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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 7:25 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
Diana Allen
Doug Anderson
Cindy Baroway
Karen Kellen
Sue King
Debbie Koop
Adam Paul
Ed Peterson
Tom Quinn
Vicki Stack
Others in attendance: Mike Rock, City Manager
Tim Cox, 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 and a moment of silent prayer was observed.
ITEM 4 - PRESENTATION -- JeffCo R1 Schools 2008 Bond Issue
(This item was removed from tonight's agenda.)
ITEM 5 - RESOLUTION 2008-63 -- APPOINTING MEMBERS TO THE LAKEWOOD VICTIM ASSISTANCE COMPENSATION BOARD
A motion was made by Councilwoman King and seconded by Councilman Peterson to appoint George Proffitt and Stephen R. Hall to their first terms on the Lakewood Victim Assistance Compensation Board; serving from October 1, 2008 to September 30, 2011.
VOTE: Ayes: 11 Nays: 0 The motion passed unanimously
ITEM 6 - RESOLUTION 2008-64 -- TO REAPPOINT A MEMBER TO THE LAKEWOOD HOUSING
AUTHORITY
A motion was made by Councilwoman King and seconded by Councilman Peterson to
reappoint Robert Sandridge to a second term on the Lakewood Housing Authority;
serving from October 1, 2008 to September 30, 2013.
VOTE: Ayes: 11 Nays: 0 The motion passed unanimously
ITEM 7 - PUBLIC COMMENT
Mayor Murphy updated the public on the Coyote Gulch ball field that was discussed
at the last Council meeting. Council directed staff to work with the public
in regards to notification and open house schedule so that discussions can begin
about the design/alignment of the ball field. He said a public open house is
scheduled for 3:00 - 7:00 p.m. on October 22, 2008, and more than 3000 post
card invitations will be mailed to announce this date. Three alternative ball
field designs will be presented at the open house and they will also be posted
on the website for comment. Additionally, a dedicated voicemail line for comment
will be available as well. Persons can call (303) 987-7787 or submit their comments
via email at www.coyotegulchbf@lakewood.org. Beginning next week and leading
up to the open house, there will be signs at the site of the proposed ball field,
and information will be placed in Your Hub, at numerous recreation centers in
Lakewood, and on Channel 8.
Mayor Murphy asked for public comments.
Newt Vaughn, 8663 W. Hawaii Drive, Lakewood, CO commented on the election season,
and he mentioned that there are a lot of issues, county and statewide, on the
upcoming ballot. He urged all to take a strong look at what's going on and if
they do not understand an issue to vote "no".
Jere Campbell, 135 So. Garland Street, Lakewood, CO lives close to Cedar and
Kipling where there is big ball park, and all along Cedar are "No Parking"
signs. However, parents don't respect the signs, and she's concerned that an
accident might occur because parents park on both sides of the street. She is
requesting that either the signs be taken down or enforced so that there are
no accidents involving children, and that we're setting good examples for them.
She's reported this to the Police Department for enforcement, but nothing is
happening.
Randy Little, 10590 W. Dakota Avenue, Lakewood, CO, Chairman, Commission for
Inclusive Community, said due to family illnesses, he is stepping down as chair
of this committee. Also, he is resigning as Chair of the Business Committee,
but he will continue to stay on the Commission as a business member. He said
the Commission is a very worthwhile organization and encouraged those who would
like to, to join and become more involved with the City of Lakewood. He extended
thanks to all for their support.
Mayor Murphy extended thanks to Mr. Little for his work on the Commission and
agreeing to take on the role as chairman in getting the group started.
Carol Tarpley, 333 S. Pierson Street, Lakewood, CO, said the City Attorney stated
that the code is based on constitutional law. She asked that this be explained
to her. If it cannot be explained, she feels that City employees are guilty
of the crime of armed invasion and theft. She wanted to know the part of the
Constitution that sanctions harassment, terrorism and invasion of her private
property. She said her back yard was totally enclosed and nothing on her property
ever interfered with anyone else's freedom nor was anything ever blocking any
public thoroughfare, and there was and still is, no public access to her back
yard. She noted that City employees violated the 4th through 8th amendments
to the US Constitution, which included being served with an illegal warrant.
The Colorado Constitution Article 2, Section 3, Section 7, Section 14, Section
15 and Section 25; several Colorado statues, i.e. 18-8403 Official Oppression;
13-14-01 Abuse of the Elderly; 18-9-111 Harassment Stalking. She said portions
of these statues apply to the malicious actions Lakewood employees did to her,
and that they also violated the Declaration of Independence in the ongoing harassment
and subsequent invasion of her home. They broke several laws such as trespassing,
invasion of privacy, etc. Copies listing said violations will be given to the
City Clerk for distribution to Council members. She asked for immediate restitution
and compensation for the crimes committed against her and permanent and immediate
removal of illegal liens placed on her property.
Steven Dunner, 333 S. Pierson Street, Lakewood, CO said invasion of Mrs. Tarpley's
property was more or less "a planned assassination " by the City officials
in Code Enforcement. He recorded a meeting where Code Enforcement officials
threatened him. Said recording will be sent to the State and the Office of the
District Attorney.
Brian Wareing, Applewood, CO , said there are some 180 people who have not
been notified that they are "on the hit list to have parts or all of their
property taken away from them" by RTD, who has never bothered to acquire
indemnification for most of the major railroads in the area. He feels that we
have a real problem at City Council with its inability to honor and obey the
Constitution as it is written. The City Attorney in a conversation with him
(Wareing) said the Code was within Constitutional law. He would be interested
in knowing how the Constitution-a permanent restraining order on the actions
of the government against the people-could be within that code. How is it within
the code that you can perform an "armed robbery" against a woman's
house and still be within the Constitution? When similar questions were asked
of the City of Lakewood, their response to nine of the ten questions was that
they had no information available. This was told to us by one of the most inexperienced
persons on staff who still charged Mrs. Tarpley $35 for her inexperienced answers.
As he sees the situation, until the City Attorney is able to justify any of
this constitutionally, then the City Council would also be guilty of the same
"armed invasion and theft" and , therefore, causing the people of
this community (your bosses) to also be responsible for those activities.
Gerald Lopez (said his address is on file) stated that he does not feel sorry
for the banks that are going under. He feels sorry for the people who are working
hard to keep their homes--they are the ones who need help. He asked that government
help the people first. He also stated that taxpayers are tired of bailing out
RTD, who should learn to control its money or "fire all the big shots and
start over." Additionally, he extended thanks to Excel Energy for cutting
down trees near power lines. RTD should also stop taking peoples properties
and businesses.
Joe Sanchez, resident of Ward 4, complimented Councilman Anderson for voting
"NO" on various issues tonight and encouraged him that it's possible
he is the right voice. He said when he was running for City Council, he could
not remember any instance where the Council overturned an issue that was brought
forward by Mike Rock. He questioned the Council-what is your purpose? Is Mike
Rock always right with his agenda and the issues he brings forward? He asked
Council to 'please check your conscience' and vote the way the people would
want you to vote.
Public comment was closed.
Councilman Anderson extended thanks to Mr. Sanchez for his comments, and said
he will continue to give voice to his opinions as he sees them.
Councilwoman Stack spoke about the Betterment Projects, which are not helping
RTD, as some may believe. The Betterment Projects, done by the City of Lakewood,
are enhancements for the neighborhoods, to give the citizens in the community
something better than "just a track" and that's what we'll end up
receiving with RTD moving forward as they are doing. If RTD does not move forward,
neither will our Betterments.
CONSENT AGENDA
Consent Agenda Items 8-12 were read into the Record by the City Clerk.
ITEM 8 - RESOLUTION 2008-65 - APPROVING THE 2009 OPERATING PLAN AND PROPOSED
BUDGET FOR THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
ITEM 9 - RESOLUTION 2008-66 -- UPDATING THE CITY OF LAKEWOOD THREE-MILE PLAN FOR ANNEXATIONS
ITEM 10 - RESOLUTION 2008-67 -- AUTHORIZING THE COOPERATION AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE LAKEWOOD REINVESTMENT AUTHORITY REGARDING THE RTD STATION BETTERMENTS
ITEM 11 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting July 28, 2008
ITEM 12 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Liquor and Fermented Malt Beverage Licensing Authority Meeting, August
28, 2008
Lakewood Commission for an Inclusive Community, August 20, 2008
Mayor Murphy asked for public comments.
There were no public comments.
Councilman Anderson said he wanted to remove ITEM 8 - RESOLUTION 2008-65 - APPROVING THE 2009 OPERATING PLAN AND PROPOSED BUDGET FOR THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT and ITEM 10 - RESOLUTION 2008-67 -- AUTHORIZING THE COOPERATION AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE LAKEWOOD REINVESTMENT AUTHORITY REGARDING THE RTD STATION BETTERMENTS, for separate vote.
Mayor Murphy said Item 8 and Item 10 will be removed from the Consent Agenda and placed under General Business.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to approve Council Minutes, accept all minutes for Boards and Committees, to adopt resolutions, all of which are included in the Consent Agenda Items, for the record and introduced by the City Clerk excluding ITEM 8 - Resolution 2008-65 -Approving the 2009 Operating Plan and Proposed Budget for the Alameda Corridor Business Improvement District, and ITEM 10 - Resolution 2008-67-Authorizing the Cooperation Agreement Between The City of Lakewood and the Lakewood Reinvestment Authority Regarding the RTD Station Betterments
VOTE: Ayes: 11 Nays: 0 The motion passed unanimously
ORDINANCES ON SECOND READING AND PUBLIC HEARINGS
Mayor Murphy said Item 13 and Item 14 both relate to the 2009 Budget, thus, the public hearing for both will be done simultaneously, but Council will vote on them separately.
ITEM 13 - ORDINANCE O-2008-24 -- LEVYING TAXES FOR THE YEAR 2008, TO DEFRAY THE COSTS OF MUNICIPAL GOVERNMENT OF THE CITY OF LAKEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009
ITEM 14 - ORDINANCE O-2008-25 -- ADOPTING A REVISED BUDGET FOR THE YEAR 2008 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, 2009, AND ENDING ON DECEMBER 31, 2009, 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, AND SETTING FORTH THE APPROPRIATIONS FOR EACH FUND
Mayor Murphy noted that this is the third televised event regarding the budget. (First time was on August 18, 2008; second time (first reading ordinance) was on September 8, 2008).
Larry Dorr, Finance Director, said there is no new information regarding the budget. What was presented previously to Council is what staff is proposing for approval. However, here have been adjustments to courses of actions. He noted that the budget process for the City of Lakewood is a year-round progression where revenues and expenses are analyzed then compared to estimates after the budget is adopted. Much work goes on leading up to some of the first public events regarding the budget. A meeting was held on July 21, 2008 by the Budget and Audit Committee to preview the proposed budget and the initial budget was presented to Council at its Study Session on August 18, 2008. In accordance with City Charter, the first public hearing regarding the budget was held on September 8, 2008. He noted that the budget is designed to do two things: (1) sets the goals and objectives for the organization; (2) it's designed to be a communication device for the public. In line with being a communication device, he said it would be fair to ask, "How are we doing organizationally in communicating?" He showed two public documents that are available at Jefferson County libraries, the City Clerk's Office and on-line. We have forwarded the budget to the Government Finance Officers Association of the United States and Canada, and for the eighth consecutive year, the City of Lakewood has received the Distinguished Budget Presentation Award. That's particularly notable because only 23 cities in the State of Colorado received that award for 2008. He noted specific requirements in regards to adopting the budget, and said this budget meets all requirements with the final one being done tonight, i.e. final budget to be adopted no later than November 1, 2008.
He gave a review of the General Fund Audit, and noted that revenues exceeded budget by some $850,000. Expenditures were under budget by some $2.2 million; and the initial budget called for an increase in reserves of $158,000 - all are favorable in terms of adding to the City's reserves, and reserves increased by a little more than $3.2 million. He showed a chart that indicates how the City of Lakewood measures in comparison to other cities in the regional in terms of reserves, and the 2009 proposed budget will add to the reserves. He noted that economic development drives increasing revenues and makes continued services at the City possible. However, we will experience an increase in costs of materials to keep the streets maintained. He spoke briefly about City improvements that include City intersection countdown, construction below Wadsworth that will have a pedestrian and bike underpass below Wadsworth (Weir Gulch), and the new intersection at C-470 and Alameda. For 2009 there will be intersection improvements at Colfax and Youngfield, Colfax and Simms, and Colfax and Kipling. He showed pictures of park improvements at Carmody Pool and Ray Ross Park. The presentation also noted proposed budget updates for 2009.
Mayor Murphy asked for public comments.
Newt Vaughn, 8663 W. Hawaii Dr., Lakewood, CO, asked for 'transparency of government'. A good example is that he received copies of credit card statements. He's O.K. with credit card use for "essential things" for the City. He listed items that were purchased with a City credit card that he feels is not appropriate use. Such costs are at the expense of the taxpayers, and employees should not think that creating such is an entitlement.
Fred Clifford, 11405 W. 17th Place, Lakewood, CO, said he agrees with Mr. Vaughn and the need for a transparency of government. The budget is available for anyone to review, and it would be nice if the expenditures items were also online and accessible to any resident to review at any time. He feels any frivolous items would be lessened if residents of the City of Lakewood had the capability to 'check things out'. He mentioned a 2006 expense - "Take Your Kids To Work Day"-- $195.89 to Lucky Strike Bowling Alley for meals and bowling. He feels such expenses should be readily available for citizens to look at any time. Also, he asked that Mr. Dorr address what's in the policies and procedures that provide incentives for frivolous spending.
Frankie MacDonald, 364 S. Quail Street, Lakewood, CO, said she had copies of the City of Lakewood's Visa Card Purchasing Policy. Said policy is vague in a lot of things - i.e., "The purchasing card program can help reduce the use of petty cash, cash … for small dollar purchases". She feels the purchasing policy is too vague and should be more specific. She asked if bowling is something City staff does in addition to getting ice cream several afternoons each week. She said charges should be defined, and it appears that City staff is spending money because it's free. As taxpayers in the City of Lakewood, she feels an accountability is needed by those who are spending this money.
Shawn Hennick, Ward 5, said he had copies of the City's credit card statements, and wanted to know how the items purchased for Wellness Week helps the taxpayers of Lakewood and not hurt them. He gave an example of $300 spent for "Holiday Hold'em Cooking Class". Gift cards were purchased for drawings during Wellness Week- $500; luncheon at Bel Mar - $974.11. He said citizen's taxes should not be used for City staff luxuries.
Dan Jensen, Ward 3, President of the Belmar Civic Association, said he also had the opportunity to review about one-third of the 2007 credit card statements, and noted that there are thousands of purchases for food, flowers, gifts and very inefficient spending. This is totally unacceptable, and giving a conservative estimate, the expenses are close to $100,000 worth of food expenditures for the City of Lakewood employees, and all are labeled as meetings. Taxpayers are paying City employees' wages and then paying them to go out to eat because a lot of the meetings take place between employees in the same department. This definitely has to stop. Also, he wanted to encourage the City to consider opening up the City's books, posting them on the Internet to let the citizens of Lakewood see how their tax dollars are being spent. This will help the City to become more efficient, stop the wasteful spending, and rebuild trust between the citizens and elected officials. He urged each Council Representative to get a copy of the statements for review to see the inefficient spending that's taking place with the City of Lakewood's credit cards.
Joe Sanchez, 13248 W. Montana Place, Lakewood, CO wanted to remind Council that the citizens of Lakewood are at the top of the organization chart. The citizens elect the Mayor, members of City Council and they hire a City Manager, who in turns hires city staff. He, too, reviewed the credit card charges and was told there is a procedure in place on how to and how not to charge. But in looking at the charges, it appears that anything can be charged, i.e., someone purchasing a laser pointer for $60; a membership at USA Gymnastics for $20. City employees invite other city employees to have coffee, etc. at the City's expense. We are paying City employees a very healthy salary, i.e. City Manager, $265,000-$270,000. There are many department heads who are earning over $100,000. They can afford their own food and coffee. He asked how many Council members actually looked at the charges to see how they "can cut out the fat?" He wanted Mr. Dorr to explain how contractors are selected for the high-cost construction jobs for the City.
Dorothy Wisecarver, Ward 1, Lakewood, CO, said three minutes does not allow enough time to go through all the food/meal expenses on City credit cards of which she has questions. She cited examples of City employees -some in the same office/room-having lunch together and charging the citizens for it. She gave several examples of various food charges by City employees, and said she's not aware of any private company that allows such a generous food expense, let along a city government whose income depends almost entirely on tax dollars in some shape or form. City offices are the places where city business should be discussed during working hours. Food expenses have shown up in grant expenses-who in the City has oversight for these grants? In 2007, approximately $83,700 was spent in food in the grant system. Some maybe justifiable, but she wants to make sure that all of it can be justified. "Transparency" is a buzzword that's being used in all areas of city government and all politicians. The City of Lakewood can make it a reality and start "transparency" by reviewing city policy regarding credit card expenses, and by coming up with a satisfactory explanation to struggling taxpayers that justifies why they are feeding certain staff members so often and so well on taxpayer dollars. We look forward to your answers and would like them soon.
Natalie Menten, Ward 5, Lakewood, CO said they have been pulling public records for the last few months and we have taken our hard-earned money to pay for said records, and presently, we are close to $200. This has also taken a lot of our time. The people who've seen the records have a great interest in looking at the expenditures and wondering whether our money is being spent appropriately. A review of the credit card statements, make it obvious that the money is not being spent appropriately. We've heard and would like the City of Lakewood to bring "transparency" to government and to the list of core beliefs for the budget system. Also, we would like the City of Lakewood to follow what Jefferson County is proposing to do, along with other large government entities in Colorado that are looking to put "transparency" online. She said the Citizens Coalition support "transparency" 100% in putting the City's checkbook online, not only the credit cards but also the actual checkbook. Said coalition believes that with the possible passing of Amendment 54, this will be a natural lead in with the City credit card and checkbook being online. She said if the Council does not proceed with this, the Coalition will because they are 100% committed to doing this. The Coalition wants this to happen with the State of Colorado on down to special districts. If the City will lead, the citizens would like to have input to make sure that it includes things that will bring more trust from citizens on where the money is going.
Max Tyler, 6th and Wadsworth, Lakewood, CO, said he's very appalled that people feel something is wrong with spending $195 for staff/staff morale, when in 2006, 2007 and 2008 the City perhaps spent some $400 million. He ran a business for several years with some 25 people employed, served as a consultant for other businesses, and what he's heard tonight would be appalling low-staff morale budget, and an appalling low-payoff for some lunches, celebrations. Employee celebrations and the like are huge for improving morale and productivity. If people were to spend months and months of time examining hundreds of millions of dollars of budgets and come up with a few hundred dollars here and $20 there, he feels is a very impressive commendation to the City for "running a tight ship" and keeping their staff in good shape. One other he found in running a business and consulting with other businesses in process re-engineering to determine productivity and effectiveness is how incredibly expensive it is to go after that last one one/hundredth of a percent out of the budget, and if you want to spend $10 to save $1 you can do that. He feels that the City of Lakewood has demonstrated that and the citizens should know it, because the citizens have decided at elections, time-and-time again that they really like the direction the City is going. We live in a wonderful City and as you look around at other cities/towns that are struggling with their budgets or not doing nearly as well as Lakewood in terms of providing a wonderful environment, a wonderful place to live, a conservative/effective budget in development, he is proud of what this City has done over the last six years. If you look at hundreds of millions of dollars, and if you can find a couple hundreds of dollars worth of waste, that's pretty good and better than almost any private enterprise you'll find.
There were no more public comments on Item 13 and Item 14.
Mayor Murphy asked Mr. Dorr about the two-percent increase in revenues for next year and the City's ability to adapt to changes in revenues.
Mr. Dorr said the City has much experience with up and down economy in its 39-year history. Example, in 2001 when the unfortunate tragedy happened on September 11, there were very significant adverse financial conditions at the City, in the State of Colorado, and throughout the country, i.e. airlines filing bankruptcy and other negative circumstances. He feels the City has the ability to work very quickly when circumstances appear to be sustainable over a long period of time. He said the City has enough reserve to weather economic ups and downs in the short run. It's when the long-term changes appear to be continuing over the long haul that the City needs to make changes. Example, in 2003-2004 when revenues were not developing as planned, the City Manager and Finance Director were able to present to Council changes to the budget that would respond to those negative conditions in the economy. He still feels that the outlook and projections should not change and that they are reasonable on face value, and should circumstances change, Council would hear from him, the City Manager and the Budget and Audit Committee immediately. We want to check to make sure if the circumstances are going to be negative for a long period of time, so much so that the City would have to adjust its services and/or capital projects. Thus, based on the recent news, there's no need to change any of the revenue forecast for 2009. However, if circumstances change, as a City we would make adjustments accordingly.
Mike Rock, City Manger, noted that sales tax on food for home consumption is eliminated effective January 1, 2009, and this has been accomplished without a reduction in services by using our reserves and other items.
Mayor Murphy's response to a public comment regarding purchases during Wellness Week, was yes indeed, the City of Lakewood invests in wellness. One of our most rapidly increasing costs is in the area of benefits and to the extent that we can encourage our employees to individually and collectively practice good health, it actually saves taxpayers money.
Councilwoman Allen as a member of the Budget and Audit Committee, she wanted to note that the total City budget this year is about $157,000,000, and of that about $98,000,000 is General Fund. By in large, Public Works and the Police Department take most of that amount (PW-$45,000,000 and PD-$39,000,000) and then there's Community Resources ($27,000,000-recreational centers, parks, etc.) and all the other departments are at the $1,000,000 level. We are a service organization and employees are the most expensive things to lose and replace. Therefore, spending a couple of dollars on promotion activities, is a good investment if it will make your environment where people want to stay. In regards to their salary and benefits, it's pretty cut-and-dry - we do surveys of salaries in other municipalities in the metro area and develop a range of pay and employees are paid within that range in hopes of keeping them. She understands that people don't want to see tax dollars wasted, but she feels that purchases of food for a promotional party, etc., is small price to pay to keep your employees. In Lakewood, we pay three percent city sales tax, and of the 34 metro area communities, only three communities pay less than three percent in municipal sales tax, and 22 of the 34 pay more taxes. Thus, what one gets for the dollar in Lakewood is very good. In regards to credit card spending, everyone was encouraged to use credit cards because of accountability and transparency. The people who spoke about the items charged, is a perfect example of transparency. All of this information is a matter of public record, and if someone wants to know what every department spends on everything, they can request it. She's encouraging employees to continue to use their credit cards because of the accountability.
Councilman Paul said this was his first time on the Budget and Audit Committee, and as a small businessman, he feels comfortable in saying that the projections for growth are very conservative -we all know the state of the economy. We adding one position to the City this year and also adding to the reserves. He feels that we are in a good position and in any organization there is waste. He wanted to know if there were any incentives for departments to come in under budget and if we are in compliance with the credit card spending.
Mr. Dorr said a more direct question was asked in regards to the allotted budget-does it allow for frivolous spending? The answer is no. The Budget Document goes more into detail about the budget process and various activities therein. The City does not have a policy of "use it or loose it". So there's no incentive to spend the allotted budget for office supplies, etc. He added that due to some of the rigorous management controls and taking a careful look at expenses, that for the year 2007 the actual spending was some $2.2 million less than budgeted. Additionally, he feels that the purchases made are in compliance with the credit card policy, which is more than 12 pages long and describes all the necessary approvals that occur within the process. Internal auditing also takes place in regards to card activities, and the City also earns rebates (some $100,000 a year) by making purchases via credit cards. He said this is not unusual - Jefferson County and the State of Colorado use procurement card systems.
Councilman Paul added that through contact with citizens, they would like to see more charts/graphs showing the financial side of the City throughout the year. It's a conservative budget this year-we have reserves, and he encouraged anyone who would like to join the various committees to do so and be a part of city government.
Mr. Rock said Staff would be happy to work with the Budget and Audit Committee to look at what would be most useful and how to present it to the public, i.e. graphs/charts conveyed through Looking At Lakewood or some narrative fashion.
Councilwoman Stack said she's also a small business owner, and any charges her employees place on credit cards for lunch are reimbursed. She wanted to know the City's policies for meals, i.e. if employees are in the same department why would there be a need for meetings outside the office and with meals? Also, she wanted to know if grant dollars could be used to purchase food.
Mr. Rock said yes, grant dollars could be used to purchase food. Staff goes through a variety of reviews and audits for all federal and state grants. We receive guidelines at the beginning, we sign an agreement stating that we will abide by all guidelines, all expenditures are submitted and there's an audit at the end.
Mr. Dorr added that some grants require the purchase of food, i.e. childcare activities.
Councilwoman Koop wanted to know how many employees have City credit cards.
Mr. Dorr said there are about 350 cards. Not all employees have City credit cards, just those who would purchase goods/services for the benefit of the City, and roughly that's about 30%.
Councilwoman Koop said in looking at the Policy -- page 4 Built-In Restrictions under "A"-- it notes a monthly credit line of $10,000 or $20,000, and she wanted to know if that was the amount per card or per department. She had not read the document nor has she seen these transactions before, but she is interested in looking into it more.
Mr. Dorr said there are built in restrictions, i.e. no City purchasing card has the capability to make a cash advance. Also, there is the ability to restrict both, the monthly line of credit and the per item limit. They are reviewed annually and adjustments are made accordingly. The Fleet Manager purchases some $150,000 a month in fuel on the card-it makes sense and it's earning rebates for the City. His card limit is higher and his card activities are audited every year. Thus, the line of credit is based on the nature of the job, and is adjusted based on the cardholder.
Councilman Anderson extended thanks to Natalie Menten and others who took their time to show interest in city government to the point of spending their own money to get certain documents. He asked if Council would be interested in reviewing the idea of a more open online process-in the interim making it something where we don't charge the fee under the Freedom of Information Act on these specific Visa bills on a monthly basis for the next 12 months. He thinks it's a good thing when citizens want to look at their government. Also, if the economy continues to deteriorate, what would the process be to review budget cuts as a Council-what would be the triggers if we see Christmas sales tax numbers that are two-three percent lower? Additionally, as a policy making body, we could start prior to the first of year putting together some "what if" scenarios i.e., if we see a two-four percent drop in sales tax at Christmas-what's going to be our initial response.
Mayor Murphy said when the time comes for us to take a look at any potential cuts that is a decision that Council is involved in because it's a policy decision. As policymakers we don't necessarily have to see every management decision that's made, but we would be at the table to talk about the implementations of any potential budget cuts. In terms of triggers, we get monthly financial updates and we don't have a set policy as far as one percent or five percent. In answer to Mr. Anderson's questions, he suggested that these are matters that can be remanded to the existing Budget and Audit Committee to take a look at the transparency issue and the matter as to whether or not we should have a set trigger - he wants to remain flexible.
Mr. Rock said as the Finance Director and the Council's Budget and Audit Committee review the regular financial statements, which is the first level of review, normally, what occurs is depending on the prognosis if it's a short-term issue or if it's likely to be a long term issue, alternatives are prepared for Council's review. With short-term financial difficulties, usually the first line of defense is deferral of expenditures-we can defer certain expenditures into the future and we could reduce street overlay programs, things that would carry us through a difficult period. If Council concludes that these are long-term/more permanent financial shortfalls, then we start to look at program reduction or elimination, and some Council members have had experience in this regard. A packet of alternatives is presented to Council and depending on the severity, it may involve public meetings/hearings. It's an incremental process where the Finance Director and the Budge and Audit Committee work together to track financial trends.
Councilman Anderson said he will vote no on the budget. He finds offense on each level of this budget. He said if previous City Councils over the last 40 years had put aside $2,000,000, we would be 10 years past this problem. He feels that the too often budget priorities tend to go to too many other things, i.e., in the LRA meeting tonight, we spent $2,000,000 on a bridge betterment situation. He said it's important, but not as important as this year's $2,000,000 in sidewalks. His priorities are and will remain, first and foremost--in the Police Department; second priority is Public Works for good streets/sidewalks. He feels that everything else comes into the "if we can afford it category". He said last year in 2008 when it came time for a shifting in budget priorities we went from $1.6 million on sidewalks down to $6,000,000 without any discussion by Council, and that's why trigger points and Council's role as a policymaker in this discussion are important. We need to jump in there.
Councilwoman Baroway said as a member of the Budget and Audit Committee, she wanted to extend thanks to Mr. Dorr and Mrs. Hodgson for their help in getting the Committee through the process. In regards to the credit card inquiries, she wanted to know how long has the credit card process been in existence, and how often are the credit card payments audited and at what level. Also, she wanted to know since the time the City started using credit cards, has incidents of transgression (if any) increased, decreased or stayed the same from the time when there were no credit cards.
Mr. Dorr said the credit card process has been in existence at the City since 1998 or 1999. A variety of matrix goes into play as to when things are audited. It would be challenging to audit every single procurement card every month. All department heads procurement card statements are audited every year; every purchaser of $100,000 or more in a year is audited every year, and as the purchasing per year shrinks, there is a sample or percentage that is audited. Our internal audit process completes some 50 audits per year. He did not have the exact numbers in regards to credit card transgressions, if any, but based on the description given by Councilwoman Allen, the incidents of transgressions would have decreased because there is more documentation as to where the purchase was made, how much was paid, time of day, etc. Also, the receipt documentation is much greater than it once was for petty cash purchases. From various articles published and instinctively, that the procurement card documentation is at a much greater level, and therefore, he concludes that the level of transgressions has decreased.
Mr. Rock in follow up said the paper trail is much easier to follow with credit cards than when persons were getting petty cash advances-there was no consistent method. Today's method is a very easy process to track and there are a number of levels of review. He noted that there have been transgressions and they were acted on immediately. In one case there was a felony conviction and restitution. There are probably 1000 or more credit card/procurement card transactions per month and the period of the open records request was two-three years, i.e. some 24,000-36,000 transactions. There is a lot of documentation available that goes with each transaction and all of it does not show up on a computer disk.
Councilwoman Baroway indicated that in her corporate life, using credit cards made things easier than the use of petty cash and paper written receipts. Use of credit cards is more transparent because when the statement comes in you can't hide it -- it shows exactly where and when said purchases are made.
Mayor Murphy wanted to remind Council that they are in the process of discussing a $156,000,000 All Funds budget, and a $98,000,000 General Funds budget.
Councilman Quinn said one public comment concerned the selection of contractors under the City's bidding process. He wanted to know if this is an open bidding process.
Mr. Dorr said the question asked was "Are bids sent to a select few number of contractors?" He said bids for projects he reviewed involves a very complex system and it is online. Major contractors are familiar with the Rocky Mountain Government Procurement System where they can look at all projects that are available for bid. Also, projects are announced on the City's website. We put a lot of effort into describing the requirements for bids so that we can get the most detailed bid possible to do the most with the money we have. Additionally, all of this falls under the Purchasing and Procurement Code of the City of Lakewood, which is very clear. In the 2008 Budget, Council expressed a renewed commitment to purchasing policies and procedures by adding a position to the City's Purchasing Department. As with the sales tax election, these projects would not have been possible, and now because they are occurring, Purchasing is now adding more oversight and more control making sure that all of the bids are seen by as many potential contractors as possible.
Councilman Quinn wanted to know what makes a motivated, dedicated and productive employee-is it on salary alone that people do a great job for the City of Lakewood.
Ken Milano, Director, Employee Relations said a research project is done every decade that deals with employee motivation. Almost, without exception, the results indicate that pay/compensation are extremely important but they really are not the motivators. Typically, the environment an employee has when he/she comes to work, the way they are treated are more important factors when it comes to an employee really being productive. Money and benefits are important, but they are satisfiers but they don't drive performance.
Councilman Peterson said he is a small businessperson, a lesson he learned in an almost four year period is that since he started recognizing birthdays and anniversaries, from an anecdotal perspective sales have increased and customer satisfaction also increased. He feels this is a direct response to how he, as a small businessperson, respects his employees who are on the frontline and providing services for his clients. As a City Council Representative, he also respects those on the frontline providing services for the citizens in the City of Lakewood. It is incumbent on the Council as policymakers to make sure that the citizens receive the best possible service for the lowest possible cost, and part of said costs has to do with the culture of the provider base, our employees. From his determination, city employees do a very good job, and in a lot of instances, exceed expectations or go beyond what's normally required, and it's because of the respect they receive. He asked that the Budget and Audit Committee make sure that we are as transparent as possible. Also, he has no problem with someone taking a new employee out to lunch when they first start to work-it's appropriate and proper. He said we should make sure that we have all of our citizens know as much as they possibly want to know about what we do and how we do it. We want to keep in mind that what we're doing is in the best interest of our constituencies and those who provide services.
Councilwoman Stack wanted to know if Lakewood Housing moves by the end of the year, what will happen to the monies that were put aside in the budget for Housing, and if we are severing our ties with Lakewood Housing. Also, she wanted clarification that the purchase of the building was done by the Housing Authority funds and not the City of Lakewood.
Mr. Rock said right now we have Lakewood Housing and Family Services-two different functions-housing authority (a separate entity) and under that same management structure, we also provide family services programs. We do anticipate that there will be a separation at some time after the first of the year. We will retain the family services programs within the City of Lakewood because those they are not under the auspices of the Housing Authority. The Housing Authority will retain responsibilities for their activities. Whenever that would occur and we don't know when, we would simply revise the budget. He confirmed that the Housing Authority - not the City of Lakewood - would purchase the building to be used by the Housing Authority.
Mayor Murphy said before Council is a budget document for 2009 that contemplates spending $98,000,000 in the General Funds and $156,000,000 in the All Funds budget. This document provides services to the citizens of Lakewood, and over half of the General Fund is spent on public safety. Over 70% of the All Funds budget is spent on police, parks, and plowing. This is an organization of over 900 employees who provide service to customers -- 146,000 citizens -- and we do it in an exceptional manner and we measure the performance of our employees. We know how to deal with "lean times" if some forecasts don't come in as 'rosy' as we hope. He's been around for many years and virtually every year, we come in under forecasted expenditures-we know how to manage our money. Also, we have various levels of oversight on our spending as testimony noted. Additionally, we value our employees and some of the ways we express that are by investing in their wellness and celebrating special events. He extended thanks to all City employees for the job they do each day in taking care of the citizens of Lakewood, and to the Department Heads who are in attendance at this meeting.
A motion was made by Councilwoman Allen and seconded by Councilman Peterson, to adopt ORDINANCE O-2008-24 for second and final reading.
VOTE: Ayes: 11 Nays: 0 The motion passed unanimously
A motion was made by Councilwoman Allen and seconded by Councilman Peterson,
to adopt ORDINANCE O-2008-25 for second and final reading.
VOTE: Ayes: 10 Nays: 1 (Anderson) The motion passed.
ITEM 15 - ORDINANCE O-2008-26 - TO REZONE LAND LOCATED AT 10075 WEST MORRISON ROAD AND 10109 WEST MORRISON ROAD, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
Glen Gidley, 8684 W. Warren Drive, Lakewood, CO, representing the property owners who wish to rezone their properties from Residential One Acre to Planned Unit Development to allow for office (general and medical) uses only. The applicants plan to construct a 3-story office building (with basement) that will be just less than 20,000 square feet. He showed pictures of the proposed site and noted that most of the parking is in the rear. Concerns of the adjoining neighbors have been property addressed. The character of the neighborhood has changed and is the basis for this rezoning. All requirements have been met and he asked that this request be approved.
Andrea Thompson, Associate Planner, Development Review Division, wanted to enter into the record, Case No. RZ-07-003 and all of its related documents, and asked that the Lakewood Zoning Ordinance, Subdivision Ordinance, Comprehensive Plan and all of its amendments, including the Neighborhood Plans, and Quarter Plans are entered into the record. Additionally, any materials presented by staff, the applicant and any materials presented at tonight's meeting also be entered into the record along with an email from Mr. Ron Scott, listing concerns to this rezoning request. She noted that the Planning Commission voted unanimously to adopt this proposed request.
Councilman Peterson said, due to his business dealings with property owners Sharon and Robert Campbell in the past, he does not feel comfortable in voting on this case. Therefore, he will withdraw from voting on this item.
Mayor Murphy asked for public comments.
There were no public comments.
A motion was made by Councilwoman Allen, and seconded by Councilman Quinn, to adopt ORDINANCE 0-2008-26 for second and final reading.
Councilwoman Stack noted that the memo from Mr. Ron Scott indicates that the proposed property is up for sale, and thus, in view of this, she wanted to know if Council should consider this request at this time.
Tim Cox, City Attorney, said the applicants are the current owners are authorized to bring the case forward. They've hired a representative to speak on their behalf. So, unless and until it is sold, they are in control of the property and have the ability to process the case. If it sells, they can make arrangements with the buyers to continue forward with the case. It was noted too that if approval is granted, any changes in density would have to go back before the Planning Commission and then come before the Council.
Mr. Rock added that the fact that the property is for sale cannot be a consideration in Council's evaluation of land usage.
Councilman Quinn said our City Comprehensive Plan contains goals and polices intended to promote multi-modal transportation, and in terms of developing this site, he would hope that the owners would provide good bike access. More and more people are opting to ride their bikes to work, and he feels it's an important consideration to have bike racks, good places for people to leave their bikes, etc.
Councilman Anderson said good land use starts with communication and he appreciates the efforts made by the applicants.
VOTE: Ayes: 10 Nay: 0 Not voting: 1 (Peterson) The motion passed unanimously.
ITEM 16 - GENERAL BUSINESS
The Clerk entered Resolution 2008-65, which was removed from the Consent Agenda, for discussion and vote.
RESOLUTION 2008-65 - APPROVING THE 2009 OPERATING PLAN AND PROPOSED BUDGET FOR THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
A motion was made by Councilwoman Allen and seconded by Councilman Peterson to adopt Resolution 2008-65.
VOTE: Ayes: 10 Nay: 1 (Anderson) The motion passed.
The Clerk entered Resolution 2008-67, which was removed from the Consent Agenda for discussion and vote.
RESOLUTION 2008-67 -- AUTHORIZING THE COOPERATION AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE LAKEWOOD REINVESTMENT AUTHORITY REGARDING THE RTD STATION BETTERMENTS
A motion was made by Councilwoman Allen and seconded by Councilman Peterson to adopt Resolution 2008-67.
VOTE: Ayes: 10 Nay: 1 (Anderson) The motion passed.
ITEM 17 - REPORTS
Mayor Murphy and City Council Members reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 18 - ADJOURNMENT
There being no further business to come before the Council; Mayor Murphy adjourned the meeting at 10:08 p.m.
Submitted by:
Margy Greer, City Clerk
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