make a motion to go into executive session i move to go into an executive session pursuant to sections two one five parental c friend one and two not one five the colorado revised statutes for the purposes of considering documents given in confidence and four matters of attorney client privilege and specifically to receive from the city attorney's office the report from a workplace harassment investigate recently conducted pursuant to section six two of the city council's policies and perceived jr's manual i further move that we adjourn the special meeting from the good evening i'd like to call to order the lakewood city council virtual meeting in lakewood colorado on december th on december th two thousand and twenty madam clerk will you please call the quorum thank you very much i'd like to welcome all those who are watching we're gonna tune in at a later date this is if you can believe it our last meeting of twenty twenty and quite a year is spin is also being the last time we're gonna meet i also want to acknowledge  incredible staff as we celebrate play appreciation month during the month of december so hats off to all of you if you would like to participate there'll be a couple different opportunities tonight we have general public comment and then we'll also have some public comment on other ordinances later on on second reading i appreciate everybody i think there's about ten people weighed in on lakewood speaks so we want to acknowledge that we have seen those it does look like there is one council member who is not read that i don't know if they were able to log in but it was showing just ten out of eleven so if you do have a chance to catch up on those you can bleep breathe through those rather fast as we are preparing for the rest of the meeting the phone number tonight for public comment is one three four six two four eight seven seven nine nine webinar i d is nine one five zero five eight three four one eight six you'll press pound after entering that webinar i d and then pound once more to join star nine raises your hand to speak and then we will ask on mute when that is your turn at star six on mute you have your three minutes so i ask that you please join me in the pledge of allegiance we'll also have a moment of silence as this is a challenging time we remember all those out there who are are struggling and in need and as well as our frontline workers we're trying to help keep us all healthy this year pldge allegiance with liberty and justice for all all right thank you very much so we will go right into public comment and i will also mention as we have done over the last few weeks one hundred general business we do have the extension of the emergency declaration which as you know continues to be incredibly important as we are facing the in nineteen situation and this will continue to allow us to collect funds if needed have special meetings all those sorts of things be be reactive and nimble accordingly so this is the moment in the meeting where the public is invited to address the city council on items that did not appear on the agenda all comments should directed to city council i ask that all persons calling in observe the same decorum the city council held in person in chambers again i read off the call in numbers they'll be three minutes i'll ask you to give your name and  name and address and we'll start i'll give you a thirty second time check and then ask you to wrap it up when your time is done seems like i am forgetting something oh so and this is general public comment name is michele levine i'm a fifteen year resident of ward three i'm a mother of two children and jessica public schools work full time jeffco based local nonprofit my comments are related to the unprofessionalism to say the least of my council person anita springsteen even tonight she had her sewn up she doesn't perform her required duties it doesn't appear she even wants the job she seems to only serve her own agenda and not those of her constituents and i have several examples the city council policy and procedures manual specifically states councilors are supposed to serve on at least one or more committees many of you do and you not only refuse to serve on more than one claiming your schedule doesn't allow for the time commitment she's the one that made this commitment to be a public servant and the only committee that she does serve she didn't attend the yearly meetings she passed on the obligation to her fellow ward three councilor tasks when called out about her failure at a city council meeting she claimed that the allotted two weeks to get it done was not enough time for her who was fined for everyone else on july six anita wasn't able to log in properly she was having technical difficulties but the fact of the matter is she was actually at a bar and there's a lot more to that whole scenario she takes multiple phone calls during city council meetings which just show complete disregard for her fellow members and not meeting the basic public commitment to pay attention and hear people have to say it's time for her to provide her community update during the city council meeting she never talks about ward three she talks about herself and the work she's doing to ban ketamine in issue that is important but really it's due to the fact that her boyfriend was arrested for harassing a senior center and she has even yet to release the full details of that incident a lot of clean with a sweet innocent young man with a bright future whose life was destroyed was a victim of systemic racism elijah was not victimizing other like her boyfriend he was a victim using his name in connection with her boyfriend's harassment of essential health workers and treating it as the same situation and this is where she lied to the police it's just unconscionable anita doesn't use her time to represent the sport but to decry the treatment of those within her close circle three and these examples show a pattern of her behavior you wrap up your call my oh sorry that i missed the thirty second mark oh sorry ok i think you get the gist of it i'm just extremely disappointed and there's so many examples i've tried logging in several times but i'm still new at this so there thank you for your time i appreciate it thank you madam clerk no one else has their hand ra i will close public comment and i will move on to item five which is an executive ok thank you yes good evening i'm just a few things this evening first i want to announce reluctantly that i have received a notice of retirement from our i t director mark so he will be leaving his employment with the city and that takes effect on january th so we'll be looking for new i t director in the near future our whole new team pretty soon here seems okay to give you the update i typically do a it relates to code bieda nineteen and the impact on city of lakewood employees the update today as we have only five that tested positive which is better last time we had many more than that and we have twenty employees who are out on quarantine because of exposure so that number is really dropped for us if you'll remember i believe at our last regular meeting the number was much higher closer to seventy total real briefly we've got a few just a few bits of information as it relates to our recreation centers and  really just refer you to the website there's a lot of cool holiday programs that we're holding for lakewood age less which is code for clements community center lakewood ageless isn't that a nice way to put  that there's lots of holiday events there's a broadway screening of the help the show holiday inn there's a virtual snow flake embroidery class all kinds of cool programs quilting and leather working increase in the users over outdoor recreation centers so this is a question that's commonly asked during every holiday yes the recreation centers will be closed on christmas day and on cristmas eve recreation center and the lake the lakewood link center will be open so if you want to work out on christmas eve go to green mountain or liquid link and you can look at the website for a specific information on to more things department are currently testing two different camera systems and those tests are being held during our training exercises to see which systems work is working best seems to work best for our  n personnel we'll be making the selection of the qualified vendor and our plan is to have implementation by march of twenty twenty twenty to march of twenty two will be implementation time so if that changes i'll make sure to update you but that's our plan twenty twenty two and finally retail marijuana few people have asked about that as you know the citizen initiated retail marijuana ordinance to b passed by the voters in november the ordinance allows current medical marijuana businesses operating in good standing to apply for a retail marijuana license so we have a multi departmental team that's been working on the actual implementation of this new law and without going into a whole lot of detail applications should be available by the first of the year so that's the timeframe for retail marijuana this particular task force internal task force is being headed up by our own ben goldstein so thanks ben for all the work that you're doing on this job and what was in the packet should we amend now or should i read it and then amend or how would you like to hear great question mister cox would you like to give your g yes that's came up between meetings and wanted to make sure we have the correct data there is no meeting on the twenty eighth it should reflect the th i thought perhaps a revised version had been sent around but the only thing that would change would be the the date for the extension which would be to the next regular meeting on january th is this is a motion so ideally somebody would make a motion to amend the the text of that motion so we can get  section one point to seven of the lakewood municipal code originally declared by proclamation of the lakewood city manager on march th two thousand and twenty extended by a majority vote of the city council on multiple occasions and by this motion extended again until december twenty eight two thousand and twelve unless earlier extended or terminated by the city council second we have a motion a second how about an  to move for the adoption of the emergency declaration as amended second motion a second on the extension to finalize that to january twenty twenty one of the consent agenda has been made to expedite council action it contains both resolutions first meeting ordinances resolutions or items of a routine nature members of the public will have an opportunity in a moment to comment on any of the proposed resolutions first reading ordinances which we have one appear on the agenda only for the purpose of setting future public hearing dates and ordering the newspaper publication of the proposed or no public comments will be heard this evening on first reading ordinances the public will have the opportunity to comment on the proposed ordinance as the date during the scheduled public hearing on the date set tonight by council any member item on the consent agenda be removed for separate discussion action under general business will the clerk please call it please read the consent agenda into the record of the westland town center parking lot in accordance with that certain option option contract entered into as of june sixteen nineteen ninety two between the city of lakewood and the owners of the western mall westland town center all right let's see now open the public hearing on the resolution enlisted which is item six resolution twenty two dash forty eight madam clerk is there anybody who has indicated if you'd like to speak to the resolution please press star nine no one has their hands raised okay i will close public comment and  fiduciary responsibility prior to second reading i believe that council needs to confer with our city attorney to underscore the nuances and what we are really going to please make a motion for the consent agenda i move for the acceptance of the minute towards commissions or the ordinance introduced on first reading be published in the denver post with public hearings set for the date  any discussion consent agenda passes eleven i's zero n public hearing on this resolution if counsel remembers we had quite an extensive study session on this and i do believe budget audit also met on this numerous times so if anybody in the q wishes to speak public comment on this resolution please raise your hand which is gonna be star nine and that's gonna be eleven i's and zero also again note that the record that we do have ten comments one that was axed under general comments on lakewood speaks and nine others related to this so i will go to anybody in the queue wished to speak on this item please press star nine the final allocations and a left over for surplus there is a possibility that could change my concern is not about the acquisition of the final remaining allocation by a banking plan or a specific project during the surplus pool shall trigger the expiration of the banking plan the end of the first allocation period of the following year we have a three year banking plan in front of us fourteen point two seven point zero nine zero says that  when the banking plan requested by the developer gets its final allocation a warranty not the final allocation in the pool but the final allocation for the banking plan is awarded it triggers the expiration of the banking plan at the end of the very next allocation period which would be may thirty first twenty twenty one and it cannot be extended for three years the banking plan is my single concern here the allocations  breaks down to between now and the end of first allocation period so i would suggest that i don't know do we barricaded and consider the allocation seprately from the banking plan do we consider them both we consider them both when i was eight were all compelled to vote no because the ordinance is clear that it won't go for three years so how do we handle that how do you all want to handle that i have no suggestion we can go with the whole saying lumped them together in which case reason to deny the allocation so simply the matter of the baking plans or expiration the attorney for the other side sent me a response today to the question i submitted to staff saying that well if we don't get the three year banking plan we'll just drop one of the allocations so that we only have two hundred and thirty one that would and also paul do you want to introduce the labure representative so he can be a part conversation right we have so i'm paul rice and with the liquid planning department brian ich who is with consolidated investment group is i believe in the waiting room as well as well as brian conley who is a legal representative for cgi so if you have questions over them that we've more to more than happy to answer questions for you do you have a question specific of me i i think the applicant had some comment  do believe council may have seen a response to that question that came in late today so i would defer if they would like to address that and open themselves up for questioning certainly would would indicated that if counsel was inclined to make a decision based on fourteen point to seven point ninety d that we would withdraw our request for one of the allocations of the banking plan which would meet the letter of the law but the response that i sent you before getting to that issue noted that in section fourteen point to seven point one hundred the preamble to that sction starts off by saying notwithstanding any other provisions of this chapter the period of validity of an allocation may be extended through and the allocation may be used in subsequent allocation periods upon approval by the city as provided in this section so my interpretation is that section fourteen point twenty seven point one hundred gives you the authority to approve a three year banking plan here  given that it very expressly supersedes other provisions of the chapter in the bounds of our ordinance there is plenty of room to accommodate these allocation it is certainly a contortion to say well we'll just drop one and then sit down under the wire  say is that the rule that the specific controls the general would apply if there were a direct conflict between the two provisions and there is not a direct conflict because section fourteen point two excuse me fourteen point seven point one hundred says notwithstanding any other provisions this chapter so there is an express intent to supersede other provisions of the chapter i would also point out respectfully counselor able i mean the last sentence of fourteen point to seven point ninety d as acquisition of the final remaining allocation by a banking plan for a specific project during the surplus pool shall trigger the expiration of the banking plan at the end of the first allocation period in the following year it says the final remaining allocation and so we have indicated that if this is a basis on which the council is is concerned with this application we're willing to drop our request for the final remaining applicant on what was just stated wouldn't another reading of that and perhaps a more reasonable reading of that be that the final remaining allocation refers to the final remaining allocation in a banking yeah i mean that was that was what you were just saying yes yes i work that sorry sorry brian bieda yes that's that's what we saying like the the the what there's a couple of things this also states that there's a banking plan in place and this is fulfilling that like there is a banking plan that potentially is already in place and this is fulfilling it from something that was already established so we are we are we're asking for a banking plan for what what we're requesting in the surplus pool so there isn't there isn't a banking plan in place at this time notification was for the november twenty third meeting council chose to continue the requests to this evening and so a second notice was not sent for the hearing tonight well i guess what i'm asking is is that in line with the law and the policies and procedures because my understanding is a second notice should have been sent we should not be discussing  typical process when when a hearing is continued there is not a second notification requirement that we ask for any continuance to happen on the record at a meeting where a notice has been provided so if that's scheduled for november twenty third and there is a decision to continue the discussion to december th if that happens on the record of the meeting the presumption is that anyone who cared to tune in on november twenty third so listen to the discussion we'll know that the matter has been continued to that future date certain that's why we asked for a date certain in those cases as well when you don't have a date certain is when it's necessary to re notice and republish and take those steps that would be done in the first instance so if in fact it was continued on yes thank you i actually got a few other things that have been brought to my attention you know there is a union court or study in in progress this really is so close right across the street from the union corridor that has not been dealt with with counsel yet there are a lot of concerns in that plan regarding traffic i'm not sure that that has been satisfactory resolved for the community that will be dealing with the traffic there and not for me either frankly you know the general practice is is that when you come back to council generally people at least wait six months this is unusual to have and it is troubling to me that it actually was not in the denver post even though you don't have to apparently have a second notice it would seem that in good fa did not also as i watched your presentation a lot of it was based on a housing study that was done five years ago a lot of that information is currently outdated there have been other projects that have gone up and there are more to come there's one at seven hundred and thirty sims it's close enough that it's going to really impact the traffic on and sims there is another project going in at sixty six s and gordon we've already got things that are lining up to look like they're going to be extremely impactful to that corridor and that needs to be taken into account  i very much appreciated that brian reached out to me oh maybe about a month ago we had a nice conversation i had many questions and he answered them honestly i did take notes and a few of the things that came out of that is that he said that the building could go to four stories that's what i was told  he also mark knowledge that they had not met with the neighborhood and they wanted first to have the banking plan and the will then talk with the people after the plan is  place personally i think that could be improved he said that as far as a community need goes they did a market analysis several times i'm not sure that that was actually part of their report he said we are developers and want to bills were there were there is in need of according to the case strictly that allocations are available and i do want to counselor able that we're not trying to to go around the system we're i think we're learning what the system is as we go i don't think everybody's agreed that it is clear you know if if if we knew that the interpretation from everybody on the surplus pool item d was that we needed that we could have done our allocation request minus the one allocation you know the first time and go through that wasn't what we interpreted it we we had looked at the  our banking allocation section and said that we could make the request and do it that way so we are trying to follow what is said and go by what is in fourteen twenty seven not again  don't think we know enough of how to circumvent it we're trying to go with it and learn with you guys of how how it's going to be interpreted i think one thing to point out is any any effect i think one of the main purpose of fourteen twenty seven is is to keep as it stated to keep growth under one percent and our allocation request does that it keeps under which i think is the main point there's nothing in there that says you know prevent projects over forty that's a criteria for this it's in this case if it's available  so we think we're keeping with the with the purpose and intended and work where we're not trying to serve we're trying to work with it and figure out how how it works so so i just want to say that that's not what our companies like that's and i would love to understand from city attorney a little bit more about how the surplus pool section interacts with fourteen exception that there are provisions set forth presumably and haven't gone through lately but presumably in the other earlier sections of the of the ordinance there may be other limits on  correctly right oh i know to place limits on the surplus pool and section one hundred is not specific to the surplus pool but it is abroad exception intended to be used in perhaps a number of circumstance so i think without having reread the entire audience tonight i think that the effect of one hundred is to provide a price and process by which an applicant can ask the city to exceed  specific in this case it is zero nine zero and the general in this case is one hundred so in this case you would follow this specific language that addresses the banking i agree with counselor april what he just had referred to are there any other questions yes thank you mayor can you hear me all right yes sir ok one of my concerns a big concern on this is that this matter was litigated couple of months ago  again you know during the hanukkah season just before christmas asking do you know go ahead and reconsider this and there is a concept i think coming back and relitigating the case over again once it's been decided it's decided that it's done and we move and that may seem harsh sometimes but it really isn't because if you think about it there's always two sides to a  case if you allow party to keep coming back and relitigating the other side of the party that's opposed to keep coming back and litigating it too and it's already you know that's not fair to have to keep doing that and that's the case here in this case we're talking about the rle of law does not apply specifically here and i'm not saying that but i'm saying the concept is a fairness one and that fairness concept certainly applies here and i would point out to you that  be denied we've we've got a set of precedents here otherwise we're going to do this was going to be coming back on us more and more as we deal with cases under sbi two hundred that's all thank you your hand was up but it's down now so oh yeah sorry about that yeah i was just going to add that i think one thing that seems more apparent with this discussion is just  gray in this law we already knew that even though we didn't make a lot of changes to i think you know this is just more clarity for me that there are a lot of opportunities to improve on this just brought up one point that potentially we'll be ripe for something like that in the future the other thing i was gonna mention is just the way i read fourteen point seven point one hundred is  focusing pretty heavily on the word notwithstanding which i think is not a very clearly your word may be to a lot of people but when i read notwithstanding i usually read in spite of any other yeah i just wanted to go back wold councilor abel had started with and he made it fairly clear set out what the issues were and if you follow the black letter of this chapter of the entirety and fourteen twenty seven which we are reminded by our constituents all the time that we must follow the letter of it i think his recitation  accurate when it talks about the difference in the allocation banking and i think the black letter of the banking plan in zero nine zero d may seem to indicate that they would cannot avail themselves to a multi year banking plan that is certainly reasonable interpretation especially if you're reading again the black letter i think that that's in this case it's important that we we read into that i'm saying that that's the way that you would read it so i would just want to circle the conversation back to councilor abel there was some other comments about reasons to deny this and i think we need to be very clear that there are reasons that we can't deny reasons we can't deny it right so i just want to be clear that my vote will be on  letter of the ordinance and not from things that i would think are irrelevant to this conversation yeah i wold just say you know to councilor betas point you know these are one of those this is one of those things that probably as we learn this is the first one this is the second one as we learn and go through these there may be things that we need to do in the future and may need to put some different guardrails but to that point i i don't have a changed opinion from the first time i supported the first time certainly would supported the second time for the same same reasons and i'll save the council for having to to hear those but i do start to worry because this is used by right that continued denial starts to become a  and i do worry about that this isn't a reann this is asking this is sometngng that is already zoned for that so that is something that puts me in a position to to support it you and you kw w i think this is it's difficult wh we have multiple interpretations that really yield very different results is in spite of so what this says is in spite of any other provisions of this chapter the period of validity of an allocation may be extended through and the allocation may be used in subsequent allocation period upon approval by the city as provided in this sectn n that seems real bckck and white to me  we can extend the period the allocation period where are they the period that those lolocations can be used i inink that that's plain english what it says and t that's aoo what our city attorn j just advised this chapter m means s i think that we coul haverr should have the discussion if we wouldikike to extend that period i'd also likeoo poi out as the applicant mentioned that doing s things jujust want to say i really don't want t to tkk ouout this as if were litigating we're not in trial here we're not in the courtroom we have weavave a process that was vod d on makes it ve poposition opoppositional when when what i it sululd be is a discussionbobout wha we want our city to be and to tt t point during the last meeting the commess a as i recall wewere ttt the dsisity was too much and so now we have an application for reprint notice that see reasonableo o me butee didn't ask forhahat soso when w made the d decisiono extendhihis which we all voted on andhihich we  li no matter how anppppcacant wtsts to try to foll thihis rule the goal posts will b beovoved we will change the closing and the e e e potential ne cuomomers that are g gnana b moving in that wl l be eating at ourococal resururants that are ining to be workg g at our local jobs and w w have long blocks ordinance and i want to get his input on the repercussions o ocontinuing beyond january st if t tt's whatatnds up getting proposed so if we could take ten minutes or so i think it would be p pductive it on the plane reading of the language but certainly i think that out of respect everybody let's see if we can get to a good quality consensus of whichever direction i'm prepared to to to do my job regardless of the direction that we want to go so with that we will take come on let's let's go in and recess till eight forty it's a twenty seven right now and we'll continue this there is a motion a second on the floor i was considering calling the question but i'll take a ten minute break god is sufficient but i would not want to go into more than that kind of delay in they wanted to postpone or not and so i'll turn it to you and we'll go from there sufficient gray area in fourteen twenty seven that we would like a vote on this before the end of the year it just presents enough legal risk to us and to the city to continue this into january that that is not a good option for it i think any of us so that being said you know we've heard the comments about the plain letter of the ordinance and so i think what we'd like to do is request a vote on a banking plan for two hundred and thirty two units and the issuance of two hundred and thirty one allocations this evening and councilor abel if you believe that that is inconsistent with the spirit of the ordinance then i would ask you what number of allocations you believe is appropriately within the spirit of the ordinance that you could support this evening is my concern is the as mister skilling said the black letter of the law that says you cannot have a three year banking program says no matter where there is two hundred and thirty one or two thirty two or four hundred and ten the last allocation for your banking plan before the end of the next allocation tool so in may is this long is your banking program can have under the black letter of  i hope i answered your question i'm not sure you answered the question but oh guess is it is not the number of allocations that troubles whatever number that is the last one needed for yur banking plan or your specific project is the trigger that's correct and what i said was that what we would do is ask you for a banking yeah you're right counselor wit all due respect this project came to you earlier in the year it asked for more allocations you denied it then we're back before you asking for allocations that are plainly contemplated under the law and so if you choose to deny that that's fine but we would like a vote this evening that's how you read it and i read it as not being two thirty one or two thirty two but yeah i wa i was just wanting to say that banking plans will be approved only for a number of units which correspond to that found in an entire building or buildings in the projects you can't do the say is i found that quite disturbing how disrespectful councilor abel was just treated by this these people who are wanting to accommodate them here tonight i do not i do not accept that that's not ok things are we able to go into executive session um ask questions of our city attorney was that if that's something is still of  is that something that would be helpful for counsel as we try to understand this and then i guess actually i'm just going to leave it at that but actually to check my understanding what we would then be voting on is to things one would be the allocations and then b would be the banking or all in one  so we are going to be doing the upper down vote on the continued resolution currently that's how it is yes there is a motion a second on the current there is an opportunity to go into executive that motion has not been made and the applicant has asked for an up or down vote and not a delay going further no well to be clear what we've asked for is a banking plan of two hundred and thirty two allocations and the issuance of two hundred and thirty one allocation tonight and to to address councilor springsteen's concern about the banking plan will be approved only for a number of units which correspond to that found in an entire building or buildings in the project the project contemplates two hundred thirty two unit hundred and thirty two allocations a three year banking plan we don't negotiate on the fly this is what was noticed to the community so i just unless i'm missing something i'm looking for somebody to be telling me i'm missing something but we don't i don't accept that modification i'll be voting on what was in the packet not what was just presented as a slight modification and i understand it's slight but again we don't that w we can't set precedent negotiating on the fly that's just not  how we do business lisa i'd be interested to see if anyone else on council disagrees but that is my understanding no so there is a motion stuck on the floor if that was amendment made by council that could be entertained right now there's emotions on the floor as stated by yes mr attorney just solution would not work under our ordinance fourteen point two seven  hundred e three number three says banking plans will be approved only for a number of units which correspond to that found in an entire building or buildings in the project you know the plain reading of this fourteen twenty seven one hundred the notwithstanding any other provision to this chapter we m extend the allocation period i just want to understand a little bit about why that's important is it possible to build a or to use the two hundred and thirty to allocate shins by the deadline hear from you in the future moving forward grant funds from the peace officer standards and training board on behalf of the rooney valley law enforcement training facility or the installation of pretty cast concrete ballistic wall at the training facility will now open the people from getting injured so i'm not quite sure where those questions should be directed but and then my other question is why not just move the shooting range to somewhere where w don't have to build a  and also why is lakewood the one paying for this when it's just so facility are we getting contributions from other cities city council members on first of all we are not paying for this this is a grant from the state of colorado to the rooney valley law enforcement training facility and stick with this ordinance just  the range has been thre obviously a long time and you know we've coexisted with that that racetrack for a long time as well this is just a safety safety issue  i would just have a follow up question as far as safety goes that that we've coexisted with this race track but  so so how is the wall going to prevent the type of injuries that are being discussed here i mean it's just concerning to me that we need a wall at all so i guess i'd just like to know more about that counselor we when there's the race track is in use when they're spectators  we don't use the range the range is not authorized to be used there so this concrete wall would designed by engineers would prevent any types of ricochets or anything that that might injure somebody who sitting on that hill watching a race so currently now we don't use the range when when there is spectators so the rains would be used when they're spectators  would be the wall would be designed so that it could be well ideally we wouldn't want spectators up there and there's never been any injuries to anybody on the racetrack from the range it's just a precautionary measure and it allows  chance to use use the range more when the race tracks and use i guess my main concern was liability on the part of the city in terms of  it just seems logical to me if we need a wall barrier then maybe there's some kind of problem in terms of liability so that was my main concern  well thank you any other questions all right there's a motion in a second please cast your  hutcheson did a thorough presentation on lakewood speaks on i think these next three items and i did see that there was some traffic that came through with some questions by some of the council members i do believe those were answered first so my concern in putting an eight foot sidewalk seems a bi excessive in the area i've not seen a sidewalk with this width put in in any other residential area although it's possible that that's happened i would like to have the city council take into consideration the money saved by putting only a six foot sidewalk i also understand the extra costs putting to put the sidewalk on the north side of the street maybe a large amount due to the grading and the utility issues that are over there i wanted to mention the safety kids leaving the school there's very few kids that walk to school they all come from school and so it seems unsafe as they would be walking with traffic by coming up behind them i think it's more of a safety issue in typical safety practice of kids walking down the street with vehicles coming up behind  them the other thing is expecting residents to keep a sidewalk of eight foot clear when on snow days is a little excessive especially since most of the residents that you're putting that sidewalk on are elderly and they don't have the physical capabilities to clear an eight foot sidewalk it was stated when i was talking to ray the city engineer  that because the plows come up and down that street fairly often that it would be difficult to keep that that sidewalk clear and he said that after the end of the snowstorm then the plows would come along and clear the sidewalk which according to city ordinances that i've read it's up to the homeowner to keep the sidewalk clear within twenty four hours of the storm and what i would like to propose is if you're going to put an  sidewalk that you consider having city city workers help clear that sidewalk on a regular basis to keep it clear for the  madam clerk i see a couple hands up i don't know did we just call on two six nine one zero call ending six three nine six good evening color six three nine six give us your name and address reward you're good to go sidewalk you know what the reasoning is behind that this is the long view it's kind of an older area there's no sidewalks in this whole entire area that's one of them moved into here was different from other areas it can't be because of safety concerns because i've lived here since one thousand nine hundred and ninety there hasn't been anybody injured here there's been a lot of cars going by kids going by throwing rocks or cars but that's  doubt any of the kids are going to use th the value around here and it's really it's just unnecessary my opinion in the street he said i don't want to be out there unsafe with sidewalks that's my concern one right mayor all right let me try that again i move the adoption of ordinance odessa twenty twenty dash twenty nine on second and final reading second  thank you actually there were a couple of points brought up by some of the neighbors that i had not considered cathy i wonder if sarah any way that maybe any accommodat design in this particular case typical sidewalk on a new street a new residential street would be five feet wide but it would be separated from the curb by six feet so the distance from the curb to the private side of the sidewalk would be eleven feet as we looked at this location and recognized that there were already homes there it's a retrofit situation the eight feet made more sense because it would be attached to the curb so  narrowing from the city's standard from eleven feet to just eight feet from the curb it is still a fairly wide sidewalk these are younger kids as you know that's a middle school to the west  connect to a sidewalk at the fire station and one that's on the school side as well on the on the snow clearing issue most of the comments have been accurate in that the city ordinance does require some property owners clear the sidewalks that are public that are adjacent to their property it doesn't limit how much has to be cleared that's a minimum of four with so whoo the eight foot within this case is not the require removed only four feet needs to be removed and a recognition that there are different width sidewalks and four feet in a bench can make as much sense as anything and does reduce the burden for those folks who have the wider walks so that will be the case here as well it only needs to be four feet that are cleared by the homeowners to clarify the city's role in sidewalk removal in these kinds of cases as if the city is snowplow pushes snow back on the  sidewalk so if we look at that chronologically if the jason owner has already cleared at least four foot strip on the sidewalk and then the city plows come through and the plows push snow back onto that area that was already cleared by the owner then the city will come back and remove that snow it doesn't change the owner's obligation but it makes sure that the owner also burdened by the city putting snow back where they had already remove snow and that's true all over the city as i think you probably a aware there was some discussion also about perhaps it should be on the north side street we actually looked at both sides of the street there are there are different circumstances on the two sides to the north  property is dropped down a bit to the to the south genrally they don't what that means is that as if a sidewalk were put on the north side of the street instead of the planned south side the encroachment would be up above those properties that w push drainage in that direction towards the the private properties and then the sidewalk won't fit as well as it does with the existing biography on the south a second reason the north was less desirable trouble is that there are a lot of utilities on the north there are there there are poles i think on both sides certainly all along the north side but there's also ground mounted facility denver water board has a major conduit in that area so they have fence for some of those ground but mounted on the ground facilities for some of the other types of utilities on that slide so it made the the the challenges greater actually on the north side i think that responded to most of the questions that had arisen but i'm certainly off the folks that i talked to in fact the probably most the eldest couple on the entire south side first avenue i think a four foot exclusion there would fit right in with the compatibility of their concern still though i believe the north side zing negotiations with property owners acceptance of conveyance instruments and subject to further city council approval condemnation of real property interest city of lakewood to inquire interest in property for public purposes for the replacement of traffic signals and intersection improvements along kipling street and authorized negotiations with property owners acceptance of conveyance instruments and one name i don't recognize that's not a number just in case questions councilor johnson thank you i'm just wondering if it would be helpful she would just keep a little bit of explanation about where these will be if you could  that to do requires some property acquisition one of those is at eighth place in kipling so a few blocks north of sixth avenue it's the first signal up towards the residential area that connects the west side of kipling to the  non residential east side of cape this is an old signal it's it's been around for decades i think it's forty two years old so it's it's probably beyond what it's planned life was and there there are grants on both of these that i'll mention here in just a minute the acquisitions are small most of them are temporary construction easements which are used during construction period only and really they're they're a tool to make sure that the property  there improvements can be feathered back into the proper existing properties adequately and then those easements go away and the city doesn't have the right to go back in on those properties and they're small particularly on the west side in this case there are two permanent eas generally what's happening because these signals are old is that they obviously need to be brought up to current standards one of those standards didn't exist forty some years ago was the americans with disabilities act that act requires that when a signal usually puts another feature at many of these intersection corners that's what's happening here on the north side of this intersection a place the other one i mentioned is up at th place and lakewood heights  drive the west side there are thirteen places very similar to what i described a few minutes ago it's a couple of well the south one is a residential property the one on the north side actually is a commercial property and a former and in both cases it's a small sliver for a permanent easement on the corners in order to comply with the americans with disabilities the east side is a little bit different th place which is north of the light rail line and lakewood heights drive do not ali and so there's an offset signal there the traffic especially they're turning left they have kind of turning towards each other and have to go around each other so it's much better if we can align those two approaches from the east and the west kipling to do that the proposal is to move the lakewood heights intersection south to tie end and where the th place intersection is on the west rtd the regional transportation district owns that parcel and it's a vacant we've had a conversation with them and this is this process including this ordinance that's before you tonight is the process they would want to see if we're gonna proceed to try to acquire portion of their property they've not expressed an concern about that i don't think they have any own complete ownership and because the roadway would actually be across some of that the grant that i mentioned actually it's two grants but the grants collectively are paying for about eighty percent of these signal relocation for  all right any other questions or comments i do believe we have a motion and a second is that accurate the motion second yeah okay well sure second please cast your vot in that passes eleven eyes zero nays i think that's mister hutchinson's last one but before you leave i just want to thank you and your team we have a potential to have a big opportunity a grant opportunity that's not quite baked yet or not quite approved that council was briefed i just want to thank you for working so hard on that if it comes through it's gonna be a huge deal for for a part of lakewood that desperately needs it so well done that's super competitive and i hope we can get it over the finish line i move the adoption of ordinance zero zero dash twenty twenty dash thirty two on second and final reading second motion in a second any questions or discussion six point two city council policies and procedures an independent third party investigator completed an investigation into allegations made no evidence that was provided support for discrimination or harassment claim by councilor springsteen on the basis of her gender race color or marital status no further action will be taken by city council thank you i have would encourage and we've heard from the community we will certainly make every document that's legally available available to the community and the neighbors so that they have those and i saw arequest come in today and so we certainly want to make sure that they have everything that we have we have a little bit more due to some of the legalities but we'll certainly make sure that that happens and then my last thing before we go into reports is something bitter sweet and very special to honor a long time i would say colleague and adviser and friend and somebody that's been our city attorney for well over ten years as this is his final meeting in two thousand and twenty and just want to thank you tim for all that you've done your professionalism your calmness your sense of humor your love of the colorado rockies and really leading us through challenging challenging issues and things that puts you in a tough spot but what i can say to a person is no matter what type of position you are in you always looked at doing what was right and i certainly admire you for that and you know you've had to navigate through tough tough dvelopment issues as well as some really sad times through issues  lost police officer which was situation that the city had never seen before so you really run the gamut and we hope that you won't be a stranger and we certainly wish you well i wish we could have had a better opportunity to send you off after this long tenure but it is what it is and twenty twenty just won't allow maybe in twenty twenty one we can get you or we could do a seven inning stretch and all singing take me out to the ballgame for you  something fun along those lines and i kind of puts you on the spot i don't know if there's anything you want to say before i go to reports but the floor is certainly yours as you know been an ongoing process as we talked about it over a year ago then you had a couple of extensions along the way just a by the city some time to finish the process it has been  my entire time here so there's a there's a there's a link there as well but you know one thing i can maybe promise that i'll i'll make the city better just by leaving at the end of a twenty twenty  and always a pleasure to work with i know she cares deeply about the job that she does here and the people who work for her and how they do their work as well so without saying thank you happy holidays  we see one side of you on monday nights but certainly kathy and her team see you day in and day out on all sorts of different things so godspeed my friend thank you appreciate it all right so we'll go into council reports i would just want to say thank you tim you've been great you've given us straight answers when we needed it and good good counsel so thank you so much good luck in the future and don't be a stranger  safe over the holidays and quick tim i didn't prepare to say anything but i can't pass up the thank thanks for everything thanks i've learned a lot from working with you and i wish you the best thank you ward for well i want to start out and certainly think staff has been an amazingly challenging year and the fact that we are able to conquer our technical challenges and that we're able to continue business and i've been to the city a few times and just seeing how profession and organized and how much they care and i know we're not open for business now but that took a lot of effort and a lot of coordination and to make sure that we captured our expenses correctly that way we can get those reimbursements and of that so really wanted to say thank you just to staff and the support has not wavered a bit even during covid when i on city council have needed something so when you think everyone on that also wanted to make sure that folks had a few questions on the housing policy commission and we did have a couple meetings in which we pored through a document called an elicit station form and robert smith is our staff liaison and he has taen all that body information and he has started working with miss hudson and various point people inside the city beause it's very complex it involves a lot of different departments and so they're going to take all of that and they're going to look for gaps and then it's going to come back to me as the chair will make sure that we get a meeting held to fill in all those blanks so i just wanted the community to be aware that that is moving forward the holidays makes it a little bit more where it's going to go a little slower at this point with people being off but we certainly know that one has been on the books for a long time needing to get done and i think the commission we made some real meaningful progress wanted to thank all of the commissioners  i haven't found many but we've done a pretty good job and that's all due to the various people that are involved everyone from bernie and the entire city clerk's office bruce is too new he doesn't get any credit but kathy and her team dialog committee meeting was held this last week and we finished up with the conversation districts so you all will be seeing that soon enough with our recommendations thank you again or three i do have a few things to say this week yesterday on sunday sixty minutes aired the piece on ketamine for which producers interviewed me twice this fall and they used a great deal of the information i provided them regarding illegal forced injections they initially intended to include the story forced injection that happened right here in lakewood but then another incident in minneapolis took precedence in the  i've been desperate to end this practice that i personally witnessed in lakewood so that there is not another grieving mother collation mclean's if it can happen to a city counselors family it can happen any one of you instead of supporting me and discussing our policies the city has ignored the fact that we are on the verge of killing someone every single day in this city i am vocally calling out as loud as  can again and so someone does die they should be able to find recklessness on the part of leadership in this city on this issue i personally arranged a meeting in october between representative leslie herrod and grassroots law project to explore legislation to ban the use of ketamine in colorado we held a stakeholders meeting last week and i've been personally involved in drafting the new state legislation this past week save many lives and going to prevent the next election mclane yet lakewood city leadership will not discuss the issue at all and the mayor publicly called me a liar on the issue of ketamine even though i personally watched it being illegally administered i would like to point out that because of the sixty minutes piece the entire nation now note that i am telling the truth and not the mayor it's not  e enforced injection is happening everyday in colorado and it is wrong and the nation now knows that i'm the only one in city leadership in lakewood attempting to save lives in this regard if you watched someone nearly be killed in violation civil rights if you watched a livestream maclaine being murdered and you were in a position of leadership would you ever rest or would you make sure that i appeared on the police accountability report again on thursday discussing this very issue on the issue of the investigation for which there was an executive session this evening amazingly the city he an illegal executive session this evening regarding my claim of harassment and discrimination against the city i asked for an in depth investigation and instead the city attorney who was one subject of the investigation appointed charm to produce a rigged investigation and clear conflict of interest i made it clear i would not consent to a predetermined rigged investigation but the city went forward anyway and it was anything but independent and what a shock that illegal that illegitimate investigation in which i did not participate and could not provide any evidence due to  produced propaganda all it was and it was further evidence of the constant harassment and discrimination i'm trying to find ways to protect my constituents and their vote for me as their representative even as this city leadership continues to try to illegally force me out of this office however however they can because i'm a whistleblower and because i question illegal practices everything i am doing is in an effort to protect my constituents voices and their right to the elected officials they voted for i wanted to point out that lakewood  communication about any of these cases to any employees they are not communicating with us at all this is pretty concerning to me and i don't understand why issues like this don't get talked about during council meetings and i'm very concerned for our employees at the lakewood plice department who are feeling this way that they are not being protected at this time and it's something that needs to be addressed and addressed public and how that is being handled two more things again i would like to reiterate  that a single mothers serving on this council i'm not financially supported by anyone else i am constantly struggling to survive and i don't have endless hours to serve on committees or do everything i'd like to do but i tink this city and my constituents need voices like mine a single mom a minority woman a hispanic female legal professional who came from poverty a justice reformer despite the fact that city leadership wants me gone and shut up i really feel that it's important that i'm here and i'm sorry if  and it was removed and shut down because of some of the comments that were made on it this is one hundred percent illegal and a violation of first amendment right and i really object to subjecting issues but i want to say to my constituents please be safe through the holidays and stay healthy and try to get through these hard times when we're not around family as best you can sometimes but they for people that don't know they really take the questions and the issues that we get from the public and research them and then get back to us proposed solutions or get the questions i think the word's getting out there or getting more and more questions toward the to direct response a lot more just the mundane questions and then some of them are more you know legal questions about you know what can i do i have nothing just things to him for everything and happy holidays to everyone yeah let's see so yeah first i just want to thank staff  twenty twenty this has been one heck every year it's been a tough one for me personally for a lot of different reasons but i know it's been tough for a lot of people in our community our state our nation know can't wait to turn turn the page and hopefully a new year will help with a more positive outlook i want to thank our community  technology as well so i just want to thank you for indulging us all tim i wanted to thank our city attorney i really appreciate you allowing me to use your office as my second  place my second home the city i appreciate you indulging me in long conversations about some random policy ideas i've come up with or legal theories i'm curious about  from the national league of cities it's an update from their lobbyist they believe tomorrow is the critical day if we won in the state or local funding and they have the text for the bills that are happening in congress and so i pass those along to all of you if you have an interest in reading those want to reach out to your members of senate or congress and then i just want to touch on the ketamine thing real quick um you know i think a lot of us have an interest in making sure that you know what was being allowed in the community to happen is in the best interests think we're all waiting to hear what their report says and what their findings are and i just want to make it clear to you that no resolution or bill has been introduced to the city of lakewood by any member council at this time certainly if one is presenting i think we'd take a look at it but i think it does it is worth us doing our due diligence and making sure that we all understand the issue very well before  obviously the implications one way or another could be tough but on that note i just want to leave you all with doctor cog you know i ask you all know i serve as the representative and doctor cog we have a  has always had a smile and he's much warmer than most attorneys would expect to be and i think he's represented the city to the best of his a stranger to him we'd like to see you my colleagues we've come through twenty twenty and it's been tough no matter what our viewpoints are on different issues we often come from different sides of the coin but no one on this council has anything in mind but what they say is very best resolved for our community no matter which way we come down on issues we do it because we genuinely care about the people we serve and we all are grateful for the charlie i tink you just did explain it there will not be award one meeting in january it would fall on january nd in hopefully people have an extended and long we can that weekend i was at city hall last week and i would really like to commend community resources they have a magnifico tree in the atrium and everything is so beautifully decorated staff is doing a really good job trying to maintain a holiday legislative committee will be meeting this week we'll have our first organization meeting i've been going to some of the policy meetings we've got some interesting legislation  likely come our way and i look forward to working with the members again let's see oh mayor thank you for mentioning westland parking documents i did forward some on today and people were very grateful to have a chance to read them and i'd like to thank greg graham for working with me on that  i'd like to wish you all truly truly a very beautiful season um right now it's hanukkah lights soon though be quiet and of course the whole month is really kind of a christmas celebration however you celebrate it it's different this year we can't be with our families the way that we'd like but there are lessons to learn here and one of them is really the importance of our family and friends cohen has been a real good teacher that way we are going to strt a new a new beginning a fresh start here in a few weeks and it occurred to me truly the way that our new year's going to go for us in many ways will be the attitude that we have to create our own new year god bless you all and i wish you a beautiful season however you  right so i have a few different things here i had the great opportunity to honor two in credible ladies two incredible lakewood residents who've been serving the community for years and that was rita peterson and  a proclamation honoring their years of service on the senior resource center board rita join that board in nineteen eighty two you can believe that and then kathy stapleton has served for over twenty years both serving as board chair multiple times and i think between both of them they served on the board for over thirty years together so hats off to them and the wonderful mission  the senior resource center they were truly delighted to have a little bit of a surprise proclamation presented at their zoo meeting and mayor burkholder joined for that as well which was great had the opportunity to tour saint anthony hospital and went to the covered floor and certainly was a a quite a powerful situation and just to see the workers and their optimism but you could tell how tired they are and worried and the fact that every one of those patients is isolated there's not an opportunity for visitors other than the nurses a only opportunity you get is is if you're about to b discharged or unfortunately if you're talking about end of life and so i think we just need to continue to honor them and why ask the nurses what is one message i could share with the community and they emphatically all said wear a mask and so please let's continue as we move forward we're also looking commissioner dahlkemper went with me we met with  foundation and trying to understand how we can better support them i talked a little bit about this finding ways to support the local businesses so look for some opportunities rolling out certainly cards gift cards and sidewalk chalk art i guess some kids went out and did some really cool artwork on the sidewalk thanking them they really need that and they are worried about the long term trauma is it the resiliency of those folks as we continue to see it they are full it is not a joke and saint anthony takes on probably more of the sickest than most places they are regional i think they have eighty nine beds and  they are worried about what's about to come so keep an eye out for that and we wish them all the best i will be there this week they are going to be receiving their first doses of the vaccine and so they've asked if i would come out there and i certainly will be out there to help cheer them on as they continue down that road and it was cool too to hear from them and to see them had a quick census update and i've asked them to try and find time and first quarter next year to work with miss hodson and her team to maybe do a quick update to you all that should be certified on the thirty first of this year we did up our response rate by two point two percent so congratulations lakewood super proud of that very important if you do look at the census tracts though when you see turnout and you see the lower areas they are lower income areas there are areas with with more of a minority population so i think that's really telling and can help us plan for the future in different areas as we go forward there so thank you to ron rashad and his team as they were the kind of the point people  going forward on all that i wish everybody a wonderful holiday season i celebrate christmas so i wish wish that for everyone but certainly hanukkah right now and kwanzaa and for some and it is whatever it is for those that you like to be around and be with your family it's an certainly a special time of the year a lot of hurt a lot of pain and hopefully we're going to start to see some breakthroughs going through into next year that's going to really move us out of where we've been in this twenty twenty and i am certainly optimistic and again if you're able to help those in need there is a lot and i know there's a we live in a caring community that's doing all that they can but please continue to give if you can and if you need help if you need help this can be a tough time can be a lonely time for people please reach out and certainly on our web site we have a lot of information the county is doing a new rollout of some deferred outreach programs for folks that might need food assistance homeless housing assistance those sorts of things so those resources are there they might be limited but we're all here and we're willing to help has been taking on a lot of communications that come in with people that we probably never hear from people that are in serious need of different things and he's doing his best to steer them in the right direction because we certainly don't have all the answers so wish you all the very best in our last meeting of twenty twenty and certainly look forward to seeing you all twenty twenty one  anything thank you just for a brief round thank you for your positive comments about the workouts that lakewood employees have nothing but gratitude for the work they do and the way that they've adjusted and adapted to this whole new world and have done that was such a spirit of of generosity for our citizens i'm just so grateful to all of our staff also thank tim for his years of service i have had the pleasure sitting next to him for hours and hours during our council meetings and i remember when we first were a pair up there at the council meetings i remember you know most people only just see us from the back and people would tease us and say we look like donny and marie from the back i remember that they don't do that anymore i think we're aging out of that but always that was funny tim you've just been a great partner and a friend and i'm i'm just grateful for all of that on behalf of all the staff we're going to miss you and we're all grateful for years for your service and your work and your kindness through it all i also just want to wish everyone happy holidays and just hope that you slow the world down so that you can really take advantage of of of love and just spend time with people that you love and really enjoy those moments and make those moments