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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M March 9, 2009
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 – PRESENTATION OF FLAG/PLEDGE OF ALLEGIANCE
Girl Scout Troup 3322 performed a flag presentation and led the Pledge of Allegiance. A moment of silent prayer was observed.
ITEM 4 – PROCLAMATION – GIRL SCOUT WEEK
Mayor Murphy presented a proclamation to Girl Scout Troup 3322 recognizing the week of March 8-14, 2009 as Girl Scout Week in the City of Lakewood.
ITEM 5 – PRESENTATION – LAKEWOOD LEGACY FOUNDATION GRANT
Kevin King, President of Lakewood Legacy Foundation, presented an award to City of Lakewood employees.
Mayor Murphy accepted the award on behalf of Lakewood employees.
Mr. King also announced the Annual Golf Tournament to be held on May 16, 2009. He noted that this source of revenue for the Lakewood Legacy Foundation is a major fundraiser activity. The Foundation also made a $1500 contribution to the Senior Resource Center.
ITEM 6 – RESOLUTION 2009-9 – APPOINTING AND RE-APPOINTING MEMBERS TO THE CITY OF LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman King and seconded by Councilman Quinn, to adopt Resolution 2009-9 appointing Theron J. Bell, Eric Dellinger, and Jeana Capel-Jones to the City of Lakewood Advisory Commission for An Inclusive Community for a three-year term beginning March 10, 2009 and ending December 31, 2011.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 7 – PUBLIC COMMENT
Dorothy Wisecarver, 8655 Meadowlark Drive, Lakewood, CO, feels that City Council held an illegal Executive Session at Estes Park during a recent retreat at that location. She referred to the City Charter that clearly states all official city meetings of the City Council and those of any Boards, Commissions, and Committees, shall be held within the corporate boundaries of the City of Lakewood, and shall be opened to the public, except for Executive Sessions. She stated that No. 20 meeting of the Home Rule Charter Commission confirms the fact that Executive Sessions are to be held within the city limits. She suggested that City Council follow its own suggestions and support the City of Lakewood by holding all City Council meetings in Lakewood.
Tim Cox, City Attorney, said City Council has held retreats outside of the City for many years and it is not uncommon for governing bodies to have these kinds of retreats. The retreat referred to by Mrs. Wisecarver was publicly noted in accordance with the Charter and State requirements. In trying to determine if the Council could meet outside the city limits, the question came up as to what is a meeting versus what’s an official meeting, and after an extensive research, it was determined that the term “official meeting” is not defined in the Charter nor the State statute – there is no distinction between the terms meeting and official meeting. He noted that non-official meetings, (i.e. retreats, study sessions, etc.) could be held outside city limits. He agreed with Mrs. Wisecarver that Executive Sessions are not opened to the public, and he added that any meeting of the Council can be recessed for Executive Session by two-thirds vote. A vote to hold an Executive Session is not recognized as an official vote to take action as would be for a resolution, ordinance, etc. Thus, to vote to hold an Executive Session does not constitute formal action in that it does not transform the meeting to an “official meeting” as noted in the Charter.
As discussion ensued, Councilman Anderson wanted to know why there are minutes from this retreat when no minutes were done at past retreats.
Margy Greer, City Clerk, said minutes need to be taken anytime there is an Executive Session, and no Executive Sessions were held at prior retreats.
Tim Cox added that minutes of Executive Sessions are done because it is a requirement under the Open Meetings Law that there is a record of the motion and action taken to hold an Executive Session.
Discussion continued and Councilman Anderson said there maybe some benefits to having meetings without distractions, but it still serves the public’s interest to have the meetings in Lakewood, especially since there are so many public buildings with sufficient space in Lakewood that have been paid for by taxpayers’ money.
Dave Weichman, 722 So. Beech Street, Lakewood, CO, said as a Green Mountain representative of the West Metro Fire District Board of Directors, he wanted to inform Council and its listeners that in March 2009, they hope to have prescribed burns on Green Mountain. He also noted that Alameda Station will be replaced this year and a Public Open House is scheduled for 7:00 p.m., March 25, 2009 at Foothills Elementary School. He also reminded everyone of the Belmar Optimist Club’s fish fry that’s being held every Friday, with proceeds being donated to Alameda High School. He gave an additional reminder that the Extra-Ordinary/Ordinary Breakfast is April 1, 2009 at Sunrise/Sunset Restaurant, and the Good News Breakfast is on April 25, 2009 at the Fairgrounds.
Sherry Collins, 1307 S. Jay, Lakewood, CO, said she’s tired of the City Council, the City Attorney and the City Manager interpreting the City Charter, especially with regards to meetings outside the city. She said Colorado Law CR S24.6.402(b) requires that all Executive Sessions be conducted as a regular meeting or special official meeting and done within the city limits.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, wanted to know how much money will the taxpayers have to give to RTD and why is the City Council thinking of ways to use taxpayers’ money. He feels that the City of Lakewood should hire someone to manage the taxpayers’ money, and do not allow RTD to take over the City. He extended thanks to Mike Rock and his crew for cleanup done on 13th Street and Ammons. However, residents on 13th Street are still waiting for Consolidated to pay for water damage done to their homes.
Steve Donner, Lakewood, CO, said he’s upset that City Council does not follow its own laws.
Brian Wareing, Applewood, CO, said Council members, as elected officials, have the responsibility to protect unalienable rights of the citizens of Lakewood. He feels actions regarding RTD, Coyote Gulch, Carole Tarpley, are against the people and are unconstitutional. He said quasi-judicial is not only legal fiction, but also a semantic fraud in that it seems to be something that it is not. He wanted to know how is it possible for Council to abridge the constitution with ordinances, statutes, and codes, and how is it possible to further usurp the constitution with an even more dubious legal fiction as quasi-judicial. How can quasi-judicial be enforced and why did Council allow it to steal the rights of the people and therefore break their obligation to defend the citizens’ rights?
Roger McCarville, Arvada, CO, spoke about victimless crimes done by Code Enforcement to good citizens and property owners. He asked about the costs property owners must incur because of Code Enforcement regulations and needless inspections of persons who do not want or need to be inspected. He said the City Attorney continues to make loopholes for City Council to go out of town to conduct business.
Sean Doherty, Lakewood, CO, said he’s speaking from the perspective of the future generation and hope for change. He asked Council to take another look at the City’s situation with RTD, Carole Tarpley and the Coyote Gulch ball field. He feels that a person’s property rights must be respected so that the community does not fall apart.
Carole Tarpley, Lakewood, CO, commended the Council in its decision regarding the rezoning case of Tafolino’s Restaurant. She asked that they revisit and revote on the Coyote Gulch baseball park, and do not allow an unwanted ball field in a residential neighborhood. She said the City should discontinue any further development of the RTD money pit rip-off and observe the unalienable rights of the affected citizens. She also stated that the City of Lakewood owes her for the property they stole, the damages associated with the invasion, and the unlawful assessment lien against her home. She asked that the City drop the lien on her home and to discontinue the unlawful assessment liens of others.
Following a brief discussion, Council agreed that an unconditional meeting will be held with all persons involved to seek resolution of Mrs. Tarpley’s concerns.
Charley Abel, Lakewood, CO, said the Charter Commission tapes in the City Clerk’s office are clear in that if a vote is done by City Council, it has to be done in the City of Lakewood’s boundaries. He asked Council to not change the intent by contorting the meaning.
Randy Little, 10590 W. Dakota Avenue, extended thanks to Mayor Murphy and Council members for their attendance at various public meetings. He did a tour of the parks in Ward 4 and was thankful of the progress done. He also spoke about the fun of being asked to serve on jury duty, and said a lot of good is being done in Lakewood.
Max Tyler, Ward 2, briefly spoke about transparency and citizens’ involvement. He noted that the City of Lakewood offers citizens the opportunity to learn how planning works through the Lakewood Citizens’ Planning Academy and Civics 101 and there is no cost for the classes. He urged all to try out these opportunities and he commended the Council for a job well done, as he noted that he’s proud to be a citizen of Lakewood.
Bill Martin, Arvada, said City Council is trying to side-step its duty and the buck stops with the Mayor and City Council.
Fred Clifford, 11405 W. 17th Place, Lakewood, CO, said he wanted to know why there was no explanation given for the “yes” votes on the recent rezoning of Tafolina’s restaurant. Also, he briefly spoke about the lack of citizens’ privacy due to satellite surveillance.
Public comments were closed.
Mike Rock, City Manager, said there is no satellite surveillance in the City of Lakewood.
Mayor Murphy explained that in the Tafolina rezoning case, the “yes” vote was to uphold the facts and findings submitted by the Planning Commission, thus, no explanation was needed.
Councilwoman Kellen indicated that what a person may do on his/her property could have a negative impact on the neighbors, and Code Enforcement did its job in citing persons who violate the city’s codes, and it’s their responsibility to protect the neighborhood.
Councilman Paul noted that in regards to the Coyote Gulch, the ball field will benefit some 400 children in the City of Lakewood.
Councilwoman Allen asked persons to imagine how bad things would be in the City of Lakewood if we didn’t have a Code Enforcement Department. She also mentioned that sometimes we can help and sometimes we cannot.
CONSENT AGENDA
Consent Agenda Items 8 – 11 were read into the Record by the City Clerk.
ITEM 8 – RESOLUTION 2009-10 – FOR THE APPROVAL OF THE 2009 EDGEWOOD NEIGHBORHOOD PLAN AS AN AMENDMENT TO THE LAKEWOOD COMPREHENSIVE PLAN.
Mayor Murphy asked for comments.
Pam Benigno, 2250 Teller Street, extended thanks to all involved with the Edgewood Plan. She said this plan helps the neighborhood to move forward with enhancements of the area.
Julia Burroughs, Planning Commissioner, Ward 2, likes the process used to develop this neighborhood plan. She said it benefits and provides a unique identity to the neighborhood, and she feels the residents will work hard to make this plan a success.
Councilwoman Baroway commented that it was a great experience to work on this plan and Staff did a great job in getting the residents in the area involved.
Councilwoman Kellen and Councilwoman Koop agreed, and extended thanks to Staff.
ITEM 9 – ORDINANCE O-2009-14- REPEALING ORDINANCE O-2005-21 AND DESIGNATING THE DENVER POST AS THE OFFICIAL NEWSPAPER FOR PURPOSES OF PUBLICATION OF ORDINANCES, PUBLIC HEARINGS, AND OTHER MATTERS; AND FURTHER DECLARING AN EMERGENCY
ITEM 10 – APPROVING MINUTES OF CITY COUNCIL MEETING
City Council Planning Session January 30/31, 2009
ITEM 11 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Advisory Commission for an Inclusive Community Meeting, January 21, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, December 11, 2008
Liquor and Fermented Malt Beverage Licensing Authority Meeting, January 8, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, January 22, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, February 12, 2009
Mayor Murphy asked for comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to approve Council Minutes, accept all minutes for Boards and Committees, order all ordinances introduced on first reading to be published into the Denver Post 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.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 12 – ORDINANCE O-2009-12 – APPROVING AND AUTHORIZING A LEASE/PURCHASE AGREEMENT FOR GOLF CARTS FOR USE AT THE HOMESTEAD GOLF COURSE
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-12 for second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 13– ORDINANCE O-2009-13 – AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT FOR A WATER LINE AND RELATED APPURTENANCES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS OUTLOT C, LAKEWOOD ESTATES FILING NO. 2 AT APPROXIMATELY WEST ADRIATIC PLACE AND SOUTH LAKE ROAD, LAKEWOOD, COLORADO
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-13 for second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 14 – GENERAL BUSINESS
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to hold an Executive Session following this meeting for the purpose of discussing a personnel matter.
Vote: Ayes: 10 Nays: 1 (Anderson) The motion passed.
ITEM 15 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 16– ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:53 p.m.
Submitted by:
Margy Greer, City Clerk
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