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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M FEBRUARY 9, 2009
Minutes are not a verbatim transcription, but rather an attempt to capture the intent of the speaker by the City Clerk.
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.
Those present were: Mayor Bob Murphy, Presiding
Diana Allen
Cindy Baroway
Karen Kellen
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
Sue King
Doug Anderson
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.
The Pledge of Allegiance was recited and a moment of silent prayer was observed.
ITEM 4 – ORDINANCE O-2009-8/PUBLIC HEARING – TO REZONE LAND LOCATED AT 2100 YOUNGFIELD STREET CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Tim Cox, City Attorney, stated that the applicant and the neighborhood association had been made aware that staff would be asking for a continuance on this item due to a complaint which was filed with the Planning Commission.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to continue the public hearing on Ordinance O-2009-8 to a date certain of February 23, 2009.
Vote: 11 Ayes. 0 Nays. The motion passed unanimously.
Mayor Murphy recessed the meeting at 7:06 p.m. and reconvened at 7:14 p.m.
ITEM 5 – PRESENTATION – MR. LINCOLN
In honor of the sculpture presentation of President Abraham Lincoln being donated to the City by Greg and Sue Stevinson, a Lincoln impersonator addressed the City Council.
Mayor Murphy thanked Greg and Sue Stevinson for their generosity of the sculpture presented tonight as well as other sculptures they had generously donated to the City throughout the years. A PowerPoint presentation showed some of those sculptures that are placed in City parks and other public places.
ITEM 6 – RECESS
Mayor Murphy recessed the meeting at 7:25 p.m. for the unveiling of the Lincoln Sculpture and a reception.
Mayor Murphy reconvened the meeting at 8:03 p.m.
ITEM 7 – PROCLAMATION – SPAY DAY USA
Mayor Murphy presented a Proclamation to Dr. Picolli and Marino Wilson of Spa Day USA, declaring February 22, 2009, Spay Day Lakewood and encouraging pet owners to spay and neuter their pets.
ITEM 8 – RESOLUTION 2009-6 – APPOINTING A MEMBER TO THE LAKEWOOD BOARD OF ADJUSTMENT
A motion was made by Councilwoman King and seconded by Councilman Quinn, to adopt Resolution 2009-6, appointing Madie Martinek, Ward 2 resident, to the Board of Adjustment.
Vote: 11 Ayes. 0 Nays. The motion passed unanimously.
ITEM 9 – PUBLIC COMMENT
Patricia Jones, 25090 Montana Drive West, Golden, CO, spoke on behalf of citizens of West Metro and the Foothills who want to save Lutheran Medical Center. She said health care choices could severely be curtailed if a certain merger takes place. She gave a brief background of the issue regarding a proposed take over of Lutheran Medical Center, a non-sectarian community hospital. She encouraged residents to get involved in support of health care choices for West Metro and the Foothills.
Steve Donner, 333 S. Pierson, Lakewood, CO, spoke about republic constitutional government and protecting the unalienable rights of the citizens.
Carol Tarpley, 333 S. Pierson, Lakewood, CO, said city government is in serious breech of its responsibility to the citizens of Lakewood. Elected officials have failed to uphold the unalienable rights of the citizens and they fail to listen to the citizens.
Brian Wareing, said the two functions of government regarding citizens are to protect peoples rights and to uphold the constitutional oath of Colorado and the United States. Anything else would be corruption of the common law.
Sean Doherty, spoke about “transparency” in city government and city employee credit card spending.
Max Tyler, 755 Vista Lane, Lakewood, CO, extended “thanks” to City Manager Mike Rock for being a positive force in crafting a modern, thriving, financially sound Lakewood. He noted that an important focus for finding a replacement for Mr. Rock should be on eliminating waste and inefficiency in city government. He suggested that City Council set policies to use lean tools/techniques for management of the City, which should net a more efficient operation.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, said a few months ago, Ward 4 residents discussed some issues about water meters in Lakewood. This is not a City function; rather it’s more about Green Mountain Water. They are putting in new water meters in the Glennon Heights area, and they can be read by satellite.
Dave Weichman, 722 S. Beech Street, Lakewood, CO, invited the public to attend the West Chamber of Commerce quarterly meeting on February 25, 2009, 7:30 a.m., at the Green Gables Country Club. The Executive Director, National Chamber of Commerce, will be guest speaker. He also invited interested persons to be a part of a newly formed “Be Men”, a group headed by Brett Zachman, whose goal is to help persons having family problems.
Gerald Lopez, 1257 Allison, Lakewood, CO, spoke on behalf of a citizen who lost his home to RTD development. He also noted that 13th Avenue needs cleaning due to construction, and that the taxpayers of Lakewood should not have to pay for RTD’s move to Lakewood.
There were no additional public comments.
A brief discussion ensued regarding cleanup of the construction site from Carr to Wadsworth. It was noted by staff they we do not have broad jurisdiction when construction crews are working in their right-of-way. However, City inspectors/engineers are to watch for the clean up of construction site areas.
Council members extended words of appreciation and thanks to city employees and the great work they do.
The City Clerk read consent Agenda Items 10 through 15 into the record.
ITEM 10 – RESOLUTION 2009- 7 – ESTABLISHING A BUSINESS RELOCATION POLICY FOR BUSINESSES RELOCATING WITHIN THE CITY OF LAKEWOOD AS A RESULT OF RTD’S WEST CORRIDOR LIGHT RAIL PROJECT
ITEM 11 – RESOLUTION 2009- 8 – AUTHORIZING A JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT AND A COST-SHARING AGREEMENT WITH THE CITY AND COUNTY OF DENVER, WASTE MANAGEMENT OF COLORADO, INC., CHEMICAL WASTE MANAGEMENT, INC. AND OTHER POTENTIALLY RESPONSIBLE PARTIES CONCERNING THE ASSESSMENT OF POSSIBLE NATURAL RESOURCES DAMAGES CAUSED BY THE LOWRY LANDFILL
ITEM 12 – ORDINANCE O-2009-10 – REPEALING CHAPTER 2.03 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PERSONAL FINANCIAL DISCLOSURE STATEMENTS OF CANDIDATES AND ELECTED OFFICIALS
ITEM 13 – ORDINANCE O-2009-11 – AMENDING SECTIONS 5.38.100, 5.40.060 AND 5.40.100 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO BACKGROUND INVESTIGATIONS OF MANAGERS OF LIQUOR AND FERMENTED MALT BEVERAGE LICENSED ESTABLISHMENTS
ITEM 14 – APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting November 10, 2008
Regular City Council Meeting December 8, 2008
Regular City Council Meeting January 26, 2009
ITEM 15 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Advisory Commission for an Inclusive Community Meeting, November 19, 2008
Liquor and Fermented Malt Beverage Licensing Authority Meeting, November 13, 2008
Planning Commission Meeting, November 19, 2008
Mayor Murphy pulled Item 11, Resolution 2009-8 from the Consent Agenda and placed it under General Business for a separate vote.
There were no public comments on the Consent Agenda.
A motion was made by Councilwoman Kellen and seconded by Councilman Paul, 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 (except Item #11- Resolution 2009-08-Authorizing a Joint Defense and Confidentiality Agreement and a Cost-Sharing Agreement with the City and County of Denver, Waste Management of Colorado, Inc., Chemical Waste Management, Inc. and other potentially responsible parties concerning the assessment of possible natural resources damages caused by the Lowry Landfill) all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk.
Vote: 11 Ayes. 0 Nays. The motion passed unanimously
ITEM 16 – ORDINANCE O-2009-9 – ADDING A NEW CHAPTER 5.53 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE LICENSING OF ESCORT SERVICES AND AMENDING SECTION 9.45.020 AND SECTION 9.50.080 OF TITLE 9 PERTAINING TO PUBLIC PEACE AND SAFETY
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Paul, to adopt Ordinance O-2009-9 on second and final reading.
Vote: 11 Ayes. 0 Nays. The motion passed unanimously.
ITEM 17 – GENERAL BUSINESS
(Removed from Consent Agenda)
RESOLUTION 2009-8 – AUTHORIZING A JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT AND A COST-SHARING AGREEMENT WITH THE CITY AND COUNTY OF DENVER, WASTE MANAGEMENT OF COLORADO, INC., CHEMICAL WASTE MANAGEMENT, INC. AND OTHER POTENTIALLY RESPONSIBLE PARTIES CONCERNING THE ASSESSMENT OF POSSIBLE NATURAL RESOURCES DAMAGES CAUSED BY THE LOWRY LANDFILL
Councilwoman Kellen recussed herself from any discussion or vote on this item stating a potential conflict of interest with her current employment with the EPA.
Councilman Quinn recussed himself from any discussion or vote on this item stating a potential conflict of interest regarding a past contract his firm had regarding Lowry Landfill.
Vote: 9 Ayes. 0 Nays. 2 Recussals (Kellen and Quinn). The motion carried.
ITEM 18 – REPORTS
Mayor and City Council 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 9:03 p.m.
Margy Greer, City Clerk
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