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Minutes are not a verbatim transcription, but rather an attempt to capture the intent of the speaker by the City Clerk.
ITEM 1 - CALL TO ORDER
Mayor Murphy 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 Bob Murphy, Presiding
Doug Anderson
Cindy Baroway
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
Absent: Diana Allen
Others in attendance: Mike Rock, City Manager
Tim Cox, City Attorney
Larry Dorr, Finance Director
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 and a moment of silent prayer was observed.
ITEM 4 - PROCLAMATION -- RECOGNIZING MAY AS OLDER AMERICANS MONTH
Mayor Murphy proclaimed the Month of May as Older Americans Month, which is in keeping with the City of Lakewood's theme of An All Inclusive Community. The proclamation was presented to Mrs. Edie Ritchie.
Edie Ritchie, on behalf of Lakewood Seniors, graciously accepted the proclamation and noted that recognizing past and current contributions that older adults have make to the country and community is appreciated. She thanked the City of Lakewood for this acknowledgement.
ITEM 5 - PROCLAMATION -- RECOGNIZING MAY AS MENTAL HEALTH MONTH
Mayor Murphy proclaimed the Month of May as Mental Health Month in the City
of Lakewood, and presented the proclamation to Linda Nording.
Linda Nording, on behalf of Jefferson County Center for Mental Health, extended
thanks to Mayor Murphy and the City of Lakewood for declaring May as Mental
Health in Lakewood. Such support is important and working together, we can all
help to raise awareness of mental health in our community.
Newt Vaughn said mental health is one of the most under diagnosed conditions
in society today. He presented a check to the Jefferson County Center for Mental
Health, and encouraged others to support the cause as well.
ITEM 6 - RESOLUTION 2008-39 (as amended on May 12, 2008) - APPOINTING MEMBERS
TO THE LAKEWOOD JUDICIAL REVIEW COMMISSION
A motion was made by Councilman Peterson and seconded by Councilman Quinn, to
adopt Resolution 2008-39 as amended.
Councilwoman King said the nominees for Judicial Review Commission are: Peggy
J. Phillips; Felix W. Cook, Sr.; and Donald B. Berega.
Mayor Murphy noted that on occasion, there is the need to appoint a municipal
judge. Long-time presiding Judge Tom Elliott, has announced his retirement,
to be effective on June 30, 2008. The last time a municipal judge was appointed
in the City of Lakewood was 1996, thus, the term of that nominating commission
has expired. He extended thanks to the three well known Lakewood citizens who
are willing to serve in this capacity.
Councilwoman Baroway disclosed that her husband is a relief judge for the City
of Lakewood, and has been serving in this capacity since Spring 2002. She is
on the
Screening Committee, however, she was not involved with the interviews of those
being considered for this Judicial Review Commission. She will vote tonight
on the appointment of the nominees.
Councilwoman King also stated that Jane Ebisch, President of the First Judicial
Bar Association, is also appointed to the Judicial Review Commission.
Mayor Murphy further explained that the City Charter calls for the appointment
of three citizens who are not practicing attorneys. The President of the Bar
Association and Judge Jackson, from the Circuit Court are on the Committee.
Therefore, the amended motion is to add Jane Ebisch to the Resolution.
Ayes: 10 Nays: 0 Absent: 1 Motion passed unanimously.
ITEM 7 - PUBLIC COMMENT
Edie Bryan, 1661 S. Kendall Street, Lakewood, CO, said Jefferson County joined the Northwest Parkway Public Highway Authority, and she has concerns about this merger and asked that the City of Lakewood monitor this and pay attention to it. It is difficult to imagine that this is going to have good financing for 99 years, and during this time period, this private company will have a great deal to say about our finances and the type of transportation projects that are built. She asked the Council to monitor and pay attention to Lakewood's interests in this venture.
Linda Morton, 5226 Red Fern Run, Littleton, CO, was present to represent the Colorado/Colfax Marathon. As Vice-Chairman of the event, she wanted to remind everyone that the third annual race is scheduled for Sunday, May 18, 2008. She invited all to sign up and participate in the race, and she also extended "thanks" to all who've been involved in making this event possible.
Carole Tarpley, 333 S. Pierson St., Lakewood, CO, said it's been more than a month since City Employees visited her property, and she's not received a receipt/inventory of the items taken. She does not feel she should have to pay for copies of documents/photos related to what she terms a "thievery" from the City, and a violation of her rights.
Michael O'Beirne - expressed "thanks" to State Senators Mike Kobb and Lois Tochtrop regarding Senate Resolution SR08005, dealing with foreign trade zones in the State of Colorado. The State of Colorado conducts some $6 billion in exports. He said anyone in the community who imports/exports finished manufactured goods, should now pay attention to the shelters available to them, avoiding import duties, and being able to return flawed or non-specked imported goods back to the originator. Our national trade deficit is declining. Lakewood has been concerned that there has not been private sector interest. We also have Swiss airplane manufacturers at Jefferson County Airport, and hybrid bus manufacturers in Golden. Competitive advantages are to be enjoyed by using these designations, and he hopes on the community level we continue to support Senators Kobb and Tochtrop. In speaking about constitutional liberties, he said we are an inclusive community, and in talking about the first amendment, these are federal liberties all Americans enjoy. We should not infringe on any constitutional liberties from the local level. As an inclusive community, we should welcome such events with open arms.
Mr. Ditson spoke about matters that are of great concern to the Eiber community, i.e., recent construction incidents along the west corridor. In February 2008, a gas line was ruptured by a utility crew, which closed Kipling. In April 2008 the White Lateral Ditch was undermined during a utility relocation, which caused the flooding of a home and the dislocation of a family. After two weeks in the hotel, the family was notified that the payment of their lodging had been suspended and work stopped on their home. Although this is an RTD project, RTD is not responsible for the contractors/sub-contractors hired by utility companies. He feels that RTD is responsible for insuring the welfare of anyone who may be displaced as a result of work done on their projects. Further, property owners along this corridor should not be put in the position to determine who should be called when a problem arises. He and others are outraged with the management of this property, and therefore, wanted to offer potential remedies, such as immediately setting up a construction hotline staff to be manned 24/7, with phone numbers posted along the corridor. Also, there should be an immediate presence of the construction office in the neighborhood to address concerns and dispense information about construction in the immediate area. (This was promised several times, but nothing has materialized to date). More effective communication and outreach to neighborhood organizations are needed informing them of construction schedules, and reminders to contract workers and sub-contractors that operations must be handled with care, and that the neighborhood is watching.
Brian Waring spoke about the intent to abridge the 1st Amendment-and to peaceably assembly. He and others will continue to peaceably assemble until they have enough people to cause the Council to enforce its ordinances. In spoke of Mrs. Tarpley's ordeal and helping to get her story out in a fair and unbiased way. Also, he mentioned the abuses, not yet established, but are beginning to be established by RTD.
C. B. (Arvada) spoke about the Declaration of Independence and the U.S. Constitution because each Council member has taken an oath to uphold these rights. He said under the Enabling Act of Colorado, Section 4, there is an irrevocable ordinance that no inhabitant of Colorado should ever be injured because of their religious worship. Each member of the Council took a sworn oath to uphold the U.S. Constitution and if they do not do this, it is treason on their part.
Mayor Murphy said Council is beginning to work on the ordinance regarding assembly. The purpose of working on this ordinance is to expand citizens' ability to assemble because absence of such could actually be disruption of the peace, and that is not where we want to go. We want to expand citizens' rights to assemble. Also, he feels the City of Lakewood's police force is the most highly trained, highly educated, and best police force in the State of Colorado.
No further public comments were made.
CONSENT AGENDA
Consent Agenda Items 8-12 were read into the Record by the City Clerk.
ITEM 8 - RESOLUTION 2008-40 - ESTABLISHING A PROCEDURE FOR REMOVAL BY THE CITY COUNCIL OF MEMBERS OF THE CITY'S BOARDS AND COMMISSIONS FOR CAUSE
ITEM 9 - RESOLUTION 2008-41 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO DEPARTMENT OF TRANSPORTATION TO RECEIVE A FEDERAL AID GRANT FOR THE UPGRADE OF THE COMMUNICATIONS PORTION OF THE CENTRAL TRAFFIC SIGNAL COMPUTER SYSTEM
ITEM 10 - RESOLUTION 2008-42 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO A CONTRACT WITH TRANSCORE ITS LLC FOR THE PURCHASE OF SOFTWARE AND HARDWARE FOR THE UPGRADE OF THE COMMUNICATIONS PORTION OF THE CENTRAL TRAFFIC SIGNAL COMPUTER SYSTEM
ITEM 11 - APPROVING MINUTES OF CITY COUNCIL MEETING
Special City Council Meeting April 28, 2008
Special City Council Meeting May 5, 2008
ITEM 12 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Housing Authority Meeting, February 25, 2008
Lakewood Housing Authority Meeting, April 4, 2008
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, March
27, 2008
Mayor Murphy noted that Item 8 is a procedural matter, and the need for this was brought to the Council from the Commission for Inclusive Communities.
Mike Muller commented on Item 8, by saying he does not think this is an inclusive group like it should be. Anyone that has a disagreement should not be faced with the possibility of being "kicked off the Board". He feels that disagreements are what make the Board work. Discussions will make the City better, and to limit the discussions on the Boards make them worthless. He feels there should be no reason (except for fighting, using foul language, using drugs in the middle of the meetings) for one to get "kicked out for discussion." He asked that the reasons for "cause" be limited and specific.
Mayor Murphy said certain criteria applies as to reasons for being dismissed from a Board or Commission, i.e., felony conviction while serving on the Board or Commission, excessive un-excused absences, knowing the disclosure of confidential information, etc.
Lorna Fox, Secretary, Advisory Commission for An Inclusive Community, and Chair of the Neighborhood Liaison Committee) said it would have been helpful if Mr. Muller had read the Resolution before making his comments. There are specific reasons that the Commission came up with for removing a person from the Commission. She read said reasons, and said the Commission put a lot of time and thought into each reason, and thanked the Council for considering this resolution.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, Chairman of the Advisory Commission for An Inclusive Community, said they spent hours on working on this in different manners, and he feels this is one of the most fair things put out into the community at this time. They don't have anything in place, and there is a need for it, especially for those certain instances noted by Mrs. Fox.
Councilman Anderson wanted to pull Item 9 and Item 10, which deal with traffic cameras and surveillance cameras from the Consent Agenda, for a separate vote.
Councilwoman Stack commented on Item 8. She said this is the first time for this, and in 30 years, there has been no need for it. She wanted to know why is it coming to Council as a resolution rather than rules or policies within the Advisory Commission, itself. Also, what is the intent of the resolution?
Tim Cox, City Attorney, said it was the Commission for an Inclusive Community that said there was a need for it, and in looking at the different options, in light of the number of different Boards and Commissions for the City of Lakewood (i.e., Planning Commission and other bodies), it was determined that a resolution would be most effective. The best reason for doing it as a resolution is to give the City Council's approval as opposed to a policy that's adopted internally. Council is involved in the process of removal pursuant to this resolution. It was determined that it would be a good idea to have the Council adopt the resolution.
Councilwoman Stack said she wants to pull Item 8 for a separate vote.
A motion was made by Councilman Peterson and seconded by Councilman Quinn, to approve Council Minutes, accept all minutes for Boards and Commissions, and to adopt resolutions - minus Item 8, Item 9, and Item 10, in the Consent Agenda Items, for the record and introduced by the City Clerk.
Ayes: 10 Nays: 0 Absent: 1 The motion passed unanimously.
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
ITEM 13 - ORDINANCE O-2008-11 - ELIMINATING THE SALES TAX ON FOOD FOR DOMESTIC
HOME CONSUMPTION AND RESCINDING THE TEMPORARY SALES TAX WAIVER WITHIN CERTAIN
AREAS OF THE CITY (Amended May 12, 2008)
To give a bit of background, Mayor Murphy said when several Council persons
were sworn in, they announced the intention to look into the issue of grocery
tax on food in the City of Lakewood. A seven member citizens' ad hoc committee
was appointed to look into the matter. Their role was first a fact-finding-role
to find out how common is the issue of sales tax on grocery in the State of
Colorado, how much money does it mean for the City of Lakewood, and what could
be the potential impact of services. The Committee worked hard and found out
that 80% of cities do tax groceries, and 2/3 of the counties in Colorado also
tax groceries. Also, they determined that the amount of revenue to the City
was a little more than $4,000,000. Their investigation also determined that
"there is a clear and growing societal trend against taxes on groceries."
The Committee noted that over $4,000,000 could be a very significant impact
to City services, and they started to look for an alternative revenue stream.
They came up with a recommendation that's been characterized as an elegant solution,
a great compromise, which is to waive the sales taxes on grocery food items,
and at the same time, rescind the waiver of the one percent (1%) sales tax that
was instituted at Colorado Mills and the Creekside Shopping Center, as part
of the voter approved sales tax increase in 2005. Thus, on one end, the City
would lose a little over $4,000,000 in revenue, and take in about $3,000,000
in revenue by rescinding that waiver. The Committee considered this to be a
fair and equitable solution, and he (Mayor) agrees. He thanked them for their
hard work. This ordinance is non-severable (both are being considered together).
An emergency clause is in this ordinance, simply so that it can go into effect
quickly to give the merchants the time they need to recalibrate and be ready
to go on January 1, 2009.
The hearing was open for public comments on this ordinance.
The following people spoke in support of the proposed ordinance:
Greg Stevinson, President /Denver West Realty, Inc. (1546 Cole Blvd., Suite
200, Lakewood, CO).
Doug Cone (1762 S. Everett St., Lakewood, CO)
Glenn Glass (8425 W. Belmar Ave., Lakewood, CO)
Newt Vaughn (8663 W. Hawaii Dr., Lakewood, CO)
Charley Able (7707 W. 4th Ave., Lakewood, CO)
Edie Bryan (1661 S. Kendall Street, Lakewood, CO)
David Wolf (18 Balsam St., Lakewood, CO)
Nancy Pontius (8266 W. Dakota Pl., Lakewood, CO)
Barbara Martin (781 Carr St., Lakewood, CO)
Dave Weichman (722 S. Beach Street, Lakewood, CO)
Reasons for support include:
• Citizens are already facing rampant inflation, and they need a tax break
on groceries.
• Today's economic crunch has affected everyone, and we need some relief.
• Many feel that this ordinance will help to minimize the effect inflation
has on the cost of living, especially for the working class.
• This ordinance is a step in the right direction for the citizens of Lakewood.
• Approval of this ordinance will give needed relief to seniors in Lakewood.
• Some feel that this is an elegant compromise on a difficult issue.
• Some feel that the proposed ordinance is a brilliant plan, and recommend
that Council vote to pass it.
• The process in which this ordinance was done deserves commendation.
Persons speaking in opposition to the proposed ordinance:
Fred Clifford (11405 W. 17th Place, Lakewood, CO)
Reasons for opposition include:
• Concerns about Section 3- the non-severability clause.
• The issues contained in this ordinance should not be together -- many
residents are concerned about both issues.
• What could happen to cause this ordinance to be invalid/un-enforceable?
• The City Attorney should anticipate any potential legal complications
that could render this ordinance invalid.
Others who spoke regarding the proposed ordinance (but did not sign the roster):
Mr. O'Beirne - feels that Section 3 should be removed. He said as a City, we
need to take a definitive stand say this is a relief for working families. No
need for an escape or "oops" clause. Regarding the $1,000,000 shortfall,
we may see other businesses emerge into a greater mix of food providers.
Ms. Dorothy Wisecarver, 8655 Meadowlark Drive, Lakewood, CO, said she is pleased
that City Council has decided to remove sales tax from food for home consumption.
This is a step in the right direction. Additionally, she said it "makes
no sense for the City to grant long term, millions of dollars in subsidy to
the largest retailer in the world-Walmart, yet continue to tax the daily bread
of it's citizens. Petitioners have worked hard to bring this to the ballot.
She noted that the proposed ordinance has pitfalls-i.e., if one part of the
ordinance fails, it all fails. It is her opinion that the ordinance be straightforward-remove
the sales tax from food, and separately, by resolution, the sales tax exemption
granted shopping centers in 2005 could be rescinded. If this ordinance is successfully
challenged, failure to remove sales tax on food will not be acceptable to Lakewood
citizens. She feels it is the direct responsibility of the Mayor and City Council,
to make sure that sales tax is removed from grocery items - no matter the outcome
of this proposed ordinance.
Ginger Schloty, Denver, CO, said she does not shop in Lakewood, particularly
because of the food tax. She urged the Council to seriously consider the severance
issue, and pass the food tax portion.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, said in regards to the
tax, he feels that we're "squabbling over pennies". For those who
talk down about RTD and the different things that are happening within the City,
they should start looking at the overall picture (i.e., outrageous costs for
things like aspirin, milk, gas, etc.) Perhaps it's time to start gathering petitions
in protest of other values that are part of the bigger picture.
Frank Lay, member of the Citizens' Ad Hoc Committee regarding this ordinance,
said he represents some 35,000 seniors in the State of Colorado through the
Colorado Alliance of Retired Americans. There are several hundred seniors in
the Denver metropolitan area who live on $662 month, and out of that they pay
$350 for rent. Through a small food bank, they provide food for some 3000 seniors
and handicapped persons each month. So "pennies" are a lot and it
means a great deal to them to get this tax taken away so they don't have to
pay tax on food.
Natalie Menten, Ward 5, said she's happy we're at this point, but she has concerns about the language of the ordinance as written. She hopes it can be cleaned up so that the "fear" of the unknown does not exist.
Mayor Murphy asked about the chances of a potential legal challenge regarding
the ordinance.
Tim Cox, said all aspects of the ordinance have been reviewed, and a legal
challenge is not anticipated. However, legislation at any level is speculative,
and you don't know until a court gets involved regarding a challenge, how it
may hold up. That's the purpose of the severability clause that shows up in
ordinances on a regular basis. If one provision of a 10-section ordinance were
invalidated by a court, the rest of the ordinance would survive and not have
to be reenacted. The purpose of this Non-severability Clause is simple - the
recommendation from the Ad Hoc Committee was to repeal the sales tax on food,
with most of the lost revenue to be made up in the form of rescission of the
temporary waiver. The two were intended to go together. In looking at the possibility
of legal challenge, staff did not see any. Nevertheless, there are potential
ramifications if one of the provisions were to go away. Therefore, if the rescission
of the waiver was attacked on any front and invalidated, the City would be confronted
and have to deal with a $4,000,000 plus shortfall. It appears the intention
of the Ad Hoc Committee was that it not stand alone. Conversely, if the repeal
of the food tax was to go away for whatever reason, there could be ramifications
based on the increased revenue resulting from the rescission of the temporary
waiver. Also, Section 3 of the ordinance is to address the intent of the Ad
Hoc Committee that the two to together.
Councilman Quinn said in the committee's recommendation, there is some discussion
as to whether or not the elimination of the grocery tax would have any impact
on the City's bond rating or credit in the future.
Larry Dorr, Finance Director, City of Lakewood, said he does not anticipate
that there will be no material effect on the ability to borrow or the City's
very high credit rating. The City has pledged part of its sales and use tax
revenue towards the repayment of bonds that are presently still outstanding
and those bonds carry a rating. He said this ordinance could be enacted without
materially adversely affecting the bondholders. He anticipates that the credit
rating will remain at its highest level. If this ordinance is enacted, he plans
to join the City Manager in notifying the credit rating agencies to make them
aware that the City has a strong capacity and a previous willingness to be able
to make those payments.
In regards to the severability clause, Councilman Peterson asked if there was
a remote possibility that as a result of passing this ordinance, bonds currently
out and bondholders who anticipate a level of payment to be made, would in any
way have standing to ask or file suit against the City for eliminating this
source of revenue as it pertains to repayment of existing bonds, or to decrease
the City's ability to repay bonds?
Mr. Cox said yes, because we can't say there is no possibility. Mr. Dorr has given the opinion of no material adverse effect on the bondholders, but it is impossible to predict the future.
Mike Rock, City Manager, added that bondholders want to know if you have been
making payments. Do you have revenue to make all your payments and pay all your
bills? Do you have reserves? What does your budget look like? Answers to these
concerns are fine. We have not heard from any bondholders or any bond issuers
who have any concerns whatsoever and we do not anticipate that they would have
any. However, if you eliminate the sales tax on food without any replacement
revenue, those concerns would probably increase.
Councilman Peterson said from the memorandum he has received, entities who the
City has agreements with and who allowed us to re-impose the current sale tax,
there is no indication from any of those parties that they have any remote intent
whatsoever of opposing this ordinance.
Mr. Rock said that's correct. He's met with all the entities (Colorado Mills/
Denver West Center and the Creekside/Walmart Center) and they have no issues
or legal challenges of any kind.
Speaking to Messrs. Cox, Dorr and Rock, Councilman Peterson said outside of
the typical legalese that are included in a substantial portion of the resolutions
and ordinances that we consider, this is not out of the ordinary in any way,
or any specific issue within this resolution that gives you any concern whatsoever.
Each said that is correct. Mr. Rock added that given the fact that Mr. Stevinson
was present testifying on behalf of the ordinance is a good indication.
Councilwoman Stack said we eliminated the sales tax with the three separate
entities. She asked if there was a problem with two being rescinded rather than
all three.
Mr. Rock said the sales tax election includes the provision for the temporary
waiver. It does not have to be all or none-it could either be one, two, or three.
In the case of Belmar, the reason the waiver continues is that contractually,
Belmar's agreement with the City of Lakewood and the foundation they use for
their financing, spells out that the combined sales tax and piff shall not exceed
the metro-wide average. Both Creekside/Walmart and the Mills complex are aware
and have been informed that the sales tax rate will not change at Belmar because
of those contractual obligations. None of them have expressed any legal or practical
concerns.
Councilman Anderson asked Mr. Cox to speak about the emergency clause.
Mr. Cox said there were discussions about how this would play out regarding
impact on the business community. There have been some speculations about how
difficult it was for some entities to make the transition and determine what
would and would not be taxed. In this case, some retailers will restore or increase
a tax on certain items and eliminate tax on others. Although the ordinance does
not become effective until January 1, 2009, and without the emergency clause
it would be 30 days from now, and it would be more difficult for the retailers
to have "that certainty" that they need to start the process. This
30-day window would give everyone involved more time for the ordinance to go
into effect, and to spend what's needed to make the necessary changes for implementation.
Councilman Anderson feels that some appreciation should be given on both sides
of this equation. He noted some issues of concern have been expressed in regards
to Section 3 and Section 5. In this community, there have been some contentious
issues that have somewhat polarized people, and said issues may never go away.
However, he feels steps have been taken in order for individuals to mend a little
of that rift, which for a community, he feels is important. To the community
as a whole, he thinks what's most important tonight is that a compromise is
on the table. It is not something he would choose naturally, because he's not
supportive of tax increases in any format. Nevertheless, this compromise tonight
is so important that the "fabric of the community can be sewed back together,
at least a small step." He extended thanks to Mayor Murphy, and noted that
this is a step of statesmanship on his (Mayor's) part. He also said that if
somewhere down the road things go afoul, we can all point fingers, and he feels
that those who said "the signatures is the easiest one to collect"
will probably carry two petitions-one to repeal the grocery and one to repeal
this entire Council. He will work hard to make sure nothing steps in the way,
and he thanked all parties involved for their participation.
Councilwoman Kellen said in terms of the severability provision and as a practicing attorney, she can clearly say rarely does she have an agreement where there is not a provision to either make everything separable, or in this case, put it together, and this is for a specific reason. Speaking from a lawyer's perspective, who's job is to look at the worst case in every situation, and point out in everyway whatever could go wrong, and then write it into an agreement so that you're covered for that contingency. Notably too, just because you put it in there and because there is a one-in-one-million chance that it might happen, does not mean you rarely think it's going to happen. Thus, understanding that about this provision, she does not want to read more into it than what is there. From her perspective, she supports the repeal of sales tax on food, because it is a regressive tax, and it (tax) is hard for people. However, by the same token, she would have a hard time supporting it without some comparable measure to make up for that lost revenue. The citizens of this community demand certain services-she does not want to cut senior services or layoff employees, especially in this very difficult economy. Therefore, finding a balance is crucial to her support of this ordinance, and she does indeed support it.
A motion was made by Councilman Peterson and seconded by Councilman Quinn, to adopt Ordinance O-2008-11 as amended on second and final reading.
Mayor Murphy said this is a great success story, and he thanked all involved.
Councilman Quinn said he's been studying this issue for sometime, and this ordinance is particularly persuasive in that the recommendation of the Ad Hoc Committee was unanimous. Persons serving on the committee were from a variety of different political affiliations and philosophical viewpoints. Also, the findings from the committee showed there was a clear and growing trend against grocery taxes as a method for producing revenue for municipalities, because of the disproportionate impact of this progress tax on the lower income and the elderly. He's had personal experience with this because he represents working people on a daily basis, and has seen first hand what the conditions are. Additionally, food prices for consumers are clearly on the rise due to a variety of factors. He feels that this is a logical public policy solution arrived at through a fair and open democratic process, and he too, thanked all involved.
Councilwoman Koop said she supports this ordinance. Everyone she's talked to
about it is in favor of it, and repealing the sales tax on groceries may bring
more business to the City of Lakewood
Councilwoman Stack said it took some three years and several thousand signatures
(which now cannot be used), to get this done. She said "thank you"
to all who worked on and signed the petitions.
Councilman Peterson offered appreciation and congratulations to Mayor Murphy,
the Ad Hoc Committee, and City staff. This is a very complex issue that required
much research and time from all. He said this is a perfect example of how difficult
problems can have elegant solutions when you're willing to do the work, forget
the rhetoric, roll up your sleeves, get down and wrestle with various opinions.
He feels that this resolution is good for the citizens of Lakewood, the community,
and it's the right thing to do for the right reasons.
Vote: Ayes: 10 Nays: 0 Absent: 1 The motion passed unanimously.
Mayor Murphy recognized Boy Scouts Troop 47.
ITEM 14 - GENERAL BUSINESS
Item 8, Item 9, and Item 10 - were pulled from the Consent Agenda for discussion.
ITEM 8 - RESOLUTION 2008-40 - ESTABLISHING A PROCEDURE FOR REMOVAL BY THE CITY COUNCIL OF MEMBERS OF THE CITY'S BOARDS AND COMMISSIONS FOR CAUSE
Councilwoman Stack said she is against putting something in the form of a Resolution
that can be handled as a rule or something done internally, therefore she will
vote against it.
A motion was made by Councilman Peterson and seconded by Councilman Quinn,
to adopt Resolution 2008-40.
Vote: Ayes: 9 Nays: 1 (Stack) Absent: 1 The motion passed.
ITEM 9 - RESOLUTION 2008-41 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO DEPARTMENT OF TRANSPORTATIN TO
RECEIVE A FEDERAL AID GRANT FOR THE UPGRADE OF THE COMMUNICATIONS PORTION OF
THE CENTRAL TRAFFIC SIGNAL COMPUTER SYSTEM
A motion was made by Councilman Peterson and seconded by Councilwoman Baroway,
to adopt Resolution 2008-41.
Councilman Anderson said Item 9 and Item 10 are Intergovernmental Agreements
that works towards improving the traffic flow system. He said the Council has
not had a policy discussion regarding surveillance cameras and he has concerns
about them in the City of Lakewood. He feels that policy discussion and how
to review surveillance cameras should be done by Council.
Councilwoman Kellen said she too feels the need for a policy discussion at some
point. There are some great uses for cameras, but she does not want to live
in a society where we're being watched for everything we do. It will be useful
to have a Study Session in the future to talk about our intended uses and what
limitations, if any, we want to impose.
Mayor Murphy said Item 9 and Item 10 are specifically in relations to traffic
movement cameras-they are not surveillance cameras, and they do help with the
stream of traffic. In reference to policy discussion about surveillance cameras,
Council was on a tour of the Emergency Operations Center a few weeks ago and
during that time, he said at some point, this or another Council, will need
to have a policy discussion. He still agrees with that, but that is not what's
been voted on tonight.
Councilman Anderson referring to Request For Council Action (RFCA) on Resolution 2008-41, said this ordinance deals with both types of cameras.
Mr. Rock clarified that these are not police surveillance cameras-we're simply
trying to deal with accidents at intersections.
Mayor Murphy agreed and said there is a need for a policy discussion at some
point and time regarding surveillance cameras.
Jim Richey, Traffic Operations Manager, Traffic Engineering, City of Lakewood,
said as a matter of clarification, Councilman Anderson is correct, we do have
video surveillance cameras and video detection cameras. Detection cameras are
to look at traffic and to say when a vehicle can "go". The surveillance
cameras are tied into the Metro-Wide Fiber Ring, which takes all the camera
images that we see and send them to COTRIP (website for the Colorado Department
of Transportation). This is to see where traffic is moving in and around the
City, and we, along with the City and County of Denver, are contributing to
adding cameras to their surveillance system so we can watch traffic.
Vote: Ayes: 8 Nays: 2 (Anderson and Stack) Absent: 1 The motion passed.
ITEM 10 - RESOLUTION 2008-42 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO
A CONTRACT WITH TRANSCORE ITS LLC FOR THE PURCHASE OF SOFTWARE AND HARDWARE
FOR THE UPGRADE OF THE COMMUNICATIONS PORTION OF THE CENTRAL TRAFFIC SIGNAL
COMPUTER SYSTEM
A motion was made by Councilman Peterson and seconded by Councilman Quinn,
to adopt Resolution 2008-42.
Vote: Ayes: 8 Nays: 2 (Anderson and Stack) Absent: 1 The motion passed.
Mr. Rock said if the Council wants a study session on traffic surveillance
cameras, Staff would need some guidance.
Mayor Murphy said yes, if Council wishes to have the discussion soon.
Councilwoman Kellen said she may need to take the Public Works tour again because
some of that information was discussed during the tour, but she does not remember
all that was discussed.
ITEM 15 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous
meetings and events and announced upcoming neighborhood meetings and events.
Also, Staff is to look into how parks and open spaces are zoned in the City of Lakewood.
ITEM 16 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 8:20 p.m.
Submitted by:
Margy Greer, City Clerk
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