Regular meeting of City Council Minutes - September 8, 2008
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M, September 8, 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

Doug Anderson
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack

Absent: Cindy Baroway

Others in attendance: Mike Rock, City Manager
Tim Cox, City Attorney
Larry Dorr, Director of Finance
Kevin Paletta, Police Chief
Kathy Hodgson, Director of Community Resources
Becky Clark, Director of Community Planning & Development

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 - COLORADO STATE FLAG FLOWN OVER THE U.S. EMBASSY IN IRAQ

Mayor Murphy introduced Staff Sergeant Bryan Solberg of the U.S. Army Reserves.

Staff Sergeant Bryan Solberg said he felt it would be a good idea to bring the Colorado State flag that was flown in Iraq back home to the great City of Lakewood, and to thank the Mayor, City Council and the City of Lakewood for their support of the American Troops in Iraq. He presented a plaque stating the date the flag was flown in Iraq.

Mayor Murphy read the inscription on the plaque and on behalf of the City, City Council and citizens of Lakewood, he expressed thanks to SSG Solberg and all troops deployed everywhere for the honor, duty and self-sacrificing spirit they've displayed in serving their country.

ITEM 5 - PROCLAMATION - APPRECIATION OF THE LAKEWOOD POLICE DEPARTMENT

Mayor Murphy extended thanks and Councilman Peterson read a proclamation recognizing the Lakewood Police Department for their contribution to the 2008 Democratic National Convention.

Kevin Paletta, Police Chief proudly accepted the proclamation on behalf of the Lakewood Police Department and he extended thanks to Mayor Murphy and the City Council for their confidence and support given throughout this process.

ITEM 6 - PUBLIC COMMENT

Brian Wareing, Applewood, noted that SSG Solberg, in what he does, protects and defends the Constitution of this country. Unfortunately, the City Council and various city officials, have lapsed badly. He said the warrant that went along with the armed invasion of Carole Tarpley's home, did not have a listing of things to be seized. A letter was submitted to the City of Lakewood inquiring about a number of things-i.e., names of individuals involved in said "invasion and theft of personal items from the home", all background files that culminated in the invasion, all written notes or complaints there were lodged by individuals or government employees regarding the dwelling and/or Ms. Tarpley. The City responded that no such document existed within the City's custody or control. Some ten questions were submitted and only one was answered. He added that anytime the City of Lakewood commits something that's either illegal, quasi-illegal or partial illegal, the citizens of Lakewood are involved because they own this government and the constitutions that protect them from government abuse. It can happen to anyone at anytime and if it was allowed to happen once, it will happen again. The information sent to Ms. Tarpley gave no information at all in regards to the questions asked by her.

Carole Tarpley, 233 S. Pierson, Lakewood, CO, said she is a 67-year old senior citizen who was ambushed on April 2, 2008 by City of Lakewood Police, Code Enforcement employees and Keesen employees. The experience was reminiscent of an old movie where Gestapo Storm Troopers invaded a person's home. She was treated like a criminal, but not accorded the opportunity to face her accuser. Additionally, she said she was traumatized, intimidated, threatened by Police and robbed by Code Enforcement and their accomplice - Keesen Enterprise. Also, the affidavit used to obtain the illegal entry warrant to invade her home and property on April 2, 2008 was full of lies and fantasies with pictures taken over the fence, further invading her privacy. Possessions taken were items she needed for sustenance, survival and livelihood. Numerous laws were broken and several amendments to the U.S. and State Constitution were violated. She said her life was devastated for no good reason and on numerous occasions she tried to adhere to city code, but could never get specific answers on what was supposedly wrong inside her totally enclosed back yard. Her property is posed "PRIVATE PROPERTY" not "PUBLIC PROPERTY". Also, she's asked for and has not received an inventory of the stolen items and feels that Code Enforcement employees do not have the right to be on a person's private property nor to dictate what is on said property. She feels it is up to the people - owners of the government-to prevent this from happening.

Steven Donner, 333 Pierson S., Lakewood, CO, said he's been a friend with Ms. Tarpley for a long time and they've worked in coordination together to help her and seniors live better lives. The Code Enforcement Dept. for the City of Lakewood is by the City and for the City, public - not private land. He became upset when he attended a meeting with Ms. Tarpley, Jon Holmes and Lois Engbretson where Engbretson actually threatened to do what she did which was to get a warrant and take everything to the ground. Ms. Tarpley's possessions were taken without provocation, without listing, without a reason. He feels sorry for the people who work with Engbretson because of her attitude towards people. He gave his email address for the benefit of persons who've had similar problems with Engbretson and Code Enforcement.

Grace Fink, 9325 W. 9th Avenue, Lakewood, CO, said as a 40-year resident of the City of Lakewood, she's present to support the building of a baseball field for the youths of Lakewood.

Mayor Murphy informed Mrs. Fink that this item is on tonight's agenda and she will be given an opportunity to speak on that item later.

Lori Hoffner, 72129 Zepher Way, Littleton, CO, spoke in behalf of Second Wind Fund to express thanks for the opportunity to speak this afternoon. She noted that Jeff Lamontang has been diagnosed with pneumonia and was unable to make a presentation tonight. In giving a brief history about Second Wind Fund, she said following the 2001-2002 School Year, there were four suicides committed at Green Mountain High School- very tragic events for a population of approximately 1000. Through the combined efforts of the Green Mountain Presbyterian Church, its surrounding community, the City of Lakewood and the City Council for the past five years, the Second Wind Fund has reached out to some 1200 youths who have been referred to the program from throughout the City of Lakewood, Jefferson County and the Denver Metro Area. Some 500 youths have been referred in the 2007-2008 school year. To-date, there has been a 100% success rate of young people who've been referred through the program. She noted that because of the success the Second Wind Fund has had in the City of Lakewood, some 28 additional communities throughout the United States are interested in starting a Second Wind Fund Program of their own.

Sandy Maben, 5251 W. Iliff Drive, Lakewood, CO, spoke about upcoming event sponsored by the Second Wind Fund Program. The Seventh Annual Second Wind Fundraiser, the primary means for raising funds for the program, is scheduled for Sunday, September 21, 2008 beginning at Green Mountain High School and ending at Green Mountain Presbyterian Church. She said this program also impacts middle schools and elementary schools. In Jefferson County, Second Wind has had referrals from 19 high schools, 18 middle schools, and 15 elementary schools. For all persons interested in helping with this event, they can go to the following website www.thesecondewindfund.org or brochures can be picked up from the City Clerk's office.

Mayor Murphy said this is an extraordinary event and he encouraged all to participate.

Michael O'Bierne, Lakewood, CO, spoke about foreign trade zones and international commerce. He feels that the State of Colorado is horridly constrained in the economic development community - it is purely "a pay for play operation" in 64 counties. If you don't pay your fee you don't get past the gatekeeper and that's upsetting. In foreign trade zones, domestically, we are at one-half trillion dollars. He relayed additional information released from the National Association of Foreign Trade Zones, which in part noted that there is a 27% increase in foreign trade zone activities. Historically, Colorado has never booked any commerce to allow foreign trade zone, all-the-while international companies come and go. Our national banking industry is not lending money to commercial interests today. We need to attract international investors, like the British, who actually see a return on investments. He feels that state governors set the tone for commerce in their respective state and, therefore, he would like to discuss this with Governor Ritter. Also, we need to talk about east/west trade with our European and Asian partners.

Mike Muller, Lakewood, CO said our inclusive society has failed again, and he wants to know if there is a written procedure of notifying residents when things are changing in their neighborhood, i.e., zoning issues, etc. If there is a procedure in place, it should be revised so that people are notified of any changes to their respective neighborhoods. Additionally, he noted that many alternatives have been issued by RTD including a huge tax increase, and he wants to know in which way is the Council supporting RTD in regards to the alternatives RTD have submitted. He feels that more and more money is being dumped into the West Line-stops are being improved, sound walls are being in added, and he wants to know when will Council tell RTD that "enough is enough". Tell RTD that what was promised is what we want. This could continue forever until they build it. There has been no construction on 13th Avenue for more than four weeks. He said RTD is in a very bad situation and we (City of Lakewood) have a huge investment in the light rail program. The biggest problem is that RTD is trying to take away a lot of property from a lot of people. He feels the project will go down in flames and we need to stop it now. The train is getting to be way too expensive for our little town.

Public comments were closed.

Councilwoman Kellen asked if there is a Team Lakewood for Second Wind?

Mayor Murphy said yes, you can go online and register under Team Lakewood.

In response to the comments made by the last speaker, Mayor Murphy said construction has been underway for the last four weeks on the West Corridor Light Rail.

Also, he explained why Item 17 - RESOLUTION 2008-59 -- SUPPORTING GRANT APPLICATIONS TO GREAT OUTDOORS COLORADO AND JEFFERSON COUNTY OPEN SPACE JOINT VENTURE GRANT PROGRAM REQUESTING FUNDING FOR PARK IMPROVEMENTS AT COYOTE GULCH PARK AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENTS IF APPROVED, would not be moved up on the agenda.

ITEM 7 - PUBLIC HEARING - PROPOSED 2008 REVISED/2009 BUDGET

Larry Dorr, Finance Director, said the Proposed 2008 Revised and 2008 Budget presentation was given at the City Council's last Study Session. No new information is being presented, and tonight's presentation is geared mainly for citizens present tonight and watching these meeting at home. He gave an overview of the City's Budget and said it is a guide used by the City's Core Community Values and the Belief System, it sets goals and objectives for the City and it serves as a communication device with the public. He said the General Fund will have a reserve of 10% or greater. He mentioned that there are budget requirements by both the State and City Charter. The State budget requirement notes reserves shall not be less than 3%, except for an emergency. City Charter requirements dictate that beginning funds plus reserves shall exceed expenditures; the City Manager shall submit the proposed budget by September 15th; and the budget shall be adopted by November 1st. He said funds are a separate set of accounts that are either Restricted or Unrestricted, and General Fund (unrestricted fund of the City) which is used to provide core municipal services. Also, the majority of the income for the City happens in the General Fund. He said for 2007 revenues exceeded what was expected by a little more than $800,000, and the City's Management Team is working very hard to control expenditures. The City of Lakewood is continuing to add to its economic base and keep its financial position strong. He listed revenues and expenditures for 2008 and noted that a positive amount was shown. He showed the 2009 Budget revenues and expenses, and that ending reserves are anticipated to be positive. He spoke briefly about City improvements that include intersection improvements at Colfax and Youngfield, Colfax and Simms, and Colfax and Kipling. He showed pictures of park improvements at Carmody Pool and Ray Ross Park. The presentation also noted proposed budget updates for 2009, i.e., Light Rail Business Relocation, Light Rail Sound Walls, Insulate Colorado, City of Lakewood 40th Anniversary Celebration, Lakewood on Parade, Mayor's Tree Lighting Event, Recreation Feasibility Study, Carry-Over Funding, and Auditor Changes.

Mayor Murphy asked for public comments on the 2008 Revised and 2009 Proposed Budget for the City of Lakewood. He noted that a second opportunity for public input will be done on September 22, 2008.

There were no public comments on the budget at tonight's meeting.

CONSENT AGENDA

The City Clerk read consent Agenda Items 8-15 into the Record.

ITEM 8 - RESOLUTION 2008-60 -- APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR PARTIAL REIMBURSEMENT OF THE VALUE OF A DRAINAGE EASEMENT AT 1290 HARLAN STREET FOR DRAINAGE IMPROVEMENTS TO DRY GULCH

ITEM 9 - RESOLUTION 2008-61 -- AUTHORIZING THE CITY TO DELEGATE ITS AUTHORITY TO THE CITY OF ENGLEWOOD TO ACT ON BEHALF OF THE CITY IN THE FINANCING OF THE BOY SCOUTS PROJECT

ITEM 10 - RESOLUTION 2008-62 -- AUTHORIZING AN EXTENSION OF THE DEADLINE TO FILE A SERVICE PLAN AMENDMENT FOR FOSSIL RIDGE METROPOLITAN DISTRICT NO. 4

ITEM 11 - ORDINANCE O-2008-24 -- LEVYING TAXES FOR THE YEAR 2008, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009

ITEM 12 - ORDINANCE 2008-25 -- ADOPTING A REVISED BUDGETFOR THE YEAR 2008 FOR THE CITY OF LAKEWOOD, COLORADO, AND FURTHER ADOPTING THE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2009, AND ENDING ON DECEMBER 31, 2009, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON SAID BUDGET SO ADOPTED, ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES, AND SETTING FORTH THE APPROPRIATIONS FOR EACH FUND

ITEM 13 - ORDINANCE 2008-26 -- TO REZONE LAND LOCATED AT 10075 WEST MORRISON ROAD AND 10109 WEST MORRISON ROAD, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

ITEM 14 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting August 11, 2008

ITEM 15 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Head Start Governing Board Meeting, June 2, 2008
Lakewood Housing Authority Meeting, June 23, 2008
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, August 14, 2008
Lakewood Planning Commission Public Meeting, August 6, 2008

Mayor Murphy pulled Item 8 - RESOLUTION 2008-60 -- Approving an Intergovernmental Agreement with the Urban Drainage and Flood Control District for Partial Reimbursement of the Value of a Drainage Easement at 1290 Harlan Street for Drainage Improvements to Dry Gulch to be discussed under General Business.

Mayor Murphy asked for public comments on the Consent Agenda.

Mike Muller, Lakewood, CO, said he is a very big supporter of the Boy Scouts. However, he can see a few things that could possibly go wrong. He asked if the City of Lakewood, is using government bonds to help them move with the City of Englewood. If this is so, he feels that the ACLU will get involved and cause both cities a lot of problems. The Boy Scouts have had numerous problems with gay and lesbian groups, and he wanted to know if this also might cause problems in that we are using government funds/back funds to support the Boy Scouts.

No more public comments were made.

Becky Clark, Director of Community Planning and Development, stated that the Boy Scouts have asked the City of Lakewood to issue bonds on their behalf so that they may save money on the borrowing costs and they would receive a lower interest rate by doing this. Each year, cities are limited in the amount of bonds of this type that maybe issued. The City of Lakewood has other plans for borrowing and cannot be an issuer for these bonds. Therefore, in lieu of that and because of an act known as The County and Municipality Development Revenue Bond Act, the City of Englewood would be able to issue the bonds. We are delegating our issuing authority to them. There is no expense to the City of Lakewood, obligation or debt of any kind. In speaking about our support of the Boy Scout and the redevelopment/reuse of this property, she said the former Integer site was located here before they moved to Belmar and this building has remained vacant since that time (2004), and in 2007 the property was owned by Bradley Petroleum Company. They then sold it to the Boy Scouts of America Denver Area Council. The larger building that's seen from W. 6th Avenue is somewhat antiquated and the funding will be used by the Boy Scouts to renovate this building and to fund two camps - one in Boulder County and one in Albert County. The other building, to the rear, can also be used. A lot spilt was done so that now two different owners can occupy two buildings. We have a good return for lending our support for both properties.

Councilwoman Koop asked about samples of other groups where the City of Lakewood has lent similar support in regards to the bonds.

Becky Clark said this is very unique and we've never done it before, and probably won't do it again.

Mike Rock, City Manager, added that we've done other private activity bonds, but not through the Boy Scouts. Mr. Dorr can provide a recap on this.

Councilwoman Anderson asked about Item 15 - Minutes. In regards to the minutes of the Lakewood Housing Authority, he wanted a copy of Resolution LHA 2008-10 that references the purchase of a building at 575 Union Boulevard by the Lakewood Housing Authority. Also, he wanted to know if any correspondence and/or study session would be done in regards to the changes that have been rumbled about in the community regarding the Lakewood Housing Authority. Additionally, he wanted confirmation that the Lakewood Housing Authority would be moving from its current location (City Hall) by December 31, 2008 and that they have already purchased the property on Union Boulevard.

Mayor Murphy said a copy of the Resolution would be provided and yes, a study session will be held in this regard, and said study session is planned before the first of the year.

Mike Rock said no, he does not believe that the Housing Authority has plans to be moved out before December 31, 2008. It's possible but the schedule is not firmed at this time. Additionally, before any changes are made to the organization, there will be a study session with City Council.

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, with the exception of ITEM 8 - RESOLUTION 2008-60 -- APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR PARTIAL REIMBURSEMENT OF THE VALUE OF A DRAINAGE EASEMENT AT 1290 HARLAN STREET FOR DRAINAGE IMPROVEMENTS TO DRY GULCH

Vote: Ayes: 10 Nays: 0 Absent: 1 (Baroway) The motion passed unanimously.

ORDINANCES ON SECOND READING AND PUBLIC HEARINGS

ITEM 16 - ORDINANCE 2008-23 -- TO REZONE LAND LOCATED AT 10025 WEST 23RD AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

Stephanie Walter, 2484 Kipling Street, Lakewood, CO said she was present to request the rezoning of property located at 10025 West 23rd Avenue from R-2 to PD for the purpose of operating a small family run insurance business. Her family has had this business in Lakewood since 1983. Most of the business/client interaction is done over the phone, fax, and/or email. Client traffic from the past year averaged a total of three to five client visits per week. Additionally, the hours of operation are from 9:00 a.m. to 5:00 p.m., Monday-Friday. They are closed on the weekends. Plans are to install a privacy fence on the west side of the property, and a parking lot/main entrance is planned for the east side of the building. She feels that improvements to the house and landscaping that are planned for the property will enhance the look of the neighborhood and become a real asset to the community. She urged Council to approve this rezoning request.

Shelia Lynch, Community Planning and Development, was present to enter into the record Case File RZ-08-001, and its associated materials, and request that the Council accept all materials and testimony presented at this meeting be a part of the record. Case File RZ-08-001 was presented to the Planning Commission at a public hearing, and was adopted with recommendations as included in the Staff Report

Mayor Murphy opened the public hearing for this case.

There were no public comments.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt ORDINANCE 2008-23 for second and final reading based on Findings of Facts from the Planning Commission dated July 16, 2008.

Councilwoman Kellen extended commendations to the applicants in working with their neighbors and making sure there is a level of acceptance for this proposed change.

Vote: Ayes: 10 Nays: 0 Absent: 1 (Baroway) The motion passed unanimously.

Mayor Murphy asked that Item 8 be re-read for the record.

ITEM 8 - RESOLUTION 2008-60 -- APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR PARTIAL REIMBURSEMENT OF THE VALUE OF A DRAINAGE EASEMENT AT 1290 HARLAN STREET FOR DRAINAGE IMPROVEMENTS TO DRY GULCH

Councilman Anderson stepped out of Chambers due to a conflict of interest on this item.

Mayor Murphy asked for public comments on this Resolution.

There were no public comments on Resolution 2008-60.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-60.

Vote: Ayes: 9 Nays: 0 Not voting on this item: 1 (Anderson) Absent: 1 (Baroway)
The motion passed unanimously

ITEM 17 - GENERAL BUSINESS

The Clerk entered the following Resolution, which was removed from the Consent Agenda, for discussion and vote.

RESOLUTION 2008-59 -- SUPPORTING GRANT APPLICATIONS TO GREAT OUTDOORS COLORADO AND JEFFERSON COUNTY OPEN SPACE JOINT VENTURE GRANT PROGRAM REQUESTING FUNDING FOR PARK IMPROVEMENTS AT COYOTE GULCH PARK AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENTS IF APPROVED

Kathy Hodgson, Director of Community Resources, this Resolution seeks Council approval to pursue funding from Great Outdoors Colorado and Jefferson County Open Space for construction of a ball field located at 2501 South Gladiola Way (Coyote Gulch Park). The park consists of 42.3 acres total. The City of Lakewood has a significant need for baseball fields. In the five wards that make up the City of Lakewood, there are 24 baseball fields - Ward 1 has seven; Ward 2 has six; Ward 3 has seven; Ward 4 has two; and Ward 5 has 2, thus, there is noted lack of ball fields on the western and southern side of Lakewood. The total number of baseball players in the City of Lakewood is 1491 (558 girls enrolled in the softball program and 933 boys are enrolled in junior baseball program).

The association of players who would use the proposed ball field at Coyote Gulch Park as their home field are from the Green Mountain Junior Baseball Association-the feeder high school is Green Mountain High and the association also includes Dunstan Middle School, Devinny Elementary, Foothills Elementary, Green Mountain Elementary, Hutchinson Elementary, and Rooney Ranch Elementary. Staff recommends approval of this request based on the Master Plan for this site, which was approved in 1995. The north end of the property an elementary school was planned. Also, there is a ballpark, a soccer field, some hard-surfaced outdoor courts and a parking lot and all are associated with the elementary school. On the south side of the property, a middle school was planned with two softball fields, a large parking lot and a multi-purpose field (soccer field, tennis courts and other auxiliary type outdoor elements).

Once we heard from R-1 schools that they were not going to build the elementary school on this site, a modified plan was done. She showed a drawing of said modified plan that is much less dense than the elementary school proposed. It includes a single baseball field with a 300 ft. outfield fence in place of the elementary school, and R-1 schools reviewed said modified plan. She also noted that the City spent two years going through the Community Resources Master Planning process, which included numerous public meetings and throughout those meetings we heard over and over the need for additional ball fields, specifically in this side of town, and Coyote Gulch Park was specifically mentioned as a site for a baseball field in the Community Resources Master Plan. That plan was adopted in May 2008. Another reason for recommending that this request is approved is because a private citizen has donated her personal funds (in memory of a loved one) to serve as seed money for matching dollars for additional funds to start the process of construction on this particular field. It's important to know that this donor started a grass roots effort, and when we go looking and asking for potential funds for this project, it is received very favorably when private partners are part of the mix. We are confident that a ball field will meet a significant need in the community, and it will also be a very nice asset in that area once it is completed.

For the benefit of the viewing audience, she gave a brief overview of the package received by the Board, which included the different users for the proposed ball field, various alternatives that show different ways of orienting the ball field, a list of meetings and public forums that were held around this proposed project. Said meetings began in 1993 and continued to be held in 1994, 1995, 2006, 2007 and 2008. There were numerous public discussions about this particular ball field through the Community

Resources Master Plan process. According to NRPA standards, Coyote Gulch is classified as a community park because of its size -- 42.3 acres. A community park is between 20 and 100 acres in size. She noted that if this is approved, Staff would solicit input (orientation of the field, fencing, parking, foul poles, site landscaping, etc.) on the final design for the ball field from the neighbors. There is already a commitment to have no lights on the ball fields. Also, Staff plans to work with and talk to each current homeowner/adjacent neighbor regarding individual preferences for landscaping close to their properties. In a further effort to mitigate concerns from the neighbors, Staff would put together a document that identifies the operating parameters of the park, i.e. no games scheduled on Sundays. Staff would like to have the opportunity for an annual assessment with the community to see how the park is doing (scheduling, etc.) and what type of adjustments can be made to better meet the needs of the community.

Mayor Murphy asked for public comments on this resolution.

The following persons spoke in support of proposed RESOLUTION 2008-59:

Grace Fink, 9325 W. 9th Avenue, Lakewood, CO

Eric Rogers, 13741 W. Wesley Avenue, Lakewood, CO, Vice President of the Green Mountain Junior Baseball Association

Jason Zilly, 13961 W. Cornell Avenue, Lakewood, CO

Debra A. Gonzales, 14441 W. Yale Place, Lakewood, CO

Bob Zachman, 13182 W. Jewell Circle, Lakewood, CO

Mark Holzemer, 1578 S. Wadsworth, Lakewood, CO

Dan Bettis, 122 Zang Court, Lakewood, CO

Briana Peterson, 122 Zang Court, Lakewood, CO

Randy Little, 10590 W. Dakota, Lakewood, CO

Rock Carter, 2284 S. Holman Circle (lives near the park)

Dave Wiechman, 722 S. Beach Street, Lakewood, CO

Reasons for support include:

* New baseball parks are needed in the Lakewood, particularly in this community.
* Athletic activities help to enrich the lives of children who participate in them.
* This is an opportunity to give all children a chance to play in a beautiful area.
* Private funding for the ball field is available and it's needed.
* This is a city park and approval for the ball field has already been adopted.

The following people signed the roster in support, but did not speak at the hearing:

Vince Echland, 11273 W. River Place, Lakewood, CO

Michael Debragh, 2359 S. Ellis Court, Lakewood, CO

Yvette Shetterly, 2525 S. Zang Street, Lakewood, CO

Joe Gonzales, 14441 W. Yale Place, Lakewood, CO

Brad Kidwell, 878 W. Wadsworth, Lakewood, CO

Lisa Abercrombie, 14155 W. Bates Avenue, Lakewood, CO

Billy Cassidy, 2771 S. Coors Court, Lakewood, CO

Michael Duran, 12992 W. Asbury Place, Lakewood, CO

Marc Schutz, 13461 W. Florida Drive, Lakewood, CO

Patti Schutz, 13461 W. Florida Drive, Lakewood, CO

Tate Shetterly, 2525 S. Zane Street, Lakewood, CO

The following persons spoke in opposition to proposed RESOLUTION 2008-59:

Michael Sidebottom, 14341 W. Wesley Circle, Lakewood, CO, President of Coyote Gulch Homeowners Association

Debra Hansen 14345 W. Wesley Circle, Lakewood, CO

Bill Marion, 14345 W. Wesley Circle, Lakewood, CO

Marina Connors, 14347 W. Wesley Circle, Lakewood, CO

David Woods, Lakewood, CO (lives near Coyote Gulch Park)

Kim Ikler, Lakewood, CO (lives near Coyote Gulch Park)

Ralph Hecox, 2450 S. Flora Court, Lakewood, CO (lives across the street from the park)

Brian Wareing, Applewood, CO

Reasons for opposition include:

* The City needs a sports complex more than another baseball field.
* There was no community involvement in the modified plan presented tonight.
* More community input should be given.
* The proposed location is not the place for a baseball field.

No additional public comments were given.

Mayor Murphy said several questions were asked about doing this somewhere else.

Kathy Hodgson said the southern part of Coyote Gulch Park has been designated and reserved for the middle school that will be there at some point in the future. Thus, all that's available on the Coyote Gulch Park site is the northern portion.

Mayor Murphy said there were suggestions that we look at land near C-470 and Alameda interchange, which is not owned by the City for municipal purposes, including ball fields. It's owned by private entities.

Mike Rock said he had two recent conversations with the superintendent of schools (Ms. Cynthia Stevenson) and both times, she reiterated that the school district's current plans still call for the construction of the middle school on the school on the southern site. Therefore, the idea of moving the ball field to that site does not work. Land around the interchange is in Jefferson County, it is not Lakewood land. Regarding the cost of $80,000 to buy land to build three or more fields, there is no land in Lakewood at that cost. Eighty thousand would not purchase an acre. This land was dedicated to the City for parks, recreation and school purposes. To go out and buy land when you already have it dedicated for a specific purpose would not be economically viable. There has been numerous discussion with the Federal Center about the southeast corner of the Federal Center, which consists of approximately 80 acres. There are some ditches and other terrain features that might make less of it usable. We are in long-term discussions with them as to whether a portion of that land might be available for athletic purposes. If it is acquired for athletic purposes, it needs either to be purchased or leased at market value; it would not be a gift. It could be a multi-year process, and the funds would need to be raised to actually construct the facilities, and discussions would be held to determine what those facilities would be, i.e., soccer, midget football, baseball/softball, hardball, adult league, youth league, etc. All those discussions are yet to occur. He anticipates that we are three to five years away from making the threshold decision as to whether or not the land might be made available to the City and the same amount of time to determine what the use would be and the funding sources.

Councilman Quinn wanted to know who was invited to the public meeting held on October 25, 2006 at Rooney Ranch Elementary School, what was presented at that meeting, the purpose of the meeting, and the number of comments received and if any follow-up was done.

Kathy Hodgson said 3000 invitations were sent out to residents who live along Alameda down to Morrison from Bear Creek Boulevard to C-470. The modified plan (single ball field in the northern part of the site) as presented tonight, was presented at the October 26, 2006 meeting. It was a public meeting to discuss a change in plans from the original plan that was adopted in 1995, due to the response from R-1 Schools that they were not going to build the elementary school on the northern portion of the site. Approximately 140 -150 comments were received. Some follow-up was done and at the Ward 4 meeting held on July 12, 2008, some 160 invitations were sent to the people who registered comments (pro-con or otherwise). City Staff from Community Resources was present at this meeting. She also noted that if approval is received at tonight's meeting to apply for grants, the next step is to have intense public meetings to solicit feedback regarding specific design alternatives in response to the comments received from the community, which relate to orientation of the ball field on that site in the northern portion as well as parking and other things. These public meetings would take different formats -website/email, open house, etc., in order to get as much feedback as possible.

Councilwoman Stack asked if there was an opportunity in the future, if the school district decides not to develop the middle school, to expand the fields.

Kathy Hodgson said as noted by Mike Rock, the school district intends to build a middle school on that site. So for us, that is not an option. Although the middle school is not identified in their next bond election, they anticipate it being included in a following election. We have committed to reserve that site for the middle school that's planned there, so there won't be additional builds.

Councilman Paul said he supports this project 100%. However, there are some people who did not attend tonight's meeting that don't support it. The problem with Lakewood and the western edge is that it is an infill community. People move in and they are used to open space and they automatically identify it as "their" open space. No representatives were present from Jackson Park neighborhood, where they have year round usage of the park with no parking lots. Residents there have cars parked in front of their homes constantly. So, yes, there is a need. For some the need is anywhere but here. He commended Mrs. Hodgson for the work she and her staff have done, and noted that there is still plenty of room for input and he wants to make sure that we reach out to the community in this regard. He supports this project and he also supports the residents around the park to try and make this the best for all involved.

Councilman Anderson said it's difficult for him to try and find a common ground when hearing concerns from neighbors that differ completely. He extended thanks to Councilman Adams, Mrs. Rogers and Kathy Hodgson for their involvement with this project. He will support the resolution, however, he feels that the biggest concern everyone shares is the process and how can we make the process work a little bit better.

Councilwoman King said there was some mention of noise. She is in favor of this project. She stated that her house backs up to the ball field at Addenbrooke Park and to her the sound of people having fun is not noise.

Councilwoman Koop wanted to know if this resolution is approved, you go forth with grant funding and neighborhood meetings are done. When can we expect this park to be finished?

Kathy Hodgson said it depends on whether or not we're successful in getting the grant funding. Council action tonight is allowing Staff to apply for grants. If we are successful, we're looking at the next 12-14 months for the entire process. If we are not successful and the project is not adequately funded, we will continue to solicit funding until we have all that's needed to make the project work. If all things go well, we're hoping to have it completed and ready for use by the end of 2009.

Councilwoman Koop said she will support this resolution. In the six years the park in her Ward has been used, there've been no complaints about juveniles doing bad things at the baseball parks. Whenever we can get our youth involved in team sports, it's a good thing.

Councilwoman Stack also extended thanks to Kathy Hodgson and all involved. Speaking from experience as an athletic coach/director, she added that sports fields draw children and their families from the neighborhoods to come and watch the participants have a good time. In her coaching experience, they have allowed children who are not a part of playing teams, to be a part of the fun. She will support the resolution.

Mayor Murphy said he understands the frustration in the process. As public policymakers, one thing that's very difficult is that usually in land-use cases such as this, the decision on how a piece of property is to be used is oftentimes made a long, long time ago, and it takes a while for such things to evolve and actually come to fruition. One example is Aviation Park in Ward 2-it took many years for it to happen and when you're talking about public funds, sometimes it takes a long time. The decision on how this property was to be used was made a long, long time ago and we're now in the implementation phase. He, too, extended thanks to Kathy Hodgson and her staff, and said we will continue to work closely with the neighborhood. Also, he will support the resolution.

A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt RESOLUTION 2008-59.

Councilman Peterson acknowledged that Kathy Hodgson and her staff went the extra mile in getting this project to this point. He also extended thanks/appreciation to the citizen who volunteered her emotional and financial support to the children in the City of Lakewood in regards to this community park.

Councilwoman Allen expressed thanks to the donor and said she hopes we get the funding-it will be good to have another ball field in town.

Vote: Ayes: 10 Nays: 0 Absent: 1 (Baroway) The motion passed unanimously.

ITEM 18 - REPORTS

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

ITEM 19 - ADJOURNMENT

There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:20 p.m.

Submitted by:
Margy Greer, City Clerk