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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
Absent: Mike Stevens
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 2007-4 - FOR THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING CONTRACT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES RELATED TO THE REDEVELOPMENT OF RAY ROSS PARK
ITEM 5 - RESOLUTION 2007-5 - ESTABLISHING FEES FOR VESTING OF PROPERTY RIGHTS APPLICATIONS
ITEM 6 - ORDINANCE O-2007-2 - AUTHORIZING THE EXECUTION OF QUITCLAIM DEEDS IN LIEU OF VACATION OF THE EXISTING RIGHT-OF-WAY FOR A PORTION OF SOUTH FIELD STREET; FURTHER DECLARING AN EMERGENCY
ITEM 7 - ORDINANCE O-2007-3 - AUTHORIZING OF AN EASEMENT FOR SANITARY SEWER FACILITIES FOR UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES ACROSS A PORTION OF BEECH PARK TO GREEN MOUNTAIN WATER AND SANITATION DISTRICT, LAKEWOOD, COLORADO
ITEM 8 - ORDINANCE O-2007-4 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY ADDING ARTICLE 22 CREATING THE TRANSIT MIXED USE (TMU) ZONE DISTRICT
ITEM 9 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Liquor & Fermented Malt
Beverage Licensing Authority Meeting September 14, 2006
Public Comment: Closed
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.
Councilwoman Stack - Stated that due to Item 10 involving the area she represents and lives in, she has decided to recuse herself and she exited the City Council Chambers.
Second Reading of Ordinances and Public Hearings
ITEM 10 - ORDINANCE O-2007-1 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD
TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF
THE WEST CORRIDOR LIGHT RAIL PROJECT BETWEEN INDIANA STREET AND SHERIDAN BOULEVARD,
AUTHORIZING THE CITY TO PARTICIPATE AS CO-PETITIONER WITH THE REGIONAL TRANSPORTATION
DISTRICT (RTD) IN NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE
INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS FOR IMPROVEMENTS TO
BE OWNED AND MAINTAINED BY THE CITY OF LAKEWOOD
City Manager Mike Rock - Clarified that when a councilor recuses them self,
they actually leave the hearing room. Stated she will be back for the remainder
of the agenda.
Mayor Burkholder - Stated it does not happen often that a councilor recuses them self.
Mike Connor - Property and Purchasing Services Manager -City of Lakewood
The ordinance before Council is a proposal for the City to act as co-petitioner
with RTD in terms of acquiring properties for facilities that the City will
ultimately own. It does not involve the acquisition of entire properties, business
or residential. Stated the first step in the acquisition process allows the
City to go forward and acquire appraisals and make offers. Should the City not
be able to negotiate a successful agreement, they would come back to Council
prior to filing any court action.
Public Comment:
David Rothenburger - 1310 Garrison St. Lakewood CO
Stated he is concerned that RTD has not released a list of what properties they
want to acquire. Asked what properties will be taken by Lakewood through this
whole process.
Paul Ditson - 1305 Garrison St. Lakewood CO
Stated he lives within 200 feet of the proposed line. He is president of the
Eiber Neighborhood Association. Stated as far as the association goes, they
have not taken any position on this issue. Without knowing what to expect from
RTD at this point, they are in favor of the approach the City of Lakewood is
taking. Requested the City of Lakewood keep the neighborhood apprised of developments
in the area.
Public Comment is closed.
Councilwoman Wise made a motion to adopt Ordinance O-2007-1 on second and final reading. Councilman Murphy seconded the motion.
Councilman Murphy - Clarified with Mike Connor that the property acquisition is beyond the limited scope that is being heard now. The ordinance does not involve any residences, businesses or whole pieces of property. It involves very limited sections of City's rights-of-way. Stated they are going in as a co-petitioner with RTD because it is land that comes back to the City. Stated any purchases that are necessary are made by RTD.
Mike Connor - Stated RTD will be paying the bill for the overall acquisition program the City is participating in.
Councilman Murphy - Asked if there is any legal mechanism for RTD to convey
those parcels back to the City without the City being co-petitioners.
Mike Connor - Yes.
Mayor Burkholder - Asked if there are plans to keep the neighbors in these areas informed of what is happening. Asked if there is a list of actual properties.
Mike Connor - Stated they do not have a final list of actual properties. In the last few weeks, a series of outside experts came in and took a look at the plans for the West Corridor. They made 61 recommendations to save money. RTD has looked at those recommendations and they have accepted some and rejected others.
Councilman Elliott - Asked how the process would work and what the people can expect if portions or all of their land is needed to be used for the corridor.
Mike Connor - As the plans become finalized, they will establish legal descriptions for the specific areas that need to be acquired. They would then notify the owner that their property needs to be acquired. The City of Lakewood or RTD would send out an appraiser to look at the property. Once the appraisal would come back, the offer would be made to the owner for the value of that property.
Councilman Elliott - Asked if it would ever come back before City Council.
Mike Connor - Stated it would come back before Council if they are not able to negotiate a settlement that is agreeable to both sides. If that were the case, they would come back for a resolution on the specific property and ask for Council's authorization.
Councilman Anderson - Reiterated that when property is being taken, it is a serious consideration. Asked if there are any preliminary lists of properties.
Mike Connor - Stated he has not seen a list with that information. Some areas along 13th Avenue will need some additional right-of-way to have a fully functioning 13th Avenue adjacent to it. Stated those properties are usually located along 13th Avenue between Quail and Harlan, some will be impacted and some will not.
Councilman Anderson - Asked Mr. Connor if he is familiar with any issues regarding the bike path that goes through that area.
Mike Connor - Stated he is not familiar with one but will look into it.
Councilman Anderson - Asked that everyone be kept in the loop at all times.
Councilman Murphy - Stated that one of the 61 suggestions that the VE Team came up with was to change the materials from concrete to asphalt. Stated the route is not finalized.
Councilwoman Allen - Clarified that this ordinance is not affecting any structures, but it is affecting private and public property.
Mike Connor - Stated that is correct.
Councilwoman Allen - Asked how property owners will be notified when final plans are made.
Mike Connor - Stated they would be sent a letter stating a portion of their property is needed for the construction of the light rail project. They would also be notified at that time that they would be contacted by an appraiser.
Vote on the Consent Agenda: 9 Ayes. No Nays. 1 Recuse (Stack). The motion carried.
ITEM 11 - GENERAL BUSINESS
City Clerk Margy Greer - stated the City Clerk's office received an initiative petition on January 2, 2007 to rezone property in Rooney Valley. Stated Susan Miller, Director of Elections for Jefferson County Clerk and Recorder's Office offered to check the petitions. The ordinance states there will be a 20-day preliminary report stating the sufficiency of those petitions. The petitioners are required to have 4,479 qualified signatures. The preliminary report states that the petition is not sufficient, as they only have 3,439 qualified signatures. The final report will be given in a memo form on February 1, 2007.
ITEM 12 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Fred Clifford - 11405 W 17th Pl. Lakewood CO
Stated he agreed with a previous statement Councilman Anderson made about voting
every year on land swap issues. Suggested the City Charter should be amended
to ensure that voter approval be required for future land swaps. Urged those
who agree with him to speak with their elected officials.
Shannon Maes - 2159 S Xenophon St. Lakewood CO
Stated she is a high school student at the Jefferson County Open School. Sent
letter to Council asking for their support of Prairie Dog Day. Thanked Council
for considering their request to proclaim February 2nd as Prairie Dog Day and
are following up on Council's consideration.
Emily Leak - 225 Berthoud Way Golden CO
Stated she is also a high school student at the Jefferson County Open School.
Thanked Council for their support in the summer of 2003 for the City's help
in relocating a prairie dog. She learned a lot from the experience and saw this
as an example of what happens when public officials and community members work
together.
Lauren McCain - 1452 Hudson St. Denver CO
Stated she works for 4th Store Guardians. Speaking on behalf of the Jefferson
County Open School's request to proclaim February 2nd Prairie Dog Day. They
have sent a formal request letter and a draft proclamation to Council.
Paul Ditson - 1305 Garrison Lakewood CO
Stated he agrees with Mr. Clifford and encourages City Council to consider revising
the Charter to remove the ambiguity regarding the sale of parkland.
Dorothy Wisecarver - 8655 Meadowlark Dr. Lakewood CO
Stated that over 14,000 citizens voted to save Iron Springs Park. She is upset
by a sign at the entrance of the park stating it would be closed for a year.
She was told by Community Resources that CARMA would develop the park since
it is at the entrance of their development and that the City did not have money
to develop the park. Stated this is a park for CARMA even though over 14,000
voted no.
Michael O'Bierne - PO Box 260313 Lakewood CO
Stated there is no point in proposing that the City pursue request for proposals
to develop an equestrian center at Bear Creek Lake Park. To try to create a
relationship between Bear Creek and Green Mountain through those corridors is
a moot point.
Stated he has spoken to the developers of St. Anthony's Hospital and there is
no relationship between that hospitals energy infrastructure and the greater
redevelopment of the Federal Center. A district power plant would be appropriate,
and that is within Council's power.
Brian Waring - Unincorporated Jefferson County
Read a poem regarding other people's money. Stated Mayor Burkholder and City
Manager Mike Rock should resign from their positions.
Public Comment is closed.
ITEM 13 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
Councilman Anderson inquired about the surprise of the closure of Iron Spring Park. He should have been made aware of the closure. Stated he spoke with the Director of Community Resources, Kathy Hodgson, regarding this issue. Stated she should have been present for this meeting to discuss the closure of the park.
City Manager Mike Rock - In reference to Councilman Anderson's remarks, Mr. Rock stated that although Kathy Hodgson spent time with Mr. Anderson discussing the closure of the park, department heads do not attend meetings at the direction of City Council members, they attend at the direction of himself or the direction of Council as a whole. Stated the election regarding Iron Springs Park was a very specific election. No land trade is occurring and no residential units are being built. In absence of that trade the park is being developed according to the park master plan and is specifically being developed as a passive park. Stated the City routinely closes park during construction, though here they are making an exception and leaving open the temporary off leash dog area. Normally a closure sign would just say "Park Closed" and this sign is more detailed than normal.
Mayor Burkholder stated "Reports" is not the time to bring up these issues. Questioned the policies of City Council.
Councilman Anderson asked Mayor Burkholder if he was no longer going to hear his comments.
Mayor Burkholder stated Councilman Anderson could have the last word and stated it is important to do the homework necessary before accusations are made.
Councilman Anderson stated he is concerned that he was not given adequate information regarding the closure of the park.
Mike Rock - Suggested that Council have some discussion in the future if they intend on being in charge of City Operations so he can inform them of everything being done in the City.
Mayor Burkholder - Stated the opportunity for a course on protocols was presented for newly elected City Councilors within the month after they were elected. That presentation was cancelled because none of the new councilors thought it was appropriate to attend.
Councilwoman Wise - Regarding Councilman Anderson's comments, Ms. Wise stated these types of things are supposed to be routed through her as Council President and she was not notified of this issue. Stated she was offended that this was being brought up in front of the other Councilors and the viewing public rather than speaking with her. A notification regarding Iron Spring Park was created by Kathy Hodgson and is to be mailed out to surrounding neighbors.
Councilman Murphy asked that Council receive any plans for Iron Spring Park
so they can speak more intelligently about the situation.
ITEM 14 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:07 p.m.
Submitted by,
Margy Greer, City Clerk
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