Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Study Session Packet 09/20/2010
STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. September 20. 2010 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .1. Staff/Council Report(s) a) Johnson Park (handout provided at meeting) b) Senior Center Sign c) Verified Alarm Response d) Wireless Service in City Council Chambers e) International Property Maintenance Code Update (handout provided at meeting) f) September 2ih Council Meeting -Addition of Study Session 2. Liquor Code Amendment -distance from schools ;L Council Rules a) Responding to citizens during Right to Speak b) Outside testimony during study sessions A # .. City of AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City FROM: Joyce Manwaring, Parks and Recreation Director DATE: September 14, 2010 (for Study Session of Sept. 20) SUBJECT: New Sign for Active Adult Center Attached is the final design and specifications for the new sign at the Wheat Ridge Active Adult Center, formerly the Wheat Ridge Senior/Community Center. The sign is in need of replacement for the following reasons: • The existing sign is beyond repair and needs to be replaced. • The name of the Center has been changed to the Wheat Ridge Active Adult Center. • The Center has often been confused with the Seniors' Resource Center. The new sign will include the City logo with City of Wheat Ridge lettering as well as lettering to indicate that the Center is a part of the Wheat Ridge Parks and Recreation Department. • The LED sign will be easily and conveniently programmed by staff via computer software as opposed to the old sign that had vinyl letters that needed to be changed by hand. Design features include: • Brick to match the existing building brick. • The sign will be approximately one foot taller and 2 feet longer than the existing sign. • The LED sign is a 3-line screen, 2'-7" x 6'-9". • "Active Adult Center" at the top of the sign will be illuminated. Hours of operation for the LED portion of the sign will be 8am to 10pm. The sign meets all code requirements per the vendor and is currently being reviewed internally to confirm conformance. The cost of the sign, including installation and electrical, will be $29,534 which will be paid for by funds the Senior's have raised through their fund raising efforts over the past several years. The funds are held by the Wheat Ridge Foundation in the designated senior program line item. The same vendor that was awarded the design build contract for the new park signs has been contracted with for the Active Adult Sign. The Senior Advisory Committee has been involved in the design of the new sign and recommends the purchase and installation of the sign. The Park and Recreation Commission voted to support the design at their August 18 meeting. As always, I am available to respond to any concerns or questions. Thank you. ATTACHNMENT 1. Rendering of sign rn 2'-4" I . I 1'-8" 7'-0 " Double Face Display 112"-1'-0" Fabricated aluminum top. Rout copy: "Wheat Ridge Adult Center" out of aluminum background and back up with white acrylic. T-12 illumination. Logo: Non-illuminated digital output Paint background Mp13200 James Brown rn 25 MM red electronic message center 2'-5"xTO". Sheet aluminum end fillers. Paint black. Brick to match building brick. 121 End View II;,IIIW;1 Note: 1-----Perforated alum. end for venting rn 1 "xl" square tube accent. [ID rn 1/4" thick cutout aluminum copy. Stud mount flush to masonry. I"TI Opposite Face Follow to return. U;iII&IiI;J Paint Mp04437 Strato Tan 2 9 3 0 W es t 9th A v enu e. D enve r . Colorad o. 303 -629 -61 2 1 F ax: 303629.1024. E -Mail : d e n v erde si gn @g o rdo nsig n . com IMPORTANT ELEC. NOTE: Ul2181 COMPUANTPERNfC & MANUFACTURING RECOMMENOAllONS. AU. W.C1NCAL NJIWl1' c.cum . un I( HIIICAl1D JSOUm ClkClrn Gordon Sign Meets UL Safely Requirements Voltage: 120V unleSl otherwise specified bW client File Name: City of Wheat Ridge 11365A A. 6129110 Idded specs. of Wheat Rldoe from !il}ll. C.cllan;BEMC andVlluelnoinewtd O.{III)iN1DtNnoeEMCIIId taDlmnotlo1l1i/11l Account Rep. R.E Date: 6/17/10 Drawn by: RH Scale: Client: City of Wheat Ridge Wheat Ridge, CO Client Approval : © This design is the exclusive property of Gordon Sign and cannot be reproduced either in whole or in part without their consent. Gordon Sign Will endeavor to cIosety match colora, lI'ICIuding PMS co6ots where specified. We cannot guarantee exact matches due to vatylng compatibility of surface materials and paints used. Drawing # 1D-11365 E GORDON SIGN Attachment 1 Typical grounding and Temp, Proble Info ElfCTRiCAllNSTAlLATION EARTH-OROUNDING ExCtTE SIONS Earth-grounding Excite signs Properly grounding each sign Is necessary because it is an essential means of preventing shock, shock hazards, and potential fire hazards. WARNINGI Failure to properly ground the 81gn could re8ult In elevated voltage from lightning entering the Ilgn seeking a path to earth. The high voltage can result In electric shock, fires, and the destruction of the sign from lightning. .... 1oaIed an""ttaof". ... SIgns MUST If. In kCOfdince with Attklr 2SOoliM NatioMl El«lIIc:aI Code (NEC) and In accordance With loa! codH Of the WIln'IInty wlU b. YOfd. II you Nile IIny QUeSIJOns. conwit II crrtJfled eJl!ttrici.n. -lQ"roI.ww":tinQ'lod-I Stle of ground rod /nUt1 bt In .ctOldMc. w!thlYllONlMldloulelKltlulicodlL Figure 38.Groundng guideUnes Lightning strike protection The following guidelines must be followed or the warranty will be void: , Signs must be grounded in accordance with Article 250 of the National Electrical Code and in accordance with applicable local codes. , Do NOT terminate the ground on metal poles or buildings. The melal will corrode resulting in deteriorated grounding properties. Additionally, metal poles or buildings are often mounted on material that does not provide an effective ground. Adaptive a 110 recommends the following guidelines: , Use copper·clad ground rods as the grounding electrode. They provide effective grounding for an period of time. , Depending on the local soil conditions and codes, more than one ground rod may need to be Installed. , Since moisture becomes more stable at greater distances below the earth's surface, when pOSSible, install the ground rod so that eight feet extend below the frost line to lessen the deviation in the syslem's resistance. , Verify the grounding electrode conductor is securely attached at both ends. A sign bonded to an earth ground has a means of dissipating the high voltage and current from a lightning strike. The reslstanoe of the grounding electrode must be as low as possible. However, damage can stili occur to a sign's etectronic equipment from lightning voltage transients. Though some surge protection Is Incorporated Into a sign, to protect a sign from hlgh,voltage lightning transients, surge protectors need to be Installed In accordanoe with NEC Articles 280 and 285 and local codes. TEMPERATURE PROBE (CPTICKM.) Guidelines for temperature probe mounting Choose a mounting location that meets the following criteria, otherwise the temperature probe will record a false temperature reading: Mount the temperature probe on or near the sign's super-structure. Mount below the bottom of the sign, avoiding the intake of hot air emitting from the sign. Refer to 'How does the sign cool itself?· on page 26 for details. Air movement is not restricted by nearby walls or other obstructions. Mounting background is IIght<olored and not dark-cotored. Above vegetation and not above asphalt or blacktop. On the north side of a building to provide protection from the sun. Shield the probe from the effect of the direct sun, reflected heat, or any nearby souroes of heat. such as chimneys, lamps, vents, or HVAC ducts. At least six feet off the ground, and at least one foot below the eave of a protected overhang so convection currents (rlslng hot air flow) are not trapped around the temperature probe. Also, make sure convection currents ana not blocked by mounting plates. Only one temperature probe Is required In a network of signs but n must be connected to the Master sign. Nole: Grounding wire and grounding rod furnished and installed by client. Temperature probe Super-structure MInimum 1 foot dearanee below a protected overllaflg Minimum Sfoot dearance above the groll1d FIQure 4e.possible temperature probe mounUng locations. 10·11365 ·1 )MM,23MM ... Alernative mounting location within 25 feet of the master sign. T.,. • (PH 111 2930 W est 9th A v enue IMPORTANT ELEC. NOTE: lA.2\61 COMPl.lANTPER NEC & MANUfACTURING RECOMMENDATIONS. AU. ElKTlUCAL NlMAIY clatum lIIun IE DEllCATD "OLAllD CllCum Gordon Sign Meets UL Safety Requirements Den ve r , Co l orado 303 -629 -612 1 F ax: 303 . 629 . 1024 . E -Ma i l : d e n v erde s ign@gordon s ign . com Voltage: 120 V unle .. olberwlse $peclfledby denl File Name: City of Wheat Ridbe 11 365 Revisions: Accou nt Rep. R.F. Date: 9/8/10 Drawn by: RH Scale: Client: City of Wheat Ridge Wheat Ridge, CO Client Approval: © This design is the exclusive property of Gordon Sign and cannot be reproduced either in whole or in part without their consent. Gordon Sign will endeavor 10 closely match colors, Induding PMS coIOB where specified. We camot gUBfantee exact matches due 10 varying compatibility of $urtaoe materials and paints used. Drawing # 10.11365.2 GORDON SIGN 'm'ten " <# ... r City of DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: SUMMARY Memorandum Mayor DiTullio and City Patrick Goff, City Manager Daniel Brennan, Chief of Police September 13,2010 (For Sept. 20 Study Session) Staff Report -Implementation of a Verified Response to Property Intrusion Alarms On January 4, 2010, the Police Department presented a Verified Alarm Response (VAR) to Property Intrusion Alarms program to City Council. I have attached a copy of that Staff Report for your review. At that meeting, City Council gave direction to the Police Department to move forward on a policy to institute a verified alarm response that " ... takes into account the specialized needs of this community, as well as the policing philosophy of the Police Department. There will also be a community education effort prior to instituting the policy." As you might recall, the Police Department responds to approximately 1,250 intrusion alarms per year and up to 98% of these are false alarms. This equates to approximately 400 police officer hours per year spent handling false intrusion alarms, equaling approximately $12,000 per year in personnel costs. A bigger consideration in adopting a Verified Alarm Response policy is to decrease the backlog of police calls for service and at times, delays in response to other calls for service caused by false intrusion alarms due to operator error, defective alarm systems or weather related causes. Handling false intrusion alarms takes away the ability for patrol officers to focus proactively on crime, quality of life and traffic issues, and can significantly affect resource allocation. Many surrounding communities, e.g., Arvada, Aurora, Lakewood, Westminster and Broomfield, have already put in place a Verified Alarm Response policy. Research demonstrates there has been no increase in crime in those communities that have adopted this cost-saving approach. Lastly, citizens or business owners who have intrusion alarms can take proactive steps to ensure an intrusion alarm is verified by working with their alarm representative to ensure they have accurate contact numbers on file, and/or by purchasing an additional interior alarm that would add to the verification process. Implementation of a Verified Response to Property Intrusion Alarms September 13, 2010 Page 2 DEPARTMENT RESPONSE POLICY Effective November 1, 2010 the Verified Alarm Response policy of the Police Department will make a distinction between alarms designed to protect the safety of citizens and those designed to protect property. Alarms designed to protect citizen safety, such as robbery, duress and panic alarms, will be given a high priority and police officers will continue to respond to them. The Department will respond to alarms designed to protect property, such as intrusion and perimeter alarms, based on a verification that criminal activity has or is occurring. This verification could be another alarm, such as interior alarms, motion detectors, panic alarm, audio/video surveillance, indication of breaking glass, citizen report, or any other verification that a crime is occurring. The Verified Response Policy applies specifically to intrusion alarms. The Department has met with representatives of the alarm association. The alarm companies will use their Enhanced Call Verification (ECV) system for all intrusion alarms. This system requires the alarm company receiving an alarm to call the location of the alarm and attempt to contact the responsible party at two separate telephone numbers to verify that the alarm is valid, prior to calling the police. If the alarm company cannot determine the validity of the alarm, the alarm company will still notify the Police Department that an alarm has been received. The alarm company will advise our Communication Center if they have contacted a responsible party, and whether or not any additional alarms or other means of verification have been received. When the Communications Center receives a call for service related to a property intrusion alarm, the dispatcher will determine if additional alarms or other means of verification have been received from the property relative to this call for service, such as interior alarms, motion detectors or audio/video verification that there is a crime in progress. The dispatcher will also ask if the alarm company has met its Enhanced Call Verification responsibilities. If the intrusion alarm is verified, officers will be assigned to respond to the call for service. If verification is not received, the call will be broadcast over the radio to advise officers of the information. When an intrusion alarm is broadcast over the radio for unverified intrusion alarms, the on-duty supervisor and patrol officers will use their knowledge of the area, the property, business hours, criminal activity, inclement weather, or any other relevant information to determine whether a response is warranted or not. Lastly, supervisors will advise the Patrol Operations Division Commander of false alarms occurring at City buildings. The Patrol Operations Division Commander shall coordinate with the City Facilities Manager or other responsible persons to resolve any equipment or personnel issues related to the false alarms. COMMUNITY OUTREACH EFFORTS Throughout this process, the Department worked with the Colorado Burglar and Fire Alarm Association, also known as the Colorado Electronic Security Association, and reviewed policies of surrounding law enforcement jurisdictions in an effort to develop a policy that meets the needs of the Wheat Ridge community. While the alarm companies are supportive of the Enhanced Call Verification program, they have expressed some concern over any agency that has adopted the Verified Alarm Response policy. This has more to do with how alarm companies sell their product, than with the resource and cost impacts a police department incurs responding to false intrusion alarms. Alarm companies recognize the need to encourage customers to design Implementation of a Verified Response to Property Intrusion Alarms September 13, 2010 Page 3 systems that achieve multiple zone activations in the event of an actual intrusion, support an Enhanced Call Verification process before law enforcement is notified of an intrusion alarm, and recommend two alarm zone activations before notifying law enforcement of any alarm activation. The Department has already taken steps to educate our community members. News articles announcing this change have appeared in the January Wheat Ridge Transcript, March Mayor's Matters, and in the Spring edition of the Connections Newsletter. A slide show presentation concerning this program was created and began appearing on Channel 8 in July, as well as letters announcing this change to responding to property intrusion alarms sent out to business owners with their sales tax notices. These letters will also be included with water bills to residents in the near future. The information will be available on the website in September, as well as broadcast as the feature for Top of the Hour on Channel 8. Lt. Mark Cooney also will be discussing this change at an upcoming Enterprise Wheat Ridge meeting. A full media release is scheduled for mid October, and door hanger brochures announcing the change are being left at residences and businesses that have had property intrusion alarm activations through November 1,2010. DB/ck ATTACHMENT 1. Staff Report of December 21,2009 Lily of ff Dll'ARIMfNI TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City Council Randy Young, City Daniel Brennan, Chief of Police Dave Pickett, Lieutenant Patrol Operations Bureau December 21, 2009 Staff Report -[mplementation of a Veritied Response to Property Intrusion Alanns EXECUTIVE SUMMARY The City Code of Laws, Article V, Sections 19-111 through 19-121, Police Alann Systems gives the Police Department the authority to charge and collect fees to alalm users related to false alanns. In the late 1990' s, the Police Department discontinued the collection of fees related to false alanns due to staffing reductions. The vast majority of "intrusion" or "burglar" alarms that the police department responds to are false. [n the last three years, statistics indicate that officers responded to a total number of 3,403 intrusion alarms, with an average of98% being false. By year, those statistics are: Year Number of Alarms % False Alarms 2006 1,152 99% 2007 1,182 98% 2008 1,069 97% It is the police department's current procedure to send one primary officer and one cover officer to each alann. The average total officer time for an alarm call is II minutes. Taking into consideration that two officers are routinely dispatched to an alann call, it is reasonable to estimate an average of 20 minutes of officer time is spent on each alann. This would account for just less than 1,125 hours spent in the past three years investigating alarms where no criminal activity occurred. Many times, false alanns contribute to a significant backlog of calls and the average police response time to alann activations is extended, well beyond the time when police could reasonably hope to apprehend an intruder. Veri tied Alann Response is a program whereby criminal activity must be verified by some means prior to police response to an intrusion alalm. This program does not impact hold up, panic or duress alanns. Verification can be in several fonns: • A secondary alann from the same location, such as a motion detection alarm or heat detection alann. Attachment 1 Implementation ofa Verified Response to Property Intrusion Alarms December 21 , 2009 Page 2 of4 • Interior monitors, such as video or audio monitors. • Witness reports that support a crime is occulTing or has occurred. • Officer knowledge of the area, the business, or recent criminal activity that would support a response. • Any other information indicating the alann is valid. Verified alann response ha been studied and implemented injurisdictions across the country, including many in Jefferson County. It is a program that has proven to assist police departments in better resource allocation, without a negative impact on the occurrence of criminal behavior or the frequency of criminal apprehension. STATEMENT OF THE ISSUES With 98% of all intrusion alarms that request police response being false alarms, a police response without ful1her intomlation is an ineffective use of resources. A 2006 paper authored by M. Nichols Strategic Communications, studied 20 police departments regarding their implementation of verified alarm response. Five Metro Denver area agencies were included in the study. They were Arvada, Aurora, Broomfield, Lakewood and Westminster police departments. The study found that: • • • • • • • 94% to 99% of all alarms were false. Tlu'ough verified response, departments experienced a significant drop in time spent investigating false alan11S. Departments were able to reduce their average call response times due to time saved. There were no significant in burglary occurrences. There were no significant changes in apprehension rates. Initial public concern was alleviated through public education. Verified response worked signiticantly better than other strategies, such as charging fees for excessive false alarms or licensing alarm system clients. [n the above study, burglary rates actually went down, but this was attributed to a national trend of lower property crime rates and not to any component of the verified alarm response program. [n addition, apprehension rates rose slightly, again due to factors outside the program. In another study, the Salt Lake Utah Police Department experienced a 90% decrease in alarm-related calls for service during the first year the verified ordinance was in effect, compared to the previous year. The 2008-20 II Wheat Ridge Police Department Strategic Plan lists Goal #2 as "Continlled implementation oj the lise oj analysis to conduct workload alld staffing studies, alld case load management practices; to effectively respond to issues oj crime and disorder, critical to the department's effort 10 become more effective and efficient." Goal #7 reads, "Continue to look Jor opportunities 10 improve current service levels and explore innovative cllstomer service delivery methods. " With the Strategic Plan in mind, the police department is conducting a review of how it responds to alanns, the amount of time spent on alaml response, and the effectiveness of those responses. Implementation of a Veri fied Response to Property Intrusion Alanns December 21 , 2009 Page 3 of 4 Currently, the police department allocates almost 400 officer hours per year responding to false alanns. Four hundred hours translates to between $10,000 and $13 ,000 that is being expended for no practical police purpose. Adopting a Verified Alarm Response policy does not mean the department will discontinue receiving requests for service related to intrusion alanns. The Communications Center will continue to accept these calls for service and will explain to the caller the need for verification. Dispatchers will air the alann call and patrol ofticers will have discretion to detell11ine the need for a response. This discretion will take into account a variety of factors including weather, the location of the call for service, crime trends and patterns in the area, and prior knowledge of the area. Any alann that was verified as described previously would receive the priority appropriate to the situation. The department will continue to respond to alarm calls at schools, government facilities, financial institutions, gun shops and pharmacies. FINANCIAL IMPACT Responding to false alarms has a financial impact on all taxpayers, regardless of whether they have alaml systems or not. Although there is no hard dollar cost associated with changing police response to intrusion alarms, some minor cost may be associated with the public education required to help the community understand the changes in alarm response and the reasons for those changes. The City will not realize any direct monetary savings associated with a verified alarm response; however, Police Department resources1will be more effectively allocated and patrol officers will be able to direct their patrolling efforts to specific issues in their designated areas of responsibility. ALTERNATIVES 1. Maintain the current practice of responding to all alarms as currently prioritized. Contract with a commercial organization that specializes in permitting and collecting fees from alann users. These companies gear their programs to setting up permit processes and collecting money. Fees are charged in the pennit process and fines are collected for false alanns. The stated purpose of these companies is to provide a monetary incentive for alann companies and their clients to reduce false a1anns. This option would require that AI1icle V, Police Alarm Systems of the City Code of Laws be modified. 2. Maintain the current practice of responding to all alanns as currently prioritized. Revise Article V, Police Alarm Systems of the City Code of Laws to reflect the cun'ent practice of not collecting fees. 3, Institute a verified alann response that takes into account the specialized needs of this community, as well as the policing philosophy of the police department. RECOMMENDATION The Police Department recommends adopting a Verified Alann Response as a strategy. It makes good sense to redirect patrol officers to other crime related and problem solving activities in our community, community, This system has worked for other departments in the same geographical area as Implementation of a Veri fied Response to Property Intrusion Alarms December 21, 2009 Page 4 of 4 Wheat Ridge. The Wheat Ridge Police Department is currently responding to an average of 1,134 false alarms per year. Lo the M. Nichols Strategic Communications study, an often stated goal was to reduce false aialID response by 65%. If the Wheat Ridge Police Department real ized a 65% reduction, that would equal 244 hours in officer response time savings per year, and 731 hours over a three-year period. IfCity Council agrees, the department wilJ begin the process of imp.lementing this new strategy, revise the current ordinance to retlect new business practices and begin an educational outreach program in the communjty. DP/db , .. r City of SERVlCES TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\ 1 Patrick Goff, City ManagerJJ{] Heather Geyer, Interim Administrative Services Director Mike Steinke, Information Technology Manager September 13,2010 (for September 20th Study Session) Wireless Internet Access in City Council Chambers The Mayor has requested staff to research options to provide wireless internet access in the City Council Chambers. Councilmember DeMott has offered to use funding from his Council budget to provide wireless access to the internet in Council Chambers. The following options are available and staff recommends we move forward with option #3. Included with each option below are the pros and cons. Option #3 provides a good level of speed for the intended use and is cost-effective. In addition to the wireless internet service, IT will need to supply power to all of the Council desk areas because the number of available outlets is inadequate and lack of proper amperage. Failure to do so could result in the existing circuit breakers being tripped at an inopportune moment. I would recommend two 20 amp circuits per desk area. Three members sit at one desk area and there are three desks, excluding where the City Clerk sits. The cost for the extra electrical outlets would be a total of $500. The overall funding impact of option #3 is: • Initial one time cost of $395 • Additional $500.00 for extra electrical outlets for a total of $895 plus a $60 per month reoccurring cost for a one year term • Funding in the amount of $720 can be added to the IT budget in 2011 to cover the $60 per month reoccurring cost Wireless Internet Options Available to the City Option #1 Com cast 22Mbps Wireless Pros: Wireless solution, all public access, no City exposure from public, fastest internet, uses personal devices Cons: 36 month term, @$100 per month Wireless Internet Access in City Council Chambers September 13,2010 (for September 20th Study Session) Page 2 Option #2 Corneast 22Mbps Wired Pros: Council member access only via cables, no public access, uses personal devices Cons: Wired solution, no public access, cabling cost Option #3 Corn east 12Mbps Wireless Pros: Wireless solution, all public access, $60 per month, no City exposure from public, uses personal devices Cons: 36 month term, @$60 per month Option #4 Corn east 12Mbps Wired Pros: Council member access only via cables, $60 per month, no City exposure from public, uses personal devices Cons: Wired solution, no public access, cabling cost Option #5 Qwest 7Mbps Wireless Pros: All public access, no City exposure from public, uses personal devices Cons: Slower speed for price Option #6 Qwest 7Mbps Wired Pros: Council Member access only via cables, uses personal devices Cons: Slower speed for price, no public access, cabling cost Option #7 City Network 10Mbps Wireless Pros: Low cost access for Council only Cons: High equipment cost; City provided equipment only due to security concerns such as patches, Antivirus, unauthorized applications, etc., cabling cost, no public access Option #8 City Network 10Mbps Wired Pros: Low cost access for Council only but preferred over option #7 due to being less sophisticated to maintain Cons: High equipment cost; City provided equipment only due to security concerns such as patches, Antivirus, unauthorized applications, etc., cabling cost, no public access Option #9 DireetTV 1.5Mbps Satellite Wireless Pros: Available almost anywhere Cons: Not cost effective for speed and connecting 10 computers, interruption of service due to weather. Ims Attachment: 1. Spreadsheet with Wireless Options for City Council Chambers . .. City of OF THE CITY MANAGER TO: FROM: DATE: SUBJECT: Introduction Memorandum Mayor and City Council (\j Patrick Goff, City September 14,2010 (for September 20 Study Session) Distance Requirement for Liquor Establishments In our continual efforts to create a business-friendly -"open for business" -environment in Wheat Ridge, staff has identified what we consider to be an obstacle to the redevelopment and the attraction of small businesses along several of the City's major commercial corridors. Colorado State Statutes prohibit the sale of alcohol within 500 feet of educational institutions unless the City adopts an ordinance eliminating or reducing the distance restriction. There are numerous sites in Wheat Ridge that may be negatively impacted by this law. Those sites include but are not limited to the following: • 38th and High Court -across from Wheat Ridge Middle School • SW Comer 44th and Wadsworth -property close to Wilmore-Davis at rear of property • 44th and Kipling -near Pennington Elementary • 39th and Kipling -near Everett Middle School Following is an excerpt from Colorado state statutes that limits the sale of alcohol to 500 feet from educational institutions: Regulation 47-326. Measurement of Distance. Except as provided for in 12-47-313 C.R.S., no license shall be issued to or held by any person where malt, vinous, or spirituous liquor is sold if the licensed premises is located within 500 feet of any public or parochial school or the principal campus of any college, university or seminary; said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which malt, vinous, or spirituous liquors are to be sold, using a route of direct pedestrian access, measured as a person would walk safely and properly, without trespassing, with right angles at crossings and with the observance of traffic regulations and lights. 12-47-313. Restrictions for applications for new license. (1) No application for the issuance of any license specified in section 12-47-309 (1) or 12-46-107 (1) shall be received or acted upon: (d) (I) If the building in which the malt, vinous, or spirituous liquor is to be sold is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except this provision shall not affect the renewal or reissuance of a Distance Requirement for Liquor Establishments September 14,2010 Page 2 of3 license once granted or apply to licensed premises located or to be located on land owned by a municipality, or apply to an existing licensed premises on land owned by the state, or apply to a liquor license in effect and actively doing business before said principal campus was constructed, or apply to any club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of such institution; (II) The distances referred to in subparagraph (I) of this paragraph (d) are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access. (III) The local licensing authority of any city and county, by rule or regulation, the governing body of any other municipality, by ordinance, and the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this paragraph (d) for any class of license, or may eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this paragraph (d). (IV) In addition to the requirements of section 12-47-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within any distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section 12-47-802. City Council Options If Council desires to create more opportunities for businesses that sell and/or serve alcohol in these key redevelopment areas, they are specifically authorized under C.R.S. 12-47-313(d)(III) to adopt an ordinance amending the distance limitations described in C.R.S. 12-47-313(d)(I) and Colorado Department of Revenue Regulation 47-326. Council is also authorized under that provision to remove any type of educational facility from the application of the 500 foot distance limitation. Based on that authority, the following options are presented for Council's consideration: 1) Adopt an ordinance that would reduce or remove the 500 foot distance limitation for any class of liquor license issued by the City; 2) Adopt an ordinance that would reduce or remove the 500 foot distance limitation for a specific class of liquor license (e.g. the limitation would not apply to business with on premises service licenses ); 3) Adopt an ordinance that would allow a business seeking a liquor license to obtain a variance from the 500 foot distance limitation; 4) Adopt an ordinance stating that the 500 foot distance limitations do not apply to certain types of educational schools (e.g. the limitation would not apply to any college campus or middle school); 5) Adopt an ordinance that includes any combination of the above mentioned options. Initial research was conducted by City staff and the City Attorney's Office to discover if any other Colorado municipalities have used their authority under C.R.S. 12-47-313(d)(III) to adopt ordinances amending the distance limitations for selling alcohol. Attached is a memorandum Distance Requirement for Liquor Establishments September 14,2010 Page 3 of3 from the City Attorney's Office with a summary of the research. In addition, staff received information from the entities of Eagle, Arvada and Breckenridge all of which adopted ordinances amending the distance limitations. In Arvada specifically, all distance restrictions for all types of liquor licenses were eliminated in 2006. The Wheat Ridge Police Department has reviewed this list of possible options for City Council to consider. The preference of the Police Department is to allow for the variance option based on the type of business and the geography of the location or to exempt only the hotel/restaurant license from the 500 foot restriction. City Council Direction Requested Staff would like direction from City Council to determine if additional staff time should be expended to take this issue before the Wheat Ridge Liquor Authority for their recommendations and to create an ordinance with recommendations for amending the distance limitation for selling alcohol. ATTACHMENT: 1. City Attorney Memorandum, dated September 10, 2010 MURRAY Ku Ii:G J.-IIi: N M Ii: ISTIi:R RIi:NAU 0 LLP ATTORNEVS AT LAW MEMORANDUM TO: Patrick Goff, City Manager City of Wheat Ridge FROM: Gerald E. Dahl, City Attorney Christopher Price DATE: September 10,2010 RE: 500 Foot Rule Concerning Liquor Licensed Establishments We were asked to conduct a survey through the municipal attorney listserv concerning whether other municipalities have modified the 500 foot rule that applies to liquor licensed establishments pursuant to C.RS. § 12-47-313(d)(I). That provision prohibits a liquor licensed establishment from being established within 500 feet of any "public or parochial school or the principal campus of any college, university, or seminary . ... " Pursuant to C.RS. § 12-47-313(d)(III), the City, by Council ordinance or Liquor Authority rule or regulation, may limit the application of the 500 foot rule to any class of license, any type of school or some combination thereof. The City may also modify the rule by reducing the distance in its application to a class of license or type of school. Summary of Responses: Our inquiry returned a few responses that can be summarized as follows: Municipality Types of License Boulder Hotel/Restaurant Boulder Hotel/Restaurant Canyon City Hotel/Restaurant Denver Hotel/Restaurant & Brew Pub Fort Collins All but Retail Liquor Stores Glenwood Springs All Idaho Springs Hotel/Restaurant & Brew Pub Ignacio All Types of Schools University of Colorado Boulder High School All College Campuses Only properties owned for the benefit of Colorado State University All Elementary Schools All 1 Attachment 1 Reductionl Elimination Elimination Reduction to 400 feet Elimination Elimination Elimination Elimination Reduction to 175 feet Reduction to 300 feet How Adopted Ordinance Ordinance Ordinance Licensing Authority Rule Ordinance Ordinance Ordinance Ordinance I Lyons I All I All I Elimination I Ordinance Detailed Responses: More detailed responses are below and include citation to the specific provisions where available. Boulder: The City of Boulder has adopted an ordinance that eliminates the application of the 500 foot rule to hotel and restaurant licensed facilities in relation to the University of Colorado campus and reduced the distance to 400 feet for hotel and restaurant licensed facilities in relation to the Boulder High School campus. The reduction in relation to the Boulder High School campus includes other limitations regarding the size of the licensed facilities. Except as modified, the 500 foot rule applies in all other circumstances. 4-2-4 State Law Procedures Apply. (a) Provisions of the Colorado Liquor Code and the Colorado Beer Code governing procedures for applications, hearing, and decisions for state liquor or fermented malt beverages apply for city licenses. (1) The principal campus of the University of Colorado is eliminated from the application of the five hundred foot distance requirement of subparagraph 12-47-313(1 )(d)(I), C.R.S., for hotel-restaurant liquor licenses only. For the purposes of this section, the principal campus is defined as the area generally circumscribed by Broadway Street on the west; Baseline Road on the south; 28th Street, Colorado Avenue and Folsom Street on the east; and Boulder Creek, 17'h Street and University Avenue on the north. (2) The five hundred-foot distance restrictions of subparagraph 12-47-313(1)(d)(I), C.R.S. as it applies to the principal campus of Boulder High School shall be changed to four hundred feet for hotel-restaurant liquor licenses only. In addition, the distance change shall only apply to establishments with full kitchen facilities, with seating capacity not to exceed thirty-five and with a square footage not to exceed 1,200 square feet. Canyon City: The City of Canyon City has adopted an ordinance that eliminates the application of the 500 foot rule to hotel and restaurant licensed facilities in relation to any type of school. The ordinance was not codified. Except as modified, the 500 foot rule applies in all other circumstances. Denver: Under the City and County of Denver's Charter, the Director of Excise and Licensing is responsible for making rules concerning liquor licensing. The Director has adopted rules excluding the application of the 500 foot rule to hotel and restaurant or brew pub licensed facilities in relation to college campuses. A college campus includes any K-12 2 school that operates on the campus. Except as modified, the 500 foot rule applies in all other circumstances. A copy of the rules was not provided and cannot be located. Fort Collins: The City of Fort Collins has adopted an ordinance that eliminates the application of the 500 foot rule to all types of liquor licensed facilities except retail liquor stores and liquorlicensed drugstores and only in relation to "properties that are owned by the State Board of Agriculture for the benefit and use of Colorado State University." Except as modified, the 500 foot rule applies in all other circumstances. Sec. 3-85. Distance restrictions. The distance restrictions imposed by Section 12-47-313(d)(I), C.R.S., prohibiting the sale of malt, vinous or spirituous liquor within five hundred (500) feet of the principal campus of any college or university, are eliminated for any class of retail license except the retail liquor store license and the liquor-licensed drugstore license, but only with respect to the distance between the proposed licensed premises and the properties owned by the State Board of Agriculture for the benefit and use of Colorado State University. Except as said distance restrictions are hereby eliminated with respect to properties of Colorado State University, said distance restrictions shall continue in full force and effect as they pertain to any other public or parochial school or the principal campus of any other college, university or seminary. Glenwood Springs: The City of Glenwood Springs has adopted an ordinance that eliminates the application of the 500 foot rule to all types of liquor licensed facilities in relation to any type of school. 050.060.041 Alcoholic beverage licenses, elimination of 500-foot rule. Pursuant to the provisions of Section 12-47-313, C. R. S., the City hereby eliminates the five-hundred-foot requirement from any public or parochial school or the principal campus of any college, university or seminary. 3 Idaho Springs: The City of Idaho Springs has adopted an ordinance that modifies the 500 foot rule by reducing the distance to 175 feet. The modification only applies to hotel and restaurant and brew pub licensed facilities in relation to elementary schools. Except as modified, the 500 foot rule applies in all other circumstances. Sec. 9-35. Hotel Rnd restaurRnt Iicellse restrictions. The distance restriction with regard to elementary schools is reduced as follows: (1) The distance restrictions for hotel and restaurant licenses only, and ollly with regard to elementary schools, shall be reduced to one hundred seventy-five (175) feet; and (2) The distance is to be computed by direct measlII'ement from the nearest propelty line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access, measured as a person would walk safely and prolJerly, without trespassing, with right angles at crossings and with the observance oftraffic regulations and lights. Ignacio: The Town of Ignacio has adopted an ordinance that modifies the 500 foot rule by reducing the distance to 300 feet. The modification applies to all types of liquor licensed facilities in relation to any type of school. A copy of the ordinance was unavailable. Lyons: The Town of Lyons has adopted an ordinance that eliminates the application of the 500 foot rule to all types of liquor licensed facilities in relation to any type of school. A copy of the ordinance was unavailable. 4 .. City of SERVICES TO: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City Council Patrick Goff, City Manager September 20, 2010 City Council Rules of Order and Procedure Mayor Pro Tern Davis Reinhart would like to initiate a Council discussion of the Rules of Order and Procedure, specifically addressing the following points: • Council members responding directly to citizens during the right to speak portion of regular Council meetings • Outside testimony from citizens during Council Study Sessions Copies of the current Rules of Order and Procedure are attached. ATTACHMENT 1. Rules of Order and Procedure for the City Council WheatRL.-dge RULES OF ORDER AND PROCEDURE CITY COUNCIL WHEAT RIDGE, COLORADO Attachment 1 TABLE OF CONTENTS AUTHORITY ............................................................................................................ 3 GENERAL RULES .............................................. ...................................................... 3-4 ABSENCE FROM MEETINGS ............................................................................. 3 RIGHT OF FLOOR ....................... .................................................................... 3 ELECTED OFFICIALS' MATTERS ....................................................................... 4 CITY ATTORNEY ............................................................................................ 4 CITY CLERK ............................................................................................. ..... 4 PARLIAMENTARIAN ........................................................................................ 4 TYPES OF MEETINGS .................................................................. .......................... 4-6 BUSINESS MEETINGS .................................................................................... 5 ADJOURNED MEETINGS ............................................ ...................................... 5 EXECUTIVE SESSIONS ................................................................................ 5-6 INFORMAL MEETINGS .................................... ................................................ 6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................ ................ 6 CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES .................................................... 6-7 CHAIRMAN ......................................................................... ........................... 6 MAYOR PRO TEM ........................................................................................ 6-7 PRESERVATION OF ORDER ........................................ ..................................... 7 POINT OF ORDER .......................................................................................... 7 ORDER OF BUSINESS AND THE AGENDA .................. ............................................. 7-10 ORDER OF BUSINESS ..................................................................................... 7 AGENDA ................................... .................................................................... 8 AGENDA ITEMS ............................................................................................. 9 PUBLIC HEARINGS ......................................................................................... 9 ORDINANCES ON FIRST READING ................................................................... 9 TIME OF ADJOURNMENT ............................................................................... 10 ORDINANCES, RESOLUTIONS, AND MOTIONS ................................................. 10 RECONDIDERATION ................................................................................ 10 CITY ATTORNEY TO APPROVE ................................................................... 10 CITIZENS' RIGHTS ................................................. : ............................................... 11 CITIZENS' RIGHT TO SPEAK ................................................... ...................... 11 CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS ............................................. 11 WRITTEN COMMUNICATIONS ............................................................ ............ 11 SUSPENSION AND AMENDMENT OF THESE RULES ................................................ 11-12 SUSPENSION OF RULES .................................................................... ........... 11 AMENDMENT OF RULES ................................................................................ 12 REVIEW .......................................................................... ............................ 12 APPROPRIATIONS .................................................................................................. 12 12 2 RULES OF ORDER AND ROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question . 2. Speakers shall confine themselves to the question under discussion . All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote . 4. Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will be included in the time and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to speak more than once upon anyone agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 7. In the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3 C. ELECTED OFFICIALS' MATTERS: This is the t ime that elected officials and staff may make comments on any subject. Time limit per elected official and staff wil l be five (5) minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. CITY CLERK: The City Clerk, or designated representative, shall attend all meet ings of Council and shall keep the official minutes. F. PARLIAMENTARIAN: 1. The Mayor Pro Tem shall also function as the Council Parliamentarian . 2. The Parliamentarian shall advise the Chair and members of Counci l on parliamentary rules. TYPES OF MEETINGS A. BUSINESS MEETINGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified . 2. Council Business Meetings are held the second (2nd ) and fourth (4th) Monday of each month at 7: 00 PM unless otherwise specified . 3. Study Sessions are the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted . Consensus votes during all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. 4 B. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. C. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. D. INFORMAL MEETINGS: 1. Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topiCS. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 4. In no event, shall any vote or other action or decision be taken. This Rule (D) (4) shall not apply to standing Council Committees. 5 5 All Meetings shall be open to members of the public and the press. E. ATIENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including , without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other orga nizations or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., CR.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule F. CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES A. CHAIRMAN: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year, the Council shall nominate by paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. 2. If presiding, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tem shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 6 4. The Mayor Pro Tem shall arrange for, and coordinate the ori entat ion of all newly elected officia ls wIthi n two months after the election . C. PRESERVATION OF ORDER: The Chairman shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the majority opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chairman shall determine all Points of Order, subj ect to t he rights of any Council Member to appeal to the Council. ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in regular Counci l Business Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT 7 B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior to the Monday of Council Meetings. In the event of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5: 00 p. m. on that day in order to be included in the Council packet. 5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED IN THE AGENDA. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8 C. AGENDA ITEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. City Council Meeting, either by Council Members or City Manager, these items can be requested for scheduling under the elected officials portion of the agenda. 4. City Manager -administrative and operational items. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. 9 F. TIME OF ADJOURNMENT At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by 3/4 majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. 3. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 4. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 5. A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE: All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. 10 CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK : 1. Any person may speak for a maximum of three (3 ) minutes on any item other than Agenda items. 2. Speakers must sign the Public Comment Roster. 3. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies. 4. There shall be no restriction on the number of citizens who wish to speak. 5. The content of any speaker's comments cannot be censored . 6. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 7. The Chair will entertain no written comments unless a member of the public is present to read them into the record . A Council Member may read written comments into the record with t he approval of the majority of the Council present. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring to speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There shall be no time limit applied. C. WRITIEN COMMUNICATIONS : All written communications to Council must be signed. If not signed, the written communications may not be accepted. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4) majority vote of Council Members present. 11 B. AMENDMENT OF RULES: These Rules may be amended , or new Rules adopted by a maj onty vote of Council Members, provided that the proposed amendmerts or new Rules shall have been submitted in writing to Council at a preceding meeting . C. REVIEW: These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council may review these Rules at any time upon request of any member of Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matt ers. Updated January , 2010 12