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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M. April 13, 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 – PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited and a moment of silent prayer was observed.
ITEM 4 – PROCLAMATION – WEEK OF THE YOUNG CHILD
In conjunction with the National Association for the Education of Young Children, Mayor Murphy presented a proclamation to the Lasley Head Start Program, designating the week of April 12-18, 2008 as Week Of The Young Child in the City of Lakewood and urging all citizens to support the needs of young children in the community.
Mrs. Sherry Patterson, Lasley Head Start Program, graciously accepted the proclamation and with assistance from members of the Head Start Program and they presented gifts of herbs to each Council member.
Mayor Murphy made an adjustment to the agenda and asked the City Clerk to read
Item 6 into the Record.
ITEM 6 – PRESENTATION – CITIZEN COMMENDATION
Kevin Paletta, Police Chief, presented the Lakewood Police Department’s Citizen’s Commendation to Mike Ward for his quick actions in preventing the continuation of an obvious danger to the community and its citizens.
Mr. Ward was present to accept the commendation.
ITEM 5 – PROCLAMATION – EARTH WEEK
Mayor Murphy presented a proclamation recognizing April 20-24, 2009 as Earth Week. Accepting the proclamation was Jonathan Wachtel, City of Lakewood Employee’s Committee for Sustainable Lakewood.
ITEM 7 – PRESENTATION – SUSTAINABILITY AWARDS
Councilman Quinn said the Sustainability Awards were established in 2008. He gave brief background information on each category, as Mayor Murphy presented Sustainability Awards for Defender of the Planet Award; ECO Employee Award, Community Sustainability Award and the Mayor’s Sustainability Award.
Words of gratitude and thanks were extended to Whole Foods for providing food and refreshments for tonight’s reception; to artist Bob Betting for the plaques; and to Bouquets in Belmar and Custom Sport Trophies for the bamboo arrangements.
ITEM 8 – RESOLUTION 2009-17 – APPOINTING A MEMBER TO THE CITY OF LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman King and seconded by Councilman Quinn, to appoint Barbara Heckle to the Lakewood Advisory Commission for an Inclusive Community to serve a three-year term ending December 31, 2011.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 9 – RESOLUTION 2009-18 – REAPPOINTING AND APPOINTING MEMBERS TO THE LAKEWOOD PLANNING COMMISSION
A motion was made by Councilwoman King and seconded by Councilman Quinn, to reappoint George Brown, III as the Ward 5 regular member to the Lakewood Planning Commission and to appoint Carrie Mesch as the At Large member to serve a term commencing April 1, 2009 to March 31, 2013.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 10 – PUBLIC COMMENT
Steve Anderson, 5245 W. Ohio, Lakewood, CO, spoke about coyotes that attacked and killed his pet. He said coyote dens are on new property purchased by the City, near Ray Ross Park. He’s tried several methods to scare them away and nothing seems to work—they just move from one place to the other. He feels the City should do something to help with this problem.
Mayor Murphy expressed condolences to Mr. Anderson in the loss of his pet. He also cautioned everyone that this is denning season for coyotes. He noted that active measures are being taken by the City to help with this problem.
Brian Wareing, Applewood, spoke about leins on one’s personal property. He thought that a resolve was reached regarding Carole Tarpley’s property, but apparently, this is not true.
Steve Donner, Lakewood, said City Council members do not know what they are doing and they don’t care about senior citizens.
Carole Tarpley, Lakewood, said the City has placed an unlawful assessment lien on her home, and because of this, her mortgage payment has increased by 72%. Also, she holds the City of Lakewood as being responsible for the theft of her property.
Tim Cox, City Attorney, said a meeting was held at City Hall on March 18, 2009 with Ms. Tarpley, her attorney and others. A proposal was made to her that would reduce the lien amount to $500. He explained the proposal to her and asked that she think about it. As of this date, he has not received a response from Ms. Tarpley regarding the proposal offered. In reference to her mortgage increase, it appears that the mortgage company paid the lien on her property so that it would not go into tax sale.
Councilman Anderson encouraged Ms. Tarpley to take the offer. He also wants City Council to review and perhaps change the policy on code enforcement so this won’t happen to other citizens.
Councilman Quinn said what happened is not unconstitutional – City employees did their job.
Mark Sorency, Lakewood, CO, owner of Flex Gym, extended thanks to City Council members for the job they do. He gave a brief history of Flex Gym, a local small business, and explained that he has a loan from U S Bank, who received approximately $6,000,000 in bailout funds. As a small business, Flex Gym is trying to keep workers employed. He asked the bank to add additional terms (two years) on the note. His request was denied even though he’s current on the loan and has made payments on time. He asked City Council to influence some level of accountability, on the local level, regarding the huge bank bailout. Where is the help for small businesses? What are the banks, like US Bank, doing on a local level for small businesses with the bailout funds they received? He’s not asking for a “bailout”, but only to get help so as to maintain jobs for his employees.
Gerald Lopez, 1257 Allison, Lakewood, CO, said RTD has a responsibility to save the trees on 13th Avenue and to preserve Lakewood’s history. He noted too, that citizens should know their property rights and that the City Council should listen to Carole Tarpley. Additionally, he said street crossing time limits should be reviewed.
Amy Attwood, 2327 S. Devinney Street, Lakewood, CO, announced her intent to run for City Council representative, Ward 4, in the upcoming November 2009 election. She gave reasons why she feels qualified to be a City Council Representative.
Jeff Lamontayne, 571 S. Taft Street, Lakewood, CO, co-founder and Executive Director of Second Wind Fund, said they provide professional counseling services to youths who are deemed at risk for suicide and who are not insured or underinsured. He spoke about the services they have provided to some 1600 students in the Denver Metro area. He announced that because of all the support they’ve received, this year the Annual Walk-Run-Ride event, scheduled for September 20, 2009, will be held at the Jeffco Fairgrounds because they need more space to accommodate the anticipated 3000 plus participants. He extended a “thank you” to Mayor Murphy, City Council and the City of Lakewood for their past and continued support.
Randy Little, 10590 W. Dakota, Lakewood, CO, spoke about Lakewood’s Advisory Commission for an Inclusive Community and that the members are hard workers for the City of Lakewood. He extended thanks to Staff members Joni Inman and Erma Steck and all members of the Commission for the great work they do.
James Mace, Ward 1, Lakewood, CO, talked about the dangers of crossing the streets outside of the crosswalks, and that he has spoken to Ward 1 Councilwoman Vicki Stack in this regard.
Mayor Murphy noted that some adjustments to the “count-down” timer, where applicable, will be done. Also, he said that a reminder concerning the danger of crossing the streets outside of the crosswalks will be placed in “Looking At Lakewood”.
Councilwoman Stack acknowledged that she had a conversation with Mr. Mace regarding the danger of jaywalking. She also noted that this danger should be presented to students in the area schools.
Dave Wiechman, 722 S. Beech Street, Lakewood, CO, extended a “thank you” to the Lakewood Police Department for returning stolen property to him. He noted that as an elected representative of the Green Mountain Fire District, he wanted to inform the citizens that Fire Station No. 4 on Alameda will be taken down and replaced with a new station. This new station will be able to accommodate better equipment. Open house is scheduled for May 7, 2009 from 3:00 p.m. to 7:00 p.m. Proceeds from the hot dog sales will help to support Fire Station No. 4. He also reminded citizens that the Celebration Breakfast is on April 22.
Bill Martin, spoke about citizens being afforded due process of law, and that the City of Lakewood has acted like a tyrant against Carol Tarpley.
Public comments were closed.
CONSENT AGENDA
Consent Agenda Items 11 -15 were read into the Record by the City Clerk.
ITEM 11– RESOLUTION 2009-16 – AMENDING RESOLUTION 2007-48, AS AMENDED, CONCERNING THE ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
ITEM 12 – ORDINANCE O-2009-17 – AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
ITEM 13 – ORDINANCE O-2009-18 – AUTHORIZING THE ISSUANCE AND SALE OF $3,800,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF LAKEWOOD, COLORADO, SALES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2009 FOR THE PURPOSE OF REFUNDING THE CITY’S OUTSTANDING SALES AND USE TAX REVENUE REFUNDING BONDS, SERIES 1998 MATURING ON AND AFTER DECEMBER 1, 2010; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH; AND RATIFYING ACTION PREVIOUSLY TAKEN BY CITY OFFICIALS RELATING THERETO
ITEM 14 – APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting, March 9, 2009
ITEM 15 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Advisory Commission for an Inclusive Community Meeting, February 18, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, February 26, 2009
Planning Commission Meeting, February 4, 2009
Mayor Murphy asked for comments.
There were no comments on Resolution 2009-16.
Councilwoman Baroway stated that her husband is a part-time municipal judge, and although she will not vote on the Second Reading of Item 12, she will vote on the Consent Agenda.
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 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.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 16– ORDINANCE O-2009-15 – ADDING SECTION 9.20.060 TO TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-15 for second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 17 – ORDINANCE O-2009-16 – AUTHORIZING A PERMANENT EASEMENT TO THE BEAR CREEK WATER AND SANITATION DISTRICT FOR THE REPLACEMENT OF AN EXISTING WATER LINE AND RELATED FACILITIES AND A PERMANENT EASEMENT FOR ACCESS PURPOSES TO ACCESS SAID WATER LINE ACROSS BEAR CREEK GREEN BELT, ADJACENT TO THE BRIDGE ON SOUTH ESTES STREET AS IT CROSSES BEAR CREEK AT 2800 SOUTH ESTES STREET, LAKEWOOD, COLORADO
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-16 for second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 18 – GENERAL BUSINESS
A. AMERICAN RECOVERY AND REINVESTMENT ACT
Mayor Murphy said the City of Lakewood will receive some dollars from the Stimulus Plan, ie. Federal Grants, however, the amount and directions for said funds have not yet been determined.
Jay Hutchison, Public Works Director, gave a brief overview of the American Recovery and Reinvestment Act of 2009. He discussed the goals, uses, reporting requirements, etc. of the reinvestment act and noted that funds are dispersed either by being allocated or on a competitive basis--we would have to apply for them, and some have very complex criteria. Also, there are deadlines for submissions. He mentioned grants that will affect the Lakewood community include: Community Oriented Policing Services, Justice Assistant Grant – Police Department, Energy Efficient Conservation Block Grant-to reduce energy use, CDBG –Community Development Block Grant, and the Alternative Fueled Vehicle Pilot Grant Program. He gave ideas of energy efficient projects that could be funded by the grant, i.e. weatherizing low-to-moderate income homes in the Lakewood Community. He will prepare an update to give to Council in early June.
Council members expressed thanks to Mr. Hutchison for delivering a clear explanation of the American Recovery and Reinvestment Act.
B. A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to hold an Executive Session following the regular meeting of the City Council, for the purpose of discussing negotiation strategies regarding property for the evidence storage facility and other property developments, per C.R.S. 24-6-402(4)(e) and Section 2.15(c)(2) of the Lakewood Home Rule Charter.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 19 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 20 – ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 9:17 p.m.
Submitted by:
Margy Greer, City Clerk
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