City Council Minutes for October 13, 2003 MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7 P.M. October 13, 2003

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

Debbie Koop
Cheryl Wise
Jean Saum
Ray Elliott
Mike Stevens
Tom Booher
Carol Kesselman
Bob Murphy

Absent: Jackie Herbst and Barbara Martin

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.

Mayor Burkholder recognized Boy Scouts who were in attendance.

ITEM 4 - PROCLAMATION - MAKE A DIFFERENCE DAY
Mayor Burkholder proclaimed October 25, 2003, as Make A Difference Day, a national day to help others through community service.

ITEM 5 - PROCLAMATION - BREAST CANCER AWARENESS MONTH
Mayor Burkholder proclaimed October 2003 as Breast Cancer Awareness Month.

ITEM 6 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS
Eileen Schurmann, President of the Lakewood Legacy Foundation, presented grants to Citizens for Lakewood's Future, Bridgeway Home and Education program, Lakewood Symphony Orchestra, Red Rocks Scholarship Foundation, and the JeffCo Symphony Young Artist Group for scholarships.

The City Clerk reads Items 7 and 8 into the record. Mayor Burkholder opened one public hearing for both items.

ITEM 7 - PUBLIC HEARING - LEVYING TAXES FOR THE YEAR 2003, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004

ITEM 8 - PUBLIC HEARING - ADOPTING A REVISED BUDGET FOR THE YEAR 2003 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, 2004, AND ENDING ON DECEMBER 31, 2004, 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

Finance Director Jacque Wedding-Scott gave a PowerPoint presentation on the 2003 revised and 2004 proposed budget as follows:

Budget Process
Focuses on longer Term Perspective
Provides "linkage" to Core Community Values"
Focuses on Results & Outcomes
Communication Tool with Public

Governmental Funds
Used to account for tax-supported activities, and identifies resources available for spending.
General
Special Revenue
Debt Service
Capital Projects

Proprietary Funds
"Business Accounts"

Enterprise Funds Internal Service Funds
Water Property/Casual Insurance
Sewer Worker's Compensation
Stormwater
Golf Course

Fiduciary Funds
Trust and Agency
Retiree's Health Care Program
Police Duty Death & Disability

Restricted Funds
Water, Sewer, Stormwater, Open Space, Lottery, Golf, Economic Development, Grants, Capital Improvements, KLTV8-Peg Fund

Fund Balance
Net Financial Resources Available for Spending
Deficit Fund Balance is Illegal
TABOR 3% Emergency Reserves
Council Policy - 5% Minimum Fund Balance
2004 General Fund Targeted Fund Balance is 10.34% or $7.8M

Jacque Wedding-Scott presented pie charts showing the financial uses of all funds as follows:
Charges & Services 25%
Operating & Maintenance 9%
Capital Outlay 12%
Personnel 54%

She reviewed the General Fund 2002-2004 Summary of Estimated Financial Sources and Uses and the General Fund's major revenue sources. She explained the revenue assumptions which were made, and reviewed the general reductions as well as the additional needs or exceptions to the budget.

Public Comment:

Johann Cohen -1208 S. Brentwood - Lakewood, Colorado
Mr. Cohen stated that he was the President of Lakewood Citizens for Open Space. He stated he was pleased that Conservation Trust Funds and Open Space Funds would be spent on park maintenance and land acquisition. He stated he still needed to review several areas of the proposed budget, in particular the Community Resources divisions, but felt good about the overall direction they were taking. He stated there should be a broader base of public input regarding the planning and asked if staff had considered the consequences of possible decreases in SCFD dollars.

The public hearing was closed.

ITEM 9 - PUBLIC COMMENT

The following Consent Agenda items were read into the record by the City Clerk:

ITEM 10 - RESOLUTION 2003-76 - LENGTHENING THE TERMS AND CHANGING THE EXPIRATION DATE OF THE TERMS OF THE MEMBERS OF THE CULTURAL DIVERSITY COMMISSION

ITEM 11 - RESOLUTION 2003-77 - CHANGING THE EXPIRATION DATE OF THE TERMS OF THE MEMBERS OF THE HERITAGE, CULTURE & THE ARTS COMMISSION

ITEM 12 - RESOLUTION 2003-78 - CHANGING THE EXPIRATION DATE OF THE TERMS OF THE MEMBERS OF THE LAKEWOOD HOUSING AUTHORITY

ITEM 13 - RESOLUTION 2003-79 - LENGTHENING THE TERMS AND CHANGING THE EXPIRATION DATE OF THE TERMS OF THE MEMBERS OF THE SENIOR CITIZENS' ADVISORY COMMISSION

ITEM 14- RESOLUTION 2003-80 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND ZOD ASSOCIATES, LLC FOR THE CONSTRUCTION OF A STAIRCASE AND LANDSCAPE PLANTERS IN THE ZANG STREET RIGHT OF WAY

ITEM 15 - RESOLUTION 2003-81 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND APPLEWOOD SUMMIT FOR THE CONSTRUCTION OF A RETAINING WALL AND AN IRRIGATION CONDUIT IN THE URBAN STREET RIGHT OF WAY

ITEM 16 - RESOLUTION 2003-82 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE ELK VALLEY PUBLIC IMPROVEMENT CORPORATION FOR THE INSTALLATION OF A BRONZE STATUE IN THE HAWTHORNE ROAD RIGHT OF WAY

ITEM 17 - RESOLUTION 2003-83 - APPROVING A CONTRACT WITH MULLER ENGINEERING COMPANY FOR FINAL DESIGN OF LAKEWOOD GULCH STABILIZATION FROM INDEPENDENCE STREET TO GARRISON STREET

ITEM 18 - ORDINANCE O-2003-28 - LEVYING TAXES FOR THE YEAR 2003, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004

ITEM 19 - ORDINANCE O-2003-29 - ADOPTING A REVISED BUDGET FOR THE YEAR 2003 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, 2004, AND ENDING ON DECEMBER 31, 2004, 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

ITEM 20 - ORDINANCE O-2003-30 - AMENDING SECTION 2.21.015 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE EXPIRATION OF THE TERM OF MEMBERS OF THE JUDICIAL REVIEW COMMISSION

ITEM 21 - ORDINANCE O-2003-31 - AMENDING SECTION 1.17.060 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE EXPIRATION OF THE TERM OF MEMBERS OF THE VICTIM ASSISTANCE COMPENSATION BOARD

ITEM 22 - ORDINANCE O-2003-32 - AMENDING SUBSECTIONS 8.14.060 B.3. AND B.4., 8.14.090 B., D., E., G., H., I., J., 9.80.090 B., C., D., F., G., H., I., 9.85.060 B.4. AND B.5., 9.85.090 B., C., D., 10.66.300 B. AND 10.66.310 A. AND D. OF THE LAKEWOOD MUNICPAL CODE RELATING TO ADMINISTRATIVE FEES

ITEM 23 - ORDINANCE O-2003-33 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MOUNT CARBON METROPOLITAN DISTRICT AND THE TOWN OF MORRISON

ITEM 24 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting August 25, 2003

ITEM 25 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS

Lakewood Liquor & Fermented Malt Beverage Licensing Authority May 29, 2003
Lakewood Liquor & Fermented Malt Beverage Licensing Authority June 5, 2003
Lakewood Liquor & Fermented Malt Beverage Licensing Authority June 26, 2003
Lakewood Housing Authority July 28, 2003
Lakewood Senior Citizens
Advisory Commission July 9, 2003

Councilman Murphy 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 Councilwoman Kesselman.

Public Comment: None.

Vote on the Consent Agenda: 9 Ayes. 0 Nays. The motion carried.

ORDINANCES ON SECOND READING AND PUBLIC HEARINGS

ITEM 26 - ORDINANCE O-2003-25 - AMENDING THE DESCRIPTION OF PROPERTY INCLUDED WITHIN THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY

Councilman Murphy made a motion to adopt Ordinance O-2003-25. it was seconded by Councilwoman Kesselman.

Public Comment: None.

Vote: 9 Ayes. 0 Nays. The motion carried.

ITEM 27 - ORDINANCE O-2003-26 - AMENDING THE LAKEWOOD MUNICIPAL CODE, SECTION 1.04.010 RELATING TO THE DEFINITION OF PEACE OFFICER AND SECTION 2.20.155 RELATING TO THE AUTHORITY OF COURT MARSHALS; FURTHER DECLARING AN EMERGENCY

Councilman Murphy made a motion to adopt Ordinance O-2003-26. it was seconded by Councilwoman Kesselman.

Public Comment: None.

Vote: 9 Ayes. 0 Nays. The motion carried.

City Attorney Roger Noonan stated that this change needed to be made due to legislation that passed in the last session and deleted court marshals from the new definition of peace officers. It may be corrected during the next legislative session, at which time the City would need to revise the ordinance again.

ITEM 28 - ORDINANCE O-2003-27 - TO VACATE A PORTION OF THE WEST MISSISSIPPI AVENUE RIGHT-OF-WAY ADJACENT TO THE PROPERTY AT 5440 WEST MISSISSIPPI AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

Councilman Murphy made a motion to adopt Ordinance O-2003-27. it was seconded by Councilwoman Kesselman.

Public Comment: None.

Vote: 9 Ayes. 0 Nays. The motion carried.

ITEM 29 - GENERAL BUSINESS
None.

ITEM 30 - REPORTS
Mayor and City Council reported on their last week's activities and announced upcoming meetings and events.

ITEM 31 - ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned the meeting at 8:10 p.m.

Submitted by,
Margy Greer, City Clerk