Regular City Council Meeting

Regular City Council Meeting - April 14, 2008

MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M., April 14, 2008

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 - PRESENTATION OF FLAG/PLEDGE OF ALLEGIANCE- BOY SCOUT TROOP #808
Boy Scout Troop #808 presented the colors and the Pledge of Allegiance was recited.

ITEM 4 - PROCLAMATION - WEEK OF THE YOUNG CHILD
Mayor Murphy proclaimed April 13-20, 2008 "The Week of the Young Child" and presented the Proclamation to Kathryn Strong. Children from Lakewood's Head Start Program presented hand-made gifts to City Council members.

ITEM 5 - PRESENTATION - SUSTAINABILITY AWARDS
Mayor Murphy announced the winners of the City of Lakewood's 2008 Sustainability Program. He distributed Certificates, Lakewood History Books and Awards.

ITEM 6 - PUBLIC COMMENT

James Mays - 7950 W. 51st Avenue - Lakewood, CO
Stated the Lakewood Police drive by the bus stop where there are prostitutes and drunks and the police do not stop.

Brian Wareing - Applewood, CO
Stated he received a phone call from Carol Tarplay whose home had been invaded by armed perpetrators whose purpose was to clean out her back yard. Perpetrators took away her personal effects and planned on coming back the next day to obtain more property. He stated it is wrong in every way to do this to this woman. He stated that Lakewood City Council is responsible for all who come into their city and perpetrates. Mr. Wareing stated that RTD is currently withholding the names of 200 property owners for whom they have the intent of applying eminent domain should it become necessary for the purpose of bringing through their trolley. This is public knowledge and was in the newspaper. This will cause a hardship for persons wanting to sell or not sell their home based on whether it may or may not be condemned. He asked Council to ask RTD to be forthcoming with that information.

Odell Orr - 1301 Nelson Street - Lakewood, CO
Stated that the immediate neighbors were not made aware of the proposed bike path fly over until they found out at a neighborhood meeting which was called by the neighbors. The three people affected by this most were not notified in any way. He stated he retained an attorney for these people to see where the ping pong game stops between RTD and Lakewood.

Max Tyler- 755 Vista Lane - Lakewood, CO
Stated that he knows the RTD Board and that the City Council is not the RTD Board. There is a bill in the legislature that may be a plus for civic dialogue. The bill would provide for instant run off voting for selected pilot study cities and municipalities around the state. When three or four people are running in a race, you would have the option for voting the one, two, or three priority choices. As a Home Rule city, Lakewood has an option to look at this, if the bill passes. Suggest that City Council support the initiative.

Kim Snyder - 1398 Wadsworth - Lakewood, CO
Stated that what sustains a community is that the public has the faith to invest in a community without fear of government entities using eminent domain to take their homes or businesses to make a buck for the government. City Council blighted the Colfax Avenue which did limit property rights and she stated she hopes they have answers soon.

Galen Foster - 1398 Wadsworth Blvd - Lakewood, CO
Stated that the banners on his corner speak for themselves. He stated City Council has taken the lid off of a can of worms that they should have left on.

Steve Byfield - Arvada, CO
Stated he was alarmed to hear about Mr. Tarplay's property. Many years ago the Declaration of Independence was written and he read a part of it as well as a part of Article II, Bill of Rights, under Section 2 of the State Constitution, and quoted a portion of Federal Court, regarding private property rights. City Council let people go onto her property after taking an oath to support the Constitution.

Carol Tarplay - 333 South Pierson Street - Lakewood, CO
Stated she is the senior citizen who was ambushed by Code Enforcement employees who entered her property and robbed her. She compared it to a Nazi Germany invasion. She stated that Code Enforcement did not answer her questions and instead came upon her property and stole a list of items. The items were behind a 6' fence and could not be seen except by holding a camera over the fence. She stated that she was harassed by the Code Enforcement employees. She stated she was treated like criminal and the items taken were not trash. It will cost her thousands of dollars to replace. Some items were not replaceable. She stated she does not feel safe or secure in her home.

Jimmy Helton - 815 South Vance - Lakewood, CO
Stated that RTD has a lot of drunks on the buses and there are handicap people there. The drunks play with the panic alarm buttons and he is tired of hearing it. When asked if people can drink on the bus, they are told to ask the bus driver. Some teens are writing graffiti on the buses. RTD is hiring people and they have guns on the buses.

Natalie Menten - Ward 5 - Lakewood, CO
Stated she wanted to counter the opinion that City Council is not the forum to deal with RTD. The City Council members meet with RTD and the concerns of citizens should be passed along to RTD members. The city pays the Colorado Municipal League (CML) which is an entity that lobbies against certain rights at the state legislature. She asked for the amount of dues being paid to CML by the City.

Tim Cox, City Attorney
Stated that the issue regarding Ms. Tarplay's property will be dealt with in the municipal courts and therefore advised City Council to not comment on the case at this time. He stated that the April 2nd actions were done pursuant to a warrant.

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

ITEM 7 - RESOLUTION 2008-36 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1 WITH REGARDS TO RAY ROSS PARK AND DEANE ELEMENTARY SCHOOL

ITEM 8 - ORDINANCE O-2008-9 - AUTHORIZING ALCOHOL BEVERAGE TASTINGS IN RETAIL LIQUOR STORES AND LIQUOR-LICENSED DRUGSTORES PURSUANT TO STATE LAW

ITEM 9 - ORDINANCE O-2008-10 - AMENDING CHAPTERS 5.38 AND 5.40 RELATING TO LIQUOR LICENSING AND CHAPTER 5.46 RELATING TO ARCADE LICENSING AND CHAPTER 5.52.030 RELATING TO MASSAGE PARLORS OF THE LAKEWOOD MUNICIPAL CODE

ITEM 10 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting, March 24, 2008

ITEM 11 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Planning Commission Meeting, February 6, 2008
Lakewood Planning Commission Meeting, March 19, 2008
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, February 28, 2008

Public comment: None.

Councilwoman Allen made a motion to approve the Council minutes, for acceptance of the minutes of boards and commissions, order all Ordinances introduced on first reading to be published in the Rocky Mountain News with Public Hearings set for the date included in the Ordinance, and 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 12 - ORDINANCE O-2008-4 - ADDING SECTION 10.66.195 TO TITLE 1O OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC

Public comment: None.

Councilwoman Allen made a motion to adopt Ordinance O-2008-4 on second and final reading. Councilman Peterson seconded the motion.