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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
Tom Booher
Bob Murphy
Carol Kesselman
Barbara Martin
Absent: Ray Elliott
Mike Stevens
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PROCLAMATION - WEEK OF THE YOUNG CHILD
Mayor Burkholder invited Sherry Peterson, Head Start Program Administrator, to join him at the podium. He stated that a recent program audit showed that Lakewood has an outstanding Head Start program. Councilwoman Koop read a proclamation declaring April 11-16, 2005, The Week of the Young Child. Ms. Peterson addressed the City Council briefly, expressing her thanks for their support. Children from the Early Childhood Program presented hand-painted tee shirts to the council members.
ITEM 5 - PROCLAMATION - NATIONAL CRIME VICTIMS' RIGHTS WEEK
Mayor Burkholder invited Jade Edwards Wilson, Victim Advocate, to join him at the podium. Councilwoman Kesselman read a proclamation declaring April 10-16, 2005, National Crime Victims' Rights Week.
ITEM 6 - RESOLUTION 2005-25 - APPOINTING A MEMBER TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS
Councilwoman Koop made a motion to adopt Resolution 2005-25. Councilwoman Kesselman seconded the motion. Mark Hunter was introduced as the new appointee.
Vote: All Ayes, No Nays. The motion carried.
ITEM 7 - RESOLUTION 2005-27 - APPOINTING AN ALTERNATE MEMBER TO THE LAKEWOOD BOARD OF APPEALS
Councilwoman Koop made a motion to adopt Resolution 2005-27. Councilwoman Kesselman seconded the motion. Matthew Girard was introduced as the new appointee.
Vote: All Ayes, No Nays. The motion carried.
ITEM 8 - PUBLIC COMMENT
Jackie Herbst - Regional Director, Huntington's Disease Society of America, introduced Jimmy, Mikala and Judy, persons affected in some way by Huntington's Disease. She invited everyone to attend a fundraiser, "Shoot for the Cure", on April 23rd, at the Gold Crown Field House in Lakewood.
Newt Vaughan, 8663 W. Hawaii Drive - Lakewood, referred to recent news stories about the city's budget problems, saying the city has given away the farm to bring in economic development projects such as Belmar and the new Wal-Mart store, neither of which will provide the revenue stream the city needs. He commented that Wal-Mart makes decisions to benefit Wal-Mart and not for the community. He said the City made a bad deal with the Belmar project, and now we're hearing that the city has a budget crisis. Maybe you should look at the income stream, he concluded.
Mark Sorency, 7997 Westview Drive - Lakewood, complimented the Lakewood Police Department as the best in the state. He stated that he is the owner of Flex Gym of Colorado on West Colfax, and an executive with IBM. He has lived in Lakewood for 25 years and this is the first council meeting he has ever attended. He commented that every business is tight right now; the city needs to get fitter, not fatter. He asked why the city builds recreation centers and other projects that compete with private business. Whitlock Recreation Center was built across the street from his business; membership fees for his gym are less than membership fees at Whitlock. He commented that the Mayor was present at the opening of Bally's, a national chain that competes with his business, yet no council member has ever helped him promote his gym. He also asked why the city has upgraded Colfax Avenue and then put all the money on Alameda. He commented that a city sales tax of 2% should cover only core services, not services that compete with his business.
Katie VanGuilder, 1587 S. Kline Court - Lakewood, stated that she and her husband moved to Lakewood last year from west Denver because they wanted a quiet neighborhood in a community where codes were enforced, close to parks and lakes. She said she has improved her home and is very concerned about the proposed budget cuts because she doesn't want her new community to deteriorate as happened in her old neighborhood. The proposed cuts are crucial for the type of community she wants to live in, she said. She expressed support for placing the sales tax question on the November ballot and encouraged council members to support the measure.
Mike Muller, 868 S. Owens Court - Lakewood, congratulated the city on the new Wal-Mart store and then referred to a recent "Speak Out" article in the Rocky Mountain News written by the Mayor. He said the $1,000,000/year the city will receive from the new store is $700,000 less than that received from the old store. He stated that the 2.5% PIF is a $3.1 million donation to the developer or to Wal-Mart. Of course Wal-Mart is happy to be in Lakewood, given this sweetheart deal, he said. He commented that the $18 million increase in revenue from an additional 1% sales tax is needed to pay for such sweetheart deals with Wal-Mart and Belmar. The City Council has been duped again, he said; small businesses around these projects will go out of business and citizens will end up subsidizing incompetent and gross mismanagement of their money.
Michael O'Beirne - P.O. Box 260313 - Lakewood, commented that PIFs and TIFs and certain private reserves are the same as tax increases. This train wreck has been heading toward us for five years and now the city is scaring folks by telling them the city will have to shut off streetlights. He referred to another community where budget cuts resulted in the death of a woman after police were told not to respond to certain domestic violence incidents. He said recreation centers and the Cultural Center are not necessary services. He posed several questions: Is Lakewood going to become the City and County of Jefferson? At what point do we lose our sovereignty per the Home Rule Charter - what is the required amount for our cash reserves? Who comprises the Lakewood Reinvestment Authority? He said he understands that preferential treatment is sometimes required to get certain developments going, but he'd like to know who's making the decisions.
Clayton Craig - 9278 West Wesley Drive, thanked the City Council for providing a wonderful park that will be used by Outdoor Laboratory Schools of Jefferson County for an event this weekend.
Mayor Burkholder stated that since there were no other persons wishing to make
public comment, he wished to respond to some of the comments:
· The Lakewood Reinvestment Authority was approved by the voters and
its members are the City Council members.
· Home Rule was approved in 1983.
· There are two organizations working to improve the West Colfax Corridor:
one is a group of merchants and homeowners associations - The West Colfax Community
Association; the other is The Citizens Advisory Group for West Colfax, and its
report should be coming out next summer.
· The list of budget cuts discussed at last week's council study session
was a menu of services that might be cut, totaling $16,000,000, but the council
made no decisions.
· Some of the figures quoted during public comment for the new Wal-Mart
aren't correct; this type of information is proprietary.
· In December of 2001, the Lakewood Sentinel questioned whether the national
economic downturn would impact proposed development of Colorado Mills, Belmar
and the Wal-Mart super store, but today, all three of those projects are a reality.
· In 2001, the city was informed by Wal-Mart that it had outgrown the
Lakewood facility and would be looking for a different location for a new super
store.
· The private sector had tried for over 10 years to redevelop the area
at Colfax and Wadsworth, but there were unique design problems that needed to
be addressed; infrastructure costs alone added up to $20,000,000.
· In 2001, the City Council authorized City Manager Mike Rock to negotiate
a deal with three components: $500,000 per year in annual revenue from Wal-Mart,
the re-use of the old Chrysler property on the south side of Colfax and Wadsworth,
and a new retail use for 440 Wadsworth.
· The City Manager was able to negotiate a deal for $1,000,000 plus 50%
of the revenues above estimated performance. Wal-Mart has already told us that
the new store is exceeding its estimates. This is not a cap, it is a base.
· In the near future an announcement will be made on the sale of the
former Chrysler property and the retail use of the old Wal-Mart site.
· Last July, when the 2005 revenue projections were prepared by the Council
Budget & Audit Committee, Wal-Mart had not decided when it would close its
440 Wadsworth location. We did not learn what the closing date would be until
early this year. Members of the Budget & Audit Committee were well aware
of this. The members of that committee were Ray Elliott, Tom Booher and Mike
Stevens.
· The Wal-Mart project is exactly on track per the guidance given by
the City Council to the City Manager. There's been a lot of confusion about
this issue recently; please look at the information provided on the city website.
Councilman Murphy also addressed issues raised by several of the public comments:
· The comparison of Villa Italia revenues in the mid-1990s to current
Colorado Mills revenue may be reasonably accurate in terms of dollars, but it
ignores market forces and what was happening at Villa. Businesses like Wards
and Penney's made corporate decisions to either go out of business or close
stores. Dillard's became a dump store and the mall's vacancy rate was at 40%.
We had a dying mall in the center of our city and we had to address this before
a cyclone fence sprang up around it.
· The Belmar project is a model development that has captured national
and international attention.
· There are several purposes for redeveloping properties - maintaining
a revenue stream is just one of them. Preventing the deterioration of property
and property values is even more important. Improved properties result in higher
property values and that in turn will also increase revenues.
· Anyone who attended the Wal-Mart grand opening would have to take issue
with Mr. Vaughan's assertion that Wal-Mart employees are unhappy. A very motivated
and excited group of employees greeted customers that day.
· Mr. Muller's Wal-Mart figures are quite wrong, but we cannot legally
disclose the correct figures.
· The city is required to maintain an emergency general fund balance
of 3% per TABOR, but our City Council policy is 10%; the City Charter does not
address this issue.
Councilman Murphy addressed Mr. Sorency, saying that although Flex Gym is not in his ward, Councilman Murphy's home and business are right across the street. He apologized for not coming over to say "Hello", and promised to correct that. He thanked Mr. Sorency for being in Lakewood for so many years. The menu of cuts discussed by the City Council last week is exactly what you suggested, Councilman Murphy commented, when you said we needed to stick to core services. We are looking at the possibility of closing the Clements Community Center, turning off street lights, reducing animal control to nothing but vicious dogs and so on. This list may not fit your view of core services, but the list we are considering consists of anything not required by federal law, state statute or by our City Charter and ordinances.
The following Consent Agenda items were read into the record by the Acting City Clerk:
ITEM 9 - RESOLUTION 2005-26 - CORRECTING THE TERMINATION DATE OF SERVICE OF ONE OF THE MEMBERS OF THE LAKEWOOD PLANNING COMMISSION
ITEM 10 - RESOLUTION 2005-28 - CORRECTING THE TERMINATION DATE OF SERVICE OF ONE OF THE MEMBERS OF THE LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE AUTHORITY
ITEM 11 - RESOLUTION 2005-29 - AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE AGRICULTURAL DITCH AND RESERVOIR COMPANY FOR THE USE OF A HANDICAPPED ACCESSIBLE FISHING DOCK AT MAIN RESERVOIR
ITEM 12 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
• Lakewood
Housing Authority Meeting February 28, 2005
• Lakewood
Victim Assistance Compensation Board Meeting February 15, 2005
Public Comment: None.
Councilwoman Kesselman made a motion to order all ordinances introduced on first reading to be published in the Denver Post with public hearing set for the date included in the ordinance; and for the adoption of resolutions, all of which were included in the Consent Agenda items introduced into the record by the Acting City Clerk. Councilwoman Koop seconded the motion.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
ITEM 13 - ORDINANCE O-2005-15 - AMENDING SECTION 2.20.050 F. OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO COMPENSATION OF THE MUNICIPAL JUDGES
Public Comment: None.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-15 on second and final reading. Councilwoman Koop seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 14 - ORDINANCE O-2005-16 - TO REZONE LAND LOCATED AT 945 SOUTH KIPLING PARKWAY, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment: None.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-16 on second and final reading based on findings of fact of the Planning Commission dated January 19, 2005. Councilwoman Koop seconded the motion.
Councilman Booher asked if the city has received any complaints about hours or noise or traffic related to the Green Mountain Bowling Center, and whether there any mitigating circumstances. Vince Harris, Planning Manager, stated that the business has been under restrictive conditions for many years regarding hours of operation that do not apply to any other bowling businesses in the city. The applicant, Brunswick Bowling and Billiards, was unaware of these conditions until he attended the Planning Commission meeting to request increasing the number of allowed arcade devices, Harris said. He is not aware of any complaints or problems related to nights when the business is open until 2:00 a.m. The Police Department has no objection to extending the hours as requested.
Harris commented that after Brunswick became aware of neighborhood concerns about later hours of operation, the company hired additional security to make sure that customers leaving late at night don't create problems.
Vote: All Ayes. No Nays. The motion carried.
ITEM 15 - ORDINANCE O-2005-17 - TO REZONE LAND LOCATED AT 1065 SOUTH EATON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
Public Comment:
James Tobias - 6497 W. 75th Drive - Arvada, stated that he is co-owner with his mother of the property at 1065 S. Eaton St. and that he was present at the Planning Commission meeting when this application was considered. He said the property was purchased by his grandparents in 1940 and has been owned by members of his family for 65 years. In 1980 the city rezoned the property from residential to office, but this area is primarily residential and has not become the commercial corridor that was anticipated. Tobias said he plans to renovate the house and live in it, but the current office zoning prevents him from doing so. The application before the council is to rezone the property back to residential.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-17 on second and final reading based on findings of fact of the Planning Commission dated February 16, 2005. Councilwoman Koop seconded the motion.
Councilwoman Kesselman asked if this rezoning would impact in any way the vision for this portion of the Mississippi corridor. Mr. Harris commented that some areas along this area of Mississippi have converted to small office uses, but there is a good mixture of residential and office uses and it works well. There are some commercially zoned properties further down the street.
Councilwoman Herbst stated that the proposed rezoning would fit well within the Mississippi Corridor Plan. Councilman Peterson agreed, and commended staff for balancing uses along the corridor.
Vote: All Ayes. No Nays. The motion carried.
ITEM 16 - ORDINANCE O-2005-18 - ADOPTING A NEW CHAPTER 5.54 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO NONGOVERNMENTAL RESIDENTIAL FACILITIES FOR THE TREATMENT OR SUPERVISION OF OUT-OF-STATE OFFENDERS
Public Comment: None.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-18 on second and final reading. Councilwoman Koop seconded the motion.
Councilman Booher stated that citizens have raised concerns in the past about group homes in the Green Mountain area. This proposal includes 15 pages of requirements and he thanked Councilwoman Herbst for her work on it. Councilwoman Herbst commented that there was no mechanism in place for dealing with out-of-state offenders who have been ordered to Jefferson County. This ordinance will have no impact on group homes in residential neighborhoods, she explained. It's called a residential treatment facility because offenders live on site, but the facilities are not located in neighborhoods. There is one such facility in Lakewood; oversight is provided by the Jefferson County Community Corrections Board. Herbst said that Jefferson County is drafting a similar law based on the work done by our City Attorney on this ordinance.
Vote: All Ayes. No Nays. The motion carried.
ITEM 17 - ORDINANCE O-2005-19 - VACATING A PORTION OF GLADIOLA STREET RIGHT-OF-WAY LYING BETWEEN WEST 7TH AVENUE AND WEST 8TH AVENUE IN THE CITY OF LAKEWOOD
Public Comment: None.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-19 on second and final reading. Councilwoman Koop seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 18 - ORDINANCE O-2005-20 - REPEALING ORDINANCE O-83-175 AND DESIGNATING THE DENVER POST NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR PURPOSES OF PUBLICATION OF ORDINANCES, PUBLIC HEARINGS, AND OTHER MATTERS
Public Comment: None.
Councilwoman Kesselman made a motion to adopt Ordinance O-2005-20 on second and final reading. Councilwoman Koop seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 21 - GENERAL BUSINESS
A. Councilwoman Kesselman made a motion to hold an Executive Session following this meeting to discuss personnel matters, per C.R.S. 24-6-402(4)(f) and Section 2.15(c)(8) of the Lakewood City Charter, and to determine positions relative to matters that may be subject to negotiations, per C.R.S. 24-6-402(4)(e) and Section 2.15(c)(2) of the Lakewood City Charter. Councilwoman Koop seconded the motion
Vote: All Ayes. No Nays. The motion carried.
B. Councilwoman Kesselman made a motion to hold a Special Meeting on April 18, 2005 at 6:00 p.m. for the purpose of holding an Executive Session to conduct the City Manager's annual review. Councilwoman Koop seconded the motion.
Vote: All Ayes. No Nays. The motion carried.
ITEM 22 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 23 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder
adjourned the meeting at 8:20 p.m.
Submitted by,
Sharon Blackstock, Acting City Clerk
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