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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 Pro-Tem Bob Murphy, Presiding
Vicki Stack
Cheryl Wise
Debbie Koop
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens
Absent: Mayor Steve Burkholder
Others in attendance: Joni Inman, Deputy City Manager
Paul Kennebeck, Interim 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 MAY AS OLDER AMERICANS MONTH
Mayor Pro-Tem Murphy presented a proclamation wherein Mayor Burkholder proclaimed May as Older Americans Month.
ITEM 5 - PROCLAMATION - RECOGNIZING APRIL 25, 2007 AS ARBOR DAY
Mayor Pro-Tem Murphy presented a proclamation wherein Mayor Burkholder proclaimed April 25, 2007 as Arbor Day.
ITEM 6 - PROCLAMATION - RECOGNIZING MAY AS MENTAL HEALTH MONTH
Mayor Pro-Tem Murphy presented a proclamation wherein Mayor Burkholder proclaimed May as Mental Health Month.
Newt Vaughn discussed the importance of recognizing and understanding mental health needs. Stated he lost his mother to Bi-Polar Disorder.
ITEM 7 - PRESENTATION - HABITAT FOR HUMANITY
Lori Vaslavic - Executive Director of Habitat for Humanity of Metro Denver
Stated that two homes are currently being built in Lakewood and when those are
complete, it will make a total of 69 homes that have been renovated or built
by Habitat for Humanity in the past eight years. Sixty-nine families including
170 children are now living in safe, stable and affordable homes. Thanked the
City of Lakewood for their support.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 8 - RESOLUTION 2007-24 - CORRECTING THE TERM OF ONE OF THE MEMBERS OF THE LAKEWOOD BOARD OF ADJUSTMENT
ITEM 9 - RESOLUTION 2007-25 - SETTING FORTH THE AMOUNT OF COMPENSATION FOR THE PLANNING COMMISSION
ITEM 10 - RESOLUTION 2007-26 - FOR ACCEPTANCE OF BID AND AUTHORIZING CONTRACT FOR THE E911/EMERGENCY OPERATIONS CENTER/ NETWORK OPERATIONS CENTER & MUNICIPAL COURTS REMODEL PROJECTS
ITEM 11 - RESOLUTION 2007-27 - APPROVING A CONTRACT AMENDMENT WITH DR ARCHITECTURE, LLC FOR THE DESIGN OF THE RELOCATION OF THE INFORMATION TECHNOLOGY DEPARTMENT NETWORK OPERATIONS CENTER
ITEM 12 - RESOLUTION 2007-28 - APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND DAILEY WELLS COMMUNICATIONS, INC TO PROVIDE RADIO SWITCH RELOCATION SERVICES FOR THE CITY'S 800 MHZ RADIO NETWORK
ITEM 13 - RESOLUTION 2007-29 - AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH THE METRO WASTEWATER RECLAMATION DISTRICT TO DELEGATE ADDITIONAL PRETREATMENT AND INDUSTRIAL WASTE CONTROL PROGRAM RESPONSIBILITIES FROM LAKEWOOD TO THE METRO WASTEWATER RECLAMATION DISTRICT
ITEM 14 - RESOLUTION 2007-30 - AUTHORIZING USE OF LAKEWOOD'S CREDITS PURSUANT TO XCEL ENERGY'S FRANCHISE TO BURY ELECTRIC DISTRIBUTION LINES IN THE VICINITY OF ALAMEDA AVENUE IN THE ROONEY VALLEY
ITEM 15 - RESOLUTION 2007-31 - ENDORSING THE CANDIDACY OF LAKEWOOD CITY COUNCIL MEMBER DIANA ALLEN FOR ELECTION TO THE COLORADO MUNICIPAL LEAGUE (CML) EXECUTIVE BOARD IN THE LARGE POPULATION CATEGORY, BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD, COLORADO
ITEM 16 - RESOLUTION 2007-32 - STATING THE INTENT OF THE CITY OF LAKEWOOD TO ANNEX CERTAIN PROPERTY AND INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE DENVER FEDERAL CENTER ANNEXATION, LOCATED IN EAST ONE-HALF OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 8, SECTION 9, AND THE WEST ONE-HALF OF THE WEST ONE-HALF OF SECTION 10, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
ITEM 17 - RESOLUTION 2007-33 - ACCEPTING A BID AND AUTHORIZING A CONSTRUCTION CONTRACT TO UPGRADE FIVE LAKEWOOD TRAFFIC SIGNALS AND AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
ITEM 18 - ORDINANCE O-2007-16 - APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE GRANT FUND FOR TRAFFIC SIGNAL UPGRADE WORK; FURTHER DECLARING AN EMERGENCY
ITEM 19 - ORDINANCE O-2007-17 - REZONING PARCELS OF LAND LOCATED WITHIN THE SHERIDAN BOULEVARD STATION AREA PLAN, THE WADSWORTH BOULEVARD STATION AREA PLAN, THE OAK STREET STATION AREA PLAN, AND THE UNION BOULEVARD CORRIDOR AREA PLAN, AS ADOPTED AS PART OF THE CITY'S COMPREHENSIVE PLAN THROUGH A LEGISLATIVE RE-ZONING OF THE CURRENT ZONE DISTRICT CLASSIFICATIONS TO THE TRANSIT MIXED USE (TMU) ZONE DISTRICT
ITEM 20 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting April 9, 2007 Regular City Council Meeting April 9, 2007
ITEM 21 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Senior Citizens Advisory
Commission Meeting February 14, 2007
Youth Commission Meeting March 20, 2007
Liquor and Fermented Malt Beverage
Licensing Authority Meeting March 22, 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 Elliott.
Mayor Pro-Tem Murphy - Asked that the Department Heads responsible for Items 10, 14 and 16 explain these items prior to Council voting.
Richard Plastino - Director of Public Works - City of Lakewood
Regarding Item 10; he and Chief Ron Burns have been discussing the relocation
of the E911 Center. In 2006, City Council voted to have the E911 and EOC Center
move to the Public Safety Center, which greatly reduced the cost to the City
as the building already existed. They have now completed the architectural work
for the current building, have opened bids and the contractor will begin work
the first week of June.
Chief Ron Burns - Chief of Police - City of Lakewood
The question was raised to join the County to develop a regional communication
center for Public Safety. Stated they looked into the possibility but found
that it would take multi-million dollars to do it.
They have made some enhancements with the City's current system that would allow interoperability with other systems, though this could not be done on a regular basis.
Councilman Elliott - Asked how much money the City would be investing for the E911 network change; and what would the cost come to on a new communication system that would be compatible with Jefferson County.
Chief Ron Burns - Stated he believed the cost would be around $2.5 million. The radio system alone would be anywhere from $12 to $14 million.
Councilman Elliott - Stated that at this point the City is not looking at re-doing the Radio Communications system. Asked if the current system would need to be replaced in the future.
Chief Ron Burns - At some point it would need to be replaced and because of a Homeland Security Grant they just recently replaced many of their radios which allows them to include West Metro Fire and the City of Wheat Ridge. Stated it would be quite some time before replacement is needed.
Councilman Elliott - Stated Jefferson County is looking at developing a regional approach from a communications standpoint with the various police departments.
Stressed the City of Lakewood look into joining a regional communications group through Jefferson County.
Chief Ron Burns - Suggested there is enough Public Safety communication needs to have two separate Communication Centers; Lakewood would be able to serve West Metro, Arvada, Wheat Ridge and Westminster and the County could take care of themselves and Golden.
Councilman Anderson - Asked if it is possible in the future to put together a communication system that is the same across the board. Stated they should have a "roadmap" to get to the point of one single system.
Chief Ron Burns -As technology develops in the communications field they will continue to look for more opportunities to share a system.
Councilman Anderson - Asked that a follow-up come back before City Council.
Councilman Stevens - Stated the technologies between the two systems are significantly different. At this time, it would be a huge investment for the City.
Chief Ron Burns - Stated he would look into it and see what the possibilities are.
Councilwoman Allen - Asked how different incident commands are going to interact upon a larger emergency.
Chief Ron Burns - Stated they would need a facility large enough to house double
the dispatching crew they have now. The City of Lakewood probably takes more
calls than Jeffco due to the size and density. Lakewood could be the largest
contributor to that system and workload. The service to the community would
be more neutral.
Councilman Elliott - Stated he would like to see Lakewood continue to look at
the avenues needed to work with the County.
Chief Ron Burns - Lakewood has systems they currently share county-wide and assured City Council they would continue to collaborate with the County.
Councilman Peterson - Asked what system Federal Agencies use.
Chief Ron Burns - Stated he is unsure of what system the Federal Agencies use. Recommended Steve Kabelas answer Councilor Peterson's questions. Stated at last year's Colfax Marathon there were 16 separate communication systems bridged together at once.
Steve Kabelas - City of Lakewood Senior Computer Analyst
Stated Federal Agencies use a variety of systems but most use VHF and UHF, they
are unlike what Lakewood uses because they travel far distances and tend to
work better.
Councilman Peterson - The communication aspect is one that the City of Lakewood should be able to keep their current system. Asked what potential security issues there could be if a major system was taken out and all systems were funneled through it.
Steve Kabelas - There are two points to be made; cross connecting, if Lakewood's system goes down the radio traffic can be moved to Denver's system and continue to keep all the primary channels going. A single regional communication center would cause a lot of traffic that is not currently on Lakewood's system to move onto Lakewood's system.
Councilman Peterson - Stated there is a benefit to not having one centrally located system.
Mayor Pre-Tem Murphy - Stated this subject should be placed in the bucket for future.
Opened discussion regarding Item 14, regarding the Xcel under grounding funds. Asked Richard Plastino to discuss this item.
Richard Plastino -In 1991 City Council adopted a policy for use of the Xcel
underground credit. The credit is a 1% fee that is added to all electric bills
in Lakewood which allows the City of Lakewood to use it for under grounding
overhead power lines with Xcel.
The item being discussed would allow the City of Lakewood to use the Xcel Energy
credit to underground power lines that traverse through a City Park in the Rooney
Valley for several hundred feet. The park will be developed by the developer
and landowners and if it is not under grounded there would be a set of power
lines going right through the middle of it.
One of the questions, which is priority number seven, was to respond to requests from groups of individual property owners, this priority has not worked well since the under ground credit started being used. This is because the credit can be used for Xcel facilities only on the main line. The property owners have to agree that they will pay the cost to go from the main line to their home; this cost is generally $2000. Getting all property owners to agree has only happened once. It seems to have only worked in large projects such as the Alameda and Wadsworth intersection project.
Councilwoman Stack - Asked if any credits are being used for the West Corridor Light Rail project.
Richard Plastino - Stated he does not have the answer to that question but will get the answer.
Councilwoman Stack - Asked if there is compensation from Jefferson County for the monies given from Lakewood citizens.
Richard Plastino - They have not inquired with Jefferson County whether they would pay for it but doesn't think they would offer any compensation since the City of Lakewood has not incurred any out-of-pocket expenses.
Councilwoman Stack - Stated the citizens of Lakewood have incurred an out-of-pocket expense and the citizens of Jefferson County have not.
Richard Plastino - Stated Jefferson County does not have an under ground credit fund with Xcel.
Councilwoman Stack - Asked if the proposed annexation of the area concerned could have been annexed in previously.
Richard Plastino - Stated the property may or may not be annexed to Lakewood. It could stay in Jefferson County.
Councilwoman Stack - Stated that 85% of this property is on City property. Asked if the other 15% is Jefferson County property.
Richard Plastino - The 15% property is in unincorporated Jefferson County but he is unsure how much is public and private. Referred Councilwoman Stack's question to Jay Hutchison.
Jay Hutchison - City of Lakewood Engineer - Stated the portion that is not on Lakewood property is located in Xcel owned property. A large portion of this area includes lines that have to be moved to build the interchange in Lakewood.
Councilwoman Stack - Asked if the property owners would be responsible for moving the line on the 15% of property located on Xcels land.
Jay Hutchison - Stated the property owners would be responsible for the moving of lines.
Councilman Anderson - Clarified that CARMA was responsible for taking Alameda from two lanes to four lanes in the creation of the Fossil Ridge district.
Richard Plastino - Stated that was correct.
Councilman Anderson - Asked if the lines and poles would need to be moved in order to expand Alameda.
Jay Hutchison - Some portions would have to be moved for Alameda. The fill that would occur with the widening of Alameda would require some lines to be raised, not necessarily horizontally but some areas they would be raised vertically.
Councilman Anderson - Concerned that this is a substantial amount of money. He expected that the developer who would be widening Alameda would cover the cost of these lines.
Councilwoman Stack - Asked how much money is in the fund account, how much this project is going to cost and what will be left over at the end.
Richard Plastino - The City is able to borrow ahead for two years. Between the current year and the year ahead, the City would have three million dollars in the account. The accrual rate is approximately $650,000 annually. This project would cost 1.8 million dollars.
Councilman Stevens - Confused about the portion that would need to be moved around the C470 and Alameda interchange. Asked how much of that move is part of this project. Stated it looked like it may need to be moved twice and asked the cost of having to do this.
Jay Hutchison - Xcel believes the north/south portion that is near the interchange would be approximately $400,000. If the City did not use the under ground credits form Xcel, which would be used for the portion of land which is on Xcel owned property then the interchange project would bear the cost of relocation.
Councilman Stevens - Verified the taxpayers would ultimately be responsible for the cost.
Jay Hutchison - The taxpayers between the County, City of Lakewood and the Metropolitan District would be responsible for the cost.
Mayor Pro-Tem Murphy opened discussion on Item 16 regarding the intent of the City of Lakewood to annex the Denver Federal Center. Asked Randy Funk to explain this item.
Randy Funk - Sherman & Howard - City of Lakewood Representative
This resolution would initiate the process of annexation of the Denver Federal
Center. Over the past few years there have been discussions with the General
Services Administration and about one year ago they declared 65 acres of the
land to be surplussed property. The City of Lakewood was able to express interest
in a portion of the property that could be utilized for other purposes and development
within the City. If Council approved the resolution, they would begin the timetable
established by Statute in order to go through the process of annexing. It would
go to the Planning Commission sometime in June and then come before Council
in July. There would also be a zoning process happening at the same time. State
Statute requires that the property would be zoned within 90 days after annexation.
Mayor Pro-Tem Murphy - The General Services Administration have worked on some master plans for the Federal Center. These plans are available for public comment at Creighton Middle School this week from 4pm-8pm.
Asked if the annexation of the Federal Center into Lakewood would give citizens, Planning Commission and Council input into potential project segments.
Randy Funk
The master plan being done by the General Services Administration is to help
them have a vision with community input. As long as the Federal Government owns
the land, they have exclusive jurisdiction, even though the City of Lakewood
would annex and zone the entire parcel.
Mayor Pro-Tem Murphy - Clarified that the City of Lakewood would have jurisdiction over the development review process if it is annexed into the City of Lakewood.
Randy Funk - Stated that was correct. Once it is annexed and zoned into Lakewood, changes would come through City Council and the Planning Commission.
Councilwoman Stack - Asked for clarification regarding the location of the TMU Zone district and the Federal Center.
Becky Clark - City of Lakewood, Director of Community Planning and Development
Stated the Denver Federal Center is outside of the TMU Zone mapping area and
Comprehensive Plan area. It is it's own zoning designation on the RTD property,
which is part of the 65 acres. It is zoned as an official development plan that
allows for transit opportunities.
Councilwoman Stack - Asked if RTD and the Hospital are outside of the mapping area.
Becky Clark - Yes.
Councilwoman Stack - Regarding Item 13, the Alameda Heights Area and the waste. Asked if the cost of this is passed on to the citizens of Lakewood and if the citizens are currently being charged for this.
Jay Hutchison - Stated the question deals with the pre-treatment and industrial waste control program. It is proposed that Metro Waste Water would take over in this area of Lakewood. The program only applies to non-domestic waste water, residential units have no costs today and will not have any cost.
Councilwoman Stack - Regarding Item 17, the City Manager being able to authorize an additional $170,780. Asked if this matter is brought back to City Council if this happens.
Jay Hutchison - The resolution contains two parts. The normal award of a construction contract; and it also contains an amendment to an IGA with the Colorado Department of Transportation. Those type of amendments are typically approved through a resolution and the two are combined into one resolution because they are both necessary parts to complete the entire construction.
Councilwoman Stack - Stated the City Manager is further authorized to execute change orders up to $170,780. Asked if that is the same thing.
Jay Hutchison - Stated that is the additional money that would be available after the agreement with the Colorado Department of Transportation.
Councilman Elliott - Asked what the City would gain from the improvement of the signalization in the intersections being looked at.
Jay Hutchison - Stated the funding is through a Federal Safety Grant. In order to receive that grant the City of Lakewood had to illustrate there were safety problems that could be rectified through improving the signals.
Councilman Elliott - Asked if better synchronization of lights would be a possibility.
Jay Hutchison - The synchronization that is tied to the computer system already exists but there are other improvements that would occur; one is the vehicle detection systems would be converted to video so they are not susceptible to damage. Second; the signals would include uninterruptible power source in the case of a power failure.
Item 14 was removed from the Consent Agenda and placed under General Business for a separate vote by Councilman Anderson.
Vote on the Consent Agenda with the exception of Item 14: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 22 - ORDINANCE O-2007-13 - AMENDING SECTION 14.20.010 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ENGINEERING REGULATIONS, CONSTRUCTION SPECIFICATIONS AND DESIGN STANDARDS; FURTHER ADOPTING BY REFERENCE THE TRANSPORTATION ENGINEERING DESIGN STANDARDS DATED MARCH, 2007
City Clerk Margy Greer stated there was a replacement page for Section 2.2.6 regarding private streets at each Councilor's seat.
Public Comment: None.
Councilwoman Wise made a motion to adopt Ordinance O-2007-13 on second and final reading. Councilman Elliott seconded the motion.
Councilwoman Allen - Thanked John Padon for working on a revision due to some concerns with the initial draft.
Vote on O-2007-13: All Ayes. No Nays. The motion carried.
ITEM 23 - GENERAL BUSINESS
A. RESOLUTION 2007-30 - Authorizing use of Lakewood's credits pursuant to Xcel Energy's franchise to bury electric distribution lines in the vicinity of Alameda Avenue in the Rooney Valley.
Councilwoman Wise made a motion to adopt Resolution 2007-30 on second and final reading. Councilman Elliott seconded the motion.
Vote on Resolution 2007-30: 8 Ayes. 2 Nays (Stack, Anderson). The motion carried.
ITEM 24 - 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:
Glenn Glass - 8425 W. Belmar Ave., Lakewood CO
Stated he has a petition with 120 signatures regarding the spraying of the goose
eggs in Belmar Park. Stated the City of Lakewood did not have a permit to spray
these eggs. Asked that the City of Lakewood abide by the laws of the Division
of Wildlife regarding spraying of migratory bird eggs.
Councilwoman Stack - Asked if someone could check to see if there was a permit pulled for the spraying of the eggs.
Acting City Manager Joni Inman - Stated they would check on the permit and let City Council and Mr. Glass know the outcome.
Fred Clifford - 11405 W. 17th Pl., Lakewood CO
Stated the Golden Optimist Club has a bicycle program in which they repair donated
bicycles and give them away to both children and adults. Thanked the City of
Lakewood as they recently received 25 bicycles for donation.
David Rothenburger - 1310 Garrison St., Lakewood CO
Stated that the groundbreaking for the light rail at the 13th Ave. corridor
will begin this week. Encouraged Xcel to put as many power lines underground
in the 13th Avenue corridor as possible because there will be a double set of
power lines for the light rail cars.
Odell Orr - 1301 Nelson St., Lakewood CO
Stated there are people all over the nation inquiring as to why the light rail
does not go down Colfax Ave. Asked when the last Environmental Impact Study
(EIS) was done. Asked if Gambro is the only reason the light rail is stopping
at 13th and Oak. Also stated the police radio communication should be top notch.
Mike Mueller - Ward 4
Stated it is wrong for a Councilor to take money from a developer if the Councilor
would be voting on their projects in their term. Asked if this is a conflict
of interest and stated he has asked this question to Council many times and
has not gotten a response.
Councilwoman Stack - Asked if the City Attorney could answer Mr. Mueller's question.
Mayor Pro-Tem Murphy - Asked City Attorney, Roger Noonan to report back to City Council with a response to Mr. Mueller's question.
Public Comment was closed.
Councilman Stevens - Stated people in the community have an interest and a right to support who they would like to see in office. Excessive contributions may not be in the candidate's best interest. Normal campaign contributions are precedent.
Joni Inman - Clarified that City Council would like to know if a Councilor takes money from anybody and then votes on something that impacts them, whether that is a legal conflict of interest.
Councilwoman Stack - Assumed Mr. Mueller was referring to large amounts of money since the City of Lakewood is not capped.
Joni Inman - Stated the only thing they could answer is whether there is a legal conflict for a Councilor to vote on something that would impact any citizen of Lakewood had they taken a campaign donation from them.
Councilwoman Stack - Stated if the wording is going to be brought down to a micro level, to every citizen, then she would not do it.
Joni Inman - A legal answer will be given to Council.
Councilman Anderson - Friends, Family and neighbors have contributed to his campaign. He has not received any developer money.
Councilman Peterson - Stated he would not accept a large campaign contribution from any developer or anyone with a specific interest in the community.
Councilman Elliott - Stated he has heard that he is running for County Commissioner and is humored by that. Accepting donations from a developer influences him as much as accepting donations individual citizens of Lakewood. Every donation is a vote of confidence. He does not feel there is an ethical dilemma.
Councilwoman Allen - Stated she took quite a few sizeable donations when she ran for office. The size of a donation does not influence her vote and no donation was as large as the amount she put in herself.
Mayor Pro-Tem Murphy - Stated City Council make decisions based on the best principles of public policy.
In response to Mr. Orr, there was a Major Investment Study (MIS) by a group of transit experts, citizens, neighbors and business people, for a number of reasons that MIS chose the 13th Avenue corridor, as it would be the least impact to the taxpayers. As a result of the MIS, an EIS was done from 2001-2003 on the 13th Avenue corridor.
ITEM 25 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 26 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:06 p.m.
Submitted by,
Margy Greer, City Clerk
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