City Council Minutes for April 22, 2002

MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7 P.M. April 22, 2002

ITEM 1 - CALL TO ORDER

Mayor Pro Tem Ray Elliott called the meeting to order at 7:00 p.m. in the Council Chambers of the Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

ITEM 2 - ROLL CALL

Those present were: Mayor Pro Tem Ray Elliott, Presiding

Tom Booher
Jackie Herbst
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Barb Martin

Absent: Mayor Steve Burkholder
Jean Saum
Carol Kesselman

Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney

Full and timely notice of this City Council meeting had been given and a quorum was present.

ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited with a group of young children from the Head Start Program.

The agenda was changed. Item 6 was next on the agenda.

ITEM 6 - PROCLAMATION - WEEK OF THE YOUNG CHILD
Councilwoman Martin read the proclamation proclaiming April 22-26, 2002, Week of the Young Child.

Anne Conklin, Early Childhood Development Coordinator
Thanked Council for their support and visiting the classrooms.

ITEM 4 - COMMENDATION - JIM KERLIN
Councilwoman Martin read a letter from Mayor Pro Tem Ray Elliot commending Jim Kerlin for helping one of the Lakewood Rides drivers assist an ill passenger during an ice storm.

ITEM 5 - PROCLAMATION - ARBOR DAY
Councilwoman Martin read the proclamation proclaiming April 20, 2002, Arbor Day.
In conjunction with Arbor Day, Mike Swanson, Treasurer of the Colorado Tree Coalition, presented Lakewood with the Tree City USA award. He stated that this is the 20th year Lakewood has been a Tree City USA. In order to be a Tree City USA, the City of Lakewood had to meet four criteria: have a Tree Board or a Forestry Department, an enforceable ordinance, budget at least $2 per capita on trees and tree care (Lakewood has a $3.75 per capita), and have a Proclamation and Arbor Day celebration. John Dzialo, Forestry Crew Leader, thanked the Council and invited the public to the annual plant sale Saturday, May 4, 2002, at the City Greenhouse.

ITEM 7 - PUBLIC COMMENT

Robin Kruse - 875 S Dover St - Lakewood, Colorado
Ms. Kruse stated she is disgusted with the planned additions to the Lakewood Heritage Center. She stated the buildings don't seem to fit together, do anything, and many are not from Lakewood. She stated the Heritage Center started out as a place to put a few old Lakewood buildings that were labeled historical buildings. Ms. Kruse stated the Heritage Center had mushroomed into a junkyard of old, dead buildings for municipalities around the state to dump their old unwanted buildings. She said nothing you can push, pull, or drag into Belmar park could be more beautiful than the open space. Ms. Kruse stated the Heritage Center was a waste of time, money and land and that most people avoid it. She wanted to applaud Councilwoman Saum for having the courage to stand up to the powers that are driving this force.

Newt Vaughn - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughn requested that the City not charge sales tax on the PIF. Mr. Vaughn stated he doesn't want to see the PIF challenged in court or the citizens of Lakewood paying for the legal fees for a fight brought on by some legal think tank. Mr. Vaughn requests signs be posted stating a PIF is being charged on the goods sold at these projects. He stated it is not an unreasonable request and then if the public misses the signs, every effort has been made to let the public know about the PIF. Mr. Vaughn also questioned if all the meetings regarding the PIF were public. He said he attended only one and the people in the audience were not allowed to ask questions until after the meeting and you had to come back to the next meeting to receive the answer.

Gary Maxfield - 8965 W. 20th Avenue - Lakewood, Colorado
Mr. Maxfield stated it was ironic that the City is celebrating Arbor Day since he had to cut down five of his trees for being 15 inches on City property. He provided Council with a traffic study on 20th Avenue done in September 1996. His interpretation of the study is that as long as 85% of the people want to break the law (by speeding) that the City feels it is okay. In the past two weeks on 20th Avenue, there was a hit and run at 20th and Garland that knocked down a power pole, fence, and mailbox. The homeowners were without services for a week. At 20th and Cody, the school crossing sign laid in the ditch for a week because a van knocked it down. He stated he would continue his boycott of City sales tax, now in its 46th day, until he sees some kind of action on 20th Avenue.

Mike Muller - 868 S. Owens Ct - Lakewood, Colorado
Mr. Muller gave Council a copy of a budget report on Special Revenue Funds. He stated the Special Revenue Funds are supposed to be proprietary accounts and are not to be spent on anything else. He pointed out on page 3, in the Equipment Replacement Fund, there was a transfer of $886,486 to the Executive Severance Fund. He stated this was against the City Charter and a violation of the City Charter. He wanted to know who approved the transfer, if it was approved by the City Attorney, and if it was a violation of the City Charter. He stated that the Executive Severance Fund was Mr. Rock's private retirement account. He then asked Council to look at the last page and noted that the balance went up to $1,034,000 and wanted to know where the other $147,307 came from and then where the money went to since the balance was now zero. Mr. Muller stated he was not going to let this question die like other questions that he has been snubbed on.

Councilman Elliott noted that Council would get back to him on these questions, personally to Mr. Muller, and to the public at the next council meeting.

Councilman Murphy wanted to point out that Mr. Muller was extracting statistics from a 1999 report and that at least six of the members were not on Council at that time. That is why Council does not have a quick answer, but Council will get him an answer.

Bonnie Ferguson - 1420 Holland Street - Lakewood, Colorado
Ms. Ferguson wanted to address Council in regards to a high-density land use proposal across the street from Eiber Elementary. The development will add 110 units, maximizing the enrollment in Eiber Elementary and tripling the number of people in her neighborhood. She stated this development makes the Eiber Neighborhood Plan worthless. She then read the mission statement of the Eiber Neighborhood Plan. Ms. Ferguson requested that citizens be given a longer time period to respond on this application. Every citizen within 500 feet of the development should be sent a letter of all intentions on the development.

C. A. Truman - 10001 W. 9th Drive - Lakewood, Colorado
Mr. Truman stated his house backs into Lakewood Gulch where they intend to build a slum. He had gone to the Planning Commission concerned about the planning in the Gulch. He spoke with Olga Mikhailova, a project manager, and asked who owned the property. He was upset Ms. Mikhailova didn't know who owned the property and felt she was lying to him.
Councilman Murphy said the project Mr. Truman is referring to has not been brought forward as a formal application. It requires the rezoning of the land at 10th and Kipling. Lakewood was the first to require a potential developer to hold a neighborhood meeting before submitting a formal application. That meeting will be held Thursday, April 25, 2002 at 6:30 p.m. in the Cultural Center.

Walt Heidenfelder - 13009 W. Ohio - Lakewood, Colorado
Mr. Heidenfelder would like the City of Lakewood to make a Denver proprietor an honorary citizen of Lakewood. This proprietor had the courage to stand up against a Denver Task Force for citizens' rights. He would also like the City Council to use their influence on legislature to pass House Bill 1404. House Bill 1404 would prevent police departments from seizing property from citizens who have not been convicted of a crime.

CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.

ITEM 8 - RESOLUTION 2002-26 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE WEST METRO FIRE PROTECTION DISTRICT, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, THE PLEASANT VIEW FIRE PROTECTION DISTRICT AND THE LITTLETON FIRE DEPARTMENT RELATING TO THE SHARING OF RESPONSIBILITIES DURING A HAZARDOUS MATERIALS INCIDENT

ITEM 9 - RESOLUTION 2002-27 AUTHORIZING FUNDING FOR A NEW POLICE TECHNOLOGY SYSTEM TO INCLUDE COMPUTER AIDED DISPATCH (CAD) RECORDS MANAGEMENT (RMS), COURT ADMINISTRATION AND MOBILE REPORTING MODULES

ITEM 10 - RESOLUTION 2002-28 AUTHORIZING THE CITY OF LAKEWOOD TO TRANSFER FUNDS FROM THE SEWER FUND TO THE CAPITAL IMPROVEMENT FUND, AND FURTHER AUTHORIZING A LOAN AGREEMENT BETWEEN THE SEWER FUND AND THE CAPITAL IMPROVEMENT FUND FOR REPAYMENT

ITEM 11 - ORDINANCE O 2002-14 AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR THE DEANE ELEMENTARY SCHOOL PROPERTY TO THE JEFFERSON COUNTY SCHOOL DISTRICT IN EXCHANGE FOR A QUIT CLAIM DEED FOR THE RAY ROSS PARK PROPERTY LOCATED IN THE EAST ONE HALF OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

ITEM 12 - ORDINANCE O-2002-15 ORDINANCE AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES

ITEM 13 - APPROVING OF MINUTES OF CITY COUNCIL MEETING

Regular City Council Minutes March 25, 2002
Special City Council Minutes March 18, 2002
Special City Council Minutes April 1, 2002

ITEM 14 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Heritage, Culture & the
Arts Commission March 20, 2002

Public Comment

Newt Vaughn - 8663 W Hawaii Drive - Lakewood, Colorado
Mr. Vaughn spoke about Resolution 2002-27 regarding funding for a new police technology system. As an attendee of the Lakewood Citizens Police Academy, he recently went on a ride along with the Lakewood Police Force. He stated he was appalled at the slow and outdated computer system in the police car. He urged the Council to pass this resolution to speed up the computer system, to free up manpower and to allow the Police Department to function more efficiently.

Councilwoman Wise made a motion to approve the Council minutes; to accept the minutes of Boards and Commissions; and ordered all ordinances introduced on first reading to be published in the Lakewood Sentinel with public hearing set for the date included in the ordinance; and ordered the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the City Clerk. The motion was seconded by Councilman Elliott.

Councilman Stevens asked Larry Dorr or Jackie Wedding-Scott to talk about Agenda Item 10 and the finance mechanism Council is considering. He asked them to explain the difference between the Sewer Fund and the Storm Water Sewer Fund.

Larry Dorr, Financial Analyst, Financing Department, offered a brief overview. The Capital Improvement Plan has always planned for providing a lease purchase to finance the computer aided dispatch system overhaul for the Police Department. The City Finance Department saw an opportunity to fund the expenses internally and, therefore, save on interest expense, legal costs, etc.

Larry Dorr explained the Sewer Fund and the Storm Water Sewer Fund were two entirely different funds. One provides for management of storm water drainage and the other is for waste/sewer treatment. They have two different sources of revenue; two different expenditure needs and needs for capital improvement.

Councilman Stevens asked Mr. Dorr to explain the rationale of the City borrowing from itself, if the Sewer Fund could allow this borrowing to occur, and to talk about the payback.

Larry Dorr stated the current Sewer Fund has a projected 2002 year-end balance of $8.8 million and its current operating expenditures are about $2 million per year and its current revenue is $2.2 million per year. Currently, the project has about $1.5 million dollars budgeted for 2002 and another $1 million budgeted for 2003. It will use those existing funds budgeted and borrow from the Sewer Fund in 2003 and the difference it needs in 2004, 2005, and 2006.

Councilman Booher asked, in regards to Item 12, if there was a percentage comparison done as to how the city municipal judges are paid. He asked in comparison, are the City's municipal judges paid more or less.

Councilwoman Martin responded there wasn't a percentage comparison to local municipal judges. The committee gave the municipal and presiding judges a 4% increase because that was the average of what all City of Lakewood employees received. The part-time judges received a $5 per hour increase. Councilwoman Martin stated the raises would bring the judges up to the average level, based on a survey of area judges.