|
|
|
 |
ITEM 1 - CALL TO ORDER
Mayor Burkholder 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 Steve Burkholder, Presiding
Vicki Stack
Cheryl Wise
Debbie Koop
Bob Murphy
Sue King
Ed Peterson
Doug Anderson
Ray Elliott
Diana Allen
Mike Stevens
Absent: None
Others in attendance: Joni Inman, Director of Mayor and City Manager's Office
Roger Noonan, 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.
ITEM 4 - PROCLAMATION - HONORING THE LAKEWOOD BREAKFAST OPTIMIST CLUB "FLAGS ALONG COLFAX"
Mayor Burkholder presented Sherman Phillips with the Flags along Colfax Proclamation; in turn Sherman Phillips presented Mayor Burkholder and Councilwoman Stack with one of the original 99 flags that were placed along Colfax Avenue, along with three copies of a 1963 newsletter that mentioned the flags along Colfax.
ITEM 5 - PRESENTATION - REPORT ON FIRST ANNUAL COLFAX MARATHON
Becky Clark - Director of Community Planning and Development
Miss Clark introduced members of the West Colfax Community Association who were
volunteers and shared their reactions to the Colfax Marathon.
Commander Mike Becker - Thanked City Council and the public, stated the marathon worked well, the traffic management plan worked flawlessly. There were no complaints and when they returned to the office on Monday there was not a single phone call complaint.
ITEM 6 - PRESENTATION - VIDEO - JEFFCO ACTION CENTER
Mag Strittmatter -Executive Director of Jeffco Action Center
Presented a video which showed the workings of the Jeffco Action Center. A question
and answer period ensued between City Council members and Miss Strittmatter.
ITEM 7 - PRESENTATION - LAKEWOOD LEGACY FOUNDATION GRANTS
Pat Heffner, Chair, Lakewood Legacy Foundation
Miss Heffner explained that the Lakewood Legacy Foundation puts dollars back
into the Lakewood community; she presented a grant in the amount of $1,000.00
to the Jefferson County District Attorney's Office to help with the prevention
of Internet child sex offenders. District Attorney Scott Story and Investigator
Mike Harris thanked the foundation and educated City Council on the child sex
offender Internet investigations program.
The following Consent Agenda items were read into the record by the City Clerk:
ITEM 8 - RESOLUTION 2006-37 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE GREAT OUTDOORS COLORADO (GOCO) FOR THE DESIGN AND CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE VICINITY OF WADSWORTH BOULEVARD AT WEIR GULCH
ITEM 9 - RESOLUTION 2006-38 - AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT (RTD) FOR THE DESIGN OF SIDEWALK/BIKEWAY BRIDGES OVER KIPLING STREET AND WADSWORTH BOULEVARD
ITEM 10 - RESOLUTION 2006-39 - AUTHORIZNG AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (UFDCD) TO SHARE THE COST OF EASEMENT AND REAL PROPERTY ACQUISITION ON LAKEWOOD GULCH ACROSS THE TOLEN PROPERTIES
ITEM 11 - RESOLUTION 2006-40 - AUTHORIZING THE CREATION OF BY-LAWS FOR THE CITY OF LAKEWOOD YOUTH COMMISSION
ITEM 12 - RESOLUTION 2006-41 - REAPPOINTING TOM GOUGEON AND KATHLEEN CURTIS TO THE BOARD OF DIRECTORS OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
ITEM 13 - APPROVING MINUTES OF CITY COUNCIL MEETING
Regular City Council Meeting May 22, 2006
ITEM 14 - ACCEPTING MINUTES OF THE BOARDS AND COMMISSIONS
Lakewood Housing Authority Meeting April 24, 2006
Public Comment: None.
Councilman Peterson made a motion to adopt the Consent Agenda as read. It was seconded by Councilwoman Wise.
Councilman Anderson asked for clarification on Item 12 from Becky Clark regarding the financial inter-connections between the City of Lakewood and this organization.
Becky Clark - The budget is approved by council however the budget is determined
based upon the real and personal property that is assessed on each of the property
owners within that district. It is not City money from the general or any other
fund, it is a special assessment on those property owners. She will provide
Councilman Anderson with a copy of the business improvement district's most
recent budget.
Councilwoman Stack - Asked if the Lakewood Youth Commission by-laws were new
or amended.
Kit Botkins - Community Resources
Stated there were some by-laws that had been drafted when the Youth Commission
was in a pilot stage the first year. Those were never adopted by Council so
this is not a revision. Major changes from the pilot program were terms of membership
and change in monthly meeting. She stated that the Youth Commission members
vote for officers on an annual basis.
Councilman Elliott - Regarding the IGA with RTD, asked if there were numbers
regarding usage of the bridges and for the construction schedule.
Dave Basket - City Of Lakewood Traffic Engineer
Mr. Basket stated there were no usage estimates; it would be virtually impossible
to do two construction projects side by side. It will not be built at the same
time as the West Corridor Light Rail.
Councilwoman Stack - Asked if any of the monies is applied to the City's 2.5% share.
Dave Basket
Stated it did not.
Councilwoman Stack - Asked if the $890,000 due in 2009 would be Lakewood's money or another grant.
Dave Basket
Stated that it would be Lakewood's local match but the City will continue to
look for other ways to fund that.
Vote on the Consent Agenda: All Ayes. No Nays. The motion carried.
Second Reading of Ordinances and Public Hearings
ITEM 15 - ORDINANCE O-2006-14 - AN ORDINANCE ADDING SECTIONS 6.01.010, 6.03.035, 6.05.031, 6.05.032, 6.05.033, 6.05.034, 6.05.035, 6.05.036, AND 6.08.025 AND AMENDING SECTIONS 6.01.010, 6.03.010, 6.03.030, 6.05.020, 6.05.025, 6.05.030, AND 6.06.010 OF TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS.
Janet Young - City of Lakewood Deputy City Attorney
Attorney Young stated that the ordinance would strengthen the current Animal
Control division by adding a provision that regulates aggressive animals, strengthening
the definition of dangerous animals and increasing the penalties for someone
who owns a dangerous animal. Also, there has been an increase in the number
of times an animal control officer can impound dogs; if a dog is at-large three
times in a three-year period, then it would be mandatory to impound the dog.
Public Comment:
Natalie Menten - Ward 5
In regard to the unlawful possession of an animal Miss Menten asked that the
word "over" in number two be struck from the ordinance.
Ralph Bashor - 397 Harlan, Lakewood
Questioned if there was going to be anything done about excessive barking. Currently
it is up to the citizen to make a complaint. Stated that it should be the City's
responsibility.
Robert Cook - Sovereign American, Habitant of Lakewood
Thanked the Mayor and City Council for sharing information so he knows what
the ordinance is all about. He is concerned about dogs running at large. There
are other cities that have some pretty responsible ordinances that include voice
commands instead of having chains and chokers. Dogs are a very valuable part
of the community and states that somewhere along the way we have lost sight
of that. Asked the City Council to seriously consider the ordinance before they
jump in and take the rights and liberties away from the individual.
Councilman Peterson made a motion to adopt Ordinance O-2006-14. It was seconded by Councilwoman Wise.
Janet Young
Spoke regarding the aggressive animal portion of the ordinance. The intent of
that provision was to cover situations where the animal is intruding into the
private property of a neighbor or into the public right-of-way and doing so
in an aggressive fashion. It was written in response to citizen concerns where
people did not feel safe in their own backyard because an animal was coming
over, under or through the fence and frightening them. Currently the City does
not have anything that regulates that type of conduct by an animal.
Councilman Murphy asked if the existing procedure, as well as the procedure under the proposed new ordinance, involves some amount of discretion by the animal control officers.
Janet Young
Stated nothing will change with that.
Councilman Elliott added that in case there was some kind of animal in somebody else's yard and the dog was trying to protect its territory that would be the discretion of the animal control officer not to write a citation.
Janet Young
That was not the intent of this provision.
Councilman Anderson stated that Holly Gilbertson, an animal control officer was responsible for giving his neighbor a leash instead of a ticket for walking his dog. It gave him a good feeling for the animal control officers in Lakewood. Asked for clarification; if a dog jumps up onto a four foot high fence, growling and snapping at the neighbors, even though that dog does not come into their backyard, asked if the aggressive ordinance would come into play.
Janet Young
Stated if the animal actually got into the neighbor's yard that would be "at
large".
Councilman Anderson asked that a training bulletin be put together regarding the dog laws so there is an understanding of that discretion.
Janet Young
Stated there will be no review on the barking dogs provisions and proposals
tonight. Stated she was directed to strengthen the provisions regarding aggressive
dogs and irresponsible pet owners. The current barking dog provisions are regularly
enforced by animal control. If an animal control officer hears barking they
will enforce it without a citizen complaint but there needs to be citizen complaints
to prove the case.
Councilman Stevens asked about the anonymity of complaining about a barking dog.
Janet Young
Stated that the problem is if a person wishes to remain anonymous there needs
to be a witness and they cannot proceed in court unless someone can testify
that the dog is disrupting the neighborhood. Unless an animal control officer
hears the dog barking and says it is disruptive there won't be a case. Stated
that there really needs to be citizen participation.
Councilman Stevens asked if there is any way to accomplish that goal on an anonymous basis, asked why we don't use the same standard as Code Enforcement does.
Janet Young stated the trouble with a code violation is that if it has to do with weeds that are overgrown or junk vehicles, they are going to be there when the zoning inspector appears on scene. With a dog violation, that is something that can not happen again for days or weeks and without citizen participation it is just going to be luck for an officer to witness the action of a dog.
Councilman Elliott wanted to follow up that if the citizen does not want to go to court, it creates a problem, as there is no witness to that offense.
Janet Young
Stated that if we allow people to have their dogs "at large" and be
under voice control the problem is that voice control doesn't always work. Citizens
who are out walking their dogs or with their children are fearful because they
don't know this dog or if voice control will work. The point is to strengthen
the ordinance and make it more restrictive.
Councilwoman Stack stated that there is a provision in the ordinance for hunting dogs and asked if there was an exception for police dogs and hunting dogs.
Janet Young
Stated there is not an exception for "at large" dogs but there is
an exception under "dangerous dog" portion, that if the dog is a police
dog and in the course of its duty it bites someone.
Councilman Elliott asked how this is going to affect a park that allows dogs off leashes.
Janet Young
Stated that this is regulated under the Parks and Recreation ordinances and
it says that you can have dogs "at large" at an off leash park.
Councilman Elliott stated he had an individual confront him about a dog that came after him in a menacing manner. The man hit the dog and was given a citation even though the dog was coming after him in an aggressive manner. He asked what protections the citizens have if a dog is coming after them.
Janet Young stated that it would fall under self-defense.
Councilwoman Stack asked if a storm door is considered a screen door.
Janet Young
Stated this is in regards to the restriction of when a person is convicted of
possessing a dangerous animal, that the animal cannot be in the house behind
a screen door or screened window. Also stated that a storm window would be just
like any other window. Screen doors are so flimsy and if an animal wanted to
come out he could easily do so.
Councilwoman Stack asked about the issue of insurance, the $100,000 policy, asked if that would be an umbrella policy that people would have to purchase.
Janet Young
Stated that under the dangerous dog ordinance it is discretionary with the judge
to require the owner of the dangerous dog, as a condition of continuing to possess
that dog after conviction, to have $100,000 liability insurance.
Councilwoman Stack stated that receiving the report from the police department where they suggest to license the dogs, asked if this would move forward without going to Council first.
Janet Young
Stated that is correct but that is not part of the proposal tonight. Stated
it was determined that after the study session the Jefferson County Sheriff's
Department was not ready or operational to have a countywide license program
so that is not part of this proposal.
Councilman Anderson asked for clarification as to whether there is a timetable or suggestion as to when licensing will be put in front of council.
City Manager Mike Rock
Stated it would be in 12 months or less. Other municipalities are going through
the process of getting ordinances in front of their City Councils. The County
will need to go through a new budget cycle so they can plan for any staff they
may need.
Councilman Anderson stated that he hopes that what we are trying to do is to look at individuals who have dogs in a fair manner. Stated he recognizes that while we are restricting individuals ownership, there is a community in Florida that now allows dogs to be on restaurant patios with their owners. Stated there are no amenities at Forsberg Park to be able to call it a park. Stated he hopes the City would look towards some positive ways to deal with dogs in Lakewood, to balance with the restrictions.
Councilman Stevens stated that this is clearly directed to the negligent dog owner and not the good pet owner.
Councilman Murphy stated that Council deserves some congratulations for some real collaboration here; this is the result of citizen concerns about their personal safety and a response about what has been going on in our neighboring communities.
Councilwoman King thanked staff for collecting information and also thanked the citizens of the community for their suggestions and concerns. Stated she believes the City has done a good job addressing the items and concerns.
Councilwoman Allen stated that this is a compromise. It is not a perfect law but it is not as restrictive as some of the other communities. Stated that we are focusing on people who are being irresponsible.
Councilman Elliott thanked those citizens who came forth with a concern about animals roaming at large. Stated that those citizens who are responsible dog owners and who take care of their dogs have nothing to worry about, if you are an irresponsible dog owner you should be very concerned especially if that dog is infringing upon the safety of the residents in Lakewood. Stated he believes this ordinance will give the Animal Control officers more authority to do their jobs better. Also applauded City Council for coming up with a workable situation.
Councilwoman Koop stated that citizens should thank and appreciate what Holly Gilbertson and her officers do, they work very hard, they are very passionate, they are nice and understanding with the public. Also thanked Janet Young and the rest of the staff who worked so hard on this.
Councilman Peterson stated that this was a cooperative effort on behalf of responsible dog owners across the City and from surrounding communities. Stated he thinks that with every right comes a responsibility. Thanked staff, Animal Control department, Police Department, City Manager's Office and the City Attorney's Office.
Vote: 11 Ayes. 0 Nays. The motion carried.
ITEM 16 - GENERAL BUSINESS
None.
ITEM 17 - PUBLIC COMMENT
Public comments are not verbatim transcription but rather an attempt to capture the intent of the speaker by the City Clerk.
Newt Vaughan - 8663 W. Hawaii Drive, Lakewood
Stated that he read a headline in the paper about a subject that was discussed
over a year ago. We won't be able to have matching funds if we don't keep the
exemptions for Tabor. Wanted to comment on the use tax; states he knows that
you pay a use tax when you buy a permit for any kind of construction job. Was
told by Home Depot that he had to go online for tax exemption and it didn't
work. He is trying to figure out why they cannot apply for a return of a portion
of the tax back that is not used and the City decides to audit you. They spend
$200 to send someone out to do an audit to get ten cents. Stated he believes
the City Of Lakewood should be the first City to take a hold of this issue and
quit charging tax on building permits.
Brian Wareing - 13680 W. 30th Pl, Lakewood
Read a poem/song he wrote. Stated that he was told at one of the last meetings
he attended that the quasi judicial rule is the law of the land. Stated that
a law is a law and a right is a right and the two should never be confused.
Ralph Bashor - Harlan St, Lakewood
Stated that changing the time for public comment is a procedure City Council
is adopting to limit public comment. Stated that the existing City is far removed
in a very negative fashion from what it was then, it was more enjoyable to live
here in those days. Stated that the sales tax is likeable to the procedures
that the Nazi's used in Germany. Asked that City Council remember that the vote
was 53% to 47%, those 47% of people deserve some respect. Asked Councilwoman
Wise where her respect was for the citizens of Lakewood. Stated that the Lakewood
permit fees are very high compared to Denver County and he got less help from
the Lakewood building department than Denver County. Stated that Whitlock Recreation
Center did not need to be replaced, also asked why the City had to buy with
Open Space funds commercial frontage on Colfax and eliminate three or four businesses.
Natalie Menten - Ward 5
In reference to Councilwoman Allen addressing the three people. Stated that
she was not addressing loose dogs, was addressing a portion of the law that
assumes we use discretion and stated she has a problem with a law that is written
where it is assumed that most people won't take advantage and read the law exactly
as it is written. Stated the number of signatures for the Breed Specific petition
was 115, within 4 weeks of hearing that they collected well over that amount.
Stated they decided not to hand those signatures in because in the case of Commerce
City where owners who did follow the law and license their dogs, a newspaper
went in and pulled those public records and published all those addresses. Stated
they did not want to endanger or inconvenience people who had signed.
Lorna Fox - 1133 S. Eaton St, Lakewood
Stated she was very encouraged tonight by Councilman Anderson's comments about
Forsberg Park.
ITEM 18 - REPORTS
Mayor and City Council reported their attendance at previous meetings and events and announced upcoming neighborhood meetings and events.
ITEM 19 - ADJOURNMENT
There being no further business to come before the Council; Mayor Burkholder adjourned the meeting at 8:54 p.m.
Submitted by,
Margy Greer, City Clerk
 |
||
Americans with Disability Act (ADA) Notice |
||
