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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
Diana Allen
Doug Anderson
Cindy Baroway
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
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
After Boy Scout Troup 814 performed Presentation of Colors, the Pledge of Allegiance was recited and a moment of silent prayer was observed.
ITEM 4 - RESOLUTION - 2008-54 - APPOINTING ANNE STAVIG AS A MUNICIPAL JUDGE FOR THE LAKEWOOD MUNICIPAL COURT AND DESIGNATING JUDGE STAVIG AS THE PRESIDING MUNICIPAL JUDGE
Mayor Murphy said the Lakewood Judicial Review Commission selected a new judge to fill the vacancy of retiring Municipal Judge Tom Elliott. Anne Stavig, former District Attorney, was chosen to fill the position.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to appoint Anne Stavig as Municipal Judge for the Lakewood Municipal Court
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
Newly appointed Judge Anne Stavig extended "thanks" to all friends, colleagues, well-wishers and family members for their support. She said she is very excited to join the Public Safety Team in Lakewood, and look forward to working with everyone in serving the City of Lakewood.
ITEM 5 -RECESS-RECEPTION FOR ANNE STAVIG, PRESIDING MUNICIPAL JUDGE
Mayor Murphy called a 20-minute recess so that all could attend a reception for newly appointed Presiding Municipal Judge Anne Stavig.
Mayor Murphy reconvened the meeting at 7:40 p.m.
ITEM 6 - PRESENTATION - LETTER OF COMMENDATION FROM THE LAKEWOOD POLICE DEPARTMENT TO MR. SKIDMORE
Police Chief Kevin Paletta presented a Citizens Citation for Meritorious Service, to John J. Skidmore for his acts by a private citizen involving uncommon risk while assisting members of the Lakewood Police Department. Mr. Skidmore's actions not only assisted a neighbor in need, but also helped the Police Department apprehend an offender.
ITEM 7 - RESOLUTION 2008-53- APPOINTING MEMBERS TO THE LAKEWOOD ADVISORY COMMISSON FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman Allen and seconded by Councilman Peterson to adopt Resolution 2008-53, appointing John Dahahey and Joan Trapino, to the Lakewood Advisory Commission for an Inclusive Community. Their term of service is from July 28, 2008 to December 31, 2010.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously
ITEM 8 - PUBLIC COMMENT
Linda Henik (6427 W. 11th Avenue, Lakewood, CO 80214) voiced her concerns in regards to making the City of Lakewood a more safe and user-friendly city. After encountering a recent experience that involved her safety, she feels the lack of proper street signage and visible numbers on houses could pose safety risks for others. She made a plea to Council to look into making street signs more visible, especially in lieu of the Democratic National Convention, which will take place shortly in the Denver Metro Area.
Randy Little (10590 W. Dakota Avenue, Lakewood, CO) wanted to commend KLTV Channel 8 for the good job it does in broadcasting, and he encouraged viewers to continue watching.
There were no further public comments.
Mayor Murphy said Staff would take a look at the current ordinances regarding
Mrs. Henik's concern on signage.
CONSENT AGENDA
Consent Agenda Items 9-13 were read into the Record by the City Clerk.
ITEM 9 - RESOLUTION 2008-55 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE REGIONAL TRANSPORTATION DISTRICT
(RTD) FOR BETTERMENTS FOR THE OAK STREET LIGHT RAIL STATION
ITEM 10 - RESOLUTION 2008-56 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A REVOCABLE LICENSE AGREEMENT WIH THE FOSSIL RIDGE METROPOLITAN DISTRICT NO. 1 FOR THE INSTALLATION AND MAINTENANCE OF A SOLAR ARRAY ON CITY PROPERTY WITHIN FORSBERG IRON SPRING PARK AND IN THE RIGHT-OF-WAY FOR WEST EVANS AVENUE
ITEM 11 - ORDINANCE 0-2008-20 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
ITEM 12 - ORDINANCE O-2008-21 - TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE SOUTH LAKEWOOD SANITATION DISTRICT ACROSS LOTS 2, 3, & 4; LAKEWOOD ACRES SUBDIVISION LOCATED AT 641, 649, & 665 INDEPENDENCE STREET, LAKEWOOD, COLORADO
ITEM 13- ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Planning Commission Meeting, April 16, 2008
Planning Commission Meeting, May 7, 2008
Liquor and Fermented Malt Beverage Licensing Authority Meeting, May 22, 2008
Liquor and Fermented Malt Beverage Licensing Authority Meeting, June 26, 2008
Lakewood Commission for an Inclusive Community Meeting, June 18, 2008
Mayor Murphy asked whether or not Councilwoman Baroway should vote on the Consent Agenda because of Item 11.
Tim Cox, City Attorney, indicated that it would be O.K. for her to vote on the Consent Agenda, but not to act when the Item is presented to Council on second reading.
Mayor Murphy said due to the number of people who've signed up to speak regarding Item 10, he will pull this Item and place it under General Discussion for separate action. He asked Council if there were any other items to go under General Discussion.
Councilwoman Stack asked if funding was available for Item 9.
Roger Wadnal, Comprehensive Planning & Research Manager, said funding is to be discussed in two weeks.
Councilman Anderson asked for a listing of Betterments for the Oak Street Light Rail Station.
Mr. Wadnal said he would e-mail the list to Councilman Anderson.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to 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, with the exception of Item 10 that was placed under General Discussion for separate action, all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously
ITEM 14 - ORDINANCE 0-2008-18 - ADDING SECTIONS 9.60.055 AND 9.60.057 TO TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO GRAFFITI MATERIALS
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt Ordinance 0-2008-18 for second and final reading.
During discussion, it was noted that this Ordinance would give the Police extra leverage to help make graffiti against the law in the City of Lakewood. Some feel, however, the instruments named in the Ordinance, (i.e., Magic Markers) will make possession of markers a crime. Others noted that those who use the markers for a legitimate use and are not committing a crime would have an affirmative defense/safeguard. The Ordinance applies only to persons who are caught using the markers to commit a criminal act (graffiti). It was also noted that the City and County of Denver have a similar law and it seems to be working for them. This is a good Ordinance and the positives outweigh the negatives.
Vote: Ayes: 9 Nays: 2 (Anderson & Stack) The motion passed.
ITEM 15 - GENERAL BUSINESS
RESOLUTION 2008-56 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A REVOCABLE LICENSE AGREEMENT WIH THE FOSSIL RIDGE METROPOLITAN DISTRICT NO. 1 FOR THE INSTALLATION AND MAINTENANCE OF A SOLAR ARRAY ON CITY PROPERTY WITHIN FORSBERG IRON SPRING PARK AND IN THE RIGHT-OF-WAY FOR WEST EVANS AVENUE
Mayor Murphy said Item 10 is in regards to a revocable license agreement with the Fossil Ridge Metropolitan District pertaining to solar array in Forsberg Iron Spring Park.
The public hearing was open for comments.
Kathy Hodgson, (Director of Community Resources, City of Lakewood) gave a brief overview regarding a revocable agreement with Fossil Ridge Metropolitan District and the use of solar panels in Forsberg Iron Spring Park. She noted that of the 134.8 acres of parkland, 30.8 acres have been improved at an estimated cost of some $2,000,000 funded completely by CARMA Development. The design of the park is to promote three distinct themes (a three prong model): (1) fitness and physical activities; (2) interpretation of wildlife patterns; and (3) energy conservation. Included in the park is an internal trail system that's designed in loops, based on information from the CR Master Plan. Additionally, there is a trail system connecting the park under Alameda, and signage for distances. Regarding the solar panels, she noted that they would be installed on the edge of the park's property as a means of providing an alternate resource and to help students learn about friendly energy conservation. Plans are to open the park in August 2008.
Persons who spoke in opposition to this proposed Resolution:
Neumann Smith (1000 S. Marshall St., Lakewood, CO)
Carlos Spano (2277 S. Holman Circle, Lakewood, CO)
Lisa Scott (14222 W. Evans Circle, Lakewood, CO)
Johann Cohn (1208 S. Brentwood St., Lakewood, CO)
Edie Bryan (1661 S. Kendall St., Lakewood, CO)
Dorothy Wisecarver (86550 Meadowlark Dr., Lakewood, CO)
Glenn Glass (8425 W. Behmer Ave., Lakewood, CO)
Natalie Menton (Ward 5, Lakewood, CO)
Reasons for opposition include:
• Residents feel that solar panels are not an appropriate use in the park.
• The park is public property and the request is for private use.
• The project is by and for CARMA - it will not benefit the citizens of
Lakewood
• The Community was not notified in a timely manner about this proposed
use, thus, no citizen input was obtained.
• Allowing solar array on city property would be precedence setting-not
a good idea.
• Residents feel that this proposal in the form of a Resolution is demeaning
and insulting. It should have been in the form of an Ordinance.
Mayor Murphy asked why was this request in the form of a Resolution.
Tim Cox, City Attorney, said in discussing this with Staff, it was determined that a Resolution seemed to be the appropriate tool because it would give the City more flexibility to cancel the agreement. Regarding utility easements in parks, the City Charter reads that nothing in the section requiring a vote on the sale, lease or disposal of city property, prohibits the City from granting utility easements under, or over any City property held for open space or parks purposes. Looking at state statues and regulations, it was concluded that solar array, according to the Public Utilities Commission (PUC), qualifies and is regulated by the PUC as a utility. Therefore, it appeared that if it was the desire of the City to grant a utility easement across park property because it (solar array) qualified as a utility, the City had the authority to do so. The next thing was to decide what form the to use to grant that permission. The Charter also says it would be permissible to grant an easement. Staff was advised that was one option. A licensed agreement, which is a lesser interest, was another option. As a matter of law, it (licensed agreement) does not convey an interest in land, rather it conveys permission to use land under certain circumstances. Either option was available. A license gives the City greater ability to control the uses, and perhaps terminate the license. Then it had to be determined what form of action could be done. There is spectrum - easements granted by the City are done by ordinance. There are provisions in the code regarding certain types of encroachments on City property, specifically rights-of-way that are done administratively without a resolution or ordinance. This is a licensed agreement for a more intense use of City property and not a right-of-way. Therefore, the administrative process did not apply. So the question became what Council action - Resolution or Ordinance. City Staff researched to see how licensed agreements were done in the past, and found several examples that were done by resolutions, and in the absence of any specific code or charter requirement in this instance, a resolution would be permissible. He also noted that the proposed agreement would be with the Fossil Ridge Metropolitan Planning District, which is a public entity and not a private corporation.
Kathy Hodgson said no city funds have been used in the design, development or construction of this park. CARMA Development gave a donation of approximately $2,000,000 to the City of Lakewood for construction of this park. Also, CARMA will pay whatever the yearly amount (estimated $500-$700) for the energy used by the park regarding the irrigation system for turf grass and pump system. She also noted that there is a complete path system that goes throughout the park bringing visitors all the way to the top, and throughout the park there are different efforts of energy conservation as well as fitness and the wildlife corridor. The solar panels are on the other side near the retreat, and a path is there also.
After a lengthy discussion regarding the use of solar panels, licensing and permit fees, it was noted that there was no intent to "sneak" anything past the citizens of Lakewood. Also, it was decided that more citizen input is needed, and therefore this should be tabled until this can be done.
Andrian Stanciu, Property and Purchasing Services Manager, noted that other than a path leading up to and through the solar panels, there is be no more development near the solar panels.
Councilman Paul wanted to know if the Fossil Ridge Metropolitan Planning District is the owner of the retreat, and if so, would it be similar to a special district owning a facility on City park land (water tank on open space).
Mike Partheymuller, (11409 W. Bear Creek Drive, Lakewood, CO) representing the developer and the Fossil Ridge Metropolitan Planning District, said the owner of the retreat is the Metropolitan Planning District. He also noted that the electricity provided through the solar array will offset some of the cost of the facility and will benefit the citizens who pay taxes within that metropolitan district.
Councilwoman Kellen wanted to know the purpose of the retreat.
Mr. Partheymuller said the retreat is the community center for the Solterra Development, and for the use by Solterra residents. A fee structure is in place to allow any City of Lakewood resident to pay an additional fee, which is equal to the taxes that residents in the Solterra District have to pay, for use of the center.
Councilman Anderson said since there are no residents there at this time, he wanted clarification that the special district for Solterra is CARMA.
Mr. Partheymuller said the situation is similar to separating your regular job from services to the city--there are differences. There are no residents and no accessed values at this time. CARMA is loaning money to the Fossil Ridge Metropolitan District to put the improvements in place. As residents arrive, pay their taxes, and over a very long period of time, certain bonds that were created are repaid.
It was also noted that the retreat is the neighborhood clubhouse; it is not a City of Lakewood clubhouse (not owned by the City of Lakewood).
Councilwoman Stack said she would like to see this proposal brought back to Council in the form of an Ordinance.
Messrs. Rock and Cox agreed that the item before the Council today (Resolution) should be acted on with Council later giving directions regarding an alternative.
Councilwoman Allen feels that tabeling this item and trying to put it in the form of an ordinance is micro-management. CARMA donated a large amount of money to improve a park in Lakewood and they want to use a very small portion of the park to help with solar education and promote sustainability.
Councilman Quinn said he could not support the Resolution the way it presently exists. The plan has great merit, however, the execution of the plan via a Resolution, he feels, is a mistake. There should have been more opportunity for public input.
Councilman Peterson agreed with Councilman Quinn, there were flaws in how this was initially presented. He commended Staff for their work and said this (Resolution) is an excellent way to get this done. He added that this agreement supports the policies of a Comprehensive Plan and Master Plan for parks that recognize the policies that the Council has in regards to sustainability and education. It is an agreement between two governmental agencies, which he feels is right, and it's done with a revocable permit-no land is exchanged, no transfer of any public interest at all. It is less than an easement because it is a revocable permit that for reasons such as lack of maintenance, deterioration, or if it becomes a public nuisance of sort, the City can say 'make this disappear' and they have 30 days to do so.
Most Council members feel that more information about this proposed project should have been circulated to the community before the public hearing, and that they (Council) did not know about this project until they received the info in their packets.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-56 for second and final reading.
It was noted that input from the Community for An Inclusive Community should be received. Therefore, additional time would be needed.
After additional discussion, Councilwoman Allen and Councilman Peterson withdrew their motion.
Mr. Rock said Staff could provide resources and help the Committee for An Inclusive Community in getting more citizen input.
A motion was made by Councilman Peterson and seconded by Councilwoman Allen, to continue RESOLUTION 2008-56 to September 8, 2008, and to remand this request to the Community for An Inclusive Community for review of the specifics of the project and to obtain additional community input.
Additional discussion ensued regarding whether or not this proposed request should be in the form of an ordinance rather than a resolution.
Margy Greer, City Clerk, noted that as a point of order, Council needs to act on the Resolution, and then a motion can be made to bring it back as an ordinance.
Councilman Peterson and Councilwoman Allen withdrew their motion.
Council consideration of this proposal could be done at the September 8 or September 22, 2008 at a Regular Session Meeting.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-56 on seconded and final reading.
VOTE: Ayes: 2 Nays: 9 (Murphy, Paul, Stack, Anderson, Peterson, Quinn, King, Koop, and Baroway) The motion failed.
Another motion was made by Mr. Peterson and seconded by Councilwoman Allen, to direct Staff to bring the subject matter as detailed in RESOLUTION 2008-56, to the Committee for an Inclusive Community for review, public comment/hearing, and to forward to Council for first reading as an ordinance on September 8, 2008.
VOTE: Ayes: 11 Nays: 0 The motion passed unanimously
ITEM 16 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 10:15 p.m.
Submitted by:
Margy Greer, City Clerk
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