Regular Council Minutes August 13, 2007
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. August 13, 2007

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 Murphy, Presiding

Vicki Stack
Cheryl Wise
Debbie Koop
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens

Absent: Steve Burkholder

Others in attendance: Joni Inman, Director, Mayor and City Manager's Office
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.

The following Consent Agenda items were read into the record by the City Clerk:

ITEM 4 - RESOLUTION 2007-42 - AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD, JEFFERSON COUNTY, AND VARIOUS MUNICIPALITIES FOR THE ESTABLISHMENT OF THE FIRST JUDICIAL DISTRICT YOUTH ALCOHOL INTERVENTION PROGRAM

ITEM 5 - RESOLUTION 2007-43 - AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT REGARDING THE RAY ROSS PARK PHASE I DEVELOPMENT PROJECT

ITEM 6 - RESOLUTION 2007-44 - FOR THE ACCEPTANCE OF BIDS AND AUTHORIZING CONTRACT FOR KIPLING STREET / BEAR CREEK PEDESTRIAN BRIDGE RELOCATION

ITEM 7 - RESOLUTION 2007-45 - APPROVING PARTICIPATION BY THE CITY OF LAKEWOOD IN A COORDINATED ELECTION TO BE CONDUCTED BY THE JEFFERSON COUNTY CLERK AND RECORDER ON NOVEMBER 6, 2007

(Councilwoman Stack pulled Item 8 from the Consent Agenda and it was placed under General Business on the Agenda.)

ITEM 9 - ORDINANCE O-2007-27 - AUTHORIZING THE CITY OF LAKEWOOD TO ACQUIRE CERTAIN REAL PROPERTY (A FACILITY LOCATED AT 1290 HARLAN STREET, LAKEWOOD, COLORADO) FROM ROBERT A. FULCHER, SICO LLC, DIANA S. FULCHER, ALAN BEAVERS AND NEVA BEAVERS FAMILY TRUST; TO LEASE THE FACILITY TO A LEASING COMPANY UNDER A FACILITY LEASE BETWEEN THE CITY, AS LESSOR, AND THE LEASING COMPANY, AS LESSEE; AND LEASING BACK THE FACILITY FOR POLICE EVIDENCE STORAGE SPACE BY ENTERING INTO AN ANNUALLY RENEWABLE LEASE PURCHASE AGREEMENT BETWEEN THE LEASING COMPANY, AS LESSOR, AND THE CITY, AS LESSEE; AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT, A FACILITY LEASE, A LEASE PURCHASE AGREEMENT AND DOCUMENTS RELATED THERETO; A SUPPLEMENTAL BUDGET APPROPRIATION AND PROVIDING OTHER MATTERS RELATING THERETO

ITEM 10 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Senior Citizens Advisory Commission Meeting, May 9, 2007
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, April 26, 2007
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, May 10, 2007
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, June 14, 2007

Public Comment: None.

Councilwoman Stack pulled Item 8 from the Consent Agenda and it was placed under "General Business" for a separate vote.

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, with the exception of Item 8 which was pulled from the Consent Agenda, introduced into the record by the City Clerk. It was seconded by Councilwoman Koop.

Vote on the Consent Agenda, less Item 8: 10 Ayes. No Nays. The motion carried.

There was no second Reading of Ordinances.

ITEM 11 - GENERAL BUSINESS

Consent Agenda - Item 8 - ORDINANCE O-2007-26 - ESTABLISHING VESTED RIGHTS BY APPROVING A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING A DEVELOPMENT AGREEMENT, PURSUANT TO ARTICLE 18 OF THE LAKEWOOD ZONING ORDINANCE FOR THE PROPERTY KNOWN AS THE SOLTERRA SUBDIVISION, LOCATED AT 2600 SOUTH MCINTYRE STREET, AN AREA GENERALLY DESCRIBED AS A PART OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.

Councilwoman Stack stated that she had studied the topic of vesting and had a lot of concerns and questions regarding vesting of property and would like an opportunity to discuss it prior to voting on this item. A discussion ensued.

Councilman Anderson made a motion to hold over this item until the next regular meeting and asked for a study session to be scheduled to educate council members on vesting of property. The motion was seconded by Councilwoman Stack.

Vote: 2 Ayes. 8 Nays (Murphy, Peterson, King, Stevens, Koop, Wise, Elliott, and Allen. The motion failed.

Councilwoman Wise made a motion to adopt Ordinance O-2007-26 on first reading. It was seconded by Councilwoman Koop.

Vote: 8 Ayes. 2 Nays (Stack and Anderson). The motion carried.

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.

Public Comment:

Jeff Lamontagne - 571 S. Taft - Lakewood, CO
Mr. Lamotagne spoke about the 2nd Wind Fund and thanked the Mayor and City Council members for their support. The 2nd Wind Fund is a suicide prevention organization to assist teens in Lakewood.

Sandy Maben - 5251 W. Iliff Drive - Lakewood, CO
Ms. Maben invited the public to attend the 2nd Wind Fund race to help raise money for the 2nd Wind Fund.

ITEM 13 - REPORTS

Mayor and City Council reported their attendance at previous meetings and events and reported on various items of interest throughout the community.

ITEM 14 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 7:58 p.m.

Submitted by,
Margy Greer, City Clerk