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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M, November 10, 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
Doug Anderson
Cindy Baroway
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Tom Quinn
Vicki Stack
Absent: Ed Peterson
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 - PROCLAMATION - Mile High United Way
Mayor Murphy read the proclamation recognizing November 2008 as Mile High United Way Month.
ITEM 5 - PUBLIC COMMENT
Jim Burmeister, 10320 W. 13th Place, Lakewood, CO, said his property was one of the initial ones proposed by RTD, within the boundaries, for sound walls. However, from the initial period to now, his property has gone from "high impact" to "no impact", and he wanted clarification as to the criteria used in this regard.
Michele Wiechman, 722 S. Beech Street, Lakewood, CO, spoke in behalf of the Green Mountain Water and Sanitation District, to let residents know of their upcoming meetings. She noted that for 2009 there is a budget proposal increase for the following services: water rates are to be increased by 16%; sewer rate increase of 38%; operations rate increase of 18%. Residents in the Green Mountain area are encouraged to review the budget and give comments accordingly. The next meeting is scheduled for 6:00 p.m., December 8, 2008 at their office on Utah.
Newt Vaughn, 8443 Hawaii Drive, Lakewood, CO, spoke about the abuse of free meals by City employees, and in speaking with other citizens in this regard, they too feel that city employees are not owed a free meal, only a salary. Also, tax dollars sent to the school district are to teach our children in school and not to purchase staff meals. One printout he received showed over $14,000 was for free lunches. He does not approve of his tax dollars being spent for water and soda pop for city employees. He feels there is a need for transparency in government.
Carol Tarpley, 333 S. Pierson, Lakewood, CO, said she's the senior citizen whose home and property was ambushed/invaded by the City's Code Enforcement Department, the police and Keystone employees. She feels she was treated like a criminal and the ambush/invasion was totally unjustified. She said her rights have been violated with no justification, and the City of Lakewood owes her for possessions she said were stolen by City employees, harassment, trauma, terror, damage to her health (and that of her friend Steve). She demands that City Council behave like responsible elected officials.
Brian Wareing, Applewood, CO, said on October 28,he spoke in length to City Attorney Tim Cox in regards to scheduling a meeting regarding the armed invasion of Carol Tarpley's home. The meeting is scheduled for November 13, 2008. He mentioned that many unconstitutional armed invasions occur in the City of Lakewood.
Steve Donner, Lakewood, CO, said he is representing Carol Tarpley, himself, and the citizens of Lakewood, and feels that City Attorney Tim Cox should meet and talk to them in a reasonable manner. Council wants to better the City, but they do not want to do the one-on-one accountability that's necessary for any business to stay alive and viable. He feels Mrs. Tarpley was wrongfully invaded, unnecessarily abused, and tortured for the lack of a non-response by the City and Code Enforcement. There is no reason to single out Mrs. Tarpley because there are so many similar types of property within the 10-block area. Zoning is a public domain and does not apply to private property as that of Mrs. Tarpley. He was here to remind Council of their job and responsibility to the Citizens of Lakewood.
Ann Johnson,10350 W. 13th Place, Lakewood, CO, said she appreciates efforts by Mayor Murphy in contacting RTD about the sound walls. As things now stand, she feels sound walls would provide the only protection against noise and provide privacy and security to the residents. She asked that if Council do not like sound walls, that they please come up with other options. Also, she felt it was a good gesture on the part of Council to want to help (via additional mitigation) the light rail residents, but felt it unjust to help some and not others. She suggested that Council consider committing sufficient funds to also invest in the rest of the corridor to make it functional and beautiful.
Dan Bernt, 10405 W. 13th Place, Lakewood, CO, spoke about his concerns of the light rail project and how it affects the residents. RTD promised a sound wall to the residents and now they are backing out. There are a lot of injustices being done, and he feels Council can and should do something about it.
Tom Birney, 10400 W. 13th Place, Lakewood, CO, wanted to thank Mayor Murphy for sending out that letter to RTD about the sound walls. He said RTD told the residents that they have until November 30, 2008 to decide on the sound walls. He wanted to make sure things get resolved and there's a positive and correct outcome in regards to the sound walls.
Richard Webb, 10250 W13th Place, Lakewood, CO, had concerns regarding sound walls and wanted to know the distance between house and tracks, and how the sound wall would reflect the residents. Data he requested from RTD has not been received. He will send questions/concerns to Council
Randy Little 10590 W. Dakota Ave., Lakewood, CO, said Council is for helping the public and doing the right thing. He noted that before coming to Council meeting tonight he attended a meeting with St. Anthony's, GSA and RTD representative who was prepared to answer questions, but no one showed up. We can't put sound walls up all over the City. He commended Council for their efforts.
Public Comments was closed.
Mayor Murphy said he did sent a letter to RTD asking that they reconsider their decision to revote the sound walls. Clarification is needed in regards to their decision.
Councilwoman Baroway said elected officials and RTD will meet this Friday at 7:30 a.m. at the Heritage Center on Yarrow. Members of the public are invited to hear an update on the progress of RTD.
Tim Cox, City Attorney, said in an effort to set the record straight regarding Mrs. Tarpley, Staff is doing what they can to resolve the matter. He and Mr. Wareing did talk and they agreed to a phone call the next day, where they talked at length and scheduled a meeting. Mr. Cox said he told Mr. Wareing the only condition for the meeting is that sometime before the meeting Mr. Wareing would need to provide a specific proposal for trying to resolve this case. They do not want to litigate the case and neither does the City. The meeting is scheduled for November 13, 2008. As of today, he (Cox)has not received a proposal from Mr. Wareing or Mrs. Tarpley, so he's not sure what they want to do. He said Mr. Donner has not attempted to contact him.
Councilman Anderson said he appreciates the efforts by Commissioner Wiechman in regards to the Green Mountain Water District and informing the residents of the proposed rate increases. He, too, encouraged the residents to review the budget and the proposed increases and to give their input.
Councilwoman Stack said neither she, nor some of the other Councilors, were
informed/aware of the St. Anthony's, GSA and RTD meeting mentioned by Mr. Little,
and she feels if they didn't know about the meeting, neither did the residents.
Additionally, and on behalf of residents on 13th Avenue, she said they are not
ignoring something that impacts them in this way.
CONSENT AGENDA
Consent Agenda Item 6 and Item 7 were read into the Record by the City Clerk.
ITEM 6 - RESOLUTION 2008-72 - ESTABLISHING PROJECTS AND FUNDING LEVELS IN THE
2009 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM
ITEM 7 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, October
9, 2008
There were no public comments.
Councilman Anderson asked that ITEM 6 - RESOLUTION 2008-72 - Establishing Projects
and Funding Levels in the 2009 One Year Action Plan For the Community Development
Block Grant (CDBG) Program and Home Investment Partnerships (HOME) Program be
pulled from the Consent Agenda for separate vote.
Mayor Murphy said Item 6 will be removed from the Consent Agenda and placed under General Business.
A motion was made by Councilwoman Allen and seconded by Councilman Quinn, to accept all minutes for Boards and Committees which are included in the Consent Agenda Items, for the record and introduced by the City Clerk, excluding Item 6.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Peterson) The motion passed unanimously
END OF CONSENT AGENDA - ORDINANCES ON SECOND READING AND PUBLIC HEARING
ITEM 8 - ORDINANCE O-2008-28 - AUTHORIZING CONVEYANCE OF TWO EASEMENTS TO THE FOSSIL RIDGE METROPOLITAN DISTRICT NO. 1; ONE FOR A SANITARY SEWER AND RELATED APPURTENANCES AND THE SECOND ONE FOR IRRIGATION LINES AND RELATED APPURTENANCES, ACROSS PROPERTY OWNED BY THE CITY, LOCATED WITHIN TRACTS H, K, J AND L, SOLTERRA SUBDIVISION FILING NO. 2
Jay Hutchison, Director of Public Works, gave a brief presentation on utility easement to the Fossil Ridge Metropolitan District for sanitary sewer and irrigation lines across property in the Solterra Subdivision, and easement to Consolidated Mutual Water Company for a water line across property owned by the City of Lakewood located in the Solterra Subdivision.
There were no public comments.
A motion was made by Councilwoman Allen and seconded by Councilman Quinn, to adopt Ordinance 0-2008-28 for second and final reading.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Peterson) The motion passed unanimously
ITEM 9 - ORDINANCE O-2008-29 - AUTHORIZING CONVEYANCE OF AN EASEMENT TO CONSOLIDATED MUTUAL WATER COMPANY FOR A WATER LINE AND RELATED APPURTENANCES ACROSS PROPERTY OWNED BY THE CITY, LOCATED WITHIN TRACT H, SOLTERRA SUBDIVISION FILING NO. 2
Mayor Murphy said Mr. Hutchison's presentation for Item 8 also covered Item
9.
He asked for public comments.
There were no public comments.
A motion was made by Councilwoman Allen and seconded by Councilman Quinn, to adopt Ordinance 0-2008-29 for second and final reading.
Vote: Ayes: 10 Nays: 0 Absent: 1 (Peterson) The motion passed unanimously
ITEM 10 - GENERAL BUSINESS
RESOLUTION 2008-72 - ESTABLISHING PROJECTS AND FUNDING LEVELS IN THE 2009 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM
Mayor Murphy reminded Council that this item was discussed at last week's Study
Session.
He asked for comments.
Councilman Anderson said he is comfortable and ready for a vote.
A motion was made by Councilwoman Allen and seconded by Councilman Quinn, to adopt Resolution 2008-72.
Vote: Ayes: 9 Nays: 1 (Anderson) Absent: 1 (Peterson) The motion passed.
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 7:56 p.m.
Submitted by:
Margy Greer, City Clerk
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