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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 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
Ed Peterson
Sue King
Mike Stevens
Vicki Stack
Bob Murphy
Cheryl Wise
Ray Elliott
Debbie Koop
Doug Anderson
Diana Allen
Others in attendance: Tim Cox, City Attorney
Dick Plastino, Acting City Manager
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 - MEET THE BLIND MONTH
Councilman Murphy read a proclamation recognizing the month of October as National
Federation of the Blind Meet the Blind Month.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 5 - RESOLUTION 2007-53 - ENDORSING THE 2008-2012 HOUSING AND COMMUNITY DEVELOPMENT PLAN AND ESTABLISHING PROJECTS AND PROJECT FUNDING LEVELS IN THE 2008 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM
ITEM 6 - RESOLUTION 2007-54 - AUTHORIZING AN AGREEMENT WITH GREEN TREE METROPOLITAN DISTRICTS NO. 1 AND NO. 2 REGARDING CONSTRUCTION OF AN INTERCHANGE AT C-470 AND ALAMEDA AVENUE
ITEM 7 - RESOLUTION 2007-55 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND ANTHONY A. RITSMA ACROSS A PORTION OF LOVELAND TRAIL PARK ADJACENT TO THAT PROPERTY LOCATED AT 2293 SOUTH COORS STREET, TO ALLOW FOR A SUBSURFACE SIX INCH PIPE AND RELATED FACILITIES TO CONVEY GROUND WATER FROM THE PROPERTY AT 2293 SOUTH COORS STREET TO A DRAINAGE STRUCTURE LOCATED IN SAID LOVELAND TRAIL PARK
ITEM 8 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Planning Commission Meeting, July 18, 2007
Lakewood Planning Commission Meeting, September 5, 2007
Public Comment: None.
Councilwoman Wise: Made a motion for approval of the Council minutes, for acceptance of the minutes of the Boards and Commissions, and for adoption of Resolutions, all of which are included in the Consent Agenda items introduced into the record by the City Clerk. Councilman Murphy seconded the Motion.
Council Discussion:
Councilwoman Stack requested Item 5 - Resolution 2007-53 be removed for separate vote.
Councilman Anderson asked that Item 6 - Resolution 2007-53 be removed for separate vote.
Vote on Items seven and eight of the Consent Agenda. 11 Ayes. No Nays. The motion carried and the Consent Agenda was adopted.
ITEM 9 - GENERAL BUSINESS
Item 5 - Resolution 2007-53 was reintroduced by the City Clerk.
Councilwoman Stack asked about the goals and action steps in the Needs Assessment and the maps and list of current group homes and public housing in the Analysis throughout the Thirteenth Avenue Corridor. She asked why isn't more affordable housing being spread throughout the City instead of one area of town?
Tami Fischer, Director of Housing and Family Services and the Executive Director of the Lakewood Housing Authority explained that the Needs Assessment was created by Community Strategies Institute, an independent third party. The action plans and goals are their recommendations as required by HUD and is not something the Housing Authority or the City of Lakewood created.
Councilwoman Stack stated that when we are talking about group homes and different public housing it has always been acceptable to spread it out among the different Wards. The Needs Assessment and the Analysis documents talk a lot about concentrating everything along the light rail corridor. Are we following this proposal as the Lakewood Housing Authority (LHA)?
Tami Fischer responded that the LHA does not have any group homes in the City of Lakewood. In addition, all public housing that will ever be public housing in the City already exists. We are not building or creating any new public housing.
Councilwoman Stack asked if Council was being asked to accept the Needs Assessment and Analysis this evening?
Tami Fischer answered that the documents don't specifically state public housing as it is a Federally funded affordable housing program for units that are owned by the local housing authority and we do not have any additional funds, nor will we be creating any additional public housing.
Councilwoman Stack stated that she was confused as to referring to these two documents but voting on something different.
Amy DeKnikker, Associate Planner/CDBG Program Manager answered that the two documents that are being referenced are independent studies that were contracted through a consultant group to provide information on housing needs and fair housing choice analysis of impediments. These are back-up documents to the housing and community development plan. We are not asking for any Council action on either of those plans.
Councilwoman Stack asked if they would be followed or if they were completely separate documents.
Amy DeKnikker reiterated that they are independent recommendations and suggestions from an outside agency. Staff will implement those, when appropriate, but they are in no way a policy document.
Mayor Burkholder clarified that what is being voted on tonight is the annual Home and Community Development Block Grant program, which is federally funded.
Tami Fischer stated that that was correct and added that the reason the documents aren't familiar is that they are required by HUD to provide this back up documentation every five years. She reminded Councilwoman Stack that at the Study Session, Amy DeKnikker and Kim Buehler broke down how they would be spending the CDGB and the home funds.
Councilwoman Stack asked if Council accepts Item 5, are they also accepting what is in the reports?
Tami Fischer answered no.
Mayor Burkholder reaffirmed that the LHA, which has been honored as one of the best performing housing authorities in the United States, is a separate entity from the City of Lakewood.
Tami Fischer added that the LHA is not a direct recipient of these funds, which come to the City. If the City so chooses, they can subcontract with the LHA to carry out some of the objectives and goals for CDBG.
Councilwoman Wise: Made a motion for the adoption of Resolution 2007-53. Councilman Murphy seconded the Motion.
Vote on Item 5, Resolution 2007-53: 11 Ayes. No Nays. The Resolution is adopted.
Item 5 - Resolution 2007-54 was reintroduced by the City Clerk.
Councilman Anderson expressed his frustration that Council received the Inter-Governmental Agreement (IGA) for the C-470 interchange this evening. In reading through it, on page 3 of the covenants and agreements under the numbered three paragraph, third paragraph of that item, "…unpaid hereunder shall be deemed City contributions to the project and the District's obligations to repay such amount hereunder shall be discharged." He asked for an explanation of that because if he is reading that correctly, it means that the District could not repay the City of Lakewood and he would like to know about that. He asked if a staff member could answer that.
Mayor Burkholder asked Tim Cox, City Attorney to discuss how this came about. He added that as a matter of policy, City Council authorizes any of the staff to enter into certain IGAs.
Jay Hutchison, City Engineer presented history of the project. In about 1990, City Council passed a Resolution endorsing the interchange. One of the things that occurred at that time was that there was very clear direction given by the State that there would be neither Federal nor State funds involved in the project so it was up to the community to find the local funding. No activity occurred in the valley for a period of time near where the interchange was constructed but things are beginning to change in the area now. About a year ago, City Council authorized an IGA with Jefferson County in which the County agreed to provide six million dollars for the interchange and the City committed to provide three million dollars which wasn't enough to pay for the interchange but it was a big step forward and the entities committed to finding the remaining necessary funding. Since that time, the formation of the Green Tree Metropolitan District has occurred and will provide the remainder of the funding. About a month ago, Council approved the budget that includes the three million dollars that the City has agreed to provide.
During recent discussions with the Green Tree Metropolitan District, the possibility arose that the City and the County might receive some money back but there is no guarantee that this will happen and it has not been a part of the agreement all along. They do not have the authority to issue bonds at this point but they anticipate having that authority after a required election this year. The cost for all of the projects that the District will undertake are currently estimated costs and some with no detailed engineering or design work. Though it may appear that the City is giving something up, the original agreement states that the City would be providing this money.
Tim Cox, City Attorney stated that the reason there is no final agreement in front of Council is that it has been the practice of the City for many years to have staff approve certain types of agreements, finalize terms of the agreements and obtain Resolutions approved by the Council in advance of that. The document in front of Council this evening is a draft version of the IGA and the language is still being worked on and reviewed by our office and outside Counsel. There is no binding obligation on the part of the District to repay any amount to the City.
Councilman Anderson stated that his copy does not indicate that the document is a draft or that the language is proposed.
Tim Cox answered that it has not been executed, or presented for execution, by any party. However, the provisions that were read would be part of the final agreement. Councilwoman Stack asked to see a copy of the IGA earlier today and Mr. Hutchinson took the latest draft and circulated it to all Council Members. The best practice would have been to label it as a draft and although there is no language on there, it is a draft.
Councilman Anderson asked Mayor Burkholder if there is a possibility of removing that language because he recalls that this was to be repaid.
Dick Plastino, Director of Public Works stated that the City was going to make a contribution payment for this project of three million dollars, which is in the budget that was recently adopted by City Council. In discussing this with the Greentree Metropolitan District, the staff found out that it might be possible, rather than the City paying for this totally, that the City might be able to get some money back. Something very positive is that the Greentree Metropolitan District is paying the bulk of the cost for the interchange, which is now estimated at 22 million dollars, and it going to be a tremendous asset, not just to the vacant land in the Rooney Valley but to existing traffic that uses the Alameda and Union corridor.
Mayor Burkholder stated that there was a vote and it was agreed that the City's share would be three million dollars. He added that the effective date in item 12 that Councilman Anderson brought up is standard language and is part of a general contract.
Councilman Stevens agreed that it looks like they are talking about the proceeds of the bonds. On page four, in the first full paragraph, it talks about how, depending on the net proceeds of each funding party will take the amount proportional to that share. Most importantly, in the next paragraph is talking about the City's three million dollar principle. I don't understand what the big problem is here, I would move forward with this.
Councilwoman Wise made a motion to adopt Resolution 2007-54. Councilman Murphy seconded the motion.
Councilman Anderson stated that he would have liked to have had this discussion prior to Council and had an opportunity to look at the ins and outs and apologized if he missed or misconstrued something that has been put forward in the past. My job is to be responsible to the people who are going to pay the taxes in Lakewood and I have misgivings here that this is a loophole that wasn't intended and one that I don't recall in my previous votes on the matter.
Mayor Burkholder asked Tim Cox if there is a loophole.
Tim Cox answered that he doesn't believe there is. He added that there are certain points that trigger the obligation of the District to repay funds and if those things happen, there will be an obligation and if those things don't, there won't. The intent is that those things will take place.
Mayor Burkholder asked Tim Cox if there is a loophole that is potentially dangerous in creating a liability over and above what Council voted on to be in the budget of three million dollars?
Tim Cox answered no.
Councilman Elliott stated that he has been involved in this with Jefferson County from the origination. The intent at that time was that there was not going to be a reimbursement possibility. Officials from Jefferson County approached me about wanting to put something in and would the City be willing to put some of its money in. The possibility of reimbursement makes it even more advantageous. I hope we are able to receive the full refund, however, this is our contribution to a twenty-two million dollar project that really is essential to the west side of town in getting access off of Union and Alameda and potentially, as Rooney Valley develops, being able to create primary jobs. No one is going to want to relocate to that area if they do not have access to good transportation patterns and if this is what our investment is to create those primary jobs within Lakewood, this is very much worth doing even if it was a three million dollar cost. The fact that we have the ability for reimbursement is huge.
Vote on item 5, Resolution 2007-54: 11 Ayes. No Nays. The amendment is adopted.
Mayor Burkholder thanked Councilman Elliott for his work on this project.
ITEM 10 - PUBLIC COMMENT
Public Comment on other than Agenda items:
Newt Vaughn - 8663 W. Hawaii Drive, Lakewood, CO Ward 5 Council Candidate. In listening to the Candidate forums, I heard a lie. I did not come forward at the time that we dismissed the action we filed against the LHA because it was going to cost the taxpayers of the City of Lakewood $200 per hour for their attorneys. The word "erroneous complaint" came from Councilman Peterson. Nearly two years ago, Council told me and thanked me for bringing this to their attention. A check was written to "Yes on 2A" for $10,000on the account of the LHA to promote an election which is against the fair campaign act of the State of Colorado and due to the integrity of the people on "Yes on 2A" they gave this money back. There is no penalty for this. There is a flagrant perjury of the law here. I think Mr. Peterson should resign from this Council and resign from the race for Candidacy in Ward 3. There are candidates running for Mayor today that want to change the direction of this City and I made a statement on my comments on the Ward 5 forums that "you'll keep getting what you've got if you keep doing what you've done." Mayors endorsed by the next Mayor, by the next Mayor, by the next Mayor…a City running from a Planning Commission that are hand picked. Planning Commission experience does not make a good Councilperson because they're not listening to the people of Lakewood.
Roger Steers - 8455 W. Belmar Avenue, Lakewood, CO Ward 3 Candidate had a similar inspiration as Mr. Vaughn's as a result of the October 4, 2007 forum. As I did my citizen's due diligence on the LHA, I came across some minutes that are public information regarding LHA meeting held on August 28, 2006. During this meeting, there is a discussion about confidentiality agreements that the LHA Commissioners are being asked to sign. Is that request conditioned upon their continued position as Commissioner? Was that request made as a result of a need to silence Commissioners from what might otherwise be regarded as their right of free speech? I wonder if the Commissioners are paid as they are holding public office. The confidentiality agreement included a strategy agreement and a legal strategy information packet. I request to be able to see a copy of the confidentiality agreement so that I might know what issues are not going to be disclosed to the public. I would like to know if any Commissioner loses their position if they choose not to sign. I have an overwhelming concern about voluntary members of Boards and Commissions that might be required to do the same thing in carrying out their citizen's responsibility serving Lakewood.
Doug Stiverson - 3720 Garrison Street, Wheatridge, CO A Wheatridge resident who lived his life and livelihood in Lakewood for the past 28 years. Commented on some of the public comments as we've moved into the election season and recapped his experiences with Council, the Mayor, Mike Rock, Becky Clark and quite a few others.
He started his journey being volunteered for task force. He crossed paths with Mayor Burkholder over a proposed blight survey being done on property, including his, and he made his displeasure known and was invited to sit on a task force to look at some of the problems in Lakewood and what could be done to solve them. It is a good way to do things and a good way to find out what is going on in the City. I served on the first task force with Bob Murphy heading it up and we eventually ended up butting heads over the issue of Urban Renewal and Eminent Domain and it didn't take any time at all for more people to be gathered, Bob put us in a room and let us discuss to where we had a showcase of Urban Renewal and the use of Eminent Domain and the protections of properties and also encompassing what were, and continue to be, problems on West Colfax (drainage issues, the floodplain, clotter titles, landlocked properties) with nothing formed and nothing accomplished, we wouldn't be able to move forward with some of what's been moved forward with already on West Colfax. As a property owner on West Colfax, I was keenly interested in protecting my business and having things get better. Things are changing in a hurry and I'm not upset about any of it. I've never had problems working with the City, even though I don't get everything I ask for, but I've gotten a tremendous education over the past 28 years. It's a difficult job that Council has in a City this size but I commend everyone I've worked with, I don't have any misgivings and if I had to do it over again, I'd do it the same way. Thanks for allowing a citizen and property owner to work with the City.
Brian Wareing - Jefferson County sang a poem ('Grease the Tracks") that he dedicated to the citizens and business men and women who will be losing their homes, businesses and livelihoods and way of survival should the RTD debacle go through.
He recently had a conversation with Bob Murphy concerning the vesting process and questioned if vesting would be extended to small business people and to local homeowners and was told that vesting had already been given to the Federal Government and to State groups which to me, don't fall under either one of those categories. Homeowners are given the ability to work under the current rules, regulations and laws, not those that were passed fifteen years prior to that time. The opponent of Mr. John Harris said she would be pleased to appease the general public by giving them an audit and letting them see superficially what that audit exposed and at the same time, we are going to be blessed with more of the same if you are not careful.
Mayor Burkholder stated that the City of Lakewood, unlike other cities, will allow people that don't live in the City to speak at these meetings as it is a time for free speech and added that Mr. Wareing does not live in Lakewood.
Karen Kellen - 675 Dudley Street, Lakewood, CO Ward 1 Candidate commented on what she calls "the tale of two Lakewood's." I've heard a lot from people and mostly what I hear is that people are pretty happy. In the forums, I am hearing from people who have a lot of problems with how Lakewood is being run. Everyone on Council, everyone who is running and the people involved in Boards and Commissions really care about this City and care about doing the right thing and trying to make it a better place. We all listen a lot better when you're not being personally attacked. I want all of us to be able to look at the issues and facts and find out what is really going on and find ways to move forward. I know some people have a different perception of Lakewood than I do and I have to understand that that comes from their experiences. I have found that both of my City Councilors have been incredibly responsive and have worked very hard and are really out there doing their job trying to do the right things for the City and that applies to everyone up here. I think everyone who's running is trying to do the same thing, what I want to do is try to keep this up on an even keel, look at the issues, talk to each other as civil human beings and talk about what's right and what's wrong and find ways to fix what's wrong and move forward.
Joseph Miller - 2080 Newcomb Street, Lakewood, CO a Boyscout who has been taught how fold a flag correctly noticed that the flag in the corner by the entryway in the case has been incorrectly folded. He requested that it be removed from the case and folded correctly.
Mayor Burkholder stated that it would be done. He added that the flag was given to the City by the Optimist Club and it was flown in the mid-sixties when we first honored the American Flag finally they had to replace it because it had worn out.
Barbara Barry - Lakewood, CO has lived in Lakewood for quite a long time and is not running for office. She has never been on any of the Commissions nor does she wish to. She wants to remain a citizen free to ask the City for things and to comment on proposals and performance. Out of hundreds of contacts with each of Council, Commissions and City staff, I see a truly professional level of performance and I want to thank you all for that. As with any large organization, there will be some objectionable incidents and I have objected to them myself but by watching closely and attending to what you do, not only on camera, but everyday, I have seen those incidents rectified. My own background has caused me to be looking at you from a number of perspectives. First, as a State employee working on projects on behalf of the State and relying on the professionalism of Lakewood as a party. Second, a very long history of public involvement. Third, out of literally hundreds of contacts with you and your City staff members and Commissions, I have many cases that I reflect on where I've seen you step forward and answer the question or the challenge and fourth, as a long time representative of my Homeowner Association Board, we've had a lot of issues that were of real importance to us and I know, from having talked with each one of you and your predecessors, that you do respond to what the Lakewood citizens are asking for. We have had enormous success and a lot of that comes from getting down to business and communicating with you and your staff long before a matter comes to City Council. I came tonight because I am appalled by the degree of negativism and accusations and implications of corruption and other forms of connivance. I am not a special interest, I have no status that requires you to respond to me. The criticism last session was "how come the Council always votes yes?" It doesn't, I know, I took part in two major cases where it did not, but usually, the work is done long before something comes to a public hearing, you have listened and dealt with the citizens.
Public comment was closed.
Kathie Beard, Public Information Officer stated that there were no issues needing to be addressed from the last City Council meeting.
Mayor Burkholder addressed several issues that were brought up this evening.
Regarding the LHA and what they discussed in their minutes, Mayor Burkholder stressed that the LHA is a separate entity and you would have to talk with them on requesting any information from the LHA.
As far as the Secretary of State and the Hearing Officer, there was an issue that was brought forward and there was a check that was given in good faith because they felt the efforts of the LHA would be enhanced by the passage of an issue several years ago for the betterment of the community as a whole. The Committee that was working on that decided not to accept that check and in the spirit of full transparency, reported it and returned it. The complaint was filed and wasn't pursued after that. The LHA was found in err they have changed their rules.
As far as City Council members and the Mayor, there are no backroom decisions on that. It's decided by the voters. Those members of Boards and Commissions are chosen by a five-member group of City Councilors that are part of our Screening Committee and they determine those people. I've heard Screening Committee members say they go in to the meeting saying someone looks good on paper and vote entirely the opposite way when the process is over because of the impression that that person made during their interview. All in all, the system has worked very well and we have about 60 citizens that give their time and effort serving on our existing Boards and Commissions. We also form Adhoc Committees and several of those were mentioned here this evening. I did put Mr. Stiverson on the Committee for Urban Renewal because he and I were on opposite sides of the aisle on this and I felt he had to be heard and as a result of his involvement, I feel we have one of the best Urban Renewal laws in the State of Colorado.
When we were working on the Colfax Study, our last speaker wasn't originally a member of the Committee but based upon people she represented, we added her to the Committee. When we had a Committee a couple of years ago on the Democratic Governors process, we asked every meeting, who's not at the table and we expanded the Committee to make sure everyone was there and not everyone in the room agreed and that was the beautiful part of that. We do try to listen and we do try to make sure that everyone is at the table and I have to say that I'm a little disappointed right now and I think the American public is disappointed that we've become so polarized in this Nation that it's either you're with me or against me. What happened to the idea of sitting down and having good public dialogue discussing the issues with constructive criticism? A lot of times, you come up with a better issue. The public is tired of all of this and as a result, what is happening, is that people aren't interested in running for public office, why should I put myself and my family at risk? I admire every person up here on this deice and I admire the person that has the courage to run for public office because they are hanging themselves out but I am a little sad that all we can do is criticize and throw grenades and not try to come up with good decisions. It's time we get back to creating good public policy for our citizens.
Councilman Peterson I typically do not comment to someone who comments under public comment because I find that podium almost to be sanctum sanctorum that's critical to a democracy and to a republic to allow citizens to voice their opinions and to make statements that they feel very strongly about however, when it crosses the point of actual personal attack, then I feel the necessity that I must respond. Mr. Vaughn stated that at the time he brought this contribution by the LHA to my attention that I thanked him for doing that, that is correct and that statement still stands. As a result of Mr. Vaughn and some other people, the LHA changed its policy, not necessarily about how they contribute funds, but how they make decisions, so the LHA wound up being better for the operation and I think that's what it's all about. When I mentioned that certain allegations against the LHA were erroneous, maybe that's a poor choice of words, maybe unfounded would have been a better one because the LHA was audited by the Federal Government, the office of the Inspector General and myself and Ms. Wise had the opportunity to sit in after the results of that audit by the Federal Government were complete. No possible collusion against wrongdoing and they found that the LHA was operating absolutely perfectly in accordance with all Federal regulations and with the intent of what their initial mission was. Maybe unfounded was the wrong word, but sir, so is liar! That's slanderous and liable and whether I decide to put myself up here or not, I still am a citizen and as such, I did not and I am not going to engage in a discussion with you but I will say that this particular election is probably one of the most rancorous that I have ever had the opportunity to be involved with. I've walked my Ward, as my opponent does, and I'm sure that as we go through, we find people who are for and people who are against people who have questions on the decisions we've made and people who have suggestions on future decisions and I welcome all of that. My Ward mate and I meet twice a month with anyone who wants to meet with us and talk about issues and things that the City does and frankly, so does everyone else on this Council, whether they are term limited or while they carry on for other years. A lot of communities and elected representatives don't do that. I am more than happy to engage in any conversation on the issues but I think that we do each other a huge disservice when we start personal attacks and I would hope that as we move into the conclusion of this election cycle that those attacks will be limited and more focused on the issues that face this community. There are huge challenges as well as opportunities that we'll face over the next four years, yes, I would like to be part of that decision making process but I am perfectly willing to leave it up to the individuals that will either vote for me or against me to see if that happens. I'm sorry that you took personal offense at that comment but I will stand by the results of the Inspector General's audit of the LHA even though the LHA is a totally separate entity. Once again, I will thank Mr. Vaughn for bringing the issue of the check to my attention.
Mayor Burkholder If you notice, in these Council Chambers, I call everyone by Mister or Miss or Ms. because I respect this Chamber as a place where Democracy is in process. For Democracy to be in process, it has to have certain guidelines. We are a representative Democracy and without rules, we are anarchy. We abide by the rules when we are here in City Council Chambers.
Councilwoman Wise offered a few observations. I am finalizing my eighth year on Council and term limited and there are two people who are running to fill her seat. As I sit up here, I am very concerned about who represents me when I leave up here. I really like this City, I choose to live here and I am quite concerned about how are we going to maintain the high quality of City Government and the neighborhoods that we have.
First and foremost, I want to talk about the LHA, I don't know how many times in eight years I've sat up here and heard that City Council doesn't oversee the LHA, if you have a candidate that doesn't understand that City Council doesn't oversee the LHA, I suggest that you don't vote for them because if they don't know what they are in charge of, I wouldn't put them in charge. To have the LHA be personally attacked, they are all volunteers and they don't get paid for anything. It's come to me that one of the folks running for my seat is saying that the Boards and Commissions are hand-picked and seven of my eight years, I sat on the Screening Committee and we always solicit staff input on those applications and I can think of five times when staff absolutely did not like who we chose to put on those particular Boards and Commissions and every one of them worked out to be great but we went head to head over those selections and Council wins out every time but staff does not pick those appointments and, with the exception of the Planning Commission, no one gets paid, we just upped the Planning Commission to one hundred dollars a month for the time that they serve on that.
I'd really like to approach in the City, what's right rather than what's wrong and I want to give Brian Wareing credit for this, he said "we get more of the same if we're not careful" and that's exactly where I think the voters ought to vote because why fix something that's not broken? When someone comes to your door, question them. I sit up here and listen and I don't think lie is too strong of a word to put forth with what people are speaking to the camera about. I think that the voters ought to be asking this candidate what's right in Lakewood? The list of what's wrong is pretty short if you really think about it and Karen Kellen talked about that. I distinctly remember when I met her and she was out there for ten minutes and told me every reason why she and her family chose to move to Lakewood and we should have filmed her and put her on an advertisement for Lakewood because the list was so long about what's right.
If you have a candidate out there who is personally attacking any of our City staff, any City Councilors, that's the kind of representation you are going to get up here and I don't want someone like that. If they are incapable of looking at the issue and can only talk about the personality behind it, then they don't deserve my vote or my representation. Everyone here and on any Board and Commission chooses to volunteer their time because they really care about this City and they want it to be great and strong so please question everything that you hear. I am absolutely appalled at the lies that I hear the people are saying towards some of these candidates that are out there. Do not believe that any candidate up here is putting one single business out of business along the Thirteenth Avenue light rail corridor. That is an absolute bald-faced lie.
Councilwoman Allen added that the LHA volunteers spend a lot of time worrying about people that don't have adequate housing. All they want to do is find decent housing for people, no matter what their income level is. They did make a mistake and supported a campaign which they shouldn't have done but Ed [Peterson] was a little modest in that we don't oversee the LHA, but he was the City Councilor that was the most insistent that an investigation be done. It's a little ironic that he's up here now being criticized when he actually was the one of us that insisted that the LHA be reviewed and put some checks and balances in place so that it doesn't happen again.
Councilman Anderson thanked Newt Vaughn for bringing up the issue of the LHA's illegal contribution to Council. While the "Yes on 2A" proponents did report it, it wasn't general knowledge to the public or Council. I would like to formally request from staff that the confidentiality contract from the LHA Board Members be distributed to City Council so we can see what we are looking at. Councilman Peterson talked about that podium being sanctum sanctorum, the value of that podium is not that we're going to hear cheerleading or pats on the back, and frankly, that would be a horrible use of it because if 141,000 people were to come to this podium on a Monday night for three minutes to tell us the good things we've done, that would be a lousy use of it. I want to congratulate Mr. Wareing and think he should be given the title of Poet Laureate for Lakewood because I appreciate both the wisdom and the approach that he uses to bring forward the foibles of modern government. I think he's brought more joy to uncomfortable situations than any other citizen in Lakewood so, from now on, I would ask that all three minutes be done in rhyme so perhaps we could get beyond the fact that we're some people criticizing and some people attaboying that the simple fact is, speaking from the heart is important. If you have a problem, yes you should talk about it because government can't respond if government doesn't hear. These eleven people here have no way to know about every opportunity that exists for this City to make it better so I appreciate every single person that comes up here, no matter your tone, no matter your tenor, please continue to do it.
Mayor Burkholder added that he doesn't think there is any question that anyone on Council doesn't respect that podium. He stated that it has been his pleasure working with all on Council and thanked everyone for their service.
ITEM 11 - REPORTS
Councilman Murphy gave a briefing on the annual report on the progress at Belmar. There are about 281 residential units completed and by mid-summer of 2008, there will be 785 total that will be done or under construction working up to about 1,300 units. Those rental units are 95 percent occupied. There is a total investment to date of 450 million dollars and they are only forty percent done with Belmar. The sustainability and green nature of Belmar, they recycled two million square feet of asphalt and millions of tons of concrete and very quietly cleaned up an environmentally contaminated plume that seeped across Alameda to the north. Whole Foods is a silver needs certified building and the addition of 10,000 solar panels on the garages will create a 1.8 megawatt solar powered area. We look forward to the next briefing next September.
Councilwoman Wise added that one of the City Council candidates is also running on the "anti, we're voting for Villa Italia and look what we got instead" campaign, that old, way back in the past, eight years ago campaign, that driving your car through the rear view mirror that I talked about. I think about Villa Italia and I've heard from so many constituents that they were scared to death to go over there and shop anymore and that's not what I heard the constituents wanting in this City versus what we have now and how thriving and vibrant and alive it is. I'm always so impressed when I go out in the public and I hear from the twenty to thirty year olds who are so excited because they'd like to live out here in Lakewood and now they can because they can live, work and play in Lakewood and they couldn't do that before Belmar so this has done wonders for this City.
Councilwoman Allen announced that Ward 5 is having its monthly meeting this Wednesday at 7:30 a.m. at the Carmody Recreation Center.
Councilwoman Koop stated that she received a phone call this afternoon asking what was happening at Belmar last week. There was an Eddie Murphy movie being filmed at Belmar at the ice skating rink last Wednesday through Friday from 8:00 p.m. to 3:00 a.m. The title is Nowhereland and will not be out until late next year.
She reminded the Two Creeks Neighborhood Organization that the yearly meeting will be held tomorrow evening at the Mulholm Elementary School from 7:00 - 9:00 p.m.
The candidate forum that was sponsored by the League of Women Voters that was filmed for Channel 8 last week. It is also available on the website if you do not have cable TV.
I ask everyone to be an informed voter and don't forget that this is a mail ballot election this year and the ballots should be arriving in your mailbox sometime this month so please don't forget to send them in on time.
Councilman Elliott reminded everyone that the monthly Ward 4 meeting will be held October 13, 2007 from 9:00 - 10:00 a.m. at the Green Mountain Presbyterian Church and the topic this month will be the candidates for City Council for Ward 4. If you are interested in what your candidates think about various topics and issues, you can watch the website but if you've got a question that is really important to you, please show up at that meeting. I appreciate all of the people that attend these meetings on a regular basis, not everyone agrees with me but it's been invaluable just to get your input and understand your concerns and be able to bring that back as we talk about different topics.
Councilwoman Stack announced that the Ward 1 meeting for this month will be the 27th at 10:30 a.m. at the Lakewood Library at 20th and Miller. Starting next month, we will be going back to the third Saturday.
Applewood Plumbing, Heating and Electric had a $12,000 giveaway where they gave $1,000 monthly to different non-profits within the local community and the Lakewood Breakfast Optimist Club won $1,000 from them and I want to give thanks to Applewood Plumbing for this money and to assure them that it will be put to good use.
Councilman Stevens This is my last Ward 5 coffee at Carmody Recreation Center this Wednesday the 10th at 7:30 a.m.
Councilman King stated that she, Mayor Burkholder and Councilors Koop and Murphy attended the dedication of Lakewood High School. Newsweek has ranked it as 155th for performance in the Nation so we are very proud of the staff and students and all involved in Lakewood High School.
Ed Peterson and I will be hosting our bi-weekly meeting next Monday at Sunrise Sunset on South Wadsworth at 8:00 a.m. on Monday.
For those who are saying we hand-pick our Boards and Commissions, I am the Chair of the Screening Committee right now and let me assure you that we look at those applications very carefully, we interview those people very thoughtfully and try to make decisions that work for all involved.
Councilman Peterson asked for a moment of silence at the close of the meeting tonight adding that he serves on the Board of Directors for Denver Regional Council of Governments (DRCOG) and also Chairs the Metro Visions Committee and he had the privilege to serve on that committee with the Mayor of Englewood who passed away very unexpectedly earlier this month. She was very dedicated to the arts programs in Englewood and a very dedicated public servant who died in office.
Margy Greer, City Clerk reminded everyone of the November 6 election adding that October 9, 2007 is the last day to register to vote in that election. This is a coordinated election with Jefferson County and they will be mailing out the ballots between October 12 and 22 so if the public hasn't received their ballots by October 25, they should contact the Jefferson County Clerk and Recorders office. We will have a drop off box in the City Clerks office and people will be able to drop off the ballots there until 7:00 p.m. on November 6, 2007.
Tim Cox stated that a summons and complaint was served on the City and is the Alameda Avenue Ventures LLC versus the City of Lakewood, Lakewood City Council, John R. Daniels and the Green Mountain Beach Park Association, Inc. This is not unexpected and it concerns approval of a subdivision plat. Administratively, that plat approval has been appealed and that appeal is pending but the owner of the property has filed this complaint seeking declaratory judgment that the owner has vested rights to develop in accordance with prior approvals. No money is being sought in the case and we are evaluating what it means and how to defend it. We will keep you up to date but contact me if you have questions in the meantime.
Dick Plastino at Councilman Peterson's suggestion, I ask that we observe a moment of silence for the deceased Mayor of Englewood.
ITEM 12 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:45 p.m.
Submitted by,
Margy Greer, City Clerk
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