Thursday, January 5, 2012

Golden's legal challenge to Rocky Flats land transfer


Dear all,

Today Golden took another step in its fight to protect our town from the effects of the Jefferson Parkway.  This statement from the city explains City Council's most recent decision:

Golden challenges decision to provide federal refuge land for Jefferson Parkway

Jan. 5, 2012 -- The City of Golden on Jan. 5, 2012, filed a lawsuit in the United States District Court for the District of Colorado against the U.S. Fish and Wildlife Service to halt the transfer of federal land for the construction of the proposed Jefferson Parkway.

Golden’s lawsuit maintains that the Fish and Wildlife Service violated environmental and other laws when it agreed to convey a strip of land in the Rocky Flats National Wildlife Refuge to the Jefferson Parkway Public Highway Authority.  Among other things, the lawsuit alleges that the Fish and Wildlife Service (1) failed to conduct adequate environmental analysis of the effects of the property conveyance and the Jefferson Parkway, (2) unlawfully rejected Golden’s separate application for the strip of land, and (3) failed to ensure that environmental effects on the Refuge were minimized.

Golden’s suit will likely be combined with another lawsuit filed earlier by the Town of Superior. Superior’s lawsuit focuses on other violations but also seeks to prevent the transfer of the land.  Golden will provide additional updates on the schedule and process for this matter as they become available.

Golden had offered its own proposal for the Rocky Flats land, focusing on bike and pedestrian paths instead of a toll road.  While Golden argued that its proposal would better protect the Rocky Flats refuge and serve the region’s transportation needs, the Fish and Wildlife Service rejected it in favor of the Jefferson Parkway authority’s offer for the tract.

As Golden reported late last month, negotiations with Jefferson County, Arvada, the Jefferson Parkway Public Highway Authority and the Colorado Department of Transportation (CDOT) ended without an agreement on transportation issues related to the proposed Jefferson Parkway.

Golden believes that the discussions were constructive and that significant progress was made towards better regional cooperation on transportation issues. Golden remains appreciative of the leadership shown by Gov. John Hickenlooper and CDOT Executive Director Don Hunt in convening the discussions and highlighting the need for regional collaboration.

While a lawsuit is one tool to promote appropriate regional transportation solutions, it is not the only one.  Golden will continue to work constructively to identify collaborative solutions to the city and region’s transportation challenges.   The feedback of Golden’s citizens will remain critical in the coming months as the city maps a course forward on these issues.

 Marjorie

Saturday, December 24, 2011

A Christmas Eve Negotiations Update

I hope everyone is nestled in a warm place this evening.   Though Golden residents' thoughts are turned to holiday celebration, there is a news item to share--with more details to be available soon.  This is today's posting on the City's website:


Important update on Jefferson Parkway negotiations

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  • Dec. 24, 2011 — Over the past number of months Jefferson County, Golden, Arvada, Broomfield and CDOT have attempted to negotiate the terms of an agreement to address future traffic impacts on state highways within the City of Golden, in the context of the Jefferson Parkway. The Parties strived to reach agreement on specific terms but were unable to do so. While unsuccessful in the short term, the Parties have outlined a roadmap that may be useful in the future.
    The City of Golden will provide more information in the coming days.

    Marjorie Sloan
    District 1 councilor






    Friday, December 9, 2011

    Could This Be It?

    For three months at the end of last year and the beginning of this year, Golden's involved residents  engaged in a discussion (sometimes heated, always interesting) about the proposed Jefferson Parkway north of town.   Based on the community's ideas, City Council adopted a formal position:   supporting an agreement with the tollway proponents if it would truly protect Golden and calling for litigation if we couldn't get an agreement.  The City's negotiators Mike Bestor and Jacob Smith went back to the  negotiation table with the February resolution as as their guideline.  The negotiations were kicked into high gear when Governor Hickenlooper convened a confidential, facilitated process.  Yesterday -- the parties came to a tentative agreement;  now --  Golden must decide whether to enter into it.  The problem -- City Council must reach that decision at a special meeting called for next Thursday, December 15 at 7:00 p.m. and a formalized draft will not be available before Tuesday.  Further, until the lawyers for all the jurisdictions have signed off on the exact language,  we can't share any details.  The timing is terrible, but there are very real reasons for completing the deal by the end of the year--and during the busy holiday season.

    Here's the bottom line:  under the agreement is Jefferson Parkway would not be allowed to begin construction until we have the $57 million required for the top three mitigation project priorities in Golden's plan:  grade separation at the dangerous 19th/6th intersection; noise and pollution barriers on highway 93; and realignment of highway 93 away from neighborhoods.  I've been involved in the negotiations and know that things can go awry at the last minute.  But as of now, the parties have agreed to terms that meet all the essentials set forth in council's February statement.  Further, as a lawyer, I believe that it's better for us to set the City's course ourselves rather than leave it in the hands of the judicial system.

    The City has sent out an official release, copied below.  You can follow the news on either the City's website or the beltway specific site  (where you can sign up for email updates).

    Marjorie Sloan
    District 1 councilor and Mayor-elect

    Golden City Council to consider Jefferson Parkway agreement at special meeting on Dec. 15

    Agreement would provide $57 million for mitigation and transportation improvements for Golden

    December 9, 2011

    Negotiations between the City of Golden, Arvada, Jefferson County, the Jefferson Public Parkway Highway Authority and the Colorado Department of Transportation (CDOT) have resulted in the terms of a proposed agreement that will be considered by the Golden City Council at a special meeting on Thursday, Dec. 15. The negotiations were convened earlier this year by Governor John Hickenlooper and CDOT Executive Director Don Hunt in an effort to resolve a long-running conflict between neighboring jurisdictions.

    Golden Mayor Jacob Smith and City Manager Mike Bestor, who represented the City over months of negotiations, are recommending that City Council approve the agreement assuming the final details are consistent with our expectations.

    The City Council meeting will take place at 7 p.m. in the Council Chambers of City Hall, 911 10th Street, Golden.  City Council encourages public testimony and comment, in person or in writing, prior to the Council vote. Comments can be emailed to citycouncil@cityofgolden.net.

    Under the agreement, construction on the proposed Jefferson Parkway would be permitted only after $57 million is secured to address traffic mitigation in Golden.  In exchange for this commitment, Golden would agree to stop opposing the Jefferson Parkway and remove its competing application for right-of-way at the Rocky Flats Wildlife Refuge.

    More details will be posted to CityofGolden.net and GetTheFactsGolden.org as they become available before the City Council meeting. Golden citizens who want to receive emails with the latest information in the coming days should fill out the form on the homepage at GetTheFactsGolden.org.

    In February, the Golden City Council unanimously approved a motion to continue negotiations over the Jefferson Parkway.  At that vote, the City Council considered comments from three hours of public testimony, an earlier series of four community meetings attended by a total of 470 people, and submitted through GetTheFactsGolden.org. The comments from the community meetings and GetTheFactsGolden.org will be provided to the City Council as part of their packets for the Dec. 15 meeting.

    The February motion supported continuing negotiations towards a binding Inter-Governmental Agreement (IGA). It directed city staff to “to seek an enhanced IGA that will provide greater certainty of funding for the priority elements of the Muller Plan; addresses noise and other pollution mitigation and monitoring for northern neighborhoods, including Mitchell Elementary; addresses improvements to Highway 93 north of Golden; addresses improvement of other arterials outside the city limits to disburse traffic; includes provisions for no non-compete agreements that will impact travel on other alternative roadways that serve the area; requires CDOT be a part of the process and agreement; addresses Rocky Flats contamination issues, particularly during construction if it occurs; and addresses timing of key roadway improvements in Golden and sequencing of those improvements before parkway construction begins.”

    “This is a good agreement to fund the transportation improvements and mitigation Golden needs to protect the interests of Golden citizens. We’re recommending that the City Council approve it,” said Golden City Manager Mike Bestor.

    “We had an extensive community outreach effort, we listened carefully, and we adopted a negotiating position reflecting what we heard,” he added. “Now we have an agreement that does what the community and City Council asked for.”

    “We appreciate the leadership of Gov. John Hickenlooper and CDOT Executive Director Don Hunt, who helped bring the different parties to the table work constructively towards an agreement,” said Golden Mayor Jacob Smith.  “However, it’s not final until we work out the remaining details and unless it’s endorsed by the Golden City Council and the other entities who participated in the negotiations. The dynamics of this issue require that the Golden City Council consider the agreement within a very short timetable. We’re committed to ensuring that Golden citizens receive additional details as soon as they’re available.”


    Transportation and Mitigation Agreement
    December 8, 2011
    In an effort to collaboratively address regional transportation and mitigation needs, representatives of City of Golden, Jefferson County, City of Arvada, Jefferson Public Parkway Highway Authority (JPPHA) and the Colorado Department of Transportation (CDOT), are recommending to their governing bodies a proposed agreement that:  
    • Recognizes the need for mitigation in the City of Golden for traffic impacts of  any new Jefferson Parkway construction;
    • Commits  $57 million to address traffic mitigation before the construction on the Jefferson Parkway;
    • Immediately contributes $9.2 million in an escrow account to be used for implementing the mitigation projects; Golden may use up to $1.5 million immediately for the design of the mitigation projects;
    • Removes the City of Golden’s competing application for Right-of-Way at the Rocky Flats Wildlife Refuge and removes the City of Golden’s opposition to the Jefferson Parkway; 
    • Facilitates regional cooperation to address additional long-term transportation needs of all parties; 
    • Implements the agreement before the end of 2012 as required by the Section 16 land purchase agreement at Rocky Flats 
    • Provides assurance of the terms of the Agreement though CDOT.
    In summary, the Jefferson Parkway will be permitted to ‘move dirt’ only after the $57M for has been secured/committed for the mitigation projects in Golden; the Jefferson Parkway will not financially support any of Golden’s projects unless and until they have a concession for the project.






    News Items

    A Red Letter Day -- Mark Saturday, August 25 on your calendars -- the 2012 U.S. Pro Cycling Challenge is coming back for another Golden start.  The excitement will build throughout the year -- and volunteer opportunities will abound.

    Kindergarten Parents - Neighborhood school Shelton Elementary will hold a Kindergarten Open House on January 12, 2012.  The school will be hosting parents and students from 6:00 PM to 8:00 PM.
    The following week, Jan. 17th – Jan. 20th, Kindergarten Registration opens across the school district.

    Award Winner - Golden's Washington Ave. bridge over Clear Creek just received a Merit Award for Design from the Colorado branch of the American Society of Landscape Architects.  It's a great place to watch the creek and creekside.  During the day now you can see ice building up on the water and at night you can gaze at the spectacular holiday lighting.

    Marjorie Sloan
    District 1 councilor and Mayor-elect

    Found in Lions Park Pond


    A list of some of the items found while draining Lions Park Pond  
     55 Gallon Drum
    2 shopping carts
    1 disc golf putter and 2 midrange discs
    7 standard Frisbees
    Plastic toy fish
    Half of a kayak oar (no kayaker attached)
    Kite
    Hibachi 
    Handicap parking sign
    3 construction cones
    Grate to the existing outlet (which was an odd size and is back on the outlet now)
    3 dozen Aerobie flying rings
    Hazard triangle sign
    Sign stand with wheel hub base
    Hundreds of old plastic cups, plates, forks, knives  
    Plastic plates, forks, knives etc…
    And 6 goldfish that now have a new home in an employee’s landscape pond.


    Marjorie Sloan
    District 1 councilor and mayor-elect

    Sunday, November 6, 2011

    A Post-Election Thank You


    A huge thank you to the voters of Golden for coming out in record numbers in the 2011 election.  I appreciate all those who voted--for either me or for Wayne Weber, my worthy opponent.

    And being elected with almost 70% of the vote is an encouragement to build on Golden's successes.  We've got a solid start -- past councils and our present council have shown consistent dedication to maintaining and improving Golden's small-town lifestyle.  We can all be grateful for the talents and hard work of these folks.  In particular, I'd like to give a shout out to Mayor Jacob Smith and Councilor Karen Oxman for their terrific service to Golden.  Further, returning councilors Joe Behm, Bill Fisher, Marcia Claxton, and Bob Vermeulen will continue to keep Golden's vision in the forefront as they work through the important issues facing our town.  Newly elected Saoirse Charis-Graves and Marcie Miller will add their valuable perspectives to the council.   Golden's volunteer workforce--members of the city's boards and commissions--will also provide guidance.  Finally,  our great City staff will supply their expertise and skills in implementing council's policy decisions.

    The voices of community members are the backdrop for all decisions in Golden.  Between now and January 12, when the new council will be sworn in, I'd like to meet with and hear from as many residents as I can.  So if invited to a neighborhood gathering, parent-teacher meeting, HOA meeting, service club meeting, or non-profit board meeting -- my answer is yes let's schedule a time to get together.  I'd like to hear from you.

    I'm extremely grateful to the voters and excited to get started on our adventure together.  Thank you again for the opportunity to serve as mayor of our great community.

    Marjorie