Minutes 7/11/05 - Final
MINUTES
OF
REGULAR MEETING OF THE CITY COUNCIL
OF
CITY OF LAKEWOOD
6:00 P.M. July 11, 2005

ITEM 1 - CALL TO ORDER

Mayor Burkholder called the meeting to order at 6:00 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
Ray Elliott
Tom Booher
Bob Murphy
Carol Kesselman
Barbara Martin

Absent: 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 5 - PROCLAMATION - RECOGNIZING BLOCKBUSTER RACES AND THE HOSPICE OF SAINT JOHN

Mayor Burkholder presented a proclamation to representatives from the Hospice of St. John's for the caring role they play in the community. He also recognized the Blockbuster Races fund raiser activity which support the Hospice.

ITEM 6 - PROCLAMATION - RECREATION AND PARKS MONTH

Mayor Burkholder presented Kathy Hodgson, Director of Community Resources, with a Proclamation proclaiming the month of July 2005 as "Recreation and Parks Month" in the City of Lakewood.

ITEM 7 - LETTERS OF COMMENDATION - FIRE VICTIM FUNDRAISER

Mr. David Thorn, whose family's home was destroyed by fire, thanked four children in his neighborhood for opening a lemonade stand in the neighborhood to help raise money for them. Mayor Burkholder presented Letters of Commendation to Geoffrey Hughes, Alyson Koerner, Shea Berntson, and Jayme Ward.

ITEM 8 - PRESENTATION - ALL STATE INSURANCE - BEST DRIVERS

Chris Weatherman from Allstate Insurance, presented the City of Lakewood with a plaque awarding Lakewood with the honor of being the 13th safest place to drive in the United States.

ITEM 9 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS

Richard Bauer, President of the Lakewood Legacy Foundation, presented $1000 grant to the Lakewood Swim Club for their continued support of Lakewood's youth.

ITEM 4 - PUBLIC COMMENT

Elaine Downey - 455 S. Newland Street - Lakewood, Colorado
Ms. Downey spoke in favor of a sales tax increase and asked City Council to spend it wisely and on necessities.

Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, Colorado
Mr. Vaughan asked the public not to be deceived by budget excuses. He stated that there indeed has been an increase in sales tax revenues because the price on everyday items such as food and disposables has gone up over the last 34 years as well. He asked the public to not be held hostage by the threat of lack of city services.

W. David Hoover - 445 S. Allison Parkway - Lakewood, Colorado
Mr. Hoover, representative of the Lakewood Police Union, stated 28 agents have been eliminated from the Police Department. Others are doing more with less. There are no longer School Resource Officers in the schools. The Lakewood Police Department is one of the finest in the country and they are sworn to protect and serve. The agents are frustrated because they can't provide the services needed by the community. He asked City Council to support a sales tax increase and properly fund the priorities in the community.

Kathy Knobel - 7616 W. 9th Avenue - Lakewood, Colorado
Ms. Knobel stated that the City Manager lied, stole, and cheated. She stated the City Council cannot say no to the City Manager and therefore there is no accountability and a sales tax increase should not be given to the City. Ms. Knobel stated citizens come first.

Vicki Stack - 8890 W. 13th Avenue - Lakewood, Colorado
Ms. Stack stated that she would not support a tax increase because it was a regressive taxation. City Council opened the doors to PIFs, stormwater fees, PEG fees, franchise fees and other fees. She stated that some people cannot afford to attend the cultural facility or recreation centers. She stated the deal with Wal-mart hurt the less fortune of Lakewood. Any of their disposable income goes toward taxes. The less fortune are feeding the pet project and no one can be proud of that.

Jeri Coffey - 45 S. Cody Street - Lakewood, Colorado
Coffey stated that the urban renewal authority created special taxing districts and it's not enough that the developer is given 50% of a sales tax rebate, but now Council is asking for a 50% sale tax increase. The Police Department is more important than development. The city needs good financial manager. Support financial reform and helping the Police Department.

Ralph Bashor - 397 Harlan Street - Lakewood, Colorado
He stated that the City should be supporting the citizens, not the other way around. Need less government and less waste such as redoing the intersection three times at Kipling and Alameda because they couldn't get it right the first time. The City has driven out small business along Colfax due to lack of encouragement from City. Most cities have three K-marts. Lakewood's shut down and left. He stated if he had time he would start a recall campaign.

Dorothy Wisecarver - 8665 Meadowlark Drive - Lakewood, Colorado
Ms. Wisecarver stated that several figures have been thrown around regarding budget cuts; first $8 million, then $12.5 million. What are the citizens to believe? How can they support a one-cent sales tax increase. It is really a 50% increase. Voters were not asked when the City gave one-half to support Belmar and Wal-mart. The city calls 25 years of indebtedness temporary. Citizens did not approve the C.O.P.s which were used to lease/purchase swimming pools and recreation centers. The city received $40,000 in property tax in error which they now have to pay back because no one realized it was in error. The 2005 Budget included revenues from the old Wal-mart which the city knew was closing. The Mayor should know his responsibilities in regards to Mr. Rock's contract.

Mark Belkin - 14204 W. Evans Circle - Lakewood, Colorado
Mr. Belkins stated that the leaders of the community have been responsible. They've cut when necessary. They have survived without a tax increase in 34 years. That is incredible. The question is whether the citizens are willing to invest in Lakewood. The community will suffer without the one-cent increase. Property values will decline and businesses will leave. That will cost more than the one-cent increase in sale tax. He stated the sales tax increase is the rent citizens pay to live in a great city. He stated he appreciated the democratic process and the respectfulness of those in favor and against the issues. He asked citizens to show pride in their community by keeping the parks and roads safe by voting for a sales tax increase.

John Fox - 1133 S. Eaton Street - Lakewood, Colorado
Mr. Fox stated he recently took a trip along I-70 to St. Louis and saw signs along the highway where services such as gas, food, and lodging could be found and signs showing where no services were available in upcoming cities. He stated it is his fear that without an increase in revenues for the City, city staff would be cut, employee benefits would be cut, and services would be cut. Lakewood could be a city with a sign that stated no services. He stated he has listened to both sides of the argument and asked City Council to place the sales tax question on the ballot and do not deny the citizens the right to vote.

Ron Bassett - 10217 W. Arkansas Avenue - Lakewood, Colorado
Mr. Bassett stated he is still undecided as to whether to vote for a tax increase or not. He would like to see some cost containments in the city and the priorities need to be shown, and how the Mayor will oversee the Manager's expenses.

David Wiechman - 722 S. Beech Street - Lakewood, Colorado
Mr. Wiechman stated there were two ways to look at the budget situation - either raise taxes to increase revenues or control expenses to meet the income. Perhaps a 2.5% tax is best. Earmarking the designated funds with public safety as a priority is best.

Mike Muller - 868 S. Owens Court - Lakewood, Colorado
Mr. Muller stated that the city needs to get back the people's trust. The city should create an elected auditor or controller, an elected city attorney who works for the citizens, and remove the Police Department from under the City Manager. The city should protect property rights from condemnation for developers. No more PIFs, TIFs, giveaways. No more Wal-mart scandals, no more Belmar scandal. Prioritize want the citizens want.

Bill Smith - 1121 S. Johnson Way - Lakewood, Colorado
Mr. Smith stated Lakewood is a fine city. He wants to live in Lakewood as long as he can afford to. No one has shown that the city needs more money. There is no need to cut the Police Department. It should be the number one priority. He does not believe a sales tax increase is needed.

Don Ferraga - 13647 W. Montana Place - Lakewood, Colorado
Mr. Ferraga stated the definition of community from Webster. He stated he does not know any senior that uses Lakewood Rides. He doesn't share the passion for the arts as others. He does not use the recreation centers. He has seen a Lakewood Police Patrol car in his neighborhood once every 4-5 months. However, other people in the community do use these services. Only a fraction of the 400-500 services directly benefit him. Neighbors and community support all. Government must be effective at the local level. He appealed to City Council to give the community an opportunity to vote by placing the sale tax question on the ballot. The services are not just for one, but for all the community members.

Dick Wahul - 1810 S. Ingalls Court - Lakewood, Colorado
Mr. Wahul stated that he attended meetings with certain council members and they have said that deals with Wal-mart, Belmar and Mills have cost the city absolutely nothing. He stated the city is not getting the revenue back from the deals. Mr. Wahul stated that if the Mayor or City Manager doesn't give a darn about the money, either do the people who work for the city. It starts at the top and works it way down to the person sweeping the floors.

Susan Williams - 1620 Yukon Street - Lakewood, Colorado
Ms. Williams stated that the idea of any tax increase hinges on the tax increment financing. Since the big projects have already been developed here in Lakewood, she asked how many tax increment financing deals are under consideration right now, what they are, and if the city has committed to them in writing. She also asked if the city administration would declare a moratorium on all such deals subject to citizen approval after full disclosure. At that point a tax increase may happen, otherwise she doesn't think it'll happen.

Justin Blackburn - 6640 W. Jefferson Place - Lakewood, Colorado
Mr. Blackburn stated that he was addressing the citizens, not the Council since they have already made their opinions known about the tax increase. He expressed his support and gratitude for the Councilors who presented the facts. He stated that the city would not be in this position if it weren't for the majority of city councilors here. He stated he would not give money to people who have caused problems. You either stop making the mistakes or you get rid of the person who made the mistake. We've continued to fund people and a management that continues to make the same mistake and now we're asking for it again. If we fund the Council with this tax increase, who is to say they won't make the same mistake again. A permanent tax is being seeked for a temporary problem. The perception that the city will go downhill and service won't be here is wrong. If we control the city and change the management, this city will get everything it needs and more. I support the Police Department, but we have no guarantee that any of this is actually going to go to them. He stated he could not support an increase to the same people who put us here.

Michael O'Beirne - P.O. Box 260313 - Lakewood, Colorado
Mr. O'Beirne stated that he wasn't sure if the city needed a tax increase or not. He hasn't heard any compelling arguments, only different spins on the topic. He stated he personally opposes the tax increase because he believes that government arises from the consent of those governed and if there is a breach of trust or sense of lack of trust that needs to be repaired before going forward. He stated Lakewood was visionary in establishing the Colorado Fuel Cell Initiative in June of 2003. He asked why Lakewood did not take any action in pursuing the initiative. He stated he received aggressive adversarial calls from Carol Garton. Mr. O'Beirne stated Council should have an open business roundtable to bring businesses and technology into Lakewood.

Natalie Menten - 1755 S. Carr Street - Lakewood, Colorado
Ms. Menten stated she looked at the budget and thinks there is still some fluff in it. She does not want her tax dollars providing full time day care, nor public transportation when there is RTD, nor the arts programs. She stated she does not want to support activities that lose money in the hands of the government when a private business can run this same activity and make money. The city needs to cut $10 million, $2.8 is being spent on Head Start Programs, the disabled programs, the full time day care, before and after school programs, and Rise Above. There is $1.1 million in older adult transportation. A core program where they help each other or RTD can be used. She asked what the $72,000 in the EEO fund is for. Heritage and Culture Center uses $1.7 million and the recreation department which does not support itself and private business could run it, spending $3,674,000 on it. Ms. Menten stated that vegetation could be cut from the budget. She asked that Council not put the sale tax issue on the ballot.

Councilman Murphy invited the last speaker to sit down with him and go over some of the figures and show her that many of those numbers she read off include grants from the federal government, fees that people pay for those services, so they are indeed not true tax expenditure dollars by the citizens of the City of Lakewood.

Mayor Burkholder stated that the majority of the existing budget goes to streets, public works, and parks and recreation. He stated that the community was directly involved in the Belmar project, Colfax, and Alameda.

Councilman Elliott thanked everyone for the opinions given at the Ward 4 meeting last Saturday Night.

Councilwoman Martin stated that an education program regarding TIFs and PIFs is needed. They have both been beneficial to the City and good tools to use for development within the City.

Councilman Booher thanked everyone for the participation at the Ward 4 neighborhood meeting.

The following Consent Agenda items were read into the record by the City Clerk:

ITEM 10 - RESOLUTION 2005-42 - ADOPT THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) WHICH WILL PROVIDE A CONSISTENT NATIONWIDE APPROACH FOR FEDERAL, STATE AND LOCAL GOVERNMENTS TO WORK TOGETHER DURING AND AFTER A LARGE-SCALE EMERGENCY

ITEM 11 - RESOLUTION 2005-43 - APPROVING PARTICIPATION BY THE CITY OF LAKEWOOD IN A COORDINATED ELECTION TO BE CONDUCTED BY THE JEFFERSON COUNTY CLERK AND RECORDER ON NOVEMBER 1, 2005

ITEM 12 - RESOLUTION 2005-44 - APPOINTING DEIDRA GARCIA AND MARTIN MISCHEL TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT

ITEM 13 - RESOLUTION 2005-45 - APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND BANK OF AMERICA, TO PROVIDE MERCHANT BANKCARD SERVICES FOR THE CITY OF LAKEWOOD

ITEM 14 - ORDINANCE O-2005-23 - AUTHORIZING AN EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO GREEN MOUNTAIN WATER AND SANITATION DISTRICT ACROSS ADDENBROOKE PARK, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY

ITEM 15 - ORDINANCE O-2005-24 (AS CORRECTED 7/11/05) - AUTHORIZING AN EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO GREEN MOUNTAIN WATER AND SANITATION DISTRICT ACROSS WILLIAM F. HAYDEN GREEN MOUNTAIN PARK, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY

ITEM 16 - ORDINANCE O-2005-25 - TO VACATE THE 25 FOOT WIDE EASEMENT FOR EMERGENCY VEHICLES ACROSS TRACT A, COLLEGE WEST ESTATES LOCATED BETWEEN WEST 2ND AVENUE AND ZANG STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY

ITEM 17 - APPROVING MINUTES OF CITY COUNCIL MEETING

Regular City Council Meeting February 28, 2005
Regular City Council Meeting March 28, 2005
Regular City Council Meeting June 13, 2005

ITEM 18 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS

Lakewood Housing Authority Meeting May 23, 2005
Lakewood Head Start Meeting February 28, 2005
Lakewood Victim Assistance
Compensation Board Meeting May 17, 2005
Lakewood Victim Assistance
Compensation Board Meeting April 19, 2005

Public Comment: None.

Councilwoman Kesselman made a motion to approve the Council Minutes, Acceptance of the Minutes of the Boards and Commissions, order all ordinances introduced on first reading to be published in the Rocky Mountain News and public hearings set for the date included in the ordinance and for the adoption of resolutions, all of which are included in the Consent Agenda Items introduced into the record by the City Clerk. It was seconded by Councilwoman Koop.

Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.

ITEM 19 - GENERAL BUSINESS

None.

ITEM 20 - REPORTS

Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.

ITEM 21 - ADJOURNMENT

There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 7:36 p.m.

Submitted by,

Margy Greer, City Clerk