Regular Meeting MInutes - June 23, 2008
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M, June 23, 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

Diana Allen
Cindy Baroway
Karen Kellen
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack

Absent: Sue King

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

Max Tyler, 755 Vista Lane, Lakewood, CO, said last evening, he saw something that was atypical of the City of Lakewood-a police officer traveling at a high rate of speed, which brought to mind an article he read regarding saving gas and energy, and what the City and County of Denver is doing in this effort. They are putting GPS devices in their fleet of cars to indicate acceleration and where people are going. They've found this to be a useful way to cut down on gas. He feels this is a good idea for the City of Lakewood to do because it will help to recoup some of the $4 million in sales tax the City is losing. He said we should do all we can to save to help make up the $4 million and keep Lakewood moving forward.

Carol Tarpley, said it's been over two months since her rights were violated by City of Lakewood employees when they took many of her possessions. She still has not received an inventory of said property, nor has she been informed as to what happened to the items. She feels that the photographs taken by the City should be given to her free of charge. Also, the City did not adhere to city codes (the same ones of which she was harassed). Code Enforcement has not given any answers, they've broken several laws and violated her unalienable rights by invading/trespassing on her property and stealing her possessions. City employees should work for the people - not against them by invading citizens' privacy, violating rights and destroying lives. She feels that city officials are responsible for the actions of city employees.

No further public comments were given.

Councilman Anderson said it would be very helpful for Council to report back with what the City is doing in regards to the comments made by Mr. Tyler, in particular to the suggestion about the GPS.

Mayor Murphy agreed and added that all new police vehicles will be flex-fuel vehicles.

ITEM 5 -- RESOLUTION 2008-43 - REAPPOINTING BOB LAWRENCE AND DIEDRA GARCIA TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-43.

There were no public comments.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

NOTE: The voting button for Councilwoman Stack was not working properly. She voted in favor of the motion.

ITEM 6 - RESOLUTION 2008-44 - APPOINTING MATT STOKES TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-44.

There were no public comments.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

NOTE: The voting button for Councilwoman Stack was not working properly. She voted in favor of the motion.

ITEM 7 - RESOLUTION 2008-45 -- REAPPOINTING A MEMBER TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-45.

There were no public comments.

This is a reappointment of Mark Hunter to the Board of Directors.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

NOTE: The voting button for Councilwoman Stack was not working properly. She voted in favor of the motion.

ITEM 8 - RESOLUTION 2008-47 -- APPOINTING MEMBERS TO THE LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-47.

This motion appoints Debra Hinsvark, Kane McNeill and Brian Weberg to the Lakewood Advisory Commission for an Inclusive Community.

There were no public comments.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

NOTE: The voting button for Councilwoman Stack was not working properly. She voted in favor of the motion.

Consent Agenda Items 9 -13 were read into the Record by the City Clerk.

ITEM 9 - RESOLUTION 2008-46 - AUTHORIZING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF PUBLIC SAFETY FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES

ITEM 10 -ORDINANCE 2008-16 - TO VACATE A 15 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE CITY OF LAKEWOOD ACROSS THE LAKEWOOD HIGH SCHOOL PROPERTY LOCATED AT 9700 WEST 8TH AVENUE, LAKEWOOD, COLORADO

ITEM 11 -- ORDINANCE O-2008-17 -- TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT BETWEEN GARRISON STREET AND INDEPENDENCE STREET NORTH OF WEST 9TH AVENUE, LAKEWOOD, COLORADO

ITEM 12 - ORDINANCE O-2008-19 -- TO REZONE LAND LOCATED AT 8990 AND 8992 WEST COLFAX AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

ITEM 13 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, April 24, 2008

Mayor Murphy asked for comments on the proposed Consent Agenda.

There were no public comments.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to approve Council Minutes, accept all minutes for Boards and Committees, order all ordinances introduced on first reading to be published into the Rocky Mountain Newspaper for public hearing set for dates included in the ordinances, and to adopt resolutions, all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk.

Councilwoman Stack asked about Item 12 - rezoning of property at 8990 and 8992 West Colfax Avenue. She's surprised that there's been no participation from the community. She wanted to make certain that the community was notified of the proposed rezoning.

Mayor Murphy said this is the first reading, and a public hearing is forthcoming.

Mike Rock, City Manager, said all rezoning cases have the same notice requirements. The applicant cannot be penalized if there are very few comments from the neighborhood. He said this rezoning met all standards and legal requirements.

Councilwoman Baroway said a presentation by the proponents of this request was given to the Morris Park Neighborhood Association some four to six months ago, and an invitation was extended to the Eiber Neighborhood Organization as well.

Councilwoman Stack said as a member of the Eiber Neighborhood Organization, she was not informed of this request until this weekend. Residents in the neighborhood directly across the street from the proposed site are upset.

Mr. Rock said the merits of this case can't be discussed, and we can't impose new requirements. In order for this zoning application to come forward, it had to meet all of the City's legal requirements. We cannot require anything additional. Merits of the case can be discussed on second reading.

Mayor Murphy insisted that the merits of the case are not to be discussed tonight.

Councilwoman Stack asked for more time for input.

Mr. Rock said more time can't be required.

Councilman Anderson said from the perspective of first reading of an ordinance and as to the appropriateness of setting it for a date and time for a public meeting, he feels it would be appropriate if Councilwoman Stack has concerns about notice, that Council receive copies of notices as they were sent out and a list of persons they were sent to.

Mayor Murphy noted that the Council packet contains the referral agencies that were notified and it does include the Eiber Neighborhood.

Councilwoman Stack said she did not receive said information in her packet.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

NOTE: The voting button for Councilwoman Stack was not working properly. She voted in favor of the motion.

ORDINANCES ON SECOND READING AND PUBLIC HEARINGS

ITEM 14 - ORDINANCE O-2008-12 -- AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR A FIRE HYDRANT AND RELATED APPURTENANCES ACROSS THE CHARLES E. WHITLOCK RECREATION CENTER PROPERTY LOCATED AT 1555 DOVER STREET

Mayor Murphy asked for public comments.

There were no public comments.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance O-2008-12 on second and final reading.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

ITEM 15 -- ORDINANCE O-2008-13 - TO VACATE CUL-DE-SAC EYEBROW IN WEST ALAMEDA PLACE RIGHT-OF-WAY LOCATED WEST OF SOUTH HOYT STREET SOUTH OF WEST ALAMEDA AVENUE, LAKEWOOD, COLORADO

Mayor Murphy asked for public comments.

There were no public comments. However, George Riddle, 9582 W. Alameda Place, Lakewood, CO, signed the Public Hearing Roster in support of the proposed ordinance, but he did not wish to speak.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance O-2008-13 on second and final reading.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

ITEM 16 - ORDINANCE O-2008-14 - AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR UTILITY LINES AND RELATED FACILITIES ACROSS FORSBERG/IRON SPRING PARK TO PROVIDE UTILITY SERVICES TO THE FUTURE RESIDENTS OF LAKEWOOD OF THE SOLTERRA DEVELOPMENT

Adrian Stanciu, Property and Purchasing Manager, City of Lakewood, explained that the existing electrical lines are actually underground. The light poles have not been installed, and the proposed easement is basically between the back of the curve and the area of the sidewalk. This is typical with most new subdivisions, this happens to be a road going through the park.

Mayor Murphy asked for public comments.

There were no public comments.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance O-2008-14 on second and final reading.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

ITEM 17 - ORDINANCE O-2008-15 - AUTHORIZING SIGNATURE OF AN EASEMENT TO PUBLIC SERVICE COMPANY FOR UTILITY LINES AND RELATED FACILITIES ACROSS PROPERTY OWNED BY THE CITY LOCATED AT 8750 WEST 14TH AVENUE, LAKEWOOD, COLORADO

Mayor Murphy asked for public comments.

There were no public comments.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance O-2008-15 on second and final reading.

Vote: Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.

ITEM 18 - GENERAL BUSINESS

No General Business at today's meeting.

ITEM 19 - REPORTS

Mayor Murphy announced that the new interchange at C-470 and Alameda is scheduled to open to the public on Thursday --ahead of schedule and under budget.

Also, there is a change in way the liquor licensing hearings are conducted. Essentially, the City of Lakewood Liquor Authority has been disbanded. The Authority felt it would be better, for the community and licensees, to use a professional hearing officer to conduct such meetings.

Margy Greer, City Clerk, added that the first meeting with the hearing officer is scheduled for Thursday at 2:00 p.m., and we're looking forward to the daytime meetings.

Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.

Mayor Murphy reminded Council of a Special Executive Session Meeting next week starting at 5:30 p.m., regarding the interview and selection of final candidates for Chief Presiding Judge of the City of Lakewood. Dinner will be served at 5:00 p.m.

ITEM 20 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 7:46 p.m.

Submitted by:
Margy Greer, City Clerk