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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: Mike Rock, City Manager
Tim Cox, City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited and a moment of silence was observed.
ITEM 4 - PRESENTATION - FLAG CEREMONY-BOY SCOUT TROOP #166
Boy Scout Troop #166 presented the Colors and re-presented the flag that had been previously folded incorrectly.
Outgoing (term-limited) Council members Wise, Elliott, Stevens, and Murphy
spoke about their time on Council.
ITEM 5 - SWEARING IN CEREMONY - NEW MAYOR AND COUNCIL MEMBERS
Bob Murphy was sworn in as Mayor, Karen Kellen, Cindy Barroway, Ed Peterson,
Adam Paul, and Tom Quinn were sworn in as Council members by Judge Thomas Elliott.
ITEM 6 - RECESS - Mayor Burkholder called a recess at 7:22 p.m. for the purpose of holding a reception for incoming/outgoing mayor and council members.
Mayor Murphy reconvened the meeting at 7:46 p.m. in the Council Chambers, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.
ITEM 7 - ROLL CALL
Those present were: Mayor Bob Murphy, Presiding
Ed Peterson
Sue King
Tom Quinn
Vicki Stack
Cindy Barroway
Karen Kellen
Adam Paul
Debbie Koop
Doug Anderson
Diana Allen
Mayor Murphy thanked the outgoing Mayor and Council for their service and the citizens of Lakewood for electing him as Mayor.
Mayor Murphy discussed his plans for communications and outreach. Public comment at City Council meetings has been moved to the front of the meeting. We are looking at doing a weekly e-newsletter to the Community from the Mayor and Council and televising study sessions. The monthly Mayor's breakfast will be reinstituted. We will continue to make improvements on the website and in Looking at Lakewood.
Once the New Business subcommittee gets going after the first of the year, they will be encouraged to start a mini-focus group including people from some of the Departments and some of the small businesses in the City to make sure we're as friendly as we can be to do business with in the City of Lakewood.
Sales tax on food for home consumption will be studied by an ADHOC committee comprised of seven people to look at this and report back to Council by April 1, 2008.
Councilors Peterson, Quinn, Barroway, Kellen and Paul expressed their thanks to those who supported them in this election.
ITEM 8 - RESOLUTION 2007-56 - APPOINTING A MEMBER TO THE LAKEWOOD VICTIM ASSISTANCE
COMPENSATION BOARD
Councilwoman King made a motion to adopt Resolution 2007-56 appointing Susan
Sylvester to the Lakewood Victim Assistance Compensation Board. Councilman Peterson
seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 9 - RESOLUTION 2007-57 - REAPPOINTING A MEMBER TO THE LAKEWOOD HOUSING AUTHORITY
Councilwoman King made a motion for adopt Resolution 2007-57 reappointing Gari Westkott as the Representative-at-Large to the Lakewood Housing Authority. Councilman Peterson seconded the Motion.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 10 - PUBLIC COMMENT
Newt Vaughan - 8663 W. Hawaii Drive, Lakewood, CO offered his congratulations and condolences to the new City Council and Mayor. He disagreed with the way that the public forums are handled stating that it doesn't give the citizens the right to speak on issues occurring in their backyard. He added his concerns about multi-family developments and giving money to developers to build in Lakewood.
Shawn Hennick - 1765 S. Endicott Street, Lakewood, CO asked if urban renewal and Tax Increment Finance would be used along Colfax?
Joe Sanchez - 13248 W. Montana Place, Lakewood, CO was a candidate for Ward 4. He congratulated Adam Paul and thanked everyone who voted for him and supported his platform for controlled growth and not misusing eminent domain.
Doug Stiverson - 3720 Garrison Street, Wheatridge, CO stated that the business owners along West Colfax in the Eiber and Two Creeks neighborhoods have had a great working relationship with the City, particularly over the last eight years, and he asked that that continue.
Brett Zachman congratulated the new Mayor and Council members.
Jennifer Platt - 2135 Myrtlewood Lane, Lakewood, CO mentioned her concerns regarding the development of a restaurant in the midst of a residential area.
Linda Morton - 5626 Red Fern Run, Littleton, CO congratulated the new Mayor and Council members adding that she believes this will be one of the strongest City Council's ever. She also thanked Mike Rock and City staff for being professional and enduring the election season.
Max Tyler, Lakewood, CO stated he is a nineteen year resident and added that he is one of the 85% of Lakewood that believes things are going fine. He added that he doesn't feel he has to get involved because we have a representative government that will take care of our interests and take the time to understand and who know that everyone is entitled to their own opinions but not to their own facts.
Rita Bertolli - 13484 W. Oregon, Lakewood, CO expressed her gratitude to the citizens of Lakewood to allow her to run in the last election. She added that she met with Mayor Murphy a few weeks ago about the changes and challenges in the coming years and hopes that he will continue to open the channels of dialogue with residents.
She wondered why so many people chose to distance themselves from the election process and how we can have a city with a Mayor of 100,000 people being elected with only 13,000 votes and how we can have developers and lobbyists who can control an election and how our newspaper censors financial information.
Barbara Barry - Lakewood, CO congratulated the new Mayor and City Council. She spoke on behalf of the Applewood Valley Homeowners Association who has been involved in all of the processes. She listened to the comments this evening and noticed a pattern of frustration that decisions are made by only a few and she challenges the individuals that complain to bring their neighbors into the process. She knows Council will listen but stated that it takes a sustained effort and cooperation but she hopes people will cooperate and take part in the process.
Randy Little - Lakewood, CO stated he has been a resident for over 25 years and that communication is valuable to the City of Lakewood and there has been poor communication during the election. He added that he is hosting a new website that will be available after the first of the year that posts the opinions of other groups. He congratulated the new Mayor and City Council.
Lee Flower - Lakewood, CO stated he has been a resident since 1980 and rarely makes public appearances. His grandfather helped design the Civic Center in Denver and his family has a history in Lakewood and Flower Street is named after his great-grandfather. He has lived in a number of big cities and has seen a lot of city governments. He has heard a lot of criticism of Lakewood city government and he would like those criticizers to live in some of those cities (Baltimore, Los Angeles, Houston) and see what kind of transparency they have with developers. It's a shame that an outspoken minority of people with limited life experience takes up so much of our time.
Mike Muller - 868 S. Owens Court, Lakewood, CO stated he has lived in Lakewood his entire life and has seen some changes. He hasn't been kind to City Council and has "held their feet to the fire" and he hopes the communication between the new Council and himself is a lot better than the old Council and Mayor. He wrote and read a criticism entitled "Legacy to Mayor Burkholder "stating he had created a bureaucratic nightmare that will not go away until this unethical and corrupt form of government is gone.
Public comment closed.
Mayor Murphy provided an answer to Shawn Hennick's earlier question stating that the reinvestment area does have a reinvestment plan but there is no project planned at this time.
The City Clerk read the following Consent Agenda items into the record:
ITEM 11 - RESOLUTION 2007-59 - SUPPORTING A GRANT APPLICATION TO JEFFERSON COUNTY OPEN SPACE REQUESTING FUNDING FOR PHASE TWO IMPROVEMENTS AT RAY ROSS PARK
ITEM 12 - ORDINANCE O-2007-32 - TO REZONE LAND LOCATED AT 9001 W. 10TH AVENUE
ITEM 13 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting August 27, 2007
Regular City Council Meeting September 10, 2007
Regular City Council Meeting September 24, 2007
Regular City Council Meeting October 8, 2007
ITEM 14 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Planning Commission Meeting September 19, 2007
Lakewood Planning Commission Meeting October 3, 2007
Lakewood Housing Authority Meeting August 27, 2007
Lakewood Head Start Meeting August 13, 2007
Lakewood Liquor & Fermented Malt
Malt Beverage Licensing Authority
Meeting August 23, 2007
Councilman Peterson made a motion to approve the Council minutes, for acceptance of the minutes of the Boards and Commissions, order all Ordinances introduced on first reading to be published in the Rocky Mountain News with Public Hearings set for the date included in the Ordinance, and for adoption of Resolutions, all of which are included in the Consent Agenda items introduced into the record by the City Clerk. Councilwoman King seconded the Motion.
Public Comment: None.
Vote: 11 Ayes. No Nays. The motion carried.
ITEM 15 - GENERAL BUSINESS
Tim Cox, City Attorney welcomed new Mayor and Council members. He stated that a decision was received from the Administrative Law Judge in the Office of Administrative Courts in a case entitled in the matter of a complaint filed by the Colorado Ethics Watch regarding alleged campaign finance violations by the City of Lakewood. This was a case arising out of the Fair Campaign Practices Act. The case was brought to hearing on November 15, 2007 and a decision was required within fifteen days. The decision was received in favor of the City of Lakewood, finding no violation of the Fair Campaign Practices Act.
The Act precludes certain conduct by public entities, among them, making contributions in campaigns involving the election of any person into any public office. Colorado Ethics Watch alleged that certain comments made by former Council President, Cheryl Wise, at the meeting on October 8, 2007, constituted a contribution in violation of the Act. Judge Robert Spencer ruled first that there was no violation because the purpose of broadcasting those comments, and the jist of the complaint was that the public hearing forum in the Council Chambers, the equipment and the website were all used in furtherance of supporting a campaign. The Judge did find that that was not the purpose of broadcasting the comments and that the comments were included as part of the gavel-to-gavel coverage of the City Council meeting that included the opportunity for public comment. Secondly, the Judge did find that there was no contribution although previous cases have determined that contribution is not limited to financial output and it can include services, such as using City staff to prepare campaign materials. There was no evidence in this case that any contribution was made because the meeting was happening anyway and, though it did extend it a couple of extra minutes, it did not cost the taxpayers any additional money. The Judge concluded that a public official is free to express his or her opinion in a public, and even State-sponsored venue, provided the official does not invoke the government's coercive powers. There is a forty-five day appeal period and we will await the outcome of that period before this is final.
He encouraged Council to read the decision carefully as it provides good guidance on what public officials and public entities can and cannot do in the area of campaign activities but it does not answer all of the questions and added that there is no black line between what you can and cannot do.
ITEM 16 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:47 p.m.
Submitted by,
Margy Greer, City Clerk
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