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MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
7:00 P.M. OCTOBER 11, 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
Webelos Pack #336 presented the flag and the Pledge of Allegiance was recited.
ITEM 4 - PRESENTATION - COLORADO GFOA AWARDS
Mayor Burkholder presented two awards to Finance Director Larry Dorr: the GFOA
Distinguished Budget Presentation Award and the GFOA Certificate of Achievement
and Excellence in financial reporting for the Comprehensive Annual Financial
Report. Larry Dorr, in turn, gave the awards to staff members Cathy Barum and
Richianne Sullivan.
ITEM 5 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION
Eileen Schurman of the Lakewood Legacy Foundation introduced Pat Hefner, the
Vice President of Lakewood Legacy. She will be the president the following year.
Pat Hefner presented a monetary award to the Downtown Lakewood Optimist Club.
Mr. Calvin Judson accepted the award. It will be used for the club's children's
book drive.
ITEM 6 - PUBLIC HEARING - PROPOSED 2004 REVISED/2005 BUDGET AND THE MILL LEVY
Finance Director Larry Dorr gave a PowerPoint presentation and provided the following information: Budget Event Timeline; 2004 Revised and 2005 All Funds Expenditures; All Funds Revenue; Overview of 2003 Audit Review; Budget Reduction Implementation Dates; 2004 Revised Projections for the General Fund; the 2004 Revised Budget showing Revenues, Expenses, and Fund Balance; 2005 Budget Projections; the General Fund Revenue Types; and breakout of Expenditures by Type.
Public Comment:
Bob Zachman, 13182 W. Jewel Circle, Lakewood CO 80228
Mr. Zachman is Chairman of the Heritage, Culture and the Arts Commission. He
asked City Council to support the arts in Lakewood.
Harvey Fleet - 14381 W. Archer Avenue - Jefferson County, Colorado
Mr. Fleet stated he was with the Lakewood Symphony and asked City Council to
continue to support the Cultural Center and arts in Lakewood.
Cathy Berls - 464 S. Youngfield Court - Lakewood, Colorado and Barbara Tobiska
- 13347 W. Alameda Parkway, #201 - Lakewood, Colorado
Ms. Berls and Ms. Tobiska spoke in favor of a strong active arts culture in
Lakewood and asked City Council to consider the arts community in their budget
decisions.
David Wiechman - 722 S. Beech Street - Lakewood, Colorado
Mr. Wiechman spoke in favor of reinstating the school resource officers in the
schools. He stated they provided safety for the children, supply comfort, and
stop crime before it starts.
Don Feraga - 13647 W. Montana Place - Lakewood, Colorado
Mr. Ferago stated that the City Council needs to validate every dollar they
spend and to be sure they are consistent with the priorities of the community.
He stated there is a grass roots initiative in progress to place a sales tax
increase question on the ballot in November 2005 to be used for public safety.
More information can be obtained from LCOPS@aol.com.
Donald Tallman - 960 S. Doors Drive - Lakewood, Colorado
Mr. Tallman spoke in favor of the arts in Lakewood and how they relate to a
strong quality of life in Lakewood.
Agent Dave Hoover - President of Lakewood's Police Union
Agent Hoover stated that 28 agents were being eliminated from the budget. He
stated the Police Department is now reactive, not proactive. He asked City Council
to place public safety as their number one priority.
The Public Hearing was closed.
Councilman Elliott stated that he appreciated everyone's comments. He has served on the Budget and Audit Review Committee and is concerned about the budget as well. The expenditures are in excess of the city's revenues and because of this, the fund balance is being eroded. This is the first time the budget will match revenues and expenditures. Voters have been asked to vote on a sales tax increase in the past and they have turned it down. Therefore, $5.1 million in cuts were made to the 2005 budget.
Councilman Stevens asked if revenues would be known prior to the audit being completed in May.
Mr. Dorr stated that the Budget and Audit Committee performs quarterly activity reviews. It could be done on a monthly basis. There is monthly tracking of expenditures to revenues. He stated there is a small window of opportunity to review the first quarter financials prior to the official audit.
Councilwoman Kesselman asked the Budget and Audit Committee to do a monthly review and advise all of City Council if revenues streams are in jeopardy. She stated she would appreciate a full report in April.
Councilman Murphy stated that the General Fund has a 10-11% fund balance which equates to five or six weeks of operating funds. He asked about the volatility of the fund balance.
Mr. Dorr stated that the city's top five vendors provide for seven figures in sales tax each. Any one of the top vendors closing their doors could have a great affect on the fund balance. He also stated that other cities have anywhere from 10% to 60% in their fund balances.
City Manager Mike Rock asked City Council to be careful not to commit new revenue streams if they become available. New revenues should be used to build up the fund balance.
Mayor Burkholder stated that the fund balance ensures a certain level of services and helps the City ride out the tough times.
Councilman Booher thanked City Council and staff for their work regarding the budget. He stated that public safety should be the city's number one priority. The cuts have sacrificed public safety. He stated he is not convinced that cutting the SROs and NAT Team is best for the city. Councilman Booher stated he would not be supporting the proposed budget.
Councilwoman Martin stated that she was pleased to have the arts community come forward. She stated that she feels the city is safe and having a strong community means more supporting a variety of programs. She stated that they should not sacrifice one department for another. Councilwoman Martin stated that Lakewood is a great city and she is proud of all the programs.
Councilwoman Wise stated that she was concerned about the decisions made regarding the proposed budget. She stated it was short-sited and should not be measured in dollars alone. Next year, the budget and the decision regarding the SROs will be looked at more closely. Councilwoman Wise stated that the schools should help support SROs and the public could help with this issue.
Councilman Peterson stated that he, too, is concerned with the decision regarding cutting the programs in the Police Department. However, the Council has a fiduciary responsibility to maintain a solid footing economically. He stated he respected the efforts by the staff and City Council and would be supporting the budget, but would like more time to study and analyze the budget process next year.
Councilwoman Kesselman stated that City Council studied and identified issues and have done the best job possible given what the community wants. Public safety is number one and the budget reflects that. Cuts were made in all departments. The SROs have been a great resource to all. She stated she would support the budget and will look at the budget in the future to try to restore a healthier budget. Council has done the best job possible to get to a balanced budget.
Councilwoman Martin thanked staff for going without raises and asked for the cost of the SRO program.
Mr. Dorr stated that approximately $560,000 is the cost for resource officers. He also stated that the $350,000 difference between expenditures and revenue reductions are permanent.
Councilman Murphy stated that two other programs were cut in the Police Department. The Special Enforcement Team was the second tier liaisons for the community. There are other program cuts that were made and need to be considered.
Councilman Elliott stated that the positions cut in the Police Department were through attrition and there were no direct lay offs. The Police Academy program will help with the police strength.
Mr. Dorr stated that the budget includes adding a Police Academy class in 2005.
Mr. Rock stated that the budget process could be discussed at the 2005 City Council's Annual Planning Session. The agenda has not been set and this would be a good topic for Council to consider.
Councilwoman Koop stated that she would be supporting the budget as presented. She thanked the managers and staff for working toward solutions. She stated all of her questions have been answered.
Councilman Murphy stated that Community Planning and Development has taken quite a hit in the last couple of years and it can't be cut any further if Council wants them to bring in more revenues.
Mayor Burkholder thanked everyone for their input and stated that a second public hearing and vote on the budget would take place at the October 25, 2004, regular meeting.
ITEM 7 - PUBLIC COMMENT
Jennifer Sylman - 14459 W. Exposition Drive - Lakewood, Colorado
Ms. Sylman thanked City Council for their support of the growth of the arts
in the community. The growth of Heritage, Culture and the Arts programs, the
Cultural Center, and Washington Heights have played an important role in the
city.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 8 - RESOLUTION 2004-90 - REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR DEVELOPMENT EXPENDITURES OF THE SIMMS STREET TRAIL FOR THE PERIOD COMMENCING FROM MARCH 1, 2004 THROUGH AUGUST 31, 2004
ITEM 9 -RESOLUTION 2004-91 - REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR DEVELOPMENT EXPENDITURES AT THE LAKEWOOD LINK RECREATION CENTER SKATE FEATURE FOR THE PERIOD COMMENCING FROM JUNE 1, 2003 THROUGH AUGUST 31, 2004
ITEM 11 - ORDINANCE O-2004-44 - LEVYING TAXES FOR THE YEAR 2004, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2005
ITEM 12 - ORDINANCE O-2004-45
- DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY
FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF STORM DRAINAGE IMPROVEMENTS AND
STREET IMPROVEMENTS FOR THE WEST 8TH PLACE & KIPLING STREET DRAINAGE IMPROVEMENT
PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE
INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS
ITEM 13 - APPROVING MINUTES OF CITY COUNCIL MEETING
• Regular
City Council Minutes June 28, 2004
• Regular
City Council Minutes July 12, 2004
• Regular
City Council Minutes August 9, 2004
• Regular
City Council Minutes August 23, 2004
• Regular
City Council Minutes September 13, 2004
• Regular
City Council Minutes September 27, 2004
• Special
City Council Minutes August 2, 2004
ITEM 14 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
• Heritage, Culture & the Arts Commission August 18, 2004
Public Comment: None.
Councilman Booher asked that Item 10 - Ordinance O-2004-43 be removed from the Consent Agenda and placed under General Business for a separate vote.
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, with the exception of Ordinance O-2004-43, 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.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
ITEM 15 - ORDINANCE O-2004-39 - REPEALING AND REENACTING TITLE 4 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE CITY'S PERSONNEL POLICIES AS AMENDED OCTOBER 11, 2004
Public Comment: None.
Councilwoman Wise thanked Ken Milano, Director of Employee Relations, for answering the questions regarding the explanation of the technical changes made to the policies. She stated that she would not be voting in approval of the ordinance, as she did not feel City Council had an opportunity to discuss the matter and come to a decision.
In answer to a question from Councilman Elliott, Mr. Milano stated that changes were made as prescribed by law, some clarifications were done, and some deletions were made where there were redundancies between the Policies and the Administrative Regulations. There were no operational changes made to the policies. In particular, there were no changes made to the authority of the City Manager. The City Charter is where the City Manager's authority is stated.
Councilman Elliott made a motion to adopt Ordinance O-2004-39, as amended, on second and final reading. It was seconded by Councilwoman Martin.
Vote: Eight Ayes. Three Nays (Wise, Booher, Peterson). The motion carried.
ITEM 16 - GENERAL BUSINESS
A. ORDINANCE O-2004-43 - ADOPTING A REVISED BUDGET FOR THE YEAR 2004 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, 2005, AND ENDING ON DECEMBER 31, 2005, 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
Councilman Elliott made a motion to adopt Ordinance O-2004-43. It was seconded by Councilwoman Martin.
Vote: Ten Ayes. One Nay (Booher). The motion carried.
ITEM 17 - REPORTS
City Council reported on their attendance at various meetings and events and
announced upcoming events and meetings.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder
adjourned the meeting at 9:07 p.m.
Submitted by,
Margy Greer, City Clerk
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