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AS AMENDED 7/12/04
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. May 24, 2004
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.
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Jackie Herbst
Debbie Koop
Cheryl Wise
Ed Peterson
Carol Kesselman
Ray Elliott
Mike Stevens
Tom Booher
Bob Murphy
Barbara Martin
Absent: None.
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
In honor of Armed Forces Day, the Presentation of Colors was performed by officers
from the US Army, US Air Force, US Navy, and US Marine Corps. The Pledge of
Allegiance was recited.
ITEM 4 - PROCLAMATION -
NADYA HILL DAY - MUSIC SCHOLAR PROGRAM
Mayor Burkholder proclaimed May 24, 2004 "Nadya Hill Day" in honor
of her participation in the Music Scholar Program. Nadya Hill played the violin
for the City Council and audience.
ITEM 5 - PROCLAMATION -
OLDER AMERICANS MONTH
Mayor Burkholder proclaimed the month of May, 2004 "Older Americans Month"
in honor of older Americans' contributions to the City of Lakewood; in particular,
the contributions of the City's Senior Citizens Advisory Commission.
ITEM 6 - PRESENTATION - POLICE ATHLETIC LEAGUE SCHOLARSHIPS
Police Chief Ron Burns introduced Commander Michele Tovrea, President of P.A.L.
Commander Tovrea stated that members of the Police Department donate $3.00 per
pay period to fund the scholarship awards, as well as various other youth organizations.
She introduced Senior Agent Don Kramer and Det. Dave Adams, who in turn, awarded
four graduating seniors with scholarships through the funding from the Police
Athletic League.
ITEM 7 - PUBLIC COMMENT
Steve Holben - 3343 S. Nelson Court - Lakewood, Colorado
Mr. Holben stated that he reviewed the approved minutes of the April 26, 2004
Council meeting which included comments he made and copied to City Council.
He stated that he found the minutes to be edited such that they omitted four
points he felt should have been included in those minutes and reread the points
and asked them to be included in the official minutes of this meeting. Council
was copied with the April 26, 2004, discussion which highlighted the points
he reiterated as follows:
Number one, "Contract City Manager Mike Rock, publicly calls me obsessed, has banned City employees from even responding to me, and thus denied me access to my government."
"Now, Mr. Rock has absolutely no authority whatever to deny me access to my government and I'm going to ask him to keep his opinions to himself about my motivations." Thank you.
Number two, "This letter opens the 2004 "Lakewood Latrine" season with me accusing Lakewood employees and elected representatives of under serving, world class stonewalling, and nothing less than lying to and thus defrauding Lakewood and Colorado's citizens and the media."
"These are serious charges that as an owner of this City, I feel need to be kept in the light of day on the public record."
Number three, "Mr. Stevens declares the outhouses don't block the view."
"This is such an absurd statement from an elected official that I believe the Lakewood's residents are best served with this on the public record."
Number four, "I challenge Mike Rock, Frank Gray, Roger Noonan, Dan Nickle, Kathy Hodgson and elected representatives Mayor Burkholder, and Counselors Stevens and Kesselman to come forward and comply with the accountability requirements of the Comprehensive Plan and Core Community Values by providing chapter and verse to Lakewood's citizens of how the embarrassing eyesores that now greet visitors to the historic Mt. Carbon Summit comply with the letter, intent and spirit of stated City policy, the Comprehensive Plan and the governing ordinances."
"That concludes my reiteration of the remarks and I would like to have them included in the minutes of this meeting. Now, as I indicated to Mr. Stevens and Ms. Kesselman in emails over the weekend, I will be contacting them both this week to insist on my gaining access to those in my government that I feel are best qualified to answer my questions. I anticipate and look forward to their cooperation. Thank you." (A document was forwarded to the City Council and the City Clerk.)
Maureen Nicolais - 1471 S. Arbutus Place - Lakewood, Colorado
Ms. Nicolais stated that she is concerned about the plans to develop the ravine
that falls downhill from the Green Mountain Hayden Park Trailhead, the one that
has been set up as a drainage ditch and a pass-through from the mountain on
the top to Bear Creek Lake at the bottom. "I'm particularly speaking for
those here who are not familiar with the circumstance about the almost four
acres that were purchased for $50,000 almost exactly a year ago. Subsequently,
six months later, resold to a developer for a larger sum for his plans to build
high-rise high-density housing and some variations thereof. I want to let the
Council know that I continue to ask your consideration and support in making
sure that zoning variances are proper and correct, that this land use is in
the best interest of all people in Lakewood, and you know that I am still out
there and I'm still concerned and I would like you to know that I support you
in helping us in this endeavor and look towards your guidance in keeping this
circumstance reasonable. Thank you."
Rita Bertolli - 13484 W. Oregon Court - Lakewood, Colorado
Ms. Bertolli stated that she was here again to talk about the same issue that
Maureen was speaking of. "I thought I would come down tonight just to clarify
a couple of things with Council because it is a complex issue and I think you're
all being made quickly aware of that and I wanted to submit some documentation
for your reference in public record. It is really easy to say that people that
have a piece of land behind their homes or beside their homes, well they just
don't know that it's not designated open space, even though there is no building.
Poor people, they just think it's open space, but it's really not and that's
their problem. It's different, I think, when the City advertises it as open
space. I have a couple of maps and maybe you all can go over it in your own
leisure. Some from 1987, some from '70s, '76, '73, this is definitely not exhaustive
of the material that we have showing that the land was historically an existing
park. One of the maps actually points to this specific parcel as a square, actually
two of the maps, as parkland. I don't know. I don't think many of us know what
happened with this property, but clearly there is historical basis for finding
this to be a park area. The other thing I wanted to submit was something that
I think will help you guys understand why we were so upset about that bulldozing
that happened. This is a photo and I know, you can't see it from there, but
you can look at it later, of damage that was done. This is a fresh photo after
he took that bulldozer, that front-end loader down the property. This is clearly
not an access road. This is about three-quarters of the property that he swathed
away with the bulldozer. It's at the discretion of the City go give fines, but
it's amazing that the City gives fines to residents all last year and somebody
like this, who has publicly stated to reporters, that we are 'dogs foaming at
the mouth' with our campaigns" has not received any reprimand from the
City of Lakewood. Thank you very much for your time and hope that you will work
with us." (A photo and maps were given to the City Clerk for distribution
to City Council.)
Dave Perkins - 13531 W. Montana Avenue - Lakewood, Colorado
"I want to bring to the attention of everyone the Hayden Park Ravine Area.
While having an opportunity a couple of weekends ago to go up and enjoy that
beautiful site at Green Mountain, it was very interesting to me to talk to different
people that were on that trailhead, who were not only from Lakewood but also
from Denver; people that might be in a crowded area living in a house, a condominium,
a town home, that didn't' have any open space, how enjoyed they were at coming
up to be able to look at the beautiful view and see the animals there. Not only
to the aspect of us that live in that neighborhood, but also to the other people
that are outside of our area, outside of this specific; that aren't as fortunate
as we are to live in Lakewood, that come up to enjoy that site. We just ask
that you will keep our best wishes in mind and, hopefully, we can work together
on this issue. Thank you.
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado 80226
Mr. O'Beirne placed a map on the overhead projector. I am here to talk to Council
about this open space issue and, hopefully, to gather enough attention to create
an interconnection between Lakewood open spaces, which in fact, are really concentrated
in Ward 4, as you can see by the large spaces here - the Hayden Green Mountain
Park and also the Bear Creek Park. The area that we are concerned with is the
parcel recently purchased and can be had now for a modest price of a little
over a million dollars after being purchased for $50,000. Over the years, the
city has considered this parcel as a vital link between these open spaces, but
hasn't acted. Then the time came when the parcel went up for public auction
in a tax lien sale, still the city didn't act. Now, in December, Lakewood City
Councilor, Mr. Elliott, had his own church annexed into the City, December 8th,
no congregation. The church is actually far east of where the future site is
going to be. Now ,people presently enjoy this parcel and have for years as open
space. It's a functioning part of the City, even though it's been privately
held. There is no congregation around this vacant parcel."
Mayor Burkholder - "I'm going to interrupt you for just a minute. That has nothing to do with what you are talking about."
Michael O'Beirne - "I'll make that decision, Mayor. I've made it germane and there is a correlation between the action the City is taking between this parcel and this parcel…"
Mayor Burkholder - "You are out of order."
Michael O'Beirne - "This is public comment and my issue is addressing this parcel…"
Mayor Burkholder -" You are out of order. I'm going to adjourn City Council for the next five minutes."
City Council went into a five minute recess.
Mayor Burkholder - "I want to say to you again, Mr. O'Beirne, that this is an issue involving a piece of land, that certainly there are a lot of people concerned about, but I want to stress to you also, that if my memory serves me correct, that the church that you brought up is not even in the City of Lakewood. I think that's an important fact for you to be concerned about. The other thing is that, to the best of my knowledge, this has never been considered as a piece of open space. It has been private property since it was zoned in 1972. I'm certainly going to give you your full three-minutes to start over again, but please stay to the topic of the property in question."
Mayor Burkholder reconvened the City Council meeting.
Michael O'Beirne - "Thank you Mayor Burkholder. December 8th there was an intergovernmental agreement signed that might clarify the issues of churches, but I'll stick to the issue if that will make you more comfortable. With respect to the parcel at hand, here on Alameda Blvd., the city over time, has considered it an addition to open space, but hasn't acted. The parcel has been left vacant, but it shows up in multiple maps as hopeful future homes of open space. Former Sentinel Reporter Leroy Standish actually has a photograph of the sign on the parcel, saying "future home of Lakewood open space." Despite our disagreement about what constitutes public comment, I would really urge the city to take into consideration that this is a vital link between Green Mountain and Bear Creek and serves a very large piece of the community; albeit in Ward 4, where you can see the green spaces in other wards, but none really have a relationship, one with the other, like these ravines do. It was a unique parcel that was threatened. God doesn't make any more land. Once it's gone and the condominiums are put up, there is no going back. Thank you.
Lorna Fox - 1133 South Eaton Street - Lakewood, Colorado
Ms Fox - "I'm a little confused. I thought public comment was a time for
the public to comment and I didn't realize our topics of comment were limited.
I must say that I am very upset by limiting someone's ability to speak in the
little, tiny, three-minute period that we're given to just say what's on our
minds about City government, or the weather, or somebody's golf tournament coming
up, and I think it's very important to not to try to censor people's public
comment and so I would like, the City Attorney's opinion as to whether Mr. O'Beirne
was actually out of order. It seems to me that if we are not obscene, we can
rant about anything we want to during our three minutes. That's all I have to
say, but I would like clarification."
Todd Shelton - 679 South Reed Court - Lakewood, Colorado
Mr. Shelton - "It's about the city closing down Patterson Day Care. I guess
the city funds six Head Start programs which are free to obviously, those that
qualify and then there is the toddler/infant care program at Patterson and then
there is a preschool program. We came to support the teachers, there were three
teachers that we were coming to support, but they were all so upset and in tears,
a lady by the name of Sharon, just waltzed into the daycare today and said that
they were shutting down due to city funds, I guess. It's hard for me, I researched
probably, my wife and I sacrificed for at least three years, and those of you
who have ever had children in day care will understand, we sacrificed for a
couple of years to keep our child at home. We were dreading that point when
we had to put your child in day care. We looked at at least 15 different day
cares and Patterson is by far, the best. I guess they pay their teachers well.
They get training. They get CPR training, among other training. The parents
that are represented here will agree that it is definitely the best day care
you can find in Lakewood and I guess, for lack of funding, they are just shutting
down. Like I said, someone just waltzed in and said they're shutting down today
from the Director of the program. We would just ask, and I'm sure the parents
are going to get together, to do whatever they can do to fight that. It's just
with the City buying, I guess I heard they are buying BMW motorcycles for police
officers and all these streets are being paved. It's hard to believe they cannot
pave one street or something so they can keep good childcare for children."
Mayor Burkholder - "That is the first time I have done that in the five years that I've been Mayor. I felt that Mr. O'Beirne had stepped over the line. As a public official, we are subject to being disagreed with and that is fine. But to say that there was a certain amount of favoritism or to bring in religion into this issue, I felt was inappropriate and that is essentially why I asked that Mr. O'Beirne refrain from speaking. Now we'll get the legal answer."
Roger Noonan - "I think there is a couple of responses I can give you. First, as Chairman, you obviously can make rulings and have made rulings. If anyone on the City Council disagrees with your ruling, they can challenge that ruling under "Roberts Rules of Order." So, if anyone on Council disagreed with the Mayor's calling the gentleman out of order, you certainly have the ability to speak up, as a Council person. In regard to public comment, my experience is that it has been very open for as long as I can remember. I think a perfect example was the first gentleman who spoke tonight who obviously was very direct toward a number of City Council people in terms of his opinions. So to say, whether I agree or disagree with your decision, Mayor, I would just simply say that public comment or public opinion is not unfettered without any controls whatsoever. A person cannot address Council in some inflammatory manner or in an insulting manner. Certainly, we would encourage as much as possible there be no personal attacks, on not only the people on City Council, but personal attack on anyone else. I think the people who come before you under Public Comment owe it to themselves as well as the citizens, if they have an opinion they want to express, to do so in a way that does not personalize that issue, but brings it to the Council's attention, in what I would call a less personalized attack. In this instance, I wasn't familiar with the situation as the Mayor pointed out afterwards, but certainly, Mr. O'Beirne was apparently mistaken in his statement about this property being annexed. I wasn't honestly paying that close attention, whether he said annexed to Lakewood, but obviously the property is not annexed to Lakewood, so he was mistaken. I guess I would have to say that we've heard worse, Mayor. That's the best I can say."
Councilman Stevens - "I think, perhaps where Mr. O'Beirne got a little off track, was that the insinuation seemed to be that somehow there was some sort of preferential treatment being given and I think given that, Mr. Mayor, you were appropriate in cutting off his comments. I would perhaps encourage Mr. O'Beirne to maybe follow the lead of his other neighborhood leaders in terms of how to present that issue. I know it is a very very complicated and very heated issue. We're all aware of it up here. We're studying it very very closely. We're watching it as closely as you are. Obviously, because it has to come before Council, there is going to be quasi-judicial involved to where we cannot state any opinion prior, but I can give you the assurance that everyone on Council here is going to do their homework and when this does come before us, we will have all the facts and we're better served by not having the inflammatory rhetoric to accompany that discussion Thank you."
Councilman Booher - "Just to catch up anyone who might be watching at home and give them a little background on what we have going on up in Green Mountain. There is a parcel of land that runs just east of the trailhead there at Green Mountain that there has been some confusion in the past about whether or not it was open space and that's some history and obviously, people are still delving into. Let me just get to the point where we have been working the last year. We have made this a priority to try to preserve this area as open space. The city has placed it on its priority list and from there, we went to seek grants from GOCO and from JeffCo Open Space. Unfortunately, they have not seen it the same way and have not made this parcel a priority for their grants. As most of you know here tonight, we're cutting over $5 million out of the budget and that is why several of you are here and understand the difficulty in prioritizing in those areas. Really, short of getting significant help from an outside agency, the best we can do right now, is to make sure that any building on this parcel is done at the highest quality and with the least impact to the environment and to the community. Having said that, just this last week, we have responded to the pre-planning with a review and I would say that our response is that we will be holding the development to the most stringent of accountability for whatever goes in there and that is available for public review. We're still in the beginning processes of this, but we will be doing the best we can under the circumstances for the community."
Councilman Murphy - "Just to elaborate on Councilor Booher's point, which is very well taken, on May 18th our Planning Department responded to the developer with a 28-point response to his initial submittal. You know I've been doing this a while between Planning Commission and Council and it is being done very fairly, but it's being scrutinized as closely as anything I've ever seen in my experience here. The initial submittal from the developer was apparently, quite incomplete. Our response, I can assure you, was very complete. We will continue to, as Councilor Booher said, follow this very closely as it works its way through the process."
Mayor Burkholder - "On the issue of day care, I would ask that those of you who are interested in that, please stay, we do have a general discussion on that coming up. You'll hear the complete presentation about where we are on budget here in the City right now."
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 8 - RESOLUTION 2004-56 - AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND BELMAR I, LLC FOR THE CONSTRUCTION OF AN ELECTRICAL GENERATOR AND OTHER ELECTRICAL CONTROL EQUIPMENT IN THE WEST ALAMEDA AVENUE RIGHT OF WAY
ITEM 9 -RESOLUTION 2004-57- HONORING THE VIETNAMESE-AMERICAN COMMUNITY
ITEM 10 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council
Meeting May 10, 2004
Special City Council
Meeting May 17, 2004
ITEM 11 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
Lakewood Planning Commission
Public Hearing Meeting April 7, 2004
Heritage, Culture & The
Arts Commission Meeting April 21, 2004
Lakewood Housing Authority
Meeting March 29, 2004
Lakewood Housing Authority
Meeting April 13, 2004
Councilman Elliott 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. Councilwoman Martin seconded the motion.
Public Comment: None.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
PUBLIC HEARINGS:
ITEM 12 - ORDINANCE O-2004-14
- 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
Public Comment: None
Councilman Elliott made a motion to adopt Ordinance O-2004-14 on second and final reading. Councilwoman Martin seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2004-16 - ANNEXING CERTAIN UNINCORPORATED LANDS IN A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 1, AND A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (COLORADO ACADEMY)
Public Comment:
Jan Wilkins - 44 Meadow Vista - Evergreen, CO
Ms. Wilkins stated she was representing Colorado Academy and offered to answer
any questions regarding the annexation from City Council.
Councilman Elliott made a motion to adopt Ordinance O-2004-16 on second and final reading. Councilwoman Martin seconded the motion.
Councilwoman Kesselman stated that this is a wonderful opportunity for a great partnership that will move both Colorado Academy and the City forward in the future and stated she would be supporting the ordinance.
Vote: All Ayes. No Nays. The motion carried.
ITEM 14 - ORDINANCE O-2004-15 - TO ZONE LAND LOCATED AT 3800 SOUTH PIERCE STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment: None
Chad Minor, Planning Department, stated that staff recommended approval of the zoning request and the Planning Commission by a vote of 6-0 at their May 4, 2004 meeting, also recommended approval of the zoning.
Councilman Elliott made a motion to adopt Ordinance O-2004-15 on second and final reading. Councilwoman Martin seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 15 - GENERAL BUSINESS
Councilman Elliott, Chair of the Audit Committee - "The Committee has been meeting with the Director of Finance to review the quarterly financial results during the previous year in order to keep Council informed to the status of the city's financial situation. On May 10, 2004, the Audit Committee received and reviewed the preliminary results of the 2003 Audit, which showed expenses in excess of revenues by $4.5 million, resulting in a reduction in the City's General Fund Balance. In reviewing the results for the first quarter 2004, revenues continued to be below the budgeted revenues and the Council Audit Committee directed staff to propose budget reductions in 2004 and 2005 to bring expenses in line with revenues. Though expenditure reductions will go into effect in 2004, the full impact of these cuts will occur in 2005. On May 17, 2004, City Council went through some personnel issues in relation to the budget. He asked Mike Rock to review the expenditure reductions to be approved by Council this evening."
City Manager Mike Rock thanked the Budget Audit Committee and the Council as a whole for their patience in going through a very complex issue. He also thanked City employees for their patience and diligence in sticking with us in what has been a very extended period of budget reductions and cutbacks. Finally, he apologized to the residents because the city is very proud of the services we provide and it is painful to us to be in a position where we are continually having to cut back the budget. I can guarantee you, in going through this, that there will be something in here for everyone to dislike.
Mr. Rock gave a PowerPoint presentation, which was an update on the 2004/2005 Budget Information as follows, and discussed the detail of the reductions, as well as the impact of each of the reductions:
General Fund Reductions
2001 $1,010,000
2002 $1,055,000
2003 $1,739,000
2004 $3,754,000
$7,558,000
2003 General Fund Audit Results
Expenditures exceeded revenues by $4,508,000
Reductions in fund balance from $13,359,000 to $8,851,000
City under spent by $3,814,000
City under collected by $3,760,000
Mills contributed $3,200,000 in sales tax
Sales tax collected only increased $890,000
Other sales tax sources declined
Closure of K-Mart and general economy
2004 & 2005 Projections
Updated 2004 estimated revenues are $70 million
2004 budged expenditures are $76 million
Targeted reduction total for 2004 & 2005: $5.5 million (7.2%)
Reduction Overview
Non-Departmental $21,800
Mayor & City Council $24,700
City Clerk's Office $40,000
City Attorney $46,200
Employee Relations $75,000
City Manager's Office $104,100
Finance $151,300
Municipal Court:
Reduction in Expend. $75,000
Increased Revenue $110,000
Community Plan & Devel $252,500
Housing & Family Service $284,300
Information Technology $317,500
Community Resources $426,000
Public Works $822,900
Police Department $2,304,000
West Metro Acquisition
Deferred $420,000
Public Comment:
Adrian Lewis - 6900 W. 6th Avenue - Lakewood, Colorado
"I am here to represent Jacob Lewis, his great grandson. He entered this
world just a year ago, real tough struggle. He has done very well due to the
care that he has received at the infant and toddler school. It would be very
difficult for us to relinquish this type of care that we received at the Head
Start and at the Toddler and Infant Care. At this time, I urge each and every
one of you to seriously think about this portion of the budget and if you vote
to strike this, then you go with me tonight and tell little Jacob that he no
longer can get that care. Thank you."
Councilman Elliott made a motion to approve the proposed budget reductions presented this evening. It was seconded by Councilwoman Martin.
Councilwoman Martin - "We've had two people speak tonight regarding the infant and toddler care and the day care and I'm wondering if Tami Fischer could come up and speak to other alternatives that are available in the city. Since we can't offer this anymore, where else could these people go?"
Tami Fischer - Director of Housing and Family Services - "This has, as you know, been a difficult decision, for all the departments and it certainly is difficult to Family and Housing Services. It came down to strictly a fiscal decision. Infant and Toddler, just like the City Budget, the expenses outweighed the revenues. We cannot support this program without raising fees so high that we would raise ourselves out of the market and make it unaffordable to our families. This is really, strictly, a fiscal decision to cut this program."
Mayor Burkholder - "Are there any alternatives that you know of that would be available out there."
Tami Fischer - "We have a letter going to the parents, that gives them a number for the Red Rocks Child Care Research and Referral. "
Councilwoman Herbst - "Doesn't JeffCo have the same similar type of referral service as well?"
Tami Fischer - "Red Rocks covers all of Jefferson County, including day care in homes and private centers."
Councilman Elliott - "How much time frame are we going to give the people currently in that program to be able to move their kids into another program? Is this going to happen very quickly or is there going to be some transition time for those families."
Tami Fischer - "We will give them 30 days notice in which to find alternative care and we'll assist in that in any way that we can. We have a staff that will work with them that is very familiar with other services in the community and can help them transfer their files and records that are required for licensed child care centers."
Councilwoman Koop - "Which ages represented this childcare? Are they newborn through preschool and then they would move on to a new program?"
Tami Fischer - "Right. We do have some private pay schools which they had mentioned earlier also at Patterson and they can move into that preschool program at Patterson. As you know Head Start is federally funded. It's not funded by the City but is a federal grant and that provides day care for preschool age children. Infant/Toddler care is extremely expensive to provide because you have to have a lot of adults per infants and toddlers and it is very very difficult to find a program that really can make its budget and unfortunately, we haven't been successful in doing that."
Councilwoman Koop - "Could you also tell us how many families this might effect?"
Tami Fischer - "I believe, currently, it will effect 20 families."
Councilwoman Kesselman - "I wanted to thank Mr. Elliott, Mr. Booher, and Mr. Stevens for all of their hard work with the Audit Committee because I think they struggled through some of the issues and tried to focus us on what it was we needed to be looking at. Then also to the department heads who had very difficult tasks to look at the issues and try to develop some options for us to look at and when we did that, it was very difficult for each of us to try to figure out what made the most sense. Even though we know that all of these programs that we are looking at are things that are of value to many of us, specifically, some that are extremely valuable to specific people. Those are things that we certainly thought a lot about and put some time and effort into discussing, as well as all the employees in the City of Lakewood who work so hard and do such a wonderful job. It's been a real struggle for us because we wanted to make sure that we do the best job that we can with the resources we have and I think that's what we tried to do in looking at this."
Councilman Peterson - "This has, as Councilor Kesselman has referenced, been an extremely difficult and, in some instances, a heart rendering and heart wrenching exercise. I'm sure that everyone knows, in dealing with your own personal family budgets, when your outgo exceeds your income, something has to give. Each one of these reductions in services and in particular, in personnel, were extremely difficult for me as a new City Council person, to really weigh all of the issues. I would like to, as Carol said, compliment our staff and the directors of these individual departments, for their assistance in providing knowledge and really a full explanation of these cuts as they went through. Also, I just thank God that we were able to have the Mills project coming on line and the other economic development that is occurring within this City, or this picture would have looked much much bleaker than it actually is. I would hope that as time passes and we begin to come out of the current lean years that we've all been experiencing, that some of these very valuable programs would have the ability to be re-instituted at a later date, depending on our income stream. Once again, this has been probably one of the hardest things I've ever had to do."
Councilman Stevens - "When you look at the budget and the audit that came out for 2003 and look at the trend lines for revenues versus. expenses the last couple of years, it becomes real apparent that even despite the city and the wonderful staff we have, under spending on expenses by $3.8 million, doing everything they can to conserve, including not taking raises in 2004, paying that price; you look at the revenues having dropped $3.7 million and suddenly you realize that when you're looking at the 2004 Budget, we would have to have a 10.4% increase in sales tax revenue to come to a break even point and to achieve our proposed Budget for 2004. That would mean we would have to make these cuts. Obviously, we can't manufacture revenue. The only control we have is the ability to cut expenses. When you're sitting there and looking at a ledger and numbers, it all seems pretty cold, but then you realize that it's people's lives that you're affecting. Not only the gentleman here who utilizes the day care, but people on our staff that have devoted many, many years of their life serving, not only the Council here, but you the public. One such person is sitting in the back of the room tonight. Her position was eliminated. There isn't one person sitting up here tonight whom she did not work hard for during her tenure, to help us meet the needs that our citizens had and answer questions. This is horrible. It's horrible to have to do this. Over the last 30 years, I know that the city has come forward several times to the community to ask for a sales tax increase from 2%, which is one of the lowest sales tax rates on the Front Range, and the citizens have declined to give that. I'm not advocating anything tonight, I'm just saying that at some point in time, I think the citizens need to recognize that number one, we've done just about everything we can to provide services and live within the guidelines that we've had for the last 30 years. Number two it's going to be important for citizens to decide what kind of city is it that we want to have. What kind of services are you willing to pay for? Over the last four years, Council and staff has certainly done everything they can to try to insulate the public from these cuts, to make it as painless as possible. Well, ladies and gentlemen, those days are over. We can't do that any more. We're to a point now where we're cutting into the bone. We had somebody come forward tonight and ask why the City didn't pay $50,000 to buy this piece of private land for the neighborhood. Yet, we've got someone sitting in the back, and other people here who have lost their jobs. There's not enough money to go around to provide the level of services we provided in the past and I'm sorry to say that. We, as a xity, need to decide what it is we're willing to accept and try to work together to plan for our future because we can't add enough Colorado Mills or Belmars or WalMarts or anything else to keep this going. Thank you."
Councilwoman Martin - "Mr. Rock, I have a question for you. Is this is the first time we've ever had to do a mid-year adjustment and cuts or have we done that in the past?"
City Manager Mike Rock - "No. We did one last year. It was a little bit later, either July or August. So we've done them mid-year and at the beginning of the budget year. Part of the problem is the Audit timeframe. By the time you reconcile and go through the process, the prior year numbers, which dictate what your beginning fund balance is, aren't available, until June and by then, you're half way through the year. Actually, this has become more routine than we would ever want it to be."
Councilwoman Martin -" It just seems like it is deeper this time."
Mike Rock - "It is. Each time, as we saw in the earlier screen, the numbers are growing geometrically."
Councilman Elliott - "As Mr. Rock pointed out, this isn't the first time we've had to go through it and every time we do go through it, it gets tougher and tougher. But we really don't have any choice in this city. As we look at the numbers and where the revenues are coming in, where the expenditures are, we really had to take a close look. And I want to thank Mike Rock for his leadership in this area, along with the Management Team, in going through and looking at what areas they propose in relation to where the cuts should occur. I also want the public to know that the Council did discuss this in a lot of detail. We went through programs, people advocated on behalf of certain programs, there was a very good discussion. I want to thank my fellow Councilors for the time that they put in to looking into these issues and really arguing on behalf of the citizens in this city in relation to what should be cut and what we should keep. It wasn't easy to do that, but once again, we don't have a lot of choices. The one thing I am probably most proud of is, yes, there are people that are affected by the cuts. We have staff who have lost their jobs. We have citizens, as this man pointed out and a number of other people, that had children in the day care programs, but I honestly believe that we tried to do those things that would have the least amount of impact on the citizens. We could have made the pain felt throughout the entire City, but the staff did not propose that when it came before Council. Council took a look at those programs that would have a big effect on a large number of citizens in the city and chose not to select those things. I'm proud of what we've done. Was it easy to do? No. Is it easy to see these people that we've had communications, that have worked very, very hard for the City, everyone of these people that we are having to let go, have done an admirable job, an incredible job and made us look good in so many ways. It is very, very difficult to go through and do it, but folks, we do not have any other choice. Even if we were to go for a sales tax increase, there is never a given that that would necessarily pass and we have to do the fiscally prudent thing, fiscally responsible thing, and reduce the expenditures, until at such time the revenues come back or the citizens would say, we want a sales tax increase. Once again, I'm proud of the people that I work with on the Citizens Audit Committee and also my fellow Councilors here tonight. Thank you."
Councilwoman Wise - "There is really little that I can add to this. Again, I want to compliment staff. I think the recommendations that were presented to us were very broad based and certainly, many, many valuable programs were eliminated. As everybody up here knows, I was particularly troubled that almost 5% of our employee base are carrying 100% of the burden on the job losses. I tried to ferret out some other alternatives, but there were none that were presented that were accepted. I fought the hardest battle I could on that, but nothing presented. I want to thank my Councilors, too, for bearing with me as I made my arguments, but there were no other solutions presented to us. My apologies and condolences, I guess I would say, to those employees, who like I said, are losing their jobs. These infants, I well remember how difficult it is to find good quality day care. I can't imagine the turmoil you are going through right now. But, as Councilor Stevens said, we just don't have enough income to support the services that we are providing currently, so we had nothing left available to us, other than to cut people and services."
Councilman Murphy - "I would like to just address the revenue side a little bit, by asking Mr. Rock a couple of questions. You mentioned that the new Colorado Mills Mall produced $3.2 million in new revenue. Yet, we find ourselves facing nearly $5.5 million cut here. Knowing that you can't predict what revenues will be across the board next year, you did mention a couple of specific projects: WalMart and Belmar. You mentioned some figures. Both of those projects coming on board, what are we talking about? $2 million perhaps in increased revenue."
Mike Rock - "About that. In order to give you a context. In order to make
up $5.4 million, Mills would have to increase its sales by 100%. That would
be $3.2 million. Walmart would have to double its $1 million guarantee to $2
million. That would take us to $4.2 million. We're still $1.4 million short.
Belmar would need to exceed its projections by 100%. Obviously, that is not
realistic. Certainly, we are adding revenue through new retail projects."
Councilman Murphy - "Historically, Mike, we have attacked this via the tax base route. We have Mills open. These are very big visible projects and I'm sure there are those who think they are bringing in lots of money. Any more big projects on the horizon besides Walmart and Belmar?"
Mike Rock - "Well, certainly Belmar will be built out in phases, but its heavily loaded on the front end so the retail in Belmar will really be completed over the next 12-18 months and then there will be mostly residential and office. Most of the other projects are small in comparison. There will never be another Mills or another Belmar. I don't see any huge increases. Certainly, we are constantly working on projects, but most of that next generation of projects are the kind that produce maybe $400,000 to $800,000 per year. That would be a large format retailer of some sort. It just doesn't get you there."
Mayor Burkholder - One of the issues that I would like to reiterate here, is that I think that the City staff has done a great job in controlling costs. Revenue, again, is one of those issues that we have no control over. We have cut the budget four out of the last five years and if you include the $7.8 million previously plus this $5 million here, over the last five years we're cutting this budget by $12.8 million. That's a lot of service and we, again, tried to increase the base, rather than the rate, and at the same time, we've tried to insulate the public by using fund balances to continue delivery of services and I just think that we are to that point of having to do exactly what we're doing this evening. I think the thing that concerns me the most, and I know it concerns staff, and if I might quote the President of the Lakewood Fraternal Order of Police, "The citizens of Lakewood have come to expect extremely professional service at a very high level. That service level is now being knocked down." I'm paraphrasing, I didn't quote the whole thing, but that is one of the issues that concerns this Council a great deal. Rather than do across the board cuts, we're doing cuts surgically, which includes programs and it includes people. This is, basically, what we're dealing with and I think this Council has had the courage to address these heavy cuts and this issue of where do we go. I think it's important that we go into the year 2005 in a good position. If we did not do anything, we would not be doing our job here."
Councilwoman Wise - "One thing that we didn't mention is that last week we had that televised study session on the TABOR exemption and I think that we would be remiss if we don't kind of connect tonight's decisions with the upcoming TABOR override exemption that Lakewood will be faced with in 2006. If we did not have that exemption now, it would be looking at $3 million less in our budget this year."
Mike Rock - "Correct. I think it's $13 million over the period and $3 million this year. That would be almost double what we're doing now in terms of cuts."
Councilwoman Wise - "So voters, a decision certainly has not been discussed at all on Council yet. We're just starting the education process for the citizens, but if we did not have that exemption right now, we would be in trouble."
Mike Rock - "A number of you have said this and I want to reiterate it. There is no near-term fix on the revenue side. The only avenue you have to maintain balance between revenues and expenditures is on the expenditures side. Because whether it's new retail, which has tremendous lead time; the lead time on Mills was about eight years. The lead time on Belmar, depending on when you determine we started, was somewhere between 6 and 10 years. The only fiscally prudent thing we can do is work on the expenditure side now and then it will really be up to the community to decide what they want to do on the revenue side. By way of context, our last sales tax was 33 years ago, about in 1971. In 1971, Richard Nixon was President. You could buy a stamp for 6 cents. Household income was $9028. You could buy a new mustang for $2651 and you could buy a new Hutchison Home in Green Mountain for $21,700. Intel made a great announcement that they created the computer chip in 1971 and probably most germane to everyone today, you could buy gas for 36 cents a gallon. It was a long time ago."
Councilwoman Koop - "Pretty much everything has been said up here. I do want to agree with what Mr. Elliott had said about wanting the citizens to know that this wasn't a quick decision. These things were presented to us and we did discuss this for hours on end. We did negotiate with staff and talk about things we could save and all and it really was hard. I personally want to thank all of our City staff over the years. They have really helped save a lot of money for the city, so we haven't had to do quite this amount of reductions in the past because of their efforts. Anybody on staff that is losing their jobs, it is very, very hard and I, personally, really feel bad about it and I apologize, but no matter what cuts we make, it is going to affect somebody somewhere here in the city. I think everybody will personally feel the sting of something that has been eliminated. Again, on behalf of Council and especially, myself, I would like to thank all of the staff for everything you have done and thank you for bearing with us."
Vote: All Ayes. No Nays. The motion carried.
ITEM 16 - REPORTS
City Council reported on their attendance at various meetings and events and
announced upcoming events and meetings.
ITEM 17 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:03 p.m.
Submitted by,
Margy Greer, City Clerk
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