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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M April 27, 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
Paul Kennebeck, Deputy 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
Boy Scout Troop #814 performed a flag presentation and led the Pledge of Allegiance.
A moment of silent prayer was observed.
Boy Scout Troop #816 was also in attendance.
ITEM 4 – PROCLAMATION – EQUAL PAY DAY
Mayor Murphy presented a proclamation to Margene Stroup, Co-Vice President, Lakewood’s Branch of the American Association of University Women, recognizing April 28, 2009 as Equal Pay Day in the City of Lakewood.
ITEM 5 – PROCLAMATION – NATIONAL “EXERCISE IS MEDICINE” MONTH
Mayor Murphy presented a proclamation to Paula Aurand, Fitness and Wellness Coordinator, City of Lakewood, recognizing May 2009 as National “Exercise Is Medicine” Month in the City of Lakewood.
Mayor Murphy asked Jay Hutchison to give an update regarding the H1N1 flu virus (swine flu).
Jay Hutchison, Public Works Director, said the City of Lakewood currently has a flu plan in place. It includes staying up-to-date on the virus, sharing information with the public as it becomes available, and being prepared in regards to the effects of the virus as it relates to city services, employees and citizens. Various health departments—Jefferson County Health and Environment, Federal Health and Human Services, Center for Disease Control and Prevention, and the Colorado Public Health and Environment—are working together. He gave a number of precautions that everyone can do in case of an outbreak of the flu virus. He noted that the current plan can be updated as necessary.
Mayor Murphy gave a brief update on “transparency” for the City of Lakewood. He noted that a Citizens Budget and Audit Committee was formed a few months ago to review procedures for getting as much information as possible on line and to be easily accessible to anyone for review. He noted that there has been some action on the State level in this regard, i.e., House Bill 1288 (Colorado Taxpayer Transparency Act). The details of this Bill can be obtained from the web free of charge. He said we are moving forward with the assumption and hope that this Bill will pass and ready to go by the beginning of 2010.
ITEM 6 – PUBLIC COMMENT
James Mace, Ward 1, Lakewood, CO, has safety concerns for students at Green Mountain High School in regards to jaywalking. He said the “No Walk” timers at the corner of Colfax and James Richey Park need to be reviewed by Council as soon as possible.
Dave Wiechman, 722 S. Beech Street, Lakewood, CO, representative of the West Metro Fire District, said there is still time for a “last chance tour” of Fire Station #4 before it is replaced. Said tour is scheduled from 3:00 p.m. to 7:00 p.m. on May 7, 2009. Food will be available with proceeds supporting the West Metro Fire District. Also, the Annual Fire Muster is scheduled from 9:30 a.m. to 3:00 p.m. on June 13 at Red Rock College. The Good News Celebration Breakfast will be held at 6:59 a.m. on April 28, 2009 at Jefferson County Fairgrounds. The West Chambers “Taste of the West” will be held from 5:00 p.m. to 7:00 p.m. on April 30, 2009 at the Belmar Event Center.
Roger McCarville, Arvada, CO, spoke about pay for higher level executives in the City of Lakewood. He suggested that no four-year contracts are offered to persons filling vacant positions. Rather, a one-year contract is preferred, and it should be advertised so as to receive as many applicants as possible. Persons filling the positions of City Manager and City Attorney must respect the Colorado State Constitution and the United States Constitution one-hundred percent, especially regarding imminent domain.
Gerald Lopez, 1257 Allison Street, Lakewood, CO, asked that RTD repair the potholes on 13th Avenue from Carr to Harlan, to clean the ditches, and save the trees. He asked that the owners of buildings on W. Colfax lease the buildings at a low cost so that the buildings won’t be empty. Also, he asked that members of Lakewood High School Class of 1969 get in contact with him in regards to their 40th year reunion.
Natalie Menten, Ward 5, Lakewood, CO, shared concerns about property acquisitions for the light rail, which according to the Inter-Governmental Agreement (IGA), the City of Lakewood has agreed to be co-petitioners in some cases. She noted that many of the offers are not based on a formal appraisal, but rather said offers are based on RTD’s in-house evaluation and it excludes special damages. She feels RTD has not looked at individual properties to see what damages have occurred. Monetary amounts RTD offers for land seems very low. She spoke about the 50% rule that was considered by Council during a Study Session, and to date nothing has been done. She noted that the Liaison hired by the City of Lakewood is not capable of answering legal concerns. Therefore, in an effort to help property owners, a certified appraiser has volunteered to help explain the approval process, special damages and special benefits at a meeting scheduled for Sunday, May 3, 2009 from 1:00 p.m. to 3:00 p.m. at the Lakewood Library at 20th and Miller. She feels this meeting will be of benefit to property owners along the light rail corridor as well as those who own property on Wadsworth from 26th Avenue to Yale, where plans are underway to develop Wadsworth, and where the Colorado Department of Transportation (CDOT) can use the 50% rule. She said the public is invited to the meeting.
Councilwoman Allen noted that there are no plans to redevelop Wadsworth. Currently, input is being gathered from business owners and residents along Wadsworth as to what they would like to see done in the area. This does not mean that the area will be redeveloped.
Fred Clifford, 11405 W. 17th Place, Lakewood, CO, played a video regarding the 50% Rule, Colorado Revised Statutes 38-1-114, which will help to facilitate property acquisition for fast track. The video encouraged the repeal of this law regarding imminent domain.
Brian Wareing, spoke about unalienable rights of the people. He said the people have the right and it is their duty to “throw off” government that places the people in a long train of abuses and despotism, and to replace that government with “new guards for their future security.” Codes and liens regarding people are repugnant to constitutional law and to the people and their unalienable rights. He feels that City Council has aided such crimes as invasion of private property, threats and attacks on the elderly, etc.
Lorrie Lunnon, 540 Vance Street, Lakewood, CO, spoke about the Bill of Rights. She said people have the right to govern themselves and the right to alter and abolish their constitutional form of government whenever they deem it necessary for their safety and happiness. Such change, however, should not be repugnant to the U.S. Constitution.
Steve Byfield, Arvada, spoke about the three pillars of American law, duty of the people to see that everyone who takes a sworn oath obeys the Constitution, and the unalienable/natural rights of the people. He said the power government may or may not have, as given by the Constitution, states that no government official can usurp their power. Government officials can only regulate commerce – not people. The people are self-governing as guaranteed in Article 4, Section 4 of the U.S. Constitution.
Bill Martin, said City Council has the stigma of being a “crook”. He said an administrative agency does not have the power to make legislation. He referred to Am Jur 11 Section 329 –Am Jur 2 Section 301. He said the penalties imposed on Carole Tarpley were not sanctioned by any valid lawmaking authority. He suggested that if Council wants to get rid of that stigma, each member must say that they want/have no part in the activity involving Carole Tarpley.
Carole Tarpley, said the City of Lakewood employees violated her dreams of living a quiet and peaceful life in Lakewood. She asked that the lien process system in Lakewood be terminated and it should start by removing the lien on her property.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, extended thanks to Mayor Murphy and City Council members for the Earth Week Activities. He encouraged persons with pets to contact the great resources offered by the City of Lakewood. He feels that transparency is important, but it should be watched because of Phishing sites.
Public comments were closed.
Mayor Murphy explained the situation with Ms. Tarpley and noted that Code Enforcement is legal and constitutional. He added that this is a legal matter with negotiations to be handled by the City Attorney. This is not for political negotiations.
Paul Kennebeck, Deputy City Attorney, explained the difference between tax liens and mechanics liens on property. The tax lien allows for the ownership to be transferred to anyone who pays the taxes on property that has gone into default because taxes were not paid, whereas, a mechanics lien does not allow this. In regards to Ms. Tarpley’s property, the City Attorney has made an offer to reduce the tax lien of more than $2100, to a mechanics lien of $500. As of this date, Mrs. Tarpley has not responded to this offer.
CONSENT AGENDA
Consent Agenda Items 7 – 9 were read into the Record by the City Clerk.
ITEM 7 – ORDINANCE O-2009-19 – REZONING PARCELS OF LAND LOCATED WITHIN THE COLFAX LAKEWOOD REINVESTMENT AUTHORITY BOUNDARIES, EXCEPT THOSE CURRENTLY ZONED TRANSIT MIXED USE, THROUGH A LEGISLATIVE RE-ZONING FROM THE PARCELS’ CURRENT ZONE DISTRICT CLASSIFICATIONS TO THE COLFAX MIXED USE (CMU) ZONE DISTRICT
ITEM 8 – APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting February 23, 2009
Regular City Council Meeting March 23, 2009
ITEM 9 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Planning Commission Meeting April 1, 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 in the Denver Post Newspaper for public hearing set for dates included in the ordinances, 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 10 – ORDINANCE O-2009-17 – AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
There were no public comments.
Councilwoman Baroway said she is recusing herself from voting on this ordinance stating that her husband is a part-time municipal judge.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-17 on second and final reading.
Councilors Anderson and Stack felt that inasmuch as the new municipal judge has been in position for less than a year, there has not been enough time to evaluate the expectations and output to merit the proposed compensation increase.
Councilors Quinn and Peterson felt that the proposed increase would be in line with the average compensation for area municipal judges. They noted that our municipal judge has shown a great deal of initiative and is deserving of the proposed compensation.
Mayor Murphy added that the increase is within guidelines of the merit pay system and it is deserved.
Vote: Ayes: 8 Nays: 2 (Anderson & Stack) Abstention: 1 (Baroway) The motion passed.
ITEM 11 – 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
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-18 on second and final reading.
Councilwoman Allen said she was a part of the Budget and Audit Committee, and this ordinance saves the City of Lakewood a good deal of money—something to the tune of $126,000.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 12 – GENERAL BUSINESS
None.
ITEM 13 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 14 – ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:38 p.m.
Submitted by:
Margy Greer, City Clerk
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