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Minutes are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
ITEM 1 - CALL TO ORDER
Mayor Murphy 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 Bob Murphy, Presiding
Adam Paul
Vicki Stack
Karen Kellen
Doug Anderson
Ed Peterson
Diana Allen
Tom Quinn
Sue King
Debbie Koop
Cindy Baroway
Others in attendance: Mike Rock, City Manager
Tim Cox, 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 and a moment of silent prayer was observed.
ITEM 4 - PUBLIC COMMENT
Rosemary Reseigh - 2595 Parfet Street, Lakewood, CO stated that to the south of her residence is a hill and a ditch and she is concerned about the stability of the hill and the danger it poses to the custom homes on either side of the hill. She said that over the past nine years, the drainage problems have increased and thousands of gallons of water are coming out of the ditch. She added that she has been talking with Vince Casteel and he recommended that a French drain be installed beneath Parfet Street so the water would drain along West 26th Avenue. She stated that five families in the neighborhood had gotten together and discussed the details of the plan and agreed that it is not the best solution because the integrity of the concrete liner that was installed in the seventies is being compromised. They recommend that another concrete liner be installed so that the ditch company can keep the thousands of gallons of water that they are currently losing while also preserving the two homes at the top of the hill.
Mayor Murphy stated that the issue will be addressed further at the end of public comment.
Kim Snyder - 1398 Wadsworth Boulevard, Lakewood, CO asked for support on Bill 1278 adding that she believes it will hold RTD accountable for the property that they take. She read a portion of an RTD document regarding eminent domain.
Brian Wareing - Applewood quoted various articles from the Constitution and related them to RTD.
Anthony Bartkus - 2555 Parfet Street, Lakewood, CO stated that his property abuts the ditch that Ms. Reseigh spoke of earlier and his foundation could be in jeopardy. He feels that in the last two years that water flow has gotten out of hand and is an encroachment on his property. He added that he had also been in contact with Vince Casteel in the last year and doesn't feel that drainage is the issue rather the flow of the water within the ditch. He asked for open communication between the engineers and the residents. He added that he had unrelated sewer problems at his residence last year and had to dig down twelve feet and stated that there was significant water below ground abutting the side of the hill, which could affect property values and the structural integrity of the properties located there.
Max Tyler - 755 Vista Lane, Lakewood, CO gave some personal experiences with T-REX and land issues. He added that the parking garage at 14th Avenue and Wadsworth is necessary and is for the common good and asked for Council's opposition to House Bill 1278.
Roger McCarville - Arvada wanted to leave information for Council to review regarding the potential merger of Mexico, Canada and the United States.
Randy Little - 10590 W. Dakota Avenue complemented the Mayor and City Council for their openness, honesty and ease to talk to. He encouraged citizens to attend neighborhood association meetings.
Public comment closed.
Dick Plastino, Public Works Director discussed the embankment near Parfet Street and 26th Avenue stating that the agricultural ditch located at the middle of the embankment is approximately twenty-two miles long and is leaking along the entire length of the ditch. He added that this occurs with every irrigation ditch in Colorado that is on the side of a hill. In the past, the side of the ditch broke, a mudslide occurred and at that time, the ditch company lined the ditch with concrete. To reline the ditch through this section would cost approximately $100,000.00 and the ditch company's annual income is approximately $50,000.00 per year so other options were discussed. One of those is to pick up the seepage at the bottom of the slope and put it into an inlet and constructing a pipe down Parfet to 26th Avenue. The next step was going to be to do some preliminary engineering and surveying; however, given the sense of the neighbors, he wasn't sure where to go at this point. He added that the ditch company is a private company and their financial resources are limited. If the neighbors want to bring the proposal of relining to the company, the City can do that but, the chances of that particular plan going anywhere, given the cost, are extremely low.
Mike Rock, City Manager emphasized that the ditch is twenty-two miles long, that agricultural ditches leak, that it predates all of us, and that it is not a city-owned or regulated facility. Any work with the ditch company is strictly voluntary. He stated his concerns that the neighbors won't accept anything less than a complete reline and the liability that would be created if the City interjects itself in this civil matter.
Councilman Anderson asked if there is any danger of the ditch failing in any way causing any health or safety concerns for individuals.
Dick Plastino responded that the ditch has been there for 137 years, and with the exception of the one break of the embankment, the slope has been stable. Since the ditch is now lined, there is no expectation that it will blow out again and it appears to be a minimal problem.
Councilman Anderson inquired if the ditch company would carry insurance should the ditch fail and asked if there is a regulatory agency that has any power over them.
Dick Plastino answered that the ditch company does carry insurance and that the State Water Engineer has some regulatory authority.
Councilman Anderson asked if the State Water would be a source for neighbors to pursue in some way.
Dick Plastino responded that it would however, the issue of ditch seepage has been to court many times and, in general, if the ditch is operated without negligence in regard to operations, maintenance and construction, ditch companies are generally held harmless from any problems created by seepage.
The City Clerk read the following Consent Agenda items into the record:
ITEM 5 - RESOLUTION 2008-30 - FOR ACCEPTANCE OF BID AND AUTHORIZING CONTRACT FOR THE 2008 OVERLAY AND PATCHING PROGRAM
ITEM 6 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting, February 11, 2008
Regular City Council Meeting, February 11, 2008
ITEM 7 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Planning Commission Meeting, December 12, 2007
Lakewood Planning Commission Meeting, January 16, 2008
Public comment was opened.
Brian Wareing - Applewood stated that he has been coming to City Council meetings for two years and is writing an opera based on his poems about the Lakewood City Council. He noted that he feels the Council is working for the government good and not the good of the individuals as preserved in the Constitution.
Public comment was closed.
Councilwoman Allen made a motion to approve the Council minutes, for acceptance of the minutes of Boards and Commissions, for adoption of Resolutions, all of which are included in the Consent Agenda items introduced into the record by the City Clerk. Councilman Peterson seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 8 - ORDINANCE O-2008-3 - AUTHORIZING THE CITY MANAGER TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 1290 HARLAN STREET, LAKEWOOD, COLORADO FROM ROBERT A. FULCHER, SICO LLC, DIANA S. FULCHER, ALLAN E. BEAVERS AND NEVA BEAVERS FAMILY TRUST, FOR FUTURE STORMWATER DRAINAGE AND OTHER CITY USES, AND DECLARING AN EMERGENCY
Public hearing was opened.
Councilman Anderson recused himself due to a conflict on this matter.
Public comment: None. Public comment closed.
Councilwoman Allen made a motion to adopt Ordinance O-2008-3 on second and final reading. Councilman Peterson seconded the Motion.
Councilwoman Stack stated that she was informed that there is a statute prohibiting speculative purchases for government entities and that because there is not a specified use, other than drainage, for this property, that we might be in violation.
Tim Cox, City Attorney answered that he is aware of the statute but hasn't had an occasion to look at it for this purpose. He doesn't think there is a speculative purpose as its primary purpose is for the drainage.
Councilwoman Stack added that the comment referred to unidentified City purposes.
Mike Rock responded that it gives the City the option to use the residual property for City uses in the future. The primary purpose is to address and resolve the drainage issue and to exchange a right-of-way for drainage work to be performed on behalf of the City.
Councilwoman Stack asked if the entire property would be used.
Mike Rock answered that the City is providing an easement. The only way that a portion of the property could be acquired would have been through eminent domain. A portion of the property is necessary for a drainage easement in order for the drainage work to be performed, which will assist the entire area. The entire property was for sale so we made a voluntary acquisition between a willing buyer and a willing seller to acquire the entire property. We won't have to use the entire property for drainage so it leaves the City with some property that we can designate for use in the future but that is not a speculative purchase.
Councilwoman Stack stated that she was asked if using this property for parkland would be a purpose that Lakewood could look at.
Mike Rock responded that it would strictly be a City Council decision but is not part of this ordinance. City Council decides the use of the property aside from the easement, which we are clearly agreeing to provide as part of this acquisition.
Vote: 10 Ayes. No Nays. Councilman Anderson recused. The motion carried.
ITEM 9 - GENERAL BUSINESS
None.
ITEM 10 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
Mike Rock provided brief updates regarding BJ's Jeep and Kacey Fine Furniture.
ITEM 11 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 7:50 p.m.
Submitted by,
Margy Greer, City Clerk
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