ITEM 1 - CALL TO ORDER

Mayor Burkholder called the meeting to order at 7:00 p.m. in the Council Chambers of the Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

ITEM 2 - ROLL CALL

Those present were: Mayor Steve Burkholder, Presiding

Ray Elliott
Carol Kesselman
Debbie Koop
Barbara Martin
Bob Murphy
Mike Stevens
Cheryl Wise
Tom Booher
Absent:
Jackie Herbst
Jean Saum

Others in attendance: Mike Rock, City Manager
Roger Noonan, 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.

ITEM 4 - RECOGNITION - CUB SCOUT PACK #814

Mayor Burkholder recognized Cub Scout Pack #814 sponsored by the Westgate
Elementary PTA. The Troop sponsored several events to assist the children of the
Washington DC 9/11/01 terrorist attack.

Mayor Burkholder also recognized Boy Scout Troop #156 from our Lady of Fatima
School whom were seated in the audience.

ITEM 5 - RESOLUTION 2001-92 APPOINTING THE MAYOR PRO TEM OF THE
CITY COUNCIL OF THE CITY OF LAKEWOOD

Councilman Bob Murphy made a motion to appoint Councilman Ray Elliott as Mayor Pro Tem for the year 2002. It was seconded by Councilman Mike Stevens. Vote: All Ayes. No Nays. The motion carried.

ITEM 6 - RESOLUTION 2001-93 APPOINTING THE PRESIDENT OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD

Councilman Murphy made a motion to appoint Councilwoman Cheryl Wise as the President of City Council for the year 2002. It was seconded by Councilman Elliott. Vote: All Ayes. No Nays.

Mayor Burkholder introduced the new Chief of Police Ron Burns. Chief Burns thanked the Mayor and Council and stated that he was looking forward to serving the citizens of the City of Lakewood and becoming a part of the community.

ITEM 7 - RESOLUTION 2001-98 ADOPTING THE GOALS AND POLICIES OF THE FRAMEWORK PLAN FOR THE WEST CORRIDOR LIGHT RAIL LINE AS AMENDED 12/10/01.

Planner Kate Erickson gave a PowerPoint presentation of the Framework Plan for the West Corridor Light Rail Line.

Background - The Major Investment Study was completed in 1997 and the Environmental Impact Statement process is underway.
Purpose - To provide input into the EIS process; identify issues and concerns; and set forth a broad policy framework for the implementation of light rail transit in Lakewood.
Study Area - A map was presented showing the 13th Avenue line and surrounding areas. The area includes two adopted neighborhood plans and four adopted corridor plans. The presentation included photos of existing conditions on Sheridan Blvd. and Lamar Street; Wadsworth Blvd. and Carr Street; and Garrison Street and Oak Street.
Planning Process - To build upon adopted plans, surveys of residents and businesses, newsletters, two design workshops, technical team review, and two open houses.
Key Issues - Parking at stations, operations and construction noise, safety of operations, traffic near stations, and general support and need for careful planning.
Key Goals and Policies - Safety, communication, land use, access and location of stations, design of stations, incorporation of artwork at stations, parking, street closures, noise, drainage, and coordination of planning, design, and implementation. Research/pursue implementation of shuttle bus services.
Next Steps - Continue to work with RTD on the EIS process.

Councilwoman Martin stated that the resolution being adopted tonight was revised to include an additional meeting so further input could be received by the citizens. She stated she appreciated citizen Chris Baer bringing this matter to her attention.

Public Comment:

Patty Schultz - 7411 S. Hollston Circle - Littleton, CO
Lives in the southwest corridor and stated she is a victim of light rail. The vibration and noise from the light rail is above the accepted decibel levels. She gave the City Clerk a copy of the FTA Guidance Manual for distribution to City Council. Ms. Shultz stated that a 1997 vibration study was completed and given to RTD and RTD was once again cautioned in the EIS. She stated that RTD was not accountable, workable, or ethical.

Bonnie Ferguson - 1420 Holland - Lakewood, CO
Representing the 13th Avenue Citizens Coalition. She stated there are many issues and concerns regarding the two 4-hour workshops that were held by the City regarding the framework plan. All citizens' comments were not included in the plan. Staff misused their powers as to how things were put into the draft. The survey is faulty due to the Eiber and the Two Creeks Neighborhoods survey results not being separated. Eiberhood Neighborhood did a public involvement plan and was told to submit it to RTD. Cannot get RTD to return phone calls. Mayor Burkholder asked Ms. Ferguson to leave the plan with the City Clerk.

Mike Muller - 868 S. Owens Court - Lakewood, CO
Mr. Muller stated he had asked for ridership numbers from RTD for several months and recently received the numbers for October 2000. He was told more recent figures were not available. Looking at the numbers of the ridership on the Route 16 bus, RTD is double counting riders from one stop to another. He stated he wanted Council to put pressure on RTD to receive good ridership numbers. Mayor Burkholder stated that he would apply pressure to RTD and get numbers that are easy to understand.

Joanna Chaney - 871 Newcombe Street - Lakewood, CO
Stated she lives one block away from the Oak Street section of the plan. She is originally from England where there is great public transit. Would love to have light rail and is disappointed it is taking so long. She would like public transit for the social aspect of getting to know your neighbors and visiting one another, thus promoting more of a community atmosphere. She stated she believes that all of the opinions of the citizens have not been heard because like her, some are unable to attend the meetings when they are scheduled.

Mrs. Avis - Everett Court - Lakewood, CO
She stated she lives five hours away from 13th Avenue. She stated it is a waste to build light rail since the three parallel bus routes that serve the area now are underutilized.

Karen Swanson - 1325 Holland - Lakewood, CO
The photos shown on the plan are inaccurate. There are no vast open fields. She suggested putting light rail on Colfax or 6th Avenue. She stated she was concerned for the safety of the children in the area as well as the lowering of property values.

Susie Golich - 7415 S. Hollston Circle - Littleton, CO
She stated she lives in the southwest corridor. Light rail is not quiet and can be heard when trains leave the station and whistles blow. Trains run all but approximately 3 hours per day. She stated there is an issue with maintenance of landscaping around the stations. If there is a problem and RTD is called, RTD is represented in meetings with no less than 5 to 6 attorneys and one man from RTD fell asleep during the meeting. She stated that RTD does not deliver the project they sell you and warned Council to be careful.

Shirley Hollington - 1171 Garrison St - Lakewood, CO
She stated she rides the bus to downtown Denver everyday and doesn't believe the ridership warrants light rail. There is always an open seat on the buses. She suggested having light rail placed on Colfax or 6th Avenue.

Mathew Ames - 13th & Carr St - Lakewood, CO
He stated there are issues of being in a flood zone. He stated the workshop process is not working like it should because things continually change. For example, was told once that light rail would go under one street and then was told it couldn't go under because of the water level. He stated that the Mayor and Council need to spend time talking to the people along 13th Avenue regarding light rail.

Chris Baer - 1185 Pikeview Street - Lakewood, CO
She stated she supported the amendment to the framework plan. RTD and the City is obtaining information and forwarding it to the citizens. The amendment allows for an additional opportunity to meet and review the process. She thanked Council members Martin, Wise, and Murphy for their assistance

Councilwoman Wise made a motion to adopt Resolution No. 2001-98 as amended on
December 10, 2001. It was seconded by Councilman Elliott.

Councilwoman Wise stated she would be supporting the resolution as amended. She thanked Chris Baer for making Council aware of the gap in the communication process. Wise stated that light rail has a far-reaching impact on the citizens of Lakewood and she will work to ensure that the entire City participates in the process.

Councilman Stevens stated that he had walked 13th Avenue and spoken to residents. This framework plan puts down in writing the concerns needed to be addressed by RTD. Council plans to ask the tough questions of RTD. He stated he attended the workshops and the broad concerns of the citizens were discussed. Answers will be obtained from RTD.

Councilman Murphy took exception to citizen Bonnie Ferguson's comments regarding the comments of the citizens not being included in the framework plan. Councilman Murphy stated that the framework report had 18 pages of single spaced comments from all the people included in the workshops. Councilman Murphy thanked Planner Kate Erickson and her team for the fantastic job of including everyone's comments and stated he would be supporting the resolution to approve the framework plan.

Mayor Burkholder stated that in response to citizen comments regarding the communication not being as open as it could be, that the Metro Mayors, Metro Area Council members, Jefferson County, and the State are working with RTD to ensure the process is inclusive of public comment. He stated there is a meeting on Friday at 7:30 a.m. at City Hall which provides for public comment. Another meeting is scheduled for 7:30 a.m. on December 18th. RTD will continue calling these meetings and will continue to request public input.

Councilwoman Martin asked the citizens to please call council members with any questions or concerns they may have regarding the light rail corridor plan.

Vote: All Ayes. No Nays. The motion carried.

ITEM 8 - PUBLIC COMMENT

Tom Stewart - 1330 Depew Street - Lakewood, CO
Mr. Stewart stated that the sidewalk at Colfax & Depew at an RTD express bus stop is narrow and icy and a bus drove by at 50 M.P.H. and he worried about safety. He stated he spoke to Council and the City Manager's Office previously regarding an icy problem near the generator at the Public Safety Building. Ten days later and after speaking with Councilwoman Koop, a barrier was installed. The diesel generator left a puddle which is now frozen near the curb and must be crossed by pedestrian to enter the building. Mr. Stewart also stated he had recently spoken with employees of the Parks Dept. and found their tools to be in need of replacement. Mr. Stewart then tried to serve a subpoena to the City Manager Mike Rock. Rather than Mr. Rock, City Attorney Roger Noonan received the subpoena.

Brian Patterson - 9563 W. Kentucky Avenue - Lakewood, CO
Mr. Patterson stated he recently received news of three Green Mountain High School students committing suicide and believes it is tragic and stressful for teenagers today. He also stated that he read that 48 Alameda High School students were given tickets by the Lakewood Police Department for jaywalking. Due to the stress and pressure that students are under today, Mr. Patterson suggested the City withdraw the citations.
Mayor Burkholder stated that the City has school resource officers who work very closely with the students and school staff to work on such problems. City Manager Mike Rock stated that in addition to school resource officers, members from the City's management team are assigned to each high school in Lakewood. In this particular instance, the City did collaborate with both the students and the school on the issue of students dashing across Wadsworth Blvd. during heavy lunch hour traffic. The reason for the tickets is, to hopefully, prevent the death of one of our students.

Bonnie Ferguson - 1420 Holland St - Lakewood, CO
Ms. Ferguson stated that she did not disagree with Councilman Murphy regarding the comments shown in the 13th Avenue Corridor Plan. She stated that some comments were not put into the plan and that staff changed the wording of some of the comments. An MIS study was done in 1997 which stated that all issues would be addressed. The issues have not been addressed to date. She stated that Council needs to follow up on those responses.

CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.

ITEM 9 - ORDINANCE O-2001-50 ORDINANCE AMENDING SECTION 9.80.100 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT

ITEM 10 - RESOLUTION 2001- 94 SUPPORTING PASSAGE OF A TRANSIT AND HIGHWAY FUNDING PACKAGE IN THE 2002 LEGISLATIVE SESSION THAT WOULD: GRANT AUTHORITY TO THE REGIONAL TRANSPORTATION DISTRICT (RTD) EQUIVALENT TO THAT PROVIDED IN STATE STATUTES TO RURAL TRANSPORTATION AUTHORITIES AND NON-METRO COUNTIES; AND RESTORE TRANSPORTATION FUNDING FOR STATE STRATEGIC HIGHWAY PROJECTS PREVIOUSLY SCHEDULED

ITEM 11 - RESOLUTION 2001- 95 AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 62 AND 72 GARRISON STREET AND 100 AND 110 SOUTH GARRISON STREET FOR THE 2002 BIKEPATH/SIDEWALK GARRISON STREET (WEST BAYAUD AVENUE TO WEST 1ST AVENUE AND WEST 7TH AVENUE TO WEST 9TH AVENUE) IMPROVEMENT PROJECT

ITEM 12 - RESOLUTION 2001- 96 ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS FOR THE 2002 CAPITAL IMPROVEMENT AND PRESERVATION PROGRAM (CIPP) NEIGHBORHOOD PARTICIPATION PROGRAM

ITEM 13 - RESOLUTION 2001- 97 AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 14825 W. COLFAX, 15059 W. COLFAX AND 1707 COLE BLVD. FOR THE WEST COLFAX AVENUE AND INDIANA STREET IMPROVEMENT PROJECT

ITEM 14 - APPROVING OF MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting November 26, 2001

State Senator Deanna Hanna thanked Councilwoman Kesselman for asking City Council to support the passage of a transit funding package and giving RTD equal rights (Agenda Item 10). Senator Hanna stated that after being in office for one year she realizes the issues start at the local level. She invited Council members and citizens to call her with any questions or concerns they may have.

Bonnie Ferguson - 1420 Holland St - Lakewood, CO
Ms. Ferguson asked Council not to pass the resolution listed under Agenda Item 10. She stated that it should stay in the hands of the legislature. Ms. Ferguson asked that the resolution not be passed or that it be pulled so Council could reconsider it.

State Representative Kelly Daniels - House District 23 - Thanked City Council for communicating their desires to the State regarding the passage of Resolution 2001-94. He stated that the state representatives need to hear from everyone and encouraged the citizens of Lakewood to contact him.

Councilwoman Wise moved for approval of the Council minutes; ordering all ordinances introduced on first reading to be published in the Lakewood Sentinel with public hearing set for the date included in the ordinance; and ordering the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the City Clerk. It was seconded by Councilman Elliott.

Councilman Murphy stated he would be voting for Resolution 2001-94. This will give the voters a chance to have their say.

Councilman Elliott stated that he had previously served on a special district board and it is necessary for them to be able to have the same rights as others. Having the voters choose is the best way to go.

Councilwoman Kesselman stated that the passage of Resolution 2001-94 will give RTD equity and put them on an equal level with the rest of the state.

Councilman Stevens stated that he would be supporting Resolution 2001-94. He stated that it is best to let democracy work. He thanked Senator Hanna and Representative Daniels for speaking to Council tonight.

Vote: All Ayes. No Nays. The motion carried.

ITEM 15 - ORDINANCE 2001-46 ORDINANCE TO CREATE A WATER LINE EASEMENT AND A GENERAL UTILITY AND ROADWAY EASEMENT AT THE HOMESTEAD AT FOX HOLLOW GOLF COURSE LOCATED IN THE NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY

Councilwoman Wise made a motion to adopt Ordinance O-2001-46 on second and final reading. It was seconded by Councilman Elliott. There were no public comments. Vote: All Ayes. No Nays. The motion carried.

ITEM 16 - ORDINANCE 2001-47 AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 7.778 ACRES OF CITY PROPERTY LOCATED AT 1575 KIPLING TO THE LAKEWOOD HOUSING AUTHORITY FOR THE CONSTRUCTION OF AFFORDABLE SENIOR HOUSING AS AMENDED 12/10/01

Chuck Bryant - 1555 Vance St., Apt. 309 - Lakewood, CO
Mr. Bryant stated he has been a resident of Vance Terrace for one year. He understands the property is now being developed and the building will be torn down. There are 52 residents in the building and they are an asset to the neighborhood and to the City of Lakewood. They will also be an asset to the neighborhood at 1575 Kipling. Mr. Bryant asked residents of Vance Terrace who were in the audience to stand and show their support of Lakewood donating the property at 1575 Kipling Street to the Lakewood Housing Authority for their new place to live.

Bill Minard - 1555 Vance St., Apt. 214 - Lakewood, CO
Mr. Minard stated he was a three-year resident of Vance Terrace. He had a good life, but hit on bad times. Being able to move into Vance Terrace was a blessing and the Lakewood Housing Authority attends to all. No one in the building takes this for granted. He stated they are grateful not to be homeless. Mr. Minard thanked the Mayor and City Council and asked them to please approve this ordinance.

Ed Durham - 1555 Vance St. Apt. 205 - Lakewood, CO
Mr. Durham thanked the Mayor and Council for allowing him to represent the residents of Vance Terrace. He stated that he had built several multi-family housing units in Lakewood and has paid taxes to Jefferson County. He stated he was in General Patton's 3rd Army and the Battle of the Bulge and considered himself fortunate to be a survivor. He stated he did not consider himself a hero but did help to keep America free. Mr. Durham stated he was grateful for the many gifts afforded him.

Councilwoman Wise made a motion to adopt Ordinance O-2001-47 as amended on second and final reading. It was seconded by Councilman Elliott.

Councilman Murphy thanked the residents of Vance Terrace for coming out and speaking to City Council.

Councilwoman Martin thanked the residents of Vance Terrace for their comments.

Speaking to the residents of Vance Terrace, Councilman Stevens stated that it has been said that they are the "greatest generation." Councilman Stevens stated that he values them as citizens and apologized for the uncertainty of moving which is sometimes traumatic. He stated he would be voting for the transfer of the property and said they are the "greatest generation."

Councilman Elliott thanked the residents of Vance Terrace for coming to Council and speaking to them. So many times we make decisions and do not get the chance to associate with the people whose lives they impact.

Councilwoman Koop thanked the residents of Vance Terrace and extended wishes for helping them in the future as well.

Mayor Burkholder thanked the staff of the Lakewood Housing Authority and the Department of Housing & Family Services for the important work they do in the community.

Vote: All Ayes. No Nays. The motion carried.

ITEM 17- ORDINANCE 2001-48 ORDINANCE AMENDING ORDINANCE NO. O-2001-40 TO VACATE A PORTION OF THE 10TH AVENUE AND DEFRAME STREET RIGHT-OF-WAY WEST OF HAWTHORNE ROAD LOCATED IN THE EAST ONE-HALF OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

Councilwoman Wise made a motion to adopt Ordinance O-2001-48 on second and final reading. It was seconded by Councilman Elliott. There were no public comments. Vote: All Ayes. No Nays. The motion carried.

ITEM 18- ORDINANCE 2001-49 REPEALING AND REENACTING TITLE 4 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE CITY'S PERSONNEL POLICIES AS AMENDED 12/10/01

Councilwoman Wise made a motion to adopt Ordinance O-2001-49 on second and final reading. It was seconded by Councilman Elliott.

Councilman Elliott made a motion to amend Ordinance 2001-49 to reflect that the definition of family not be changed from how it is currently defined in the policies. There were no public comments.

Vote on the amendment: All Ayes. No Nays. The motion carried.

Vote on the original motion: All Ayes. No Nays. The motion carried.

Councilman Elliott stated that the Council did their homework on this item. There were several issues and items to consider and a lot of hard work went into this ordinance.

Councilwoman Martin thanked Ken Milano and his staff for working hard on making the changes to the policies as recommended by an audit firm last year.

ITEM 19 - GENERAL BUSINESS

A. Councilwoman Wise made a motion to hold a Special Meeting of the Lakewood City Council on December 17, 2001 on or about 7:00 p.m. for the purpose of approving an amendment to the Belmar Redevelopment Agreement. It was seconded by Councilman Elliott. Vote: All Ayes. No Nays. The motion carried.

B. City Website Administrator Ron Ritschard updated Council on the City's website. Currently, citizens are able to access most of the Municipal Code, weekly Council agendas and all supporting documents and legal notices on line. A pilot program regarding registration for classes through Community Resources is online. A photo contest is currently underway. Photos of Lakewood will be judged and put on line for a one-month period. Mr. Ritschard encouraged people to enter the photo contest by logging on to www.lakewood.org. In keeping with the Council goals, Mr. Ritschard stated they were researching ways to become more interactive with citizens and communicate with them directly online.

ITEM 20 - REPORTS

Councilman Elliott
Thanked fellow council members for supporting him as the new Mayor Pro-tem and stated he was looking forward to working with Council this year.

Councilwoman Wise
Thanked Council for their support of her as the new Council President. She stated that she considered it a privilege to work with such a dynamic council.

Councilwoman Koop
Congratulated Council members Elliott and Wise on their new positions.

Reported she will be a judge of the O'Kane Neighborhood Holiday Lighting Contest being held on Tuesday, December 18th from 7-10 pm and encouraged residents in the area to turn on their lights that evening. A new judging category of "most patriotic" has been added this year.

Councilman Stevens
Thanked everyone for the opportunity to have served as Mayor Pro-Tem and wished the new Council officers the best of luck in this year's positions.

Attended the Ohio Institute of Broadcasting's Open House last Friday. This is a new business in Lakewood whose focus is an Internet radio station. They also train radio and television personnel. He stated that a possible internship program may be possible with Lakewood's Channel 8 television.

Councilman Booher
Stated he would be attending the Lakewood Luncheon Optimist Club on December 11th at noon at Fox Hollow Golf Course Club House where the Optimists will be giving a $1000 check to the Jeffco Young Ameritown Project. The $1000 will be matched by the Gates Foundation's donation of $1000. The Ameritown Project will be a part of the new Belmar project. The $2000 will be seed money to help the project get started.

Councilwoman Martin
Stated she was looking forward to the Daniels-Welchester McDonald Park Plan dedication. Phase I of the park plan will take place this summer.

Corrected a statement she made at a previous meeting where she stated that the Federal Executive Board was celebrating 20 years of service. They are actually celebrating 40 years of service and she congratulated them again for their successes.

Councilman Murphy
Encouraged the Two Creeks Neighborhood to turn on their holiday lights, as he will be a judge in the contest. The judging will be done from 6:30-8:00 p.m. tomorrow night.

Councilwoman Kesselman
Thanked Councilmen Murphy and Stevens for their service as Council officers last year. She stated she is looking forward to working with the new officers this year.

Attended a National League of Cities' meeting which had the US Secretary of Transportation as the guest speaker. The presentation was based on transportation security and may have local impacts on transportation as well.

Attended a National League of City Transportation Steering Committee meeting where policies were finalized which recommended federal funding of transportation needs.

City Manager Mike Rock
Stated that having the residents of Vance Terrace speak tonight brought to mind the need for future off-site meetings. Staff regularly meets with the citizens whom Council's policies effect and argue passionately because they know the lives they effect. An effort will be made to hold more off-site meetings as they are of great value to the Council.

The City organization lost Judi Kubrough who passed away this past weekend. Judi Kubrough was a member of the Community Planning and Development staff. Her funeral will be held on Thursday, December 13, 2001 at 11:00 a.m. at the Arvada United Methodist Church, 1650 Carr Street. A viewing will also be held on December 11th and December 12th at 10:00 a.m. Additional information will be forwarded to Council via voice mail.

ITEM 21 - ADJOURNMENT

There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 9:50 p.m.

Submitted by

Margy Greer, City Clerk