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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
Larry Dorr, Finance Director
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 -- PRESENTATION -- C.Y. CHOI AWARD
Mayor Murphy said the City of Lakewood's Planning and Development Department held a Business Appreciation Night in conjunction with the final event of the concert series at Belmar Park. He listed the numerous awards that were presented and noted that the
Charles Choi Award of Excellence for Processed Oriented Design and Development, was created to recognize the many contributions made by Charles Choi over a period of many years to the planning process in Lakewood. Mr. Choi spearheaded efforts to re-write the Lakewood Comprehensive Plan that was completed in 2003. The C.Y. Choi Award of Excellence is given to an individual or company, who demonstrates the principals of performance based review process. It is the framework for residents, property owners, planners and developers to follow during project review. It promotes dialogue, offer flexibility and encourage creativity to facilitate a productive development process. More importantly, it answers the question "Does it work in relation to the neighbors"? This year's recipient of the C.Y. Choi Award is Mrs. Fran Yehle.
Charles Choi, introduced and presented the award to Mrs. Fran Yehle.
Fran Yehle, Award Recipient, said it is an honor to receive such an award. Mr. Choi has been instrumental in helping the community, especially in its dealings with RTD. He "lit a fire under us" and they have been persistent in trying to work with RTD. The award is appropriate in reflecting the community's spirit and what it means as part of the future development for Lakewood. She encouraged City Council to continue with its approach to process-oriented development.
Mayor Murphy expressed thanks to all public safety agencies involved in helping to contain the fire on Green Mountain.
In giving an update on the license agreement with the Fossil Ridge Metropolitan District / CARMA for a solar display at the edge of Forsberg Park, he noted that the project is not going forward. The day after the public hearing, CARMA withdrew their application for the license agreement.
ITEM 5 - PUBLIC COMMENT
Art Emison, (5564 So. Lee, Lakewood, CO) owner of property located at 4950 S. Webster Court, asked the Council for help in resolving problems with the property. He feels the only option is to have the property demolished. He's lost more than $500,000 and the property has been empty 10 years. He suggested that the Council come on sight and see what's there, which is a multitude of issues.
Brian Wareing, recited a "monkey poem" that talked about corrupt lawyer schemes; Big Brothers; code violations; being legally hosed, etc.
Carole Tarpley spoke about the role of city government in protecting peoples rights instead of trampling them. She feels that city government should publish ordinances so the people can decide on them, and they (ordinances) should reflect the "will of the people".
Public Comments were closed.
Mayor Murphy asked the Director of Community Planning and Development to respond
to comments made by Mr. Emison.
Becky Clark, Director of Community Planning and Development (CP&D), said
she has been working with Mr. Emison for the past seven years. When he purchased
the property through foreclosure, he was aware that there were two hurdles he
had to get through. Initially, he knew that he was unable to do anything with
the property other than to retain it for historic purposes. Currently, CP&D
is trying to work with him through that process, and establishing some sense
of protocol to follow. She said it's been a long time, but we're still willing
to work with him.
Councilman Anderson asked for a more detailed summary -- in writing -- of the
situation.
Mike Rock, City Manager, said Staff will do a memorandum in this regard.
Councilwoman Allen said she talked with Mr. Emison before, and clarification
that at some point a purchase of his property would be done. She suggested that
a consultation with the City Attorney is held before any deep discussions with
Mr. Emison.
CONSENT AGENDA
Consent Agenda Item 6 and Item 7 were read into the Record by the City Clerk.
ITEM 6 - ORDINANCE O-2008-22 - AMENDING CHAPTER 3.01 OF THE LAKEWOOD MUNICIPAL
CODE RELATING TO SALES AND USE TAX BY THE ADDITION OF A NEW SECTION 3.01.205
RELATING TO AN ELECTRONIC DATABASE FOR THE PURPOSE OF DETERMINING TAXING JURISDICTIONS
ITEM 7 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting May 12, 2008
Regular City Council Meeting May 12, 2008
Regular City Council Meeting July 14, 2008
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 the elimination of use tax.
Larry Dorr, Finance Director, City of Lakewood, said Section C of the ordinance states that the locator code database and the conventions attached to it will not apply to use taxes. He noted that sales and use taxes are determined, collected, and remitted, where the exchange of goods and services occur. Use tax is only collected and remitted by local Lakewood businesses. Inasmuch as they know they are located in Lakewood, they would not have to rely on a database for them to know that they are in Lakewood and that they would need to collect or remit use tax. Only sales tax would have such a situation.
Councilwoman Stack said in reviewing three different municipalities, none of them have separated their use tax.
Mr. Dorr said in reference to the City of Lakewood Sales and Use Tax Ordinance, the code that accesses the sales and use tax is in one place. Thus, the change is happening in that section of the City of Lakewood code. It's not necessary that it apply to use tax is the reason for it to be explicitly clear that the locator database does not apply--it's not practically necessary.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 8 - ORDINANCE O-2008-20 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
The public hearing was opened for comments.
Brian Wareing, Applewood, said it is an unhealthy scenario in government when the helpers can vote more money for other helpers. This applies to all government officials, therefore, you are allowing "hired hands" to reward and compensate themselves for being "hired hands". He feels it is the job and duty of the employer to make that determination, and its only right to cause the employers to create the kind of monetary rewards to be granted to the persons for whom they are being given. Those monetary rewards should be given in accordance with the benefit the helpers/hired hands give to the community, not in accordance with what other hired hands believe they should receive. He believes the Council is rewarding an unhealthy situation with a still further unhealthy situation in order to cure the initial unhealthy situation. He said it is an inappropriate way of doing things-leaving out the employers is, frankly, unconstitutional.
There were no additional comments.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt ORDINANCE 0-2008-20 for second and final reading.
Councilwoman Baroway said she will not vote on Ordinance 0-2008-20, due to a conflict of interest.
Vote: Ayes: 10 Nays: 0 Abstained: 1 (Baroway) Motion passed.
ITEM 9 - ORDINANCE O-2008-21 -- TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE SOUTH LAKEWOOD SNITATION DISTRICT ACROSS LOTS 2, 3, & 4; LAKEWOOD ACRES SUBDIVISION LOCATED AT 641, 649, & 665 INDEPENDENCE STREET, LAKEWOOD, COLORADO
There were no public comments on this item.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt ORDINANCE 0-2008-21 for second and final reading.
Vote: Ayes: 11 Nays: 0 Motion passed unanimously.
ITEM 10 - GENERAL BUSINESS
Mayor Murphy reminded Council Members that the annual Budget Study Session is scheduled for 10:00 a.m., Monday, August 18, 2008.
ITEM 11 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 12 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 7:55 p.m.
Submitted by:
Margy Greer, City Clerk
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