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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
Ray Elliott
Absent: Mike Stevens
Others in attendance: Joni Inman, Director of the Mayor & City Manager's
Office
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PROCLAMATION - MENTAL HEALTH MONTH
Councilwoman Koop read a proclamation recognizing May 2005 as Mental Health Month. Mayor Burkholder welcomed Ryan Dixon, Jefferson County Center for Mental Health, and invited him to address the City Council. Mr. Dixon thanked the Council for its support. Councilwoman Wise commented that everyone needs to recognize the seriousness of mental illness and its impact on families.
ITEM 5 - PROCLAMATION - OLDER AMERICANS MONTH
Councilwoman Kesselman read a proclamation recognizing May as Older Americans Month. Mayor Burkholder invited Roice Horning, Senior Citizen Advisory Council, to address the City Council. Mr. Horning thanked the Council for its support on behalf of the 35,000 older adults in Lakewood, and commented that they really appreciate the quality of life here.
ITEM 6 - PROCLAMATION - TONY SABATINI CITIZENSHIP AWARD
A short video was shown about the Tony Sabatini Citizenship Award. Councilwoman Koop read a proclamation recognizing Ray Baker, cofounder and president of the Gold Crown Foundation. Mayor Burkholder presented the Tony Sabatini Citizenship Award to Mr. Baker and expressed his thanks on behalf of the City of Lakewood. Mr. Baker spoke briefly to the City Council.
ITEM 7 - PRESENTATION - DRCOG AWARDS
Mayor Burkholder recognized Police Chief Ron Burns, who stated that the Lakewood Police Department recently earned a first place productivity award from the Denver Regional Council of Governments for two programs: Differential Police Response and Verified Alarm Response.
Mayor Burkholder recognized Becky Clark, Deputy Director of Community Planning and Development, and Director of the Lakewood Reinvestment Authority, who stated that the City, the LRA, and Continuum had recently received the Metro Vision award from DRCOG for the Belmar project.
ITEM 8 - PRESENTATION - YOUTH COMMISSION CHARTER MEMBERS
Councilwoman Herbst read a letter from Mayor Burkholder honoring four founding members of the Lakewood Youth Commission and congratulating them on their high school graduation. The four youth were Cassiope Sydoriak, Ben Oldani, Joanna Slyman, and Nicole Wong. The Mayor presented them with Lakewood street signs displaying each youth's name. In addition, the Denver West Kiwanis Club presented each youth with a $500 scholarship.
ITEM 9 - PRESENTATION - VISION 2020 - ALAMEDA GATEWAY ASSOCIATION
Mayor Burkholder stated that this presentation would be postponed to another meeting of the City Council.
ITEM 10 - PUBLIC COMMENT
Lora Green, 6000 W. 18th Ave., asked about crime statistics for her neighborhood, saying that she hears gunshots 2-4 nights per week. She commented that she is very upset about decisions the City Council has made about school resource officers, the possibility of turning off street lights, and providing a personal vehicle for the City Manager. She said she couldn't support a sales tax increase because she doesn't agree with these decisions.
David Hoover, 445 S. Allison Pkwy., stated that he is President of the Lakewood Police Union and wanted to comment on the proposed sales tax increase. He addressed citizens who don't trust the city and therefore don't want to pay more tax and asked that they not throw out the baby with the bathwater. He said city employees have a responsibility to let elected officials and citizens know that they care about their city and to spend tax dollars wisely. That is how trust is earned. He commented to Councilman Elliott that a "freeze" of all expenditures is a gamble because it depends on revenues increasing due to an increase in overall sales. Citizens need to know that their Police Department is well-funded and needed services will be maintained, Mr. Hoover said. He expressed support for a sales tax increase.
Newt Vaughan, 8663 W. Hawaii Dr., said he does not support a 50% sales tax increase. He commented that he's studied tax increment financing and urban renewal practices, and the result has been that the city has given up property tax revenues on the Belmar site. Urban renewal has impacted revenues for schools and cities statewide. Belmar was built on the backs of taxpayers and urban renewal has resulted in demonizing small businesses, he concluded.
Councilwoman Wise commented that the council needs to respond to Lora Green and Newt Vaughan. She asked for crime statistics both before and after urban renewal projects for the area around Belmar and Wal-mart.
Ron Bassett, 10217 W. Arkansas Ave., stated that he was initially supportive of the proposed sales tax increase, but he is concerned that there has been the appearance of impropriety on the part of the person running the city. He asked the City Council to get to the bottom of this and reveal its findings to citizens.
Joann Giusto, 781 S. Jellison Ct., said she has lived in Lakewood for 12 years and is very concerned about the Mike Rock situation. She said she is disappointed in the way he has used her tax dollars and that he appears to be accountable to no one. The proposal to replace the city-owned vehicle with a $9,000/year vehicle allowance is outrageous, she said, and added that if he's such a great manager, why is the city in such a huge financial hole? He is the first one who should set an example of fiscal responsibility, even though his contract allows otherwise. If taxpayers are expected to make sacrifices, so should city employees, she concluded.
Dave Wolf, 18 Balsam, asked how the city can violate one of it's own ordinances regarding meetings of the City Council. He said the meeting that was cancelled a couple of weeks ago should have been held since the ordinance requires meetings on the second and fourth Mondays.
Jerry Burton, 10710 W. Exposition Dr., commented on issues surrounding the City Manager and the proposed sales tax increase. If he's such a great manager, where's the money, he said. Quit blaming us citizens for the City Manager's and City Council's mistakes. Big and small businesses alike are cutting benefits to save costs and so should the city. He asked how many Wal-marts, Sam's Clubs and Home Depots does one city need? If you have to break the City Manager's contract, do it and let him take the city to court and wait 25 years for his money, he concluded.
Justin Blackburn, 6640 W. Jefferson Pl., said he is concerned about the city's financial situation and especially about cuts in law enforcement. He commented that he is normally supportive of taking care of police and city personnel, but he is opposed to a tax increase because the council needs to be motivated to make decisions that benefit citizens. He said he understands this will hurt law enforcement and others in the short run, but we need to do this to motivate our leaders to make better decisions in the future.
Mike Muller, 868 S. Owens Ct., referred to an earlier comment about not throwing the baby out with the bathwater and said that in this case the bathwater is very murky and we can't see the baby anymore. This City Council is incapable of making decisions about things like the City Manager's contract, reasonable deals with developers and common sense land use issues. A 50% sales tax increase will not improve the trust between citizens and their city, he said.
Walt Heidenfelder, 13095 W. Ohio Dr., commented that the situation the city is in is similar to that of a patient with flesh-eating bacteria attacking his leg who becomes obsessed with an ingrown toenail. He said Mike Rock has done a wonderful job by all kinds of measures. A comparison of compensation for neighboring city managers and for businesses with the same number of employees and a customer base of 140,000 would show that Lakewood's city manager is underpaid. We need to focus on saving the leg, that is the city. To do that requires an infusion of fresh blood, or revenue, and that means a sales tax increase, he said. Focusing on snipping the toenail, or taking away the City Manager's car and benefits won't fix the problem, he concluded.
John Fox, 1133 S. Eaton St., said he is concerned about the proposed sales tax increase and the issues related to the City Manager, but there is a bigger issue that concerns him. He challenged the press and, in particular, Charley Able and the Rocky Mountain News to be more balanced and more honest in their reporting by addressing the problems of the city and finding out how these problems can be solved.
Mayor Burkholder closed the public comment portion of the meeting and asked City Attorney Roger Noonan to respond to the question about whether canceling a City Council meeting was in violation of city ordinances. Mr. Noonan stated that the ordinance provides for two regular meetings of the City Council each month, but it is not illegal to have less than that as long as the city complies with the City Charter, which requires one regular meeting each month. The City Council complied with that this month by holding tonight's meeting so there has been no violation, he said.
Mayor Burkholder said there will be follow up study sessions to continue budget discussions, but assured citizens that some proposals for cuts have already been rejected, including turning off street lights. He commented that Belmar's future looks great; if nothing had been done, Villa would be closed and there would be no revenue coming from that site. Employee retirement benefits are still being discussed, he added, and the council is committed to an open process as alternatives are considered.
Councilman Murphy responded to Newt Vaughan's comments about tax increment financing as it relates to the Belmar and Wal-mart projects, saying that Mr. Vaughan's comments indicate a philosophical schism in the community: is there new money coming in or is money leaking out? The belief that school districts are losing money assumes that development would occur without tax increment financing, Councilman Murphy said; but this is not true. Economic development takes long-term vision and the ability to endure short-term criticism. He concluded by saying that he stands behind the decisions the City Council has made. Those decisions have resulted in increased property values for our businesses and homeowners.
The following Consent Agenda items were read into the record by the Acting City Clerk:
ITEM 11 - RESOLUTION 2005-35 - APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WHEAT RIDGE FOR THE OVERLAY OF WEST 32ND AVENUE, FROM SIMMS STREET TO MORNINGSIDE DRIVE
ITEM 12 - RESOLUTION 2005-36 - APPOINTING MEMBERS TO THE METRO WASTEWATER RECLAMATION DISTRICT BOARD OF DIRECTORS
ITEM 13 - RESOLUTION 2005-37 - AUTHORIZING AN AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT DATED AUGUST 30, 2000
ITEM 14 - RESOLUTION 2005-38 - ENDORSING THE CANDIDACY OF LAKEWOOD MAYOR STEVE BURKHOLDER FOR RE-ELECTION TO THE COLORADO MUNICIPAL LEAGUE (CML) EXECUTIVE BOARD IN THE LARGE POPULATION CATEGORY, BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD, COLORADO
ITEM 15 - ORDINANCE O-2005-21 - REPEALING ORDINANCE O-2005-20 AND DESIGNATING THE ROCKY MOUNTAIN NEWS AS THE OFFICIAL NEWSPAPER FOR PURPOSES OF PUBLICATION OF ORDINANCES, PUBLIC HEARINGS, AND OTHER MATTERS; FURTHER DECLARING AN EMERGENCY
ITEM 16 - ORDINANCE O- 2005-22 - TO REZONE LAND LOCATED AT 7205 WEST QUINCY AVENUE, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO
ITEM 17 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
• Regular
City Council Meeting April 11, 2005
• Special
City Council Meeting April 18, 2005
ITEM 18 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
• Lakewood
Liquor & Fermented Malt Beverage Licensing Authority November 10, 2004
• Lakewood
Liquor & Fermented Malt Beverage Licensing Authority February 10, 2005
Mayor Burkholder removed Resolution 2005-37 (Item 13) from the Consent Agenda, to be acted on separately under General Business. He stated that Ordinance O-2005-22 (Item 16) merely sets the public hearing date for the proposed rezoning for the Sam's Club project, and the City Council could not hear public testimony regarding that proposal at tonight's meeting.
Public Comment:
Barbara Peterson, 6842 W. Eldorado Place, began to address the Council about the Sam's Club proposal and rezoning issue. City Attorney Roger Noonan advised City Council members that they could not take testimony on this matter on first reading. The only appropriate discussion at this time would be if council members had questions of clarification for staff. Ms. Peterson said she would be back on June 13th.
There were no other speakers wishing to comment on the remaining items on the consent agenda. Public comment was closed.
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, except Resolution 2005-37, 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 19 - GENERAL BUSINESS
Item 13 was read into the record by the Acting City Clerk:
RESOLUTION 2005-37 - AUTHORIZING AN AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT DATED AUGUST 30, 2000
Mayor Burkholder stated that the City Council has met twice in executive session regarding the City Manager's contract. The council agrees and has affirmed Mike Rock's leadership and believes he has done a good job, that he has helped the city reinvent itself and brought in $7.5 million in new sales tax revenues. Mayor Burkholder said the strategy for many years has been to increase the base from which sales tax revenues flow, but in coming years that won't be enough. The City Council is disappointed with some of the City Manager's actions based on his contract, he continued, which have resulted in negative and unanticipated consequences.
Mayor Burkholder commented that the resolution being considered would amend the City Manager's contract. He will no longer have a personal vehicle provided by the city, but will receive a vehicle allowance. In addition, the City Manager will repay the city $8,846 for the cost of claims paid out as a result of his wife's accident. Mayor Burkholder said the City Manager has already repaid the city $458 for the replacement speakers installed in his truck. In addition, all of the City Manager's credit card charges will be reviewed by the Mayor and by the Council Budget and Audit Committee. The council has also directed that there be an independent audit of financial controls within the city, he said.
Dorothy Wisecarver, 8655 Meadowlark Dr., commented that City Manager Mike Rock has been consistently milking Lakewood taxpayers, living high on the hog while the city newsletter has been reporting that city services will be cut and city employees will lose their jobs without a sales tax increase. What respect can city employees have for their City Manager and what respect can citizens have for their City Council, which allows this to happen? She expressed thanks to Charley Able of the Rocky Mountain News for his reporting and wondered when the City Council would have learned about these things if he hadn't investigated them. She criticized the Mayor for not approving the City Manager's expenses as required by his contract, and for allowing the City Manager's subordinate to approve them. She concluded by saying that citizens should not approve a sales tax increase until we have a council and manager we can trust.
Dave Wolf, 18 Balsam St., commented that it is the height of arrogance and elitism for a city official to receive a high salary and then expect taxpayers to finance his personal transportation. Despite what is allowed by his contract, the City Manager should do the right thing. Mr. Wolf questioned whether the City Manager really needs $750/month to conduct city business. Why not allow use of a city vehicle only when on city business like other employees have to do, he asked, and concluded that the mayor should be approving travel and expenditures in advance, not afterwards.
Jerry Burton, 10710 W. Exposition Dr., asked about rumors he's heard about an employee flying to Minnesota or Montana to pick up a vehicle for the City Manager, and asked why the City Manager's personal vehicles are all registered in other counties when he's required to be a resident of Lakewood.
Don Ferega, 13647 W. Montana Pl., stated that this issue has resulted in a deficit of trust between the city and its citizens. He commended the City Council for it's recent actions and decisions and said he hopes that changing the City Manager's contract will put this matter to rest. He said he would hold Mike Rock to his word to do what is best for the citizens of Lakewood, including accepting further amendments to his contract if needed.
Walt Heidenfelder, 13095 W. Ohio, referred back to his story of the man with an infected leg and ingrown toenail and commented that sometimes people can't face reality so they focus on matters that are unimportant. People are responding to spurious accusations about expenditures, but the fact is, Mike Rock's accomplishments have been very impressive, he said. Services and costs have increased in every area of life, so even if Mr. Rock left, it wouldn't significantly impact the deficit the city is facing. We need to increase our revenues, he concluded.
Mike Muller, 868 S. Owens Ct., stated that he told the City Council years ago that the city needs an auditor or a controller. None of this would have happened if we'd had one, he said. In order to regain citizens' trust, we need to audit the expenses of Mr. Rock, the Mayor, department heads and council members. We need a controller in this city, he reiterated.
Joann Giusto, 781 S. Jellison Ct., said her comments are not directed solely at Mike Rock, but that his expenditures are indicative of how the Mayor and City Council are spending tax dollars. Taking away Mr. Rock's vehicle and giving him a $9,000 per year car allowance is outrageous. She said she hopes her local government leaders can hear this message and do what's best for her and all other taxpayers. Mike Rock's actions have not shown that he cares about Lakewood's citizens; someone should stand up to him and tell him this is wrong, she concluded.
Justin Blackburn, 6640 W. Jefferson Pl., said he has an answer to the analogy of the man with an infected leg and an ingrown toenail - cut them both off. Adding a non-taxable $9,000 increase to the City Manager's compensation package means he makes more than the Governor of Colorado, and Lakewood is not even a full service city, he commented.
Councilwoman Wise stated that a car allowance is taxable.
Ron Bassett, 10217 W. Arkansas Ave., commented that good leadership and setting a good example are critical to regaining the trust that has been lost. He said the City Council should ask the City Manager to resign. I can't vote for a tax increase if I don't trust the leadership, he concluded.
Newt Vaughan, 8663 W. Hawaii Dr., said he doesn't think Mike Rock has done a very good job, given that the city is nearly bankrupt. The personal vehicle he's been provided should have been declared as a benefit for tax purposes. He goes all over the country but hasn't sold anybody on building a development here. Rather, he's bought projects with taxpayers' money since 1992. Those who've been on council since then have let it happen, he commented, except for council members newly elected in the last four years. He concluded by saying that multiple year contracts for employment should be limited to two years.
Mayor Burkholder closed public comment and stated that the resolution being considered would change Mike Rock's contract so that he would receive a monthly auto allowance, resulting in a significant savings to the city. Mr. Rock has agreed to repay the city for the costs resulting from the accident and for the speakers. Mayor Burkholder said he will be reviewing the City Manager's expenses from now on and that independent audits will be done regarding the city's financial controls to address many of the issues raised tonight.
Councilwoman Kesselman made a motion to adopt Resolution 2005-37, as amended May 23, 2005. Councilwoman Koop seconded the motion.
Councilwoman Martin moved to continue this matter to another day to allow the City Council to discuss it further in executive session. Extensive discussion followed about an appropriate date and time for such a meeting. Councilwoman Martin restated her motion to call a special meeting of the City Council on May 31, 2005, at 5:45 p.m. for the purpose of calling an executive session to discuss a personnel matter pertaining to the City Manager, and to reconsider Resolution 2005-37 after the executive session. Councilman Booher seconded the motion. Some council members stated they were ready to vote on the resolution now. Other council members said they would like to discuss the matter further, given the public comment received tonight and because Mr. Rock needs to be present if any changes to his contract are to be considered.
Vote: All Ayes. No Nays. The motion carried.
Mayor Burkholder explained that the City Council would hold a special meeting at 5:45 p.m. on May 31, 2005, vote on holding an executive session, recess the special meeting and go into the already scheduled study session at 6:00 p.m., followed by an executive session, followed by reconvening the special meeting to act on the resolution.
ITEM 20 - REPORTS
Mayor and City Council members reported on their attendance at previous events and announced upcoming neighborhood meetings. Councilwoman Herbst referred to a memo from the Police Chief received tonight, said there were some inaccuracies in it and she will respond with a clarifying memo.
ITEM 21 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:18 p.m.
Submitted by,
Sharon Blackstock, Acting City Clerk
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