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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.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 4 - RESOLUTION 2007-1 - DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS DURING 2007 PURSUANT TO C.R.S. 24-6-402
ITEM 5 - RESOLUTION 2007-2 - REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR IMPROVEMENT EXPENDITURES OF THE GARY R. MCDONNELL PARK FOR THE PERIOD COMMENCING FROM JANUARY 1, 2003 THROUGH SEPTEMBER 30, 2006
ITEM 6 - RESOLUTION 2007-3 - REQUESTING REIMBURSEMENT FROM, AND CERTIFYING EXPENDITURES TO, JEFFERSON COUNTY OPEN SPACE FOR IMPROVEMENT EXPENDITURES OF THE GARY R. MCDONNELL PARK FOR THE PERIOD COMMENCING FROM JANUARY 1, 2004 THROUGH NOVEMBER 30, 2006
ITEM 7 - ORDINANCE O-2007-1 - DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF THE WEST CORRIDOR LIGHT RAIL PROJECT BETWEEN INDIANA STREET AND SHERIDAN BOULEVARD, AUTHORIZING THE CITY TO PARTICIPATE AS CO-PETITIONER WITH THE REGIONAL TRANSPORTATION DISTRICT (RTD) IN NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS FOR IMPROVEMENTS TO BE OWNED AND MAINTAINED BY THE CITY OF LAKEWOOD
Public Comment: None.
Councilwoman Wise made a motion to 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 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 Councilman Murphy.
Councilman Elliott - Asked if postings are placed in the City's recreation centers or the Heritage Center. Asked if it is possible to post in those places if they do not already.
City Clerk Margy Greer - Stated the official posting place is the bulletin board in the atrium. Stated the postings are also available on the website.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 8 - ORDINANCE O-2006-38 - AUTHORIZING A CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND A PROMISSORY NOTE IN CONNECTION THEREWITH, TOGETHER WITH ALL OTHER ACTIONS CONTEMPLATED OR REQUIRED BY SUCH AGREEMENTS; FURTHER APPROPRIATING $3,742,000.00 FOR THE PROJECTS FUNDED BY THE LOAN GUARANTEE ASSISTANCE PROGRAM UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
Public Comment: None.
Councilwoman Wise made a motion to adopt Ordinance O-2006-38 on second and final reading. Councilman Murphy seconded the motion.
Councilman Elliott - Asked if the City of Lakewood is a guarantor behind this loan if the HUD money did not materialize.
City of Lakewood Finance Director Larry Dorr - Yes. The City of Lakewood is providing a secondary guarantee for repayment.
Councilman Elliott - Asked if any of the General Fund Reserve is incumbent with this loan.
Larry Dorr - Yes. Stated the City is committing one year's payment, approximately $375,000, towards the security for one year's repayment of the loan. That would be accomplished through a security and deposit agreement.
Councilman Elliott - Asked if there was any other option available to the City of Lakewood to secure the one year's payment besides encumbering money out of the General Fund Reserve.
Larry Dorr - Stated the only options the City had were to pledge real property or a pledge of the City's general revenues.
Councilman Murphy - Stated that the benefit the City gets from this is a Head Start facility in a target area that needs it.
Councilman Stevens - Confirmed that the City has done something like this before and the City has been receiving the Community Development Block Grant funds (CDBG) funds since 1974.
Larry Dorr - Stated that the City is receiving about $750,000 in annual Community Development Block Grant funds from the Federal Government. The City would be using those funds to repay this loan. The City entered into a ten year loan arrangement in 1996 and that loan has now been paid off.
Councilman Elliott - Asked how long the term of this loan would be.
Larry Dorr - Stated it is a 15-year loan.
Councilwoman Allen - Reminded Council that she sent an email regarding this issue in late 2006.
Councilman Elliott - Concerned that HUD will not accept the property the City is building as security like they would on a home mortgage. Asked Larry Dorr to discuss this concern.
Larry Dorr - Stated it is a little unusual but it is more financially desirable. An annual appropriation repayment can be renewed each year.
Councilman Anderson - Asked Larry Dorr about an article published in the National League of Cities newsletter regarding CDBG monies being reduced. Asked if he knew what the newsletter might have been basing that information on.
Larry Dorr - Stated there has been a lot of discussion nationally. The Federal Government is granting about four billion dollars a year by way of the CDBG. Stated the repayments of these loans represent less than 10% of that. There is a lot of belief that in the future the revenue will flatten out or decrease. Most people would agree that the revenue would be cut down to 50% of its level.
Councilman Anderson - Asked how the City would make up the difference in the payment if it were cut down to 50%.
Larry Dorr - Stated that one of the things discussed on the Federal level is that whatever level of funding that may or may not be reduced, the Federal Government would not reduce the level of funding where there could be a default.
Councilman Elliott - Asked what percentage the loan repayment constitutes the amount of money the City is getting for CDBG money.
Larry Dorr - Stated it is a little less than half.
Vote on O-2006-38: 8 Ayes. 3 Nays (Stack, Elliott, Anderson). The motion carried.
ITEM 9 - GENERAL BUSINESS
Mayor Burkholder asked the Director of Public Works, Dick Plastino, to discuss the winter storm operations.
Director of Public Works Dick Plastino - Stated there have been three snowstorms. The first of which was a blizzard with 24-32 inches of snow accumulation in Lakewood. Stated the second snowstorm had 12-17 inches and the third snowstorm had 6-8 inches of snowfall. The grand total in Lakewood from the three storms has been 42-57 inches of snow. The City has about 485 miles of street and of those, they are plowed on a priority system. There are three priorities of streets that are plowed and a fourth priority that is all of the residential streets in town. Stated that priority one areas are the main streets in town, priorities two and three are around schools or commercial areas. Public Works has been working at this snow removal for 19 days and eight of those days involved 24-hour day operations. Stated they used 21 city plows, which is the entire fleet, and hired 12 contract motor graters. They have plowed all the priority streets and have plowed the residential streets three times. Stated that a six to twelve inch ice pack developed throughout town and the snow plows and motor graters cannot move ice.
Stated they have gone over the 2006 budget. Since December 20th, 2006 the City has spent $93,000 worth of overtime with street crews and $352,000 for the contract motor graters. They have put down 2,500 tons of sand salt mixture for $80,000. As of today the City has spent $525,000 on the three storms and that puts them several hundred thousand dollars over the 2006 budget and is now having to dig into the 2007 budget.
Mr. Plastino presented a slide show from the December 20th and 28th snowstorms.
Mayor Burkholder stated this is a good policy that has worked throughout the years. Stated the City could always do a better job, which is why a study session was held regarding the snowstorms. The message to come out of the study session was the fact that communication needs to be better.
Mayor Burkholder stated he received several calls from senior citizens saying they cannot shovel. Suggested that the faith community or service clubs could start some sort of pool of people willing to shovel in unusual situations for their neighbors.
Councilman Anderson - asked that Mr. Plastino stay through the end of the meeting.
ITEM 10 - PUBLIC COMMENT
Public Comments are not a verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
John Helfrich - 2447 S Holman Cir. Lakewood CO
Stated he was a strong supporter of the land exchange and was disappointed with
the outcome of the vote. Stated the opponents distorted the benefit of the exchange.
Urged City Council to revisit this issue one more time and attempt to at least
uphold the spirit of the Master Plan. Read from the Rooney Valley Master Plan
and the report of the Lakewood Planning Commission date June 21, 2006.
Newt Vaughan - 8663 W Hawaii Dr. Lakewood CO
Stated it is illegal for any employee of the City to promote an election. There
were five City Councilors who stated they would be voting for the ordinance.
Stated people can be encouraged to vote but not encouraged how to vote.
Lisa Scott - 14222 W Evans Cir. Lakewood CO
Thanked every individual and organization that helped support the vote for Referendum
1 campaign. Stated she is disappointed in the outcome and believes that supporting
the Rooney Valley Master Plan was the right thing to do. Stated she was appreciative
of City Clerk Margy Greer and her office staff.
Toni McKinney - 11262 W Ford Dr. Lakewood CO
Stated the cul-de-sac she lives in was plowed only once and residents had to
hand shovel two feet of snow out from their driveways approximately 15 feet
to get to the plowed path. Stated this process took them two days. They do not
expect dry pavement but they request they have access to their homes without
getting stuck.
Maryann Andrews - 12655 W Iowa Dr. Lakewood CO
In previous years her street has always been plowed after a snowstorm or blizzard
but this year it was not. Stated she is concerned with the service level of
the City. She is concerned about the fact that only four-wheel drive vehicles
were able to get through.
Pedro Roybal - 6445 W Nevada Pl. Lakewood CO
Expressed his appreciation to the Public Works and Community Resources departments
for their efficient and timely work during the snowstorms.
Joe Sanchez - Ward 4
Stated he was glad the ordinance was overturned. Asked why the City Council
doesn't represent the people of Lakewood.
Brian Waring - Unincorporated Jefferson County
Read a poem about the government, opium and other peoples' money.
Dorothy Wisecarver - 8655 Meadowlark Dr Lakewood CO
Stated that the campaign to save Iron Spring Park was a grass roots effort.
Thanked Rita Bertolli for bringing attention to the land exchange.
Mike Muller
Stated City Council has once again broken the law. The City cannot use public
money to support an issue. Stated the RTD appraisal is unfair. Asked if campaign
contributions from developers are a conflict of interest.
Robert Cook - Sovereign American - Lakewood CO
Thanked the people of the City of Lakewood for standing up and leaving Mr. Forsberg's
donation parkland. Thanked Margy Greer for allowing him to vote as a qualified
elector verses being a registered voter. Stated he watched the election process
and said the staff did a very good job.
Rita Bertolli - 13484 W Oregon Lakewood CO
Thanked the people of Lakewood for their support in defeating the measure to
swap parkland.
Pat McHugh - President of the Lakewood Police Union
Stated he took a phone call from a gentleman asking why the Police Union was
involved with Referendum 1 and asked if it was a union member on a post card
the Lakewood Police Board sent out. In response to those questions Mr. McHugh
stated a supporter of Referendum 1 asked him if the Lakewood Police Board would
review the issue and take a position on it. The Lakewood Police Board decided
unanimously to support Referendum 1. Stated they decided to support the issue
because it is good for the citizens of Lakewood. Stated that it was his picture
on the post card they sent out.
Brian Poyer - Unincorporated Jefferson County
Stated this was not the only way to develop Rooney Valley, stated it takes some
constructive criticism to come up with some other ideas on how to develop that
land.
Public Comment was closed.
Mayor Burkholder congratulated the people that worked so hard to defeat this issue. Asked City Attorney Roger Noonan to address the serious accusations that City Council has been breaking the law.
City Attorney Roger Noonan - In a general response, the City Council has absolutely not been breaking the law. Stated he does not remember hearing anything that was a violation of the Fair Campaign Practices Act.
Mayor Burkholder - asked Roger Noonan if City Council, as individuals, has a right to take a stand on any particular issue.
Roger Noonan - Yes. Stated Councilors did not give up their citizenship when they were elected.
Councilman Murphy - Stated they, as Councilors, have every right to express their opinion on a ballot issue.
Councilman Elliott - Stated City Council was trying to act in what was in the best interest of the citizens.
Councilman Anderson - Stated there is something to be remembered in the discussion and the concerns raised by the citizens about respecting the initiative and referendum process.
Councilwoman Allen - Stated that at one point or another she has disagreed with every member of Council, though she knows that every single Council member makes their decisions because they think they are doing what is best for Lakewood. She ran for political office so she could express her opinion about what is going on in the City of Lakewood.
Councilman Peterson - Stated the citizens of the community have spoken and he respects that. They are here as decision makers to do the best they think they can do, but they do have a responsibility to help people understand why they make the decisions they make.
Councilwoman Wise - Stated she appreciates the input from citizens regarding the snow removal issues. She has always enjoyed working with City staff on these issues because of their receptivity to see how situations can be improved. Reminded citizens that they are looking at the removal operations and are scheduling another study session to discuss whether they need to altar any of the current policies.
ITEM 11 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 12 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:47 p.m.
Submitted by,
Margy Greer, City Clerk
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