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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
Debbie Koop
Cheryl Wise
Ed Peterson
Ray Elliott
Tom Booher
Bob Murphy
Mike Stevens
Absent: Jackie Herbst
Carol Kesselman
Barbara Martin
Others in attendance: Joni Inman, Acting City Manager
Roger Noonan, City Attorney
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PROCLAMATION - NATIONAL ANTHEM PROJECT DAY/VOCAL PERFORMANCE
Donald Tallman, member of Lakewood's Heritage, Culture & Arts Commission, sang the National Anthem. Councilwoman Koop read a proclamation recognizing National Anthem Project Day. Mayor Burkholder introduced Mr. Tallman, who addressed the Council.
ITEM 5 - PROCLAMATION - CONSTITUTION DAY
Councilman Booher read a proclamation recognizing Constitution Day.
Acting City Clerk Sharon Blackstock announced some changes to the agenda: The Cancer Awareness Month proclamation was rescheduled to September 26, 2005, and a presentation regarding awards to the City of Lakewood from the Government Finance Officers Association was added to tonight's agenda under Item 6. Also added was a brief update following Item 8 regarding the City's response to the Hurricane Katrina disaster, and Lakewood's emergency preparedness program.
ITEM 6 - PROCLAMATION - GFOA AWARDS
Mayor Burkholder presented two awards from the Government Finance Officers Association to Larry Dorr, Finance Department Director, who received them on behalf of the City of Lakewood. One was a Certificate of Achievement for Excellence in Financial Reporting, and the other was the Distinguished Budget Presentation Award. Mr. Dorr briefly addressed the City Council, saying this is the 15th year in a row the city has received the financial reporting award from the GFOA. He recognized Richianne Sullivan, Joyce Neal and Jeanne Anderson from the Finance Department for their contributions. Mr. Dorr stated that this is the 5th consecutive year that the city has received the budget award, and recognized Cathy Barum, Budget Management Analyst, for her work on the budget, and expressed thanks to all budget coordinators and the City Council.
ITEM 7 - PRESENTATION - LETTERS OF COMMENDATION
Police Chief Ron Burns recognized three citizens for rendering significant assistance to the Lakewood Police Department during an incident on April 29, 2005. Letters of commendation were presented to Kristopher Seymour and Thomas Salas. A third letter of commendation will be forwarded to Brian Greenfield. Chief Burns and Mayor Burkholder expressed thanks on behalf of the City of Lakewood.
ITEM 8 - PRESENTATION - LAKEWOOD ON PARADE AWARDS
Mary Bender and Diana Allen announced winners of parade awards and presented trophies.
ADDED ITEM - UPDATE - HURRICANE KATRINA RESPONSE/LAKEWOOD'S EMERGENCY PREPAREDNESS PROGRAM
Acting City Manager Joni Inman stated she received several inquiries from council members following news of Hurricane Katrina disaster recovery problems. She assured the City Council that Lakewood's emergency preparedness plan is up-to-date. A study session is planned for the City Council in November or December. Tami Fischer, Director of Family & Housing Services, reported to council members the ways the department has been coordinating and providing assistance to hurricane evacuees who have relocated to this area.
ITEM 9 - PUBLIC HEARING - PROPOSED 2005 REVISED/2006 BUDGET AND THE MILL LEVY
Mayor Burkholder opened the public hearing on the proposed budget and mill levy. He invited Acting City Manager Joni Inman to explain the issue before the council. Ms. Inman stated that tonight marks the 20th meeting the council has had this year during which the budget has been discussed. She stated that because of the sales tax issue on the November 1st ballot, the city would not be able to adequately forecast revenues until after the election. She explained that two budgets have been prepared: one based on the city's current 2% sales tax, and one based on the proposed 3% sales tax. Ms. Inman asked Finance Director Larry Dorr to address the council regarding these two possibilities.
Mr. Dorr outlined the council's budget meetings, presentations, findings and open public forums related to development of the 2006 budget over the past year. Declining or flat revenue collections over the last several years and increasing expenses over which the city has little or no control have resulted in significant budget cuts during that period. In June, 2005, the City Council authorized $10,085,000 in budget cuts over the next two years, resulting in reduced services and sometimes elimination of programs related to street resurfacing, residential street cleaning, building inspections, traffic engineering, street signs & signal maintenance, animal control, information technology, municipal court, Lakewood Rides, parks, recreation programs, outdoor pools, road guardrail repairs, road reflective tape, street landscaping, public information/police, historic buildings, Looking at Lakewood, Cultural Center programs, indoor pool hours, senior & adult fitness programs, Clements Community Center, police/victims' advocates program, employee training, development and recruiting.
Mr. Dorr reviewed the 2006 amended budget based on approval of the sales and use tax ballot issue. All of the cuts just discussed would be reinstated, plus 14 police officers would be added in order to reinstate school resource officers and the special enforcement team. Other programs that could be reinstated include street maintenance, neighborhood planning, long-range planning, neighborhood improvement program, building maintenance and improvements, road construction grant-matching funds, park improvements, road median maintenance, and senior and disabled transportation services. One-time capital projects that would be funded include street maintenance, pedestrian sidewalks, intersection and pedestrian safety projects, and municipal court security modifications.
Mr. Dorr stated the City Council would hold the second public hearing and take action regarding adoption of the 2006 budget on September 26, 2005. If Issue 2A passes, the 2006 amended budget would be scheduled for first and second readings on November 28 and December 12, 2005.
Michael O'Beirne - P.O. Box 260313 - Lakewood, asked what it costs to hire school resource officers and where they would be deployed. He commended Westword for its review of the Kirkland art exhibit, saying it was a great attraction to the city. He asked the council to be creative and find ways to grow primary jobs in Lakewood.
Mike Muller, 868 S. Owens Court - Lakewood, stated the city is using this platform to promote a sales tax increase without allowing any opposing views, using scare tactics and extortion. He said he would be contacting the Secretary of State's Office regarding the legality of this and that he will want a copy of the Mr. Dorr's presentation, including audiotape.
Ms. Inman stated such a request may be made through the City Clerk's Office.
Natalie Menten - 1755 S. Carr St. - Lakewood, asked about police staffing and job titles.
As there were no others wishing to speak, Mayor Burkholder closed the public hearing and asked Police Chief Ron Burns to address some of the comments.
Chief Burns stated that under the amended 2006 budget the Police Department would be able to replace 7 officers and a sergeant in order to reinstate the School Resource Officer program. Five would be assigned to high schools and two would be assigned to middle schools. It costs an average of $70,000 per police agent, including salary and benefits. There are currently 194 agents. These are line-level police officers working patrol, investigations, traffic, etc. Remaining staff are supervisory, approximately 35 sergeants, 8 commanders and 3 division chiefs, he said.
ITEM 10 - PUBLIC COMMENT
Joan Smith - 1646 S. Holland Ct. - Lakewood, stated she is a life-long resident of Lakewood and a volunteer with the Lakewood Housing Authority. She expressed support for the sales tax increase proposal, saying the proposal, if approved by voters, would result in an additional one cent tax on every retail dollar spent in Lakewood, excluding food for home consumption. She criticized yard signs as being misleading that state passage of 2A would result in a 50% tax increase. She urged voters to approve 2A.
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, stated he is a candidate for City Council and is a contact person for those opposed to the sales tax ballot issue 2A. Mr. Vaughan said he had been asked to prepare a statement for Looking at Lakewood providing an opposing view for the sales tax proposal, but then was told the city attorney had advised against allowing him to prepare such a statement, as it would not be factual. The facts are, he commented, that Wal-Mart, Belmar and Colorado Mills are conveniently left out of the sales tax proposal, and there is no guarantee that any of the additional revenues received from a new sales tax would go to for police protection. In addition, the proposal exempts the new tax from TABOR. He said the actual budget shortfall is only $133,148. Why does the city need $1.4 million each month to make up for that? He concluded by saying the sales tax proposal has been promoted in the last two issues of Looking at Lakewood, and it would be appropriate now to include the other side. Mr. Vaughan distributed a copy of the article he prepared for that purpose.
Acting City Manager Joni Inman responded that the decision not to include pro and con statements about the sales tax proposal in Looking at Lakewood was based on the concern that city staff might find itself in the position of having to edit articles written by others in order to provide equal space to both sides. City Attorney Roger Noonan stated that Looking at Lakewood is a city publication and the city is responsible for everything that is printed therein. He noted that state statute allows the city to produce a factual statement on the ballot issue that does not contain conclusions or opinions, nor urge anyone to vote for or against the issue.
Mayor Burkholder responded to Mr. Vaughan's comment about how the new revenues would be spent, saying the council has made clear commitments regarding where the money would go and this has been outlined in the last issue of Looking at Lakewood. He noted that the budget shortfall of $133,000 is low because the city anticipated these budget problems 5 years ago and we've taken action to cut back on expenditures to meet declining revenues.
Diana Allen - 9066 W. Colorado Place - Lakewood, stated she is a candidate for city council from Ward 5. She thanked the council for having the courage to put 2A on the ballot and said she is willing to invest one more penny to keep up Lakewood's excellent police department, to take care of our 90+ beautiful parks, to keep our streets in great shape, to have opportunities to build the community, cultural and community events and programs for seniors and youth. In response to complaints that this is too big of a tax increase, she said Lakewood has the lowest municipal sales tax rate in the metro area and if 2A passes, Lakewood will still have the lowest municipal sales tax rate in the metro area. She urged a yes vote on 2A.
Bernie Goldman - 12983 W. Third St. - Lakewood, commented that there is a lot of partial information being disseminated about the sales tax issue that is quite misleading. He's heard others say the city's revenue increased last year, and he's responded by saying the population increased, too, which increased the need for services. Mr. Goldman said he's also heard this is not a quality-of-life issue, but rather a trust issue. He disagrees with such statements, because if the grass isn't cut in his neighborhood park, this adversely impacts his quality of life and the quality of life of every other resident in the City of Lakewood. If we have a snowstorm and the streets aren't plowed, that adversely impacts his quality of life. This has nothing to do with trust, he said. He would trust the city to fix the potholes if they had the money to do it. The city can't do it with good intentions, he commented. The Police Department can't keep providing services to residents with a decreasing number of officers. Mr. Goldman concluded by saying the cost of living is going up; no one is living on the same income they had five years ago.
Lora Green - Ward 2 - Lakewood, stated she is a candidate for city council and has a number of questions for the council. She asked if the new businesses being developed near Wal-Mart are a part of Creekside and therefore exempted from the proposed new sales tax? If not, why would they want to develop across from Wal-Mart when Wal-Mart is exempt? She said she has a hard time supporting a tax increase when City Manager Mike Rock's retirement account received $62,000 twice in June of last year, which brings it up to nearly a million dollars. "Who has approved this? I don't care to have my taxes go into a million-dollar retirement account," she stated. She also disagreed with spending $40,000+ on a blight study of West Colfax. If we are in that much of a crunch, why are we spending money on things that could have waited? Where is the management of the finances and who is accountable? She concluded by saying she has a problem with the city wanting citizens to pay taxes while exempting all the big guys, and accused the city of using scare tactics while lining somebody's' pockets.
Councilman Murphy responded, saying that Home Depot, Starbucks and Panda are not in the Creekside development and will not be exempted from the new sales tax. The blight study was authorized in order to improve the condition of Colfax Avenue with the goal of increased revenues and new development along the corridor.
Natalie Menten - 1755 S. Carr St. - Lakewood, addressed the council about general use tax in the City of Lakewood. She said the Municipal Code requires every person to pay use tax and this includes purchases off the Internet. She recommended the code be clarified so that general use tax applies only to businesses.
Mayor Burkholder responded, saying the city loses about $3 million a year in tax revenue because of purchases made on the Internet. There is an ongoing national effort to address this issue.
Mike Muller, 868 S. Owens Court - Lakewood, commented that Wal-Mart estimates sales for the year would be $120-125 million. Using these numbers, the city will lose $1.4 million because of the taxpayer subsidy. The difference between the old Wal-Mart and the new Wal-Mart is $1.4 million, he said. He predicted in November the old Wal-Mart would close and he can't figure out why revenues from the old Wal-Mart were included in the city's budget. He commented that Mr. Rock knew the old store would close and Mr. Muller wondered if this oversight was a way of producing a crisis in order to increase the sales tax. Juicing the books for the sales tax increase would be unethical at best and maybe even criminal, he said. If we added in the PIF, the total amount of welfare for this project would be $3.7 million, he commented, and said he fears Belmar would be even worse. Urban renewal in the City of Lakewood works against constitutional property rights, he continued, and invited council members to be a guest on his "Colorado Exposed" radio show. He concluded by saying the resolution the council passed regarding where new tax revenues will be spent provides no guarantee it will happen.
Jerry Burton - 10710 W. Exposition Drive - Lakewood, commented that those who want the sales tax issue to pass shouldn't shop at Wal-Mart, Belmar and Colorado Mills because they are exempted from the tax. He said he's heard police officers are called to Wal-Mart a lot, yet Wal-Mart is exempt.
Lori Allen - Ward 5 - Lakewood, said she works for a trucking company that has been greatly impacted by increasing fuel costs. Product prices have to go up to compensate for increased fuel costs and this increases total sales tax revenues, she said. When prices go up, the city's revenues go up, she said.
Kyle Grivette - 9559 W. Eureka Place - Ward 5 - Lakewood, asked about the phantom revenue booked for the now-closed Wal-Mart, and wondered who led the city to believe the store would remain open. Someone has to be accountable to the citizens of Lakewood, either the elected officials, city manager, or Wal-Mart officials, he said. If the phantom revenue had not been booked and the money not spent, would we have the current budget deficit? He commented he doesn't believe there's any guarantee that revenues from a sales tax increase would go for police services.
Councilman Murphy stated the ballot issue language and the resolution passed by the council clearly demonstrate the council's intent to apply new sales tax revenues to police services. The city has 14 departments, he commented, yet one out of every two employees works for the Police Department. One out of every two general fund dollars spent by the city is for public safety, police services and the courts. Public safety always has been and always will be our number one priority, he said.
In response to questions about Wal-Mart, Councilman Murphy stated that development of the Colfax/Wadsworth area is the culmination of a 3-year plan to stop deterioration of property values, trigger development of the Chrysler property across the street, which is now a proposed Home Depot, and re-use of the site at 440 Wadsworth, a plan that is now taking shape. He reiterated that economic development takes long-term vision and the ability to endure short-term criticism. We've done a terrific job of that, he concluded.
Councilman Stevens responded to the question about anticipating revenues from the old Wal-Mart store, saying that when the budget was developed in July of 2004, we believed the store would remain open for a significant portion of the year. The real estate division of Wal-Mart said it would stay open, but we heard rumors from the local manager that it would close. We didn't find out until the end of January 2005 when it would close and by then the budget had been adopted. If the store had remained open, the revenue would have helped, but not enough to solve the problem. As far as whether the funds will go to the Police Department in 2006, look at the proposed budget, he said.
Councilman Stevens also responded to the comments about fuel prices resulting in increased prices that result in increased tax revenues. He said Ms. Allen's comments fail to recognize that the city has to pay the same increased fuel costs as everybody else. He addressed Mr. Muller's comments about juicing the books and said those statements were absolutely ridiculous, as were his comments about urban renewal. The City of Lakewood has not used urban renewal to the extent suggested by Mr. Muller, nor will it ever.
Councilman Stevens addressed the issues raised by Mr. Vaughan:
- Exemption from the new sales tax for Wal-Mart, Belmar and Colorado Mills was
determined by ordinance and not included in the ballot language so that the
exemption could be modified later.
- These three sites already collect a PIF (public improvement fee). If the new
sales tax passes, the total tax collected by other businesses will still be
less than the combined tax/PIF collected at Wal-Mart, Belmar and Colorado Mills.
- Wal-Mart and Belmar developers spent millions on public improvements, not
the city, so part of the sales tax collections goes toward paying them back.
The City of Lakewood doesn't have millions of dollars to spend on public improvements.
- Lakewood provides services comparable to many other cities that currently
have a 3% sales tax, and in many cases, we provide more; 81% of cities in Colorado
have a sales tax on food, but we are not looking to raise the sales tax on food
with this proposal.
- Revenue for West Metro has been back-filled; West Metro will receive far more
revenue from projects like Belmar than what they would have received if Villa
Italia had closed.
- The city's annualized average compounded growth over the last five years has
been .3%. He questioned where Mr. Vaughan came up with his figures.
Lorna Fox - 1133 S. Eaton St. - Ward 3 - Lakewood, commented that the evening
is already late and this is the 20th meeting about the budget this year. She
expressed her thanks to the council for taking the time to listen to people.
She told council members she didn't know why anyone would want their job.
Michael O'Beirne - P.O. Box 260313 - Lakewood, expressed thanks to Councilman Elliott for their conversation last Saturday. He showed a sales receipt from Dick's Sports and said the way the tax is stated is very confusing. He referred to the Westword article he had mentioned earlier, saying that the author questions the city manager residency in Lakewood. Mr. O'Beirne wondered whether the city should spend money on school resource officers; he suggested contracting for these services.
Councilman Murphy stated that Mike Rock lives at Belmar.
Finance Director Larry Dorr stated the city is working with retailers on how to accurately present and disclose the PIF and sales tax on receipts.
Chuck Thurman - 12464 W. 2nd Drive - Lakewood, commented that it's great to live in a country where we can have this type of great open debate. Other countries think we're nuts. He said Americans are very generous during times of crisis, as we've seen following Hurricane Katrina. During normal times, however, we tend to forget there are people in need. He said this is why he supports the sales tax increase. He commended the Police Department for its kind and compassionate response to a recent death in his complex, and said he wants to see Lakewood Police SRO's reinstated, not rent-a-cops.
As there were no others wishing to speak, Mayor Burkholder closed the public hearing and called for a recess at 9:10 p.m. The Council reconvened at 9:20 p.m.
The following Consent Agenda items were read into the record by the Acting City Clerk:
ITEM 11 - RESOLUTION 2005-53 - AUTHORIZING THE ASSIGNMENT OF $4,738,160 OF THE CITY'S PRIVATE ACTIVITY BOND ALLOCATION FOR 2005 TO THE COLORADO HOUSING AND FINANCE AUTHORITY; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE
ITEM 12 - RESOLUTION 2005-54 - ACCEPTANCE OF BID AND AUTHORIZING A CONTRACT FOR CONSTRUCTION OF WADSWORTH AND 26TH AVENUE INTERSECTION IMPROVEMENTS
ITEM 13 - ORDINANCE O-2005-30 - ADOPTING A REVISED BUDGET FOR THE YEAR 2005 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, 2006, AND ENDING ON DECEMBER 31, 2006, 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 14 - ORDINANCE O-2005-31 - LEVYING TAXES FOR THE YEAR 2005, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006
ITEM 15 - ORDINANCE O-2005-32 - AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING ARTICLE TWO RELATING TO DEFINITIONS, ARTICLE SIX RELATING TO SPECIAL USE PERMITS, ARTICLE SEVENTEEN RELATING TO PROCEDURE FOR ZONING AND REZONING AND ADOPTING A NEW ARTICLE SEVEN RELATING TO PERFORMANCE-BASED REVIEW PROCESS
ITEM 16 - ORDINANCE O-2005-33 - TO VACATE TELLER STREET RIGHT-OF-WAY LOCATED BETWEEN WEST COLFAX AVENUE AND WEST 14TH AVENUE, LAKEWOOD, COLORADO
ITEM 17 - ORDINANCE O-2005-34 - TO REZONE LAND LOCATED AT 7200 WEST COLFAX AVENUE, CITY OF LAKEWOOD, COLORADO
ITEM 18 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
• Lakewood
Housing Authority Meeting June 27, 2005
• Lakewood
Senior Citizens Advisory Commission Meeting June 8, 2005
• Lakewood
Planning Commission Public Hearing Meeting April 20, 2005
• Lakewood
Planning Commission Public Hearing Meeting May 4, 2005
• Lakewood
Planning Commission Public Hearing Meeting August 3, 2005
Public Comment:
Newt Vaughan - 8663 W. Hawaii Drive - Lakewood, expressed concern regarding Ordinance O-2005-32, saying we need to protect our current zoning procedures.
Mayor Burkholder stated that no public comment could be received for ordinances on first reading as public hearing dates are stated within the ordinance language.
As there were no others wishing to speak, Mayor Burkholder closed public comment.
Councilwoman Koop made a motion to approve the council minutes, accept 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 Acting City Clerk. Councilman Murphy seconded the motion.
Councilman Murphy asked about Item 12: Will the intersection improvements at 26th & Wadsworth include a left-turn arrow from eastbound 26th to northbound Wadsworth? Public Works Director Dick Plastino said no, the traffic turning volumes do not meet state standards for a left arrow and since Wadsworth is a state highway, we can't add this to the signal. Several other council members asked Mr. Plastino to challenge that decision by CDOT. Mr. Plastino stated he would try and then described the improvements that are currently planned.
Councilman Murphy asked about left-over money from the private activity bond allocation per Item 11. Finance Director Larry Dorr explained there is no money attached to a private activity bond allocation cap. This resolution merely refers to the ability to issue a certain type of bond. In years past, the city has used the allocation to create low-income mortgage programs, to assist in financing the Carmel Oaks project and other projects. There is no cash involved. Bill Lunsford, Housing Development Manager, stated that a million dollars were previously allocated to CHAFA (Colorado Housing and Finance Authority).
Vote on the Consent Agenda: 8 Ayes. No Nays. The motion carried.
ITEM 19 - ORDINANCE O-2005-29 - AUTHORIZING THE VACATION OF AN OPEN SPACE EASEMENT, FOR PROPERTY LOCATED AT 1700 PIERCE STREET
Councilwoman Koop made a motion to adopt Ordinance O-2005-29 on second and final reading. Councilman Murphy seconded the motion.
Vote: 8 Ayes. No Nays. The motion carried.
ITEM 11 - GENERAL BUSINESS
There was no general business.
ITEM 12 - REPORTS
Mayor and City Council members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
City Attorney Roger Noonan reported that the Colorado Supreme Court ruled today on the Denver Publishing Company/Rocky Mountain News vs. Arapahoe County/Tracy Baker e-mail case. The decision found that most of the e-mails were not public records and therefore not available for release.
ITEM 13 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:48 p.m.
Submitted by,
Sharon Blackstock, Acting City Clerk
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