|
|
|
 |
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, Deputy 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.
ITEM 4 - PROCLAMATION - RECOGNIZING THE MONTH OF APRIL AS NATIONAL AUTISM AWARENESS MONTH
Councilman Peterson read a proclamation recognizing the month of April as National Autism Awareness Month.
ITEM 5 - PROCLAMATION - PROCLAIMING APRIL 24, 2007 "GERI CHESTOR DAY"
Councilman Peterson read a proclamation recognizing April 24, 2007 as "Geri Chestor Day."
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 6 - RESOLUTION 2007-21 - APPROVING THE ADDITION OF A PRIORITY DESIGNATION OF PARK AND OPEN SPACE ACQUISITION FOR 2007
ITEM 7 - RESOLUTION 2007-22 - ESTABLISHING CERTAIN WATER FEES FOR THE CITY OF LAKEWOOD
ITEM 8 - RESOLUTION 2007-23 - AUTHORIZING THE CITY OF LAKEWOOD TO APPOINT PAUL KENNEBECK INTERIM CITY ATTORNEY EFFECTIVE MAY 4, 2007, PER ARTICLE IV, CHAPTER 4.6 OF THE CITY OF LAKEWOOD CHARTER
ITEM 9 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Commission on Cultural Diversity and Human Relations Meeting, March 7, 2007
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-2007-9 - VACATING A PORTION OF SOUTH INDIANA STREET AND WEST EVANS AVENUE RIGHTS-OF-WAY LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 70 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-2007-9 on second and final reading. Councilman Murphy seconded the motion.
Vote on O-2007-9. All Ayes. No Nays. The motion carried.
ITEM 11 - ORDINANCE O-2007-12 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
Public Comment: None
Councilwoman Wise made a motion to adopt Ordinance O-2007-12 on second and final reading. Councilman Murphy seconded the motion.
Councilman Anderson - Stated he would be voting "No" on this item.
Vote on O-2007-12. 9 Ayes. 2 Nays (Anderson, Elliott). The motion carried.
ITEM 12 - ORDINANCE O-2007-14 - AMENDING SUBSECTIONS 4.24.020 (A) AND (B) OF THE LAKEWOOD MUNICIPAL CODE AS IT RELATES TO COMPENSATION TO ELECTED OFFICIALS
Public Comment:
Dorothy Wisecarver - 8655 Meadowlark Dr., Lakewood CO
Stated the City of Lakewood is not a full service City. She is disappointed
with the City of Lakewood and does not believe elected officials should be given
a raise.
Bob Fisher - 880 Benton St., Lakewood CO
Thanked the Mayor and City Council for their hard work and many accomplishments
over the years. He is very much in favor of a pay increase for the Mayor and
City Council.
Joe Sanchez - Ward 4
Stated it is unethical for Councilman Murphy to participate in the Mayor increase
vote. Mike Rock's job performance has been extremely poor and it is outrageous
that he makes nearly a quarter of a million dollars annually.
Councilwoman Wise made a motion to adopt Ordinance O-2007-14 on second and final reading. Councilman Murphy seconded the motion.
Mayor Burkholder - Stated that Mike Rock has worked for numerous City Councils and each time he has been reviewed on an annual basis, he has received the highest marks.
Councilman Stevens - Stated he would be supporting the ordinance. He was originally opposed to the increase but after researching the issue more closely, he wanted to make sure that the City does not lose good people because they can't afford to take the time to serve.
Councilwoman Stack - Stated people shouldn't be running for City Council because of the wage. She stated she would be voting no on the ordinance.
Councilman Elliott - Expressed his opposition towards the ordinance. Stated that money is not a factor.
Councilman Anderson - Stated he would be voting no on this ordinance. This pay increase will come back to haunt future Council members.
Councilwoman Allen - Stated Council agreed and she was comfortable with the pay increase as well as their decision to defer the raise until everyone had gone through re-election or term limited out.
Councilman Peterson - Stated he would be supporting this ordinance. The pay increase was done deliberately and not based on unfounded assumptions.
Vote on O-2007-14. Vote 8 Ayes. 3 Nays (Anderson, Elliott, Stack). The motion carried.
ITEM 13 - ORDINANCE O-2007-15 - TO REZONE LAND LOCATED AT 1120 SOUTH DEPEW STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment:
Betty Almeda -Applicant - The property located at 1120 South Depew is presently zoned as office space, the properties to the South are zoned residential as well as the properties across the street. They are looking to make this property a residence for her son to occupy.
Kara Mueller - Associate Planner City of Lakewood - Asked City Council to accept any testimony, all documents and reports related, and anything entered into the record as well as Planning Commission findings.
Public Comment was closed.
Councilwoman Wise made a motion to adopt Ordinance O-2007-15 on second and final reading. Councilman Murphy seconded the motion.
Councilwoman Stack - Asked if someone from the Planning Department was available to give her more information than was available at the Planning Commission Hearing regarding the environmental issues with the gas station to the north of the property.
Kara Mueller - Stated she spoke with Brian Nielsen, Environmental Services Manager with the City of Lakewood. He stated that there are no indicators or cases for the property that is located north of the property at the southeast intersection of Depew and Mississippi. There has not been any kind of a state remediation shed.
Councilwoman Stack - Asked if the property has been cleared.
Kara Mueller - Stated that at this time there are no known environmental issues.
Vote on O-2007-15. Vote All Ayes. No Nays. The motion carried.
ITEM 14- GENERAL BUSINESS
City Clerk Margy Greer: Stated two motions were needed. One to form a Special Committee and one to hold an Executive Session.
Councilwoman Wise - City Council hires two positions, the City Manager and the City Attorney. Due to City Attorney, Roger Noonan retiring, the selection process to hire a new City Attorney must start immediately. The Mayor would like to appoint a City Attorney Selection Committee.
Councilwoman Wise made a motion to appoint Steve Burkholder, Sue King, Bob
Murphy, Mike Stevens and Ray Elliott as a Special Committee to work with City
Council to establish a process to select a City Attorney. As a first step, the
committee will meet with City Council tonight, immediately after this meeting,
to discuss expectations and processes. The final City Attorney selection will
be made by the entire City Council.
It was seconded by Bob Murphy.
Mayor Burkholder - Stated this is not a selection committee, rather a screening committee that will look at processes and candidates.
Councilwoman Stack - Asked if they would be able to sit in on the selection or the screening.
Mayor Burkholder - Stated they would be discussing that this evening.
Councilwoman Wise - Stated that all meetings are open meetings. All of Council would be encouraged to attend.
Mayor Burkholder - Stressed that when personnel issues are being dealt with, it will be done during Executive Session.
Councilman Anderson - Asked if the committee would be meeting mostly in Executive Session.
Mayor Burkholder - Stated he could not answer that at this time.
Councilman Anderson - Stated it is a big piece of the discussion and wondered if the cart wasn't being put before the horse.
Mayor Burkholder - This was not without precedent, the same process was done when the City Manager was hired in 1992.
Councilwoman Wise - All Executive Sessions have to be voted on by Council. Even if there were issues that were to be kept private, it would still have to be public that they were being kept private.
Councilman Anderson - Clarified if you had a committee of Council, that committee could meet in Executive Session and it could be assumed that most personnel matters would be handled in Executive Session. If you had a committee established by Council, the committee could meet in Executive Session without having the entire Council establish that Executive Session.
Councilwoman Stack - Asked why only a portion of City Council in Executive Session, leaving the remainder of Council oblivious.
City Manager Mike Rock - Stated that is Council's policy decision. It is common to use a smaller sub-group to deal with issues when recruitment is being done. Depending on the charge City Council gives the committee, the committee would be directed to bring back a certain mix or number of candidates. If all of Council made up the committee, you would always be meeting as a quorum though there would no longer be a screening process.
Mayor Burkholder - Stated this is a two way street. The City of Lakewood wants to do what is best for the citizens of Lakewood. When a final list of candidates is available, Council will be involved and it would be made public. A date has not been set for interviews at this time.
Councilwoman Stack - The surprise element is that there was already a committee appointed prior to Council discussion.
Mayor Burkholder - Stated the decision to appoint a committee is his right as Mayor.
Councilman Anderson - Clarified the committee would be meeting in Executive Session and items in the Executive Session are not allowed to be discussed out of the room. Asked how the Council members not present are going to receive information.
Mayor Burkholder - Stated there has to be a certain level of confidentiality. When necessary, all of Council would be brought in for an Executive Session.
Mike Rock - A sub-committee of Council, which meets in Executive Session to have discussions about potential candidates, could share that information with the rest of Council. The sub-committee would brief Council about what goes on.
Vote on appointing a City Attorney Search Special Committee: All Ayes. No Nays. The motion carried.
Councilwoman Wise made a motion to hold an Executive Session following the regular City Council meeting to discuss a personnel issue, in particular, for the purpose of establishing a process to select a City Attorney per C.R.S. 24-6-402(4)(f) and Section 2.15(c)(8) of the Lakewood Home Rule Charter. Seconded by Councilman Murphy.
Vote on Executive Session: 10 Ayes. 1 Nay (Stack). The motion carried.
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.
Public Comment:
Jeff Lamontagne - 571 S. Taft St., Lakewood CO
Spoke on behalf of the Second Wind Fund. The program was started to help kids
who are deemed at-risk for suicide but who are uninsured or under-insured. This
year's event will be held on Sunday, September 23rd. The parade will begin at
Green Mountain High School and will end at Green Mountain Presbyterian Church.
Joe Sanchez - Ward 4
Stated he is opposed to the Executive Session. It is an unfair process and he
fears the City is setting themselves up for a failure. Participation should
be encouraged by all members of City Council.
Dorothy Wisecarver - 8665 Meadowlark Dr., Lakewood CO
The City Charter states the City Attorney serves City Council, not the City
Manager. All of City Council should select the City Attorney. Stated she asked
about the processes and was given the run around. This process should be as
open as possible.
Public Comment was closed.
Councilwoman Wise -Clarified the motion. The motion was made stating "as a step the committee will meet with City Council immediately following this meeting to discuss expectations and processes. Our City staff cannot respond to what the processes are until this Council establishes those processes". The motion went on to say "the final City Attorney selection will be made by the entire City Council".
Councilman Elliott - Stated the sub-committee would not make the appointment, all of Council would take part in that. Envisioned the sub-committee going to Council with recommendations once processes are made.
Councilman Stevens - This is not unlike the screening committee for Boards and Commissions. Those are presented to Council for consideration and vote, unlike the screening committee for Boards and Commissions; all of Council would have the opportunity to get to know the candidates.
Councilman Murphy - The City Charter does mandate that City Council select the City Attorney. He would be in favor of a candidate who upholds the Constitution of the United States, the City Charter and City Ordinances.
ITEM 16 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:31 p.m.
Submitted by,
Margy Greer, City Clerk
 |
||
Americans with Disability Act (ADA) Notice |
||
