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ITEM 1 - CALL TO ORDER
Mayor Burkholder 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 Steve Burkholder, Presiding
Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens
Absent: None
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 - PRESENTATION - METRO MAYORS YOUTH AWARDS
Mayor Burkholder presented Metropolitan Mayor and Commissioner Youth Award Nomination Certificates to Kayla Figueroa and Cory Lucas.
LAKEWOOD HOUSING AUTHORITY (LHA) - Councilman Peterson stated that a situation was brought to the attention of City Council regarding a contribution made by the Lakewood Housing Authority to the "Yes on 2A" campaign. The money was refunded to the Housing Authority. He stated that such actions by the Lakewood Housing Authority Board need to be in conformance with its operating agreement and in agreement with the Lakewood City Council. He asked the Director of the Housing Authority to do a complete and thorough analysis of the current Housing Authority and the Board requirements. He asked that the analysis be presented to the Board for their review and approval. The Board should then present them to Mike Rock for his review and approval. Mike Rock should then present the analysis to the City Council for their review and approval. He stated the situation warrants this process.
LHA Member Sandy Maben stated that the Authority has an obligation to ensure that public policy does not hamper their mission of providing safe, decent, affordable housing for the citizens of Lakewood. She asked that City Council not judge the Authority on this one act but on their track record of being a high performing agency, having clean and thorough outside audits from their independent auditors and from the Department of Housing and Urban Development, and other related long-term successes. She stated they would review and possibly update the management agreement LHA has with the City. She stated the LHA appreciates and respects the partnership with the City of Lakewood. She asked for the City Council's continued support the LHA and their programs.
Bob Sandridge, Chairman of the LHA, stated that the LHA authorized and contributed a donation, not using taxpayer dollars, to the Yes on 2A campaign in 2005. The donation was made because of the effect the City of Lakewood budget cuts would have on the LHA clients, particularly the elderly and the low-income families they serve. The passage of 2A would ensure and enhance that client programs would remain in tact. The Authority has since learned such payments from an agency like LHA are not permitted under the Colorado Statutes. The money was returned on December 2, 2005, to the Authority by the Vote Yes on 2A campaign. He stated they understand the money was never used in the campaign. Mr. Sandridge stated that the LHA apologizes for this mistake and they will take steps to ensure that this never happens in the future.
A question and answer period followed between City Council members, Sandy Mabin, and Bob Sandridge. Council members expressed their concerns over the mistake that was made. Mayor Burkholder stated that many of the answers will come out of the requested review of the Lakewood Housing Authority's operating/management agreement.
ITEM 5 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
City Attorney Roger Noonan explained quasi-judicial proceedings as they relate to land use issues in some detail and advised City Council regarding ex parte' contacts.
Brian Waring - 13680 W. 30th Place - Golden, Colorado
Mr. Waring read parts of the U.S. Constitution. He read a poem titled "Eminent
Domain Blues."
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan stated he felt the donation from the Housing Authority to the Yes
on 2A Campaign was fraud. He stated the date on the cancelled check is not reflected
correctly on the reporting forms. He stated it is against the campaign rules
and he will find out through the Secretary of State's Office for sure. He stated
the other one was thrown out because he believes the City Attorney had lunch
with the Judge. He stated that no one called him personally to talk about this
issue. He stated what happened is against the law.
Bill Smith - 1121 S. Johnson Way - Lakewood, Colorado
Mr. Smith stated he distributed a request to City Council. He requested that
the City Council put a plan into place that would allow for the election of
a City Auditor in November 2006, who would have a full staff and independent.
He explained what the duties and responsibilities of the City Auditor would
entail.
Carlo Spano - 2271 S. Holman Circle - Lakewood, Colorado
Mr. Spano stated that geotechnical investigations show areas in the City where
homes would shift 6-12 inches over distance of less than 50 feet. He stated
he hoped the City would listen to the investigation reports as well. Responding
to Mr. Noonan's remarks, Mr. Spano stated that since the Developer was allowed
to address City Council at the last meeting and Mr. Noonan did not stop him
from speaking as he did citizens. Mr. Spano asked City Council if they would
recuse themselves from the vote on the development. A Planning Commissioner,
serving in a quasi-judicial role, attended a neighborhood meeting sponsored
by Carma. He stated he should not have been there and should recuse himself
as well. He stated that if law was to be quoted, make it applicable to everyone
or don't quote it.
Dorothy Wisecarver - 8655 Meadowlark Drive - Lakewood, Colorado
Ms. Wisecarver stated that trust is earned, not inherited. Establishing trust
after doing something untrustworthy takes time. She stated that she believes
the Lakewood Housing Authority knew they were doing something wrong and did
it anyway. An apology from the Housing Authority only means they are sorry they
got caught. She asked for an explanation as to the LHA's chairman's remarks
about the money being "private." She asked additional questions regarding
the actions of the Housing Authority. She stated that the City Council appoints
the Authority Board and the Authority needs an overhaul. An audit should be
done and reported to the public by an independent auditor. She stated there
is a need for an accountability that the citizens are not getting.
Ralph Bashor - 391 Harlan Street - Lakewood, Colorado
Mr. Bashor stated that he was responsible for certain park and recreation acquisitions
for the City. He stated that the citizens do not trust the elected officials.
He stated that serious attention is needed in regards to the Housing Authority.
He stated that national socialist policy is being used by the City in regards
to the article in the City's newspaper. Mr. Bashor spoke about taxes and stated
that the City has wasted a lot of money and needs to stop spending. The City
Manager makes a higher salary than the Governor and has many perks. The Council
needs to do a lot to re-earn the citizens' trust.
Rita Bertolli- 13484 W. Oregon Court - Lakewood, Colorado
Ms. Bertolli stated that a petition was submitted today to downzone property
known as the Green Mountain Ravine. She thanked the City Clerk's Office for
their assistance through the process. Ms. Bertolli explained the petition and
the process. She stated that the process is a tremendous asset to the citizens
of Lakewood and will be used to change future land zoning as well.
Mark L. Davis - 13800 W. Alaska Drive - Lakewood, Colorado
Mr. Davis stated that the agenda states that anyone who wants to address the
Council on any matter may do so. He stated that apparently, this is not true.
He stated that the petitioning process is protected and encouraged by the First
Amendment. He spoke about ex parte communications and the lack of standards
regarding when a matter becomes quasi-judicial or quasi-legislative. Mr. Davis
stated that Planning Commission and City Council would have to recuse themselves
from voting on any development in which they have had ex parte' communications,
when the law states that as long as the communication is disclosed before the
entire body, there is no reason to disallow their participation. He stated that
every development coming before the City should be disclosed to the citizens
and City Council stating which are quasi-judicial or quasi-legislative in nature.
The citizens should know this up front. He stated Mr. Noonan's decisions in
these matters are arbitrary and capricious.
Mike Mueller - Ward 4
Mr. Mueller stated that Mr. Smith is absolutely correct. The citizens should
have a Controller. Analysis is not enough. It should not only be taken to the
Secretary of State, but also to the District Attorney' s Office to see if there
are criminal charges to be filed. He stated that Sandy Maben and Bob Sandridge
were arrogant in their responses and he asked both of them and Tami Fischer
to resign. Mr. Mueller asked if campaign contributions by a developer who has
a plan are considered in these matters. He stated that no one on Council had
looked in this. Mr. Mueller stated that it is a pay off. He stated that the
nonsense needs to stop so the citizens can trust them again.
Michael O'Beirn - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that he was disappointed by the Housing Authority. He stated
the citizens in opposition are capable of filing a suite and the process tonight
should be stopped. He stated that Lakewood and Jefferson County should show
some strength and leadership by accepting the $15 million being forwarded through
the WIRE program from President Bush and putting a program in place with the
private sector. The President made it clear that we have attributes in this
Country regarding alternate energy sources. He asked City Council to prove their
leadership by stepping up and doing something about personal business property
tax.
Holly Graslau
She introduced herself as the Lakewood area representative from Bob Beauprez's
Office and offered for people to contact her regarding any concerns or questions.
Public Comment was closed.
City Attorney Roger Noonan stated he took offense to the remarks made by Mr. Vaughan. He stated he has been an attorney for 43 years and never ever in his life accused of doing anything improper in reference to another attorney or a judge under any circumstances. He assured Council that he represents Council in a professional way and never had a conversation with that judge prior to the hearing on that issue.
Councilman Murphy asked Roger Noonan if he considered the initiative petition, which may be the topic of discussion in an Executive Session, a "takings" of private property.
Mr. Noonan stated that he would prefer to discuss the matter in Executive Session and would not make a public statement regarding the matter.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 6 - RESOLUTION 2006-12 - APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MORRISON AND JEFFERSON COUNTY FOR THE OVERLAY OF ROONEY ROAD, FROM INTERSTATE 70 TO MORRISON ROAD
ITEM 7 - RESOLUTION 2006-13 - ACCEPTING THE BID AND AUTHORIZING CONTRACT FOR THE 2006 CONCRETE REPAIR PROGRAM
ITEM 8 - RESOLUTION 2006-14 - DETERMINING THE BASE RENTALS PAYABLE UNDER THE SECOND AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT ATTRIBUTABLE TO THE REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2006A; AND APPROVING THE TERMS OF A CERTIFICATE PURCHASE AGREEMENT WITH RESPECT TO THE REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2006A
(Item 9 was removed from the Consent Agenda and placed under General Business.)
ITEM 10 - RESOLUTION 2006-16 - ACCEPTING THE BID AND AUTHORIZING CONTRACT FOR THE 2006 OVERLAY AND PATCHING PROGRAM
Public Comment: None.
Councilman Peterson made a motion to approve the council minutes, accept the minutes of the boards and commissions, order all ordinances introduced on first reading to be published in the Rocky Mountain News and public hearings set for the date included in the ordinance, and adoption of resolutions, all of which are included in the Consent Agenda items introduced into the record by the City Clerk. It was seconded by Councilwoman Wise.
Councilman Anderson requested that Item 8 - Resolution 2006-14 be moved from the Consent Agenda and placed under General Business.
Regarding Item 8 - Resolution 2006-14, Finance Director Larry Dorr explained the refinancing agreement and reviewed the anticipated savings by approving such refinancing. Discussion ensued.
Vote on adoption of the Consent Agenda, with the exception of Item 9. 11 Ayes. 0 Nays. The motion carried.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 11 - ORDINANCE O-2006-4 - AUTHORIZING AN EASEMENT TO PUBLIC SERVICE COMPANY FOR AN UNDERGROUND UTILITY LINE AND RELATED FACILITIES FOR A FEEDER LINE LOCATED IN THE GREEN MOUNTAIN RECREATION CENTER LOCATED AT 13198 WEST GREEN MOUNTAIN DRIVE, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
Public Comment:
Rita Bertollil- Ward 4
Ms. Bertolli asked for an explanation on the proposed ordinance.
Mike Connor, Property Management, stated that the ordinance would authorize an easement for Public Service Co. to underground utilities along the eastern boundary of the Green Mountain Recreation Center property.
Councilman Peterson made a motion to adopt Ordinance O-2006-4 on second and final reading by Councilwoman Wise.
Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 12 - GENERAL BUSINESS
A. ITEM 9 - RESOLUTION 2006-15 - APPROVING A CONTRACT AMENDMENT WITH DR ARCHITECTURE, LLC FOR DESIGN AND CONSTRUCTION SERVICES FOR THE RELOCATION OF THE E911 AND EMERGENCY OPERATIONS CENTER AND MODIFICATIONS TO THE MUNICIPAL COURTS
Councilman Anderson stated that he thinks the City would be better served if they worked with Jefferson County and integrate Lakewood Emergency Operation Center with theirs and if that is not possible, then to look at utilizing existing office space at City Hall. He stated there are conferences rooms, television studios, galleries, and underutilized meeting rooms and he wants to start finding savings in everything the City does.
Dick Plastino, Director of Public Works, stated that emergency operation centers, by their very nature, are designed for the worse situation. The City could not combine with Jefferson County because there is an assumption that at the same time Lakewood is having an emergency, there could well be one in Jefferson County. He explained in some detail the safety requirements of an emergency operations center and the need for their separate locations. The City if working with the City of Wheat Ridge to see if they may be interested in a joint project. An EOC facility as well as a 911 facility would need complete backup power which the City does not have on its own. Discussion ensued.
Councilman Peterson made a motion to adopt Ordinance O-2006-15. It was seconded by Councilwoman Wise. Vote: 11 Ayes. 0 Nays. The motion carried.
B. EXECUTIVE SESSION
Councilman Peterson made a motion to hold an Executive Session following this
meeting for the purpose of receiving attorney-client communication per C.R.S.
24-6-402(4)(b) and Section 2.15(c)(4) of the Lakewood Home Rule Charter, specifically
regarding an initiative petition. It was seconded by Councilwoman Wise.
Vote: 10 Ayes. 1 Nay (Elliott). The motion carried.
ITEM 13 - REPORTS
Mayor and City Council 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 Burkholder adjourned the meeting at 9:08 p.m.
Submitted by,
Margy Greer, City Clerk
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