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HomeMy WebLinkAbout07/26/2004 1) r\ (\ cl.yS' J """ I (A..N' H 6:30 p.m. Pre-Meeting ;\~= f] D;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 26. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 12. 2004 PROCLAMATIONS AND CEREMONIES Business Appreciation Awards CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENCATING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64. Item 2. Public Input on 2005 Budget. CITY COUNCIL AGENDA. July 26, 2004 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS Item 3. Appointment to Urban Renewal Authority CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO July 12. 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p.m. Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF June 28. 2004 Motion by Mr DiTullio for the approval of the Minutes of June 28, 2004 as amended by the City Clerk's Office in the pre-meeting, seconded by Mrs Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Blue Ribbon Panel Presentation. Curtis Gilmore, representing the Blue Ribbon Panel, presented the final report and recommendations of the panel to the Mayor and City Council. Mayor Cerveny thanked the members of the panel and presented them with a letter of thanks for their service and a lapel pin, on behalf of City Council CITIZENS' RIGHT TO SPEAK Mary Jo Broer, a resident of Wheat Ridge, representing the Anderson Pool Outdoor Summer Club, stated their desire for a new bulkhead for the Anderson Pool She also submitted letters that the kids had composed. Roger Burleigh, Head Coach of the swim team, also spoke in support of a new bulkhead. Other citizens that spoke in support of this position. Heather Harvey, Katie Tilton, Katie Mohwinkle, Jesse Worth, Lynn Romeo. The Mayor asked that the record reflect the attendance of more that 60 citizens in the audience in support of this position. CITY COUNCIL MINUTES. July 12, 2004 Page -2- Item 1 Consent Agenda: A. Approve Award RFP-04-016 Digital Mugshot System. B. Approve ~ward '~B-04-02~, Kipling Street Pedestrian Project. C. CancellatIon of CIty CounCIl Study Session scheduled for July 19 2004. ' Consent Agenda was introduced and read by Mrs. Rotola. Motion by Mrs. Rotola for approval of the Consent Agenda; seconded by Mr. DiTullio; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 12-2004 - AN ORDINANCE PERMITTING ALCOHOL BEVERAGE TASTINGS. Council Bi/l12-2004 was introduced on second reading by Mr DiTullio. Pamela Anderson assigned Ordinance No. 1327 Ms. Anderson read the executive summary and the statement of the issues Gerald Dahl, City Attorney gave the staff report, and Ms. Anderson reported on the administrative impacts. Bob Alldredge, a member of the Liquor Authority, spoke in support of the ordinance Jim Shpall, principal of Applejacks, Inc., spoke in support of the ordinance, If Wheat Ridge does not opt in this, it would leave them at a potential disadvantage. They are in a very competitive business He promised that if tastings do go forward he will do his utmost that it is done in a safe and responsible manner Mr DiTullio thanked members of the Liquor Authority for calling Council and giving them input. He asked the City Manager and City Clerk for the record if they believe that this does not adversely affect the administrative staff, the Police, or the current budget situation. City Manager stated that he feels this will not adversely affect us at this time. However, we need to monitor the situation and will keep Council apprised if there are situations that come up in the future. Mr Gokey asked that the memo from Kent Davis (Liquor Authority Member) be entered into the record The memo says he requests this Ordinance be tabled and a study session be held with Council and the Liquor Authority Based upon the information Mr. Gokey has collected, he feels there is nothing that can't be done to this Ordinance when it's passed to limit the impact, if any at all, can be regulated by the Liquor Authority They would have full reign over this to monitor it and tweak it as they need CITY COUNCIL MINUTES: July 12, 2004 Page -3- Mrs Sang stated she is in favor of this, but can't vote for it because she thinks we are doing a disservice to our Liquor Authority These volunteers who serve on this are going to have to enforce it and the least we can do for them is to hear their concerns and talk about it together before the bill is passed. Motion by Mr DiTullio to approve Council Bill 12-2004 (Ordinance No 1327) on second reading He further moved to add to the Ordinance that the City Council shall meet with the Liquor Authority on or before February 1, 2005 to review the history and effectiveness of the Ordinance. He further moved to amend the effective date of the Ordinance to take effect 15 days following final publication. He further moved to amend new Section 11-56 (b) to add the words "grant, grant with restrictions, or". . in the fourth sentence, seconded by Mr. Stites; carried 7-1 with Mrs Sang voting no, Item 3. COUNCIL BILL 13-2004 - AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16 8(b), CONCERNING THE SCHEDULING OF MUNICIPAL ELECTIONS. Council Bill 13-2004 was introduced on second reading by Mrs. Sang, Pamela Anderson assigned Ordinance No. 1328. Ms. Anderson read the executive summary and the statement of the issues. Motion by Mrs Sang to approve Council Bill 13-2004 (Ordinance No 1328) on second reading and that it take effect 15 days after final publication; seconded by Mrs Rotola; carried 8-0. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS, (Case No. lOA-04-05) Council Bill 14-2004 was introduced on first reading by Mr Stites. Motion by Mr Stites to approve Council Bill 14-2004 on first reading, order it published, public hearing be set for Monday, August 9,2004 at 7'00 p m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang; carried 8-0 CITY COUNCIL MINUTES' July 12, 2004 Page -4- Item 5. COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENCATING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64. Council Bill 15-2004 was introduced on first reading by Mrs Sang. Motion by Mrs. Sang to approve Council Bill 15-2004 on first reading, order it published, public hearing be set for Monday, July 26,2004 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr. DiTullio; carried 8-0. DECISIONS, RESOLUTIONS. AND MOTIONS Item 6. MOTION TO HOLD A TOWN MEETING IN LIEU OF STUDY SESSION ON AUGUST 16, 2004. Item 6. was introduced by Mrs Adams Ms Anderson read the executive summary. Motion by Mrs Adams to hold a Wheat Ridge Town Meeting on August 16, 2004 in the City Council Chambers at 7:00 p,m., that it is televised and that all interested citizens are encouraged to attend; seconded by Mrs. Sang; carried 8-0. CITY MANAGER'S MATTERS Randy Young thanked the Blue Ribbon Panel members. He also thanked Patrick Goff, Debbie Meixner and the Department Directors ELECTED OFFICIALS' MATTERS Mayor Cerveny also thanked the Blue Ribbon Panel. Senior Center has a new phone number 303-205-7500 Carnation Festival will be August 19 through 22nd and the Jefferson Symphony will be kicking off the festival with a concert on Thursday, August 19 at Lutheran Medical Center grounds The parade will be August 21 Pam Anderson announced that the City Clerk's Office is now accepting Passport applications Larry Schulz announced that FasTracks on the Gold Line will hold a reception at Rumours on July 22 from 5:30 to 7:00 p m. as a kickoff for the area campaign. CITY COUNCIL MINUTES' July 12, 2004 Page -5- Councilmembers thanked the Blue Ribbon Committee and felt that their presentations during their meetings were very well done Mr. Stites asked that people cut their weeds and take pride in Wheat Ridge. Mrs. Rotola has been walking around 44th Avenue in the business areas and has seen a lot of weeds She asked if Mr Young could do something about it. Meeting adjourned at 8:08 p m. APPROVED BY CITY COUNCIL ON JULY 26, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, Le they contain a record of what was done at the meeting, not what was said by the members. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: l. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 26, 2004 TITLE: COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENACTING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16- 64 o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ~ Yes No J<~ foi City Manager ~o< Parks and RecreatIOn EXECUTIVE SUMMARY: The Park Rules and Regulations were last revised in 1992. The attached new ordinance accomplishes updating the Rules to reflect new titles, park names, state laws enacted, as well as simplification of language and formatting changes, COMMISSION/BOARD RECOMMENDATION: The Parks and Recreation Commission recommended approval of the revised Park Rules and Regulations at the March 2004 meeting. STATEMENT OF THE ISSUES: The following rules have been added: . no horseback riding in turf areas, . no flyers may be attached to trees fences, etc . overnight camping prohibited . feeding of fox and coyote is not allowed . taking of salamanders is not allowed · new section - Protection of Natural Resources which prohibits geo caching, mining and the taking or destruction of natural flora and fauna . sledding is prohibited in all areas To my knowledge, there are no issues with the addition of the above rules. Section 16-64 of the Code of Laws "Protection of Wildlife" has been incorporated into Chapter 17 Parks and Recreation. The word designee was added after "Parks and Recreation Director" in the definitions. The definition then applies to the entire document wherever the Parks and Recreation Director is referenced, AL TERNA TIVES CONSIDERED: Do not update the Park Rules and Regulations and retain the 1992 version, FINANCIAL IMP ACT: The financial impact ofthe revised ordinance would be reflected in the updating ofthe Code of Laws and printing of the rules for use by the public. RECOMMENDED MOTION: "1 move to approve Council Bill 15-2004 on second reading, and that it take effect 15 days after final publication. " or, "1 move to table inde[mitely Council Bill 15-2004 for the following reason(s) " Report Prepared by: Joyce Manwaring, Director Parks and Recreation Attachments: I, Park and Recreation Commission minutes 2. Council Bill 15-2004 and Exhibit A - Parks Rules and Regulations 0407126 eAF Park Rules alnd Regulations 2nd Reading APPROVED CITY OF WHEAT RIDGE PARKS & RECREATION COMMISSION MEETING March 17,2004 The meetmg was called to order at 7.00.m, by Vice Chair Spielman. Commissioners present: Manon Garramone, Bunny Gordon, Dick Matthews, Johnathan Puckett, Jack Rose, Susan Seeds, Charles SpIelman. Commlssioners Absent: Floyd Sasa Staff present: Rick Murray, Parks, Forestry, Open Space Manager; Margaret Paget, Parks Naturalist; Ann Lazzeri, Secretary ITEM 1 ~ DETRRMINATION OF QllORllM Vice ChaIr Spielman declared a quorum present. ITEM 2 ~ APPROVAl, OF MINllTRS FROM Fehrnary lR, 2004 -It was moved by Johnathan Puckett and seconded by Jack Rose to approve the minutes from February 18, 2004 as presented. The motion passed unanimously. ITEM 3 - JNTRODllrTJON OF (;IlESTS - There were no guests present. ITRM 4 -VOl ,IlNTRRRISM There was discussIOn about methods that could be used to orgamze a volunteer program for parks and open space. Several members related their volunteer expenences with other organizations. ITEM 5 - PARK RllLRS AND RR(;IlLATJONS UPDATE The final draft of the Parks Rules and RegulatIOns was discussed. A few mmor grammatical and format changes were suggested. Rick Murray reported that Joyce Manwaring has requested a final review by the city attorney before the document goes to City Council for consideratIOn. It was moved by Jack Rose and seconded by Bunny Gordon to forward the Parks Rules and Regulations to City Council for review at a study session. The motion passed unanimously. ITF,M (\ - PR O.mrT llPD A TRS . Randall Park parking lot bid wIll be awarded on March 22. . Bids have gone out for trail work east of Kipling beginnmg at Hoyt, going through Anderson Park, to Charl1e Brown bridge. This will complete the trail work from Johnson Park to CharlIe Brown bndge. Parks & Recreation Commission Meeting March 17, 2004 Page 1 ATTACHMENT 1 APPROVED . RevegetatIOn will take place along last year's trail replacement. RevegetatIOn will take place along thIs year's trail pending grant awards. Margaret Paget stated that revegetatIOn will consIst of native, drought-tolerant grasses with eventual tree and shrub work. . Lights are being Installed at CreeksIde Park. Imgation problems are being addressed. Grand opening is tentatively scheduled for May 1. ITEM 7 - FllTllRE AGF,NDA ITF,MS . V olunteensm . "Weed Field Trip" for education of CommIssioners. . Education measures that could be taken regarding the dangers of smoking in the greenbelt. ITRM R - ~OMMISSION ~ON~RRNS . Runny Gordon expressed concern about safety issues related to the renovations at Anderson Pool. Rick Murray reported that the bulkhead was removed and recycled. Results of a safety study will be forthcoming. . .Tack Rose asked about the status of Founders Park. Rick Murray stated that the Cultural Arts Commission is consIdering ideas for the playground. He will obtain further mformation for the Commission. . .Tohnathan Puckett commended the department for effective graffiti removal. . ~harles Spielman suggested placing Commissioner's mail in a box at the Rec Center to save the cost of mailmg mformatlOn. . Susan Seeds commented that she would like to have her material placed in a mailbox at cIty hall. ITEM 9 - A D.TOllRNMRNT It was moved by Bunny Gordon and seconded by Jack Rose to adjourn the meeting at 7:47 p.m. Parks & Recreation Commission Meeting March 17,2004 Page 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 15-2004 Ordinance No Series of 2004 TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64 WHEREAS, the Parks & Recreation Department has caused to be prepared a comprehensive revision of Chapter 17 of the Code of Laws, concerning parks and recreation; and WHEREAS, the revision has been reviewed by the Parks and Recreation Commission, which recommends adoption thereof. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Chapter 17 of the Wheat Ridge Code of Laws, entitled "Parks & Recreation" is hereby repealed and reenacted in its entirety, to read as set forth on Exhibit A, attached hereto and fully incorporated herein by this reference. Section 2. Section 16-64 of the Code of Laws is hereby repealed, and the section number retained as "reserved." Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby, All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter. ATTACHMENT 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to o on this 12th day of July , 2004, 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 T111y ?(, , 2004, at 7:00 o'clock 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 , 2004. SIGNED by the Mayor on this day of ,2004. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: July 15, 2004 Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\464507 1 Ordinance No. Series 2004 Exhibit A [Attached] GED\53027\464507 1 City of Wheat Ridge Park Rules and Regulations ARTICLE I. IN GENERAL Sec. 17-1. Definitions. The folloWIng words, terms and phrases, when used in this chapter, shall have the meanIngs ascribed to them in this section, except where the context clearly indicates a different meanIng. Animal Park Code Officer (APeD) means an agent of the Chief of Police, and an officer of the Police Department empowered by the City to enforce the provisions of this chapter Department means the Department of the Parks and RecreatIOn of the City. Director means the DIrector of Parks and Recreation of the City or desIgnee. Conservation Area means all area south of Clear Creek between KIpling St. to Y oungfield St., excludmg the paved trail from West Bridge (located between West and Tabor Lakes) to Y oungfield. Park, parkway, trail, pathway, recreational facility or recreational building means reference to anyone park, trail, recreational area or recreational building and shall include all such parks, parkways, traIls, open space, recreatIonal areas and recreational buildmgs withIn the City. Pedestrian pathways, bicycle pathways and equestrian pathways shall mean any hard surface or natural surface trail that IS publIcly maintained and that has been deSIgnated for use by bicycles, pedestrians, horses, or any combination thereof by a traffic control device or other signage or by regulation and that IS separated from the roadway by open space or other barrier. Sec. 17-2. Violations and penalties. Any person found to be in violation of the provisions of this chapter shall be guilty of an unlawful act, and upon convictIOn shall be punishable by a fine of not less than twenty-five dollars ($2500) and not exceeding one thousand dollars ($100000), or by imprisonment not exceedmg one hundred eighty (180) days, or by both such fine and imprisonment, provIded, however, that no person under the age of eighteen (18) years shall be subjected to impnsonment for VIOlatIOn of any provision of thIS chapter. Sec. 17-3. Authority. The City Council of the City does hereby authorize the Chief of Police and the Director of Parks and Recreation to enforce the rules and regulations set forth III this chapter and all future rules and regulations adopted by the City Council for the proper management, operatiOn and control of the parks, trails and other recreational facilItIes Within the City. The APCOs shall be authonzed to issue, Sign and serve summons and complaints ill order to enforce the proviSIOns of thiS chapter. ARTICLE II. PARK RULES Sec. 17-4. Scope. This article applies to parks, open space, trails, parkways, pathways, recreatiOnal facilIties and recreational bUildmgs. Sec. 17-5. Restriction of use. The Director may restrict the hours, days and weeks of use of any recreatIon center or buildmg, facilities, parks, open space or trails, and the Director or an APCO may restrict or remove any user, indiVidual or group for violatIOn of any ofthe rules and regulations set forth in this article. Sec. 17-6. Permits. The Dnector is hereby authorized to issue permits relatmg to any use or accommodation of any park or recreatiOn facility of the City. The Director shall establish rules for the use of park property by any lIcensee, which rules shall become a conditIon of any permit. No permit shall be Issued until any required fee or depOSit is paid. The Director shall have the power and authonty to cancel any permit for violation of the reqUirements of the permit or for violation of any of the proVISions of thiS article. Sec. 17-7. Group use. Any group of more than twenty-five (25) persons shall obtain a permit signed by the Director aJlowmg such a group to assemble m the park. Groups shall be orderly and law-abiding. 2 Sec. 17-8. Hours. (a) Parks shall normally be open daily from 5:00 a.m. until 10'00 p.m. and normally be closed from 10:00 p.m. to 5:00 a.m., except for actIvities and events sponsored by the department or authonzed by permissIOn of the Director Any park or recreational facility may be declared closed to the publIc by the Director or by the ChIef of Police at any tIme and for any Interval of time, WIthin a temporary or stated Interval as the Director or Chief ofPohce shall find reasonably necessary in order to protect the publIc, and individual members thereof, from dangerous persons, condItIOns or sItuations. It shall be unlawful to go into or upon any area or part of any park or recreatIOnal facilIty of the City when it has been declared to be closed to the pub he under thIS proVIsIOn. (b) All greenbelt areas, Johnson Park and Wheat Ridge Histoncal Park, shall normally be open daily from sunrise to sunset, and normally be closed from sundown to sunrise, except for actIvities and events sponsored by the Department or authorized by permission of the Director. Sec. 17-9. Advertising. Advertising shall not be permItted m any manner unless authorized by the DIrector in writmg or in concessIOnaire contracts for goods sold on the premises. No items are to be placed, taped, drilled or strung on signs, benches, planters, light or telephone poles, buildmgs, fences or trees. Sec. 17-10. Alcoholic beverages. (a) The storage or consumption of any alcoholic lIquor, as defined by the Colorado Liquor Code, IS prohibIted in any park, recreation area or recreation buildmg WIthin the City except as specifically provided herein. The consumption and/or storage of fermented malt beverage contammg not more than three and two tenths (3,2) percent of alcohol by weight is permitted in any park or recreation area within the City so long as, and only so long as, such fermented malt beverage has been purchased in a manner authorized, and IS being consumed by persons permItted, by applicable State law, It shall be unlawful to sell any fermented malt beverage WIthin any park or recreation area within the City unless such sales are made pursuant to a hcense or permIt granted by the City Council and unless such sales are made In accordance WIth the Colorado Beer Code. (b) Storage and consumption of fermented malt and vinous liquor is permitted at the Wheat RIdge Senior/Community Center, the Wheat Ridge Recreation Center and the RIchards-Hart Estate m conjunction WIth an event sanctioned and authonzed by the Director; and provided further that such alcoholIc beverages are neIther sold to, served to, or consumed by any person not authonzed by the Colorado Liquor Code or the code of Laws of the City of Wheat RIdge to possess or consume such alcoholic beverages. The Director is hereby authorized to establish rules for servmg and consumptIOn of alcoholic beverages at the Richards-Hart Estate, the Wheat RIdge Semor/Commumty Center, and the Wheat RIdge Recreation Center 3 Sec. 17-11. Amplification systems. Public address or other amplificatiOn devices may be used in a park, traIl or recreational area only by specIal permit obtaInable from the Director. Sec. 17-12. Animals. (a) All animals must be under control by means of a leash, cord or chain not to exceed SIX (6) feet in length. (b) It shall be unlawful for the owner or custodian of any animal to allow such alllmal to defecate in any park, trail, recreational facility or other public place within the city, and to fail to clean up and remove from such park, trail, recreational facility or other publIc place such excrement or feces. (c) Horseback riding shall be permItted only upon areas specIfically designated by the Director. Horseback ndIng IS prohibited in all turf areas. Sec. 17-13. Athletic fields. (a) The Director, or an APCO, shall enforce all rules and regulations pertaining to activities upon any athletic field in any park or recreatIon facility of the City, The Director shall have the power to Issue rules and regulatiOns governing such athletic fields, and copIes of such rules and regulatIons shall be on file WIth the Department of Parks and RecreatIon and the City Clerk. (b) All teams or indiVIduals shall relInquish play on any athletIc field to any indIVidual or teams to whom permits for use of such facility shall have been Issued by the Director (c) The Director or an APCO may restnct or remove any player, players, teams or league from all publIc fields for a specified tIme for a violation of rules and regulations set forth in this artIcle or Issued by the Director under the authority of this chapter. (d) The DIrector or an APCO shall have the authority to close any or all public fields or play areas when use of such area shall create maintenance problems or when use would or could constItute a danger to any person, as a result of weather or other condItIons. (e) Artificially lIghted athletic fields In the parks shall have the lIghts turned off as follows: Randall Park and Wheat RIdge Middle School, 10:00 p.m., Anderson Park, Creekside Park and Prospect Park; no innIng WIll start after 10:30 p.m. Sec. 17-14. Begging, soliciting. It shall be unlawful for any person to beg or soliCIt withm any park or recreatiOn area. 4 Sec. 17-15 Boating. (a) All nonmotorized watercraft desIgned to be used as a means of transportatIOn on water, other than smgle-chambered aIr-inflated devices, shall be allowed on any waters in the park and recreatIOn areas of the City as outlmed m thIS sectIon except for Bass Lake. Boatmg IS prohibited on Bass Lake. (b) In order to boat on any water in the Parks and RecreatIon areas of the CIty of Wheat Ridge the following reqUirements shall be met: (1) The watercraft shall be nonmotorized, propelled solely by means of oars and paddles or by the use of sails. Any watercraft which has a motor-driven means of propulsion shall be classified as motorized and shall be prohibited upon the water ofthe City. (2) Any sailboat must be properly regIstered with the Colorado DiVISIon of Parks and Outdoor Recreation. (3) All mr-mflated deVIces, including mflatable canoes, kayaks, rafts and belly boats, must have a mimmum of two (2) separate and distinct chambers. Inner tubes, air mattresses and other similar beach toys are not permitted at any time. (4) The watercraft shall be in seaworthy condition as defined by these rules and regulations and determined by the APCOs. (5) The watercraft shall have one (1) personal flotation deVIce of a type currently approved for use by the Umted States Coast Guard on board for each person occupying the craft and one (1) throw flotatIOn deVIce. (6) The watercraft shall have at least one (1) oar or paddle which shall be carried on board when the craft is in use. (7) The watercraft shall be labeled WIth the name, address and phone number of owner or WIth the lIcense number Issued by the Colorado Division of Parks and Outdoor RecreatIon (8) Motonzed radIO/remote control watercraft shall be prohibIted. (9) SaIlboards are not allowed, (10) With respect to watercraft reqUired to be registered by the Colorado State Division of Parks and Outdoor Recreation, all applIcable laws shall apply. (c) Open boating shall be permitted from 7'00 a.m. until one-half hour past sunset. (d) No person shall dock any boat upon, physically go upon, or swim from any Island many lake wIthm the City. 5 (e) No group actIVIty, orgamzed race, regatta, or any other type of orgamzed boatmg activity shall be allowed unless approved III advance III writmg by the Director (1) An APCO may order operators from the water when, in the APeO's judgment, such operators constitute a safety hazard to themselves or other operations. APCOs may also order from the water persons or crafts operating in a reckless or careless manner or in disregard of or III vIOlatIOn of any Department of Parks and Recreation rule or regulation. APCOs shall have the authonty to close the lake because of Illclement weather or any other unsafe condition which, III the Judgment of the APCO, constitutes a danger to the health and safety of the public. Sec. 17-16. Camping. It shall be unlawful to camp overnight, or to park any vehicle, trailer or camper for overnight campIllg purposes. Sec. 17-17. Cleats, spikes. Cleats or spikes on shoes are prohibited except in those specially designated athletic areas where program rules specifically permit their use. Sect. 17-18. Commercial activity. It shall be unlawful to conduct any commercial activity, or sell or offer for sale any service, product or actiVity for which a fee IS charged, on any park or open space lands, except where such actIVIty IS authonzed III wntIllg by the Director This includes commerCIal photography, film-making and vending. Sec. 17-19 - Conservation area. Roller bl\ldes, roller skates, skateboards, and bicycles are not allowed in the conservation area. Sec. 17-20. Dances. Organized dances III a park, trail or recreatIonal area shall be permitted only by written permit issued by the Director. Sec. 17-21. Disturbing the peace. It shall be unlawful wlthIll any park or recreation area of the City to disturb the peace of others by commlttmg any act prohibited III SectIOn 16-103 of the Code of Laws. 6 Sec. 17-22. Fires, personal barbecues. Fires are permitted only in enclosed personal grills or park fireplaces or grills provided for this purpose under such rules and regulations as may be prescribed by the Director, and any such fires shall be extinguished before leavmg any park or recreatIOn area of the City. If a fire ban is m effect, all fires and grills are prohibited. Sec. 17-23. Fishing. (a) It shall be unlawful for any person sixteen (16) years of age or over to fish without bemg in immediate physical possession of a current valid state fishmg license. Any person in violation of thiS provision shall be deemed guilty of a violation of this Code of Laws. (b) Methods of takmg. The followmg fish or other water wildlife may be taken by the methods indicated: (1) No fish shall be taken or killed except by the use of hook and line With no more than three (3) hooks attached to any line. (For the purpose of these regulations multiple hooks having a common shank, i.e. treble hooks, shall be considered as one (1) hook.) (2) The takmg of crayfish, salamanders and turtles is prohibited. (c) An additional rod may be used m all waters when a second rod stamp IS properly signed and attached to the fishing license. (d) Any rod or line that IS used for fishing must be personally attended. (e) Snagging (snatching with hooks, gang hooks, or Similar devices to catch fish), archery and spearfishmg are prohibited. (f) Placmg fish, parts of fish, or other material upon which fish might feed in the waters for the purpose of attracting fish to a particular area m order that they may be taken (chumming) IS prohibited. (g) All largemouth or smallmouth bass (black bass) under fifteen (15) inches in length which are taken shall be returned to the water Immediately. (h) Fislung m Bass Lake and West Lake is restncted to the use of artifiCial flies and artificial lures. (i) Any person fishing IS entitled to the numbers of fish as established in the then current Colorado Fishing Season Information gUide distributed by the Colorado DiVision ofWildhfe. 7 (j) Fishmg shall be allowed from the shorelme and dock area excludmg boat dock areas and boat launch areas. Fishmg from boats IS allowed except where posted as prohibIted. Sec. 17-24. Flying objects. It shall be unlawful to throw, strike, propel or otherwise operate flying or propelled objects of a potentially dangerous nature, mcludmg by way of example, without limitation, such things as model alIplanes, rockets, horseshoes, arrows, golf balls, rocks or pamtballs, except m areas designated for such use, or as part of any authonzed sport or recreatlOnal actiVIty, or by a written permIt ofthe Director. Sec. 17-25. Glass containers. It shall be unlawful for any person to bring, or to have in hislher possession, any glass beverage bottle m any park, lake, or other recreational area or faCIlity of the City, Sec.17-26 Littering. It shall be unlawful to dump, deposit, discard, throw or leave any branches, grass chppings, bottles, cans, broken pieces of glass, papers, boxes, dIrt, rubbIsh, waste, garbage, refuse or trash upon or within any park, lake, or other recreational area or facility of the City. It shall be unlawful for any person utilizing the faclhty of any park, lake, open space, or recreatlOnal area or facility of the City to leave such area or facility WIthout first having completely extmguished fires, or before all trash, waste, or garbage is placed in the disposal receptacles where proVIded. If no receptacle is prOVIded, such persons shall remove all trash, waste, or garbage from the park. It shall not be necessary for the person dumpmg, depositing, dIscarding, throwing, or leavmg any of the Items described above to depart from the immedIate vicmity in order to constitute a pnma faCIe violation of thIS section. Section 17-27. Pavilions/Shelters ReservatIOn of pavlhons may be obtained by permit Issued by the DIrector Otherwise, all use ofpavihons shall be on a first-come, first-served baSIS. Sec. 17-28. Protection of wildlife. (a) It IS unlawful for any person to willfully and unnecessanly shoot, capture, harass, mJure or destroy any wildlife or to attempt to shoot, capture, harass, mJure, destroy or release any such wild bud or anImal anywhere withm thiS city. (b) No person shall willfully destroy, rob or dIsturb the nest, nesting place, burrow, eggs or young of any wildhfe anywhere Within thiS city. 8 (c) The feedmg of fox and coyote is not allowed. (d) In this section. (1) Wildlife mcludes, but is not limited to, all undomesticated birds native to North America and undomesticated gamebirds implanted in North Amenca by governmental agencies and any domestic duck or goose released by any pnvate person or recreatIOnal authonty upon any recreational area withm this city. (2) Wildlife includes any animal native to the state, but does not include Norway rats or common house mice, fish, or rattlesnakes. (e) The provisions of this section do not apply to the personnel of any police, fire or ammal control agency or to the state Division of Wildlife or Department of Health or other state or federal agency, when such persons are acting within the scope of their offiCial duties as employees of such agencies. (f) This sectIOn does not apply to fishing as permitted by Sec 17-23 ofthese rules. (g) The provisIOns of this section are intended to ban the destruction of any bird or animal protected by state or federal law Sec. 17-29. Protection of natural resources. (a) No mining of any type, including gold panning, metal detectIon or geocache sites of any type are allowed except as authorized by the Director m any City park. (b) It shall be unlawful to willfully remove, destroy, harvest, cut down or otherwise destroy any lIvmg trees, shrubbery, wild flowers or natural flora, planted annuals or perennials with any City parks, open space or recreatIOnal facility, (c) In this section: Nothmg in thiS section shall prevent the staff or volunteers of the City of Wheat Ridge in their performance of resource management or park maintenance or the normal execution of their duties. Sec. 17-30. Swimming. SWImming IS allowed only as part of a scheduled and supervised recreational program sponsored by the department or authonzed by department permit, or in connection with launchmg a boat when necessary Swimmmg from a boat is expressly prohibited unless engaged m as part of a legItImate rescue attempt. 9 Sec. 17-31. Tennis. (a) Tennis courts shall be reserved only by written pennit, except for department-sponsored programs. (b) Use of tennis courts shall be subject to specific rules and regulations promulgated by the Director and conspicuously posted on such courts. (c) Rollerblading and skateboarding are not allowed on tennis courts. Sec. 17-32. Tents. No tents, canopies, or mflatable devIces shall be erected upon any park, open space or recreation facility except as part of a department-sponsored activity, or unless a pennit authorizing the same IS Issued by the Director Stakes may not be dnven mto the ground. Sec. 17-33. Trails/Parkways/Pathways. The Director of Parks & RecreatlOn or his/her agent or the Pollce ChIef or an APCO shall enforce all rules and regulations pertaining to activities upon any trail/parkway/pathway of the CIty. The Director of Parks and RecreatIon or Police Chief shall have the authority to promulgate rules and regulations governing such trails/parkways/pathways and copies of such rules and regulations shall be on file with the Department of Parks and RecreatIon, the Police Department and the City Clerk. Sec. 17-34. Vandalism. It is unlawful to remove, destroy, damage or deface any park or open space property, or any structure, or any vegetation therem or to plant/harvest pieces/parts of such vegetatlOn. Sec.17-35. Vehicles. (a) It shall be unlawful for any person operating a motonzed vehicle of any descnptlOn whatsoever m any park or recreation area of the City to fail or refuse to obey any and all traffic SIgnS, or other traffic-control devices regulating the operatIOn, stopping or parking of vehicles. It shall be unlawful for other than authorized personnel to park or drive on lawns, fields or any other places other than upon roadways and parking areas clearly constructed and established for such purposes withm the parks, trails or other recreational facilltles of the CIty. Laws pertaining to streets and highways pertam also to park roads, except that pedestrians shall have the nght-of- way over vehicles in park areas. 10 (b) Parkmg within or upon parks, open space, traIls, parkways or recreatIOn areas shall not be permitted at any tIme a park is closed, or in any area ordered closed by the Director. It shall be unlawful to park so as to obstruct access roadways and parkmg areas or areas designated by Sign for emergency vehicles use only. Vehicles may be parked in park and recreatIon areas only if the occupants are engaged in an actIvity connected with the areas. (c) Washmg or servicing of vehicles in any park or recreation area m the City is prohibited. (d) All bicycle riders shall obey traffic signs and laws regulating the operation, stopping or parking of vehicles. Bicycle ndmg wIll be governed further by safe ridmg practIces and consideration for the use of park and recreatIon areas and trails by others. Bicycle ndmg IS prohibited on playgrounds, tennis courts and game courts, in pavilIons, m the conservatIOn area or in any area where other actiVities are in progress. (See Sec. 17-33) Sec. 17-36. Weapons. It is unlawful to display, brandish, carry illegally or to discharge or use withm any park or recreatIOn area with m the City, any BB guns, pellet guns, and air guns; bows and arrows, slingshots, pamtball guns etc., or any explosive device or substance includmg fireworks. Sec. 17-37. Winter sports. (a) No ice skatmg or ice fishmg is permitted on any water body owned or managed by the City or on any water body supervised by the Department or included in any park or recreation faCility unless the specific area to be used is so posted or public announcement has been made by the Director allowmg such activity When such areas are open for use, they are subject to rules and regulatIons on program and safety as Issued by the Director (b) Ice hockey shall not be permitted except in designated areas as part of a Department sponsored actIvity or by permit issued by the Director. (c) Sledding IS prohibited within any park, open space or recreation facility of the City (d) No person shall go upon any ice surface over a lake or body of water Within a park withm the City on foot for any purpose whatsoever, unless the specific area has been conspicuously posted by the Director allowmg such actIvity (e) All vehicles of any kind and descnption are prohibited from coming upon any ice surface over any lake, stream or water area with any park or recreatIon area in the City. (f) It shall be unlawful to use or operate snowmobiles in any park, recreation facility, trail, parkway or recreational area wlthm the City 11 Sec. 17-38. Workers, work areas. The use of any park or recreatIOn area shall be relinqUIshed to any city or park employee carrying out work assignments. Public use of areas in which mamtenance or other work actJvitJes IS ongomg is prohibited. 12 Article I - In General Definition Violations and penalties Authority Article" - Park Rules Scope Restriction of use Permits Group use Hours Advertising Alcoholic beverages Amplification systems Animals Athletic fields Begging, soliciting Boating Camping Cleats, spikes Commercial activity Conservation area Dances Disturbing the peace Fires, personal barbecues Fishing Flying objects Glass containers Littering Pavilions/Shelters Protection of wildlife Protection of natural resources Swimming Tennis Tents Trails/Parkways/Pathways Vandalism Vehicles Weapons Winter sports Workers, work area Table of Contents Section Sec. 17-1 See, 17-2 See 17-3 Sec. 17-4 Sec. 17-5 Sec. 17-6 Sec. 17-7 See 17-8 Sec. 17-9 Sec. 17-10 Sec. 17-11 Sec. 17-12 Sec. 17-13 Sec. 17-14 Sec. 17-15 Sec. 17-16 Sec. 17-17 Sec. 17-18 Sec. 17-19 Sec. 17-20 Sec. 17-21 Sec. 17-22 Sec. 17-23 Sec. 17-24 Sec. 17-25 Sec. 17-26 Sec. 17-27 See 17-28 See 17-29 See 17-30 See, 17-31 Sec. 17-32 Sec. 17-33 Sec. 17-34 See 17-35 Sec. 17-36 Sec. 17-37 Sec. 17-38 Paqe 1 1 2 2 2 2 2 3 3 3 4 4 4 4 5 6 6 6 6 6 6 7 7 8 8 8 8 8 9 9 10 10 10 10 10 11 11 12 City of Wheat Ridge Office of the Parks and Recreation Director Memorandum TO: Patrick Goff, Acting City Manager FROM: Joyce Manwaring, Parks and Recreation Director DATE: July 26, 2004 SUBJECT: Amending Council Bill] 5-2004 ~ An Ordinance Repealing and Reenacting Chapter] 7 of the Code of Laws Concerning Parks and Recreation. A portion of Chapter 16 - 64 was inadvertently not included in the new Chapter] 7. The entire section 64 "Protection of Wildlife" is better left in Chapter 16 without duplication in Chapter] 7. Therefore I would like to recommend the following changes: I move to amend the title to read as follows: COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENACTING CHAPTER] 7 OF o THE CODE OF LAWS, CONCERNING PARKS AND RECREATION AND IN CONNECTION THEREWITH AMENDING CHAPTER ]6-64. I move to delete Section] 7-28 in its entirety from the proposed new ordinance reenacting Chapter 17. I further move to amend Chapter] 6-64 by the addition of a new subsection to read as follows: (II) It is unlawful to feed fox and coyote. I further move to amend Chapter] 6-64 by the deletion of the line "any species of amphibians" contained in subsection (C) 2 to read as follows: Wild animal includes any animal native to the state, but does not include rattlesnakes, fish, Norway rats or common house mice. '1\~se amendment~illli~~a1l ofthJYtiill>rmation ~ardin.g the J.f-6tec)i~ ofwj5llifem a si~J~hapter an\I S'ection lp.faCilitate issuing cuations andrefe(encing thecode of Law~staff and the public\-... 2nd Annual Wheat Ridge Business Awards Introduction As some of you may know, thIS is the second year that CIty Council has honored organizations m Wheat Ridge by acknowledgmg those that have added to our community NommatIons were accepted by the busmess commumty and reviewed and selected by a committee consIsting of last year's awards recIpIents, and one representative from each of the busmess groups actIve m the CIty: the West Chamber, EnterprIse Wheat RIdge, Applewood Busmess AssociatIon, and 38th Avenue Busmess DIStrICt. Tomght we will present 5 awards, and Immediately followmg presentation we will recess the meetmg for a small reception and opportumty for photos Small Business of the Year Award Councillors Schulz and Stites ThIS award recognIzes an organizatIOn WIth 15 or fewer employees, has shown a successful hIstory and IS positIOned for strong growth, and offers unusual opportumtIes. The Small Busmess of the Year Award goes to Sam's Bar and Grill. Owners Kirk and Becky Steinmark are here to accept the award (call them up to the podium) They have mvested in updates to the buildmg's interIor and transformed the atmosphere of the establishment In a location that used to be a drain on services due to police responses, the Steinmarks have dramatically shIfted their business into what the commumty considers a neighborhood gatherIng place that offers a friendly and comfortable atmosphere CongratulatIOns! (Presentation of the award, and the recipients may say a few words.) Business of the Year Award Councilors Adams and DiTullio ThIS award recognIzes an organizatIon that has demonstrated growth m employment numbers, growth m retail sales or overall production, and has made sigmficant capital mvestment in its operatIon. The Busmess ofthe Year Award goes to Exempla Lutheran Medical Center Accepting thIS award IS Bob Malte, CEO of Exempla-Lutheran MedIcal Center and Dr Steve Brown, MedIcal Staff Chairman of the Board. (call them up to the podium) Exempla-Lutheran MedIcal Center is a full serVIce community hospital rated among the 100 top hospitals in the nation four times in the past 8 years. The Center has undergone many recent expanSIOns mcludmg a 2400 square foot radiatIOn! oncology expanSIOn, $5 millIon renovation! expansion of the IntenSIve Care Unit that tripled the ongmal size of the unit, and $13 millIon expanSIOn ofthe Heart Center that doubled ItS origmal SIze Exempla-Lutheran MedIcal Center contmues to be a valued partner to our CIty and our commumty. CongratulatIons! (Presentation of the award, and the recipients may say a few words.) Visionary Award Councilors Berry and Rotola ThIS award recognIzes an organizatIon that has demonstrated a viSIOnary attitude that may include one or more of the following' Demonstrated sustamed growth contributmg to Wheat Ridge's economy, Implemented "best practIces" m management or processes, implemented a busmess plan, prOVIded a standard for other businesses to follow. The VIsionary Award goes to Foothills Academy. Acceptmg thIS award is Mary Lou Faddock. (Call up to podium) Twenty years ago, Foothills Academy purchased a run- down piece of property in Wheat RIdge, and began a K-8 schooL The Wheat Ridge Busmess Awards are not Just for private organizatIOns that are large revenue generators for the city. Foothill Academy IS a non-profit orgamzatIOn that has contributed to our community by investmg and Improving the property that they are located on. Foothills Academy also contributes to the well-bemg of our commumty through service to local nursmg homes, clean-up programs, and volunteer programs in our schools CongratulatIons! (Presentation of the award, and the recipients may say a few words. ) Reinvestment Award Councilors Sang and Gokey (please remain at the podium for presentation of the final award) JJ This award recognizes an orgamzation that has made sigmficant investment m Its property, Improved the overall appearance of the sIte, maintamed its property at the hIghest standards, and helped upgrade the overall Image of Wheat RIdge The Remvestment Award goes to Copper FIelds Events Chateau. Accepting thIS award on behalf of himself and co-owner Cheryl Wise IS Worthy Cummmgs (Call up to podium) Ms Wise and Mr Cummings have mvested m the locatIon by renovating and updatmg what used to be the-VFW The signage, parking lot and landscapmg on the property have made a dramatIc difference Copper Field Events Chateau IS a welcome addItIon to our business community and a valued meeting place for localorgamzations Congratulations! (Presentation of the award, and the recipients may say a few words.) City Council's Partnershio Award Mayor Pro-Tern Gokey and Council President Sang The recipient of thIS award IS chosen by City Council and recognIzes a company for overall contributions to the CIty of Wheat RIdge It mcorporates cntena from all of the award categories as well as contributions in volunteerism, leadership, and community investment and mvolvement. The City Council's PartnershIp Award for 2004 goes to Ketelsen Campers of Colorado Accepting this award on behalf of Randy Ketelsen IS Linda Puttmann. Mr Ketelsen IS out of state accepting a natIOnal award from Fleetwood Enterprises, the world's largest manufacturer of recreatIOnal vehIcles. Ketelsen Campers of Colorado has been awarded the "Largest SellIng DealershIp for Foldmg Campmg Trailers" for the 1 ih consecutIve year. CongratulatIOns for such an achievement! ThIS award illustrates that Ketelsen Campers has sustamed continumg growth in both customer base and employee base This organizatIon maintams theIr locatIon to the hIghest standards BesIdes bemg a natIOnal mstitution in theIr field, Ketelsen Campers gives back to the commumty of Wheat RIdge by volunteering at Pennington Elementary and offers their locatIOn as an evacuation center in case of an emergency They also offer field tnps for school age children. Ketelsen volunteers at Wheat Ridge High School and is a steady employer of students in need. These are only a few of the reasons that the Mayor and City Council of Wheat Ridge congratulate Kettlesen Campers of Colorado! Presentation of the award, and the recipients may say a few words. ) ITEM NO: Q, , REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 26, 2004 TITLE: PUBLIC MEETING ON 2005 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes (o( City Manager EXECUTIVE SUMMARY: City Staff is currently working on the 2005 Proposed Budget. A proposed budget will be submitted to City Council by the first of October for review. City Council is scheduled to meet in October at a Budget Retreat to discuss the staffing levels, progmms, services and capital projects proposed by Staff. This public input meeting is intended to focus on 2005 citizen requests, comments or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. A second public meeting is scheduled for August 23, 2004 and the public hearing is scheduled for October 25,2004. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: Do not conduct a public meeting at this time. FINANCIAL IMPACT: None RECOMMENDED MOTION: None, Report Prepared by: Patrick Goff, Administrative Services Director (303-235-2805) Attachments: 1. None 040726 CAF Budget Input Meeting ITEM NO' 3 t REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE July 26, 2004 TITLE: URBAN RENEWAL AUTHORITY APPOINTMENT o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-JudiciaL 0 ~ Yes No ~J,ptf.dl"~ . y Cler t~~~ EXECUTIVE SUMMARY: An application for Peter Ziemke has been received by the City Clerk's Office for the Distnct III vacancy on the Urban Renewal Authority The members of the Urban Renewal Authority are appointed by the Mayor and ratified by City CounciL The term of this appointment expires in November, 2008 COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If applicant IS not appomted to the Urban Renewal Authority the vacancy will remam. AL TERNA TIVES CONSIDERED: Not appoint applicant to fill the vacancy on the Urban Renewal Authority FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to ratifY the mayoral appomtment of Peter Ziemke to the Urban Renewal Authonty, term to expIre November, 2008 " or, "I move to deny the ratIfication of the appointment of Peter Ziemke to the Urban Renewal Authonty ~W~ " Attachments: Urban Renewal Authority applicatIOn. Report prepared by' Pam Anderson, City Clerk ReVIewed by Randy Young, City Manager F r-orn : BENDELOW LAW FIRM 30:38601)0 11 07, '21. ':2I:iCI4 14: ~11 #058 F' .ciCl1/OI:iS BENDELOW LAW FIRM, P.C. ATTORNEYS AND COUNSElORS AT LAW www.bendelow.net Ed\\.'ard M. [lendelow Stephen B. Johnson Kenneth R. Hope Priscilla S. Fulmer Mark A Larson . Peter II. Zlt:mke PETER H. ZIEMKE petef"lJemk..:~beT1de low. net ... Abu AcJmltttd in Millnt:~ola July 21, 2004 VIA FAX: (303) 234-5924 Ms. Gretchen Cerveny Ms. Pam Anderson City of Wheat RIdge Re. Application Ladies: Please accept the enclosed documents as my apphcatlOn for one of the vacant Board posItIons on the Wheat Ridge Urban Renewal Authority Please calI me wIth any questIons or further requests that you mIght have. Smcerely, BENDELOW LAW FIRM, P C. Peter H. Ziemke PHZ/ndn 1120 Lmcoln Street. Suite 1000 Denver, CO 80203-2138' (303) 837.9600 Fax (303) 860-0311 10] E. Colorado Ave.. #20] A PO Hox 726, Telluride. CO 81435 (97(1) 728-4,00. Fax (970) 728-'>9" From:BENDELClW LAW FIRM .30386(1(1:311 07/:21/201:14 14: ~d #O~i:1 F' ,llC:'I)}: BOARD BOARDICOMMISSION/COMMITTEE- Click & Pnnt Appl1cation APPLICATION FOR PP01NTMENT TO THE J1 a rre.rJ<<.f. lifY1k (BOARD/COMMISSION/CO MITTEE) d- /_w ::L0J"-"O'Y'" --.--'- ..... ra: DATE. DISTRICT r----'---* ~- ~ i HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A ! REGISTERED VOTER? to V e& r..s Yes ! , i----~.. -~.-.- ,,"-'----.- -- C(j'YI /~(e~ i"" .ovrbfcc ~rvf~(t/cJt.'f~~ ~ . M(e..#~ ~ r1av.e. ('e4-v'-dJ~rrer1err(e IrI , .-,-- :WHY ARE YOU SEEKING THIS -'- iAPPOINTMENT? tVIJTk..) Ov1vt-d <I1w- a~. DO YOU HAVE EXPERIENCE IN THIS AREA? ~ _ _ ___...____M._.. _.~ _ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF so, WHICH ONE? HOW LONG? ,....--.-.- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES~ . SIGNATURE .... \J) -. .- -,.+... -."- PLEASE PRINT OR TYPE NAME. ,. .~...., ,ADDRESS 3;?gs m (/Of'( ~ __h__.___ ._.... n___ ._ ._ _._ .- :HOME PHONE: 3D3 ~;2."3 7- Lf1'7'J : Yf/j .;lJof on a,'-J c:~ 61 c.J}~~ &".., 1"7,1!-(!lj' ;lJ If)1fL I; n r}')-J7-1 'fL H. 67~~ \ZIP CODE. 'bOOP . - (BUSINESS PHONE ;SD~. <g S I] - Cf(P tJo I APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR From:BENDELOW LAW FIRM Peter H. Ziemke W::' ... tJ'.... '. ~ .. , .. \. ~\74 :.:'~ 1 -' 3038600311 07/21.:'2004 14::12 #(68 F' .003/01}3 "My view of the law is that rules should be followed, results should be predictable, and the side with the most merit should win The frustrating reality of our system, however, is that the sys- tem runs best when skilled advocates are there to ensure that the result achieved is just The best judges are those who are able to shed their own prejudices, personal tastes and dissatisfaction of "the system" to see to it that the arguments and cases that win are those that are actually entitled to win All clients, whether they are the little guy fighting the system or the big corporation, are entitled to advocacy to the full extent of their rights." · B S UniverSity of Missouri 1983 · J D. University of Denver 1986 Professional Experience: · Bendelow law Firm, PC 2003 - present · Peter H Ziemke llC 2000 - 2003 · Special counsel to Duncan, Ostrander & Dingess 2000 - 2003 · Assistant Arapahoe County Attorney 1991 - 2000 · Pryor, Carney & Johnson PC 19B6 - 1991 Professional Affiliations & Admissions: Admitted to bar, 1986, Colorado, U S District Court and 10th Circuit Court of Appeals Member, First Judicial District Bar Association and Colorado Bar Association (Real Estate and Local Government sections) Practice Areas Real estate transactions and litigation, land use and zoning advice and litigation, fence, easement, covenant and boundary disputes, municipal and local government law, including eminent domain proceedings. >> ) ) . ' , ) . RESOLUTION OF THE BOARD OF DIRECTORS OF THE WHEAT RIDGE FIRE PROTECTION DISTRICT June 9, 2004 Resolution No 2004-05 TITLE A PRELIMINARY RESOLUTION AND ORDER FOR THE INCLUSION OF REAL PROPERTY INTO THE WHEAT RIDGE FIRE PROTECTION DISTRICT WHEREFORE, BE IT RESOLVED by the Board of Directors of the Wheat Ridge Fire ProtectIOn District at a regular meetmg of the Board held thiS 9th day of June, 2004, at which a quorum was present. WHEREAS, the Colorado SpeCial District Act ("Act") at SectIOn 32-1-401(2)(a)(II) of Colorado ReVised Statutes provides that real property may be included into a special district by "The Board adoptmg a resolution propOSIng the Inclusion of a speCifically described area. " WHEREAS, the Wheat Ridge Fire ProtectIOn District IS best able to serve, and m fact has served an area of property in the past, that IS generally described as that portIon of unmcorporated Jefferson County WIth boundanes approximately West of Interstate Highway 70 to McIntyre and from Colorado State Highway 58 to West 32nd Avenue, WHEREAS, the Dlstnct has received notIce that development of that area IS currently contemplated and that said property may be annexed by the City of Wheat Ridge. WHEREFORE, the Board makes the following findmgs concerning thiS mclusIOn. 1 The Board makes a preliminary finding that no other fire protection entity could better serve the subject area. The Board relies upon the opmions of its chief and officers m making such detenrunatIOn. 2. That the interests of the Wheat RJdge Fire ProtectIOn Distnct system and the interests of the CitIzens of the Distnct and the City of Wheat Ridge are served by the Inclusion of the entire described terntory into the Wheat Rldge Fire Protection District. e e e " WHEREFORE, the Board resolves to Include the property described on a prehmmary basIs subject the condItions of: consultation wIth the owners of the subject property; obtaining of an mcluslOn PetitIon if saId property IS owned by only one owner, pubhcatlon, notIce to countIes, mumclpahties and other fire entItIes, public heanng and adoptIon of a additIOnal amended mclusion resolutIOns as may be needed wIth any appropnate conditIOns; court hearing and electIon WIthin the area to be mcluded if a 100% PetItion is not obtamed. THE WHEAT RIDGE FIRE PROTECTION DISTRICT BY ITS BOARD OF DIRECTORS ~// #' d..J ATTEST As Secretary of the Wheat Ridge Fire ProtectIOn Distnct I hereby attest that the wlthm preliminary Resolution and Order for the InclUSIon of Real Property mto the Wheat Ridge Fire ProtectIOn Dlstnct was adopted at a regular meetmg of the Board of DIrectors of the Distnct at whIch a quorum was present, upon motion duly made, seconded and approved favorably by a majority of said Db ~ . K ;(}~)i Secretary 2 PUBLIC COMMENT ROSTER DATE: July 26, 2004 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!!! NAME ADDRESS STATING NAME, "'- \t ~,I~ TOPIC S '0C u/'l\::l W\ rJ \ C:c OND W (N' N,'CJt. c.on~V' Jo tL/IlIi ~ ;f-h-eJJ Je'SSf ~ B-ev4D0 ~ '7 Fr- ~a..,V1 JOttV\L1~ DVI Fb~ GENERAL AGENDA ITEM COMMENT ROSTER DATE: July 26. 2004 . ~ ~, ;0:; ~' ('~. ~~ ' I ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. NAME ADDRESS W :1 \j -1{~ -t/ ~~C%-K. AGENDA ITEM NO. CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: PUBLIC INPUT ON 2005 BUDGET. PLEASE PlUB'I\'fYOUR NAME ABD ADDRESS CHECK IN FAVOR I OPPOSED T;;'c 1<; 2-JiJEIf :5'1, r'u... ............. 3q4~""" MILLI3IL \'( IF YOU BEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl --- .. CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.1. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUlilCIL CASE NO. COUlilCIL BILL NO. 15-2004 TITLE: COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENCATING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64 YOUR NAME AIIID ADDRESS CHECK IN FAVOR OPPOSED - IF YOU IilEED MORE ROOM PLEASE SIGH OH BACK OF PAGEl ...x..L.J...I : iJ...l h, ,'- , I~' . " j \ : \ y, (\.I'Ie'-. C \) v,"'\\... I i \~; \\ H Il _O(j\)l.j H \ 3 ~(f lL i l- ~ '-~) ~ G-hze.a ~cr-. ~ ~. G;) ~~ LQMmJ-4 Vl-e. ~t!~~-nU/\ ~. - ~u, W ~Uj~J hcj. - t.e..eM. ~r' c...,de- ~ ~~t&u/) - C~ H-~. &b ~~ 1O~"".'~ C""-"~el.Ct -t 6J-.-.~~. ~-e~ - LGIIA.,J UjcLQ.k - ~ s Z3/.;()O l&..o ( ed ~ -h w{Z r-h~~ ~ C;-~t, \2~ U ~ ~ ~\.~~-' N~ ~~y-t ~ ~_ t'OMC:.. ,'~ F~~~b .----- ....------.-----. ~r -s~ _ ~<k ~~ ~~.J ~ ~~ ~,-,-t. ~a"-' ~ ~. ~ -\v "'-~!~ ~ '\1,\1 \'6 -'z;td< v'" ~~ ~ ~&o ~ ~k\~4 ~ cve/ '\-'-0 ~kvC,*,v<..' (~I ~ '2,,1(" --~ ./ \wb> 1.-:\ 'V.:\.....V,,~ <>0'\ ~ S~. ~1:f p~ ~~ k'oci r ~\_ \L, I (_... "'~ . \....~,..... v l, ~tlev ~:t-. ~.r ___ "" \""'''-' t: ~ b<<' -.. \~ / adro """ D. ~. ~~ ~ (p.ry\e,t.';' :i\ r~ ~ ~ 'IT' u .. ~ d< ~ avJC. \f''c5' vJ<1V-'L9' )o<\.-<.- ~\f'~ ~~ +0 ~'-. C~". _ \0:J~ 0'(, '31>C- ~....,...... ~ ~~ . CJ.; -..,..;J '\ cl~-t1'\l"'" . -_..._---._----~ . -~ \V- ~ A \ .(0 sd.<-' ~ .J - ,B c:\.ef+- 0(/,:./1: ~ ;?' "'-. svw"" c~, v~vJ p ~+o' '1J(oO @ o~ ~~~ -~. .~ G~-~; ~'jV~~~~. ,..... ) ~. o<>J ~ ~~' tJ~ 6v+ j)<.<#vW r"'~ c+--. - 4--n- QO:;:?. 8~;<. ~ \'^"'~~ b~ r* ""'" I 'i <'< - '0;>> -IW"" . ..... .0 ~ ~ /'oj. ,q.- _~~ut1~ ~~'. ~s\)) _~ ~ ~. p.,J.-n- S6"(j '.u~'- \?--D, - --- - ----..----------------.-.-- ~\,\u1 '. fJ.J.e.~ ~ ) ~' w~.~~~cG~';IT*- -~ .---"1".,.,.... K,,:~ " ~ ~ ",+ ~ ,,,,,F:5_ ~ t\<(f ~ ,.,...,...-,,<- ~,,-..-<)V--t ~.\; ~ ....a:.J'"i ~ ~- ~ ~ \0~ \l \)JlL ~ (j~ ~t J.t"""'~ Y-'() '<:~~ t- c- -(\-..,..J \uvJ" K= *(Y . ~ A-..>>-. C~d. so--if k- . J~ . S~ s~-t' ~~ _ 1J5'D. m,", '"'-.,-~"',~,'""",',,,,',''' "",lMOOlJlIiB,,' '""" ,,,,,,,',',,---,'''''' " . ~ . . '," . "." ,," ''''<, "" r. ' -': ">;__" , 'f "" .' . ,- " ',' ' ,', :'". :~ '~\"" "~":" ,~' ::~" .... :'~ .:-0,\> CITY OF WHEAT RIDGE, COLORADO Julv 26. 2004 Mayor Cerveny called the Regular Cio/ Council Me~g to order ~ 7:00 p.m. C..9Uncilmembe~ present: Karen Adams,1<aren Berry;'" Jerry DiTullio, Dean Gokey, Lena Rotolc(Wanda Sang, Larry Schulz~d Mike Stites~lso present: City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF Julv 12. 2004 Motion by Mr DiTullio for the approval of the Minutes of July 12, 2004; seconded by ~ carried €' ./ 0 . PROCLAM20NS AND CEREMONIES BUSiA~r: App~~~s ~ c.~ Db W~--~'~ LA ~c-tr;~ ~ (~~) CITIZENS' RIGHT TO SPEAK ';' G~ L0~ APPROVAL OF AGENDA ~~.~d CITY COUNCIL MINUTES July 26, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENCATING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64 Council Bill 15-2004 was introduced on second reading by Mrs Sang. Ms Anderson assigned Ordinance No I q ~ ~ Motion by Mrs. Sang to approve Council Bill 15-2004 (Ordinance No \ 9f;hAec.on9; \' reading, and that it take effect 15 days after Inal pUbli<?tion; second\d by ~.;, J~) carried 'SltG ~~ . . .. l~u- ~) '~O Item 2. Public Input on 2005 Budget. ~Uiu ( -- I ~ \'^-kvoolu.~ ~ \rl;v. ~ilio OAO(~. ~Lt'D 'V' CA cf; ~ ...Q ><:-e (/(.Iv V~ S\NYtt.~y DECISIONS. RESOLUTIONS AND MOTIONS Item 3. Appointment to Urban Renewal Authority Motion by i)~~W to appoint Peter Ziemke to the Urban Renewal Authority, term to expire November 2008; seconded by ~ . carried g --0 . CITY MANAGER'S MATTERS -\">--V\t H~.~ ~ . CITY COUNCIL MINUTES July 26, 2004 Page -3- CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Meeting adjourned at 1;-r;1J p m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON AUGUT 9, 2004 BY A VOTE OF _ to _ Wanda Sang, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions