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ITEM 1 - CALL TO ORDER
Mayor Burkholder called the meeting to order at 7:00 p.m. in the Council Chambers, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Tom Booher
Ray Elliott
Jackie Herbst
Bob Murphy
Debbie Koop
Mike Stevens
Cheryl Wise
Barb Martin
Jean Saum
Absent: Carol Kesselman
Others in attendance: Joni Inman, Director, Mayor & City Manager's Office
Paul Kennebeck, Deputy City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
Presentation of the Flag and the Pledge of Allegiance was lead by Boy Scout
Den 3, Pack 546 from Lakewood, Colorado. The Boys Scouts and Boy Scout Leaders
introduced themselves to the City Council.
ITEM 4 - PROCLAMATION - BREAST CANCER AWARENESS MONTH
Councilman Elliott read a proclamation proclaiming October as Breast Cancer
Awareness Month and October 18, 2002, as National Mammography Day. The proclamation
encouraged women and men to schedule breast examinations.
ITEM 5 - RECOGNITION - POLICE DEPARTMENT NATIONAL ACCREDITATION
Mayor Burkholder introduced Police Chief Ron Burns. Chief Burns stated that
the Lakewood Police Department received its fifth-year accreditation by the
National Commission for Accreditation. It is a rigorous process with over 400
standards that had to be met. Mayor Burkholder presented a plaque to Chief Burns
in honor of the accreditation.
Chief Burns stated that the Police Department will begin anchoring agents geographically throughout the area so agents can get to know the various areas of the City more intimately in an effort to react to and prevent crime in neighborhoods.
Mayor Burkholder introduced a special proclamation and added it to the Agenda:
PROCLAMATION - ENSURING HOMETOWN SECURITY
The Proclamation joins the City with the National League of Cities urging the
Federal Government to recognize America's cities and towns as the front line
of homeland defense and the urgent need for a true federal-local partnership.
ITEM 6 - PRESENTATION - GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
Mayor Burkholder presented the GFOA award to Cathy Barum, Fiscal Analyst and
Budget Coordinator. The award is the highest award in governmental budgeting
and is presented to those governments whose budgets are judged to adhere to
nationally recognized guidelines for effective budget presentations.
ITEM 7 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANT
Eileen Schurman, Chairperson of the Lakewood Legacy Foundation, presented a
$3000 grant to the Lakewood Symphony.
ITEM 8 - PUBLIC COMMENT
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan stated that two weeks ago, people commented about the 6th Avenue
Corridor. He stated City Council should reconsider their position. He stated
he would like to see Council do a little more to pressure the State to do something.
He stated that the accident rate on 6th Avenue and in general is directly related
to the increase in insurance rates. Mr. Vaughan stated that there is an increase
in accidents on 6th Avenue. He urged City Council to contact CDOT and encourage
the reduction in speed.
Johann Cohn - 1208 S. Brentwood - Lakewood, Colorado
Mr. Cohen stated that he is the Chair of the newly organized, Lakewood Citizens
for Open Space. The organization was organized last July to be a park and open
space advocacy group. John Fox is the Vice President; Vicki Stack is the Secretary;
and Joan Pauling is the Treasurer of the organization. Mr. Cohen requested that
City Council cancel Bid #2331 regarding the construction of the Visitors Center
at the Heritage Center. He read an excerpt from the State Statutes and stated
the committed dollars are not allowed as a use of Conservation Trust Fund dollars.
He suggested the committed dollars for the Visitors Center could be used on
other projects in the City.
Michael O'Beirn - 25 N. Cody Court - Lakewood, Colorado
Mr. O'Beirn stated that after he read City's Policy Report 2002-05, he re-evaluated
his stand on the number of persons per square foot allowed in habitable living
space. He stated that ordinance enforcement should be increased and funded.
He stated he would give a copy of the Religious Land Use and Institutionalized
Persons Acts of 2000 to the City Clerk for distribution to City Council. Mr.
O'Beirn stated the Secretary of State shows the investor who bought homes in
the Meadowlark neighborhood also owns several properties in the neighborhood
and elsewhere, which shows the weight of this individual's influence. The issue
of emergencies could include the Fire Dept. having the authority to enforce
the ordinance. He urged City Council not to modify the ordinance to serve their
own legal ambitions. Council cannot enact ordinances for the sole purpose of
benefiting religious organizations.
Mayor Burkholder stated that regarding the issue of speed on 6th Avenue; the State has given the powers to CDOT regarding this matter. The City's Traffic Department is working with CDOT regarding an unsafe condition on the frontage road. He stated that the City needs to continue to work in partnership with CDOT regarding any plans on the West Corridor, which includes 6th Avenue.
Mayor Burkholder stated that regarding the open space issue; open space is a part of Lakewood and always has been. Today, 24% of this City is open space or parks and the City continues to add to that acreage. Mayor Burkholder read an excerpt from the State's definition regarding how Conservation Trust Funds can be used and it does include use for historical projects.
Mayor Burkholder stated that Council is moving expeditiously on changing the ordinance regarding the number of unrelated people per household and a public hearing is scheduled for November 28, 2002.
ITEM 9 - PUBLIC HEARING - 2002 REVISED AND 2003 BUDGETS
Finance Director Jacque Wedding-Scott gave a PowerPoint presentation regarding the 2002 Revised and 2003 Budgets. She reviewed the annual budget review process for the public. She commended City Council for their strong leadership role and wrestling with very difficult decisions regarding budget reductions. Ms. Scott provided the following information:
Budget Process: Focuses on a longer-term perspective, provides linkage to broad
organization goals, focuses on results and outcomes, and is used as a communication
tool with public.
Timelines are dictated by the city charter City Charter and the Budget document must be approved on or before November 1st of each year. Council has held two study sessions. There are two public hearings at regular City Council Meetings. The Budget will take effect November 1st. Supplemental budgets are done in November or December, if necessary.
Funds are separate accounts with legal restrictions. Governmental, fiduciary, and proprietary funds are included in the budget. Some of the restricted funds include Water, Sewer, Stormwater, Open Space, Lottery, Golf, Economic Development, Grants, and Capital Improvement.
Of the All Funds Budget, the General Fund consists of 33% and the restricted funds is 67%. Ms. Scott explained the Fund Balance and the Tabor 3% emergency reserve and the City Council's policy of having a 5% minimum in reserve.
Ms. Scott reviewed the economic uncertainty as it relates to sales tax generators
within the City. She discussed the projections for retail stores opening and
closing in the City.
The All Funds Budget was reviewed showing the 2001 Actual, 2002 Budget, 2002
Revised, and the 2003 Budget.
The largest resources available to the General Fund are sales/use tax, inter-government revenues, property tax, and other taxes. Other General Fund revenue assumptions are made including the Grand Opening of Colorado Mills, Target Superstore, Belmar Project, the under-grounding reimbursement by Stevinson, the stadium fee refund, the Rooney Valley Legal Fees reimbursement, FMS loan proceeds, CIF Repayment, and the extra duty fund balance transfer in.
General Fund Expenditure Assumptions in the Budget include a 4% increase in salaries; 15% increase in medical/dental benefits; increase in Risk Management Actuarial Balance, FMS Expenditures, position reclassifications. The 2001 Actual, 2002 Budget, 2002 Revised, and 2003 Proposed General Fund budget was discussed. Charts and graphs were presented.
The Capital Improvement and Preservation Program was presented. There are no new projects in the five-year CIPP for Open Space Funds or Water Utility. Proposed New Projects will be funded by Community Development Block Grant funds, Capital Improvement Fund, Conservation Trust Fund, Stormwater Management Utility, and Sewer Utility Funds. Projects from the CIPP have been deleted or reduced from the Capital Improvement Fund.
Public Testimony:
Johann Cohn - 1208 S. Brentwood Street - Lakewood
Mr. Cohen stated he is the President of Citizens for Lakewood's Open Space.
He commended the Finance Dept. for their work on the Budget Document. He stated
he would like to see the FTEs on page 200 of the Budget, who are assigned to
Community Resources, be cut back to save money. There are employees applying
for funds from non-profits and foundations to provide undesirable structures
at the Heritage Center. He stated this activity should cease. Mr. Cohen appealed
to City Council to moderate this activity. His organization is prepared to go
to these other organizations and persuade them to stop supporting these activities.
CONSENT AGENDA - The following items from the Consent Agenda were read into the record by the City Clerk.
ITEM 10 - RESOLUTION 2002-66 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSOLIDATION OF SENATE BILL 8 AGREEMENTS
ITEM 11 - RESOLUTION 2002-67 AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH GOODLAND CONSTRUCTION, INC. FOR CONSTRUCTION OF A PARKING LOT AT MOUNTAIR PARK
ITEM 12 - RESOLUTION 2002-68 ESTABLISHING CERTAIN FEES FOR THE CITY OF LAKEWOOD
ITEM 13 - RESOLUTION 2002-69 AUTHORIZING THE EXPENDITURE OF CERTIFICATE OF PARTICIPATION FUNDS AS PARTIAL FUNDING FOR CONSTRUCTION OF AN INLINE SKATING RINK AT THE WHITLOCK RECREATION CENTER
ITEM 14 - RESOLUTION 2002-70 AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN AMENDED INTERGOVERNMENTAL AGREEMENT RELATING TO THE HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY WITH THE FOLLOWING: JEFFERSON COUNTY, CITY OF ARVADA, CITY OF GOLDEN, CITY OF WHEAT RIDGE, CITY OF LAKESIDE, TOWN OF MORRISON AND MOUNTAIN VIEW
ITEM 15 - RESOLUTION 2002-71 AUTHORIZING REVOCABLE LICENSE AGREEMENTS BETWEEN THE CITY OF LAKEWOOD AND JOHN F. ABOTE AND SHANNON L. ABOTE FOR EXISTING IMPROVEMENTS ON PUBLIC PROPERTY AND RIGHT OF WAY ADJACENT TO 1445 LAMAR STREET
ITEM 16 - RESOLUTION 2002-72 FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAKEWOOD, REGIONAL TRANSPORTATION DISTRICT AND UNITED STATES GENERAL SERVICES ADMINISTRATION AS AMENDED OCTOBER 14, 2002
ITEM 17 - ORDINANCE O-2002-34 ORDINANCE ADOPTING A REVISED BUDGET FOR THE YEAR 2002 FOR THE CITY OF LAKEWOOD, COLORADO, AND FURTHER ADOPTING THE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2003, AND ENDING ON DECEMBER 31, 2003, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON SAID BUDGET SO ADOPTED, ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES, SETTING FORTH THE APPROPRIATIONS FOR EACH FUND; AND FURTHER DECLARING AN EMERGENCY
ITEM 18 - ORDINANCE O-2002-35 ORDINANCE LEVYING TAXES FOR THE YEAR 2002, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2003
ITEM 19 - ORDINANCE O-2002-36 ORDINANCE TO REZONE LAND LOCATED AT 1410 BRENTWOOD STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
ITEM 20 - ORDINANCE O-2002-37 AMENDING SECTIONS 10.33.070, 10.66.290, 10.66.300, 10.66.310, 10.66.320 AND 10.66.330 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE PROHIBITION OF PARKING OF CERTAIN TYPES OF VEHICLES IN THE PUBLIC RIGHT OF WAY AS AMENDED OCTOBER 14, 2002
ITEM 21 - ORDINANCE O-2002-38 AMENDING CHAPTER 8.14 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE STORAGE OF TRASH CONTAINERS AS AMENDED OCTOBER 14, 2002
ITEM 22 - ORDINANCE O-2002-39 AMENDING SECTIONS 9.85.060, 9.85.070, 9.85.080 AND 9.85.090 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO DEFACED PROPERTY FEES
ITEM 23 - ORDINANCE O-2002-40 AMENDING SECTION 9.80.090 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO FEES FOR THE ABATEMENT OF NUISANCES
ITEM 24 - APPROVING OF MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting August 12, 2002
Regular City Council Meeting August 26, 2002
Regular City Council Meeting September 9, 2002
Regular City Council Meeting September 23, 2002
ITEM 25 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Housing Authority
Board Meeting July 22, 2002
Lakewood Housing Authority
Board Meeting August 26, 2002
Public Comment: None.
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 Murphy asked how the City intended to get the word out regarding the new trash ordinance, Item 21, O-2002-38. Joni Inman, Director of the Mayor & City Manager's Office, stated that her office will put together a comprehensive public information plan.
Councilwoman Koop asked about the upgrades to Mountair Park, Item 11, Resolution 2002-67. Jay Hutchison, City Engineer, showed City Council a conceptual plan for the park and stated that the addition was being paid for through Community Development Block Grant funds.
Vote: All Ayes. No Nays. The motion carried.
ITEM 26 - ORDINANCE O-2002-32 AMENDING ARTICLE 14 OF THE LAKEWOOD ZONING ORDINANCE RELATING TO FLOOD PLAIN MANAGEMENT
Councilwoman Wise made a motion to adopt Ordinance O-2002-32 on second and final reading. It was seconded by Councilman Elliott. Vote: All Ayes. No Nays. The motion carried.
Councilman Murphy stated delineate flood plains vary from agency to agency and wanted to be assured the ordinance included the correct flood plain information.
Anne Heine, City of Lakewood Civil Engineer, stated that the flood plain map provided by FEMA is the map used for the purposes of insurance and does not include some of the smaller tributaries. She stated that for purposes of insurance, a home would not be considered in the flood zone if it is now shown on the FEMA map. The Urban Renewal and Flood Control District flood plain map does include the smaller tributaries and sub-basins and is used for housing construction, drainage, fencing, and other local uses. Most of the language in the ordinance is identical to the model supplied by FEMA.
Councilman Stevens stated that the original ordinance was adopted in 1971 and asked how often it had been revised since 1971. Ms. Heine explained that there have been several small revisions, changes in names and minor housekeeping items. However, this is the first major change to the ordinance since 1971.
Vote: All Ayes. No Nays. The motion carried.
ITEM 27 - ORDINANCE O-2002-33 ORDINANCE TO VACATE STREET AND ALLEY RIGHTS OF WAY WITHIN OR ADJACENT TO BLOCK 37, PLAT OF LAKEWOOD WITHIN THE SOUTHEAST ¼, SOUTHEAST ¼, NORTHEAST ¼, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY
Councilwoman Wise made a motion to adopt Ordinance O-2002-33 on second and final reading. It was seconded by Councilman Elliott. Vote: All Ayes. No Nays. The motion carried.
ITEM 28 - GENERAL BUSINESS
None.
ITEM 29 - REPORTS
Mayor Burkholder
He congratulated the Cub Scouts for their attendance.
He attended a dedication of a small children's library on the eastern end of the City sponsored by the R-1 School District, and JeffCo Libraries. It is supported by the Head Start Program and will be used primarily to introduce children to literature and reading.
He mentioned the publication sent to governing officials, "Governing" magazine, that features Villa/Belmar Project and City of Lakewood. He stated he had received several emails from across the County congratulating the City on the article. He has been asked to present the project at the National League of Cities Conference in December.
Councilman Elliott
He attended the Arts on the Commons opening event where the winners of the art selections were announced. It was a fun event.
He attended the Lakewod Symphony's 25th Season Open.
He announced that JeffCo Governments will meet on October 22nd and it is being hosted by the City of Westminster. Council members are to call Carole Gosnell by Friday to RSVP. Lakewood will be hosting this event on November 19th.
Councilwoman Saum
She attended the Grand Opening of the Super Target store at Denver West last Tuesday. It was a great event and a terrific store.
Councilman Stevens
He accompanied the Finance Director, Jacque Wedding-Scott, to the University of Colorado's School of Public Affairs and spoke to the students about municipal budgeting and the public process.
Councilwoman Martin
She represented the Mayor on October 6th at the Lakewood Horse Patrol Benefit at Bear Creek Park. She complimented the Lakewood Horse Patrol on the fund raising event.
She stated that the "Three Generations" statute is still on display as part of the "Arts on Commons" program and money is still being raised to purchase that piece for the City.
Councilman Murphy
He announced the Annual Two Creeks All Neighborhood Meeting would be on Tuesday, October 15th at 7:00 p.m. at Mulholm Elementary School.
He announced that the Colfax Community Association meeting is scheduled for Wednesday at 6:30 a.m. at the Mark Starr Center.
He asked Frank Gray, Director of Community Planning & Development, if the census track information provided to City Council is available to the public. Frank Gray stated that the public may go online at www.lakewood.org or get a hard copy of the document from the City's Planning Department.
Councilwoman Herbst
She announced the Family Fun Night on Halloween at the Link from 7-10 p.m. Children are not allowed without parents and parents are not allowed without children.
She invited the public and Council to the Veterans Day program at O'Connell Middle School on November 8th beginning at 12:00 noon.
Joni Inman, Director of Mayor and City Manager's Office
She stated the article in "Governing" magazine can be read in its entirety at www.governing.com.
She encouraged people to watch Channel 8 metro Voices regarding the debates
on the State ballot issues. Ed Sardella is hosting the program for Lakewood.
ITEM 30 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned at the meeting at 8:53 p.m.
Submitted by
Margy Greer, City Clerk
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