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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.
ITEM 2 - ROLL CALL
Those present were: Mayor Steve Burkholder, Presiding
Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens
Absent: None
Others in attendance: Mike Rock, City Manager
Roger Noonan, City Attorney
Full and timely notice of this City Council meeting had been given and a quorum was present.
ITEM 3 - PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ITEM 4 - PUBLIC HEARING / RESOLUTION 2006-46 - APPROVING THE AMENDED AND RESTATED SERVICE PLAN FOR FOSSIL RIDGE METROPOLITAN DISTRICT NO. 1, FOSSIL RIDGE METROPOLITAN DISTRICT NO. 2, FOSSIL RIDGE METROPOLITAN DISTRICT NO. 3
Dick Plastino - Director of Public Works - Stated the City Council approved a conditional service plan for the Fossil Ridge Metropolitan District. Stated this is the time the District has come back to Council with an amended and restated service plan for Council's consideration. Reviewed the history of the former Metropolitan District that was on this land in the Rooney Valley. Stated that in 2005 CARMA came to the City and expressed interest in Springfield Green and developing it. Stated what is being proposed tonight is a Metropolitan District called the Fossil Ridge District that is the mechanism to build the local and regional improvements.
Stated the onsite and regional improvements for Springfield Green are 37.8 million dollars to build all the streets within Springfield Green and to build all the offsite improvements. Stated Springfield Green is proposing that CARMA lend the money to the Fossil Ridge District to build most of these improvements. As homebuilding occurs, the Fossil Ridge District can levy a mill levy and issue general obligation bonds over the years and pay back CARMA for the initial loan plus interest. Stated they will pay off the bonds with three sources of income; property taxes, lot fees and ownership taxes. Stated that of the regional improvements the Fossil Ridge District will pay about $9.6 million of the regional improvements which is included in the $37.8 million figure.
Stated that the District may issue a different kind of bond called a Revenue Bond which is payable from other sources. The service plan says the District can issue up to 21 million dollars to pay for those regional improvements. The pay back sources from that are a possible regional district that would cover more of Rooney Valley or payments directly from property owners who are adjacent to Springfield Green but need the regional improvements. Stated that the developers taking the risk on the revenue bond as to when and how much they will be paid back and to the extent they are funding for regional improvements.
Stated in the plan it calls for an initial 30-mill levy to pay off these general obligation bonds. That would increase to 40 mills when the Mt. Carbon debt is paid off which is anticipated to be in 2031. The service plan states the total of the mill levy cannot exceed 50 mills within the Fossil Ridge Metropolitan District.
Stated this is a pretty complex plan by the district. The City has put in several oversight provisions in the service plan. The service plan is what directs the district and how they will operate over the next several decades. Stated some of the items that are in the oversight by the City are the review and approval of the agreements between and among the Fossil Ridge Districts. The City will also review and approve the developer loan agreement between the Fossil Ridge Districts and the developer. The plan provides for a limit of 6% on the loan from the developer to the Fossil Ridge Districts, the City would have to approve any increase in the general obligation bond that is beyond the $60 million that is called for in the plan.
Stated that a 2005 resolution that Council approved last year provided for the Fossil Ridge District to be signatory to this agreement between the City and the owners, saying what they are going to build. They have been eliminated from being signatory and the resolution tonight takes that provision away and that was done so the owners could be a single party responsible for constructing the improvements. Stated that the Fossil Ridge District is a tool to get the improvements built, but they will not be on the agreement, the owners need to be singly and solely responsible for the improvements.
Stated that in Council's informational memo there are two dates for Mt. Carbon being paid off, in one place it says 2020 and in another place it says 2031; the correct date is 2031.
Stated the amended and restated service plan being presented is believed to be a feasible method of constructing the on-site and regional improvements that are needed in the Rooney Valley.
Stated it is a staff recommendation that the City Council approve this amended and restated service plan for Fossil Ridge Metropolitan Districts I, II, and III.
Kristin Bear - White, Bear & Ankele 1801 Chase Center
Stated that the original service plan was approved in August of 2005, the plan
assumed there were going to be four districts in this area. Stated they are
here with an amended and restated service plan for three of the four districts.
Stated district number four is not being presented because it is for a commercial
property. Stated that Title 32 is the statutory provision that governs Metropolitan
Districts in the State of Colorado. It gives very broad authorization and the
service plan is intended to give comparable authorization to Metropolitan Districts
or restrict them farther. Stated they are presenting a service plan that limits
and restricts these districts over what Title 32 contemplates. Ms. Bear presented
slides to show the area being discussed. Stated they are anticipating total
on site public improvements of approximately $26 million. Stated there is a
potential reimbursement. They expect they will be getting reimbursements from
those adjacent developments, the total local improvements that are going to
be the responsibility of these districts total about 26 million dollars. Stated
the regional improvements total about $29 million, potential reimbursement anticipated
from adjacent developments is about $19 million, leaving about $9.6 million
to be funded and financed through the Fossil Ridge Metropolitan Districts.
Stated there is about $35 million that is going to be financed through the issuance of general obligation debt through District numbers II and III. Stated the general obligation debt is a debt that is going to be supported from property tax revenues that are imposed upon on all property owners within the boundaries of this development. Stated it is important to note that the property tax is limited as part of this service plan to 50 mills. Stated they suggest that the 50-mill level and the funding that is going to occur through this District is a marketing issue.
Stated they have proposed a service plan that will allow them to do what they need to do, stated they believe it is a conservative financing plan. Stated they have implemented a structure that will allow them to move forward in the event their projections are conservative. Stated that the only mechanism under which they can amend that mill levy limitation to the service plan is through a full-blown service plan amendment process that would require a public hearing. Stated that a court order has been obtained for exclusion of all the property within this development from the Mt. Carbon Metropolitan District.
Public Hearing:
Rita Bertolli - 13484 W. Oregon
Questioned whether this is going to be approved conditionally to the swap.
Public Comment was closed.
Councilman Peterson made a motion to adopt Resolution 2006-46. It was seconded by Councilwoman Wise.
Councilman Anderson - Asked City Attorney Roger Noonan if there is any effect in voting tonight that is going to remove the right of that petition to go forward.
City Attorney Roger Noonan - Stated the answer to Mr. Anderson's question is no. The action taken tonight will not affect that process one way or another. Stated that regarding the land swap, part of the property is City owned property, even though it is in the District. It is not subject to new taxes.
Councilman Anderson - Stated there was a comment about funds from Jefferson County. Asked for clarification on what they are expecting from Lakewood.
Kristin Bear Counsel to developer
Stated what was mentioned was in connection with the revenue sources that maybe
applicable to the regional improvements in repayment to CARMA. Stated they are
not certain what the structure of that will be. The important thing to note
is that the source of revenue associated with repayment to CARMA will not become
a property owner responsibility. Stated those funds will come from adjacent
developments, grants and other governmental entities. Stated nothing has been
set in stone, that is just a possible source of revenue.
City Manager Mike Rock - Stated a couple of examples. If regional drainage improvements were asked of CARMA, we would not be there to serve their property but would be there for adjacent property owners. Another situation would be where development occurred on an adjacent property and the City requires the property owner to pay into a fund established by the City for regional improvements. That money could pass through the City. Stated the idea that the language of the agreement is simply to recognize that there are a variety of mechanisms to pay for any improvements that we require of CARMA that are not there to serve their property but that are there to serve a larger public interest. Stated that the Colorado Department of Revenue and Jefferson County are potential sources of revenue.
Councilman Anderson - Asked if somebody could speak toward line 35 on the cash flow forecast budgetary basis. Stated there are two items for two million dollars in years 2009 and 2013 that look odd. Asked what are these other financing sources for $4 million.
Stan Bernstein - Bernstein & Associates - 8400 E Prentice Ave Greenwood
Village
Stated those other sources are accumulated impact fees that this District will
assess on single family and multi-family completed units. Stated that this plan
assumes not only that property taxes will be used to repay a developer loan
but also approximately $4.9 million worth of impact fees.
Councilman Anderson - Asked if this is the $900-$1200 fees seen in the report.
Stan Bernstein
No. Stated that in rows six, seven and eight, a single family would be a $4,000
impact fee and the town home would be $3,000, an apartment would be $1,500.
Councilman Anderson - Asked if CARMA could please continue to work with the City. Stated there are a number of concerns in that neighborhood that Iliff is going to become extremely busy during construction. Stated that in phase one they are looking at public improvements that are going to direct traffic off of West Iliff and Indiana. Stated by the time you get two thirds of the way done, traffic will still be directed back into the neighborhoods.
Mayor Burkholder - Asked if there is any public debt to any citizens in Lakewood right now.
Kristin Bear
No. Stated the debt associated with this project would be applicable only to
property owners that ultimately purchase within the Solterra development.
Councilwoman Stack - Asked about the flow chart on the final page of the report in regards to the year 2012. Asked if that was supposed to step up or could it be an error.
Stan Bernstein
Stated that could be an error and in the total scheme of things that would be
immaterial. Stated it was an input error, it should be $13,000 not $1,300. Stated
that if it were corrected it would make no difference.
Councilwoman Stack - Asked if the funding and open space and grants are contingent upon the passage of the TABOR question in November.
Stan Bernstein
Stated it is not contingent upon the passage of the TABOR question.
Councilman Stevens - Asked what the time frame is for the $19 million and asked what happens if a significant portion of that cannot be recouped through additional development
Kristin Bear -
Stated they really don't know how that is going to be repaid to CARMA. CARMA
is ultimately at risk for the $19 million.
Councilman Peterson - Asked if there is anything in the projection of the development schedule that would limit Carma's ability or willingness to proceed with regional improvements should that funding source not be available.
Kristin Bear
Stated that CARMA is currently obligated under their development agreement with
the City to put in all of the improvements based on phasing of the Solterra
project. Stated that all of those improvements are required by CARMA.
Councilman Elliott - Clarified that the interest rate CARMA will be receiving on the money that they loaned to the Metropolitan District is at a rate of 6% and is fixed at that rate
Kristin Bear
Stated that is the maximum rate so it is not fixed. It could be up to 6% but
not of excess of that.
Councilman Elliott - Asked if the rate in the financial documents is the rate that was assumed.
Kristin Bear
Stated the rate that was assumed was 4.4%.
Vote: 11 Ayes. 0 Nays. The motion carried.
The following Consent Agenda items were read into the record by the City Clerk:
No Consent Agenda items.
There were no first reading Ordinances.
Second Reading of Ordinances and Public Hearings
ITEM 5 - ORDINANCE O-2006-18 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF LAKEWOOD AT THE SPECIAL MUNICIPAL ELECTION ON NOVEMBER 7, 2006, A BALLOT ISSUE FOR THE PURPOSE OF AUTHORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF LAKEWOOD
Public Comment:
Newt Vaughan - 8663 W Hawaii Dr., Lakewood CO
Mr. Vaughan spoke in opposition of Ordinance O-2006-18.
Cameron Coin - 1735 Garland St., Arvada CO
Mr. Coin spoke in opposition of Ordinance O-2006-18.
Councilwoman Wise - Stated she wanted to reiterate that what is before them tonight is that they are putting this question before the voter's, stated as a Council they are not voting on this question rather voting whether to put the question to the voter's for the voter's to answer the question.
Fred Clifford - 11405 W 17th Pl Lakewood CO
Mr. Clifford spoke in opposition of Ordinance O-2006-18.
Carl Neu - 8169 W Baker Ave., Lakewood CO
Mr. Neu spoke in favor of Ordinance O-2006-18 and a subsequent ballot issue.
Dorothy Wisecarver - 8655 Meadowlark Dr., Lakewood CO
Ms. Wisecarver read from a quote by State Senator Ken Gordon titled the Art
of Framing Language. Ms. Wisecarver spoke in opposition of Ordinance O-2006-18.
Mary Lou Akers - 8702 Meadowlark Dr., Lakewood CO
Ms. Akers stated she thinks this question should be on the ballot but it should
read, "Do you want Lakewood to abolish your Tax Payers Bill of Rights,
yes or no".
Johann Cohn - 1208 S Brentwood St., Lakewood CO
Mr. Cohn spoke in favor of Ordinance O-2006-18. Stated that he is President
of Lakewood Citizens for Open Space and he is speaking on behalf of this organization.
Kathleen Henry - 8801 W. 7th Ave., Lakewood CO
Ms. Henry spoke in opposition of Ordinance O-2006-18.
Nancy Tucker - 4240 S Yarrow Ct., Lakewood CO
Ms. Tucker spoke in opposition of Ordinance O-2006-18.
Brian Waring - 13680 W 30th Pl., Lakewood Unincorporated Jefferson County CO
Mr. Waring did not speak to Ordinance O-2006-18 directly. Stated that he enjoyed
wide-open spaces that came with farming life. Stated that City Council should
open community ranch or farming areas for people to grow their own produce and
for kids to get the experience of the great outdoors.
Roger McCarville - 7109 Swadley Cir. Arvada CO
Stated that he has spoken to many Arvada and Lakewood residents. One thing that
hasn't been talked about is that there have been so many cost of living increases
for the person that makes minimum wage up to $20-$25 an hour. These people are
seldom if ever here to speak for their own interest. Stated that the fact gas
has gone up two and a half to three times in the last two years is making it
havoc on the budget of the strong working class people. Stated that if this
issue is put on the ballot it is just going to take a lot of time, a lot of
expense and made a guess that if it does get on the ballot it will be strongly
defeated.
Kathy Knoble - 7616 W 9th Ave., Lakewood CO
Ms. Knoble spoke against Ordinance O-2006-18.
Mike Mueller - 868 S Owens Ct., Lakewood CO
Mr. Mueller spoke against Ordinance O-2006-18.
Jerry Burton - Ward 4 CO
Mr. Burton stated it is fine to put the question on the ballot but asked that
the wording states it is forever.
Ralph Bashor - 397 Harlan St., Lakewood CO
Mr. Bashor spoke in opposition of Ordinance O-2006-18.
Dave Wolfe - 18 Balsam St., Lakewood CO
Mr. Wolfe spoke in opposition of Ordinance O-2006-18.
Michael O'Beirne PO Box 260313., Lakewood CO
Stated this is a complex issue. Stated there are big buckets of cash coming
the City's way however he didn't see in the proposal where it talks about a
tax increase. Stated that what the City cannot lose sight of is that there is
not a vibrant economic condition in this Country, or in Lakewood. Stated that
he is concerned that there is no expiration date in this initiative.
Colleen Coke-Maddox - 1252 S Dover Way., Lakewood CO
Ms. Coke-Maddox spoke in opposition of Ordinance O-2006-18.
David King - 671 Brentwood St., Lakewood CO
Mr. King stated that it has come to his attention that some of the large retailers
are not collecting the one percent tax was passed last year. Stated that if
that is true, much of the City's fiscal problem would be sharply reduced.
Robert Cook - Sovereign American - 12078 W Virginia Dr., Lakewood CO
Stated that enough is enough, no more. Stated he would like to put on record
and serve judicial notice in reminding City Council of their Oath of Office.
Stated that he would like to withhold that on his behalf and others to file
for a TABOR tax refund or sue the City for any taxes that the City takes away
from him this or next year.
Frank King - 14137 W Warren Dr., Lakewood CO
Thanked Counselors Stack, Elliott and Anderson for bringing this point to the
public. Stated he emailed the other eight council members and received two responses,
stated he was grossly disappointed.
Lorna Fox - 1133 S Eaton St., Lakewood CO
Ms. Fox spoke in favor of the ballot issue.
Rita Bertolli - 13484 W Oregon, Lakewood CO
Stated that the Councilors should thank all of the citizens for coming tonight
and speaking. Thanked all those who spoke at this meeting.
Natalie Menten - Ward 5 CO
Ms. Menten spoke in opposition of Ordinance O-2006-18.
Public Hearing was closed.
Councilman Peterson made a motion to adopt Ordinance O-2006-18. It was seconded by Councilwoman Wise.
Councilwoman Koop - Stated that she is supporting this issue because this question is important for the voters to make this decision. Council should not decide for them. Stated that Carl Neu brought up some good comments. Thanked Lorna Fox for her comments and explaining what this question is all about. Stated as a citizen she would want the opportunity to vote on this.
Councilman Stevens - Stated there is a real gross misrepresentation tonight. Stated that no one on Council feels like the City is going to go under if this doesn't, A) get on the ballot or B) pass. Stated this is not a major disaster. The majority of Council feels that this is something voters should have a say on. This is not, or has ever been, a full TABOR exemption. Stated this is a limit exemption for parks, recreation, culture, public safety and streets. Taxes will not go up. Stated that if a citizen wants a refund, they need to speak to the State because they are the ones who are going to be giving out money. Stated that the City is not raising taxes, they are not trying to get or keep more of your money.
Councilman Murphy - Stated this is a limited exemption, it is an exemption that applies to grants, monies from open space, potential state grants, that sort of thing. Stated it is the citizens tax dollars. The question before the voters is "Do you want to get those tax dollars back?" Not to put the question on the ballot would be is essence to say "no" to these open space funds, public safety and road funds without giving the voters of Lakewood a chance to say "yes."
Councilman Elliott - Thanked those who came out to express their opinion regarding this issue. Stated it is valuable to have this input. Stated he sees no need or urgency for Lakewood to place a permanent TABOR exemption on the ballot for the possibility of having to refund excess TABOR revenues. Councilman Elliott displayed the TABOR compliance spreadsheet with the revision for the inflation rate of 2007 to 2010.
Councilman Murphy - Asked Councilman Elliott what his position on this issue was.
Councilman Elliott - Responded to Councilman Murphy by saying if he saw the need that City of Lakewood would lose grant money and it would cause a problem with a TABOR limitation and it was for a limited period of time, he would have no problem bringing that to a vote of the tax payers.
Councilwoman Wise - Stated that it is hard to analyze and find what the real issue is here. Stated that a community is a living organism and it has to be nurtured, fed and attended to. Stated Lakewood is a mature community, which is a strength but also a weakness. Stated it takes a lot of work to have quality households and quality families and businesses. Stated that Lakewood has outstanding core services in the community and if the citizens preclude themselves from being able to accept resources that fund these great amenities and these assets, the City will not be encouraging people to live here. Stated that she wants the citizens to be able to vote on this issue so they can decide if they want to have the amenities. Stated she will be voting yes on this issue tonight.
Councilman Peterson - Thanked everyone for making his or her wishes and beliefs
known. Stated that there is a tremendous amount of misunderstanding about this
ballot issue in the community. Stated this is the first time since he has been
on City Council that they haven't spent an inordinate amount of time trying
to figure out where they are going to cut in order to balance the budget. Stated
he will be supporting this issue and actively supporting the passage of this
issue.
knew how much net money from the general fund the Heritage and Cultural Arts
uses.
Kathy Hodgson - Community Resources Director - Stated the total budget for the Heritage Culture and Arts Division is approximately $1,700,000 and subsidized with general fund dollars is between $700,000 and $800,000, stated a little more than a million dollars was collected in the year 2005 through user fees, grants and SCFD dollars.
Councilwoman Allen - Stated the recent community survey showed 45 percent of citizens have attended cultural facilities. Stated she would like to point out that for $800,000 almost has of Lakewood citizens utilize these facilities. Stated that it is only fair for the citizens to decide whether to put this issue on the ballot.
Councilwoman King - Stated that one of the primary goals of this Council is to bring good primary jobs into this community.
Councilwoman Stack - Stated that in January at Council's annual retreat all of Council had opted not to ask for the TABOR exemption and now all of a sudden the City needs money to move forward. Stated that in between this time the City has swapped land twice this year and have open space dollars on the table. Stated she is nervous about bringing in open space dollars so lands can be traded. Stated that something needs to be done to the Charter so the open space dollars are really the City's to share and enjoy. Stated she will be voting against this issue as will many other people.
Councilman Anderson - Thanked council members Stack and Elliott for their comments. Stated that he appreciates Councilman Murphy's opposition to Amendment 38. Stated that if anyone wants to find out more information about Amendment 38, it can be found on the CML website in which the site lists pros and cons regarding the issue. Stated that TABOR is like his house, he doesn't just have a deadbolt on his door, he also has a fierce little puppy. TABOR not only gives the people the right to vote to decide whether or not to increase their taxes but also gives this body the responsibility of deciding if the thief should be allowed in the door. Stated that he is going to vote no, this should not be on the ballot. Stated that small government is a good thing.
Mayor Burkholder - Stated there is a certain amount of confusion going on here, which he believes is the purpose. It is part of the tactic. States the confusion relates to the passage of the sales tax a year ago and the other has to do with the tax exemption of grants and their impact if we were to accept them. Stated that the voters approved the two percent sales tax rate. Stated that it is not Councils' money up there,; it is the citizens. Stated this is not an overall TABOR exemption, it is strictly grants. Stated that Councilwoman Stack was correct about the Council not wanting to go forward on any sort of exemption on TABOR. Stated that they started looking at what would happen if they didn't take a look at the grant situation for the citizens of Lakewood. Stated that he resents some of the broad based comments that were made about this City Council and that the City is going to raise citizens' taxes and not get it back, when in fact the City Council discussed this at length. Stated that the City of Lakewood represents about 20-25 percent of the Jefferson County public. Every dollar the City gives back the City gives back 0.20 to 0.25. Stated the City of Lakewood is a Tier 2 City with approximately 150,00 people out of a 3.5 million metro area, stated that is a pretty good return on investment. Stated that 90 percent of the cities in Colorado are de-bruced totally, the City is only asking for the segment of grants. Stated the TABOR reality is unless the City de-bruces that particular area the City is gambling on accepting grants and then having to cut back programs a year later. Stated that TABOR does very good things. Stated that all the City is asking for is voter permission to keep those funds for the betterment of the community and at the same time not impact other taxpayer programs that are within the City of Lakewood. Stated he does not think it is reprehensible. It is a high degree of responsibility that the City presents this to the voters of Lakewood to make the decision.
Vote: 8 Ayes. 3 Nays (Anderson, Elliott, Stack). The motion carried.
ITEM 6 - GENERAL BUSINESS
No General Business.
ITEM 7 - PUBLIC COMMENT
Public comments are not verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Dorothy Wisecarver - 8655 Meadowlark Dr., Lakewood CO
Stated the August 25th issue of the Rocky Mountain News contained an article
about the Lakewood Housing Authority wanting a stronger voice in the employment
of its director and asking for closer monitoring of the agency by the City Manager.
Stated that monitoring by the City is almost laughable if it wasn't so serious.
Having the City scrutinize the LHA is like asking the fox to watch the hen house.
Stated that she believes Lakewood has been using the LHA as it's private slush
fund. Stated that LHA needs a compete overhaul starting with a new independent
board and a director who is not an employee of the City of Lakewood, stated
there needs to be a complete audit of the LHA finances completely independent
of the City and any city influence.
Michael O'Beirne - PO Box 260313, Lakewood CO
Thanked the Mayor and Council for their leadership with Denver. Stated he wanted
to urge this Council to seriously start down the path of examining a foreign
trade zone so we can serve to offer an advantage to our primary employers in
the City that might have jobs that could benefit from adding this classification
or designation to allow us to move products around the world. Stated he has
traveled throughout the state in a partisan capacity discussing oppressive tax
measures. Stated that there are initiatives that are in the Constitution that
major economic activity, stated he would like to solicit the leadership of this
community to revisit the Gallagher Amendment. Stated that if we are making fiscal
decisions and vehicles need to bought for the City, if we sign a Greenhouse
Pact with Denver perhaps we will be more wise in the decision on how to spend
taxpayer dollars.
Mike Mueller - 868 S Owens St., Lakewood CO
Stated that the tax increase was for Parks, Public Works and Police, any kind
of funding was supposed to be funded out of the tax increase, there was no need
for TABOR. Stated that the voters should have the right to vote on things. Stated
that voters should have voted on this building. Stated that the COP's nearly
put this City in the hole but we couldn't vote on those. Asked why the City
didn't put storm water to a vote. Stated that if the City is going to put TABOR
to a vote, it should be done on everything.
Public Comment was closed.
ITEM 8 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
City Attorney Roger Noonan - Stated that over a number of years there has been some debate between the Public Service Company and the municipalities of what type of quality service issues were controlled by the franchise agreement verses control by the public utilities commission. Stated that it seemed like when they felt it was in the franchise, they said no, it is in the Public Utilities Commission. Stated that Public Service Company filed for a hearing on a number of matters, a number of cities elected to intervene at that action and Ken Feldman, who has represented the City on telecommunication matters and on Public Service Company matters represented not only the City of Lakewood but 14 other cities as well. Stated a public hearing was held in March of 2006 and subsequent to that, Public Service Company entered into a suggested negotiations to try to settle this issue. They came to a settlement. Stated it has been approved by 13 of the 15 cities. Stated he is presenting this because Public Utilities Commission has a September 8th hearing to hear whether or not this settlement has in fact been entered. Stated that what has been agreed to in this settlement is the sort of thing that would be administratively approved, it's not changing the franchise agreement or anything. Stated that he wouldn't normally give to the City Manager and say "you have the authority to eject this or approve it" except for the fact that the stipulation has a sentence in it that says "it is subject to the approval of the elected governing bodies", therefore it is being presented to all the governing bodies. Stated that Ken Feldman recommends the settlement. Vince Castillo who is the engineer for the City that worked with him closely recommends the settlement and Mr. Noonan recommended the settlement. Asked City Council for an approval of this settlement so it may be presented on September 8th on behalf of the City.
Mayor Burkholder stated that he is surprised by this. Stated he has complete
faith in Mr. Feldman and Mr. Castillo, but would like feedback from the Council.
Councilwoman Allen - Asked if there is a handout on this information as she
would like to read more about it before she votes on anything.
Roger Noonan - Stated that the best he could do is present this issue tonight and if there are questions it can be discussed at the September 11th meeting. Stated that he has a memo and a copy of the settlement agreement and will send it to Council to review for the September 11th meeting.
Roger Noonan - Stated that some municipalities have taken formal action, though he did not have any other opportunity other than tonight. Stated that Mr. Feldman had an executive session on this issue in Arvada.
City Manager Mike Rock - Stated that one thing Council might consider is reading the background information over the next week or so and if there are any questions let Mr. Noonan know and that way they can get a sense of Council's position. Mr. Feldman could go to the hearing on the 8th \and he could note that the final action on the part of the City of Lakewood would not occur until the 11th.
Mayor Burkholder stated he is reluctant to take any action tonight and would be good to look over this information over the next week or so.
Councilman Anderson clarified whether it is acceptable procedure to have Council vote on an item that is not on the agenda and not been published.
Roger Noonan - Stated that in this instance what Council would be doing is approving a settlement agreement so it is not required to be published in advance anyway. Stated that is the only reason he presented it this evening.
Mayor Burkholder Suggested Mr. Noonan put this issue on the September 11th agenda.
Councilwoman Stack - Asked if Council could call a special meeting on this issue prior to September 11.
Roger Noonan - Stated he will talk to Mr. Feldman and see if he thinks a special
meeting is necessary.
ITEM 9 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 9:51 p.m.
Submitted by,
Margy Greer, City Clerk
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