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HomeMy WebLinkAboutZOA-15-01& AA I V� 14/1-�) Carol Lyons, IES Executive Director, Sean Mangus, IES Tree Project Manager, and John Kelly, IES Growing the Greenbelt Program Coordinator. Councilmember DiTullio, who has been involved with this program, had City Forestry supervisor Margaret Paget join the group. He explained this is the third year that the Parks Department, IES and his WRHS Career Exploration Classes (about 30 students) will be working in the greenbelt to plant trees, build wildlife protection devices for trees, and learn about parks and forestry careers. He presented IES with additional monies that will be used to purchase larger and more trees: Donation of public outreach funds from Councilmembers Starker, Wooden, Pond, DiTullio and City Manager Patrick Goff totaling $1,100 Personal check from Mayor Jay for $100 Personal check from City Attorney Jerry Dahl $100 Carol Lyons gave remarks about working with Mr. DiTullio, Margaret Paget, and all the community volunteers on the challenge of keeping up the priceless jewel the Greenbelt is without a lot of resources. They are still replacing trees from the storm of 2009, but the survival rate has been high — 90%. Volunteers are welcome to join them Friday, April 17 from 9:00 — noon in the Greenbelt. Tonight's donations will be used to match a $2,000 grant from the Colorado Tree Coalition. CITIZENS' RIGHT TO SPEAK Vivian Vos (WR) invited everyone to a joint community meeting of Citizens for an Inclusive Wheat Ridge and Keep Wheat Ridge Local this Wednesday, March 25 at 6:30pm at the WR Grange just east of the WR5-8 school. Anyone can attend. Kim Calimino (WR) thanked members of the WR2020 Wheaties Academy leadership academy for their community engagement. — She congratulated Patrick Goff on his award and thanked him for his recent Connections article on the importance of civil discourse. — She invited everyone to the last WR2020 Food & Film series this Wednesday at 6pm at the Active Adult Center. The film is Food Patriots, a documentary on how our food systems and small changes can make a difference in our food sources. APPROVAL OF AGENDA Motion by Councilmember DiTullio to move Item 8, the discussion of the public survey to the April 6 study session when all councilmembers can be present; seconded by Councilmember Starker; carried 6- 0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill No. 07-2015 — An Ordinance providing for the sunset of the Animal Welfare and Control Commission Councilmember Urban introduced Council Bill No. 07-2015. This Commission that has functioned since 1977 is no longer needed. The Police Department takes care of everything. (1c z Clerk Shaver assigned Ordinance 1569. Mayor Jay opened the public hearing. City Attorney Dahl informed the Council that he believes all the references to the Animal Control Commission have been removed from the Code. Public Comment Heather Cameron from the Foothills Animal Center was present to praise the Wheat Ridge Police Department's Animal Control Officers and spoke about the Center. Nancy Snow (WR) spoke in opposition to getting rid of the Animal Welfare and Control Commission. She knows it's a done deal, but thinks it's sad. She appreciates the volunteers who serve their community and hates to see them dumped. In the past they have been very helpful with neighborhood disputes over animals. Now there will be no neighborhood mediation, only police action and giving tickets. Chief Brennan offered that the City does more than enforcement; they have started mediation services and education programs. He believes times have changed. He recognized the expertise of the Commission members and said his department will use their expertise in the future. Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission and that it take effect fifteen days after final publication; seconded by Councilmember Pond ; carried 5-1, with Councilmember DiTullio voting no. ORDINANCES ON FIRST READING 2. Council Bill No. 08-2015 — An Ordinance authorizing and approving a Lease Purchase Financing Agreement for Solar Panels with Alpine Bank and, in connection therewith, certain related documents and transactions Councilmember Pond introduced Council Bill No. 08-2015. This agreement for $800,000 will be used to finance the purchase of 40% of the power from the Jefferson County 2 solar array for 228.42 kilowatt hours. $776,628 is for purchasing the solar array panels; $23,372 is for financing origination fees. These monies will be financed over 15 years at a rate of 5.70%. — The City will be receiving credits on Xcel's electric bills that will be used to pay off the capital investment. When the initial capital investment has been paid off, the bill credits will become income for the City that may be used to offset a portion of electricity costs. Motion by Councilmember Pond to approve Council Bill No. 08-2015, an ordinance authorizing and approving a lease purchase financing agreement for solar panels with Alpine Bank and, in connection therewith, certain related documents and transactions, on first reading, order it published, public City of _��Wh6atP4dge ITEM NO: I I DATE: March 23, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2015 - AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (03/09/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (03/23/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES ® NO City Attorney City Manager ISSUE: This ordinance sunsets the Animal Welfare and Control Commission. The Commission is no longer needed to perform functions which are otherwise in the charge of City departments. PRIOR ACTION: The Animal Welfare and Control Commission has functioned since 1977. FINANCIAL IMPACT: Sunset of the Commission will reduce expenses associated with conducting and staffing meetings of the Commission. BACKGROUND: The Home Rule Charter, Section 9. 1, permits the City Council to create and dissolve boards and commissions. The Animal Welfare and Control Commission has functioned since 1977. In recent years, it has been difficult to fill the open positions and to satisfy the requirement of one veterinarian serving on the board. Additionally, the work of the Commission is largely accomplished by City staff. Council Action Form — Sunset the Animal Welfare And Control Commission March 23, 2015 Page 2 RECOMMENDATIONS: Staff recommends approval of the ordinance. Planning Commission reviewed the Ordinance on March 5 and recommended approval. RECOMMENDED MOTION: " I move to approve Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission for the following reason(s) REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2015 2. Staff Memo of February 24, 2015 3. Planning Commission Meeting Minutes of March 5, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO. 07-2015 ORDINANCE NO. Series 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION WHEREAS, pursuant to Section 9.1 of the Home Rule Charter, the Council has the authority to provide by ordinance for the continuation or the sunset of all City Boards and Commissions; and, WHEREAS, the Animal Welfare and Control Commission has capably served the City of Wheat Ridge, its residents, and most important, the interests of wild and domestic animals in the City since its creation; and, WHEREAS, the City Council expresses its sincere appreciation for all members of the Animal Welfare and Control Commission, both past and present, for their diligent contributions to the Commission's vision; and, WHEREAS, the City Council has determined that it is in the best interest of the City that the Animal Welfare and Control Commission is no longer needed to perform functions which are otherwise in the charge of other City departments, and therefore has determined to sunset the Commission. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Animal Welfare and Control Commission is hereby terminated. Section 2. Section 2-52 of the Wheat Ridge Code of Laws is amended to read: Sec. 2-52. - Establishment. The following boards and commissions of the city are hereby established: Cultural commission, , parks and recreation commission, building code advisory board, planning commission, and board of adjustment. Section 3. Section 2-56 of the Wheat Ridge Code of Laws, entitled "Animal welfare and control commission," is repealed in its entirety and renamed as "Reserved." Section 4. Section 4-2 of the Wheat Ridge Code of Laws entitled "Animal welfare & control commission" is repealed in its entirety and renamed as "Reserved." Attachment 1 Section 5. Section 4-10(c) of the Wheat Ridge Code of Laws is amended to read: It shall be unlawful for the owner of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by the community service officer. The location of such confinement shall be determined by the aa+rnal COMMUNITY SERVICES TEAM SUPERVISOR and shall be at the expense of the owner. Section 6. Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or wild animals" is amended to read: Sec. 4-14. - Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a native animal of this state or not. (b) Exceptions. The aRiMal welfaFe and GOR I GGFnFniG6i CHIEF OF POLICE may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. (c) Potbellied pigs: (1) Any exceptions granted by the CHIEF OF POLICE for a potbellied pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows: a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; b. Every potbellied pig must be neutered or spayed by the age of four (4) months; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d. The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; f. Outdoor enclosures must be kept clean; g. Prior to the granting of an exception, owners must review educational materials provided by the CHIEF OF POLICE related to the care and keeping of potbellied pigs; h. The CHIEF OF POLICE shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and The CHIEF OF POLICE may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs, Sus scrofa vittatus, which is an exotic animal, shall be permitted in the Agricultural -Two Zone District and shall not be subject to the requirements of subsections (b) and (c). (3) Notwithstanding the requirements of chapter 26, the keeping of an exotic animal for which the CHIEF OF POLICE has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the affected property. (d) Specific animals enumerated.- (1) numerated: (1) The following animals are domestic animals: Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks, geese. swans, poultry). Domestic rabbit (Oryctolagus cuniculus). Mongolian gerbil (Meriones unguicularus). Guinea pig (Cavia porceilus). Hamster (Musorcriectus auratus). Domestic laboratory mouse (Mus domesticus). Domestic laboratory rat (Rattus rattus Albino strain). Domestic cat (Felis catus). Domestic dog (Canis familiaris). Domestic livestock, including, but not limited to: Horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine (except potbellied pigs, Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). Section 7. Section 4-34 of the Wheat Ridge Code of Laws is amended to read: Sec. 4-34. - Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six (6) months of age or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police. (b) Kennel licenses must be renewed every year between January 1 and March 1. Ne keRRel liG be issued (c) The yearly license fee for kennels shall be as established by the CHIEF OF POLICE. (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital. (e) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age. Any person or business applying for or holding a kennel license must be currently licensed by the State of Colorado. Pursuant to the Pet Animal Care and Facilities Act, C.R.S. §§ 35-80- 101-35-80-117. The issuance of a new kennel license shall be based on the following minimum requirements: Application for a new kennel license or for transfer of an existing license shall be made to THE CHIEF OF POLICE afld The application shall include a detailed description of the property to be licensed. The chief of police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section., a#eFFeview Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours. Vielati()RG of any of this seGtiOR may be bFought bbefoFe Me May FeGeFnMeRd, and The chief of police may revoke, suspend or not renew a license for failure to comply with any of the requirements of this section. No such action may be taken without prior notice to the licensee and an opportunity for the licensee to present evidence and testify. No decision by the chief of police under this section shall bind, alter, or affect a subsequent decision on a subsequent application, either for a new kennel license or for renewal of an existing license. Nothing in this section shall affect the independent authority of appropriate city officials to take action with respect to vicious animals, threats to public safety, or the enforcement of any other provision of this Code of Laws. Section B. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read: Sec. 26-605. - Large animals. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the CHIEF OF POLICE. F. Upon receipt of any complaint involving large animals as defined herein, standard nuisance abatement procedures will be followed. Additionally, code enforcement personnel will make the complaint known via the COMMUNITY SERVICES TEAM SUPERVISOR ARE supeFiRteRdeflt to the CHIEF OF POLICE who shall AUTHORIZE CONSULTATION WITH AN APPROVED VETERINARIAN OR ANIMAL CONTROL RESOURCE AT ANY TIME. The ss+ iss+e+i CHIEF OF POLICE will investigate all citizen complaints regarding large animals or their equivalents. The CHIEF OF POLICE will develop written procedures as to FOR how citizen complaints will be investigated, monitored, and disposed of. Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all other references to the animal welfare and control commission not contained in Sections 1-6 above and the replacement of that phrase with "COMMUNITY SERVICES TEAM SUPERVISOR." Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 tot on this 9th day of March, 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 23, 2015 at 7:00 p.m., in the Council Chambers, 7500 West 291x' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2015. SIGNED by the Mayor on this day of 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: March 12, 2015 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us City of '� W heat I�idgc POLICE DEPARTMENT Memorandum TO: Lauren Mikulak, Senior Planner FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: February 24, 2015 SUBJECT: Sunset Ordinance for Animal Welfare and Control Commission rAUA On January 10, 2014, the police department requested the assistance of a professional facilitator to work with the Animal Welfare and Control Commission (AWCC). Members of the Commission were apprised of this request, and have been supportive in this process. June Ramos of J. Ramos Associates, LLC was selected to work with staff and the AWCC. Interviews with members began in April, 2014. On July 15, 2014, Ms. Ramos presented the AWCC City of Wheat Ridge Summary Report/Data Interviews to the AWCC. Ms. Ramos presented her report to City Council at a Study Session on September 15, 2014. On January 26, 2015, Council directed the City Attorney to prepare an ordinance for the sunset of the Animal Welfare and Control Commission, as it is no longer needed to perform functions which are otherwise in the charge of other City departments. Sunset of the Commission will reduce staff, time and expenses in staffing and conducting meetings of the Commission. The Home Rule Charter, Section 9.1, permits the City Council to create and dissolve boards and commissions. The Animal Welfare and Control Commission has functioned since 1977. In recent years, it has been difficult to fill the required members, including one veterinarian. Additionally, the work of the Commission is largely accomplished by City staff. Staff recommends approval of the ordinance. Attachment: AWCC Summary Report 07152014 Attachment 2 City of W heat Ridge PLANNING COMMISSION Minutes of Meeting March 5, 2015 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair OH Chambers of the Municipal Building, 7500 West 2. ROLL CALL OF MEMBERS _ 3. 4. 5. Commission Members Present: Commission Members Absent: Staff Members Kimsey Steve Amanda 10 p.m. in the City Council ue, Wheat Ridge, Colorado. Division Chief Secretary MMS and seconded by Commissioner KIMSEY APPROVAL O111111VES — January 15, 2015 It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the minutes of January 15, 2015, as written. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes March 5, 2015 Attachment 3 7. PUBLIC HEARING A. Case No. ZOA-15-01: Ms. Mikulak presented the case. There was no digital presentation. She stated the purpose of the hearing was to review a simple change in Chapter 26 related to the sunset of the Animal Welfare and Control Commission (AWCC). It was a policy decision made by City Council and there is a brief history in the stag` memo. The role of the AWCC has changed since its inception in the 1970's. After a year of discussions and work between City Council, the City Attorney's office, the Police Department. the AWCC and a consultant, it was deci d that dissolving the commission is the appropriate decision. Planning Commission and Community I However. the sunset does affect Chapter Planning Commission. The AWCC4ap animals. The reference is proposed Community Services Team Supery animal control. Staff recommends will review the ordinance Igler this moral Vice Chair OHM opened Vice Chair closed the public It was as not involved in the decision. We a ent is to be reviewed by !renced in r s to the keeping of large anged to The of Police and the are responsible f e enforcement and of theme change. said City Council non the audience to speak. by Commissioner DORSEY to ina for the sunset of the Animal Welfare and I Co ission. exp r ern as she is a large animal owner. She ted she ke code en ent and finds their animal expertise to be ry good but o is not agriculturally based. The commission has been a of people is a animal owners. She thinks the citizen involvement pie essential as ity is ly encouraging urban agriculture. She wanted to ensur t CSOs we ained to handle different types of animal situations. Division Chief LAW confi the CSOs are trained to handle different types of animal situations afflglthe rs of the AWCC will still be available for assistance. Commissioner VIWVER expressed appreciation for how the AWCC handled the dwarf goat issue by supporting a code amendment. Her comments indicated that she may be disagreeing with the decision to sunset the board. Ms. Mikulak reminded the commission that it was Council's policy decision and the Planning Commission does not have jurisdiction to discuss the merits of the sunset separately from how it affects Chapter 26. Vice Chair OHM called for a vote. Motion approved 5-0. Planning Commission Minutes —2— March 2— March 5, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO. 07-2015 ORDINANCE NO. 1569 Series 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION WHEREAS. pursuant to Section 9 1 of the Home Rule Charter the Council has the authority to provide by ordinance for the continuation or the sunset of all City Boards and Commissions. and. WHEREAS. the Animal Welfare and Control Commission has capably served the City of Wheat Ridge, its residents. and most important, the interests of wild and domestic animals in the City since its creation, and. WHEREAS, the City Council expresses its sincere appreciation for all members of the Animal Welfare and Control Commission, both past and present. for their diligent contributions to the Commission's vision, and, WHEREAS. the City Council has determined that it is in the best interest of the City that the Animal Welfare and Control Commission is no longer needed to perform functions which are otherwise in the charge of other City departments, and therefore has determined to sunset the Commission. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Animal Welfare and Control Commission is hereby terminated. Section 2. Section 2-52 of the Wheat Ridge Code of Laws is amended to read Sec. 2-52. - Establishment. The following boards and commissions of the city are hereby established Cultural commission, parks and recreation commission, building code advisory board, planning commission, and board of adjustment. Section 3. Section 2-56 of the Wheat Ridge Code of Laws, entitled "Animal welfare and control commission," is repealed in its entirety and renamed as "Reserved.' Section 4. Section 4-2 of the Wheat Ridge Code of Laws entitled "Animal welfare & control commission" is repealed in its entirety and renamed as 'Reserved ' Section 5. Section 4-10(c) of the Wheat Ridge Code of Laws is amended to read It shall be unlawful for the owner of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by the community service officer The location of such confinement shall be determined by the aRiFRai COMMUNITY SERVICES TEAM SUPERVISOR and shall be at the expense of the owner. Section 6 Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or wild animals'' is amended to read Sec. 4-14. - Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals. that is, any animal that is not a domestic animal" whether it is a native animal of this state or not. (b) Exceptions. The animal we#afe a►nd-GGA494 CHIEF OF POLICE may grant exceptions to this section for successive periods of time not to exceed twelve (12) months (c) Potbellied pigs. (1) Any exceptions granted by the ara4 CHIEF OF POLICE for a potbellied pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows. a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size. b. Every potbellied pig must be neutered or spayed by the age of four (4) months, c No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot f Outdoor enclosures must be kept clean, g Prior to the granting of an exception, owners must review educational materials provided by the afAmat we1#,afeRd seRNel GOMMIGISIOR CHIEF OF POLICE related to the care and keeping of potbellied pigs. h. The CHIEF OF POLICE shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted: and The anal CHIEF OF POLICE may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs. Sus scrofa vittatus. which is an exotic animal, shall be permitted in the Agricultural -Two Zone District and shall not be subject to the requirements of subsections (b) and (c) (3) Notwithstanding the requirements of chapter 26, the keeping of an exotic animal for which the 69PwrA6s+9R CHIEF OF POLICE has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the affected property. (d) Specific animals enumerated (1) The following animals are domestic animals Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks. geese. swans, poultry). Domestic rabbit (Oryctolagus cuniculus). Mongolian gerbil (Meriones unguicularus). Guinea pig (Cavia porceilus). Hamster (Musorcriectus auratus). Domestic laboratory mouse (Mus domesticus). Domestic laboratory rat (Rattus rattus Albino strain) Domestic cat (Felis catus). Domestic dog (Cans familiaris). Domestic livestock, including, but not limited to. Horses. cattle. sheep, goats. mules, donkeys, burros, llamas, honeybees, and swine (except potbellied pigs. Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). Section 7. Section 4-34 of the Wheat Ridge Code of Laws is amended to read. Sec. 4-34. - Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six (6) months of age or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police (b) Kennel Incenses must be renewed every year between January 1 and March 1. !he animal welfaFe and.4301214— (c) The yearly license fee for kennels shall be as established by the CHIEF OF POLICE (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital (e) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age Any person or business applying for or holding a kennel license must be currently licensed by the State of Colorado Pursuant to the Pet Animal Care and Facilities Act, C.R.S. §§ 35-80- 101-35-80-117 The issuance of a new kennel license shall be based on the following minimum requirements. Application for a new kennel license or for transfer of an existing license shall be made to THE CHIEF OF POLICE and—ebt The application shall include a detailed description of the property to be licensed --req4w-e -a The aAiF:Ral WelfaF And -4e fer,emmeRd !hat the G#ief -Rd G9144Gi £ha4 The chief of police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section . a#8F Fev}ew Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours. 4#e hear —4#e--apd--sen4c4 I of the The chief of police may revoke. suspend or not renew a license for failure to comply with any of the requirements of this section No such action may be taken without prior notice to the licensee and an opportunity for the licensee to present evidence and testify No decision by the chief of police under this section shall bind, alter, or affect a subsequent decision on a subsequent application, either for a new kennel license or for renewal of an existing Incense Nothing in this section shall affect the independent authority of appropriate city officials to take action with respect to vicious animals, threats to public safety, or the enforcement of any other provision of this Code of Laws Section 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read Sec. 26-605. - Large animals. E After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the CHIEF OF POLICE F Upon receipt of any complaint involving large animals as defined herein. standard nuisance abatement procedures will be followed. Additionally, code enforcement personnel will make the complaint known via the COMMUNITY SERVICES TEAM SUPERVISOR ARE 6upei:ipteRdeAt to the GOMMi66 OR CHIEF OF POLICE who shall AUTHORIZE CONSULTATION WITH AN APPROVED VETERINARIAN OR ANIMAL CONTROL RESOURCE AT ANY TIME be available IR aR The I . i CHIEF OF POLICE will investigate all citizen complaints regarding large animals or their equivalents. The CHIEF OF POLICE will develop written procedures as to FOR how citizen complaints will be investigated. monitored, and disposed of. Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all other references to the animal welfare and control commission not contained in Sections 1-8 above and the replacement of that phrase with "COMMUNITY SERVICES TEAM SUPERVISOR." Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 tot on this 9th day of March, 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 23, 2015 at 700 p.m., in the Council Chambers, 7500 West 29`'' Avenue Wheat Ridge Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to i , this 23 day of March 2015 SIGNED by the Mayor on this 23rd day of March 2015, ATTEST: *,-,) nelle Shaver, City Clerk l Joyce ay ay r WHFRT � � o SEAL m \0� 0 R ADO Ap v s to Form eraId E. Dahl, City Attorney First Publication: March ar�},220G15 tots Second Publication: Wheat Ridge Transcript Effective Date: April 10, 2015 Published Wheat Ridge Transcript and www.ci.wheatridge co us City or �f W heat Ridge ITEM NO: 3• DATE: March 9, 2015 REQUEST FOR CITY COUNCIL ACTION a � � TITLE: COUNCIL BILL NO. 07-2015 - AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (03/09/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (03/23/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES ® NO City Attorney City Manager ISSUE: This ordinance sunsets the Animal Welfare and Control Commission. The Commission is no longer needed to perform functions which are otherwise in the charge of City departments. PRIOR ACTION• The Animal Welfare and Control Commission has functioned since 1977. FINANCIAL IMPACT: Sunset of the Commission will reduce expenses associated with conducting and staffing meetings of the Commission. BACKGROUND: The Home Rule Charter, Section 9. 1, permits the City Council to create and dissolve boards and commissions. The Animal Welfare and Control Commission has functioned since 1977. In recent years, it has been difficult to fill the open positions and to satisfy the requirement of one veterinarian serving on the board. Additionally, the work of the Commission is largely accomplished by City staff. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form — Sunset the Animal Welfare And Control Commission March 9, 2015 Page 2 RECOMMENDED MOTION: "1 move to approve Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission on first reading, order it published, public hearing set for Monday, March 23, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "1 move to postpone indefinitely Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission for the following reason(s) REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance No. 07-2015 2. Staff Memo of February 24, 2015 3. Planning Commission Meeting Agenda of March 5, 2015 '�A' City of %� `7`%heatp,'d PLANNING COMMISSION CommuN y DEwtopmmT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: March 5, 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION CASE NO. ZOA-15-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak, Senior Planner C-� Date of Preparation: February 25, 2015 SUMMARY: The proposed ordinance sunsets the Animal Welfare and Control Commission (AWCC). The Commission is no longer needed to perform functions which are otherwise in the charge of other City departments. The enclosed ordinance was prepared by the City Attorney's Office. Amendments affect Chapters 2, 4 and 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified, the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: The Animal Welfare and Control Commission has functioned in the City since 1977. Section 2-56 of the municipal code outlines the purpose of the AWCC as it was originally intended. The commission has primarily working with the Police Department and Community Services Officers, and in recent years it has served in a limited advisory capacity on issues related to the keeping of animals, management of wild animals, and kennel licensing. The Home Rule Charter, Section 9. 1, permits the City Council to create and dissolve boards and commissions. City Council, the AWCC, staff, and an independent facilitator analyzed the role of the commission several times in 2014, and it was determined that a sunset was appropriate (see attached timeline from Division Chief Jim Lorentz). STATEMENT OF THE ISSUES: In the proposed ordinance, all reference to the AWCC in Chapters 4 and 26 are replaced with references to the Chief of Police. In the zoning code, the only reference to the AWCC is in Section 26-605 related to the keeping of large animals. In the future, the Chief of Police and Community Services Team will regulate manure management plans and address complaints. ZOA-15-01 / AWCC RECOMMENDED MOTION: Staff recommends that Planning Commission adopt the following motion: "I move to recommend approval of the proposed ordinance providing for the sunset of the Animal Welfare and Control Commission." Exhibits: • Memo from Division Chief Jim Lorentz • Proposed ordinance ZOA-15-01 / AWCC City of W heat lodge _► POLICE DEPARTMENT Memorandum TO: Lauren Mikulak, Senior Planner FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: February 24, 2015 SUBJECT: Sunset Ordinance for Animal Welfare and Control Commission On January 10, 2014, the police department requested the assistance of a professional facilitator to work with the Animal Welfare and Control Commission AWCC members were apprised of this request and have been supportive in this process. June Ramos of J. Ramos Associates, LLC was selected to work with Staff and the AWCC. Interviews with members began in April 2014. On July 15, 2014, Ms. Ramos presented the AWCC City of Wheat Ridge Summary Report/Data Interviews to the AWCC. Ms. Ramos presented her report to City Council at a Study Session on September 15, 2014. On January 26, 2015, Council directed the City Attorney to prepare an ordinance for the sunset of the Animal Welfare and Control Commission as it is no longer needed to perform functions which are otherwise in the charge of other City departments. Sunset of the Commission will reduce staff, time and expenses in staffing and conducting meetings of the Commission. The Home Rule Charter, Section 9.1, permits the City Council to create and dissolve boards and commissions. The Animal Welfare and Control Commission has functioned since 1977. In recent years, it has been difficult to fill the required members, including one veterinarian. Additionally, the work of the Commission is largely accomplished by City staff. Staff recommends approval of the ordinance. ATTACHMENT: AWCC Summary Report 07152014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION WHEREAS, pursuant to Section 9.1 of the Home Rule Charter, the Council has the authority to provide by ordinance for the continuation or the sunset of all City Boards and Commissions; and WHEREAS, the Animal Welfare & Control Commission has capably served the City of Wheat Ridge, its residents, and most important, the interests of wild and domestic animals in the City since its creation; and WHEREAS, the City Council expresses its sincere appreciation for all members of the Animal Welfare & Control Commission, both past and present, for their diligent contributions to the Commission's vision; and WHEREAS, the City Council has determined that it is in the best interest of the City that the Animal Welfare & Control Commission is no longer needed to perform functions which are otherwise in the charge of other City departments and therefore has determined to sunset the Commission. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Animal Welfare & Control Commission is hereby terminated. Section 2. Section 2-52 of the Wheat Ridge Code of Laws is amended to read: Sec. 2-52. - Establishment. The following boards and commissions of the city are hereby established: Cultural commission, animal GGRtFel GOmmissien, parks and recreation commission, building code advisory board, planning commission, and board of adjustment. Section 3. Section 2-56 of the Wheat Ridge Code of Laws, entitled "Animal welfare and control commission," is repealed in its entirety and renamed as "Reserved." Section 4. Section 4-2 of the Wheat Ridge Code of Laws entitled "Animal welfare & control commission" is repealed in its entirety and renamed as "Reserved." Section 5. Section 4-10(c) of the Wheat Ridge Code of Laws is amended to read: It shall be unlawful for the owner of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by the community service officer. The location of such confinement shall be determined by the COMMUNITY SERVICES TEAM SUPERVISOR and shall be at the expense of the owner. Section 6. Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or wild animals" is amended to read: Sec. 4-14. - Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a native animal of this state or not. (b) Exceptions. The animal welfaFe and GGRtFGI GOMMiSSOOR CHIEF OF POLICE may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. (c) Potbellied pigs: (1) Any exceptions granted by the CHIEF OF POLICE for a potbellied pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows: a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; b. Every potbellied pig must be neutered or spayed by the age of four (4) months; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d. The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; f. Outdoor enclosures must be kept clean; g. Prior to the granting of an exception, owners must review educational materials provided by the GentFel CHIEF OF POLICE related to the care and keeping of potbellied pigs; h. The CHIEF OF POLICE shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and i. The CHIEF OF POLICE may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs, Sus scrofa vittatus, which is an exotic animal, shall be permitted in the Agricultural -Two Zone District and shall not be subject to the requirements of subsections (b) and (c). (3) Notwithstanding the requirements of chapter 26, the keeping of an exotic animal for which the CHIEF OF POLICE has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the affected property. (d) Specific animals enumerated.- (1) numerated:(1) The following animals are domestic animals: Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks, geese, swans, poultry). Domestic rabbit (Oryctolagus cuniculus). Mongolian gerbil (Meriones unguicularus). Guinea pig (Cavia porceilus). Hamster (Musorcriectus auratus). Domestic laboratory mouse (Mus domesticus). Domestic laboratory rat (Rattus rattus Albino strain). Domestic cat (Felis catus). Domestic dog (Canis familiaris). Domestic livestock, including, but not limited to: Horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine (except potbellied pigs, Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). Section 7. Section 4-34 of the Wheat Ridge Code of Laws is amended to read: Sec. 4-34. - Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six (6) months of age or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police. (b) Kennel licenses must be renewed every year between January 1 and March 1. Ne ken„e' '�Tse shall'- issu (c) The yearly license fee for kennels shall be as established by the CHIEF OF POLICE. (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital. (e) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age. Any person or business applying for or holding a kennel license must be currently licensed by the State of Colorado. Pursuant to the Pet Animal Care and Facilities Act, C.R.S. §§ 35-80- 10135-80-117. The issuance of a new kennel license shall be based on the following minimum requirements: Application for a new kennel license or for transfer of an existing license shall be made to THE CHIEF OF POLICE and welfare and GGRtFel GGMMiSSiG_R. The application shall include a detailed description of the property to be licensed. WithiR thirty (30) days of the aRimal welfare and GGR401 , GeMMiSSieR The chief of police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section., a#eF review and appFeval by the animal welfare and GORtFGI Ge Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours. may FeGE)FnmeRd, The chief of police may revoke, suspend or not renew a license for failure to comply with any of the requirements of this section. No such action may be taken without prior notice to the licensee and an opportunity for the licensee to present evidence and testify. No decision by the chief of police under this section shall bind, alter, or affect a subsequent decision on a subsequent application, either for a new kennel license or for renewal of an existing license. Nothing in this section shall affect the independent authority of appropriate city officials to take action with respect to vicious animals, threats to public safety, or the enforcement of any other provision of this Code of Laws. Section 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read: Sec. 26-605. - Large animals. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the CHIEF OF POLICE. F. Upon receipt of any complaint involving large animals as defined herein, standard nuisance abatement procedures will be followed. Additionally, code enforcement personnel will make the complaint known via the COMMUNITY SERVICES TEAM SUPERVISOR AREO supeFiRteRd2F}t to the members of the CHIEF OF POLICE who shall AUTHORIZE CONSULTATION WITH AN APPROVED VETERINARIAN OR ANIMAL CONTROL RESOURCE AT ANY TIME. be available The GOMMiSSiGR CHIEF OF POLICE will investigate all citizen complaints regarding large animals or their equivalents. The CHIEF OF POLICE will develop written procedures as to FOR how citizen complaints will be investigated, monitored, and disposed of. Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all other references to the animal welfare and control commission not contained in Sections 1-6 above and the replacement of that phrase with "COMMUNITY SERVICES TEAM SUPERVISOR." Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2015 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2015. SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form .2015. Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published.- Wheat ublished:Wheat Ridge Transcript and www.ci.wheatridge.co.us PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION March 5, 2015 Case No. ZOA-15-01: An ordinance providing for the sunset of the Animal Welfare and Control Commission. Name Address (Please print) In Favor/Opposed NOTICE OF PUBLIC HEARING J Notice is herebygiven that a Stud Session g y son is to be held before tl PLANNNG COMMISSION on March 5 2015, at 7:00 p.m., i of the Municipal Building at 7500 W. 29t' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. ZOA-15-01: An ordinance providing for the sunset of the Animal Welfare and Control Commission. Kim waggcmcr. Admmtstr we Assistant CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct a Public Hearing on March 5, 2015 at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado, to consider Case No. ZOA-15-01, an ordinance providing for the sunset of the Animal Welfare and Control Commission. All interested citizens are invited to speak at the Public Hearing or submit written comments. The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatrid eg co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, February 19, 2015 • Started in April 2014 • 14 Interviews — 8 Commission Members — 6 City staff/ representatives • In person (1), phone, and email/written • Same questions asked of everyone • Anonymous • Report to Commission — July 15, 2014 3/5/2015 1 • Passion for the animals • Commitment to service to the City • Varied accomplishments c, r • Carmen's assistance t:=:' • Shared interest and sense of compatibility 3/5/2015 2 • 1970's and today • Mission Changes • The expanded role of the Police Department/CSOs • Liability issues • Advisory vs. Policy Making Role 3/5/2015 3 • Mission/Vision and Roles and Responsibilities — Lack of clarity, uncertainty, or conflict — Lack of acceptance about new mission and roles — Working with Carmen in this area; sense of progress — No goals/plan for success or performance measures ,ter' • Accountability to City Council?'q Role of Council? • Who I represent? Self or larger City needs? • No unified agreement about evolving role of the City/PD • Advisory Role vs. Policy Making? • Enforcement Role? • Accountability? • Willingness of members to commit to new roles? (e.g., education, events?) 3/5/2015 11 • Meeting management issues — leadingT4 meetings/Robert's Rules of Order • Role of PD in meetings and role of leadership • Lack of Ground Rules/Code of Conduct — Tangents and complaining sessions by some members — Outspoken vs. quieter members — Focus on Agenda and issues — Meeting Purpose — Decision Making/Commitment to final decisions 3/5/2015 5 1. Maintain current Commission with marked improvements 2. Disband Commission 3. Change Commission — What does the City need today? 4. Other 3/5/2015 0 Land Use Data Form City CA LAND USE APPLICATION FORM (70,MMUNI I Case No. ZOA1501 Date Received 1/27/2015 Related Cases Case Planner M ikulak Case D escriptior-An ordinance providing for the sunset of the Animal Welfare and Control Commission 1 Name City of Wheat Ridge Name Phone Address City State Zip awnef I'donvdtim Name Name Phone Address City State Zip Name Name Phone Address city State Zip //iAwxzA#Aw Address Street city State CO Zip Location Description Project Name Parcel No Qtr Section District No Parcel No. Qtr Section: District No.: . .......... .............. . . . ......... . .......... .......... . . .. ..... .... ........ ------- f/e V&-AV Pre -App, Date Neighborhood Meeting Date App, No: Review Type Review Body Review Date Disposition Comments Report Public Hearing E-1 PC FM] 3/5/2015 IFirst Reading L --J CC , L --i [m] Public Hearing 1.1 Cc I Irl i. I Record: 14 4 4131 of 4131 Unfiltered Search 4