for coming out and joining us for a city council meeting i'd ask that if you do have a cell phone if you could please put it on silent and if you would like to speak under public comment if you could please get back there and sign the roster before we move into that would be fantastic so we can keep things moving and you'll have more time to sign up for the ordinances but will soon be a public comment pretty soon so with that please stand for the pledge of allegiance and i ask that we remain standing for a moment of silen with the clerk please read the next item item for a proclamation recognizing dennison elementary schools blue ribbon award well this is fun this is exciting and if i could have our denizen group come down i think this yoder is here and anybody else we have some students with us feel free to come on down alright alright recognizing denison elementary schools blue ribbon award whereas the national blue ribbon school program is sponsored by the u s department of education and sanctioned by the u secretary of education betsy divide us and whereas the national blue ribbon school program recognizes public and private elementary middle and high schools where students achieve very high learning standards and are making notable improvements in call closing the achievement gaps and whereas in two thousand and seventeen the program bestowed recognition on three hundred forty two schools in forty four states with five of those awards presented to schools in the state of colorado and where as one of the five awards in the state of colorado was given to denison elementary school eight jeffco school located in lakewood colorado and whereas denison elementary school serves the residents of lakewood by providing a high quality education now there for on behalf of the city council and the people of the city of lakewood i adam paul mayor of the city of lakewood colorado by virtue of the authority vested in me due here by recognize and congratulate denison elementary school for receiving the u s department of education's blue ribbon award before you go to them this is a big deal and we're honored to be a part of this and to have you here you had a celebration that council member get one and i were able to go to have to have one but this is not only the first time this is the second time i think the third that you've received this so that's a big big deal and i know that you work really hard your your parents and your teachers and the kids so thank you for that you're doing a heck of a job and if you want to see anything mike is yours congratulate and thank everyone that's here the parent community the teachers that have been putting in the effort and my job is to carry that forward so we thank you so much for including as thank you for the invite and were happy to be part of the lakewood community all right next up is public comment this is the point of meeting where the public is invited to address the city council on items that did not appear on the agenda a comment should be directed to the city council i ask all in attendance observe the decorum of the city council chambers and refrain audio from applause or audible support discord with the speaker there is a three minute time limit and this little box appear will go green for two and a half minutes they'll go yellow for half and then when you're three minutes up it will go red and will politely try to wrap up now and there might be some confusion so i think some folks signed up wanted to speak on the ordinance is but we can come back so we'll just go through it we have i'm go first just welcome center in the kirk who's here with us tonight thanks for coming out senator and then i will start public comment with the chair of our planning commission mr henry hollander thank you mr mayor council i just want to give a brief updated whereas in the process since we talked last we've held a session on parking came up with some recommendations and this wednesday we're go we're going to have another study session to kind of look at everything that we've come up with so far and start scheduling some public hearings there a i understand that there's a move afoot to have a joint planning commission city council study session i think the next available date as i understand is march nineteenth that's what we're looking at i would fully expect we'll have at least one or two public hearings at that time already have occurred so that's really all i have except i've been hearing a couple things i want to clarify this is not a comprehensive look at the zoning ordinance we look that specific items that either have been brought up by the public or that we in the planning commission no notice were problems in the various hearings we have had or we've heard from city council items that are of concern and that's the focus on this go around i just wanted to make sure everybody understood that thank you so mr hollander just before you leave so are you suggesting that we have a joint study session so you know it's something we've discussed a little bit and  you know and and and we've we've looked at your study session calendar and looks like the nineteenth of march is the first available date of course that's for you guys to talk about to and it looks like you have a group all right will bring the group down if you'd like roots presentation and one of your legendary leaders he's sitting right there on your recommendation she said look i don't like to be linear i said to the a c i see where we could get into it very deeply when i spent a good deal of research on there i began to realize the challenge forth that was point a point b as well have been a stellar group of people that have are going to address you on several points tonight two of our outstanding stars are students from went with high school and they will really address the amy issue that was hard for the committee to come to grips with on what the back to use i'd will affect the next seven generations thank you thank you mr jones lidia welcome hello my name is lydia culkin and i'm a junior in high school i have a g p a of four point seven and i'm a member of the ib program i've come to here to address the topic of licensing the sale of nicotine products to me it's something that's very important i've had many friends who have even been hospitalized for their use of nicotine products for example one of my friends used to bacco as a gateway drug for herself she smoked cigarettes that she found on the ground half used she'd pick them up call them or fries and then smoke them away she'd pull them out of mcdonald's ashtrays as well disgusted me but she wouldn't stop this let on to her use of marijuana which used up a significant portion of the small amount of money she made from her jobs i'd like to take this time now to tell you that she's only sixteen years old at this point she's younger than i am by at least a year her use of marijuana starting from tobacco then led into the use of acid and other psychedelic drugs she wanted time took a tab of acid which ended up being laced with chemical with certain chemicals that were used for testing this put her in the hospital she had gone into psychosis and couldn't think clearly she was in shock the sooner she got out she told me i'm not going to touch us again and that lasted about a week acid then became cocaine she started snorting it and then told me that she sneezed a chunk of her cartilage she's not my only friend who's done this i can name at least five other students who i know personally who does who do this every day at school i can walk into any of the bathrooms and see who at age seventeen gave birth to my brother and then soon and then soon after started using cigarettes to this day she has had a friend who nearly died of breast cancer due to her use of tobacco my mom still to this day uses and still smokes while i'm in the car and it hurts my eyes very much i really hope that this is something that the opens your eyes and please know that this is something affecting not only me but all youth thank you  lydia hello members of the city council my name is breeding kerr my addresses six thousand nine hundred in lakewood colorado the specific ordinance we would like to address that has not been brought up yet for council approval is basically a in an ordinance to to create to make it so that businesses that sell tobacco would have to acquire a license from both the state and the cat and city level now ordinances like this have already been put into effect for things such as alcohol and marijuana which are both also both of these are also controlled substances that are  both in some ways dangerous so i believe that this ordinance should be approved once it has been come up with once it has been put up for consideration because it is one of the best ways we can keep  teenagers from getting into the habit of smoking cigarettes and there are many ways that it does this from limiting the power of teens from buying this to  hire more reg to that to imposing more regulation on places that would sell tobacco to minors it would also create kind of a system where we could check to see who what companies are selling cigarettes at the city level so we can make sure that they are in full compliance thank you for hearing this yeah i hope you will vote yes on this ordinance if it does come up thank you m thank you mayor and council my name is diana meyer live it twenty one forty three south florida court last name and i am a member of the citizens for a healthier lakewood and also here tonight thank you for referring the issue of youth tobacco prevention to the advisory inclusive community with a forward to hearing the a c i c's report recommendation hope that the ultimate result is that lakewood joins other colorado communities and doing more to prevent all forms of used to back or use we have a public health crisis with us access to tobacco and of aping is cigarette products in colorado according to the two thousand and fifteen healthy kids colorado survey fifty seven percent of youth seventeen or younger said it was very easy or easy to get cigarettes and sixty seven percent who attempted to purchase cigarettes so that they were able to buy them those cigarettes smoking has decreased among most groups of youth in two thousand and fifteen current cigarette use was nine percent among all  current east cigarette use is at twenty six percent with ever use of the cigarettes at forty six percent the trending upward of electronic cigarette use is a major concern for several reasons you start using you cigarettes or d five times more likely to begin smoking regular cigarettes within a year according to two thousand and fourteen monitoring the future survey of twelfth graders and it's a concern because as we hear the priming or gateway effect of nicotine that has on the adolescent brain according to a study by the national institutes of health in animals nicotine works in young brains to enhance the response to cocaine and possibly other drugs including marijuana that matches what is seen epidemiologically with most illegal drug users reporting use of tobacco or alcohol prior to other substance use by reducing access and promoting effective prevention we can help in a big way to prevent lifetimes of addiction and risks to family friends pets and the public hi my name is charmaine britain and i live at thirty eighty three o'hair court in lakewood it's great to be back i was here late last spring and when you all made the decision to send it to the  c in that subsequent time we've been able to meet with the a c i see and they've done a lot of research on their own to figure out what is best for lakewood and we really appreciate a c i sees efforts and we just want to say out loud and as as and then just say it so that people are know how much we appreciate that and hopefully very soon hopefully in the next month or two it will be coming back to you for a vote and when it we'll be here with our b team and i know you probably don't want to hear from me i want to hear from these guys because this is who it's most affecting big tobacco is after these guys and it's working as evidenced by the numbers that lydia presented tonight they are the future lifelong tobacco users unless we do something to help prevent that from happening so thank you very much for your time and i just have to say we'll be back thank you thank you all very much woody and braden we appreciate your testimony and we will see you in a few weeks i'm sure next up we have number of desirable places to retire i remarked to my husband that in reality lakewood should have been named because we are the gateway to the mountains however i understand why a lake wo probably was not selected lakewood does not pay enough attention to us that iks the quality of life of its citizens traffic flow and to a lesser extent safety its sole goal appears to be building for buildings sake case in point the monstrosity which was built on union never mind that there are knows that backs never mind that wendy's and a couple of other buildings never mind the traffic flow was apparently was not considered then go up the street to west mississippi avenue and nevada what appears to be a strip strip mall is being squeezed in between a car wash and the goddard school for small children on the other side as twenty four town houses twenty four townhouses are being squeezed on a small plot of land the same is true on van gordon where twenty eight townhouses are being squeezed into another small plot of land quality of life was definitely not considered when these townhouses were proved to be built with regard to the school it appears that the safety of the children was not considered sadly this is happening all over like would what to do about it number one get rid of or make changes to the current zoning regulation go to successful cities see what they have done and take what's good and discard the rest number two we agree with councilor johnson declare a moratorium on building until changes are made to the zoning regulation to include inserting reasonable set backs in addition establish some kind of standards on what is built and where in essence in check some stands into the process number three take back your duties from the planning commission from their december report to you it was a evident that they were totally overwhelmed them duties that they could reasonably accomplish in brea proud of their contribution to the city in summation we want to live in a city that is carefully planned and that we can be proud of not hodgepodge thank and hello good evening mayor members of city council i just wanted to suggest to you that the selection of mayor pro tem i think should rest on experience and  i know that i for one support the selection of the entire city council in other words anyone can be nominated by any member of city council and i think it should rest on experience and should be the most qualified person in terms of that i also want to say that for the fifty nine acres at the federal  center i wanted to be sure that we had the environmental documents that are being considered in the decision that we could request them as a city and then if we feel that they are inadequate or perhaps don't get to the root of the problem since there are many things of concern that may be buried under the soil that we ask for a complete environmental survey to be done if we can do that we have to figure out legally how we can do that but i think it's very important that we consider the health and wellbeing of all of lakewood residents and also the homeless that it would be living there  and also we should consider that it would impact lakewood in terms of whether it would be safe at the light rail station at local businesses and other factors so i think we need to mayor and council members i am here to ask that council be mature about the selection of the mayor pro tem and move beyond discrimination games i believe council should be able to nominate and elect their own candidate for this position nothing against you of course i was there once myself ye something my firm learned through my experience is that experience does count we need counsel to be allowed to select the candidate they feel is most qualified and best represents the community's interests thank you thank you  a welcome i'd like to speak to you tonight about the agenda the agenda the ever continuing kick the can down the market road schedule month agenda we've spoken to this before i've spoken to this before for two years we've spoken to you about priority issues of development infrastructure closing loopholes and special privileges for developers problems with our overcrowded schools and our streets etc etc you as a body for the last three retreats have made priorities you have not accomplished last year i sat at that retreat with you and i listened to those priorities some of which did indeed reflect the many voices of your citizens that came here week after week after month after month about our priorities of overgrowth development lack of planning and miss o'neill's comments thank you and yet here we are three months after a new election  clearly demonstrated the will of the people and reflected the fact the people are not satisfied with the president's administration's lack of addressing the citizens concerns and several of you have submitted items to be put on the agenda only to be told it'll be months before it's put on the agenda as in march maybe april if asked to go to yet another study session some of these topics we've had multiples tonight we're discussing a new code y some of the other issues that have been submitted months ago or years ago we still haven't brought them to a vote because we're told they have to go to a study session again where they have to now be passed off to a planning commission that tells us it could be years before some of these things are dealt with privately  personally so i'm just simply here tonight to tell you that yet again we sit here in another night with another item on the agenda that is not one of your top priorities as you yourself voted for last february and are about to reorganize this february at which several left us will be in attendance to see what those priorities are going to be this year and nothing has happened i urge you to reconsider your constituencies that you represent and start dealing with the priorities that are priorities when i had staffs included every monday morning i would come in with my staff and we would establish each of our own respective a b and c priorities they would change due to crises pulls in different directions politically a resource wise we don't start with the same priorities but things might have to change with every monday we would check in and we make sure we have the right priorities we couldn't always get to everything none of us can good evening gowns and men and their thank you to those of you who really do listen then try to make this city better for people of all walks of life in two thousand and fourteen citizens from the west group north group is group and south group suggested the following provide more connectivity from  retail areas improve going to vary from residential to r t g bus stops and fast tracks make the area more livable through the development of more bike and pedestrian trails sidewalks should be provided in all collector and arterial streets and some sidewalk si like rail station to connect the neighborhoods make multi modal connections between some of the key areas in the city the southern portion of the city needs more gathering spaces plazas makes the use areas parks what's worse is needs to be more pedestrian friendly sustainability is important these were just a few suggestions put forth by the citizens participate in the lake with twenty twenty five moving forward together efforts striving to come up with the lake which should improve itself as a city to be better positioned for the future noticed a common theme  connectivity bikeability places for people to gather and connect in all corners of the city and the areas adjacent to the city here we are in twenty in heaven to look around a city as a whole still leaves a lot to be desired if one wants to safely bike with their kids in the bike trailer or just trying to get to one of the light rail stations use and without using the car and in the reasonable amount of time how well they could be meeting this twenty twenty five target and why such a miss on what should have been easily address with the current budget surplus why has the time and effort of the citizen been squandered on the political shenanigans instead of truly moving forward together another couple of ideas that was suggested back then in two thousand and fourteen is engaged they needed parties to bring the solar city office to the area stay out in the rain you valley and work out a deal with them to give a very significant discount to the local residents for solar installations one would think with all the sustainability that would be of interest and second idea was engage the needed parties that amazon specifically amazon web services to plan an office for several hundred amazon workers adjacent to the federal center since then amazon has only redoubled their efforts to provide services to the federal government hence lakewood might have missed a significant economic opportunity by instant catering to developers who are not competent enough to take on a project of such a scale to be fair lakewood has had some a konami quince with st anthony's a few hundred one quote jobs here and there but in ms the ball completely instead in itself for success when it comes to high tech employment when compared to denver a golden littleton broomfield since any of boulder and others however the citizens of this city are getting tired of the political manipulation backed by some of the developers out there who are just looking to make a quick buck off our national resources so it's not a building of random unplanned suburbs and apartment buildings that brings the restaurants and healthy small businesses to the area but people with pain and stable job to manage it in timely manner we have had so many opportunities that have gone by that have not acted on and you've been in a mare for two years and the councilman for what was it eight i remember when you were running for that council seat the first thing you said was we need to do campaign finance that was your plane we need to change the campaign finances for the city of  years later mayor you haven't gotten that job done this fees for for open space we've been talking about that for months and months and months we still have got that fixed we haven't gotten the zoning laws updated yet when is that going to be done can that could done in the next three months i would think so i think campaign finance should be done we've been working on it for ten years let's get it i don't know why we can't nominate somebody right now why we can't put it to a vote right now instead of dragging it out i can understand why you didn't get the nomination i've never heard such a  bunch of temper tantrum from any council person in my life because she didn't win grow up do a good job while you're on council and then your partners will vote yes if you want it that bad no more temper tantrums policies and procedures we've been looking at that for how many years can we get that done this year it's your job to get this stuff done this stuff has gone on for ever get it fixed city attorney his contract is coming up for a new and we need to review that we need to get three bids from reputable attorneys to see what they can do for us is that going to get done this year can anybody tell me whether it's going to get done i just hope it's going to get done i always see faces  where is the action i have one word for you either lead follow or get the hell out of the way and let somebody in that seat and can take care of business your time is limited thank you sir give us your name and address for the record it's an awfully good evening my name is adrian hannigan and i am from twitter i am live at twelve three hundred west alabama place in ward four thank you all right that were involved in stopping the strategic growth initiatives and so what i did was i came up with a i i tracked down as best i could i don't know if i can show this anywhere i have where how can i show this ok now can people see this ok ok so what i've noticed is that on this particular basically i came up with a number a little bit is this is that good enough people see it ok so what i have here right here what i have here are a number of your com campaign contributors basically c r l associates there are a number of lobbyists and lawyers and i'm presuming that these are who these people are ok there are roger sherman the managing partner for c l c r l associates that you call that you know it may pertain to you stopping the initiative and then there's maria garcia bury and then there  retell bert who is associated with the home builders association a lobbying group for real estate developers ok so i looked up all the e mail addresses and then i looked up the names of these lobbyist and there was  men and also michael gifford who is the president and c e o of the association of general contractors and then there was somebody my comp of colorado concern now this is all circumstantial i don't know what the topic was that you were discussing with these people but they're all donors they're all you know people who you know who support you and then of course there's h just amazing to me and then someone who i think is associated with dome strategies and then we have lots of developers mr sap kin and doug of trail break partners dot com and george valid sherman and then sam bailey of all these other people it's just a quite extraordinary and then ambient laramie company i'm assuming that is possibly mary beth jenkins and basically all of these people that you called many of them are quite powerful and they're influential and i just wanted to make the point that i don't know why my question is why that why why why did you call all these people that are so that you know that are possibly your donors there's max tyler possibly chris kennedy and of course jerry natividad who ran for public office but that's really all i have to say is that when these phone calls were taking place the initiative was being shut down or someone was trying to shut down the initiative and i wanted to ask what is going on that that's all i want to ask so anyway i would like to thank you so much for your time and i'm done thanks thank you read embers holy work for i have a few questions following up from the last council meeting after hearing some of the public comment a resident made a very important point i want to resurface it's a point that goes beyond the issue she was talking about itself she was concerned that the city attorney appeared to be interpreting the law differently than our city councillors regarding the mayor pro tem issue where city policy will be in conflict with our city charter if not by letter at least in spirit or intention which is very important when it happens that there are two founded interpretations of a lot on our books in this city would it be to make a final his statements when he speaks so that the public does not get confused when his council appears in conflict with you another concern i have taken a bit more in the citizen side of the of this issue despite a pro or not being elected for this year the council are nominated for the title is listed in the mayor's office as their phone line on the liquid website when every other councillor has a direct line so how does that change on the website this has not been done in the past and this has implications for residents because after office hours a resident will have to leave a voicemail with the mayor's general box instead of the direct mail box of the counsellor this means the secretary if anything comes after five pm or on the weekends have to take an additional step to root out the message from the general box if and when she gets to it if she's not only office the next day does someone pick up those messages it requires an action by somebody in that office when the growth now could just be going into your direct line automatically your direct lines are set up for that very reason why is the council's direct phone line not posted on the website are you sure this change provides the best service we can give to liquid residents don't forget when you play politics up here don't forget about the residence i want to know who is responsible for that change thank you thank you mr mayor there was an article in the papers a week or two ago about the coalition for the homeless moving forward the housing for the homeless on the federal center and i thought a little background would be in order i was a planet commissioner from two thousand and four to two thousand and ten in two thousand and seven we went through an extensive process with many meetings neighborhood notifications neighborhood meetings and came up with zoning that at that time was called transit mix and that took place included the union station area plan in two thousand and eight the planning commission council the city and g s a all work together and came up with a federal center master plan which it was a agreed upon development plan for the federal center the there was an area just north of the light rail that was designated basically as transit oriented development high high density retail mixed office cetera et cetera that fifteen in fifty nine acre parcel has subsequently come under fire it was negotiated between the city and the feds in tw fourteen to transfer to the city en route in response for the city building a twenty five million dollar lab councillors whitman former counselor whitman and councillor johnson who was also a moral candidate at the time fo nted opposition through fear mongering and partial truths in october two thousand and fifteen mayor murphy at that time gave in to the opposition and found false claims of a rushed process which had been taking place for over two years and the council opted to delay for numerous months the feds objected to that delay and as a result they stopped negotiations put the parcel out to bid ultimately homeless representatives realized that federal law gives them first right to that property they sued to stop sued effectively to stop the bidding process and they won councillor johnson and others object to a large homeless housing at this location but the city has no power over the feds so it may still come to pass we just have no control over it we would have had control over it have had we own the land so much data to go through and we did take the opportunity since some of our neighboring cities have have put forth ordinances like this so we're learning from what they have done our proposal has gone through its first review and should be ready for you to look at shortly i just want to give you an update thank you we have it thank you so thank you to all of our youth there we go all right now close public comment just make one statement and that has to do with the phone number situation i'm not even sure how our phone numbers are placed on the website i'll look into that thank you all right next up is the consent agenda use of the consent agenda has been made to  action it contains both resolutions and first reading ordinances tonight is just a resolution resolutions are items a routine nature members of the public will have an opportunity in a moment to comment on any of the proposed resolutions will the clerk please read the consent agenda another and to gender consist of item six only resolution two thousand and eighteen dash two a resolution authorizing the execution  memorandum of understanding concerning withdrawal management services right so i'll now open the public hearing on the resolution twenty eight nobody's indicated the desire to speak sing and i'll close public comment i ask for a motion mayor paul i move for the adoption of the resolution which is included in the consent agenda items introduced into the record by the city clerk second right motion in a second is there any discussion on this item all right sing on please cast your  hundred of title six pertaining to animals and amending sections nine point three two point zero two zero zero nine point four one point zero five zero point four three point zero two zero zero nine point four three point zero six zero nine point four three point zero seven  go into public comments so there's a little bit more background thank you good evening mayor and city council my name is janet young deputy city attorney this is the periodical that i do that updates provisions of the criminal code clearing provisions concerning animals provisions concerning title nine and in this case title five also to reflect recent legislative changes and also court decisions the first provision i want to talk about is one that has to do with switchblades and gravity knives the legislature this past summer has legalized both of these knives under state law they previously had been illegal to possess this change was supported by knife rights advocates such as hunters and veterans are ordinance changes the proposed ordinance changes our provision concerning illegal weapons to make these weapons illegal under the lakewood municipal code so that would be switch plates and gravity knives and also then correspondingly allows p brokers to accept them in trade and to be able to sell them because that was prohibited previously since they were illegal works adding a definition of venomous and poisonous to title six which is the title concerning animals that had previously not been in there and it was is a animal control's experience that's necessary to deal in particular with some dangerous reptiles that they have encountered in provision that it's going to be illegal to sell or transfer or give away a dog or cat under eight weeks of age unless it's relinquished to an animal shelter this is to deal with the problem that animal control has been encountering people selling animals at a very young age on craigslist sometimes in the parking lots of businesses and it's an animal at that age a puppy or kitten that young is not yet weaned and is that danger of having illness and long term health problems so that's being added to an animal control provision the provisions in title six which have to do with the impoundment of animals that are being held because they're dangerous aggressive or because they're being subjected to neglect those provisions are being clarified to give more detail of when a financial bond is necessary to pay for the costs incurred by the animal shelter in keeping of these animals the proposed amendment also clarifies the manner in which the miniscule court conduct a hearing to determine if the animal should remain in the animal shelter pet during the pendency of the prosecution or if the animal should be returned the due process hearing takes into account several different types of considerations a particularly when it's an abused or neglected animal to ensure that the returning of the animal will not subject the animal to further abuse we recently had a case where fifty five cats were seized from one residence and this this type of provision is very crucial to deal with that since we have limited capacity at the shelter to hold animals i'm clarifying th provision that grants the director of community resources the authority to exclude persons from community center rec centers and certain of our parks who have violated community resources rules and regulations municipal ordinances or state law we've had this exclusion order provision in the ordinance for some period of time i'm clarifying that a person who is ordered excluded from our facilities has a right to a hearing which would be conducted by the municipal i mean a spill court judge due process hearing prior to the commencement of the exclusion the person who the community resources desires to be excluded can be excluded for that day the day of the violation and if they desire to have a further more lengthy exclusion than the person does have a right to have a hearing before that takes effect and change updating the marijuana provisions to reflect a piece of new legislation from this past summer that expanded who may get a medical marijuana card from the department of health  previously you had to have scuse me a debilitating mental medical condition the law on this was amended to allow persons with a disabling medical condition to obtain a medical registry medical marijuana registry card that includes someone with a post traumatic stress disorder that's been diagnosed by a licensed mental health provider or physician this change was vigorously advocated by veterans groups and so the proposed ordinance updates the municipal marijuana provisions to provide an exemption from criminal prosecution for persons acting in compliance with the state law regarding medical marijuana to include those persons diagnosed with post traumatic stress disorder then or adding a new provision that largely mirrors a new state law that took effect january first of this year that creates a new non felony crime for juveniles posting or prison seeing sexually explicit private images this is commonly referred to as the sexting provision so i've been asked by the juvenile crime unit and the police department to have a municipal version of this this will juveniles who engage in illegal sexting which is sending these graphic sexual images to each other  they can be thou process through lakewood municipal court sent to an educational program that addresses the problem of teen sexting it avoids the significant consequences of a felony adjudication as a juvenile which had been the case previously because the only crime that fit felt excuse me that fit the conduct was sexual exploitation of a child which is a class three felony and required sex offender registration this new law created by the legislature does not require sex offender registration and we can mirror this with a provision in our municipal court and they are excited about the prospect of handling these cases and putting the juveniles through education programs when appropriate the next provisions would repeal of the two penal provisions right now in title nine that pertain to panhandling or b g one is being in certain locations prohibited the other one is aggressive baking we're proposing that these be repealed due to recent court decisions that have come down over the course of the last two years in september of two thousand and fifteen federal court judge in the colorado district struck down numerous provisions of grand junctions panhandling ordinance that were largely similar to ours  the federal court judge relied upon to us supreme court decisions from earlier in two thousand and five read versus town of gilbert arizona and they are vs city of worchester massachusetts which specifically involved a panhandling ordinance very similar to what we have they were found the grand junction ordinance was found to be an unconstitutional content based restriction under the first amendment that violated free speech rights courts have repeatedly held that panhandling is an activity protected by the first amendment since our ordinance is very similar in many ways to the grand junction ordinance which was struck down in september of two thousand and fifteen the police department has stopped in forcing both of these provisions since the fall of two thousand and fifteen when panhandlers threatened public safety we are agents are charging other charges disorderly conduct which is a municipal ordinance harassment of structuring passage way if the panhandling involves blocking someone from leaving also trespass if the panhandling is a occurring on private property and the property owner does not wish to have that activity occur police agents have been trained to focus on any criminal activity associated with the panhandling and not the mere act of panhandling in public so if you feel that the ordinances we have in the books can sufficiently address the criminal conduct that is associated with potentially aggressive types of panhandling the last provision is to update the nuisance provision regarding on lawful conduct and property to clarify that these restrictions apply to any zone district where a particular use such as residential or commercial is authorized the prior language was found to be too limited because it specifically mentioned a residential district and that was found to not mixed use in planned development districts it's all right well done well i think there's going to be some questions so if you wouldn't mind staying for a second thank you thank you for that recap that really helped us kind of see all the different aspects the one that i wanted to focus on to begin with is the provision to make it unlawful to sell transfer or give away a dog or a cat at the age of eight weeks under the age of eight weeks unless it's relinquished to an animal shelter did you say that that was driven by code code enforcement or animal control with their experience with maybe craigslist trades in that type of thing or selling it was driven by animal control that they have requested that and i do have the animal control supervisor mike brogan here if you want specific details i may need that so basically what i'm trying to understand is how we may be causing some unintended consequences not really knowing how the reporting in the enforcement piece works of that but if you have say mama cat or a mom a dog who has either stopped producing milk or who is passed away or otherwise doesn't bond with those i know there's a lot of fostering that goes on in our community where people take in these that are either well trained or experienced in these and so i'm just trying to understand will the those folks be now running afoul of the law if they take in  kittens that are under that age to hand nurse and that type of thing will you be harming our fostering community who has really stepped in to keep a lot of these animals going when they come under these circumstances you think i'll defer that question to my program so it would not be for if a mom died or something like that all right so if the mom rejects them if she stops producing milk or they need other care you're not looking to disrupt that cycle because i would hate to see suddenly all of these have to end up in our shelters which may be overburdened and then cause an unintended consequence with those those extra burdens for those small and require so much extra care that is not what to do by those were nits at all ok so it's really targeting may be that i guess i just want make sure that we don't get others swept up in this i mean so how will it be reported and how will it be enforced maybe that will give me some context there only when we get complaints that someone is selling under aged kittens or puppies we have to look at it through a cruel are cruel to neglect ordinance and oftentimes that you know depending if the puppy is or use a puppy for example if the puppy is healthy even though it was mean early then it would be hard to prove cruelty or neglect but there some other things that can go with that puppy too such as there can be ongoing health issues that you don't see initially and then also the socialization is important part of that we need process so it should be able to by letting the puppy stay with mom for the eight weeks the puppy should be more social or more socially absolutely no i agree i'm a farm girl and i know you know the benefits of these all being there i just was overly concerned about that we see a lot of really good expression on next door lot of good fostering people taking in and i just want to make sure that it's being looked at through the lens of cruelty and abuse to our animals and not being looked at is some kind of a punitive thing for folks who are really animal lovers and caregivers i guess i just want to make sure that the lens you're looking at it through is really to protect the animals which of course we want to do but not so harshly that there's a cut and dry if somebody transferred a seven week old kitten that it's not automatically an offense that is somehow chargeable to them that is that ok thank you i appreciate that janet it might also be yours too i'm assuming that that whole ordinance applies both to small and large animals as well or is it just small animals which one i'm sorry it's a it's talking about the dangerous or aggressive violent behavior of animals in that the owner would have to pay the bond i'm curious i'm not worried about the financial side i'm just wondering if a horse owner is found to have neglect would they be under the same requirements as ok that's all i wanted to make sure because there's abuse on all sizes of animals thank you thank you i appreciate the spirit to cheer coming regarding the selling of kittens and puppies i do have a couple questions has foothills animal excuse me mike could speak directly into the microphone so we didn't meet directly with hills on this for animal control and animal welfare organizations that we thing is pretty common knowledge  i'm sure that they would support it i don't see this is flooding them with too many here animals it's not something that we see every day this is another tool in the toolbox for the animal control officers to deal with the situation on the street when they run into the cell of these under aged animals again i appreciate the spirit but there is the potential for real financial change for foothills animal shelter and i would feel more comfortable if they would weigh in on this and get their take on it and then the second th nurturing the puppy or kitten it would be at the discretion at that point of animal control to enforce the ordinance and it seems uncomfortable to me to have an ordinance it's either enforceable or not you know it who's to say that it's one word against another in a way that doesn't feel comfortable to me we either have to have it one way or another really enforce it or you don't that's my take do you any more questions answer johnson dealing more questions ok able i have a question as john later on the panhandling but should we consider adding specific language that would little bit nervous so i think just simply adding the words caregivers being exempted or something like that and maybe this would be a better question for you ability to set aside a section or how this through that process so let's get the questions answered first and then we still have a public comment period and then we'll have the read in and then we can make amendments and do as the council chooses and that was to be welfare facility itself also not apply to fostering fostering animal persons fostering animals how would you like to deal with their take on amendment now or or if we could wait until it's read into that no that's fine with me my other question is about the ruling on panhandlers i believe it boils down to you cannot control the time place or manner of panhandling and other words if they want to if they're aggressive you can't pursue them  if someone feels threatened believe the judge said that is that person's perception not necessarily the case so are we on bad ground or on uncomfortable ground if we instead of prosecuting them under those we prosecute them for the same behavior but under another statute can they is there any concern they can come back and say if we weren't panhandling or if we were panhandling were covered if we weren't panhandling you could charge as with this other crime but this is just a dodge to get around that time place and manner ruing you know i am not concerned about that because they'd have to be engaged in criminal conduct under disorderly conduct or harassment to have them charged criminally the mere act of panhandling will not result in any criminal sanction but it's a panhandler who follow someone with the intent to harass annoy or alarm the person panhandler who touches someone without intent or someone who blocks the passageway of an individual won't let them pass a pass as would be true with any other citizen it could be a petitioner engaging in that activity it could be someone who wants to have a political discussion with you on a street corner and you don't want to have it happen but they engage in criminal conduct and so i think that the clean as legally legally defensible and constitutional approach is to process prosecute them under these general criminal provisions which do apply to aggressive behavior also do we limit time in place you know the the previous ordinance did it said that you could not panhandle after dark and that was specifically struck down by the courts because they said it was a content based restriction you could ask someone to sign a political petition you could engage in other type of conduct with someone after dark and it was based on what the person was saying and so that specifically was struck down so we're not allowed to do that and another thing about the ruling that strikes me is that says if you allow for instance the far department to go out into intersections in raise money on labor day in the middle of the street you cannot limit panhandlers from doing the same thing is that correct well the because it's a continent is it has to be uniformly enforced these provisions that were dressing today do not have to do with entering the street now i understand but that is part of the issue of time place and then are uniformly enforced ok so if panhandlers can't do it the far department cannot either as the right has it you can't have the ordinance say it's unlawful for a panhandler to do it but it's ok for a firefighter they have to be treated the same ok thank you very much any more questions no so let's stick with questions mary i have a couple of questions real quick you talked about knives and you had talked about the state came up with new provisions or new regulations and then you talked about trying to limit the size of the knife where they can't be sold in pond shops or resold in stores is that also included no size of knives there were not including any language on size of dyes it's the type of knife a switch blade knife gravity knife which you know opens by centrifugal force ok those are now legal under state law they previously had been illegal i want to bring something up for you that you might want to consider  obviously the first question is enforceability we have the big elephant in the room if the stores do not sell those in a city in lakewood but again eighty percent of where we get our our stuff now is going to be through the internet so we have a device we have a company that will be selling those particular knives and mailing it directly to your house how would that apply well this provision is actually allowing merchants in the city of lakewood to sell those knives ok it's legalized legal now they were illegal you know they were they were illegal so this ordinance would say we want it to be illegal again no we want to be legal they previously it previously in the state of colorado and under lake misfile code had been illegal to sell or possess which blades and gravity knives the legislature as of august ninth made it legal in the state to possess switchblades and grab the knives and to sell them so our ordinance now is out of date so i'm updating it to make them now legal in the city under our city ordinances also switchblades in gravity knives ok now another quick question was  the little baby cats a little bit and you know little doggies with their mama and i look at in force you know being able to enforce code and code enforcement or animal control to be able to enforce this let's say hypothetically that they were able to take they took a dozen litter of little puppies and they took them to the animal shelter who would be responsible for  you know that doesn't specifically would that would that be the shelter would be responsible if the city of lakewood took custody of some dogs took them over to the animal shelter the puppies would with the animal shelter be responsible i believe so it doesn't ok less we have to prove it less we can specifically show they were being abused or neglected then we have the financial bonding step situation if the owner is charged so what i'm asking is we're placing do burden on the animal shelters and so i have wherever thought of maybe if we do this the cost how are we going to reciprocate to help  the animal shelters pay for this ordinance or a new rule that we're going to have you haven't had that discussion i think this is something that really pretty rarely used and from a financial perspective all of the cities contribute to the animal shelter so we actually make an annual payment to the animal shelter so that's a part of our obligation much more will we and that pain because of this is there a financial impact study on this or an idea what the cost would be my understanding is our what we pay to the animal shelter is a set amount is not to be dependent on if we bring in some so that we called puppies periodic lee to the shelter right but that's now when we put the new rule in a place that's a game changer if in fact we have more traffic going into the animal control have we talked dirt kind of work  handle shelter about this issue and from what i heard from the animal control officer this is very limited it's not something you deal with every day so it's not that thousand now go into the shelter one more quick comment that i have  enforcement of these rules boy we have other municipalities north south east west of us my comment would be is they would say oh no the dog doesn't live here so it's not subject to your rules there and a sister city how would that work well my understanding is animal control is encountered the sometimes of people with a box of tiny little kittens trying to sell them in the parking lot of a business and so since they're trying to sell them in lakewood we have to have jurisdiction ok ok and then one quick question you have about what is it twenty different ordinance changes in this ordinance boy it sure does get complicated to try to figure out every individual one have we've given it a thought to maybe to help you know this kind of figure things out can we break that down and and maybe slow down for me so i can understand you know one ordinance we passed that the next one we passed that and we continue for you know moving forward instead of you're putting everything together and say this what we want and moving it forward i'm having a hard time trying to figure out all the ins and outs of it and i stood here over the weekend and i read it and i read it and i'm still asking a lot more questions so i'm asking maybe we can you know break it down a little bit for us is there anything and specifically you want me to address  i can get back to you on that him question on the on the issue of the puppies and the kittens are there criminal sanctions associated with a violation of this proposed both ok and is that like a cumulative if there's a say more than one animal let's say we got a whole litter of puppies is that cumulative or for the whole for the whole incident shall we say i anticipate that just bring one charge instead of if it's one incident instead of a charge one charge per kid ok and then a question on enforceability so i understand if this were let's say occurring within the city of l a could you come to a business and there's somebody that's violating this this ordinance has one thing but let's say there's somebody that's got it on  lakewood in lakewood neighborhood lakewood or the internet and they the exchange takes place somewhere outside of the city that really is out and then would be outside or just as it would be if we couldn't show that the kittens or puppies were liquid kittens or puppies we'd have to be able to show that or show that the transaction happened in the city ok ok one other question that i had was on the fire would change in the fire would presume provision i think it's on page one is it seventeen or page seventeen i think it is i don't it's nine point eight zero zero point zero two paragraph thirteen the so i don't think that's part of the requested oh it isn't well i'm sorry this is a nuisance provision nine it ok number yes or can you give me kind of an idea what is the rationale for that provision i've gotten some recently some inquiries from constituents about that  that have been cited on that particularly and i'm kind of wondering what's what is the thought of you know the reasoning behind that what it says is just so people know it's on level to store more than two cords of cuts fact firewood on any property in any in the changes any district zone district or residential or commercial use is authorized and that was changed from zone property except where explicitly permitted by the code but what's the what's the what's the rationale and what's the rationale for the change well the rationale for the change is that we had a court ruling that it said residential zoned property that that meant it only applied to something zoned residential it didn't apply to mixed use or planned development were residential use happened so that's the reason i've done all these changes throughout this nuisance provision is because we received that that court ruling as to why we have that restriction for the storage of firewood i know if it's a concern just in terms of the volume of the firewood being outside so miss young we actually have a response that was brought to address this which i'm happy to read if we want to continue with questions but i can come back there was a service request put into requests lakewood may response to that is addressed so i'm happy to read that here in a little bit addressing that issue you mean yes oh yeah that's so ok with me ok so i'm going to keep going to questions so i can find it that's ok you have more questions counselor no that's ok i'm going to completely change the topic ok this is brand new the whole sex sex thing piece correct it is correct ok and i want to make sure that i understand it from what i read it looks like it's almost specifically going to address juveniles between the ages of fourteen and eighteen up to eighteen it addresses all juveniles there's two different ways that applies which is somewhat confusing either or either you're at least fourteen years of age or the person receiving the image is less than four years younger so what that would mean and what you know when you deal with these sexual offenses there is often it's often more than four years old or this one is less than four years o r older and you have to be a juvenile so probably the best example would be if a thirteen year old middle schooler sent a sexually explicit image of himself to an eleven year old  this would be covered by the law because you're within the four years of age difference or but if that same thirteen year old send it to an eight year old you're more than four years different difference in age it would not be covered by this law it would be covered by sexual exploitation of a child the more serious offense ok that's what i think that's what side i was reading it was a little difficult it was confusing to me because you're stand that fourteen year old down couldn't quite figure so if i'm over eighteen now and i can't send pictures to anybody this is just as only applies to juvenile conduct and over eighteen you're not juvenile you not juvenile then you'd be subject to the felony sexual exploitation of a child a class three felony which is a serious charge and sex offender registration ok so this is just for juvenile offenders even if so it's  very unique law that the legislature passed it just went into effect january first ok so if i'm a thirteen year old i shouldn't and we shouldn't go into whether you should or shouldn't post these but i'm outside of this juvenile and so on the ages a person you send the photo to ok so that's the overly untie send it to a six year old you've got issues it's not covered by this so prohibits the same conduct is in the state law and i understand that it is confusing if i find a picture if i gave a picture to my boyfriend at sixteen and he sent it out that offended me he has up to seventy two hours to delete it or reasonably delete it before charges can be brought up is that my understanding well that is the defense to the charge  is that he did that that he deleted every contact the school resource officer yes so that would be a defense to any kind of charge to do that ok thank you maybe we could take public comment come back to questions so there's nothing to play to have but thank you i know how hard that is thank you counselor i'm going to read real quick the out door and then i would like to open the public comment and then we still have folks who have  who are let up and we can come back so this was sent out a request from one of our constituents the outdoor storage of fire wood limit of two chords has been determined with direction from west metro fire when the ordinance was put into place to be more than reasonable teet a metro home during the winter months from what we can view from the public right away the resident that was being referred to is clearly in excess with more than eight cords and jeopardizes the safety of both this owner in the neighborhood of a fire were to occur in addition this ordinance helps thor thwart illegal residential businesses when we have received complaints of those found to cut up and sell an overstock of firewood which impacts the residential character of the zone district so that was the response from our code enforcement so yes i'm going to open the public airing and i'm going to do that because nobody has indicated a wish to speak on that just kidding come on down the only one employee i understand the need for ordinances and appreciate them however i'm concerned about the amendment to the ordinance six point zero five six point zero one zero paragraph b animals on lawful to owner sell adding the language that no person shall give away in a dog or cat under the age of eight weeks that would likely result in needless deaths of many of these young animals i've rescued many cats both here in lakewood in my previous home in cheyenne wyoming often the shelters are full they can't take anymore cats or kittens especially they don't have fosters i personally am a foster so rescuing these newborn kittens are puppies is going in a and giving them to a neighbor or friend to care for we're just going to save them that should not be a violation of any ordinance or the law i urge the council to consider adding following give away except for the purpose of rescuing and saving the animal's life therefore to a neighbor a friend taking the animal to another suburb like we're talking about all of the suburbs around but i'd still be in violation if i did that it would be a travesty for an individual attempting to save the life of a kitten or puppy to be penalize for breaking the law please consider adding this language that i suggest thank you thank you mar thank you i appreciate the intent of this animal welfare control law in another one of my life another hat i am a foster i am a rescue i am a wildlife advocate and i have made provisions in my state planning for three charities nationally and locally of which are in colorado one of which because it legislates for education and stopping the trafficking of wild animals and domestic animals in an inappropriate way so i am certainly in support of forbidding the sale of these young and vulnerable creatures anywhere but i think when you added the words give away you got into a whole bunch of muddy territory that became yet another liquid ordinance that has good intentions but because of the way it's written it cannot be executed clearly can be left open to misinterpretation and quite frankly will result in the needless and torturous deaths drownings abandonments of litters of kittens and even ferals that many of us in and it takes a village kind of way are helping to bring in to be spayed neutered in adopted out without being under the formal auspices of already overcrowded and full shelters let me see a show of your hands how many of you have fostered a dog or cat ok that's the problem this last is we have a condemn off of the shelters now the private shelters have fosters for the most demanding type of animal which is a kitten a newborn anybody under eight weeks but needs ninety minute feedings around the clock i know my daughter and i have done it so i ask you to take away that give away language secondly section a i don't understand the reason for a partial list of wild animals please just change it to any non domesticated or any wildlife for example you left all the two hottest exotic wild cats from africa to be kept by wealthy individuals around this country why are they any different than bobcats or lions they're not in this is a big issue so by putting a list animals or wildlife and you've covered everybody in case tomorrow somebody brings in a sort of zero or a different species of snake than you listed thank you very much for your consideration and editing this  good evening city council i also want to speak about that part of the ordinance and i'm afraid i can't quote the code regarding the young animals under eight weeks of age and i have to say have concerns about this i'm one of the people that thinks the best creature that pride god create ever created was a dog and so i certainly feel compassion that the city council thinks it's in the backs interest to limit sales but i think there's unintended consequences with this and i especially think counsellor amy johnson and counterpart frank's apart franks and any others who feel in their hearts that there may be some unintended consequences with this rule during that time i was coming here i was listening to the presentation by miss young and what i heard is that the shelters are crowded now in described in one part of the description here  with the aggressive animals get on the other hand what we're doing is we're pushing more animals into the shelter so i heard conflicting statements right there when the question came up who will take care of the fees i understanding is when you do take an animal and i've never had to except unfortunately putting a couple down during my life when they got to age for fifteen fourteen if you were given an animal up there's a surrender fee so if somebody is faced with paying a surrender fee that's quite substantial and i would agree somebody has to it's not care for animals they choose some other opportunity other ways to get rid of the animal and there are a lot of loving homes there are just a lot of loving homes  frankly with the amount of prevention on getting animals education getting animals neutered and fix it's actually quite difficult to fight puppies anymore sound like the old days where my friend had a puppy people in craigslist test hundreds of dollars even for puppies and if i see anything in a parking lot in the last ten years i would remember it now what about probably one of them home but i have never seen anything recently where there was cats or puppies being sold in a parking lot just to have it and i would notice it because if i see a dog i just gravitate towards it i would have noticed i'd like to know you know i love being socialized home how can that possibly be more dangerous than a cold cold cage for these animals when you have somebody who is willing to give them time i mean this is subjective law and i think it's unfair to those of us her animal lovers to put in a law like this about trying to stop a very place to have a great night trying to stop maybe that rare case of somebody doing something that break all of our hearts it also stops many of us who would love to give a great i think i covered it all and i would just pass the police strike this portion right now and he let's look at it a little bit later on there are the sales here's the big problem is on craigslist now there is this general philosophy that people do not give away dogs because they're afraid to their fate the animal will go to science testing and all these different things ask enormous amounts of money the reason they're doing it they want to make sure it's a good home so i kind of go back and forth on that i would prefer to just let scratch that part if we could please thank you very much and i would bring up the firewood because that was me even though i didn't get the code violation but let me just say by this i normally keep three cords of wood on my property and you would never even notice it driving down the street and i need wood to cure dry before i can even use it so it's it's one ending it's hard to set on fire because it's killing it's wet so i know that's not on tonight's agenda but i'll be back happy to visit with you later give you an r p g update and we can talk about firewire thank you very much breaker i move for the item seven i move for the adoption of ordinance zero dash twenty seventeen dash fifteen on second and final reading as we have a motion a second in order to expedite some of this council are able if you would be willing to make a motion or have the motion just strike b all together and we could come back and have a conversation your prerogative but you had wanted to make a motion so i want to do address the exception for caregivers and would offer an amendment that we had the wording that was suggested by ms young hope someone took that down the purpose of rescue comma saving a life that's what i took and i would like to add caregivers and foster care specifically were those born so we can find out that way but we would need to have the veterinarian at the shelter or something like that make a determination to help us on that but because of that do that was enough precision to stand up in court wondering if councilman roy bell's concern about not being able to track the changes easily could have been solved with a red line version of the previ thank you mayor i would like to make a motion just to pull section six point zero five plus one zero until we have an opportunity to get some information from foothills i think in fairness they need to have a seat at the table on this so i'd like to make that motion but i also have another question for jan a young leader on too so one moment before you make that motion we have two folks wanting to make a motion counselor able was first in that we're working on that language so let is let us address that motion first and that motion would read apparently it reads no person shall sell chance for our give away any dog or cat under the age of eight weeks the section shall not applied to the voluntary relinquishment of an animal to an animal welfare facility and then we so one moment the word including it would be or animal facility or because you're working on what the exceptions would be we talked about caregivers or foster so the broadest language for legislate our this is an update to make our rules reflect the most recent legislation that's correct not on this one ok on all of the so and that passes nine today the nays being beat and roybal so that passes so be is amendment amended so going back to the point on six point zero five point zero one zero zero eight as we heard in public comment there's a long list of all these animals that we find roaming around with like jaguars and cheetahs and this long list but tomorrow's point i am kind of confused why we're being very specific there and if it wouldn't be more appropriate  broader language like wildlife or whatever word descriptor need to go before the world wildlife like dangerous or abnormal or exotic non domesticated animals well as recommended by th frankly this provision hasn't been amended since one thousand nine hundred two the last time i'd like to have some time to discuss and before regis amend it tonight since we haven't done it in so long we we're just looking at adding venomous to that provision but if we want to change it entirely i think it would like to be able to sit down with animal control and think it through and any possible consequences to that why would think that we'd approve it with a venomous a we have it in place in case there's a jaguar but what we can do though is i what i would like a date that you can come back and we can amend this but let's not leave then we'll forget about it i promise if there's a time on that we can just come back and quickly do this than have a great write thank you cousin frank's and i just want to add to the comment i think that if it can be done and since i've not seen one kind of this comprehensive before but if they could be broken up into related topics and have each one be its own separate ordinance because i think that's going to help us i think between the redlining  breaking it up in that way we talk about animal things specifically and then if we also can add in whether the change is being driven by you know law court precedents if it's an internal change and if so an impact analysis i think that will make this process much cleaner we can kind of deal with animal issues and then we can deal with maybe any juvenile issues and we can kind of just chunk i'm a little bit easier i think that'll be a little bit better so we're not trying to write language from from from the diocese but i really appreciate i know that's a lot to cover so i appreciate that but just i think process wise we can make some improvements there comes a bit of thank you couple things first of all i don't want to see is adopt something here that we are anticipating changing in a few weeks or whatever i mean that just doesn't make sense to me to pass a law that we know we're going to we're going to be changing shortly so i would rather than do that if there is something that we uneasy or unsure about i think i should be polled and let it go through the amendment process or whatever and then address it one time so we do it right with regard to the to the i'll call it the puppy in kit kitten law well you know what we're doing there is we are actually in acting new legislation now new criminal legislation this is not something that has been there before it's not a provision that's been for there before many of the other things that we're talking about are really sort of housekeeping kinds of issues you know tracking what's what the state legislature has done or tracking what the courts have done and that and that makes sense i mean to to to do those kinds of things and i'm not saying this this provision doesn't make sense but it's being driven by a whole different  c in has a whole different kind of ramifications i mean we've got criminal ramifications and i'm not saying that's a battle wrong but what i'm saying is to ball that in with everything else and run it through i have some concerns about that and i i think that is we can see there are some unintended potentially some unintended consequences that we've talked about and we've heard from from our from our audience  i'm still a little unclear as to how that's going to work with with our shelters are they do they have the capacity to take this on i mean and one thing we heard there was testimony that well it's really not a big issue it would be you know impact wisest not going to be a big issue would hardly ever happens on the other hand if that's the case then why are we even addressing it so it must be potentially a problem and so it could have an impact on the on the shelters it could have in impact on the on the citizens you know if they have a litter of six or eight puppies or six or eight kittens and they have to take them to the shelter and and pay an a fee that could be a significant amount of money and we want to make sure that we know what that is for sure i think before we start imposing a law like that so i feel it's a little bit half baked there's too many questions on that and there was a motion to to pull it and i don't know what happened in that motion it seemed like it got lost in with with councilman abel's motion but i i think we need to address that you can also johnson thank you mayor thank you mike i didn't pay you for that actually i'd like to move that we pull six point zero five point zero one zero animals on the waffle to owner sell both a and b and give us a time to really put some more thought into this i would i'm not comfortable with passing legislation that will impact another city entity with having them way and regarding financial implications to them and i think foothills does need to have a chance to tell us how this is going to impact them so i moved to pull it so there's a motion as our second second yes we have a motion and a second to pol clarification if we when you say the word pull do we mean that we're actually pulling it out of the ordnance we're just not making the suggested changes tonight what do we mean by the word pull it would be my intention that it is taken out of this particular ordinance there's quite a few things listed in the ordinance many of them unrelated until we have an opportunity to really have a better chance to iron out some of the the implications of this particular piece of it and then come back certainly when we have things when we have a better insight into what we're doing and the correct language you'd be temporary counselor skilling but tonight we were reviewing reversions two codes of an existing one of them was the one thousand nine hundred two the wild life one my fear would be were taking were physically removing these things and they would no longer be on the books rather than just addressing changes you cancer mr cox the way i heard cancer johnson's suggested it would be we have these twelve or fifteen provisions in this ordinance this change these proposed changes to the provisions in the draft in the ordinances before you that would make the changes to the existing law those changes would be would be pulled out of this ordinance and you'd be voting on the ordinance without addressing the changes to the animal sections those sections as they exist today would remain on the books until such time as you change them again or repealed them so the to remove these items six point zero five zero one zero a and b from tonight's ordinance you'd be taking out consideration of any changes the changes proposed to those to those sections while the sections themselves in the code would remain intact while i supported the language change which i did think made an improvement to that the couple things i heard was one we're not talking about a huge issue we are talking at so it's one more tool but it doesn't sound like it's an issue that is a burning issue and i am concerned about the overall that we just the unintended consequences making sure that the language is both very clear and concise and also making sure that we understand the action ability and the impact on our staff to make sure that we're going to be able to enforce these things you don't want to just keep putting laws on the books that don't have a clear and force meant that we can't share with the community what the clear report ability is of that and then also address the fact like accounts are beat it was saying where we are putting something where someone could end up in the judicial process with fines and other punishment so i would definitely be supporting this this motion to pull those items from the change list comes from the bear to me it seems like section b in here if we're pulling that but that seems to make sense if  don't want to move forward with that today but in section eight if you're just adding venomous it seems to me that you could do that and then come back to that later and striking out some of the other unnecessary language  motion yes i'd like to reconsider maybe we can pull this ordinance back and they can come back and break it down there's fifteen different to the motion please and then we can come back to that ok i'll come back to that thank you counselor johnson to the motion thank you counselor actually i think that's probably more appropriate just to pull section b until we get it better understood i'm fine i'm fine with that change thank you sweetie so we're back where we started oh but see here counselor abel would you be willing to remove your amendment a i though since you asked i'm going to tears are we talking about just pulling part of this out and having another public hearing on just the animal regulations contained in this proposal and we would go ahead with all the other things including his mittens would paul so as i understand it we would  take back a council member gu hines amendment we would then vote on councillor johnson's amendment to strike be all together and then come back to discuss b as well as an update we would approve a which was including venomous and we would have somebody come back with an update to a and b which would address the differ animals and a and then potentially a newbie but b would not pass tonight that makes sense but not really maybe i need a road now but i'll accept what you're saying is mr cox we have a motion  p thank you sorry for the confusion i move that we remove six point zero five point zero one zero section b for tonight so that we can and that passes tand i won nay the ok so and the other discussion on the ordinance as a whole janet first thank you you've done a lot of homework on this and i appreciate the long night for you and all of your input thank you under section nine point five zero point one three zero repealing the begging in certain locations and i understand the rationale and how we are trying to avoid lawsuit or legal type issues please just for my own clarity and or a we are striking that no person shall beg on private property if the owner tenet or person in the lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property or has posted a sign clearly indicating that solution solicitations are not welcome on the property please talk to me regarding that and the issue of property rights if someone were to stand on my front property on my front yard and basically solicit and beg and i can't get them off my land talk to me i just need help sort of behavior would be handled under the general trespassing ordinance that we have on the books  we wouldn't be having a specific provision addressing the private property because we could handle it under trespassing perfect thank you that's what i need to know section b no person shall beg when either the beggar or the person being solicited is located within twenty feet of any automated teller machine provided however that when an automated teller machine is located within an automated teller machine facility such distance shall be measured from the entrance or exit at the facility the bank that i go to has drive in banking but there is also an automated teller outside have the banks had a chance to weigh in on this in my concern is people that are withdrawing money and you've got somebody there watching you in then asking for money that seems like a very awkward situation i just need to understand this better i understand your concern that's why i initially drafted this years ago but the federal court specifically struck down this provision in the grand junction ordinance and ruled that it was a content based on constitutional provision because it's based on what the person says the person is asking for money if the person came up to you when you were at the same a t m and said will you sign my petition it would be legal if the person came up to you and wanted to engage in conversation about the weather that may be equally frightening but it would be legal it would only be based on the person asking for money so the court has specifically ruled that this does not withstand constitutional challenge that's why i'm strike that's why i'm recommending striking it i was concerned that was going to be your answer thank you i'm very uncomfortable with this but if it's federal yes man so be it thank you so we have a motion five point two five point zero seven zero five point two six point zero seven zero and five point four seven point two eight zero pertaining to business licenses and regulations amending section six point zero eight point zero two of title six pertaining to animals amending section twelve point seventeen point one five zero of title twelve pertaining to streets and sidewalks amending section thirteen point twelve point zero seven zero of title thirteen pertaining to water and sewers amending sections fourteen point zero two point  and amending section fifteen point zero one point zero seven zero of title fifteen pertaining to housing code well done thank you so nobody's signed up to speak open the public hearing anybody was to speak all right i'm going to close the public airing this young welcome back good evening the vast majority of this ordinance is just cleaning up the provisions that reference the penalties several years ago the legislature expanded the rights of municipal court judges to impose fines increased the maximum fine provision from one thousand to twenty six hundred fifty dollars that's contained in title one a subsequent to that being passed by city council it was discovered that there were penalty provisions scattered throughout the municipal code and so all of these ancillaries penalty provisions are being amended to reference back to the penalty provision in title one which allows the fine of twenty six hundred fifty dollars so that is the vast majority of ordinance the other thing of significance is that the legislature has recently passed all kinds of changes limiting the authority of judges to jail someone who fails to pay a fine fine in that that creates an unconstitutional debtors prison this applies to minnesota court judges as well so word for word the language contained in the state statute relating to individuals who are unable to pay a fine has been incorporated into our penalty provisions in the  since this law was passed by the state legislature our municipal judges have been following it this bill incorporates it into our ordinances and sets forth the whole procedure that the court judges are to follow to determine if someone is unable to pay the fine or other court costs if it cause an undue hardship and coming up with an alternative sentence such as community service  any questions for missy on seeing i think you answer them all previous can i have a motion cancer vincent i move for the adoption of ordinance zero dash twenty seventeen dash sixteen on second and final read the second motion and the second any discussion seeing them name the clerk please read item nine an item nine ordinance zero two thousand and eighteen dash one vacating a portion of white street right of way between west fourteen thousand new and they are t d w line at west your own it is a common routine procedure that we just don't see very often it happens routinely across the state where you have a request by an individual or a property owner to vacate what is usually a paper right of way so we talk about vacating a public right of way very often the case is that there is no such right of way existing it's on the plat or some other documentation dedicated as public right of way but never stablished or used for that purpose and it's so this is a procedure under state law that determines the process to be used in this case vacation of right away by ordinance  and provides for where the vacated right of way goes to in terms of property owners and so if you have a situation where it's the entire with the right of way for this length of  ground and you vacate all of that the law says that the the two halves go equally to the adjacent property owners there's additional language to cover others circumstances in the state statute our regulations consist essentially of a couple of provisions in the subdivision code that says when there's a proposal to make a right away we shall follow the procedure under the state statute that i referenced so just because you have not seen one of these some of you not at all many the rest of you maybe not for a long time we just want to give that overview of the legal authority for this process and then turn it over to mr door for the details thank you mr cox that was in my notes and thank you for reminding numbers city council once again larry door city of lakewood finance director and city treasurer well for many of you this is my first time before you on a matter of a street right of way vacationing you might be wondering what the devil does this have to do with lakewood finances in any regard let me first open by describing that just for context i'll do that briefly first our property manager section of the finance department does a number of things in service to the community first we assist our planning department in development review and assistance and that's the the situation here we also this is our public works department in property acquisition such at the city can widen streets or build sidewalks install sewer water facilities or over the case may be our property management section is also responsible for maintaining the exact legal boundary of the entire city so that our public works department and our police department can carry out its business within the exact jurisdiction of the city whenever crimes occur no plowing is happening they need to know where those borders are and then last but certainly not least our rule our property management section is responsible for maintaining and organizing all of the real property entitlements owned by the city and reporting those on our various financial statements and disclosures we have over one hundred thirty million dollars in real property entitlements as a city and we need to make sure those are very carefully recorded on our financial statements  on property management what we're here for tonight is to provide due process to a liquid property owner and you'll you'll meet them in a moment and i think for many of you got an introduction to these folks back in september when they had another council action they'll be familiar to some of you and new to others but we want to provide due process under the statutes as mr cox described for property owners to make a formal request of counsel for the vacation of this this right of way medicare could you turn on the  document camera and i want to make sure that the audience here can see the map that was included in council's packet for this particular item and i'll give a couple of details south is the regional transportation districts w rail line to the west is independent street and the elementary school that is a part of jefferson county or one schools and as a kindergarten through sixth grade school with about four hundred students and then to the north of course you can just out of view is colfax but you can just slightly see west fourteenth avenue there the property owners that you'll meet in a moment they have a presentation are developing for sale townhomes on the properties listed as thirteen ninety ninety four fifty and thirteen ten and you'll see that this rectangle that i have highlighted in red in your packet and then just above it is what is hoyt st it's not currently being used by the public it's a dirt piece of land there is nobody driving on it in any any form or fashion and what is proposed by this development is that the owners will install at their expense street improvements that will be built along the entire portion there not just the part in red but all of that that is six hundred  twenty five feet by fifty feet including sidewalks curbs and gutters all of which to be installed at the owner's expense and maintained by the city in perpetuity that would be that would be sort of the going activity that would be the do nothing  move that's what will happen sort of naturally what's being proposed in the owners will make a presentation in a moment give the council the opportunity to ask questions but what is being proposed is that the southern portion they're represented in the rectangle will be vacated and that will become private property owned by the adjacent property owners who you'll meet in a moment and what that will allow them to do so if there's a couple of things first of all they will build a roadway that is not thirty six feet wide but rather twenty four feet wide and wall allow for head in parking along the street as opposed to parallel parking along the street this will only impact the residences that will be built right here because you might guess this portion of road will only serve those adjacent properties there's no way to cross the w rail line and of course that would dead end to the homes to the south in any event so as you can see this isn't a regional street or collector street and so forth in exchange for one of the benefits is that the city will no longer have to you would no longer have to maintain that private road for potholes snowplowing or ultimate overlay or replacement so that's a bit of the give and take for the vacation of right of way so now for a bit of an overview on the project itself and the proposal for the vacation let me introduce mr bryan queen division president of century in doing so i also want to tell you a little bit about the site plan and house progress since i was last before you in late september for those of you who are new to counsel a kind o walky through our site plan what we are proposing in this community is eighty two for sale attach townhomes now they are going to be constructed in four five and six unit buildings each town home as a two car garage and there is a total of two hundred three parking spaces on the project thirty nine of those are on street or designated head in parking spaces intended for guests of this community this plan uses private drives beyond the terminations of the public who eat right away with alley loaded units that front green courtyards or other open lawn or amenity areas the plan provides one point two two acres of open space which is approximately twenty nine percent of the overall site  area this next slide is a close up of some of these open space areas these include open lawn areas butterfly gardens which will be planted with plants that track butterflies outdoor seating and a fire p pet pick up stations and a production plaza on the south that provides a welcoming experience to users of the line now over the last several months we've conducted community outreach to the adjacent residents as well as the ivor neighborhood association the first those meetings actually took place just before i was before you in late september and at that meeting i was educated on some of the history of the site that i didn't practice in no including the pearson farm that that was on this property it was first purchased by the pearson family almost a hundred years ago in one nine hundred twenty one and it was through the course those initial discussions that we elected to name this project pearson growth and honor of this that history and the orchards that were on the site a couple of these photos in the presentation are actually photos that were given given to me by mar hanson of the pearson family as a couple in addition to the name is a couple of big changes that we've incorporated into this project over the last few months they're both related to architecture and i want to walk you through disagree so i tast architects in arkansas and team let's really study this this area and let's come up with an architectural style that's that's consistent that's in harmony with the buildings in the area and so they studied some and i'm not an architect but it basically you know this this elevation incorporates brick boarded and bat siding panels siding and of varying sizes and and it's certainly still you know a three story townhome on the end but it's but it's but it fits more with the architectural style of the neighborhood and it's more compatible with the surrounding residences the other big concern voiced by the neighbors and in particular the case in residences of the east was was the profile these buildings as i mentioned there are three story buildings and they were concerned understandably about the impact to their properties in terms of shadows in terms of how that would impact them and their quality of life frankly and so again we sat down with our consultant seem architects and said well what can we do properties to the east and so that's what we did each one of those units is is actually a two story unit the footprint slightly bigger unordered still can accommodate the living space that's needed in a two story as opposed to three story townhome you know but that's that's what then the next unit is is a three story building along with that what we did was a shadow study to show to look at how the shadows would be impacted before this change and after the change and they did it at the spring and fall equinox the winter solstice in the summer solstice and look at how the shadows were reflected with the before and after at the twelve o'clock three o'clock and six and clock time frame and  main impact it showed was that you know with this with this two story units you didn't have any shadows across the residences at all and the shadows in the backyards were or were much minimises very much lower shadows than before this line the second criteria is whether vacation meets the requirements of the provisions of karrada revise statute forty three dust to dust three zero one we see no apparent conflict with that statute whether the vacation third one is whether the vacation meets the proposed purposes of the lakewood zoning ordinance and subdivision ordinance there proposed a plan of the if it became the right away or not meets the requirements of the zoning code and subdivision ordinance with minor variations and the fourth one is whether vacate vacation promotes the health safety and welfare of the city now limiting the right away why not create adverse impacts to the surrounding residents or the city as a whole rather it reduces the additional maintenance and ownership costs of this right away by the city because it would be private it allows for on street parking to be controlled to prohibit light rail commuters from parking lessening the potential for congestion and what i mean by that is by having this as a private street that the parking there can actually be policed by this neighborhood if it's a public street and there's clearly people who don't live there park in there then they're in a position of having to call the city and complain that you know so and so is continually parking in these these spaces that are intended for guests of this community and that's not something that the city certainly wants to deal with those type of phone calls so with a private parking area this community can police itself  vacation of the right way will not cut off any future connections to the light rail line and finally the remaining right away is being retained to keep the flexibility for the public access for the existing commercial parcels so by building out the public right away for the northern half of fort st it remains that flexibility for those two commercial owners if they choose to redevelop and have access to that built up public street they have that ability and this slide this is showing you know more specifically what we propose you've got the existing whole history right away here you've got the public portion with the turnaround and then the private portion that we're at request and that's our presentation of course we'll be here for any questions comments you have thank you so mel open the public hearing and first up is mr look forward to working you know we look forward to working with you as we go forward this evening's topic we the planning committee have our organization has reviewed these plans and met with the planning department and at this point we see no reason to object to this right away vacation the alternatives this appears to be the best of the alternatives that we reviewed so we really don't have any strong opinion one way or the other we certainly don't object to it but i would like to if i may spend a couple moments here thank century communities for being i mean a ball to some of the suggestions that we have made and we think it is coming out with a better product in the end but regarding the  council policy that they got us to this point spoken with you mr mayor and are working on counselors about this topic the evening that this special district was granted it was a very late night the the  that was packed and i think sitting here in chambers there is a sense that i had that we just really wanted to get the business over and done with this very long procedure before that and i think  that this provision of the special district was not given the consideration that it really deserved to be that evening and so i asked the council to consider what we might special district that does not have that that is to geographically separated pieces has no common infrastructure again no reflection on the decision that was made that night that i would like to see if we can go forward and consider this a lesson learn good evening hi karen swanson thirteen twenty five holland i'm going to kind of jump around the board here because i've been taking notes all right i kind of don't agree with but lot of the neighborhood doesn't even know about this development yet it's just type of good group that was meeting and yes they kind of helped in the planning and decided on making it what it is now the shadow there's still a ton of shadowing on our properties i am on that property late we're going to have fifteen feet from my fenceline to these buildings i'm curious i don't know if i can ask this or what i'm not used to this whole city con council stuff but how many if you have driven by this property do you know what it looks like you've all driven by it light rail station down the road we get so much building it's getting out of canada skidding out of control i've written to stephen what's his name wilson a letter about this property i haven't heard a word other neighbors have heard back from him in response to their letters i've heard nothing back the impact on the aber school it's like didn't care you didn't care about the kids who were there there's going to be potentially one hundred sixty cars driving down that street with kids not to mention the other forty you know hundred forty units being built two blocks to the south north there's another hundred forty fifty three hundred cars going up and down that street it's too much it's too much  what paul is discussing about the special district decision we made on the two properties at midnight there was so many questions that were raised oh yeah i guess we should put a traffic study on next time ok let's vote  e we voted yes you voted yes to get the special districts so they could get their drainage i don't agree with it i threw it wasn't right it was it was not right to do that in my view and a lot of peoples and there are a lot of our neighbors aren't here tonight because they're just getting disgusted and fed up i just don't want you to vote yes and just so you can go home once you think about it as far as the maintenance on road yeah we don't have the fits fix potholes there is no road to fix battles on so i don't know where they're coming from and i don't know why the city person here is selling this program to the to you for them  i don't agree with this and i hope you vote no and i just please consider all building aspects of the city and enough storage units enough storage units i think you are listening thank you anybody else all right i'm a close public comment and i'm going to ask for a motion i move for the adoption of ordinance oh dash twenty thousand dash one on second final reading second we have a motion in the second and before i go into questions in comments two quick things mr ditson i'm going to actually propose on a retreat a process for doing special districts because we've had quite a bit of issues with them coming up because they're set for their elections they have two election times a year so if there could be a better process that would start earlier in the year and let people know if you want to special district you have to come forward so i hope council will consider that but that's certainly something that's on the radar and mr maule queen i appreciate your presentation i don't have a question yet i just want to say one thing that we did stress the night that the special district was approved was your intent to work with the neighbors and originally you did have three stories backed up against a single family so i appreciate that you took that into consideration and tried to work that out to to story so with that i'll go to west side of hoyt it looks like the property at just immediately west of there what is that there are two hundred fifty there's actually just that the trees in this depiction makes it look like that might not be well we will build the tree long as part of the public right away with their own food sidewalk and tree lawn and then if they if that's what they desire to have an access then they can have an access cut into the trees and if they don't how do we ensure that future proper owners of that property if they ever sold it would have if they decide they don't want to access now would that possibility of access be preserved through future that's my understand when we first started looking at this project and talking to lakewood staff we kind of discus it and they still said it needed to be remain public right away to to afford those property owners or their successors the ability to redevelop and and such redevelopment or such they may desire to have that access and so this preserves that for those property owners thank you  don't know how you might be able to mitigate to think we should all be concerned about the safety of those kids as well as as the traffic flow from independence to colfax which is already  severely hampered that is more of a comment for us up here than for you also innocence and i'd like you to know that when i was knocking on doors a couple years ago know well past your door that your yard was spongy and so was your neighbor's yard to the north they're very poor drainage in there and it's it must be very difficult to live with it as it is there are a number of places for in fact generally when you put a large building on permeated soil it's going to force the water table to rise and it is already of from what i saw a couple years ago pretty close to the surface there so i hope that we are addressing those issues at a very serious way  those are my comments i agree with mr dissin that we make that choice is when we're too tired are not bad choices necessarily but questionable choices just to address that part of your comments the most wants and mentioned it's fifteen feet from her fence to the wall of the closest building that you're going to put there that is correct the setbacks along the eastern portion are fifteen feet ok i thought we had a transition from single family residence to multifamily that was more along the lines of seventy five feet or is that can you explain that to me mr parker mr transition zone along that eastern property line there is along the south for the height transition zone for that seventy five feet that limits the height of the building and it's not a setback so the the project doesn't if the fifteen foot side and we are set back so that a transition zone is seventy five yards or seventy five feet to that third storey elevation is  yes along the south property line ok thank you for explaining that her thank you i just wanted to make sure that i understood what we're voting on tonight to make sure that it's not too late for brains what we're actually talking about is vacating the private road information as a council we're not approving or disapproving of any of the where the buildings lie or any of the high it's or any of that that's planning department what we're looking at right now is whether or not we're going to vacate that piece of property that would become a private road i don't want our discussion and people at home thinking that we have the right in this discussion right now to say yes or no on your development and even further with the planning to parents already working with you in terms of height of the building setbacks et cetera that's already in code and you're already working with that so what our focus in our discussion right now tonight is vacating that private road hours are from eight forty five to three forty five so that the prime time of commuting out of this subdivision fortunate would be before that that time period however you know one of things we've talked about internally and be prepared to commit to do tonight is and we did this in another town home community in arvada that is adjacent to an elementary school is to to put in a rapid flash beacon i'm not sure that's exact term of basic what it is it's something that kind of flashes that and aides and  crossing the street in this case would be from crossing one side of independence street to the other and says that's something i've we we want to commit to and we think it's it really is going to work well and was well received in this other project i think would work great here to now is fun yes understand what we're here for tonight was addressing the concerns voiced by our community numbers which i think support of our duty and i understand that you have been very good in working with the community and trying to address these issues as best you can so i appreciate that very much just have a quick question on that easement right away or the street there quick question where's the sewer lines in the water lines located where were they located now  mean where where were they going to be located at is it underneath that street i probably need to defer to somebody is a little more knowledgeable on the on the engineering and the myers i go to her for all the answers he's our director of entitlement quick question on on that private street mike my comment is where are the sewer lines located where are the water lines located in this project are they underneath that street they are under various sections of both open areas and also under the private street however they are also subject to public utility easements they provide access for the city to get in there and repair maintain those lines if they need to so that is that private road on the top would have the curb and gutter in the street and mail you know with asphalt but underneath it still a right away if i understand this right with the sewer lines underneath if they needed access it's not a public right of way it is a utility easement that gives the city the right to go in there and to maintain then you tell it he's ok same thing with the electrical the water whatever utilities that would would go along in your project is a city has jurisdiction over the water in sewer there isn't there and storms are pushing through the storm sewer portions of the storm so are private in this community and will be maintained by the community itself other portions are public and they would be in the same kind of utilities once gas and utility are in separate easements that are accessible by the providers of those utilities ok so for example you have the private road and then a little bit to the north you have the white street which has you know a dead end there is the white street considered a public right  away up to the cul de sac is considered a public right of way yes so that if i understand this correctly everything south of the white street which we're talking about the little piece a strip of  land there is you want to use it as a private street but yet it's being used as utility underneath is that correct yes personal ok thank you well first i'd like to say that i believe that growth needs to be done respectfully and defined by the citizens and i do appreciate that you have reached out to the community and that you are calling it pearson grove that does mean a great deal to the hanson family thank you and also i'd like to speak to the issue that paul brought up regarding the late night vote and i think all of us have learned a lesson hopefully that when we are dealing with some of these serious land use issues that deal with people's quality of life and their property values we need to take a look at hell eight were stand up and making these decisions i think we've learned a lesson i hope so and i'd also like to just comment regarding that night's vote i did vote no for this particular project two properties that were not connected were connected not connected geographically but had one vote i believe that that is very bad public policy to tie to projects like that together and i hope that we have learned from that as well paul mentioned it set a precedent and i hope that we do not continue to look at business like that again  regarding the traffic i think that you're going to hear there's a regarding the traffic on independence traffic is cumulative and the situation is this i know that you're aware of that just north of you metro west is also doing a a substantial build out i think it's one hundred fifty six units and a traffic study was not done and we as a city council need to also take a look at that when we look at our zoning ordinance that when we are in the middle of when the city is in the middle of looking at build outs like this and also on quail stor irq scuse me oak street that impact studies need to be done that needs to be part of the process and not thought of afterwards so that that's not your issue that's our i'm hoping we're learning from some things here independence does not have sidewalks there and i very much appreciate that you're going to put in some type of device to help the kids get across the street there is going to be an impact on i propose with your development in the one to the north and i appreciate that you're going to come to the table  that i will be voting yes this is the best that we can do and you're trying to get traffic or parking off of the main street so i appreciate that so i wanted to be the best it can be i thank you  you mean there was a slight earlier that you listed the legal requirements that were necessary in order to to vacate this right away we go and i guess my question is  might understand that our legal counsel in our legal department has a review dad and that it does in fact meet the legal requirements that have been set forth those criteria come out of our subdivision ordinance  and so those would be the criteria against which you'd be measuring this decision and staff determine that there is compliance with those provisions so the answer is yes that they they have been met those requirements to believe that's that's the council's decision but that's that staff finding ok that's that finding is that your office or planning we work together on this so we provide advice to the departments and they act on that advice ok because i mean it's a legal it's a legal question and if we're going to act on it we want to know that we're on solid ground ok yes how many units i know you said that and i missed that  white there i think it's always important to kind of talk through what if let's just kind of flip to this what if this doesn't go through what if we don't vacate this what what would be the impact to the community you'd have to make the road the city would have to maintain a dead end street i just want to make sure that folks know because oftentimes it's not a choice of doing nothing it's doing one thing or the other side want to understand if we say no and you've got to make that a street all the way through what does that change for the community does those where you lowered some of those rooftops to those have to go back up because now you've got more pressure what happens if we say no  they if this request for partial vacation was turned down then really what we'd have to look at is it is building the full right away of what street all the way to the light rail line and so basically what you do is you take that cul de sac bold new move it all the way down and then you kind of realign the buildings you know the you know going north the pond might shift slightly you know the biggest the biggest impact in the biggest detriment is that you know what street would lose all the parking  that benefits the community and that's kind of a two fold problem i mean you know the parking ratio is is is met without that parking but it's but it's really a benefit to the community have that guest parking and so it's going to be much reduced because on the public portion of what you're just parallel parking you don't have the head in parking the other component to that is that you know there's this community loses the ability to police that parking and so what the fewer spaces you do have you don't have any control over who's parking their cars the public street and so that's kind of the two full benefit that basically i mean they answer a question as we would go forward with the project but it would be building out the complete street right away and just kind of working around it right and we know from our community that the overflow parking into streets is a huge concern i also lived in a townhome community that didn't plan well for parking and we all fought like cats and dogs for it and tried to race home from work would it change any of the building configuration would we lose that sort of stepped approach i'm just trying to understand the full impacts of if you have to widen that street possibly that building then when we see those buildings there they may not be able to sit where they're currently positioned i mean we hadn't gone that far in an analysis of the alternative so i'm not prepared to say if you know you know if we have to change the configuration of the buildings or or those two those two story units i mean of course we still want to work with the neighbors but ultimately with the project has to be viable whether it was you know fish number unit so i mean we you know i have i haven't gone that far in the analysis but you know the biggest thing that jumps right out is this is the parking issue and going to comment that i think that the city not having to maintain down to a dead end street there's benefit to that we've seen other areas on the head in parking for me while i know that there is no development that is ideal but you're putting a lot of these things in there i'd like to see over time that we work on our setbacks i think that we're making some some high pressure areas but overall i think this is probably the best and highest use of this and so i will be supporting it thank you you mr ditson just wanted to address what you had mentioned and i you know the any land use issues i think are the most challenging and difficult ones that we face as a council and so any way that we can improve it and wonderful so i really appreciate your willingness to come to the table for that and then also several others have mentioned this but we do see a lot of community concern when there isn't a gues so i think this is going to be an improvement though admittedly maybe not what a lot of the neighbors would have liked to see overall but i think this will be make it better so i will be supporting it as well thank you  what am i missing were all the other parking spaces sure that i actually guessed right i understand that i was listening when you said drive in garages and all that so there's a total of out there's two and two ok ok there's four ok then then if you go to the public portion of point on the side with a commercial buildings are there's nine parallel spaces and then on the eastern side there's four parallel spaces and then there's also four parallel spaces on fourteenth so you're counting the public street hoit you're counting nine six bots you're counting that in your thirty something to thirty nine correct ok but that's not dedicated to guests they could be go into the office building or they could be going to the school they could be gone just about anywhere that's correct their public and it's it's first come first serve as any public space would be now given their location they're more convenient for for this this community but not to say somebody else can park there so within the actual community itself with the pink dots and we've got the drawing there there's twenty some odd spaces within the actual community not counting if you exclude the public portion of point that's correct there's twenty two ok thank you but thank you just for clarity i guess i didn't i should have thought this there's eighty two townhomes twenty two off street parking places for them and you are including parking on fourteenth avenue and on the public street white that including those that sets a total of thirty nine thirty nine parking places for eighty two town homes now that's you know that the residents are allowed to use their garages for storage i mean they're there they're intended parked their cars are ok i think that leads to another another thing we as a council need to be looking at and that is when developments occur and it is considered ok to use the street for parking we all know in our own districts that there is an issue with people parking on the streets and what it's causing in those in those neighborhoods and i am very strong that when we create public policy it's called doing to others and that we think about how our impact of our votes and what we're doing up here is impacting other people's neighborhoods i'm just throwing that out to you thank you ok anything else pertaining to the motion all right seeing  have a motion of a second please robot passes eleven i zero ne's general business we have one topic for discussion councilor johnson thank you that's already been addressed really it was regarding harappa whole house there's been another facility that is open for police i was concerned that we should be updated when arapahoe house close because we're the largest users and  and also i'd like to ask the question how soon do these council requests need to be and before they will be addressed so they just need to be you know originally when we went to this policy we were going quarterly but we've tried to just get a man as fast as we can thank you and so has to be think we go back two weeks at least two weeks so it can be in the packet has great detail about this alternative withdraw management program so so i read it again today and thought well make sure that is posted i think if anybody has any questions it's a great document to refer them to because it covers everything from soup to nuts and everything in between and that is a document that has been signed by all of the agencies that support this withdraw management program so we're somewhere in the middle of the signatures eventually it will be completely signed by all of the entities and we'll make sure that's on record it's a good document with a lot of detail thank you executive reporter two things thank you the ribbon cutting for the big belly initiative is february eighth at eleven o'clock at the bear creek greenbelt big belly that's all i'm going to say about so you are curious you know look it up big belly if if that applies to you yeah other thing is that i think there's been a misunderstanding in the community about an annexation that is being proposed property this last piece that was in the final piece isn't technically in the city of lakewood so that is requiring an annexation but there's a rumor i have heard that there's going to be some kind of development on that property and that is not accurate there won't be more developments this is going to be delayed to the city as park an open space which has as you know all kinds of protections on it so this park an open space there will be a public meeting that's how it will be held this thursday january twenty fifth at greenmount recreation center at six thirty to discuss this particular annexation one more time there is no development proposed for this property it's simply an annexation please attend that meeting and if you have any questions feel free feel free to contact the city there was a letter sent out to neighbors within five hundred feet of the boundaries of that particular property and i wanted to make that one more announcements thank you  thank you mayor just quick reminder we're going to be having our war three meeting saturday and i also want to put a short little plug and then i'm kin really excited it happens to be an award too so i'm just going to go ahead and mention it but roller city they're still working on it they're projection date is about thirty days from now so then they'll have a soft opening and then they'll have a hard opening and they have some so beautiful plans on how to deal with young folks thank you else are able i want to mention that the jeffco action center has been offered a matching grant fund and for every buck you donate now they get two dollars and they provide so many vital services to folks in need  harrison i just wanted to report on a ribbon cutting that i attended that was kind of new and different it was the colorado krav maga opening it is a self defense place in ward five and what was very interesting is they really focus on women teaching women how to participate in self defense and really encourage moms and daughters  attend and however you can get your neighbors there was very interesting and i i was pleasantly surprised to see the empowerment of women so strong and this is by a lot of great guys so go ladies it's wonderful and i think we ought all to it thank you my thunder i was going to mention the green mountain meeting this week on thursday and i will note that one of the issues that were why this rumor and i've heard the same rumors and call even more than rumors it's people are very concerned and anxious about this is because on the notice if you read it they say that they're going to zone it into a residential zoning which does not match up with the idea of open space so that is something that but for that we may not have had this issue and so i know that we all say that it's not going to be developed but then they say well why do you have a  building zoning on that property so that was the comment to that that's accurate we actually don't have a parks zoning so and this sony matches the rest of the property so that is unfortunate because it feels like it's going to allow for some kind of development and the truth is it isn't right so pencil that in the movies on the talk about is having that zoning  and then the only other thing i was going to mention for everyone that does have concerns about the as we all do with the fed center build out the website lakewood org they are constantly putting documents on there every day as we get them for instance the newest addition of things to ms hanson is the full application from c c h the thick application that wins age h s is now  e online or will be very shortly vailable online and so i urge people to keep calling us barbara and all of your counselors and keep writing us but know that those documents are available as soon as we get them we're going to keep posting them thank you and the contact information for the c c h folks are within that within the information on the website so those those folks can be contacted directly as well elsewhere in the bear i was going to repeat something i mentioned at the last council meeting just if you see issues in the neighborhood i'd recommend you go to lakewood or forward slash requests lakewood it's a good resource for the city to actually track and understand the issues that you're seeing in the community as far as graffiti or whatever else you're seeing so i just want to reiterate that point because i'm getting a lot of emails from constituents are concerned about different things like your feet and you know those are what i end up doing is referring those to the requests like when i'm following up to make sure that those things are being addressed and we've been seeing some some things being cleaned up like on our signage and whatnot so that's really great but just want to reiterate that thank you for johnson cancer johnson thank you i would like to respond to a comment that was made earlier regarding the proposal for the denver federal center two or three years ago i am comfortable with my advocacy and my vote at that time regarding the city building a us a new u s g s building in return for acquiring fifty nine hundred years the real value and strength of representative government is that we can see things differently and vote differently also i'd also like to just mention at that time for some clarity during the discussions of center acquiring the property for the hospital the colorado coalition for the homeless did have a seat at the table at that point and at that point they decided to to pull away from that that was something that the former gentleman apparently was not aware of and last i would just like to advocate that we use the template for the for the grocery carts that the mayor and i actually reviewed close to a year ago from california it's a good starting place i haven't seen anything on our agenda regarding shopping carts and at the i ber meeting i was actually asked about it so i just like to put in a good word for that one and see what we can do to get going on that thank you of mary's pond that is actually scheduled for march fifth study session it's finally scheduled in black and white thank you i did not see it thank you thank you but with a potential ordinance that  this weekend and i want to thank sergeant adrian for his patience i want to report i want to report that very impressed with our with our men  blue men and women in blue there their first class operation comes of frank well i just wanted to say i have a really good meeting tonight with head start it's my first time on that particular committee and as a former head start alumni it was tons of good information staff amazing amounts of information i asked tons of questions and i really want to dig into the program so that was exciting we look forward to kind of bringing forward news on that also very excited to see we have a very full slate of volunteer applicants for our various  committees that that's where i will be this thursday rather than at the community meeting for the green mountain and i did want to reiterate i think it's the language it's how we set that aside and i think that we've long talked about wanting to have a special zoning designation for our parks so there isn't that confusion and where you see this overlay and you think that at any moment in time those things can be developed so i think that when we look at the setbacks which i think we absolutely need to look  t increased parking so we reduce those types of things limits on the numbers of parking that can be for a single residence i saw one the other day which looked like must been a mechanic shop all of those things i think that we're excited about to work on and when we get to our retreat i'll be bringing those up as priorities for that we want to kind of work through but other than that our next council meeting isn't until the second to saturday in february and that will be with the school board c e o stephen bell so be sure to come if you've got questions on how development is impacting our schools and what their plans are thanks  well we started our legislative committee and we had a great first meeting it's one of my favorite committees to serve on and we actually got to see a lot of the bills that then we were discussing tonight during during the last years session so thank you for the opportunity to serve on that committee and i'm going to say for our next meeting just a heads up if you are on a committee and you would like to give a report that would be a great opportunity under general business so whatever committees you are on thank you lakewood church of christ they hosted a community conversation yesterday and they had myself and former mayor steve burkholder and that was a great conversation again thank you to the elks community for hosting the severe show severe weather shelter warming spot i was there for their first ni action which was last monday and had about thirty some people keep in mind planning commission will be talking about development on this wednesday on top of that a lot of the things that you've heard tonight about  building and development are being addressed in the building dialogue so that's going to be coming back and we will see that soon we heard a comment about economic development and i would encourage mr pla kinda reach out to  department and really get a better understanding of who they're targeting i think there's a lot of primary businesses and secondary that we really do target and we have a great partnership with jefferson county economic development corporation to  try to attract businesses and i think we have been successful so i'd encourage you to do that our ad hoc committee we will be proving everybody finally got back to me for campaign finance and contrary to popular belief we did update that about four years ago so we will be doing that again in this council members will be counselor able counselor libby or counselor bieda cancer skilling counselor harrison and myself so we will get that going and then something else oh the colfax marathon relay team so who is on that so we can start making sure i think dana myself jacob david and miss hudson's trying to look good i think is that accurate ok so there's a saturday fun run as well so if somebody on this team wants to maybe jump in replacement sod's and i think she'd probably happily give that up but we need to start looking at planning that and then as far as the coalition goes we'll continue to keep you up to date with all the information i will be in washington d c this week i'm hopeful to hopefully get a meeting with h h s and just to have a face to face conversation about the community's concerns