City Seeks to De-Tabor but Over Collects Property Tax

Guest Post by Mary Janssen

Here we are again! The city of Lakewood is sending out a $73k survey to test the waters if the public is ready to De Tabor again and give up your over paid tax refunds so the city can spend it on their pet projects that they deem important.

After asking how things are going… snow plowing, police response, pot holes, the money spent on new parks (a new majority in Ward 5). They ask you if you would reject them taking more of your money.

One of the questions made me laugh. The one about the Mill levy. If you didn’t know I made a motion last October to decrease the mill levy from 4.7% to 3.85%. This would have decreased the revenue collected by the city to within the charter rule (12.12) which says clearly that property tax revenue must be below 7% growth from previous year.

12.12 LIMITATION ON PROPERTY TAXES. (a) The City Council shall not levy an ad valorem tax on taxable property in the City that provides revenue from such levy in an amount greater than was levied in the preceding year plus seven percent, except as hereafter provided.
From Lakewood City Charter

At a budget meeting I attended The city financial officer Holly Bjorklund was projecting a valuation number that she guessed was going to be the new property valuations. We do property taxes in arrears.

After doing some research on what the city was collecting on previous years since the last De Tabor we found the city was over collecting property taxes one year alone was 18%. Based on this information I thought the citizens deserved a real decrease so that’s how my team and I came up with 3.85. It would have decreased the revenue to around 5%. The city would still be collecting a fair amount and provide the citizens the relief so desperately needed since the other districts i.e. school, Fire, etc. did not decrease their mills.

My team did some calculations and found that based on Holly’s projected valuation number the city would be increasing property tax revenue by 12%.

After getting the real certified valuation number from the Jefferson County Assessors in August the city would have made a whopping 24.5% increase in revenue. That new certified number was never brought up, so I made some papers to inform the rest of council, the mayor and the city manager and the budget committee about the new certified valuation numbers and why we must decrease the mill levy to provide relief to our Lakewood citizens. The only other councilor that contacted me about this was Rich Olver and he decided that based on the research and the facts he would co-sponsor my motion.

I had to announce my motion by council request and was denied the first time so I had to wait till the end of October at the budget approval council meeting, when I was allowed to bring my motion forward, as reported in Lakewood news. I had already provided the other councilors the mayor, the budget committee city manager and staff my findings and why we need to decrease the mill. I put my motion forward and councilor Olver seconded my motion, when out of the blue councilor Barb Franks made an amendment to my original motion to raise my mill levy number of 3.85 to 4.28% in an appearance to make it look like the revenue was neutral. I have an email from Holly Bjorklund the chief financial officer admitting that the city will be indeed increasing the revenue by 12.5% , not neutral.

During discussion about the amendment I cited the charter 12.12 and was told by the city attorney that we were talking about the mill levy reduction not the charter rule about the revenue cap. I was told that in order for the city to go back and look at the interpretation of 12.12 the city would have to be sued.

The 4.28% mill levy amendment was voted on 10-1. I declined to vote for the amendment because #1 it was based on an estimated valuation number not the certified valuation number and #2 I knew that the increased revenue would be above the charter cap.

So based on facts do you think its safe to let the city take your TABOR Refunds?

Mary Janssen

Previous Lakewood City Councilor Ward 5

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