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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.
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
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 3A - EPA AWARD TO CONTINUUM PARTNERS, CITY OF LAKEWOOD
Mayor Burkholder recognized Brian Nielsen, Lakewood's Environmental Services Manager, and Carol Garton, Economic Development Director. The city and Continuum Partners have received EPA's Phoenix Award for their work cleaning up and redeveloping the former Villa Italia Mall into a new downtown district, now known as Belmar. The Mayor announced that the City of Lakewood and Continuum had also received an international Public/Private Partnership award for the Belmar project from the IEDC (International Economic Development Council).
The Mayor invited Tom Gougeon of Continuum forward to be recognized for these awards and noted the contributions of Vince Harris and Becky Clark of the Community Planning and Development Department. Carol Garton expressed appreciation for former Villa Italia General Manager Jonae Armstrong's work in preparing the IEDC application, and City Manager Mike Rock for his leadership. Frank Gray, Lakewood's Director of Community Planning and Development, received the IEDC award on behalf of the city.
Brian Nielsen spoke briefly about the Phoenix Award and recognized Tom Gougeon of Continuum and Scott Andrews of Arcadis, and noted that two contractors were partners in this award: Arcadis G & M Inc., and Roy F. Weston Inc., for their role in improving the West Alameda Avenue corridor and for increasing surrounding property values. Tom Gougeon spoke briefly to council members and expressed thanks to Arcadis.
ITEM 3B - HABITAT FOR HUMANITY APPRECIATION PLAQUE
Mayor Burkholder announced that the City of Lakewood had been presented a plaque from Habitat for Humanity expressing deepest gratitude for its outstanding support. He recognized Bob Sandridge, Chairman of the Lakewood Housing Authority, and Bill Lunsford, Lakewood's Housing Development Manager. Mr. Lunsford stated that the Housing Authority has a long history of working with Habitat, and reported on the renovation of Newland Square into ownership units. Nine former clients of the Housing Authority are now homeowners as a result. Mr. Sandridge told council members that he hoped the Housing Authority would be doing more projects with Habitat.
ITEM 4 - PROCLAMATION - BREAST CANCER AWARENESS MONTH & NATIONAL MAMMOGRAPHY DAY
Mayor Burkholder urged citizens to be aware of the risks and early warning signs of breast cancer.
ITEM 5 - PROCLAMATION - RECOGNIZING KATHY SWANSON
Mayor Burkholder recognized Kathy Swanson, a teacher from Stein Elementary School, who has received the Milken National Educator Award, known as the "Oscars" of teaching", and noted that only 74 educators in Colorado and 2,077 nationally have received this award. Ms. Swanson spoke briefly about teamwork at Stein Elementary and the school's extraordinary accomplishments, and thanked Debbie Koop for her support.
ITEM 6 - RESOLUTION 2004-92 - APPOINTING A MEMBER TO THE LAKEWOOD SENIOR CITIZENS ADVISORY COMMISSION
Councilwoman Koop made a motion to adopt Resolution 2004-92, appointing George Hoerter to the Senior Citizens Advisory Commission. It was seconded by Councilwoman Martin. Vote: All Ayes. No Nays. The motion carried. Mr. Hoerter was present and introduced to the City Council.
ITEM 7 - PUBLIC COMMENT
Newt Vaughn, 8663 W. Hawaii Drive, Lakewood, Colorado, commented that there are a number of proposals on the November 2nd ballot that could cost taxpayers a lot of money. He urged voters not to support the FasTracks proposal and said he agrees with the Governor on this matter.
Walt Heidenfelder, 13095 W. Ohio Ave, Lakewood, Colorado, commented that citizens want services and these have to be paid for. America is one of the least taxed developed countries in the world. Colorado's per capita income is #6 in the nation, yet our per capita taxation is #36, and per capita funding for education is #49. He urged voters to support ballot issues 3A & 3B.
Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado, expressed support for recently approved federal jobs tax legislation, HR 4520, and commented that primary job growth should be the main goal of the city. He urged the City Council to take seriously the interests of private sector companies in this area.
David Weichman - 722 S. Beech Street - Lakewood, Colorado, provided information about the next Belmar Optimist Club meeting.
Mayor Burkholder recognized several Boy Scouts and their leader from Troop 748 who were in the audience.
The following Consent Agenda items were read into the record by the Acting City Clerk:
ITEM 8 - ORDINANCE O-2004-46 - REPEALING AND REENACTING CHAPTER 5.45 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO CABLE TELEVISION CUSTOMER SERVICE STANDARDS
ITEM 9 - ORDINANCE O-2004-47 - 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 MUNICIPAL CODE RELATING TO ADMINISTRATIVE FEES
ITEM 10 - ACCEPTING MINUTES OF BOARDS AND COMMISSIONS
• Lakewood
Senior Citizens' Advisory Commission Meeting September 8, 2004
• Lakewood
Housing Authority Meeting June 28, 2004
• Lakewood
Housing Authority Special Meeting July 13, 2004
• Lakewood
Liquor and Fermented Malt Beverage Licensing Authority Meeting August 12, 2004
• Lakewood
Liquor and Fermented Malt Beverage Licensing Authority Meeting September 9,
2004
Public Comment: None
Councilman Elliott made a motion 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 Acting City Clerk. Councilwoman Martin seconded the motion.
Joni Inman, Director of Mayor & City Manager's Office explained that O-2004-46 will bring cable customer service standards up to date, including privacy standards.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Mayor Burkholder stated that there would be one public hearing for Items 11 & 12, but that each ordinance would be acted upon separately.
ITEM 11 - 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
ITEM 12 - 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
Councilman Elliott described the budget process, saying that this has become a year-round process for the city. He explained that some budget cuts were made mid-year 2004 as part of the 2005 annual budget deliberations.
Public Comment:
David Hoover, 445 S. Allison Parkway, Lakewood, Colorado, stated that he is President of the Lakewood Police Union, Local 303, International Union of Police Associations AFL-CIO, and a 20-year resident of the city. He commented that at the last City Council meeting, concerns were expressed about the decision to eliminate 28 police agents and specific programs, including School Resource Officers, and Special Enforcement Intelligence Unit. He stated that civilian and sworn police members depend on the City Council to show the same kind of commitment that the Police Department shows to citizens every day. He further commented that he'd heard that City Manager Mike Rock had stated at recent employee meetings that the union has the ability or opportunity to be divisive. This is the last thing that anyone wants, Mr. Hoover said, we are all part of the city family and have all had to tighten our belts. We have dedicated our time, our careers, our lives to protecting citizens, their families and their children. We ask that you set priorities; be as committed to the employees as the employees are to the citizens and to you.
The following persons spoke in opposition to the budget ordinance: Karen Fearnow,
10525 W. Dartmouth Avenue; Patrick Vetrano, 891 S. Kline Way; Carlie Field,
7887 Everett Way; Barb Goodman, 7887 Everett Way; Laura McGee, 6084 W Adriatic
Place; Kailyn Liefer, 1009 S. Johnson Way; Mike Muller, 868 S. Owens Court;
Nancy Perington Hass, 2187 S. Field; and Newt Vaughn, 8663 W. Hawaii Drive.
Their comments included the following points:
• Save our kids, they are our greatest gift
• Kids feel safe because of School Resource Officers;
kids are less likely to bring drugs, weapons or alcohol to school with an officer
present
• School Resource Officers (SROs) are important to
our schools and their positions should not be eliminated through budget cuts
• SROs provide an invaluable service to kids; they
make a difference in kids' lives; they help to turn around lives, and serve
as mentors
• What price are we willing to pay to save money
- the price of one, three, ten children?
• The city tax has not been raised in many years
- could we not have foreseen these budget deficits? Please be proactive.
• Please keep Agent Dutch Smith at Lakewood High
School (petitions signed by 949 students and parents were presented to the City
Council); perhaps he can't be there all the time, but just part of the time
• Schools are very different today than they were
30 years ago
• Funding for public safety has to be the city's
highest priority in order to prevent such tragedies as occurred at Columbine
High School and in Breslyn, Russia
• The city has spent foolishly on new Civic Center
buildings, remodeling recreation centers, golf courses, buying huge chunks of
land and sweetheart deals with developers; this is the result of undisciplined
gross mismanagement of city funds by the City Manager
• Please keep Officer John Hunt at Bear Creek High
School; kids feel safe because of his presence on campus; he knows more than
the security officers and has known many of the kids for many years; he's had
a huge impact on their lives
• Public safety should be the last thing that gets
cut
• Don't raise taxes; use lotto funds originally designated
for prisons (after the prisons are all built), and use it for public safety
• Before we jeopardize public safety, we should get
rid of the Heritage Center, Cultural Center, arts, new city hall, and even parks
Johann Cohen, 1208 S. Brentwood Street, President, Lakewood Citizens for Open Space, complimented the City Council on putting out a good and understandable budget document, and questioned the need for certain positions in Community Resources, as well as certain building projects. He suggested a broader policy review of such projects.
The following persons spoke in support of the budget ordinance: Walt Heidenfelder, 13095 W. Ohio Avenue, Bob Zachman, 13182 W. Jewell Circle; Michael O'Beirne, P.O. Box 260313; and Kay Byler, 481 S. Otis Street. Their comments included the following points:
• If the city doesn't have the revenues needed to
provide all the services citizens want, then all departments have to share the
burden, including the Police Department
• Costs keep going up, yet everyone demands more
services; the city needs to increase it's sales tax rate
• SROs are very important to schools, but we need
to maintain a balance of all programs and budget cuts in the city; making cuts
to other programs for the sole purpose of reinstating the SRO program would
be a detriment to the city overall
• You have a difficult job trying to meet all the
needs and demands of the city
• Don't eliminate parks or parkland acquisition in
order to fund public safety
We need primary job growth
• All cities are struggling with financial issues;
the Internet is taking away many government tax resources
• We can't take the place of parenting; don't pass
the buck onto government
• There are creative ways to handle this, like performance
standards for our Police Department
• SROs are important, but kids need something to
do besides go to school; they need parks, recreation, arts programs like those
offered by the city
Councilman Murphy made a motion to adopt Ordinance O-2004-43 on second and final reading. Councilwoman Martin seconded the motion.
Councilwoman Wise said she is concerned over the lack of policy discussion that led to the rationale behind the decisions to cut the SRO program, as well as the city's participation with the Jefferson Economic Council. She said she came tonight prepared to support the budget ordinance despite those concerns, but she has been convinced by the comments presented that she cannot support the proposed budget. She commended those who spoke in support of the SRO program, saying that this community clearly values the safety of its children.
Councilman Stevens asked if the SROs had been fired or reassigned.
Police Chief Ron Burns told Council members that the School Resource Officers would be reassigned to the Patrol Division.
Councilman Ed Peterson stated that the budget decisions were very difficult ones and he was not comfortable with the process used that resulted in these cuts. He expressed appreciation for the comments made tonight and said he has done a lot of soul-searching about the issues. He agreed that public safety is the #1 priority of the city and said he will support the budget ordinance this year. However, if the process doesn't change next year, he will not support any additional cuts.
Councilwoman Martin also expressed appreciation for the comments made by citizens tonight. She stated that the Police Department is losing a lot of agents to retirement and the money that had been used to support the SRO program will now be used to fund a new recruit class. These were not easy decisions to make, she commented. She responded to those who expressed the need to increase the city's sales tax, saying that there have been three attempts to raise taxes and the voters have defeated all of them. As a result, we are faced with deep cuts. We live here, too, and are also hurt by these cuts.
Councilman Elliott expressed his deep appreciation for the Lakewood Police Department. He commented that the #1 question that Council members asked regarding the elimination of the SRO program, the Special Enforcement Team and the Neighborhood Action Team, is whether that decision has impacted the safety of our residents. He asked Chief Burns to respond.
Police Chief Ron Burns commented that he lives in Lakewood, too, and he feels safe. Surveys say that our citizens feel safe. Lakewood's crime rate is average when compared to other cities in our area. We are slightly above average for property crimes and below average for violent crimes. We're doing everything we can to keep citizens safe, and if it appears that we don't have the resources we need to do the job, I'll be back to talk with you.
Councilman Elliott stated that the City Council is monitoring crime rates; the Police Chief will keep us informed on a regular basis so that we can address issues as needed. He reiterated that these budget decisions have been very difficult.
Police Chief Ron Burns responded to a question from Mayor Burkholder about the history of SROs in Lakewood. The program was initiated with a grant in 1999 and was funded with grant monies for about 3 years, after which the city picked up the cost.
Councilman Murphy emphasized the Council's commitment to public safety, saying that the General Fund is the city's only discretionary funding; 42% of the General Fund is committed to the Police Department in 2005. The next highest department gets about 13%, then the next one below that gets 12%. This means that when we are faced with the need to make drastic cuts, the Police Department will be impacted, too. This is the first time in five years of budget cutting that sworn personnel have been impacted. Public Works and Community Resources all took huge cuts. He commented that he wished we could keep the SRO program, as well as the Selective Enforcement Team. He concluded by saying he will support the motion.
Councilwoman Kesselman said everyone on Council supports public safety as our highest priority, but we were elected to represent everyone when making these decisions. We have struggled very hard to make the required cuts and at the same time to balance community needs. It has been a very difficult process. She expressed appreciation for all the comments presented tonight and their support of the Police Department.
Councilwoman Herbst addressed her comments to parents and students, saying that she understands their concerns because she has kids in school, too. She said she has spent time with SROs and thinks they are very valuable, but she has decided to support the budget as proposed, a decision she has not made lightly. Public Safety is in the forefront of our minds; we'll be watching, and we take this seriously.
Councilman Stevens stated that the city has had to make $5,000,000 in cuts over the last five years. We've tried to lessen the impact on citizens, but we can't do it anymore. We can no longer provide the services we've enjoyed without increasing our income. It would cost a half million dollars to reinstate the SRO program. He commented that we have to stop kidding ourselves. We can't provide all the services people want without the money to fund them. It's up to citizens to say when enough is enough; it's up to you to tell us to continue the cuts or change this scenario. The 2005 budget has a margin of error of about $365,000, about ½ percent that separates us from breaking even or going into the red. The cost of the SRO program is over half a million dollars a year. We can't just add it back. He explained that the city has invested heavily in the Police Department in recent years. We can't cut everywhere else and keep in tact the one department that has the largest share of the budget. He said he recognizes the value of SROs in our schools, and he wishes we could keep the program. He said that even though this has been very difficult, he would vote in favor of the motion.
Councilwoman Koop expressed appreciation for the Police Department and all it does to keep our citizens safe. She said she wished we didn't have to make any cuts. The Police Chief says we're safe and I believe him, so I will support the motion. She commented that she hoped that the SRO program could be reinstated in the future.
Councilman Booher said he would not vote for the motion because he does not support these cuts. The Police Department is not just another department; public safety is our first priority. He reviewed the types of contacts SROs have with students. He commented that we need SROs in schools to deal with problems now, to be proactive, not reactive.
Mayor Burkholder stated that every council member here cares about kids. These have been tough decisions following five years of cuts, but we have to look at the city as a whole. This is the first year the Police Department has been impacted. He said he agrees with Councilman Peterson that our budget process has been good, and commented that he's pro-cop; public safety is our #1 priority and that won't change. We'll monitor safety issues. We're part of you, we live here, too. Please work with us. We have a problem and we can't do everything. We have to work together.
Councilman Peterson reiterated that he is not happy with the budget process and that in the future he hopes we can find a better way to ascertain impacts of proposed cuts prior to making final decisions.
Mayor Burkholder called for a vote on the motion to adopt O-2004-43.
Vote: 9 Ayes. 2 Nays (Wise, Booher). The motion carried.
Councilman Elliott made a motion to adopt Ordinance O-2004-44 on second and final reading. Councilwoman Martin seconded the motion.
Mayor Burkholder called for a vote on the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 13 - 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
Public comment: None
Councilman Elliott made a motion to adopt Ordinance O-2004-45 on second and final reading. Councilwoman Martin seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 14 - GENERAL BUSINESS
There was no general business.
ITEM 15 - REPORTS
Mayor Burkholder expressed thanks to the staff for all their hard work related to the budget. He urged citizens to vote in the upcoming election. Roger Noonan, City Attorney, reviewed the two charter amendments on Lakewood's ballot.
City Council members reported on their attendance at various meetings and events and announced upcoming events and meetings.
ITEM 16 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:24 p.m.
Submitted by,
Sharon Blackstock, Acting City Clerk
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