City Council Study Session Minutes for June 7, 2004 LAKEWOOD CITY COUNCIL
STUDY SESSION
JUNE 7, 2004
MINUTES

ITEM 1 - CALL TO ORDER

Mayor Burkholder called the meeting to order at 7:00 p.m. in the Council Chambers of the Lakewood Civic Center South Building, 480 South Allison Parkway, Lakewood, Colorado.

ITEM 2 - ROLL CALL

Members in attendance: Steve Burkholder Barbara Martin
Cheryl Wise Bob Murphy Jackie Herbst Ray Elliott Tom Booher Debbie Koop Ed Peterson

Absent: Carol Kesselman and Mike Stevens

Staff in attendance:
Mike Rock, City Manager
Roger Noonan, City Attorney

ITEM 3 - PROPOSED ORDINANCE - NON-ALCOHOLIC DANCE CLUBS

Janet Young, Legal Advisor, Lakewood Police Department, stated that a Non-Alcoholic Dance Club ordinance was being proposed due to the problems that have existed at previous clubs which were once located in the city. Currently, the city does not require licensing these clubs. It would be helpful to require licensing procedures and conduct of establishment enforcement. Such establishments do not serve liquor and, therefore, are not subject to the liquor licensing laws and, therefore, are more difficult to monitor and control. Ms. Young stated that these types of establishments bring unique problems relating to safety and law enforcement issues. In Lakewood, such problems have included possession of alcohol, fights between patrons, shootings involving juvenile patrons. Currently, there is no such club operating within the city limits.

Discussions regarding hours of operation, proposed ages of patrons, and various other issues regarding the proposed non-alcoholic dance club ordinance ensued.

City Council asked Janet Young to bring the ordinance forward to a vote at a regular City Council meeting, incorporating changes to the proposed hours of operation, allowable age of patrons, and licensing/enforcement procedures.

ITEM 4 - PROPOSED ORDINANCE AMENDMENT - PANHANDLING
Janet Young, Legal Advisor, Lakewood Police Department, stated that the city does not have a code that regulates begging, unless the person directs his/her begging at drivers or passengers in vehicles traveling upon streets or highways. Although the city cannot, constitutionally, prohibit all begging, certain types of aggressive begging can be prohibited. Aggressive begging usually involves approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrians or vehicles.

There was a brief discussion amongst City Council members. There was consensus that the proposed ordinance was a good ordinance and Janet Young was instructed to bring it before City Council for a vote at a regular meeting.

ITEM 5 - DISCUSSION/DIRECTION - FORMATION OF CITIZEN AD HOC COMMITTEES
Councilman Elliott stated that there needed to be some discussion regarding how ad hoc committees are formed. City Clerk Margy Greer distributed an excerpt from the City Charter that stated ad hoc advisory committees might be created or abolished by resolution or upon motion of the City Council. She also distributed an excerpt from the City Council Policy Manual, which presented the same process, but in more detail. After discussion amongst City Council members, it was decided that this was the best way to form ad hoc committees. City Council agreed that all of City Council should have input into the membership of the ad hoc committees. The words "governing body" was struck from the excerpt from the Council Policy Manual and replaced with "Mayor and City Council." Other minor changes were made to this Policy. Joni Inman, Director of Mayor and City Manager's Office, stated that the City Council Policy Manual would be updated and distributed to City Council for adoption sometime this year.

ITEM 6 - DISCUSSION - REACHING CONSENSUS AT STUDY SESSIONS
Councilman Elliott stated that "consensus" to move forward with a proposed resolution or ordinance during a study session did not necessarily mean that the City Council would be voting "for" the resolution or ordinance at the regular meeting. City Manager Mike Rock stated that there is always time for further discussion during the regular Council meetings and public hearings; however, if there wasn't a majority of City Council wanting to put it on a regular meeting agenda, then there would be no need to do so. Therefore, a consensus to have it placed on the agenda was necessary.

It was stated that items are brought up during the "open discussion" portion of the study sessions that never reach the consensus stage. It was decided that a majority of Council members should let the Council President know if they wish to have an "open discussion" item placed on a future study session agenda.

ITEM 7 - OPEN DISCUSSION
None.

ITEM 8 - REPORTS - MAYOR AND CITY COUNCIL
Mayor and City Council members announced their attendance at various meetings and events.

ITEM 9 - ADJOURNMENT

There being no further business to become before City Council, Mayor Burkholder adjourned the meeting at 9:56 p.m.

Respectfully submitted,
Margy Greer, City Clerk