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

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

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 - PROCLAMATION - RECOGNIZING ROBERT CHESTERS DAY
Mayor Burkholder introduced Robert Chesters, the winner of the Sister Cities Music Scholar Award. Councilwoman Kesselman read a proclamation proclaiming April 8, 2002 "Robert Chesters Day".

Mayor Burkholder added two agenda items:

PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS
Lakewood Legacy Foundation Chairwoman Eileen Schurman presented grant funds to Lakewood Teen Court. Trish Thompson and Andrew Brown accepted the grant. Another grant was given to the Lakewood Swim Club. Betty Woods and members of the Lakewood Swim Club accepted the grant. A third grant was presented to the Children's Center at Red Rocks Community College. Carol Harper accepted the grant on behalf of the Children's Center.

PRESENTATION - CITY MANAGER'S OFFICE AWARDS
Joni Inman, Director of the Mayor and City Manager's Office, presented awards the City received from the National Association of Government Communicators. Lakewood received four top awards: a third place trophy for the 2000 Annual Report by Al Pinel and Ron Ritschard, a first place trophy in the category of public service programming for the new police show "Behind the Badge" by Kathie Cable and Kit Lammers, a second place trophy in the category of educational programming for "Behind the Badge" by Randy McNitt, and a first place trophy for Bravo Lakewood, produced by Diana Allen. Ms. Inman thanked Councilman Stevens and presented him with an award for his voice over on the program. Mayor Burkholder congratulated the winners and thanked Joni Inman for the work her Department does in providing quality communication to the citizens.

ITEM 5 - PUBLIC COMMENT

Newt Vaughn - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughn stated that if the public improvement fee looks like a tax, it probably is one. He stated he has a problem if a sales tax is charged on top of the public improvement fee. He stated that Lakewood is an eminent domain city. Mr. Vaughn stated it looks more like a toll. He stated that if you don't know the toll is being added to the product, you don't know whether you want to shop there or not. He stated that a sales tax should not be charged on top of the fee. He stated that public improvements should be included in the developer's contracts as his commitment to the project. Mr. Vaughn stated that he had been involved in the past 12 years in environmental clean up and there is some merit to possibly the public paying some kind of fees to help these contractors clean up these sites. He stated they have an RTD site that they are working on that General Iron Works used as a dump. He stated it is a non-hazardous waste site, but you cannot put it in somebody's backyard. It's going from Santa Fe & Dartmouth out to Erie, Colorado to a landfill that can accept it. He stated he could understand some merits to possibly having fees, but the fees are being abused.

Gary Maxfield - 8965 W. 20th Avenue - Lakewood, Colorado
Mr. Maxfield stated that he had asked the City for help eight years ago regarding traffic problems along 20th Avenue. He stated there was a head-on collision last August, a Blazer wrapped around a tree in front of his office in December, and then a five-car
Pile-up happened outside of his house. He stated he contacted Councilman Murphy, the Mayor's Office, and the City Manager's Office. The Traffic Engineer says it's okay to drive 43 miles an hour down the street and it's one of the safest streets in the City of Lakewood. It has a two to three percent grade. Mr. Maxfield stated he is giving up and sending up the white flag. Last month, the City arborist came out and told him to trim the trees that are planted 15" onto City property. Mr. Maxfield stated that he would no longer do business in Lakewood. He has stopped shopping and spending his money in Lakewood. He will continue to boycott Lakewood.

Mike Muller - 8668 S Owens Court - Lakewood, Colorado
Mr. Muller thanked the Mayor for the letter he received from him. It did answer some of his questions. He stated the Villa site was a priority to him and the neighborhood. He asked to know the cost that Mr. Rock was referring to two weeks ago at a City Council Meeting. Mr. Muller asked the following questions: What would be the total percentage collected with PIF and sales tax by the retailer at the Villa Site or Belmar? Who's going to be auditing those funds? Is it going to be strictly the developer or is it going to the special district? Are they going to be auditing the numbers and report back to you? He stated he hoped it was not Arthur Anderson. He said that Cinderella City is being developed without a PIF. He stated that if private corporation is the best way to go, then why isn't the City supporting private corporation on the assisted living retirement home since there are so many outside the city that would love to do that and know how to do that. He also asked why the Mayor was at O'Tooles last week working a land deal for RTD and if that was part of the Mayor's responsibility.

Walt Heidenfelder -13009 W Ohio Avenue - Lakewood, Colorado
Thanked the Mayor and City Council for the job they have done. He stated he moved back to Lakewood four years ago after having been gone for a number of years. It is a wonderful community to live in and he stated he likes the attitude of community spirit and City Council's interest in reinvestment in the community. Mr. Heidenfelder stated that he was reminded of that when he first got out of the Air Force; he lived in East St. Louis. He stated it was an awful place to live and crime was at an all time high, unemployment was way above 20%. Most people did not stop to shop. They just wanted to get out of there in one piece. He stated it was the result of a community not investing in itself. Whether there is an argument about taxes or a fee, it's semantics. The point is, somehow the reinvestment in Lakewood has to take place. He stated that he knows that citizens in his neighborhood understand that. Mr. Heidenfelder stated he appreciates the job City Council is doing and he's glad that he lives in Lakewood.

Mayor Burkholder stated that several weeks ago Mr. Muller was at a Council meeting and asked some questions. Mayor Burkholder stated that he would go back to what he said originally and that is that this has been an extremely public process as Council moves forward on the financing at what was Villa and now Belmar. An executive session was held where Council originally talked about the various financing mechanism that were possible. At that time, Council directed the City Manager to look into the various alternatives that were presented. Among those was the PIF. Council is looking at this as a quality of life issue. Council then held a televised study session which is not typical, but Council felt it was important for the public to understand. The complete discussions of the various financing mechanisms were made extremely public. Council held a public hearing and three or four people commented that evening. There was a unanimous vote by Council to move forward with the financing mechanism. By adopting the financing mechanism, the City essentially entered into a contract. He explained that the reason the financing is so critical is because this 100 acres is considered a gray field. It is a field that really is not producing what it should and it is much easier for the private sector to go to the edge of the city and create more sprawl by developing that area. The City tries to level the playing field. The City respects the taxpayers in the community and is not going in debt on anything This is how the Public Improvement Fee can help. It was stated earlier it is not a tax, and under Colorado law it is not a tax. The PIF or the Public Improvement Fee is strictly for the private developer to pay for the public improvements. The debate that Council had is on how to move forward. Council's choice could have been to do nothing. The City would have ended up with a fenced in, boarded up mall that served no use. The sales tax revenue which this city lives and breathes on has declined by 80% since 1994. The question was how to move forward and basically create this new downtown for the City of Lakewood, a place where people can live, a place to shop, a place where people can be entertained.

Mayor Burkholder stated that part of the financing structure was to waive one percent of the sales tax. He stated that a question was asked regarding what the estimated one percent rebate to the developer would be. Mayor Burkholder stated that there is absolutely no rebate to the developer. The City of Lakewood waived one percent of the tax. He stated that this is a quality of life issue and not an issue of revenue. By moving forward, some additional revenues will be created that are going to be able to provide police, pothole reductions, and parks. The result of the direction from City Council to the City Manager created a positive situation. He stated that Belmar is setting a standard throughout the United States for the redevelopment of old, dying malls. The priority for City Council two years ago was to solve Villa and the City is moving forward on that issue.

Councilman Murphy stated that he witnessed the two unfortunate accidents Mr. Maxfield spoke about. He stated that 20th Avenue is like a lot of places in the City. People are driving a little faster than they should. Mr. Plastino's department has put in some terrific improvements on 20th Avenue to help make traffic run smoother. Speed trailers have been placed there, the Police are out there when they can be, and the City will continue to work on those traffic issues.

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

ITEM 6 - RESOLUTION 2002-20 AUTHORIZING THE CITY OF LAKEWOOD TO PAY VARIOUS COMPANIES FOR EMPLOYEE BENEFIT PROGRAMS

ITEM 7 - ORDINANCE O-2002-21 A RESOLUTION ASSIGNING AND TRANSFERRING TO THE CITY AND COUNTY OF DENVER, COLORADO, A PORTION OF THE CITY OF LAKEWOOD'S 2002 ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF LAKEWOOD WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND THE SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT, AN ASSIGNMENT AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH

ITEM 8 - RESOLUTION 2002-22 APPOINTING MEMBERS TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS

ITEM 9 - RESOLUTION 2002-23 SUPPORTING THE WADSWORTH BYPASS/BURLINGTON NORTHERN GRADE SEPARATION

ITEM 10 - RESOLUTION 2002-24 AUTHORIZING AMENDMENT OF THE CITY OF LAKEWOOD POLICE MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT BY ADOPTION OF THE SECOND AMENDMENT

ITEM 12 - ORDINANCE O-2002-9 CREATING THE OFFICE OF EMERGENCY MANAGEMENT AND SETTING FORTH THE POWERS AND DUTIES OF THE EMERGENCY MANAGER

ITEM 13 - ORDINANCE O-2002-10 ORDINANCE AMENDING CHAPTER 1.25 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE OFFICE OF ENVIRONMENTAL MANAGEMENT AND AMENDING REFERENCES TO THE ENVIRONMENTAL MANAGER IN SECTIONS 9.30.010, 10.39.120, 13.14.090 AND 14.07.060 OF THE LAKEWOOD MUNICIPAL CODE

ITEM 14 - ORDINANCE 2002-11 ORDINANCE TO VACATE A PORTION OF WEST 11TH AVENUE, SHOWN ON THE LAKEWOOD SUBDIVISION PLAT AS PARK AVENUE, ADJACENT TO THE PROPERTIES AT 1090 INGALLS STREET AND 6070 WEST 11TH AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

ITEM 15 - ORDINANCE O-2002-12 AMENDING SECTIONS 17-2-2, 17-9-1, 17-9-2, 17-9-4, 17-9-5, 17-9-6 and ADOPTING NEW EXHIBITS OF THE LAKEWOOD ZONING ORDINANCE

ITEM 16 - ORDINANCE O-2002-13 AMENDING CHAPTER 17-15 OF THE LAKEWOOD ZONING ORDINANCE RELATING TO THE ADOPTION OF NEW EXHIBITS

ITEM 17 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Lakewood Senior Citizens Advisory
Commission January 9, 2002
Commission on Cultural Diversity
and Human Relations February 6, 2002
Lakewood Housing Authority February 28, 2002

Public Comment

Johann Cohn - 1208 South Brentwood Street - Lakewood, Colorado
Mr. Cohn spoke about Resolution 2002-25 regarding the single source contract for design services for the Heritage Center Visitors Center. He urged Council to defer all further contracts that deal with Belmar Park. He stated the Visitors Center is somewhat controversial. He urged Council to pursue a public dialog before doing any further planning, especially for a larger visitors center.

Councilwoman Wise made a motion to approve the Council minutes; to accept the minutes of Boards and Commissions; and ordered 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 ordered the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the City Clerk. The motion was seconded by Councilman Elliott.

Councilwoman Herbst asked to pull Item 11 - Resolution 2002-25 from the Consent Agenda. Mayor Burkholder stated it would be voted on separately under General Business

Councilman Murphy asked Larry Dorr of the Finance Department for more information on Resolution 2002-21. Larry Dorr explained that the allocations are renewed each year and not carried over from year to year. The resolution allows for another $2 million in bonds to be made available through the Metro Mayor's Family Revenue Bond Program.

Councilman Elliott asked Mr. Dorr how citizens are made aware of this program.
Mr. Dorr stated that citizens may contact the City's Housing office or download information from the Metro Mayor's Caucus website.

Councilman Murphy asked what the cost was to the Lakewood taxpayers. Mr. Dorr stated that there is no cost to the citizens of Lakewood. Through a pooling of resources through Metro Mayors, any costs are put into the bond issue itself. There is no cost for the administration on behalf of the City of Lakewood. There is no debt or financial obligation incurred by the City at all. It's the pooling of resources that allows tremendous economies of scale. City Manager Mike Rock stated that the Colorado Housing and Finance Authority would also have information available on this program.

Councilwoman Koop asked Larry Dorr for an overview of the program. Mr. Door stated that Colorado State Statute has established the private activity bond program. What the City is doing, via this resolution, is transferring a portion of its allocation to the City of Denver so it may pool its resources. This resolution would allow for the transfer of $2 million dollars of Lakewood's allocation that will be pooled with 26 other municipalities, making $22 million in loans available throughout the Metro Area.

Councilman Murphy asked if discussions with the Denver Water Department had taken place in regards to changing the street widths in the modification of the zoning ordinance. Sue Pearcy, Lakewood Planning Department, stated that the Denver Water Board was involved in the initial discussions and the City has had numerous meetings with them regarding this matter.

Councilwoman Kesselman stated that Resolution 2002-23 is another example of regional cooperation. The City is working hard with the Department of Transportation to identify priority projects within Jefferson County. She stated that the bypass is going to be constructed at the intersection of Grandview and Wadsworth and the Burlington North railroad tracks that cross Wadsworth. She stated it's a very dangerous and difficult traffic location.

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

ITEM 18 - ORDINANCE O-2002-8 TO REZONE LAND LOCATED AT 595 SOUTH HARLAN STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO

Mayor Burkholder opened the public hearing.

Applicant: Gary Drotar - 11430 Moline Street - Henderson, Colorado
Mr. Drotar stated the property is located across from Deane Elementary School. There would be less maintenance on the back area and it could be sold and developed. The property is large enough to do this.

Rebecca Farrar, Project Manager, City Planning Department, stated that the applicant is seeking to rezone the property at 595 South Harlan from the 1-R, which is the large lot zone residential district, to the 2-R, which is small lot residential zone district.

Public Comment

Linda Shepard - 6394 W. Ohio Avenue - Lakewood, Colorado
Ms. Shepard stated that surrounding the property in question is 2R and 3R zoning. The 2R has small one-story houses, but the houses are small enough that they don't take all of the land with them. This gives the feeling of a rural area. On the east side of Harlan Street is a school and a park with a great deal of open space. This also gives the feeling of a rural area.

Ms. Shepard read from the Jefferson Gardens Plan stating that on page under "development standards", it says the residents of Jefferson Gardens want new development to fit into the existing character of the neighborhood, to look like it belongs to the country rather than bring the City to their doorstep. Again on page ten regarding zoning, she stated that it said that the existing zoning, land use, and parcels subdivided into three or more lots must have an average 30,000 square foot parcels. Subdivided into two lots must be at least one half acre. She stated she is not totally against rezoning the property, but is against the possibility that a 2-story house would be built in the rezoned, subdivided piece of property. Once it is rezoned, the neighbors will have no say as to what is being built there. She stated this has already happened on the Jefferson Gardens Neighborhood in the last couple of years. She stated that the neighbors have no say and the planners will only be able to suggest what to do on the land.

Mayor Burkholder stated that Sandy Budzitowski did sign the public hearing roster, was in favor of the question, but did not wish to speak.

Mayor Burkholder closed the public hearing.

Councilman Stevens asked what stipulation could be placed on the property in regards to the size of a home at the time of zoning. Rebecca Farrar stated that under the 2R zone regulations, there is a maximum building area, which basically means a percentage of the lot can only be covered by the home, the rest of the area has to be open space. For the 2R zone district, it's 45% lot coverage. And then there is set back requirements. For this particular piece of property, it would be 25 feet from the front set back off center. Should the property be subdivided, setbacks would be five feet for side and 20 feet for the rear.

Councilwoman Herbst asked why the property is the only one on the block that falls into the Jefferson Gardens Neighborhood Plan. Rebecca Farrar stated that she is unsure, but thought when the plan was developed several years ago, they must have done surveys of the area and because of the lot size and resident involvement, it was included in the Jefferson Garden Plan.

Councilwoman Herbst asked, with the rezoning, if it would fall out of Jefferson Gardens and become part of Martindale.

Councilman Booher asked if there was any architectural controls in place in regards to a possible two-story house and the open area. Rebecca Farrar stated that once the property is subdivided, all single family homes will need to adhere to the Article 15 - Site Development Standards and plans would be submitted to staff for review. Sue Pearcy, Senior Planner, stated that when those single family home plans are submitted, staff would review the Jefferson Gardens Plan for compatibility as well.

Frank Gray stated that the Jefferson Garden boundaries were established by the current zoning on the property. There was no logic other than trying to keep the 1R zone districted together.

Councilman Murphy asked if the 35' height limit was from grade and how the change to the grade is monitored. Sue Pearcy stated that it is controlled from an engineering standpoint regarding avoiding problems with neighbors on either side and through the enforcement of sound building practices. Councilman Murphy stated that he is concerned that this is the second rezoning of property within Jefferson Gardens brought before Council within a short period of time and stated he is concerned about maintaining the integrity of the Jefferson Gardens Plan. Sue Pearcy stated that the City Planning Department intends to respect the Plan as well. Any builder the Department works with will be required to meet the Plan's goals.

Councilwoman Martin asked if the school property was the only property zoned 3R just east of this property. Rebecca Farrah stated that there is another property zoned 3R as well as single family and duplex residential zoning east of this property.

Councilwoman Koop asked if the property was rezoned if the sheds on the property would have to be removed. Rebecca Farrah stated there was a note on the bottom of the conceptual site plan which states that the sheds would have to be removed prior to approval of the final plat. She stated the City does not allow subdivision of property with accessory structures on them.

Councilwoman Wise made a motion to adopt Ordinance 2002-8 on second and final reading. It was seconded by Councilman Elliott.

Councilman Stevens stated that stipulations and guidelines are in place and he feels it would be a good fit into the character of the neighborhood and the neighborhood plans. He stated he would be supporting it.

Councilwoman Herbst stated that she would also like to ensure the integrity of the Jefferson Gardens Plan and the South Alameda Area Plan. Councilwoman Herbst stated she reviewed the case very thoroughly as well as both Plans and that she would be supporting the rezoning.

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

Mayor Burkholder recognized members of Boy Scout Troop 748 who were in attendance.

ITEM 19 - GENERAL BUSINESS

A. ITEM 11 - RESOLUTION 2002-25 FOR THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATED TO THE LAKEWOOD HERITAGE CENTER VISITOR CENTER

Nina Johnson, Manager of Heritage Culture and the Arts (HCA), stated that HCA had a formal bid process in 2000 and contracted with Oz Architecture. Oz Architecture held meetings at the Arts Bridge to receive public comment. During the time period between when Oz finished the original plan for the building and the time that HCA raised enough funds for the construction of the building, Oz's contract had lapsed. The money has now been raised for the construction of the Visitors Center and the resolution before Council tonight would reinstate the contract with Oz Architecture.

Councilwoman Herbst asked Ms. Johnson to explain what the public process consisted of in the year 2000. Ms. Johnson explained that although she was not on staff in 2000, she visited with the architect and was told that the public meetings and opportunity for public input did take place. Ms. Johnson offered to obtain the details on the public process for her.

Councilwoman Herbst asked if everything on the plan was the same as the original plan. Ms. Johnson stated that the exterior of the building is the same. The interior program of the building, regarding what the different rooms will be used for, has been slightly altered. Originally, the building was going to have a basement and an elevator. Due to the expense, those were removed from the plan and a small catering kitchen that could be rented by citizens was included in the plan. The building is approximately 5800 square feet in size.

Councilwoman Saum asked why there was an urgency in going ahead on this. She stated there is still a lot of discussion about the whole village concept and involving the citizens. She asked if there would be a problem in delaying this. Ms. Johnson stated that the funding sources have already been notified that HCA would be moving forward with the project. A schedule has been put in place.

Councilwoman Saum stated there had been a lot of discussion recently and it seemed that the City was ignoring what citizens were saying by moving forward. She stated she had asked for Council to pause and rethink what was being done at the Heritage Center and was surprised to see this on the agenda. She stated she felt there was some consideration given to rethinking the whole plan.

Mayor Burkholder stated that Council held a study session and received all of the details of the Heritage Center. He stated there has been public process since 1996 and at that time Council unanimously supported moving ahead on the Heritage Center. The consensus of Council at the recent study session was to move forward as well. Mayor Burkholder stated that the vote tonight is for renewal of a contract with the architect, not whether the Heritage Center will move forward or not.

City Manager Mike Rock stated that Councilwoman Saum did raise the idea of a moratorium on moving forward on the Heritage Center; however, it was his understanding that the rest of Council did not support the idea. He stated that his staff understood they were to move forward on the project. He stated that if staff misunderstood the outcome of the study session, then clarification from Council was needed. Staff is asking to renew the contract with the same architect who worked on the plans from the beginning. Better use of the money and space was made on the plans without reducing the quality of the design. The alternative would be to hire a new architect and that architect would have to work with someone else's design. The City could not capture those cost savings. While their was some debate among Council, Mr. Rock stated that staff felt they were given very clear guidance to continue with the process and to continue to involve the Heritage Cultural and Arts Commission. The Visitors Center has been the major focus of the fund raising on the Heritage Center.

Councilwoman Martin stated that at a Town Hall meeting last Saturday, some citizens wished to have a public forum to discuss the Heritage Center again. Councilwoman Martin stated that Councilwoman Wise pointed out that the City does have a citizen's committee and it is the Heritage Culture and Arts Commission. These citizens have been involved with the decisions being made. HCA has a public comment time on their monthly agendas and the public could come and express their feelings at that time. Councilwoman Martin asked for patience and trust in staff and the citizens group, to do what they can.

Councilwoman Wise stated that she had been approached by citizens regarding the Heritage Center and in turn, contacted staff to see if a public forum could take place. She asked if Nina Johnson and her staff could facilitate such a forum so the citizens could discuss this further. She stated that she would be voting in favor of renewing the architecture contract.

Councilwoman Herbst stated that she realizes the need for the Visitor's Center, but she is concerned about the future buildings. At some time a public forum is needed, at a minimum, to discuss the rest of the buildings being placed at the Heritage Center in the future.

Mike Rock stated that staff will work with the Heritage Cultural and Arts Commission to set up a forum to hear the public regarding future development of the site. However, the two items indicated in the study session that are underway are the Visitor Center and the diner. The City needs to stay on schedule with them because agreements are already in place. He stated that the HCA staff and commission will conduct a public forum regarding the remainder of the build-out of the Master Plan.

Councilman Booher stated at the study session he supported moving forward on the project. He also stated that he understands the concerns of the citizens and asked what the specific damages would be if the project did not move forward until after a public forum was held.

Mike Rock stated that he was concerned that an expectation would be created that somehow by holding this forum that the building would not be constructed. He stated that a substantial amount of money has been spent on design and funds have been raised accordingly. Mr. Rock asked for clarification on the intended outcome of the public forum. He stated that a delay in approving the contract with the architect could possibly cause the City to rebid the architectural services. He stated there were two issues to consider. One is the expectation created by holding a public forum and two, the fund raising was done with the original plan in mind. Again, he stated that staff had received clear direction at the study session.

Councilwoman Saum stated that it seems that every time she looks at the plan it has changed. She stated she had been keeping track of the plan through the years. She stated the current plan has tourist cabins, an auto dealer, a trolley stop, the diner, Gil & Ethel's, a service station, a firehouse, and a motel with carports. She said every time she looks at the plan more has been added. This is why she is concerned.

Nina Johnson stated that there were a series of plans that were brought forward prior to 1996, but HCA is currently working on the one which was unanimously adopted by City Council in 1996. The details of the plan call for some specific buildings and other buildings to be determined at a later date. Some of the undetermined buildings have since been identified and will either be moved onto those spaces or replica structures will be created.

Councilman Booher asked if a dollar amount could be put on waiting 30 days to clear the air on this issue.

Mike Rock stated that the City could ask the bidder to extend his bid or the City may have to rebid the project.

Councilman Booher asked if it would be significant and if HCA would lose sponsors by waiting.

Mike Rock stated that the answer was unknown at this time. He asked what Council would be trying to accomplish during a waiting period. He asked if Council wanted a public hearing and then have the issue brought back to Council again. Mr. Rock asked if City Council needed information different than what was provided in the study session.

Councilman Stevens stated that the vote tonight should not be a referendum on the 20th Century Museum. That was decided long ago. He stated that it was clear at the study session that the possibility of taking a pause was raised and was not favored by Council. He said discussion was held and the money has been raised. The plan has been in place for 20 years, specifically, the Visitors Center since 1996. While the exhibits may have changed, the plans have been pretty constant during that time. The area designed for the museum is roughly 13% of the park space. This is not unusual in terms of discussions being heard concerning City parks. There are a lot of people that feel the parks should be passive and should be left exactly as they are with no development or sport facilities. In this case, Council is talking about a museum. The analogy translates to other park, as well. Councilman Stevens stated that people contact him stating that City Council must favor prairie dogs over children because the Council is not willing to develop certain areas. When sport facilities are constructed, others call and ask to keep the parks passive. He stated the Heritage Center is less than 13% of Belmar Park and the plan has been in place and the money has been raised. Council has talked about it and the plan is a good one. The vote tonight on the architectural contract should not be a referendum on the 20th Century Museum. He stated he would be supporting the resolution.

Councilwoman Koop stated that she understood the reservations and concerns of the people. She stated that she had received phone calls in favor of what the City is doing at Belmar Park. She stated citizens told her they were on those citizen committees and they did have their input and were listened to. They are hoping Council does not go back on what they have worked on for years. She stated that perhaps a balance to involve the citizens in future decisions would be helpful. She asked for clarification regarding the language written in the resolution regarding the City Manager signing and City Clerk attesting the contract and the amount of $130,000 being paid by the City.

Ross Williams, Park Planner, stated that the provision regarding signatures is a standard provision used in contracts and that the amount would be paid through the City with grants and donations earmarked for this project. The dollar amount is an amount "not to exceed" and does cover any potential change orders on the project.

Johann Cohn stated that he would like a moratorium on all structures. He stated he and others would like the whole thing torn down and moved and others have voiced their opinions. He stated that he would like all planning and building to cease. Mr. Cohn stated he understood it is driven by private foundation money. He stated the foundation money could be used better in other places and for other causes. He stated that the City should stop and regroup and take another look at the original purpose of the park as well as the 1996 decision. He said the 1996 plan does not mention a 20th Century Museum. It does say something about a Heritage Center. He asked Council not to pass the resolution. Mr. Cohn stated he wanted the contract suspended.

Councilman Murphy stated that Councils in the past have been guilty of giving staff clear direction in study sessions. Direction in which staff acted upon and then a week or two later, due to letters to the editor or public comment, there was temptation to waiver. He urged Council to stay the course with the direction given to staff a few weeks ago. He stated Council should move forward as they indicated they would a few weeks ago.

Mayor Burkholder stated that Council was not voting on a park. They are voting on renewing a contract that is being brought forward at a lower cost. There has been a tremendous amount of community involvement. He stated he respected Mr. Cohn and has known him for many years. In 1996, the Council set a course through the public involvement process, and the community has been involved. He stated it would be a huge mistake to open this up again because Council would create false expectations. Lakewood has a commitment to open space with over 7200 acres of open space and an addition of over 300 last year. The 20th Century Museum will allow for a great opportunity for the ability to interpret what it was like to live in Lakewood in the 20th century.

Councilwoman Wise made a motion to adopt Resolution 2002-25. It was seconded by Councilman Elliott. Vote: Ten Ayes. One Nay. (Councilwoman Saum). The motion carried.

Mike Rock stated that Council comments would be passed along to the HCA Commission and he would ask them to put together a structure for public input

B. Councilwoman Wise made motion to hold two Executive Sessions for the purpose of developing strategies for negotiations regarding Rooney Valley pursuant to C.R.S. 24-6-402(3)(e) and the Lakewood Home Rule City Charter Section 2.15(2) and for the purpose of developing strategies for negotiations regarding an intergovernmental agreement regarding juvenile sex offenders pursuant to C.R.S. 24-6-402(3)(e) and the Lakewood Home Rule City Charter Section 2.15(2). It was seconded by Councilman Elliott. Vote: All Ayes. No Nays. The motion carried.

ITEM 20 - REPORTS

Mayor Burkholder
Introduced Bruce Degato, an audience member who he had met in California when he was giving a presentation on metro cooperation. Mr. Degato was attending a conference in Denver and requested a tour of the infill projects Lakewood is doing.

Councilman Elliott
Reported that the Ward 4 Coalition meeting mentioned at the last Council meeting as being held on April 10th is being rescheduled. He stated he would follow-up with a meeting date.

Councilwoman Wise
Stated that State Representative Kelly Daniel asked her to request Lakewood citizen input on House Bill 1410 regarding the carrying of concealed weapons. It is a time sensitive issue being voted on at the State Capital and citizens were urged to call Representative Daniel at 303-866-2951 with their comments.

Reminded the voters in Lakewood who are affiliated that caucuses are scheduled for April 23rd and to please participate in their government. She stated that caucuses were the beginning of an incredible democratic process enjoyed in the United States and she urged everyone to attend.

Councilwoman Koop
Congratulated students in 2nd & 3rd grade at Bear Creek Elementary school. She distributed awards for their participation in the Martin Luther King Day Celebration.

Councilman Stevens
Reviewed an article titled Mall at a Crossroads which was in the Rocky Mountain News. It gives the story of Crossroads Mall in Boulder. While it is only two-thirds the size of Villa, the article talks about the trials and tribulation that that mall has endured, what that owner and City of Boulder have faced in trying to redevelop it, and it mentions the role Foley's has played in allegedly killing one of the potential redevelopment plans.

Councilman Stevens stated that some citizens were upset with the City as a result of Foley's choosing not to sign a lease with Continuum at the new Belmar Project. He stated that rent was a small issue in the breakdown of negotiations between Continuum and the May Company. The issue of control was certainly a bigger issue. He encouraged everyone to read the article. The article mentions what happens to surrounding businesses when a mall falls into decay and the difficulty of rejuvenating a dying mall. He stated that Boulder came to the same conclusion about Crossroads that Lakewood came to about Villa and that is that the site as a regional mall would not work, but the site could still be successful because of the public and private partnerships involved.

Councilman Stevens stated that recently there have been those that have criticized the Mayor and City for the financing proposal on the Belmar project; however, as the Chairman of the Citizens Advisory Committee that worked with the citizens as well as business, he stated it was their hope to find a way to get the project to break even and eliminate the eyesore in the middle of the City that would ruin not only the values of the business, the property values of the businesses, but also the residences that are located near by. Instead, there is now a plan where the City actually makes money through renewed sales tax revenue.

The developer is taking the risk by paying $120 million up front on public improvements. The developer is paid back over a 25 year period of time by revenues from the site and not from the general taxpayer. This means citizens and shoppers from Denver and the surrounding areas. Councilman Stevens stated that he is proud of what Council and Lakewood have done. They have not buried their heads in the sand, nor has Council ignored the problem. He stated Council met the issue head on and have been upfront and made it a public process. He stated the City will be in good financial shape as a result of these decisions and will be able to provide services to the citizens as a result of that. He thanked Mayor Burkholder for his leadership role in this area.

Councilman Booher
Stated that last Friday he went to one of the most important things since his short tenure on Council. He attended the second day of the workshop of the Jefferson County Children's Advocacy Center. It was the beginning of Child Abuse Prevention Month. He stated he was wearing a blue ribbon in recognition of that. He stated that protecting the children is one of their highest priorities. He stated he is dedicating himself and will put a lot of energy and passion into working to help the organization.

Councilwoman Martin
Stated that two Ward 1 residents had received recognitions sometime ago. David Nestor, owner of Foothills Lighting, was chosen as one of Channel 7's Community Contributors. This weekend, one of the 7th graders from DeEvelyn School, who also lives with her family in Ward 1, has been placed 3rd in the state in Geography. She congratulated them both.

Reminded everyone of the Good News Breakfast, at 6:59 on April 9th at the Jeffco Fairgrounds. Tickets may be purchased at the door.

Stated that she had attended a Liquor Authority Training Session. This is presented for people who serve or sell alcohol within the City to inform them of the laws regarding liquor establishments. She stated the training was very thorough and very complicated. Councilwoman Martin congratulated staff for the good job they did on the training.

Councilman Murphy
Stated that a draft ordinance was forwarded to Council in their Friday packet. He asked Council to please review the ordinance. A lot of exhaustive technical research by Dick Plastino, Peter Naydell and others went into the drafting of this ordinance. The draft is also being forwarded to the Two Creeks Neighborhood Organization and to the crematoriums in Lakewood for their review and comment. There will be a study session with Council within the next few months to discuss the issue.

Announced the Edgewater Neighborhood Meeting on April 17th at 7:00 p.m. and an Eiberhood Neighborhood Meeting on April 18th at 7:00 p.m. at the Clements Center.

Councilwoman Herbst
Announced the Middle School Art Show will be held at the Cultural Center April 19-25 and invited everyone to attend. Her daughter has a piece of artwork on display in the show.

Announced that Councilman Elliott and she would be at Alameda High School on Saturday teaching 40-minute classes on the Method of Power and Control to ten area high schools. It is the first Regional Leadership Conference that Jefferson County has hosted.

Announced that she was informed last week by the Governor's Office that she had been appointed to the State Juvenile Parole Board.

ITEM 21 - ADJOURNMENT

There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 9:04 p.m.

Two Executive Sessions were held following the meeting.

Submitted by

Margy Greer, City Clerk

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