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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF LAKEWOOD
7:00 P.M, June 8, 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 – PRESENTATION – MAYOR’S COMMENDATION
Mayor Murphy gave Bruce Nelson the first Mayor’s Commendation for his heroic acts in saving a fellow citizen.
ITEM 5 – RESOLUTION 2009-24 -- APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, appointing Scott Applegate, Kathleen Curtis and Roger Pecsok to the Alameda Corridor Business Improvement District (ACBID) Board of Directors.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 6 – RESOLUTION 2009-26 – APPOINTING MEMBERS TO THE LAKEWOOD ADVISORY COMMISSION FOR AN INCLUSIVE COMMUNITY
A motion was made by Councilwoman King and seconded by Councilman Quinn, appointing Anna Chevalier, Elise Chevalier and Scott Raia to the Advisory Commission for an Inclusive Community/Youth Council.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 7 – PUBLIC COMMENT
Max Tyler, Lakewood, CO, newly elected Representative House District 23, spoke briefly to encourage Lakewood citizens to get involved with city government.
James Mace, Ward 1, Lakewood, CO, said jaywalking is still occurring throughout the City of Lakewood and he’s disappointed that nothing is being done to curtail it.
Liz Wickard, 991 S. Yarrow Street, Lakewood, CO, representing 300 plus members of the Highland Beekeepers Club, stated that they want City Council to change the beekeeping ordinance to include parcels of land that are less than one acre. She said bees are a valuable source of pollination for persons who want to grow their own fruits and vegetables and backyard beekeeping should be allowed. She also asked that tickets issued to members of the Highland Beekeepers Club be suspended until this matter is resolved.
Councilman Anderson asked that a moratorium be done so that no additional tickets (beekeeping) are issued until the ordinance is changed.
Mike Rock, City Manager, feels that public education is in order regarding beekeeping. Not everyone will welcome backyard beekeeping in their neighborhood; some people are allergic to bees. He’s hesitant to unilaterally suspend enforcement of an ordinance.
Councilwoman Allen noted that our Code Enforcement Department does a great job and they only go out as a result of complaints. She feels more research is in order.
Newt Vaughn, Ward 5, Lakewood, CO, talked about the behavior of school children on buses and that problems are getting worst. He feels the unwanted behavior is also displayed in the parents. Bad behavior puts many others in danger.
Fred Clifford, Ward 1, Lakewood, CO, read a story of what happened in San Diego County, California regarding home Bible studies that are now considered to be religious assemblies and in violation of county code. He feels that what happens in California could make its way to Colorado.
Dave Wiechman, 722 S. Beech Street, Ward 5, Lakewood, CO, said Pam Feely, representing the Northeast sector, is the newly elected officer to the West Metro Fire District Board of Directors. He also noted that the Fire Muster is scheduled for 9:30 a.m. to 2:00 p.m., this weekend at Red Rocks College. The Farmer’s Market will be held every Sunday from 10:00 a.m. to 2:00 p.m. through September 2009. Also, the Community Leaders Forum is scheduled for June 20, 2009.
Brian Wareing, Applewood, CO, wanted to know if City code trumps the Constitution. He said no one has given him an answer to this question. He feels that the City of Lakewood is using City codes to “beat up residents” and allowing City Council members to commit crimes.
Carole Tarpley, Lakewood, CO, said she needs to set the record straight from a previous meeting. Mr. Holmes made a special effort to peer over her fence and has targeted/harassed her. She feels that the City of Lakewood and its unlawful actions are trying to take away her home. She asked that the City respond to the question, “How City code trumps the Constitution?” and requests that an answer be given by June 22, 2009. If no response is given by this date, she deems it to be an admission of guilt by the City. She will accept an emailed or mailed response.
Randy Little, Ward 4, Lakewood, CO, spoke about his business and the revamping of his website – “Mylakewoodgateway.” He also noted that he has withdrawn from being a candidate for City Council representative stating that he believes in ethics and the data base he created should not be used as an influence to run for an election.
Public comments were closed.
Mayor Murphy stated that Code Enforcement is constitutional.
Consent Agenda Items 8 - 18 were read into the Record by the City Clerk
Tim Cox, City Manager, noted a correction with Item 16. It should indicate that Chapter 17 – (dash) 20 would be repealed; not Chapters 17 – 20.
ITEM 8 – RESOLUTION 2009-23 – REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR IMPROVEMENT EXPENDITURES OF THE LAKEWOOD TRAIL CONNECTIONS FOR THE PERIOD COMMENCING FROM MAY 1, 2006 THROUGH APRIL 30, 2009.
ITEM 9 – RESOLUTION 2009-25 – UPDATING THE CITY OF LAKEWOOD THREE-MILE PLAN FOR ANNEXATIONS
ITEM 10 – RESOLUTION 2009-27 – AUTHORIZING USE OF LAKEWOOD’S CREDITS PURSUANT TO XCEL ENERGY’S FRANCHISE TO BURY ELECTRIC DISTRIBUTION LINES IN THE VICINITY OF THE COLFAX AVENUE AND KIPLING STREET INTERSECTION
ITEM 11 – ORDINANCE O-2009-21 – AMENDING CHAPTER 2.53 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE
ITEM 12 – ORDINANCE O-2009-22 – REPEALING AND RE-ENACTING TITLE 16 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SUBDIVISION
ITEM 13 – ORDINANCE O-2009-23 – AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF LAKEWOOD TO CLEAR TITLE FOR THE RIGHT-OF-WAY FOR WEST ALAMEDA AVENUE BETWEEN SHERIDAN BOULEVARD WESTERLY THROUGH THE CITY OF LAKEWOOD TO THE SOUTHERLY EXTENDED WESTERLY RIGHT OF WAY LINE OF ROONEY ROAD ON THE WEST SIDE OF HIGHWAY C-470, AND THE CONVEYANCE OF THREE PARCELS OF LAND FOR PARK AND OPEN SPACE PURPOSES TO THE CITY OF LAKEWOOD, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY.
ITEM 14 – ORDINANCE O-2009-24 – ACCEPTING A QUITCLAIM DEED FOR PUBLIC STREET PURPOSES FROM THE CITY AND COUNTY OF DENVER TO THE CITY OF LAKEWOOD TO CLEAR TITLE TO THE WEST ALAMEDA AVENUE RIGHT-OF-WAY FROM THE CITY OF LAKEWOOD CITY LIMITS LOCATED IN THE SOUTH SHERIDAN BOULEVARD RIGHT-OF-WAY WESTERLY TO THE SOUTHERLY EXTENDED WESTERLY RIGHT-OF-WAY LINE OF ROONEY ROAD ON THE WEST SIDE OF STATE HIGHWAY C-470, FURTHER ACCEPTING A BARGAIN AND SALE DEED FROM THE CITY AND COUNTY OF DENVER TO THE CITY OF LAKEWOOD FOR THREE PARCELS OF LAND FOR PARK AND OPEN SPACE PURPOSES LOCATED WITHIN THE CITY LIMITS OF THE CITY OF LAKEWOOD, AND FURTHER DECLARING AN EMERGENCY.
ITEM 15 – ORDINANCE O-2009-25 – AUTHORIZING A PERMANENT EASEMENT TO THE WEST METRO FIRE PROTECTION DISTRICT FOR A PRIVATE UNDERGROUND STORM WATER FACILITY AND RELATED APPURTENANCES ACROSS JEWELL PARK AT 1850 SOUTH GARRISON, LAKEWOOD, COLORADO
ITEM 16 – ORDINANCE O-2009-26 – REPEALING CHAPTER 17-20 OF THE LAKEWOOD MUNICIPAL CODE TITLED ARTICLE 20: ROONEY VALLEY OVERLAY DISTRICT DEVELOPMENT STANDARDS
ITEM 17 – APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting, April 27, 2009
Regular City Council Meeting, May 11, 2009
Special City Council Meeting, May 27, 2009
ITEM 18 – ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Advisory Commission for an Inclusive Community Meeting, April 15, 2009
Liquor and Fermented Malt Beverage Licensing Authority Meeting, April 23, 2009
Mayor Murphy asked for comments.
There were no public comments.
Councilwoman Stack wanted to know the difference between “Bargain and Sale Deed” and “Quit Claim Deed”.
Tim Cox said a “Quit Claim Deed” has the least amount of warranty representation, whereas a “Bargain and Sale Deed” has a different level of protection. He and Mike Rock noted that further clarification will be provided prior to the second reading.
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 hearings 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 19 – ORDINANCE O-2009-20 – DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF STREET IMPROVEMENTS, TRAFFIC SIGNALS AND SIDEWALK IMPROVEMENTS AT THE INTERSECTION OF WEST COLFAX AVENUE AND KIPLING STREET FOR THE WEST COLFAX AVENUE (US-40) AT KIPLING STREET (SH-391) INTERSECTION IMPROVEMENT PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AUTHORIZATION TO CONVEY THE FEE SIMPLE PARCELS ACQUIRED ON THIS PROJECT ADJACENT TO STATE RIGHT-OF WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION AND CONDEMNATION OF REAL PROPERTY INTERESTS
There were no public comments.
A motion was made by Councilwoman Kellen and seconded by Councilman Quinn, to adopt Ordinance O-2009-20 on second and final reading.
Vote: Ayes: 11 Nays: 0 The motion passed unanimously.
ITEM 20 – GENERAL BUSINESS
None.
ITEM 21 – REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 22– ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:02 p.m.
Submitted by:
Margy Greer, City Clerk
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