Asked citizens to respect the Rooney Valley Master Plan.
ITEM 15 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Mike Reseigh - 9212 W Arbor Ave. Littleton CO
Stated he has a sign company in Lakewood. Stated there is a sign code for the
City of Lakewood, an overlay district and a mini private urban development.
Stated that because the City has hired an architect to design the sign code,
he and many others will be out of business.
Doran Volzke - 1512 Youngfield St. Lakewood CO
Stated he went to Iron Springs Park and also the area that could be traded in
the election. Stated the area is a ditch and only a ditch and is ridiculous.
Newt Vaughan - 8663 W Hawaii Dr. Lakewood CO
Stated this issue should have come up as a ballot initiative in the November
election. Stated this is barely legal and the people should have been able to
make an honest decision, not an uninformed one.
Robert Sander - 10440 W Dartmouth Lakewood CO
Stated he appreciates the Lakewood City Council, though he disagrees with them
on Referendum 1. He is asking Lakewood senior citizens and voters to vote against
Referendum 1.
George Meyer - 1220 Balsam St. Lakewood CO
Stated there is a brochure out which talks about a wildlife underpass. This
information is a lie. Stated the underpass that Lakewood is referring to is
actually a bike path.
Joel Leventhal - 1338 S Upham St. Lakewood CO
Stated that the Master Plan map and the O-2006-15 map have enough differences
to make it difficult to tell exactly what land is being exchanged. Stated there
should have been more accurate information so they can decide how to vote.
Michael O'Bierne - PO Box 260313 Lakewood CO
Stated that wildlife corridors are important. He objects to the cut and paste
mentality where the ends justify the means. Urged the citizens of Lakewood to
vote against this land swap.
Don Ferega - 13647 W Montana Pl. Lakewood CO
Lakewood voters understand that 22 out 162 acres are only 14% of Forsberg Iron
Spring Park and not the whole park. Stated voters understand that 140 acres
of Forsberg Iron Spring Park has beautiful views and will have those same views
if the land exchange is passed. Urged Lakewood voters to vote in favor of Referendum
1.
Glen Glass - 8425 W Belmar Lakewood CO
Stated open space land cannot be sold through a foreign developer. Stated he
is opposed to Referendum 1 and urged voters to vote no. Stated wildlife would
not use an underpass.
Ralph Beck - 2459 S Holman cir. Lakewood CO
Stated he was concerned about the land given to the City of Lakewood. Read a
portion of the ordinance document related to the gift. Stated he is in favor
of Referendum 1.
Ken Lloyd - 143 S Balsam St. Lakewood CO
Stated he is in favor of Referendum 1. Urged Lakewood voters to vote in favor
of Referendum 1.
Darrell Kraus - 14224 W Evans Cir. Lakewood CO
Stated that in speaking with Lakewood citizens he has found that mostly they
have not heard of the election or they are not fully informed of what is being
voted on. Stated that voting for Referendum 1 is in the best interest of the
citizens of Lakewood.
Rita Bertolli - 13484 W Oregon Pl. Lakewood CO
Stated she is the committee chair for a group called "Don't Switch for
the Ditch." She and the group are asking fellow neighbors to vote against
the measure on the ballot. The parkland being exchanged is not of equal value
to the gulch the developer owns.
Jennie Kraus - 14224 W Evans Cir. Lakewood CO
Stated this is a wildlife corridor. The City of Lakewood is the one approaching
CARMA for the land exchange, not the other way around. Supports Referendum 1.
Chuck Thorman - 12464 W. 2nd Dr. Lakewood CO
Stated he is in favor of Referendum 1.
Lisa Scott - 14222 W. Evans Cir. Lakewood CO
Urged Lakewood voters to vote for Referendum 1. Stated a unanimous vote by Council
twice is very significant.
Dave Weichman - Ward 4
Stated that in the public's point of view the land that is being contributed
to the exchange is less valuable than the land being received from the developer.
Stated he supports Referendum 1.
Hal Sargent - Green Mountain
Stated there have been claims that this is a one sided deal but there is no
evidence to support that. The City of Lakewood approached the builder because
it is in the best interest of Lakewood. Stated he supports Referendum 1.
Brian Poyer - 1522 S Owens St. Lakewood CO
Stated the principle is that the parkland up for grabs was willed deliberately
to the City for public and municipal use. He has not found one single person
in favor of this issue. Stated he is against Referendum 1 and urged everyone
else to vote no.
Natalie Menten - Ward 4
Asked that the Special Election link on Lakewood.org to reflect what the election
laws really are and to be non-biased.
Public Comment was closed.
Mayor Burkholder encouraged citizens to vote on January 2, 2007.
Councilwoman Allen - Stated that City Council does a lot of research regarding the important decisions in front of them. She stands by her original decision.
Councilman Anderson - Asked that staff reply to Mike Reseigh regarding the
overlay district. Reminded those citizens for and against the land exchange
that they both have a strong personal appreciation for parkland.
Councilwoman Wise - Stated that two former City Council members accused the
current City Council of choosing to disregard neighborhood plans. She did some
research on previous rezoning issues in Lakewood and stated that Council always
takes neighborhood plans into account.
Councilman Murphy - Stated that when Planning Commissions and City Councils look at proposed land use decisions, they use plans and policies to guide them. The operative document is the Rooney Valley Master Plan and this plan represents the community vision of neighbors, landowners, business people and elected officials from Morrison, Lakewood and Jefferson County. Read from the Rooney Valley Master Plan regarding how to implement the plan. The document stated, on page 28, that "a portion of Forsberg Park be used for potential trades to create open areas with the interior of the Rooney Valley." Stated he will be voting yes on Referendum 1 and urge voters to do the same.
Councilman Stevens - Stated City Council makes a lot of land use decisions in which they look at the proposed uses for that property. In this case, there is a master plan to assist them in their decision. Stated this is clearly a better project for the citizens. Urged all Lakewood voters to vote for the land exchange.
Councilman Peterson - Stated he would be supporting the election. Stated many
people spent a lot of time on how this property would evolve and be developed
in the community. There is a good feeling about sitting on Council and feeling
uncomfortable. Stated Council should always be judged and called to task for
the decisions they make.
Urged Lakewood voters to do the research before voting.
ITEM 16 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
City Clerk Margy Greer reminded voters that the January 2, 2007 election is a mail ballot election. Ballots can be dropped off at the City Clerk's office, Monday through Friday 8am - 5pm and 7am to 7pm on January 2nd. City Hall is closed on December 26, 2006, and January 1, 2007; however the City Clerk's office will be open to accept ballots.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:03 p.m.
Submitted by,
Margy Greer, City Clerk
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