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HomeMy WebLinkAboutCouncil Agenda Packet 10-22-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 22, 2018 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Study Session Notes of September 17, 2018 PROCLAMATIONS AND CEREMONIES CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA CITY COUNCIL AGENDA: October 22, 2018 Page -2- 1. CONSENT AGENDA a. Motion to approve payment to Kaiser Permanente for November 2018 Membership Billing in the amount of $205,058.38 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING 2. Council Bill 28-2018 – amending the Wheat Ridge Code of Laws concerning Wildlife and Waterfowl 3. Council Bill 29-2018 – amending Chapter 17 of the Wheat Ridge Code of Laws concerning the consumption of Fermented Malt Beverages in City Parks 4. Council Bill 30-2019 – amending Chapter 17 of the Wheat Ridge Code of Laws concerning Parks and Recreation to address the use of Electrical Assisted Bicycles DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 67-2018 – in support of Wheat Metro Fire Protection District Ballot Issue 7C CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: October 22, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR NOVEMBER 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $205,058.38 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: For 2018, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former employees who choose to enroll. November billing is in the amount of $205,058.38 which requires City Council approval. PRIOR ACTION: Approval of October 2018 Kaiser bills. FINANCIAL IMPACT: While monthly costs vary depending on the number of employees and dependents enrolled, for 2018 these costs will average around $195,000 per month. The November 2018 bill is for active and COBRA membership billing. Monthly bills over $75,000 will be brought to City Council for approval. BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. Based on the City’s shift to two deductible plans and a robust wellness program, Kaiser plan renewals have been minimal compared to the market the past two years. Council Action Form – Kaiser November 2018 Billing October 22, 2018 Page 2 RECOMMENDATIONS: Staff recommends to pay the November 2018 Kaiser bill. RECOMMENDED MOTION: “I move to pay the November 2018 Kaiser bill in the total amount of $205,058.38.” Or, “I move to deny the payment of the November 2018 Kaiser bill in the amount of $205,058.38 for the following reason(s) _______________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. 2018 November Kaiser Bill ••• �"'' KAISER PERMANENTE® Kaiser Permanente Membership Administration P.O. Box 203009 Denver, CO 80220-9009 CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE ACTIVES ATTN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 Please send payments only to the following address: Kaiser Permanente Membership Administration Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 Please mail all membership changes to: Kaiser Permanente Membership Administration P.O. Box 203009 Denver, CO 80220-9009 GROUP-BILLGROUP-REGION: 00181-01-16 Invoice Creation Date: October 02, 2018 Bill Period Dates: 11/01/2018-11/30/2018 Invoice Number: 0021835524 Bill Date: 10/02/2018 Amount Due: $391,064.24 PLEASE PAY BY: 10/31/2018 For Billing Inquiry: TABITHA MARIE LEE -CSCC Phone: 866-868-7220 Or, send membership changes to either: Fax: 866-311-5974 Email: csc-den-roc-group@kp.org Did you know you could process your membership changes online at kaiserpermanente.org? ··················································································································································································································· GROUP-BILLGROUP-REGION: 00181-01-16 (RETURN THIS PORTION WITH YOUR PAYMENT) CITY OF WHEAT RIDGE ATIN: CHRISTINE JONES 7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 Provide Billing Unit number(s) on check and make it payable to: Kaiser Permanente PO BOX 711697 Denver, CO 80271-1697 Invoice Number: Bill Period Date: Please pay this amount: Payment must be received by: Amount Paid: 0021835524 11/01/2018 $391,064.24 - \ (\ 0 )),;>, It) 10/31/2018 16001810000010DDOOODDD002183552411012018LDL8LDDDDDD039106424DODDOODOD000005 ATTACHMENT 1 ITEM NO: DATE: October 22, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2018 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING WILDLIFE AND WATERFOWL PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Staff is recommending new rules and regulations concerning the feeding of wildlife and waterfowl be consolidated with existing regulations on the treatment of wild animals. This ordinance amends Chapter 4 (Animals), Chapter 16 (Miscellaneous Offenses), and Chapter 17 (Park Rules and Regulations). PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: Adoption of this ordinance could decrease the amount of staff time and other expenses associated with the impacts of feeding wildlife and waterfowl. BACKGROUND: Due to the close proximity of open space to residential dwellings, the feeding of wildlife within the greenbelt may create the following issues: • Most wildlife become tame and later can become aggressive in search of food. This can result in injuries or death to people, pets and livestock animals. Council Action Form – Feeding of Wildlife and Waterfowl October 22, 2018 Page 2 • Wildlife can carry diseases that may affect humans, pets and livestock animals, such as rabies and the plague. • Animals will frequent areas where food is available which includes roadsides and the crossing of major thoroughfares to reach the food sources and may be killed by passing of vehicles. • Deer have unique digestive systems. They must eat enough specific plant proteins to stimulate the growth of vital intestinal bacteria. Human food does not produce these organisms, and without them, members of the deer family cannot process food. They may starve to death on a full stomach. • Human food may cause health problems and chemical imbalances in wildlife. Ill health is the result of eating human food and will make the animals less likely to survive in winter. • Many animals will stop foraging for wild foods and become dependent on human handouts. If they fail to stash seeds, they will no longer be planting future generations of trees and bushes. RECOMMENDATION: This Ordinance: (1) defines wildlife and waterfowl and food, (2) establishes rules and regulations governing the feeding of wildlife and waterfowl, (3) moves material concerning wild animals from Chapter 16 to Chapter 4, and (4) cross-references the (new) requirements to the existing park and recreation rules in Chapter 17. The Parks and Recreation Commission recommend amending provisions of Chapter 4 and 17 of the Wheat Ridge Code of Laws concerning animals and the feeding of wildlife and waterfowl. RECOMMENDED MOTION: “I move to approve Council Bill No. 28-2018, an ordinance amending the Wheat Ridge Code of Laws concerning wildlife and waterfowl, on first reading, order it published, public hearing set for Monday, November 26, 2018, at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 28-2018, an ordinance amending the Wheat Ridge Code of Laws concerning wildlife and waterfowl for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________________ Council Bill No. 28 Ordinance No. __________ Series of 2018 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING WILDLIFE AND WATERFOWL WHEREAS, pursuant to Article XX of the Colorado Constitution and C.R.S. §§ 31-15-401(1)(m) and 31-15-702(1)(a)(I), the City of Wheat Ridge (“City”) possesses the authority to prohibit the feeding of wildlife and waterfowl; to regulate the treatment of wild animals, and to regulate the use of public parks within the City; and WHEREAS, pursuant to this authority, the City, acting by and through its City Council (the “Council”), wishes to prohibit the feeding of wildlife and waterfowl within the City; and WHEREAS, the Council finds and determines that the imposition of rules and regulations specific to the feeding of wildlife and waterfowl are necessary and desirable to minimize the potential impacts of feeding wildlife and waterfowl to protect all people and animals using the parks; and WHEREAS, the Council further finds that feeding wildlife and waterfowl rules and regulations should be codified within the Wheat Ridge Code of Laws (“Code”) to permit the violators thereof to be prosecuted in the City’s Municipal Court; and WHEREAS, the Council therefore desires to amend certain provisions of Chapters 4, 16 and 17 of the Code, to establish uniform rules and regulations to prohibit the feeding of wildlife and waterfowl, and the treatment of wild animals and to make other conforming amendments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 4-1 is amended by the addition of the following definitions: "WILDLIFE" SHALL INCLUDE ANY ANIMAL, WHICH IS NOT NORMALLY DOMESTICATED IN THIS STATE, INCLUDING BUT NOT LIMITED TO BEARS, MOUNTAIN LIONS, ELK, COYOTES, DEER, FERAL CATS, FOXES, GROUNDHOGS, OPOSSUMS, RACCOONS, SKUNKS, SQUIRRELS AND WATERFOWL. ."WATERFOWL" SHALL INCLUDE ANY BIRD, DOMESTIC OR WILD, THAT FREQUENTS THE WATER, OR LIVES ABOUT RIVERS, LAKES, ETC., AN AQUATIC FOWL, INCLUDING BUT NOT LIMITED TO DUCKS, GEESE, SWANS, HERON, AND EGRETS. ATTACHMENT 1 2 “FOOD” SHALL INCLUDE ANY PRODUCT DESIGNATED FOR ANIMAL OR HUMAN CONSUMPTION. “WILD BIRD” INCLUDES ALL UNDOMESTICATED BIRDS NATIVE TO NORTH AMERICA AND UNDOMESTICATED GAME BIRDS IMPLANTED IN NORTH AMERICA BY GOVERNMENTAL AGENCIES AND ANY DOMESTIC DUCK OR GOOSE RELEASED BY ANY PRIVATE PERSON OR RECREATIONAL AUTHORITY UPON ANY RECREATIONAL AREA WITHIN THIS CITY. “WILD ANIMAL” INCLUDES ANY ANIMAL NATIVE TO THE STATE, BUT DOES NOT INCLUDE RATTLESNAKES, FISH, NORWAY RATS OR COMMON HOUSE MICE. “HUMANE TRAP” INCLUDES ANY TRAP WHICH DOES NOT CAUSE PHYSICAL INJURY, PAIN OR SUFFERING OF A TRAPPED ANIMAL. STEEL-JAW LEG HOLD TRAPS AND SNARES ARE SPECIFICALLY EXCLUDED FROM THIS DEFINITION, BUT THE CITY SHALL NOT BE PRECLUDED FROM DETERMINING THAT ANY OTHER TYPE OF TRAP IS ALSO EXCLUDED FROM THIS DEFINITION. “CAUSING DAMAGE ON LAND” SHALL MEAN PHYSICAL INJURY TO BUILDINGS OR IMPROVEMENTS OR DESTRUCTION OR INJURY OF DOMESTIC ANIMALS OR PETS LAWFULLY KEPT THEREON. Section 2. A new Code Section 4-19 is hereby enacted to read as follows: SECTION 4-19. FEEDING OF WILDLIFE. A. IT SHALL BE UNLAWFUL TO PURPOSELY OR KNOWINGLY PLACE OR PROVIDE ANY FOOD FOR ANY WILDLIFE ANIMAL OR WATERFOWL. B. NO PERSON SHALL PURPOSELY OR KNOWINGLY LEAVE OR STORE ANY REFUSE, GARBAGE, FOOD PRODUCT, PET FOOD, FORAGE PRODUCT OR SUPPLEMENT, SALT, SEED OR BIRDSEED, FRUIT, GRAIN IN A MANNER THAT WOULD CONSTITUTE AN ATTRACTANT TO ANY WILDLIFE OR WATERFOWL. C. THIS SECTION SHALL NOT APPLY TO FEEDING OF BIRDS, SQUIRRELS, OR DOMESTIC WATERFOWL ON PRIVATE PROPERTY OWNED OR CONTROLLED BY THE PERSON(S) ENGAGED IN SUCH FEEDING. Section 3. A new Code Section 4-20 is hereby enacted to read as follows: SEC. 16-64. - PROTECTION OF WILDLIFE. (A) SHOOTING, CAPTURING, ETC., PROHIBITED. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IT IS UNLAWFUL TO WILLFULLY SHOOT, CAPTURE, HARASS, INJURE OR DESTROY ANY WILD BIRD OR ANIMAL OR TO ATTEMPT TO SHOOT, CAPTURE, HARASS, INJURE OR DESTROY ANY SUCH WILD BIRD OR ANIMAL ANYWHERE WITHIN THIS CITY. 3 (B) DISTURBING, ETC., NESTS, BURROWS, ETC., PROHIBITED. NO PERSON SHALL WILLFULLY DESTROY, ROB OR DISTURB THE NEST, NESTING PLACE, BURROW, EGGS OR YOUNG OF ANY WILD BIRD OR ANIMAL ANYWHERE WITHIN THIS CITY. (C) STATE-PROTECTED BIRDS AND ANIMALS. THE PROVISIONS OF THIS SECTION ARE NOT INTENDED TO ALLOW THE DESTRUCTION OF ANY BIRD OR ANIMAL PROTECTED BY STATE OR FEDERAL LAW. (D) WHEN TRAPPING PERMITTED. IF ANY WILD BIRD OR ANIMAL IS CAUSING DAMAGE ON LANDS WITHIN THE CITY OWNED OR LEASED BY ANY PERSON, SUCH PERSON OR ANY MEMBER OF HIS FAMILY, OR HIS AGENT, MAY TRAP SUCH WILD BIRD OR ANIMAL, SUBJECT TO THE PROVISIONS OF THIS SECTION. (E) PROVISIONS FOR TRAPPING. TRAPPING OF ANIMALS SHALL FOLLOW THE PROVISIONS SET OUT BELOW: (1) WHEN DEEMED NECESSARY BY POLICE OFFICERS OR THE COMMUNITY SERVICE OFFICER FOR THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, SUCH OFFICERS AND/OR THEIR AGENTS MAY PLACE A HUMANE TRAP ON CITY PROPERTY OR OTHER PROPERTY WITHIN THE CITY WHEN THE PROPERTY OWNER REQUESTS SUCH HUMANE TRAP FOR THE PURPOSE OF CAPTURING ANY WILD OR PET ANIMAL CREATING A NUISANCE IN THE CITY. PROVIDED, HOWEVER, THAT NO TRAP OF ANY KIND SHALL BE SET UPON ANY PROPERTY WITHOUT NOTIFICATION TO AND/OR PERMISSION FROM THE OWNER OF SUCH PROPERTY. (2) ANY PERSON WHO TRAPS AN ANIMAL PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL IMMEDIATELY NOTIFY POLICE DEPARTMENT OF SUCH TRAPPING. THE POLICE DEPARTMENT SHALL HAVE THE EXCLUSIVE RIGHT AND AUTHORITY TO DETERMINE THE DISPOSITION OF ANY SUCH TRAPPED ANIMAL. (3) COMMUNITY SERVICE OFFICERS ARE AUTHORIZED TO USE ANY HUMANE TRAPS OR OTHER SUITABLE DEVICES TO SUBDUE OR DESTROY ANY ANIMAL THAT IS DEEMED BY THE COMMUNITY SERVICE OFFICER, IN HIS DISCRETION, TO BE A DANGER TO ITSELF OR TO THE PUBLIC HEALTH AND SAFETY. (4) IT SHALL BE UNLAWFUL FOR ANY PERSON TO SET OR CAUSE TO BE SET WITHIN THE CITY ANY STEEL-JAW LEG-HOLD TRAP, SNARE OR ANY TRAP OTHER THAN A HUMANE TRAP, FOR THE PURPOSE OF CAPTURING ANY ANIMAL, WHETHER WILD OR DOMESTIC. (F) APPLICATION TO CITY AND STATE EMPLOYEES. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PERSONNEL OF ANY POLICE, FIRE OR ANIMAL CONTROL AGENCY OR TO THE STATE DIVISION OF WILDLIFE OR 4 DEPARTMENT OF HEALTH OR OTHER STATE OR FEDERAL AGENCY, AND ALL CITY OF WHEAT RIDGE EMPLOYEES WHEN SUCH PERSONS ARE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AS EMPLOYEES OF SUCH AGENCIES. (G) NOTHING HEREIN SHALL LIMIT THE AUTHORITY OF A SWORN POLICE OFFICER OF THE CITY TO TAKE ACTIONS TO SUBDUE OR DESTROY ANY ANIMAL THAT IS DEEMED BY THE POLICE OFFICER, IN HIS DISCRETION, TO BE A DANGER TO ITSELF OR THE PROTECTION OF PUBLIC HEALTH AFND SAFETY. Section 4. Code Section 17-29 is amended by the addition of a new subsection (c), to read as follows: (C) THE TREATMENT OF WILDLIFE AND WATERFOWL SHALL BE GOVERENED BY SECTIONS 4-19 AND 4-20 OF THIS CODE. Section 5. Code Section 16-64 is hereby repealed. Section 6. 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 7. 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 8. 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 22nd day of October, 2018, 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 November 26, 2018, 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 _____________________, 2018. SIGNED by the Mayor on this ________ day of ____________________, 2018. Bud Starker, Mayor 5 ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: October 22, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29-2018 – AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CONSUMPTION OF FERMENTED MALT BEVERAGES IN CITY PARKS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Staff is recommending new rules and regulations concerning the consumption of alcohol in City Parks. These new rules align with the State of Colorado changes in the definition of fermented malt beverages that are effective January 1, 2019. This change eliminates the current restriction of 3.2% fermented malt beverages (beer) only allowed in parks and allows malt beverages of up to 6% alcohol by weight. PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: There is no financial impact created by approving this ordinance amendment. BACKGROUND: Colorado State Senate Bill 18-243, which becomes effective on January 1, 2019, eliminates the alcohol content limit within the definition of “fermented malt beverages,” and allows public consumption of alcohol if it “has been specifically authorized by ordinance, resolution or rule adopted by a municipality, [or] City. Council Action Form – Ordinance Amending the Consumption of Fermented Malt Beverages October 22, 2018 Page 2 RECOMMENDATION: The Parks and Recreation Commission recommend amending provisions of Chapter 17 of the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in City Parks. RECOMMENDED MOTION: “I move to approve Council Bill No. 29-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in city parks, on first reading, order it published, public hearing set for Monday, November 26, 2018, at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication.” Or “I move to postpone indefinitely Council Bill 29-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the consumption of fermented malt beverages in city parks for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 29 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CONSUMPTION OF FERMENTED MALT BEVERAGES IN CITY PARKS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted and amended Chapter 17 of the Wheat Ridge Code of Laws (the “Code”) concerning parks and recreation; and WHEREAS, Colorado State Senate Bill 18-243, which becomes effective on January 1, 2019, eliminates the alcohol content limit within the definition of “fermented malt beverages,” and allows public consumption of alcohol if it “has been specifically authorized by ordinance, resolution or rule adopted by a municipality, [or] City,” and WHEREAS, the Council now wishes to further amend Chapter 17 of the Code to address this recent state legislation concerning fermented malt beverages and to permit the consumption of fermented malt beverages in parks within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-17 of the Wheat Ridge Code of Laws concerning “Alcoholic beverages” is hereby amended as follows: Sec. 17-17. – Alcoholic beverages. (a) The storage, sale or consumption of any malt, vinous or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein or as may be authorized pursuant to a special event permit issued by the city in accordance with C.R.S., article 48, title 12. The consumption and/or storage of fermented malt beverages containing 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 ATTACHMENT 1 beverage within any park or recreation area within the city unless such sales are made pursuant to a special event permit granted by the city 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 Active Adult Center, the Wheat Ridge Recreation Center and the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director; and provided further that such alcoholic beverages are neither sold to, served to, or consumed by any person not authorized 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 serving and consumption of alcoholic beverages at the Richards-Hart Estate, the Wheat Ridge Active Adult Center, and the Wheat Ridge Recreation Center. Section 2. 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 3. 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 22nd day of October, 2018, 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 November 26, 2018, 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 ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: October 22, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 30-2018 – AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PARKS AND RECREATION TO ADDRESS THE USE OF ELECTRICAL ASSISTED BICYCLES PUBLIC HEARING ORDINANCES FOR 1ST READING (10/22/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Staff is recommending new rules and regulations concerning the use of electrical assisted bicycles on city trails. Electrical assisted bicycles are becoming more and more popular with bicycle riders throughout the metropolitan area. Currently, Chapter 17 of Wheat Ridge Code of Laws does not allow any type of motorized vehicle on park trails. This ordinance redefines bicycle to include electrical assisted bicycles and allows the usage of these bicycles on park and open space trails. PRIOR ACTION: This item was discussed with City Council at the October 1, 2018 study session. Consensus was reached to direct staff to draft an ordinance for City Council consideration. FINANCIAL IMPACT: There is no financial impact created by approving this ordinance amendment. BACKGROUND: Colorado Revised Statutes 42-1-102(10) defines bicycles as: Council Action Form – Use of Electrical Assisted Bicycles October 22, 2018 Page 2 “Bicycle” means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.” The change outlined in this ordinance allows and defines Class I and Class II electrically assisted bicycles to ride on city trails. These bicycles require pedal power to operate and therefore are not a motorized vehicle. By using the State Statute definition of bicycle the ordinance differentiates between other types of vehicles that may have electric motors as part of the apparatus. RECOMMENDATION: The Parks and Recreation Commission recommends amending provisions of Chapter 17 of the Wheat Ridge Code of Laws concerning the use of electrical bicycles on park trails. RECOMMENDED MOTION: “I move to approve Council Bill No. 30-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the use of electrical assisted bicycles, on first reading, order it published, public hearing set for Monday, November 26, 2018, at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 30-2018, an ordinance amending the Wheat Ridge Code of Laws concerning the use of electrical assisted bicycles for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 30-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 30 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PARKS AND RECREATION TO ADDRESS THE USE OF ELECTRICAL ASSISTED BICYCLES WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted and amended Chapter 17 of the Wheat Ridge Code of Laws (the “Code”) concerning parks and recreation; and WHEREAS, the Council now wishes to further amend Chapter 17 of the Code to address and include the use of electrical assisted bicycles within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-1 of the Wheat Ridge Code of Laws concerning “Definitions,” is hereby amended by the addition of the following definitions in the appropriate alphabetical order: Bicycle means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter, and such definition shall include Class 1 and Class 2 electrical assisted bicycles. Electrical Assisted Bicycle means a vehicle having two or three wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows: (a) "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. Class 1 electrical assisted ATTACHMENT 1 bicycles shall be considered and treated in the same manner as bicycles in this Chapter. (b) "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. Class 2 electrical assisted bicycles shall be considered and treated in the same manner as bicycles in this Chapter. (c) "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour. Class 3 electrical assisted bicycles shall be considered and treated in the same manner as motorized vehicles in this Chapter. Motorized Vehicle means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include Class 1 and Class 2 electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by human power. Class 3 electrical assisted bicycles shall be considered motorized vehicles in this Chapter. Section 2. 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 3. 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 22nd day of October, 2018, 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 November 26, 2018 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 ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: October 22, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 67-2018 – A RESOLUTION IN SUPPORT OF WEST METRO FIRE PROTECTION DISTRICT BALLOT ISSUE 7C PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: West Metro Fire Protection District Ballot Issue 7C is a tax stabilization initiative for the West Metro Fire Protection District (the District). The District is asking to adjust its mill levy to offset revenue lost due to changes in the residential assessment rate pursuant to the provisions of the Gallagher Amendment with the Colorado Constitution. BACKGROUND: Nearly 70% of the West Metro Fire Protection District (the District)’s budget comes from property taxes, which are determined from the assessed value of a residential or commercial property. Last year, the residential assessment rate (RAR) dropped from 7.96% to 7.2%. In 2019, the RAR is anticipated to decrease again from the current rate of 7.2% to 6.1% or lower. These cuts are caused by the Gallagher Amendment, a constitutional measure that limits the growth of residential property taxes. As a result, a reduction in RAR would directly impact the District’s budget. The District received over 34,000 calls in 2017, which is a 51% increase over the last decade. The increased workload coupled with the anticipated reduction in RAR would reduce its ability to fund life-saving resources. Additionally, the financial impact on the District could require it to close one or more firehouses. This would include the loss of firefighters and paramedics, increasing the overall response time to emergency incidents. Council Action Form – West Metro Fire Protection District Ballot 7C October 22, 2018 Page 2 The District has limited revenue raising flexibility and levies fixed at 12.382 mills for operations, which can only be increased through voter approval. The District would like to adjust its property tax mill levy to offset any future decrease in the RAR. The mill levy increase would match and be capped by the revenue that would maintain the current RAR formula of 7.2% as a “floor”, and any increase of the RAR would be matched with the mill levy rate to allow the District to collect tax proceeds to meet any increased community needs in the future. The ballot initiative is not a tax increase. It would allow the District to maintain the current RAR, establishing a steady, predictable budget, and continuing to provide the community with life-saving services. PRIOR ACTION: N/A FINANCIAL IMPACT: There is no direct fiscal impact in supporting or opposing West Metro Fire Protection District Ballot Issue 7C. RECOMMENDATIONS: Staff recommends approval of Resolution No. 67-2018 to support West Metro Fire Protection District Ballot Issue 7C. RECOMMENDED MOTION: “I move to approve Resolution No. 67-2018, a resolution of City Council in support of West Metro Fire Protection District Ballot Issue 7C.” Or, “I move to postpone indefinitely Resolution No. 67-2018, a resolution of City Council in support of West Metro Fire Protection District Ballot Issue 7C, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 67-2018 2. West Metro Fire Protection District Ballot Issue 7C CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 67 Series of 2018 TITLE: A RESOLUTION OF CITY COUNCIL IN SUPPORT OF WEST METRO FIRE PROTECTION DISTRICT BALLOT ISSUE 7C WHEREAS, local government services are essential to the citizens of the City of Wheat Ridge; and WHEREAS, the West Metro Fire Protection District (the “District”) provides fire and life safety services for the city of Wheat Ridge; and WHEREAS, West Metro Fire Protection District Ballot Issue 7C requests the electorate to allow the District to adjust its mill levy to offset revenue lost due to changes in the residential assessment rate pursuant to the provisions of the Gallagher Amendment within the Colorado Constitution; and WHEREAS, the passage of West Metro Fire Protection District Ballot Issue 7C is crucial to the future of the District and the general health, welfare, and safety of its inhabitants and taxpayers by ensuring that the District maintains a reliable level of funding to continue providing adequate staffing as well as the necessary training and equipment to protect and serve the community at the highest standard; and WHEREAS, City Council may adopt a resolution taking a position of advocacy on any ballot measure pending before the electorate; and WHEREAS, City Council takes a position in support of West Metro Fire Protection District Ballot Issue 7C. NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that: The City of Wheat Ridge supports West Metro Fire Protection District Ballot Issue 7C and urges a vote of YES this November. DONE AND RESOLVED this _____ day of ____________, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2 West Metro Fire Protection District Ballot Issue 7C: IN ORDER TO SUSTAIN ADEQUATE FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES, AND ONLY IN THE EVENT THAT THE RESIDENTIAL ASSESSMENT RATE IS REDUCED BELOW THE CURRENT RATE ESTABLISHED PURSUANT TO SECTION 3 OF ARTICLE X OF THE COLORADO CONSTITUTION, SHALL THE WEST METRO FIRE PROTECTION DISTRICT (DISTRICT) BE PERMITTED TO ADJUST ITS PROPERTY TAX MILL LEVY TO OFFSET ANY RESULTING DECREASE IN REVENUE, AND SHALL THE DISTRICT BE PERMITTED TO ADJUST ITS PROPERTY TAX MILL LEVY TO MATCH AND BE CAPPED BY THE REVENUE THAT WOULD HAVE BEEN COLLECTED BASED ON COLORADO’S STATUTORY RATE STUDY RECOMMENDATION, IF THE RECOMMENDATION IS ABOVE THE CURRENT RATE, FOR THE PURPOSES OF, BUT NOT LIMITED TO: MAINTAINING EMERGENCY RESPONSE TIMES; MEETING INCREASED DEMAND FOR VITAL EMERGENCY SERVICES; PROVIDING SAFETY GEAR FOR FIREFIGHTER PARAMEDICS, SUCH AS AIR PACKS; MAINTAINING ADEQUATE NUMBERS OF FIRST RESPONDERS AND FIREFIGHTER PARAMEDICS; AND, PROVIDING TRAINING AND EQUIPMENT FOR LIFE-SAVING MEDICAL RESPONSE, WATER RESCUES, WILDFIRE RESPONSE, MASS CASUALTY INCIDENTS, AND OTHER EMERGENCY RESPONSE SERVICES; WITH OVERSIGHT BY THE ELECTED BOARD OF LOCAL RESIDENTS, AND ALL FUNDS SUBJECT TO INDEPENDENT AUDITS PUBLISHED ON THE DISTRICT WEBSITE; AND SHALL SUCH TAX PROCEEDS BE COLLECTED AND SPENT BY THE DISTRICT AS VOTER APPROVED REVENUE AND SPENDING CHANGES IN EACH YEAR, WITHOUT REGARD TO ANY CONSTITUTIONAL OR STATUTORY SPENDING OR REVENUE LIMITATIONS INCLUDING THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND SECTION 29-1-301, COLORADO REVISED STATUTES?