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ITEM 1. CALL TO ORDER
Mayor Burkholder called the meeting to order at 7:00 p.m. in the Cabinet Room of the Lakewood Civic Center South Building, 480 S. Allison Pkwy., Lakewood, CO.
ITEM 2. ROLL CALL
Those present were: Mayor Steve Burkholder, presiding
Council Members present: Tom Booher
Ray Elliott (arrived late)
Debbie Koop
Barbara Martin
Bob Murphy
Ed Peterson
Mike Stevens
Cheryl Wise
Absent: Jackie Herbst
Carol Kesselman
Staff in attendance:
Mike Rock, City Manager
Roger Noonan, City Attorney
Frank Gray, Director of Community Planning & Development
Roger Wadnal, Manager of Development Review & Enforcement
Gayle Spencer, Code Enforcement Supervisor
Sue Piercy, Senior Planner
Ron Burns, Police Chief
John Camper, Commander
Full and timely notice of this Study Session Meeting had been given and a quorum was present.
ITEM 3. PRESENTATION - Proposed Ordinance Changes - Fences & Animal Day
Care
Manager Roger Wadnal told the councilors this proposed ordinance change was back before them again per their request. He explained that since the last time, there have been no major rewrites and the Planning Commission has adopted both proposals.
Planner Sue Piercy gave a brief PowerPoint presentation regarding the proposed amendments to the existing Zoning Ordinance as they pertained to fences and animal day care. She divided her presentation into two parts: fences and animal day care.
Ms. Piercy reviewed the amendment pertaining to fencing first. She explained that zoning issues regarding fences have come up over these past few years. Examples of these issues are: sagging fences; fences missing sections of pickets, fences made out of unapproved recycled materials and/or junk. It became clear to staff that Articles 2 and 8 of the Zoning ordinance needed better clarification to assist Code Enforcement and those individuals pulling permits. Part of the amendment is to include performance-based exception standards allowing for administrative flexibility.
Ms. Piercy reviewed the amendment pertaining to animal day care next. She told the councilors the animal day care business is rapidly growing in the Metropolitan Denver area and Lakewood has nothing on the books to address this usage. The proposed amendment will include definitions of this use and identify zone districts for this type of business. Included in this amendment, as in the aforementioned, is a performance-based exception standard allowing for administrative flexibility. There are two types of animal day care: indoor and outdoor. Each of these will have different standards. One of staff's main concerns is the compatibility of these businesses with adjacent uses.
Mayor Burkholder stated they all had heard a brief overview of these proposed changes several months ago.
Councilman Stevens asked if staff had received any comments or complaints regarding animal day care. Ms. Piercy responded that there is currently one indoor daycare in operation and staff has received no complaints.
Councilwoman Koop asked about animal daycares being allowed in a commercial district adjacent to a residential area and the problems that could arise. Ms. Piercy said the licensed daycare must still comply with the performance-based review. If the permit holder is found to be in violation, their special use permit can be revoked.
Councilwoman Koop asked how complaints about barking dogs would be handled. Ms. Piercy said through our Noise Ordinance and the buffer zones in this ordinance.
Councilwoman Wise said she received a call from an individual who was leasing a property and was interested in an animal daycare and wanted to know how this would apply to them. Ms. Piercy said the use is connected to the property. If the landlord allows the tenant to use the property in this manner, and a permit is issued, it stays with the property even if the tenant moves. The tenant cannot take the permit with them but must reapply at their new location.
There was a consensus to move forward with the animal daycare amendment.
There was an additional question and answer period regarding the fencing amendments. Of particular concern to some of the council members was sagging fences abutting public right-of-way. In some of the older neighborhoods, existing fences are right up against sidewalks. Once that fencing needs replacement, will it have to be moved to setback standards? Ms. Piercy told council members new fencing would need to comply with current zoning standards.
There was a consensus to move forward with the fence amendment.
ITEM 4. REPORTS
Police Chief Ron Burns and Commander John Camper were called forward to address the City Council on the issue of intrusion alarms.
Chief Burns explained to the council members that 95% to 98% of intrusion alarms are false. However, these false alarms make up 10% of patrol's time. The existing ordinance has no impact on false alarms and revenues are not matching their use.
Commander Camper said that "verify alarm response" is being implemented in other states. This is an extreme reaction in response to the rise in false alarms; however, the Police are looking at implementing a modified version of this alarm policy. The modified version has been approved by Metropolitan Police Chiefs and is being adopted in many of the surrounding communities. All intrusion alarms will be aired, however, the patrol supervisor on the street will make the decision to respond. There are certain exceptions: human, panic, motion activated, and certain businesses. Commander Camper gave this example: An alarm goes off at 3:00 a.m. at Radio Shack, it will most likely receive an immediate police response. On the other hand, if an alarm goes off at Home Depot at 7:00 a.m., it will most likely not receive a police response.
City Manager Mike Rock updated the council members on the Infant/Toddler Program cut from the budget. He said the program was started in 1998 to backfill other government programs. Continuation of this program would have had an impact on other City programs. Seventeen of the affected families have found placement for their children elsewhere.
Mr. Rock also told the councilors Community Planning & Development along with other entities are looking to implement a marathon race along the Colfax Corridor.
The Mayor and City Councilors announced their attendance at various meetings and events.
ITEM 5. ADJOURNMENT
There being no further business to come before the Council, Mayor Burkholder adjourned the meeting at 7:45 p.m.
Submitted by:
Laura Bock for Margy Greer, City Clerk
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