HomeMy WebLinkAboutStudy Session Agenda Packet 02-01-16MEETING CANCELED DUE TO WEATHER
STUDY SESSION AGENDA
CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
February 1, 2016
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, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
Citizen Comment on Agenda Items
1. Staff Report(s)
2. Elected Officials’ Report(s)
3. Annual Legislative Forum
4. Update on Cre8 your 38 process
5. Review of Council Rules
ADJOURNMENT
• I • ..... • City of ~Wheat~dge _?'()ntu or TH£ C11Y MANA<JER
TO:
THROUGH :
FROM:
DATE:
SUBJ ECT:
Memorandum
Mayor and Mcrnbers of City Council
Patrick Gotf, City Manager~
Heather Geyer, Administrative Services Director
Carly Lorentz, Managerncnt Analyst
February I. 2016
Study Session, Feb. I -2016 Annual Legislative Forum
Enclosed for your review are materials for the upcoming 2016 Legislative Forum scheduled for
Monday, February I , 2016 at City Hall in the City Council Chambers. The Legislative Agenda
document is a high level policy document meant to indicate the City's overall legislative
priorities and provide direction to the Council, CML legislative policy committee members and
staff during the legislative session. The Legislative Issues Guide is provided as a quick reference
tool to help both Council Members and state officials understand the current issues that are
important to the City and the position the City has taken on those issues.
Dinner will be served at 6:00p.m. and the forum will start shortly thereafter. Both Senator Cheri
Jahn and Representative Jessie Danielson have confirmed their attendance. The Legislative
Forum is an opportunity for our elected officials to discuss their legislative priorities, current
legislation and Wheat Ridge positions/priorities for the session.
A dinner buffet will be provided by Food for Thought.
If you have any questions, please do not hesitate to contact rne at303.235.2867.
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City of Wheat Ridge Annual Legislative Forum Agenda
February 1, 2016
Wheat Ridge City Hall Council Chambers
6 p.m.
Dinner will be served
Welcome: Mayor Joyce Jay
Introductions
Councilmembers Monica Duran and Zachary Urban
CML Policy Committee
6:20 p.m. - 7 p.m.
2016 Legislative Session Preview:
Senator Cheri Jahn
Representative Jessie Danielson
Discussion of Priority Legislative Issues:
-Open Records
-Taxation
-Urban Renewal
Closing Remarks:
Mayor Joyce Jay
"Keeping Local Control Local and Home Rule At Home"
2016 Legislative Agenda
Table of Contents
ELECTED OFFICALS
WHEAT RIDGE COMMUNITY PROFILE
WHEAT RIDGE FIVE-YEAR GOALS
WHEAT RIDGE STRATEGIC PRIORITIES
LEGISLATIVE TOPICS
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2016 Legislative Agenda
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Wheat Ridge Elected Officials
Mayor Joyce Jay
303-420-8533
jjay@ci.wheatridge.co.us
Monica Duran, District I
720-312-0583
mduran@ci.wheatridge.co.us
Zachary Urban, District II
720-252-5930
zu rban@ci .wheatridge .co. us
Tim Fitzgerald, District Ill
720-360-0871
tfitzgerald@ci. wheatridge .co.us
Larry Mathews, District IV
303-396-5201
lmathews@ci.wheatridge.co.us
Janelle Shaver
City Clerk
303-235-2823
jshaver@ci. wheatridge .co. us
Janeece Hoppe, District I
720-556-9425
jhoppe@ci.wheatridge.co.us
Kristi Davis, District II
303-757-8488
kdavis@ci.wheatiridge.co.us
George Pond, District Ill
303-880-8729
gpond@ci.wheatiridge.co.us
Genevieve Wooden, District IV
303-204-9504
gwooden@ci.wheatridge.co.us
Jerry DiTullio
City Treasurer
303-231-1392
jeditullio@ci.wheatridge.co.us
State Elected Officials
State Rep., District 24
Jessie Danielson
303-866-5522
jessie.danielson.house@state.co.us
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State Senator, District 20
Cheri Jahn
303-866-4856
cheri.jahn.senate@state.co.us
2016 Legislative Agenda
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Wheat Ridge Community Profile
Vital Statistics
Date of Incorporation August 20, 1969
Form of Government Council -Manager
Total land Area 9.5 Square Miles ··-
Wheat Metro
Ridge Denver
Population , .. ~ -' 30,365 2,763,317
Employment 14,925 1,433,095
Median Age 42 38
Percent of Housing Built 86% 48% Prior to 1980
Average Annual Wage $62,336 $82,986
Median Household $48,777 $52,360 Income
Poverty Rate -,. 9% 19%
Population with Post-28% 41% Secondary Degrees
Percent of Population ·:-t-with High School Diploma 27% 21%
i Only
Population by Age of Residents
20.0% 15.0% 10.0% 5.0% 0.0% 5.0% 10.0% 15.0% 20.0%
• Female • Male
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Data provldl'd by ORCOG
D.lt.ll O.sclaimer: Tht dat.ll tn thiS report are
compll!'d from multiple ~ourres and are inte-ndt'd
for lnlormahonal purpo~l'S ootv. ORCOG and
Whrat Ridge a~ml'~ no rP~pon:.ibihtv or legal
habihiV for the accuracy, complt'leness ot
useluln~s of anv InformatiOn In this report
2016 Legislative Agenda
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Wheat Ridge Community Profile
Housing Statist ics
Wheat Ridge Metro
Denver
Households 13,847 1,093,193
Housing Types
Avg. Household Size 2.15 2.47
Percent of 44% 31% Multifamily
Home Ownership 57% 69%
Rented Vacancy 6% 6% Rate • Single Family • Married with Children
Married no Children • Single Parent
• Other Non Family 65+ Living Along
City Government Statistics
Resources
Number of Employees
Full-time/Part-time 227.265
Benefited 289
Part-time 121
Seasonal
Police Protection
Number of Uniformed
Officers 75
Full-time
Number of Patrol Units 24
Facilities
Public Works Shop 1
Recreation Centers 2
Active Adult Center 1
Pools 2
Parks 24
Lakes 5
Open Space 274 acres
Multi-use Trails 7+ miles
Sports Fields 46
Historic Properties 3
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Wheat Ridge Community Profile
Community Statistics
Fire Districts 4
Water Districts 6
Sanitation Districts 7
Cable Television
Providers
Comcast 3
Direct TV
Dish Network
Public Schools
Elementary Schools 7
Secondary Schools 3
High Schools 1
Major Employers Exempla lutheran Health Care
Jefferson County Forecasted
Population Growth by Age
:!
P~1!1 &~r (%)
-flip 2{!. 5{!('!l)
-Po9 5{l &~(%)
lalatP~Cttange ("'I
Rocky Mountain Bottling Company
lifeloc Technologies
Reglera
Applejack Liquor
Qdoba Restaurants
Source Office Products
Metro Community Provider
Network
Occupation by Industry
Nal R11011r01 & CO"IIirllttlon
B~tlneu S~:-ce & Mt
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~beat Ridge
;:::; ReiJtan
City of Wheat Ridge Five-Year Goals
Economically Viable Commercial Areas
Financially Sound City Providing Exceptional Service
Choice of Desirable Neighborhoods
More Attractive Wheat Ridge
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2014/2015
Strategic Priorities
Action Agenda
Revenue Enhancement
Engage Development/Redevelopment Opportunities
Community/Neighborhood Building
38th Avenue Corridor Implementation
Code Enforcement
Multi-modal Transportation
Targeted Housing Incentive Policies
The priorities in the Action Agenda above are developed in cooperation with
staff and City Council annually. Each of these items is reviewed quarterly by
the City Council to provide updates and to monitor the status of each priority.
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2016 Legislative Agenda ~of Wlieat~e
LEGISLATIVE TOPICS
These topics are in alphabetical order and the order of the list does not reflect
prioritization by the City.
POLICY TOPIC Page No.
Consolidation of Governments 9
Economic Development 9
Education 9
Electric and Natural Gas Services 10
Energy 10
Environment 11
Housing 11
Human Rights 12
Initiative Reform 12
Intergovernmental Cooperation 12
Land Use and Municipal Development 12
Local Control and Municipal Home Rule 13
Local Tax Authority 14
Lottery 14
Police, Fire and other Pension and
Employee Benefits 15
Postal Service 15
Privatization 15
Public Employment 15
Public Liability 15
Public Safety and Court Operations 16
Purchasing 16
State and Federal Mandates 16
State Fiscal Fair Play 17
Telecommunications 18
Transportation 18
Water 19
Youth 20
NOTE: Legislative priorities can change throughout the legislative session
depending on the types of bills that are actually introduced. This list was
developed p rior to the 2016/egis/ative session and has been updated as
needed.
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Consolidation of Governments
The City of Wheat Ridge supports voluntary consolidation of local government entities and
services by mutual agreement.
Economic Development
Economic development in Wheat Ridge is not only about attracting new businesses, but
more importantly, ensuring that existing businesses have the resources they need to
thrive! Robust economic development activities help create jobs, support local spending
and contribute to the overall health of the Wheat Ridge community by supporting the
programs and services the City provides.
Message to State Officials
The City of Wheat Ridge believes strong economic development will result from a
combination of national, state and local efforts. We request that our elected officials
support legislation that will promote economic activities throughout Colorado.
Request to State Officials
• Support local government activities promoting economic development.
• Support comprehensive efforts among state and local governments and the private
sector to establish an effective tourism promotion program.
• Support adequate funds and staff for a strong, multifaceted program to promote the
economic vitality of Colorado. This program should encourage the diversification
and expansion of local economies, including support for existing business, creation
of new jobs and promotion of tourism. The program should be closely coordinated
with local governments and the state should never promote a specific economic
development project against the wishes of the community or communities most
directly affected by the project.
• Oppose unreasonable restrictions on urban renewal authorities.
Education
The City of Wheat Ridge believes an effective education system supplies our community
with an educated and well-trained workforce who will both allow existing businesses to
expand and attract new business investment. The most effective programs are those
partnerships among our educational institutions, local stakeholders, and local
governments. Due to its importance to our communities, the City supports education as a
community-wide value.
Message to State Officials
As a community-wide value we ask that legislators support all levels of education to ensure
Colorado residents can compete for the jobs of the future.
Request to State Officials
• Support state and local policies and initiatives that encourage greater early
learning, K-12, higher education, workforce training opportunities, and lifelong
learning opportunities.
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• Support access to information and resources that help parents and caregivers give
students the greatest chances to learn and grow in safe and healthy ways.
• Support state initiatives that enhance creative and innovative partnership
opportunities with businesses and educational institutions, including shared
facilities, school resource officers, and enhanced programming.
• Support funding of education in the state in a balanced manner which takes into
consideration the needs of all sectors of the economy and yet not at the expense of
municipal revenues.
Electric and Natural Gas Services
As a member of the Colorado Municipal League the City of Wheat Ridge supports its sister
communities with the following positions:
• Opposes federal or state restrictions that would limit the ability of municipalities to
create new municipally owned utilities.
• Opposes federal restrictions that would dictate territorial service areas or restrict
the ability of municipally owned utilities to service customers within their
municipalities, including newly annexed areas.
• Opposes federal legislation requiring states to implement retail competition.
• Opposes federal or state restructuring of the electric or natural gas industry if such
restructuring restricts municipal authority to regulate the use of rights-of-way and to
franchise and tax utilities and services, interferes with services provided by
municipally owned utilities, fails to protect interests of all consumer classes or
sacrifices environmental and social objectives protected under existing regulatory
policies.
• Opposes efforts to prevent municipalities from extending utility services to newly
annexed areas, or providing utility services to customers in unincorporated county
properties adjacent to the municipality.
Energy
The City of Wheat Ridge is an environmentally minded community that recognizes several
compelling reasons for developing a comprehensive energy policy. Energy conservation
saves dollars; energy conservation and renewable energy production creates jobs and
supports local economic development efforts; energy conservation reduces our nation's
dependence upon foreign oil and improves our energy security; and that municipalities are
often in a position to lead by example.
Message to State Officials
Support the ability of municipalities to access alternative energy resources in a cost-
effective manner. Use municipalities as a resource to provide education and access to
information that advocates the economic and environmental benefits of increased energy
efficiency to our residents.
Request to State Officials
• Support the development of a balanced, long-term statewide energy plan with an
overall goal of reducing greenhouse gas emissions through a mix of non-renewable
fossil fuels, renewable energy sources, and energy efficiency and conservation
programs.
• Support the creation and expansion of statewide goals that provide targets and
incentives for the implementation of renewable energy strategies.
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• Support municipal efforts to assess energy efficiency opportunities in their own
operations and in their communities as a whole ; setting energy efficiency targets;
and creating local action plans.
• Support retrofitting municipal facilities with energy efficient technologies; policies
that enhance municipal energy conservation; and programs that promote the
generation of alternative energy sources.
• Support collaboration between appropriate state and local agencies to educate
municipalities on the use of energy efficient building codes.
Environment
The City of Wheat Ridge is an environmentally minded community that strives to manage
all of its resources in a responsible manner with a focus on the long-term environmental,
economic and social well-being of the City and staff.
Message to State Officials
The City of Wheat Ridge supports efforts at the state and federal level to provide
assistance to municipalities to address environmental issues. Unfunded mandates to
address environmental issues further diminish the City's ability to fulfill local needs and
priorities.
Request to State Officials
• Support relief for municipalities from the burden of Superfund (CERCLA)
requirements and application of a reasonable municipal settlement policy by the
Environmental Protection Agency.
• Support federal and state programs that encourage cleanup and reuse of
brownfield properties.
• Support full federal funding for cleanup of contaminated federally owned or
managed sites, such as Rocky Flats.
• Oppose increases in the proportion of municipal cash funding support for state
environmental programs.
• Oppose state preemption of local government authority to adopt environmental
ordinances.
Housing
The City of Wheat Ridge recognizes that availability and affordability of decent housing is
an important concern to Colorado's municipalities.
Message to State Officials
Support legislation that encourages adequate supplies of good housing, regardless of
income level, and continued public-and-private-sector support for such an effort.
Request to State Officials
• Support maintaining financial assistance and programs from the federal
government for housing needs of low and moderate income families.
• Support state financial support for the Division of Housing's loan and grant program
for low and moderate income housing.
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2016 Legislative Agenda ~of WlieatR.i9ge
• Support the continued efforts of the Colorado Housing Finance Authority to work
with municipalities on the Authority's various housing loan programs.
• Support the preservation, revitalization and redevelopment of existing
neighborhoods.
• Support public and private financial assistance programs to address the needs of
the homeless.
• Support programs that involve municipalities in addressing foreclosures.
Human Rights
As a member of the Colorado Municipal League the City of Wheat Ridge supports
programs that protect the rights and dignity of the individual and encourages programs that
address such issues as employment. housing, health care, substance abuse and equal
opportunity.
Initiative Reform
The City of Wheat Ridge supports efforts to reform the state's initiative and referendum
procedures.
Intergovernmental Cooperation
Citizens are best served when officials of federal, state and local government (including
municipalities, counties, special districts and school districts) respect the roles of each
entity and work toward common solutions.
Message to State Officials
Support increased dialogue and cooperation among federal, state and local officials and
the development of cooperative intergovernmental solutions to common problems.
Land Use and Municipal Development
The League supports local control and determination of local land use issues. In general,
the League supports state laws and policies that encourage new residential, commercial
and industrial development to occur within existing municipalities and that discourage the
sprawl of urban, suburban or exurban development into rural and unincorporated areas of
the state.
Message to State Officials
Support legislation that preserves local control and determination of local land use issues.
Request to State Officials
• Support prohibition of the incorporation of new cities and towns adjacent to, or
within the service areas of, existing municipalities.
• Support increased municipal and, within unincorporated areas, county controls over
the formation of special districts, placing additional limitations on the powers
exercised by such districts and, where practicable, providing for the dissolution or
phasing out of special districts.
• Support appropriate efforts to permit application and enforcement of municipal
ordinances, such as building codes, fire codes, subdivision regulations and zoning
ordinances, to buildings and improvements proposed to be constructed by
government entities.
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• Support municipal discretion concerning the imposition of development fees and
requirements.
• Support the clear authority of municipalities to collect an impact fee for schools.
• Support financial and technical assistance to municipal governments in the areas of
planning and land use.
• Support municipalities, when appropriate, in utilizing sub-local governments
(neighborhood, nonprofit, and civic organizations and homeowners' associations) in
developing and implementing solutions to specific localized issues.
• Encourage measures that promote intergovernmental cooperation on land use
issues.
• Encourage coordination of land use and transportation planning.
• Encourage municipalities when using tax increment financing to promote
communication and intergovernmental cooperation with affected local
governments.
• Generally, oppose efforts to restrict municipal authority to annex territory.
• Oppose delegation of municipal land use authority to state agencies or preemption
of municipal land use controls.
• Oppose federal or state restrictions, beyond those constitutional restrictions that
have been defined by recent Supreme Court decisions, on the ability of federal,
state or local governments to regulate private property or to exercise the power of
condemnation for the benefit of public health, safety and welfare ..
• Oppose unreasonable restrictions on urban renewal authorities.
Local Control and Municipal Home Rule
In order to consider local conditions and address local desires, community issues and
needs should be addressed locally. State and federal government interference can
undermine home rule and local control.
Message to State Officials
The City of Wheat Ridge asks its representatives to oppose legislation that would allow for
state and federal interference into local decisions.
Request to State Officials
• Oppose state and federal government interference which can undermine home rule
and local control.
• State officials should consult with municipalities in order to understand the impacts
of legislation that limits local control.
• Urge state officials to respect Colorado's tradition of local control and allow
municipal officials to address local problems without interference from the state and
federal government.
• Urge congress and the executive branch to respect the roles and responsibilities of
states and local governments and similarly urges state officials to avoid preempting
local authority.
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2016 Legislative Agenda
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• Support state enabling legislation that provides municipalities with authority and
flexibility to address local needs.
• Recognize the desire of the citizens statewide and in many local communities, with
adoption of a constitutional amendment in 1902 and expanded amendments
approved in 1912 and 1970, to establish municipal home rule and oppose state
action that attempts to weaken home rule authority and flexibility.
• Support the continuation of Executive Order 5 as a tool for collaboration among
state and local officials.
Local Tax Authority
The City of Wheat Ridge's primary revenue source is local sales and use taxes. Statewide,
municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales
and use taxes have enabled municipalities to fund public services and improvements and
keep municipal property taxes relatively low. Appropriate actions at federal, state and local
levels should preserve or enhance these local revenues.
Message to State Officials
Changes made at the statehouse to the overall sales tax base directly affect municipalities.
Oppose legislation that undermines local tax authority.
Request to State Officials
• Support retention of authority for all municipalities to set local tax rates and for
home rule municipalities to collect their own taxes and determine their own tax
bases.
• Support broadening the state sales and use tax base.
• Support appropriate legislation or court action allowing state and local governments
to require businesses to collect state and local sales and use taxes on remote
sales.
• Support cooperative efforts among municipalities to standardize municipal sales
and use tax practices and utilization of technology for the convenience of
taxpayers, the business community, and municipalities.
• Oppose further reductions in the state and local sales and use tax base.
• Oppose legislation that would preempt the authority of state and local governments
to apply their sales and use taxes to remote sales.
Lottery
The City of Wheat Ridge supports preserving all lottery proceeds for park, recreation, open
space and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by
Colorado voters in 1992. Lottery funding has played a critical role in supporting local
parks, recreation and open space developments in Wheat Ridge.
Message to State Officials
• Oppose legislation that would change the current allocation of lottery proceeds.
Request to State Officials
• Support the protection of the current lottery system.
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Police, Fire and Other Pension and Employee Benefits
The City of Wheat Ridge:
• Supports continuation of state matching funds to assist in retiring unfunded
liabilities that accrued under the old police and fire pension plans.
• Supports equitable levels of state funding for volunteer firefighters' pensions.
• Opposes mandates that increase the cost of or create inequities among municipal
employee pension, workers' compensation or other employee benefits.
• Opposes mandated Social Security or Medicare coverage for public employees,
mandated benefrt levels or funding standards for municipal employee pension
plans, or other unreasonable burdens or restrictions in connection with the
administration of municipal employee benefit plans.
• Opposes mandated so-called "Police Officers Bill of Rights" interfering with the
management and budget prerogatives of local governments.
Postal Service
As a member of the Colorado Municipal League the City of Wheat Ridge supports
legislation and administrative action by the United States Postal Service requiring use of
mailing addresses and ZIP codes that reflect the corporate boundaries of cities and towns
in order to eliminate confusion among citizens and businesses and to reinforce community
identities.
Privatization
As a member of the Colorado Municipal League the City of Wheat Ridge supports the use
of private-sector businesses to provide public services when detennined by municipal
officials to be in the public interest.
Public Employment
The City of Wheat Ridge opposes efforts to interfere with its ability to determine the terms
and conditions of municipal employment.
Public Liability
Because of the financial burdens caused by the increasing number of lawsuits against
municipalities and their officers and employees, the deterrent that litigation presents to
continued service by public officials and the need to assure that municipal liability does not
impair the provision of necessary services to the public.
Request to State Officials
• Support the availability of public liability insurance at reasonable costs and the
ability of municipalities to reduce such costs through self-insurance or other
reasonable means.
• Support reasonable federal limitations on and reduction in the liability for
monetary damages payable by public entities and public employees in suits
brought under federal laws.
• Support limitations on the liability of municipalities and their officers and employees.
• Oppose efforts to expand the liability of public entities and public
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Public Safety and Court Operations
Local control of services including police and courts is essential. Federal and State
agencies are an important resource to local governments and special districts in the areas
of information, coordination, training, and funding to assist in homeland security and first
responder responsibilities.
Message to State Officials
Support legislation that preserves local control of police and court services and
encourages close cooperation among all levels of government.
Request to State Officials
• Support ensuring that municipal governments retain flexibility in implementing
federal and state criminal justice programs.
• Support state-and community-based intervention, prevention and rehabilitation
programs and state initiatives that respect the key role of communities and local
government officials.
• Support local control of local emergency services and involvement of the state as a
resource to local government in the areas of information, coordination and training.
• Support state funds for those state agencies that serve as a resource to local
emergency services.
• Support close cooperation at all levels of government and increased federal funding
to assist local government homeland security and first responder responsibilities.
• Oppose state preemption of municipal authority to regulate firearms within
municipalities.
• Support ensuring that municipal governments retain flexibility in implementing
federal and state criminal justice programs.
• Support a voluntary uniform statewide fire incidence reporting program.
• Oppose imposition of state surcharges on municipal court fines for the purpose of
funding state programs.
• Oppose limitations on the authority of municipalities to enforce their own
ordinances in municipal courts.
Purchasing
The City of Wheat Ridge supports the authority of municipal officials to determine local
purchasing and contracting procedures.
State and Federal Mandates
Programs and regulations mandated by the state or federal government stretch the
financial resources of municipalities. These costs, if not paid by the state or federal
government, prevent municipalities from fulfilling local needs and priorities.
Message to State Officials
The City of Wheat Ridge opposes regulations mandated by the state and/or federal
government that stretch the financial resources of municipalities.
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Request to State Officials
• Support local government activities promoting economic development.
• Support comprehensive efforts among state and local governments and the private
sector to establish an effective tourism promotion program.
• Support adequate funds and staff for a strong, multifaceted program to promote the
economic vitality of Colorado. This program should encourage the diversification
and expansion of local economies, including support for existing businesses,
creation of new jobs and promotion of tourism. The program should be closely
coordinated with local governments and the state should never promote a specific
economic development project against the wishes of the community or
communities most directly affected by the project.
• Oppose unreasonable restrictions on urban renewal authorities.
State Fiscal Fair Play
Municipal finances are closely interrelated with state finances and policies. State
adherence to fiscal fair play policies will greatly help municipalities and their citizens.
Message to State Officials
As a home rule municipality, the City of Wheat Ridge is a fiscally conservative community
that seeks to provide a high quality of life for citizens. Therefore, Wheat Ridge asks you to
oppose legislation that undermines or negatively changes state fiscal fair play policies.
Request to State Officials
• Support appropriate action to address the state and local financial crises caused by
the interaction of various constitutional amendments and the economy.
• Support the authority of municipal officials to determine local purchasing and
contracting procedures.
• Support appropriate action to address the state and local financial crises caused by
the interaction of various constitutional amendments and the economy.
• Support continued state sharing with municipalities of equitable portions of existing
and future revenues derived from traditional state-collected, municipally-shared
sources.
• Urge the state to avoid or exercise restraint in relying on fees, charges and other
cash funding of programs that affect municipalities, especially in the areas of
technical assistance, in programs where municipal participation is mandated by
state law, and in regulatory programs that affect municipalities.
• Oppose state granted exemptions or other state actions that erode municipal sales,
use, property and other revenues unless the state provides adequate replacement
revenues.
• Oppose disproportionate cuts in state programs that benefit municipalities.
• Oppose the state utilizing local funds or requiring local governments to collect state
revenues in order to fund state programs.
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Telecommunications
The City of Wheat Ridge supports the development and deployment of new
communication technologies, state and federal policies that promote universal access,
technological innovation, competition, and the implementation of new services.
Message to State Officials
Oppose legislation that would strip municipal franchising, taxing and/or regulatory authority
over public rights-of-way and telecommunication systems.
Request to State Officials
• Support the retention of municipal regulatory authority over cable television
systems to include:
}> Be fairly compensated for use of public rights of way;
ll> Require communications service providers who use the rights of way to
obtain local permission for such use;
ll> Maintain local control of rights of way;
}> Prevent redlining or other discriminatory practices; and
ll> Ensure appropriate customer protections.
• Support affordable access to all municipalities to state-of-the-art telecommunication
and information services.
• Oppose federal or state restrictions on local control of municipal rights-of-way or on
the authority of local governments to develop or acquire their own communication
infrastructure.
• Oppose federal or state restrictions on municipal franchising, regulatory and taxing
authority over telecommunication systems.
• Oppose legislation that prohibits or restricts municipalities from offering broadband
services.
Transportation
The City of Wheat Ridge believes cooperation among the Colorado Department of
Transportation, counties, municipalities and interested stakeholders is necessary to
improve Colorado's transportation system. State transportation policies should address
the need to maintain and expand transportation options while providing management
options that will improve Colorado's transportation system.
Message to State Officials
Support legislation that encourages federal, state and local cooperation. Support
legislation that will preserve or increase funding for municipal transportation needs.
Request to State Officials
• Support increased funds to finance pressing surface transportation needs as long
as equitable portion of new revenues is returned to cities and towns.
• Support Colorado Department of Transportation assumption of street lighting and
general maintenance costs on state highways within municipalities.
• Support limitations on uoff the top" diversions from the Highway Users Tax Fund.
• Support preservation of the constitutional requirement that highway user revenues
be utilized only for highways, streets and roads.
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2016 Legislative Agenda ~of WlieatRl_dge
• Support greater flexibility and increased revenues for multi-modal systems outside
of the Highway Users Tax Fund.
• Support preservation of federal funding guarantees for transportation and allocation
of all federal transportation taxes and funds for their intended transportation
purposes.
• Support close cooperation among Colorado Department of Transportation,
counties, municipalities and interested stakeholders in improving Colorado's multi-
modal transportation system.
• Encourage a balanced state transportation policy that addresses the need to
maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and
demand management options to improve Colorado's transportation system.
Water
Because water resources are of a statewide concern, the City of Wheat Ridge:
• Supports water policies that protect Colorado water resources.
• Supports the constitutional doctrine of prior appropriation and the constitutional priority
given to domestic water use.
• Supports the inventorying and protection by municipalities of their water rights.
• Supports appropriate water conservation efforts and sustainable water resource
management practices by all users.
• Supports efforts to increase knowledge of water-related issues of concern around the
state to municipalities.
• Supports participation in statewide discussions of water use and distribution.
• Supports appropriate coordination of municipal water use with other uses
including agriculture, mineral resource development, energy development,
recreation and open space.
• Supports federal and state financial aid programs assisting municipalities, including
recognition of the special needs of smaller municipalities, with the construction and
improvement of water systems to protect water quality and to comply with federal
and state mandates.
• Supports continued federal and state funding for wastewater treatment and drinking
waterfacilities to reduce local costs and expedite construction of necessary treatment
and collection facilities.
• Supports stakeholder input and involvement in developing laws and regulations related
to water and wastewater issues.
• Supports reasonable and practical application of air and water pollution control laws
by federal and state administrative officials and encourages restraint in modifying
legislation and regulations that have a fiscal impact on municipalities. Particularly in
the area of water quality, enforcement should be correlated with the availability of
funds necessary to achieve stated goals.
• Supports adequate state regulation and enforcement of drilling and mining sites,
production facilities and waste product storage and disposal facilities; supports
19
2016 Legislative Agenda ~of \VheatR.i9ge
practices to assure citizen safety, environmental protection and the protection of
domestic water sources; and opposes state preemption of local land use and
watershed regulations.
• Encourages on-going communication by federal land managers with affected
municipalities regarding the leasing of federal lands that might impact local land use
and environmental policies including, but not limited to, local watershed ordinances.
Youth
As a member of the Colorado Municipal League the City of Wheat Ridge:
• Supports municipal and other efforts to address youth issues and needs.
• Recognizes the influence that parents in partnership with nonprofit and religious
organizations, local businesses and other governmental jurisdictions have on
the development of youth.
• Encourages utilization by public schools in cooperation with local governments
of League-published or other civics curriculum to educate students in state and
local government.
20
2016 LEGISLATIVE PRIORITIES OF CITIES & TOWNS
r-~:>CAL-cONTROL 8: HOME RULE-
The Colorado Municipal League IS a strong advocate for the state's tradition of local control and home rule, which allow cities and towns the
max1mum flexibility and discretion in municipal finance, implementation of local policy, and delivery of public services. Local control should
remain local and home rule should stay at home. Neither should be centralized at the Statehouse.
Municipal government is the cornerstone of good government in Colorado, and we value the partnership that exists with state and federal
officials The citizens who mumcipal officials represent are the same citizens who legislators represent The policies legislators enact affecting
municipalities must be implemented by municipal leaders and local taxpayers. To maintain the strength of this partnership, CML urges legislators
to consider the impacts of decisions on the municipalities in their respective districts.
SNAPSHOT OF KEY MUNICIPAL ISSUES
URBAN RENEWAL AND DOWNTOWN
DEVELOPMENT
Tax increment financing (TIF), combined
with private investment, makes
redevelopment possible. Urban renewal is
used throughout Colorado to redevelop
blighted, disadvantaged areas plagued by
challenges that make traditional
redevelopment cost prohibitive to the private
sector. TIF is used in urban renewal areas
to capture increases in property and/or
sales tax that would not have otherwise
""~urred to subsidize costly public
.Jovements within the project area.
r-1awed legislation in 2015 threatens the
future of redevelopment projects that bring
safety, productivity, and vitality to declining
areas of municipalities. It is critical in 2016
that the General Assembly restores a fair
process that does not impair existing plans
and projects, prevent new ones, and does
not expand the scope of the statute.
Downtown development authorities (DDAs)
have rehabilitated downtowns throughout
Colorado. DDAs are different than urban
renewal, and property owners have a direct
voice in how their taxes are used. The
legislature should not confuse urban
renewal with downtown development or
restrict their limited scope.
LAND USE AUTHORITY
Ensuring compatibility of land uses has
always been important to protecting
property values, personal safety, and quality
of fife. Recent pressure for more "local
control" over oil and gas activities is, in part,
a reaction to state preemption efforts. Well-
meaning water conservation efforts have led
to attempts to preempt land use decisions
that belong at the local level. Nothing is
·'>re basic to the notion of local control and
me rule than vesting the control over land
use within each community.
FISCAL FAIR PLAY
The impact of state mandates on municipal
government is a major policy concern of
many city and town leaders. CML urges
resistance to imposing responsibilities on
local governments without the financial
resources to fund such mandates. Both the
Colorado Constitution and state statutes
contain provisions prohibiting unfunded
mandates. Counties and special districts
are also expected to engage in fiscal fair
play in their relationships with municipalities.
The state should cease the practice of
taking local severance tax and federal
mineral lease revenue away from impacte<1
municipalities as a means to avoid its own
fiscal problems.
AFFORDABLE HOUSING
The availability and affordability of housing,
regardless of income, is an important issue
for Colorado municipalities, both urban and
rural. CML works to ensure continued public
and private sector support, as well as
increased state and federal financial
assistance. The League supports programs
to address homeiessness, as well as the
preservation, revitalization, and
redevelopment of existing neighborhoods.
LOCAL TAX AUTHORITY
Sales and use taxes are critlcal to Colorado
municipalities.
On average, more than 70 percent of
municipal tax revenues are derived from
sales and use taxes. In general, statutory
cities and towns tax, and exempt from tax,
the same things as the state. However,
when the state gives a tax break, regardless
of intent, it can adversely affect local
revenues as well as state revenues.
More than 100 such exemptions to the state
sales and use tax base have been enacted
since 1975. There also have been
proposals in the General Assembly to alter
the property tax base, most notably by
eliminating the business personal property
tax. Any exemptions like this must be "back-
filled" by the state, otherwise local
government tax revenues will be reduced
significantly.
SUSTAINABIUTY
Many cities and towns lead by e.xample on
energy and water conservation programs
without the heavy hand of state mandates.
MuniCipalities enjoy a strong partnership on
water and energy conservation issues with
the state, including a robust relationship
with the Colorado Energy Office. The best
results occur when the General Assembly
assists the further development of
appropriate sustainability effort.s at both the
urban and rural levels.
TRANSPORTATION AND
INFRASTRUCTURE
Colorado's transportation system of
roadways and transit is a state and local
networi< vital to Colorado's future. Municipal
officials support increased state
transportation funding that includes the
return of an equitable portion of new
revenue to cities, towns, and counties.
Local water and wastewater treatment and
distribution Infrastructure requires
continuous, substantial investment that is
difficult for economically disadvantaged
communities. Municipal officials support a
shared state and local partnership for
funding required improvements for clean
water and safe drinking water.
PUBLIC SAFETY
It Is important to keep local control of
emergency services, including employment
matters. The state is a valuable resource for
information, coordination, and training. CML
supports partnerships across all levels of
government and increased federal funding
to assist local governments' homeland
security and first responder duties.
ENERGY IMPACTS AND ECONOMY
Cities and towns deal with the impacts of
energy development and receive invaluable
help from the Department of Local Affairs,
demonstrating a strong partnership between
the state and municipalities. Municipalities
seek to minimize conflict with the energy
industry that plays an important role in the
state and local economies, while not
reducing any existing local authority.
CML
THE VOICE OF COLORADO CITIES & TOWNS
The Colorado Municipal League (CML) is a nonprofit, nonpartisan organization that has served and represented Colorado's
cities and towns since 1923. As such, CML is a reliable source of information about legislative issues and their impact on
Colorado's cities and towns and their residents.
268 cities and towns are members of the League, and policies are determined by members
though the CML Policy Committee and the CML Executive Board .
FOR MORE INFORMATION
COLORADO MUNICIPAL LEAGUE
1144 Sherman Street. Denver. CO 80203
(p) 303-831-6411 /866-578-0936 . (f) 303-860-8175
wwwcml.org
QUESTIONS ABOUT MUNICIPAL POLICY?
CML employs four full-time advocates to assist in development and communication of
policies. They closely watch proposed legislation and work with legislators to understand
municipal impacts.
KEVIN BOMMER
Deputy Director
kbommer@cml org
MEGHAN DOLLAR
Legislative & Policy Advocate
mdollar@cml org
DIANNE CRISWELL
Legislative & Policy Advocate
dcriswell@cml.org
GEOFF WILSON
General Counsel
gwilson@cml.org
(
HB 16-1069 CML
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS
AFFORDABLE HOUSING
LOCAL CONTROL FOR SETTING HOUSING COMMISSIONER TERMS
HB 16-1069-YOUR "YES" VOTE RESPECTFULLY REQUESTED
Background:
Currently, in C .R.S. 29-4-205, the term to serve on a municipal housing authority is five years.
Most small community members find the time commitment daunting and choose not to serve on
housing authorities. As a result, small communities have extensive difficulty finding participants
to serve on these boards that have the important role of developing and working with the private
sector to create affordable housing.
What HB 16-1069 does:
HB 16-1069 allows municipalities to set the term lengths for municipal housing authority members
via resolution. If they chose not to set a term length, the term length of the municipal housing
authority commissioners will remain at five years.
By passing HB 16-1069, a small town or county will have the opportunity to lower the term
for commissioners in order to motivate more participation on local housing authorities.
Therefore small towns can put appropriate resources to affordable housing.
January 21, 2016
For more information, contact Meghan Dollar, legislative & policy advocate, at 303-831-6411 or mdollar@cml.org.
0
JCMLl
BUILDING AS TRONG PARniERSHIP WI~ COLORADO'S CITIES AND TOWNS
Position: Support
Lobbyist: Kev1r. Bomm~r
Updated 1/22/2016
Workers' Compensation: PTSD for Emergency Responders
Rep. Singer recently held a stakeholder meeting to discuss a proposed draft of legislation that looks very
much like problematic legislation from 2014 that was turned into a study process. The legislation would
make changes to the workers' compensation laws 1n Colorado by specifically identifying PTSD and
treating somewhat differently than other covered occupational diseases. What has been concerning to
employers is the focus on workers compensation as a vehicle for dealing with this very serious and real
occupational disease. Based on state statistics coming out of the Division of Workers Compensation,
there does not appear to be a problem in the statutes that is preventing acceptance of claims and
treatment and there is concern that a lot of effort to change the statute may have no effect on reducing
PTSD or treating the condition sooner and more effectively, but will increase the costs of workers
compensation insurance to employers and taxpayers. We already know that presumptive eligibility for
cancer in firefighters dramatically Increased insurance costs without any change in the speed of treatment
to employees, given how long the claims process takes . Firefighters recognize this and have
contemplated allow1ng the statutes to roll back a b1t wh1le looking at solut1ons outside of workers
compensation. There will be continued stakeholder discussions.
Bill: PTSD for Emergency Responders
Sponsors: Rep. Jonathan Singer, 0-Longmont
Status: Not yet introduced
Lobbyist: Kev1n Bommer
Updated 1/22/2016
18
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS
o Transportation: Repealing $15 million of FASTER Fee Revenue for
Transit
FASTER Fees were created m 2009 to provide additional resources for state and local transportation by
increasing revenue deposited into the state Highway User Tax Fund, wh1ch is divided by a statutory
formula between the state, counties, and municipalihes. As part of the FASTER Fee Act, the statutory
formula was changed to set aside certain amounts for transit related projects: $10 million of state
revenues, $2.75 million from counties. and $2.25 mill1on from municipalities. The state resources were
requ1red to be used for trans1t plann1ng and projects. The local resources, $5 m111ion total, was to be
allocated to counties and municipalities 1n a grant program. SB16-011 repeals these requirements.
Bill: SB 16-011 , Repealing $15 m1ll1on of FASTER Fee Revenue for Transit
Sponsors: Sen Tim Neville, R-L1ttleton; Sen Vick1 Marble, R-Fort Collms; Rep Patnck Neville, R-Castle
Rock; Rep Stephen Humphrey, R-Severance; Rep. Kim Ransom, R ·Uttleton; Rep. Lon Sa1ne, R-Dacano
Status : S. Transportation
Position: Oppose
Lobbyist: a , '-' sv.e I
l!Pdated 1122/2016
o Urban Renewal: Cleanup Legislation
After s1gnmg HB 15-1348 over CML's veto request, Gov. John H1ckenlooper established a working group
to look at the applicability language 10 HB 15-1348 and work to come to consensus on a meaningful
change to the statutes that ensured no impairment of plans in place as of Jan 1, 2016, and clarify what
s1gn1ficant tnggers on existing plans mvoke the new provrsrons in law.
Since the work1ng group's last meetmg on December 22, significant dialogue has taken place with the
Speaker of the House, Sen Beth Martinez Humenik, CML, CCI, SDA, the governor's office and many
other stakeholders. At th1s moment, rt appears there IS agreement that Sen. Martrnez Humemk w1ll start a
consensus b1ll in the Senate with Speaker Hulhnghorst as the House sponsor The final elements of
consensus are still being worked out, but most of the S1gn1f1cant issues have already been agreed upon
by CML, CCI, and SDA. The remainmg 1ssue is the scope of applicability of HB 1348 to urban renewal
plans and, more Importantly, what act1v1ty triggers the applicability. There are still dtscuss1ons that will
occur, and if consensus can be reached, then 1t will be mcluded in the b1ll If not, the language 10 statute
will stand, unless someone chooses to run separate legislation.
The consensus bill is not expected to be introduced until at least mid-February.
Bill: Cleanup Legislation
Sponsors: Sen Beth Martinez Humenik, Speaker Dickey Lee Hullinghorst
Status: Not yet introduced
17
0
Greeley, and Rollie Heath, D-Boulder
Status: H. Transportation & Energy
Position: Momtor
Lobbyist: D1a'1ne CnS\\ ell
Updated 112212016
Transportation: Kei Trucks
BUILDING A STRONG PARTNERSHIP WJ'Tl-1 COLORADO'S CinES AND lOWNS
HB16-1029 would allow the Department of Revenue to title and register Kel trucks (small gasoline-engine
vehicles often used for tasks such as park maintenance or farm work). CML opposed a similar bill in
2015, but withdrew opposition once the bill was amended to include registration fees and payment of the
specific ownership tax (SOT). HB16-1029 includes the SOT fix (even though the bill summary text
incorrectly indicates that only $3 for SOT is due).
Bill: HB16-1029, Kei Trucks
Sponsors: Rep. Jon Becker, R-Fort Morgan, and Sen. John Cooke, R-Greeley
Status: H. Transportation & Energy
Lobbyist: D1anne Cnswell
Updated 112212016
Transportation: Off Highway Vehicles
HB16-1030 would expressly authorize counties and municipalities to allow off-highway vehicles (OHVs)
to travel on local roads. The bill as introduced includes m1nimum safety and liability msurance
requirements, as well as licensing fees and plates. Further, the bill deletes the prohibition in current law
that OHVs may not cross state highways within a municipality. Since the bill as introduced required
county clerks to use the state licensing, registration, plating processes, there would be TABOR revenue
implications. There is some discuss1on of amending the bill to address the TABOR implications Further,
there are some concerns about the provision in the bill to allow OHVs to cross state highways within
municipalities. CML is working to determine if these safety concerns can be addressed without ceding
local control or creating unduly burdensome procedures.
Bill: HB 16-1030, Off-Highway Vehicles
Sponsors: Rep. J. Paul Brown, R-lgnac1o; Rep. Lois Court, D-Denver; Sen. Kerry Donovan, D-Vail
Status: H. Local Government
Position: Support
Lobbyist: D1anne Cnswell
Updated 112212016
16
~~nM.U
,.. ~ o1 C'..,_oo, c.,,., •f'tfl T0tm1 BUILOINCi A ~ONCi PARTNERSHIP wmt COLORADO'S CtnES AND TOWNS
Position: Oppose
Lobbyist: •< · • , sv e 1
Updated 112212016
o Transportation: Extending RTA Property Tax Authority
HB16-1067 extends the exp1rat1on of the property tax levy authority of a Regional Transportation
Authonty(RTA) by ten years, from January 1, 2019 to January 1, 2029. The current staff recommendatiOn
on CML's position on the bill IS "monitor,'' until the Policy Committee meeting on February 12, 2016.
Bill: HB16-1067, Extending RTA Property Tax Authority
Sponsors: Rep. Diane Mitsch Bush, D-Steamboat Springs, Sen. Kerry Donovan, D-Vail
Status: H. Local Government
Position: Monitor
lobbyist: r v..
Updated 112212016
o Transportation: Allowing Off Highway Vehicles to Cross State Highways
SB16-008 is a trailer bill to last year's SB15-023, which authonzed off-h1ghwayvehicles (OHVs) to cross
state highways 1n unincorporated areas, but expressly prohibited crossing withm a municipality. There
are some continued concerns about allowmg OHVs to cross state highways w1thin municipalities. CML is
working to determine if these safety concerns can be addressed without ceding local control or creating
unduly burdensome procedures
Bill: SB16-008, Allowing Off Highway Vehicles to Cross State Highways
Sponsors: Sen. Larry Crowder, R-Aiamosa
Status: S. Local Government
Position: Support
Lobbyist: r < ( < ... ,·.dl
Updated 112212016
o Transportation: Authorization for COOT to designate a shoulder for use
by buses
HB 16-1 008 amends the reqwements for vehicles to dnve on roadways laned for traffic to allow the
Colorado Department of Transportation (COOT), after consulting with the Colorado State Patrol, to
des1gnate with signs that public buses may travel on the shoulder. The background is that COOT would
like buses to be able to use the shoulder on U.S. Route 36. According to COOT, the shoulder 1s designed
(although not marked) for travel, and speed and safety concerns are addressed in the existing operating
agreement.
Bill: HB16-1008, Authorization for COOT to des1gnate a shoulder for use by buses
Sponsors: Reps. Fa1th Winter, D-Westmmster, and Jon Becker, R-Fort Morgan; Sens John Cooke, R-
15
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS
This bill provides that, should a local taxing jurisdiction be required to repay a prior distribution of sales
and use tax, the Dept of Revenue may deduct the amount from future distributions to that local
government. Through an IGA, the deductions may be spread over a 3 year period.
Bill: HB 16-1118, Repayment to State
Sponsors: Rep. Lois Court, 0 -Denver
Status: H. Local Government
Position: Monitor
Lobb yist: Geoff Wtlson
Updated 1/2112016
o Sales and Use Tax: Vendor's Fees
This bill would escalate the amount of money that a merchant may retain to cover the cost of collecting
the State's sales tax from the current 3 1/3% to 5 1/2%, over five years. Vendors fees in statutory or
home rule municipalities. which address the cost of collecting local taxes in those jurisdictions would be
unaffected.
Bill : HB 16-1087, Vendor's Fees
Sponsors: Rep. Jon Becker, R-Ft Morgan
Status: H. State, Veterans & M1litary Affairs
Position: Mon1tor
Lobbyist: Geoff W1lson
Updated 1/2212016
o Taxation: Business Personal Property Tax Exemption for Broadband
Service Providers
SB 16-067 creates a property tax exemption for the locally and centrally assessed business personal
property directly used for broadband serv1ce that IS acqwed on or after January 1, 2016. Examples of
the personal property exempted include electronics, equipment, transmission facilities, and fiber optic and
copper cables. T he staff recommendation on the CML position is to oppose, which will be on the Policy
Committee agenda on February 12. 2016.
Bill: SB 16-067, Business Personal Property Tax Exemption for Broadband Service Providers
Sponsors: Sen. Mark Scheffel, R-Parker: Sen. Owen Hill, R-Colorado Springs; Sen. Kevin Lundberg, R-
Berthoud; Sen. Ellen Roberts, R-Durango; Sen. Laura Woods, R-Arvada; Rep. Angela Williams, D-
Denver; Rep. J. Paul Brown, R-lgnac1o; Rep. Kathleen Conti, R-Littleton; Rep. Polly Lawrence. R-
Littleton; Rep. Kevin Priola, R-Henderson; Rep. Bob Rankin, R-Carbondale; Rep. Lon Saine. R-Dacono;
Rep. Dan Thurlow, R-Grand Junction; Rep. Kevin Van Winkle, R-Highlands Ranch; Rep. Yeulin Willet, R-
Grand Junction
Status: S Finance
14
BUILDING A STRONG PARTHERSKlP Willi COLORADO'S CITIES AND TOWNS
forward with the intent to focus purely on legislation attempting to repeal the use of automated photo
enforcement tools.
Bill: Red Light Cameras and Speed Radar
Status: Not yet introduced
Position: Monitor
Lobbyist: 1.1~ gt·ar u ollat
Updated 1119/2016
o Public Safety: Wildfire Risk Reduction Grant Program
In the 2013 and 2015 legislative sessions, CML supported the creation and continuance of the Wildfire
Risk Reduction Grant (WRRG) program through the Department of Natural Resources With WRRG, local
governments. nonprofits, and homeowner's associations are all eligible to apply for supplementation to
m1tigatron projects. The program has awarded millions of dollars to projects for forest restoration and
mitigation with the hope of minim1z1ng future wildfire damage. The program was renewed for one year in
2015, so there will be necessary legtslatron to continue funding 1n 2016. At th1s t1me, the program does
not have fundrng in the governor's budget; however, th1s program provides srgnrfrcant support for wrldfrre
mrtigation. CML will work diligently to find funding to continue the program
Bill: SB16-003, Wildftre Risk Reduction Grant Program
Sponsors: Sens. Ellen Roberts, R-Durango, and Matt Jones. 0-Loursv:rte, Rep KC Becker, D-Boulder
Status: S. Judiciary
Position: Support
Lobbyist: r.~eahan Dollar
Updated 1/21/2016
o Sales and Use Tax: Appeal Bonds and Deposits
A bill will be rntroduced to eliminate appeal bonds and deposits incident to appeals in tax cases. The brll
will reprise a bill introduced late last session (SB 15-279) that CML opposed because of its late
rntroduction. Substantively, the brll was not objectionable, and the proponents have worked with CML staff
over the Interim. The Colorado Department of Revenue (DOR) does not oppose the bill, but forecasts a
fiscal impact in the form of more tax appeal representation of OOR by the attorney general.
Bill: SB 16-036, Appeal Bonds and Deposits
Sponsors: Sens. Trm Neville, R-Littleton and Cheri Jahn, D-Wheat Ridge, Reps. Tracy Kraft-Tharp, D-
Arvada and John Keyser, R-Morrison
Status: Not yet introduced
Position: Staff discretion to support
Lobbyist: Geoff Wtlson
Updated 1121/2016
o Sales and Use Tax: Repayment to State
13
STAT~tJB H~
BUILDING A S'ffiONG PARTNERSHIP Willi COLORADO'S cmES AND TOWNS
SB 16-063 authorizes any county or muntcipality in Colorado to enter 1nto an agreement with a county or
municipality from a bordering state to provide emergency serv1ces. The bill also grants immunity for
persons performing duties under the agreement and asstgns liability that accrues under the "Colorado
Governmental Immunity Act" to the Colorado county or municipality that 1s a party to the agreement.
Small towns on the border of Colorado see this as an opportunity to leverage more resources with border
states. The need for additional resources is particularly clear in cases of wildfire. As a result, CML staff
will bring this bill to the policy committee with a recommendation to support.
B ill: SB 16-063, Authority of Local Governments to Enter into IGA's
Sponsors: Sen. Ellen Roberts, R-Durango: Rep. Ed Vigil, O-Ft. Garland
Status: S. Local Government
Posit ion: Support
Lobbyist: Meghan Dollar
Updated 1122/2016
o Public Safety: Designated Emergency Response Authorities
0
Under current law, each county and municipality must designate an emergency response authority that is
responsible for responding to releases of hazardous substances within their jurisdiction. Among language
regarding private enttties and land owners, HB 16-1046 speciftes that a local government must annually
report the designation to the Colorado State Patrol (CSP). CML had concerns regarding an annual
reporting requirement to the State particularly the additional administrative costs to local municipalities.
The Colorado State Patrol has agreed to compromise language that a local government report a
designation once to CSP and additional reporting is only necessary if that designation changes.
Bill: HB 16-1046, Desginated Emergency Response Authorities
Sponsors: Rep. Tracy Kraft-Tharp, D-Arvada; Sen. Randy Baumgardner, R-Hot Sulphur Springs
Status: H. Local Government
Position: Monitor
Lobbyist: Meghan Dollar
Updated 1/21/2016
Public Safety: Red Light Cameras and Speed Radar
Since Gov. John Hickenlooper vetoed both HB 15-1098, which required a vote of the people to implement
red light cameras or speed radar, and HB 15-276, which banned their use altogether, it is expected that
leg1slat1on with Similar language will be introduced in 2016. CML will oppose any repeal of the use of red
light and photo radar as public safety on municipal roads remains a matter of local concern.
There also are efforts to draft legislation to meet some of the requirements of the governor's veto letter.
One piece of legislation would allow the use of red light cameras in arterial roads. They would be banned
in residential areas, but allowed in school and construction zones. Staff consulted with representatives
from municipalities with red light cameras (and photo radar), and CML will monitor this legislation moving
12
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND lOWNS
Bill: SB 16-037, Digital Records Access
Sponsors: Sen John Kefalas, D-Fort Collins, and Rep Dan Pabon, D-Denver
Status: S. State, Veterans & Military Affa1rs
Position: Oppose
Lo bbyist: Geoff \Ntlson
Updated 1/2112016
o Property Taxes: Extending Regional Transportation Authority Property
Tax
The Transportation Legtslallon Rev1ew Commtttee (TLRC) constdered a proposal to extend the ability of
Regionall ransportatton Authonttes (RTAs) to levy voter-approved property taxes to 2029. Currently,
RT As are authonzed to seek voter approval for etther a sales tax or a property tax to fund RT A projects
The sales tax authonzalton is permanent, but the property tax authorizalton expires in 2019. This
proposal was not one of the five bills recommended by the TLRC for introduction, because the proposal
was withdrawn; however, it may be introduced separately
Bill: Extending Regional Tran~portation Aulhonty Property Tax
Status: Not yet tntroduced
Lobbyist: C .-... · ....
Updated 112212016
o Public Safety : Prohibiting Certain Uses of an Unmanned Aircraft System
HB 16-1020 sets crimes for unlawfully operating an unmanned a1rcraft system (UAS) wtthin five miles of a
detention facility That tncludes attempting to 1ntroduce controlled substances like alcohol or marijuana
near the facility. If a person commits this act, they could be charged for a class 4 felony. This would not
only include county and munic1pal Jatls, but also munictpal detention facilities The bill also creates
gUidelines for fly1ng a UAS near an airport tn Colorado. Anyone who v1olates the stipulallons in the bill,
such as flying a UAS within f1ve mtles of an airport without permission from the air trafftc control tower,
can be charged with a class 1 misdemeanor. CML staff will bring the legislation to the pol1cy committee
with a recommendation to support HB 16-1020 as it intends to prevent dangerous situations involving
unmanned aircraft systems around municipal detention faciltttes and atrports
Bill: HB 16-1020, Prohibiting Certain Uses of an Unmanned Atrcraft System
Sponsors: Rep. Paul Rosenthal, D-Denver: Sen John Cooke, R-Greeley
Status: H. Jud1ciary
Position: Support
Lobbyist: f,1eqllan Dolle1r
Updated 1/2112016
o Public Safety: Authority of Local Governments to Enter into IGA's
11
BUILDING A STRONG PARTNERSHIP Willi COLORADO'S Cm£S AND TOWNS
during events like the Cannabis Cup in Denver. Proponents complain that out of state vendors sell
products illegally at events, although it is not clear how passage of this bill would affect that issues. CMl
is taking the pos1tion of opposmg the bill unless it IS amended to allow special event perm1ts only in
municipalities that have reta11 sales and only upon adoption of an ordinance opting into the special event
permit statute. The bill will be heard in committee on February 2.
Bill: HB 16-1092, Retail Special Event Perm1t
Sponsors: Rep. Domenick Moreno, 0-Commerce City
Status: H. Public Health Care & Human Services
Position: Oppose unless amended
Lobbyist: Kev•n Bommer
Updated 1/22/2016
o Open Records: Digital Record Access
This legislation would amend the Colorado Open Records Act(CORA) to require that public records kept
in digital form be made available, in whole or in part. to a records requestor via "direct electronic access"
to the records "in the same database or other file format in which the records are maintained by the
off1cial custodian." The proponents of the bill intend this language to grant them access to versions of
these databases that can be man1pulated. This would require municipal clerks and other records
custodians to remove personal identifying information, attorney client pnvileged communications ,
confidential commercial data and other legally confidential information from the record, as well as any
embedded metadata. In many cases this would literally mean creating a new form of a record, simply for
purposes of responding to a request. Apparently anticipating this, SB16-037 carves out a specific
exception for digital records from a CORA a provision that usually requires a requestor to pay a
reasonable fee, not exceeding the cost of creating such a record. This effectively shifts this cost to local
taxpayers.
CML and a variety of public entities recently had a meeting with Senator Kefalas in which we explained, in
essence, that this bill has so many unknown and profoundly substantial potential operational and fiscal
impacts that it should be withdrawn for a year, allowing an open process where all stakeholders can work
on a proposal. Numerous attendees emphasized that they simply did not understand the implications of
this issue well enough to agree to anything, at this point. Our process request responds to the process
used to develop SB16-037, where public ent1ties were excluded altogether from discussions concerning
whether a problem concerning access to digital records exists, and to what extent; our input was only
sought at the very last minute on the chosen means to address the alleged problem. At the conclusion of
the meeting Sen Kefalas said that he was agreeable to delaying, but not withdrawing, his bill.
Please take a close look at this bill and let me: gwilson@cml.org know what it would mean for your
jurisdiction. These stories of likely local impacts are very helpful as we lobby against this legislation.
10
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CmES .\NO TOWNS
Bill: HB 16-1068, Regulation of Methadone Clinics
Sponsors: Rep . Paul Lundeen, R-Colorado Springs; Sen. Kent Lambert, R-Colorado Springs
Status: H. State, Veterans & Mtlitary Affatrs
Position: Oppose unless amended
Lobbyist: r M·ghM Dollar
Updated 1/2212016
o Marijuana: Local Licensing MMJ Testing Facilit ies
In 2015, the General Assembly created a state license for medical marijuana testing facilities However,
the legislation failed to recognized that all medical manjuana licensed facihties are mtended to be licensed
both at the state and local levels, stmtlar to hquor licenses. Whtle simply an oversight in the 2015
session. thts legislatton ensures local control that is not otherwise present wtlh state-only lice:1ses.
Bill: HB 16-1064, Local Ltcenstng MMJ Testing Facihttes
Sponsors: Rep, J. Paul Brown, R-Durango; Sen. Ellen Roberts, R-Durango
Status: H. Local Government
Position: Support
Lobbyist: v, \. ,, 8 •' r er
Updated 112212016
o Marijuana: Private Clubs
Rep Kit Roupe, R-Colorado Springs, and Rep. Jonathan Singer, 0-Longmont, planned to Introduce some
sort of legtsfation on pnvate marijuana clubs. After stgniftcant dtscussions wtlh stakeholders failed to
tdentify the problem the solution was attempting to resolve, the legislators decided agatnst running the
bill However, Rep Singer has floated the idea of changing statutes to allow for onsite consumption at
retail manJuana stores This would be a dramattc shift in the intentional prohtbttton of onsile consumption
when legislation implementing Amendment 64 was adopted in 2013, and to date the League has not
been asked to participate in any stakeholder discussions on this concept.
Bill: Pnvate Clubs
Sponsors: Rep. Kit Roupe, R-Colorado Springs, and Rep. Jonathan Singer, 0 -Longmont
Status: Not yet introduced
Lobbyist: Kr. r Bor n er
Updated 1/2212016
o Marijuana: Retail Special Even t Permit
This legislation essentially cuts and pastes the special event statute from the liquor code and applies to
the retail marijuana code. Despite obvious questions about how a special event would comply with the
constitutional prohibttion on open and public consumption of mariJuana. the purpose of the bill (as stated
by proponents) is to ensure that only Colorado-hcensed retail manjuana stores can legally sell product
9
0
0
STAT~l;JB d~ ,,.. -ol-~~---BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND lOWHS
Updated 1/2112016
Land Use : Fire District Impact Fees
Several fire districts are interested in passing legislation to allow a fire prevention district to impose an
impact fee on new development within their jurisdiction. The intent is that the fee will be reasonably
related to the overall cost of the fire protection districts services. The League supports giving fire districts
the authority to levy impact fees for new development within their jurisdictions. This is particularly
important in small jurisdictions where fire districts have limited resources, but must still provide fire
services that meet the increased needs of their growing communities. The CML Policy Committee
position, which was ratified by the CML Board, was that two amendments should be made to the
proposed legislation: one, that the fire district should provide notice of the use of impact fees to any
affected municipality; and, two, the fire district would be required to update its serv1ce plan to reflect the
additional impact fee. If these amendments were not agreed to, CML would oppose the legislation.
The bill proponents have agreed to add a notice provision in draft language, but refuse to the requirement
that a fire district update their service plan. C.R.S. 32·1-202 (2) refers to the financial plan at the
inception of the special district that describes how all services provided by a district will be financed. If a
new fee is going to be charged by a special district, then it is appropriate for the service plan to be
updated. From CML's perspective, new revenue fr'Om impact fees should absolutely be part of the
f1nancial plan, wh1ch should require a material modification to the service plan Furthermore, as the
permitting entity for new development. municipalities need not only to be aware of an impact fee, but what
the impact fee is used for to be fully informed of serv1ces provided within a municipality. CML will remain
opposed until suitable language is drafted to reflect the financial impact of additional revenue received by
a fire district on new developmenl.
Bill: HB 16-1088, Special District Impact Fees
Sponsors: Rep. Tim Dore, R-Eiizabeth
Status: H. Local Government
Position: Oppose unless amended
Lobbyist: Meghan Dollar
Updated 1/21i2016
Land Use: Regulation of Methadone Clinics
HB 16·1 068 requires additional standards for methadone treatment facilities, including minimum
distances from schools, colleges, and residential child care facilities. The bill also specifies that, if a
municipality so chooses, a methadone treatment facility 1s not a medical clinic for zoning purposes. The
bill adds language makmg the bill a matter of statewide concern thus preempting local land use authority
regarding methadone clinics. CML is traditionally opposed to the state preemptmg local land use authority
and is working with the sponsor with the hope of finding language that keeps local control in land use
decisions.
8
Bill: Public Contract Retainage
Status: Not yel introduced
Position: Staff discret1on to oppose
Lobbyist: D1anne Cr.swt I
Updated 1/19/2016
BUlU>ING A STRONG PAR~ERSHIP WITH COLORADO'S OTIES AND TOWNS
o Gaming: Local Government Umited Gaming Impact Fund
0
HB 16-107 4 reduces all of the transfers of limited gaming revenue to Colorado travel and tourism
promotion fund, the advanced industnes acceleration cash fund, the local government limited gaming
1mpact fund, the innovative higher education research fund, the creative industnes cash fund, and the
Colorado off1ce of f1lm, television, and media operational account cash funds by 10%, which totals
$3,010,000, and requires the state treasurer to transfer that amount to the state public school fund to be
used to reduce the cost to school districts, charter schools, and boards of cooperallve services of
purchasing supplemental online education courses For local governments, that would total a loss of
$500,000 from the local government limited gaming impact fund which is awarded through the
Department of Local Affairs to 1mpacted communities around the three gaming cities an Colorado As a
matter of policy, CML IS opposed to any reduction to the local government limited impact fund as these
funds are utilized by local governments for anything from law enforcement to victim assistance.
Bill: HB 16-1074, Local Government L1mited Gaming Impact Fund
Sponsors: Rep. Tim Dare, R-EIIzabeth, Sen. Owen Hill, R-Colorado Spnngs
Status: I i. State, Veterans & Military Affairs
Position: Oppose
Lobbyist: J\1eqt1ar f\ollar
Updated 1/21/2016
Land Use: Disconnection
A bill is expected that will amend the rarely used municipal disconnect1on statutes. Some time ago, a
property owner considered asking the Town of Mornson to disconnect his land from the Town. The
contemplated request for disconnection never went anywhere, but a Jefferson County official heard about
the property owner's ideas and became alarmed. As a result, notwithstanding that no issue with th1s rarely
used statute actually exists, Color·ado Counties Inc.'s (CCI) 2016 Legislative Agenda includes pursuing a
b1ll to "prov1de a role for county involvement 1n the de-annexation (sic) process" CCI means the
disconnection process, as there is no such thing as "de-annexation," and disconnection bears no
necessary relationship whatsoever to annexation. What this new county role m1ght involve remains to be
seen.
Bill: Disconnection
Status: Not yet introduced
Position: Staff discretion to oppose
Lobbyist: Gl olf V\ tc:.on
7
0
0
BUILDING A STRONG PARTNERSHIP WITH COlORAOO'S CITIES AND TOWNS
generally understood there was already a preemption of local wage ordinances that would not be
eliminated even if the later-adopted statute is repealed .
Bill: SB 16-054, Local Government Min1mum Wage
Spo nsors: Sen. Michael Merrifield, 0-Manitou Springs
Status: S. State, Veterans & Military Affairs
Position: Monitor
Lobbyist: Kevm Bommer
Updated 1122/2016
Finance: Transportation Bonds
The debt service payments on the current Transportation Revenue Anticipation Notes (TRANs) Bonds will
be retired in FY2016-2017. Last year, TRANs Bonds legislation (SB 15-272) was Introduced to finance
$3.5 billion of future projects, but did not pass. The primary objection to SB 15-272 was that the bonds
would have been supported by existing state revenues, impacting the resources available for the
maintenance of existing state Infrastructure. In the 2016 session, there will be some version of a new
TRANs Bonds introduced to fund future projects, supported in part by a coalition of north 1-25 business
organizations and local elected officials. It is uncertain whether a TRANs Bonds proposal to refer a ballot
measure to state voters for approval of additional public debt in 2016 would include new or increased
taxes to back the bonds, or if it would only include exist1ng state revenues.
Bill: Transportation Bonds
Status: Not yet introduced
Lobbyist: D1anne Cnswell
Updated 1119/2016
Finance: Public Contract Retainage
The proponents of reducing public construction retainage might seek changes that go beyond current
state law. Retainage is a percentage of a construction project cost that is withheld until a construction
project is complete; it is a common contract provision included to protect an owner from the risks
of construct1on problems and incomplete or substandard work. In 2011, the maximum retainage limit in
state law for public construction projects was lowered from 10 percent to 5 percent, and final payment
was required to be paid within 60 days of final acceptance. The 2011 legislation, HB 11-1115, was
passed with amendments reflecting a compromise between the proponents and public owners. The
proponents recently have started meeting with public stakeholders individually to explain th at they believe
the 2011 legislation needs further amendment to add additional protections for contractors. At this time,
there is no draft legislation; however, since CML opposed the original legislation in 2011 and worked on
the compromise, CML will oppose any further changes that would negatively impact municipalities' ability
to manage construction contracts.
6
BUILDING A STRONG PARTNERSHIP WITH COLORAOO'S OTlES ANO TOWNS
o Elections-Filing election results
Currently, municipalities are required to file their election results wrth the Secretary of State's office. This
bill would instead require municipalitres to file with the div1slon of local government rn the Colorado
Dept.of Local Affa1rs.
Bill: HB 16-1012, Filing election results
Sponsors: Reps. Su Ryden, D-Aurora, Sen. Ray Scott, R-Grand Junction
Status: H State, Veterans & Military Affarrs
Position: Monitor
Lobbyist: Gl of! 1'\ ol!-:iOil
Updated 1/21/2016
o Employment: Loca l Government Employee Whistleblower Protection
The State of Colorado has a whrstleblower protection statute for state employees. II does not apply to
local governments Following a request from the Colorado Education Association to create a similar law
applying to schools, the sponsor decided to Introduce legislation that also would apply to counltes and
municipalities. (Interestingly, the bill does not extend the protections to employees of spec1al
drstncts) CML IS opposrng the bill unless amended to remove the extensron of the bill to
municipalities. The League takes the posrllon, as it did when srmilar legislat1on was defeated by the
General Assembly in 1999 and 2000, that federal protections already exist for all government
employees. Furthermore, this btll1s overly broad -to the extent that any clarm from an employee frtting
under the broad protections would prevent an employer from any other reasonable employment action
because of the broad defrnrtron of "diSCiplinary act ron." Of great concern IS that the power to make
decisions would be 1n the hands of state administrative law judges rn Denver that are potentially hundreds
of mrles away from the crty or town Interestingly, there hasn't been any percerved need for state
mandates for local whistleblower protection since the last time 11 was consrdered rn the Statehouse 16
years ago
Bill: HB 16-1078, Local Government Employee Whistleblower Protection
Sponsors: Rep Daniel Kagan, D-Cherry Hills Village
Status: H. Local Government
Position: Oppose unless amended
Lobbyist: Ke\ •n Bommer
Updated 1122/2016
o Employment: Local Government Minimum Wage
SB 15-054 is a revrval of legrslatron that was defeated in last year's legislative session The bill removes
language added to state statutes in over 15 years ago that was added in an attempt, at the lime, to
preempt municipalities from adopting therr own minimum wage. The League did not take a pos1tion on
last year's brll and refrarn from dorng so agarn this year. When the earlier law was passed, municipalities
5
0
0
BUILDING A STRONG PARTMERSHIP Willi COLORADO'S CITIES AND TOWNS
St atus: S. Local Government
Position: Support
Lobbyist: D1annc Cnswell
Updated 112212016
Elections: Photo ID
This bill would require a person seeking to register to vote within the 29 days prior to an election to present one
of a number of forms of photo ID set forth in the bill, including a valid Colorado drivers license.
Bill: HB 16-1111, Photo ID
Sponsors: Rep. Don Coram, R-Montrose
Status: H. State, Veterans & Military Affairs
Position: Monitor
Lobbyist: Geoff Wrlson
Updated 112112016
Elections : Signature Verification
This bill will require signature verification in municipal mail ballot elections, beginning in April of 2018. By
that time, the Secretary of State (SoS) expects to have a convenient, low or no-cost look up service for
voter signature exemplars available to municipal clerks. HB-1070 follows opposition by CML and others to
a 2015 bill by Rep. Neville that proposed signature verification in municipal elections, before access to the
Secretary's signature database had been accomplished. That bill was defeated, with the parties agreeing
to work on a better bill for 2016.0ver the interim, staff from CML and the SoS worked together to
determine whether a credible, affordable signature verification process for municipal mail ballot elections
could be devised. Low-cost access to the SoS file of voter srgnatures was essential. Aurora Deputy
Municipal Clerk Karen Goldman, representing the Colorado Municipal Clerk's Association (CMCA) was
been heavily involved in the process.The result is HB16-1070, which the League is pleased to support.
CML greatly apprec1ates Karen's help, as well as that of Dep. Sec.of State Suzanne Staiert and her staff
in getting this proposal ready to go.
Bill: HB 16-1070, Signature Veification
Sponsors: Rep. Patrick Neville, R-Castle Rock; Sen Tim Neville, R-Littleton
Status: H. State, Veterans & Military Affairs
Position: Support
Lobbyist: Geoff W1lson
Updated 112112016
4
BUILDING A STRONG PA~ERSHIP WITH COLORADO'S OTIES AND TOWNS
standard procedure to advtse inspectors how to conduct the revrew. The bill does not establish any
standards for review so a local governmentts flexible to establish their own procedures. The Colorado
Chapter of the lnternatronal Code Council wrll also begrn creating a standard a local government can
utilize if they so choose.
Bill: HB 16-1073, Concerntng the Qualifrcatrons of Licensed Electricians
Sponsors: Rep Cnsanta Duran, D-Denver & Rep. Brian DelGrosso, R-Loveland; Sen. Lucia Guzman,
D-Denver & Sen. Mark Sheffer, R-Parker
Status: H. Business, Labor, Economic and Workforce Development
Position: Monrtor
l obbyist: 1,1C'ql· <' 1 1ollar
Updated 1/2112016
o Economic Development: Removi ng Threshold for Metro District
Economic Development
In HB07 -1351, metropolitan distncts were authonzed to provide activities in support of busi11ess
recruitment, management, and development if the assessed value (AV) of the distnct exceeded $1 .25
billion. Based on 2007 testimony tn the House and Senate Local Government Commtttees, the purpose
of the AV threshold was to llmtt the application of the economic development authority to Southeast
Public Improvement Metropolitan Drstnct HB 16-1011 would remove the AV threshold so that any
metropolitan district could engage In economic development acUvittes
Bill: HB 16-1011 , Removing Threshold for Metro Distrrct Economic Development
Sponsors: Rep. Edward Vigil, D-Fort Garland
Status: H. Local Government
Position: Monitor
lobbyist: Otannc Crasv,•PII
Updated 1122/2016
o Economic Development: Rural Economy Emergency Assistance Grant
Program
SB16-081 creates a Rural Economtc Assistance Grant Program for emergency-based grants for rural
communities expenencing detrimental economic impacts, such as plant closures. Department of Local
Affatrs (DOLA) would administer the grants and provtde technical assistance The $2 million of initial
resources for the grant fund would be transferred from the Unclaimed Property Trust Fund tn 2016. No
future source of revenue is tdentifted, although the grant fund keeps the rnterest income, may accept gifts
& donations, and resources may be appropriated to the fund. Staff recommendatton ts to support, which
will be on the agenda for the February 12, 2016 Policy Committee meeting.
Bill: SB 16-081, Rural Economy Emergency Assistance Grant Program
Sponsors: Sen. Kerry Donovan, D-Vail, Rep. Dave Young, D-Greeley
3
0
0
JCMLJ , 11 .. 111 ,,_., ·, "' ,1 If
BUILDING A STRONG PAA~ERSHIP wtnl COLORADO'S CmES AND TOWNS
Currently, statute for local housing authorittes requires a five-year term to serve on the housing authority.
Most small community members find the time commitment daunttng and choose not to serve on housing
authorities. As a result, small communities have extensive difficulty finding participants to serve on these
boards that have the important role of developing and working with the private sector to create affordable
housing.
While the City of Rifle requested thts legislation, it is clear that finding volunteers to serve on housing
authorities is an issue for small communities across Colorado. As a result, CML initiated legislation to
amend the statutes pertaining to municipal housing authorities to designate a five-year term (current law)
unless a different term is established by a municipality for its authority.
Bill: HB16-1069, Terms for Municipal Housing Authority Commissioners
Sponsors: Rep. Bob Rankin, R-Carbondale, and Rep. Dominick Moreno, D-Commerce City
Status: H. local Government
Position: Support
Lobbyist: Meghan Dollar
Updated 1/2212016
Budget : State Hospital Provider Fee
Near the end of the 2015 session, an attempt to turn the state's hospital provider fee into an enterprise
program was shot down. If passed, it would have allowed the state to temporarily dodge TABOR refunds
and use the surplus for other needs. The proposal that had the most traction was to use some for
transportation (with a chance at a local share), as well as to restore the $20 million of severance tax
revenue swiped by the state to meet its TABOR refund obligatton. It is possible that proposal may be
resurrected, but its chances of success remain slim. However, CML will be in a position to support the
legislation if it addresses the severance lax issues, as well as shares some of the transportation revenue
with local governments.
Bill: State Hospital Provider F-ee
Status: Not yet introduced
Position: Monitor
Lobbyist: Kevm Bommer
Updated 111912016
Building Regulations: Concerning the Qualifications of Licensed
Electricians
HB 16-1073 aims to make sure electricians working on large commercial projects in Colorado are
properly licensed through the State The bill requires a local government building inspector to include a
contemporaneous review to ensure electricians are properly licensed. To the extent an electrician is on a
property when it is inspected, a local building inspector already conducts a review; therefor local building
officials are neutral on this requirement. The bill also adds that a local government needs to develop
2
BUILDING A STRONCi PARTNERSHIP WITH COLORADO'S CmES ANO TOWNS
o Affordable Housing: State and Local Tax Exemptions
Under current law, housing authorities and related entities enjoy state and local excise, property tax, and
state income tax exemptions for non-commerc1al, low-income housing prOJects The Department of
Revenue has recently made a new Interpretation to limit the application of the stale tax exemptions only
to housing authorities (not related entities). The evident purpose of the b1ll1s to clarify the state tax
exemption applicability; however, the existing statutory language limil1ng the state and local tax
exemptions to non-commercial, low· income housing projects was deleted By removing that limitation,
the tax exemptions would be expanded to apply m1xed residential-retail projects organized with housing
authontres. CML 1s working with the sponsor and the advocates to amend the bill to narrowly clarify the
state tax exempt1on application.
Bill: HB16-1006, State and Local Tax Exempt1ons
Sponsors: Rep KC Becker, D-Boulder; Rep Alec Garnett, D-Denver
Status: H. Finance
Position: Oppose unless amended
lobbyist: [1 ·, C • ,.,,,
Updated 1122/2016
o Affordable Housing: State Low Income Housing Tax Credits
During the 2014 leg1slat1on session, CML supported HB 14-1017, wh1ch passed to create a state low-
income housing tax credit that IS operated through the Colorado Housing and Finance Authority (CHFA).
The program sunsets in 2016 and requires legislative aclton to continue. In the past two years, nearly
2,000 affordable housing units were developed in various municipalities throughout the state us1ng state
income tax credits, which work alongside the federal low-income housing tax credit to provide gap funding
to move affordable housing projects forward. As a continued proponent of the creation of affordable
housing, the League supports the re-authorization of the state low-income housrng tax credit program As
rents continue to rise across Colorado, 11 1s more important than ever to butld quality housing for low-
income res1dents.
Bill: State Low Income Housrng Tax Credits
Status: Not yet inhoduced
Position: Support
lobbyist: r leohan Dollar
Updated 1119/2016
o Affordable Housing: Terms for Municipal Housing Authority
Commissioners
The City of R1fle approached CML with a bill request to update the statute regarding housing authorities to
give the local municipality the authority to set term lengths for housing authonty members.
1
HI:H6-1014
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
HB16-1020
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
ll816-1030
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
HBL6-1064
Staff:
Board/Policy
Committee:
SOS Business Intelligence Center
Geoff Wilson
Support
WILLIAMS I TA TE
Page I of 4
01/13/2016 Introduced In House-Assigned to Business Affairs and Labor
No Drones Near Airports Or Jails
Meghan Dollar
Policy Committee -2/12/2016
Support
ROSENTHAL I COOKE
01 /1312016 Introduced In House -Assigned to Judiciary
Off-highway Vehicles Regulation & Local Government
Dianne Criswell
Support
BROWN /DONOVAN
01 /13/2016lntroduced ln House-Assigned to Local Government + Finance
Medical Marijuana Testing Facility Local Licensing
Kevin Bommer
Policy Committee -2/12/16
1 '""~''"""'' r
Pl'd/Signed:
Position:
Sponsors:
Status:
1181 6-1069
Staff:
Board/Policy
Committee:
PI' d/Signed:
Position:
Sponsors:
Status:
11 B l 6-J070
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
8 16-003
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
Page 2 of4
Supporf
BROWN I ROBERTS
01 /1 3/2016 Introduced In House -Assigned to Local Government
Allow City To Set Housing Auth Commn Term Length
Meghan Dollar
Support
RANKIN
01/13/2016 Introduced In House -Assigned to Local Government
Signature Verification In Mun Mail Ballot Election
Geoff Wilson
up port
NEVILLE P. I NEVILLE T.
01 /13/2016lntroduced In House-Assigned to State, Veterans, & Military
Affairs
Broadcast Burns Wildfire Risk Reduction Funding
Meghan Dollar
Support
ROBERTS I BECKER K.
01113/2016lntroduced In Senate-Assigned to Judiciary
SB16-008
Staff:
Board/Policy
Committee:
Pl'd/S igned:
Position:
Sponsors:
Status:
SB16-036
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
SB16-063
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
SB J6-080
Staff:
Board/Policy
Comm ittee:
Pl'd/Signed:
Position:
Municipal State Highway Off-highway Vehicles
Dianne Criswell
Support
CROWDER
0 1/13/2016 Introduced In Senate -Assigned to Local Government
Surety Reqmnt For Appealing Tax Bills Claimed Due
Geoff Wilson
Support
NEVILLE T. I KRAFT-THARP
01 /13/2016 Introduced In Senate -Assigned to Finance
Intergovt Agreement With Out-of-state Local Gov
Meghan Dollar
Policy Committee-2/12/16
Support
ROBERTS I VIGIL
01 /19/2016 Introduced In Senate -Assigned to Local Government
Marijuana Grows Enclosed Space Requirements
Kevin Bommer
Policy Committee -2/12/16
Support
Page 3 of 4
1 /"'lt:./"'lf\1 t:.
Sponsors:
Status:
SB1 6-081
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
Page 4 of4
NEWELL
0 I /19/2016 Introduced In Senate -Assigned to Business, Labor, &
Technology
Rural Economic Emergency Assistance Grant Program
Dianne Criswell
Policy Committee-2/12116
Up(>Ort
DONOVAN /YOUNG
0 l/19/20 16 Introduced In Senate -Assigned to Local Government +
Appropriations
1 f?h/?(\ 1"
HBI 6-1006
Staff:
Board/Policy
Committee:
PI' d/Signed:
Position:
Sponsors:
Status:
HB16-1074
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
HB16-1088
Staff:
Board/Policy
Committee:
Pl'd/Sigoed:
Position:
Sponsors:
Status:
HB16-1092
Staff:
Page 1 of3
Clarify Tax Exemptions For Housing Authorities
Dianne Criswell, Geoff Wilson
Oppose
BECKERK.
OJ /13/2016 lntroduced In House-Assigned to Finance
Ltd Gaming Revenue For Online Supplemental Ed
Meghan Dollar
Policy Committee -2/12/16
Oppose
DORE /HILL
0 I II 3/20 I 6 Introduced In House -Assigned to State, Veterans, & Military
Affairs
Fire Protection Dist Impact Fee On New Development
Meghan Dollar
Oppose Unless Amended
DORE
01 /19/2016 Introduced In House -Assigned to Local Government
Authorize Retail Marijuana Special Event Permit
Kevin Bommer
Policy Committee -2/12/98
Board/Policy
Committee:
Pl'diSigned:
Position:
Sponsors:
Status:
. B16-0 11
Staff:
Board/Policy
Committee:
PI' d/Signed:
Position:
Sponsors:
Status:
816-037
Staff:
Board/Policy
Committee:
PI'diSigned:
Position:
Sponsors:
Status:
.. 816-067
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Page 2 of 3
Oppose Cnleso; Amended
MORENO
01119/2016lntroduced In House-Assigned to Public Health Care & Human
Services
Terminate Use Of FASTER Fee Revenue For Transit
Dianne Criswell
Oppo~c
NEVILLE T. I NEVILLE P.
01/13/2016 Introduced In Senate-Assigned to Transportation
Public Access Digitally Stored Data Under CORA
Geoff Wi lson
KEF ALAS I PABON
01/13120 16 Introduced In Senate-Assigned to State, Veterans, & Military
Affairs
Broadband Personal Property Tax Exemption
Dianne Criswell
O ppo. c Unlc Amended
1/?f\/?0 1 (\
Sponsors:
Status:
Bl6-069
Staff:
Board/Policy
Committee:
Pl'd/Signed:
Position:
Sponsors:
Status:
Page 3 of3
SCHEFFEL I WILLIAMS
0111912016 Introduced In Senate -Assigned to Finance + Appropriations
Community Paramedicine Regulation
Meghan Dollar
Policy Committee-2112116
Oppose
GARCIA I PABON
01/19/2016 Introduced In Senate-Assigned to Health & Human Services
Bli..L RCPORT HC~ULTS-H OU SE
~MLJ
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Should thb deslan movo fD<Wonl ln the pr~I!Ss?
Totll ---
Meeting 1. Round 1
Meetlns l, Round 2
Mootlns 2
Meotlnslotat
New Parti<:ipilnt Surve.y
Survey Total
Yos
4SO
104
9
32
145
305
305
No TotaJVow "Yos "No
_,)92 !:'2 51~" ~
65 61.54" 38.~6"
10 47.3~ 52.63"
31 50.7~ 49.21"
106 251 S7.7'N' 4l.Z3"
286 5L6l"-48.39"-
216 591 51.61" 41139"-
2
......... .........
Should thiS dHian move forword In the JKoceu? Yn No Total Vote• "YH "No
Toul etc~ 365 115 55.76" 4'.24"
M~etlnc 1,1\ound 1 101 66 60.4'"' 39.5~
Meetlrc 1. Round 2 9 10 47.37% 52.6~
Mutinl2 ]6 2S 590~ 40.9'"'
MHtlncToUI 1~ 101 20 59.11" 40-""
New P.rti<apont Suowv 314 264 Sl3~ 4567%
SwwyTotal )14 261 578 SI-ll% 45.6'/%
3
Should this desicn move forward in the process7Total Yes No Total Votes "Yes "No
269 542 Ill U.ll% 66.83"
Meeting 1, Round 1 77 93 45.29" 54.71"
Meeuns1. Round 2 3 18 14.29% 85.71"
Meeling2 10 40 20.00% 80.00%
MeetinsTotal 90 151 241 37.34% 38.52% Nl!w Participant Survey 179 391 31.40l' 68.60% Survey Totlll 179 391 570 31.41m 68.61m
4
Should this dtslan mov~ l()fWard In the proceu? YH No TotaiVotu "Y~s "No
TOtlll 209 602 111 25.7N 74.23"
Muuna 1. Round 1 70 96 42.1~ 57 83"
M~~~~na 1. Round 2 5 lS 25.~ 75.00%
Meeuna 2 20 41 32.79% 67 .21"
MHtlna T Otlll 95 152 247 31.46" 61.54"
New P•rtl<tpont Survey U4 450 20.21" 79.79%
Survey Tonti 114 450 564 20.21" 79.79%
5
_..,._ ..
..... ,_
Should tills desl(n movt fc><watd In tile ptouu? Yn No Total Votes lOu "No T-Jll .,1 IU ... R,. 5).111'(
M .. IOnc I. Round I 87 &3 Sl Ill'! 48.82!'
M«otlnt 1. Round l 13 35~ 6S~
MHtlnt 2 ll 28 533~ 46.67%
Meftlnc Toto! U5 U4 2SO so.-49.60%
Ntow hnidp;ant Surwy 2SS )(17 4~.JN 54 6l1'
SIHVptTotal us Ja1 SP 4$.lN S4.6l1'
6
Should thh des.ic• movelonn,.lft the.,._,., YH No rout votu "v .. II No
TDlOI .uo ~ •u .0.~ St.J"'
Mfftlntl, Round 1 g.c 71 ~'"' C3.0310
Meet•nc l, Round 1 IS lS.OOK 75-00K
MHUnt2 2l 17 l8 Jl!l 61.67lC
MMdnrTow w ~ 251 Ol.llll SL»lC
NtwP.an~t Sut'W"t' 208 )3) 37011' 619lll
SuN~TOIII ;zoa )SJ Sfl n .Oil' ~
7
---
Should this deslcn move forw1rd In the process? Yes No TouiVotes "Yes %No
Total zen 5" IU 25.13" 74.81%
MeellllC 1, Round I 29 141 17.06W; 82 94%
Meetl'lt I, Round 2 3 18 14.29% as 71%
Metlln& 2 4 47 7.84% 92.16"
Meetlnc Total 36 206 242 14.88% 8S.U"
New Part~e•pant Survey 16S 393 29.57" 70,43%
Survey Tot"l 165 393 ssa 29.57" 70.43"
8
..2~ Ill. j-r.,.oq' l<l•o j 8 ~ 1" /2.-:{. t.r .. { .... j~~ 2 '¥ 5= 1:. .. -~·.<::o ....
z.,. .c .(; ..;,..,. f1•"" , -
2.~ ,
2.--J --? ...... ..... _
~•no,c
·--.... ~-
Should thli deslsn move foiWanl In the proceu? Yti No ToraiVotes "Yes "No
ToUI 359 "I 100 .... 55.13"
M .. tlns 1. Round 1 75 93 44.64" 55.36%
M•etin& 1. Round 2 9 u 42.8~ 57.14%
Meetlng2 23 36 38.98% 61,02%
MeetlncTobl 107 14l 241 43.15" 56.85"
New Participant Survey 252 300 4~.65" S4.3S"
SuNeyTotal 252 300 552 45.65" 54.35"
9
Should this dHI&n move fOfWud In the process? ns No Total Votes "Yes "No
TOUI J51 450 112 43.12% 56.1"'
Meeting 1, Round 1 95 73 56.SS" 43,4S%
Meeting 1, Round 2 6 15 28.57% 71.43%
Meetln&2 35 26 57.38% 42.62%
Meeting Tot~ I 136 U4 2SO 54.40% 45.60%
New Par11cipant Survev 215 336 39.02% 60.98%
Surwy Total 215 336 551 39.01% 60.~
10
~ ~..-... .. ....... vc-.. r-..... .,.._~ ~ ,..,
..,~r....._ ... ,.., ..... ...._ .. ,.,._.,......
@ 1001.
' -
Should thiS desl1n move forward In the protess? Yes No Total Votes "Yes "No
Total 168 601 769 21.8S" 78.15"
Meelillll I, Round 1 31 126 157 19.7S" 80.25"
Meetln& 1, Round 2 8 12 40.00" 60.00%
Meetlnt 2 9 34 20 93" 79.07"
Meetlna Total 48 172 220 21.82" 78.18%
New Panlclpant Survey 120 429 21.86" 78 14"
Survey Total 120 429 549 21.86" 78.14"
1,
Should this desl&n move lorwaNI In ltle pf'O(lest? Yes No Total Voles "v •• "No
TObl M8 441 IU 4).721j; 56.21'K
Meeting 1. Round 1 89 19 S2.91'K 4702%
Meet.,.l. Round 2 9 12 42.86% 57 14"
MHttnc2 21 l3 4500% 5500%
Me.tJnaTotal llS 124 249 50~ .,..,.
Now Plrti:ipont Sutwv 223 324 40 77% 59.23"
SurvoyTotal U3 324 $41 40.n. 59;2~
12
Should this deslan move forward In the proceu? Yes No Total Votes "Yes "No
Tout 427 156 112 S4.53" 45.4711.
Meetine I, Round 1 98 64 60.49% 39.Sl%
Metll"l I, Round 2 u 10 52.33% 47.62%
MeeiJ"I2 21 32 39.62% 60.38"
Meetlna Total 130 106 236 55.08% 44.92"
New Partlto~nt Survey 297 250 S4.30% 45.70%
Survey ToW 297 250 S47 S4.30% 45.70%
13
Should this design move forwa rd In the prouss? Yes No Total Votes "Yes "No
Total 352 440 Ill 44.44" 55.56"
Meeting 1, Round 1 99 71 58.24" 41.76"
Meeting 1. Round 2 u 9 57.14" 42.86"
Meeling2 24 35 40.68" S9.U"
MHtingTotal 135 115 250 54.00% 46.00%
N-Pan•cipant Survey 217 325 40.04" 59.96"
Survey Total 217 325 542 40.04" 59.96"
14
-
Should this deslsn move forward In the prCKess? Yes No Total Votes "Yes "No
Total m sss au H.~ 70.52%
Meetlnsl, Round 1 40 us 23.81" 76.19"
Meetiflg 1. Round 2 8 13 38.10% 61.90%
Meetln&2 14 42 25.00% 75.00%
Meetinc Totitl 62 183 245 31.37% 68.63"
New PartitiPint Survey 170 372 31.37" 68.63"
Total 170 372 542 31.37% 68.63%
15
Should this deslan move forward in the proces.s? Yes No Total Votes "Yes "No
Total 215 S7J 812 27.28% 72.72"
Meetlng 1, Round 1 40 126 2410% 75.90%
Meeting 1, Round 2 6 14 30.00% 70.00%
Meeting2 11 49 18.33% 81.67"
Meeting Total 57 189 246 23.17% 76-83%
New Participant Survey 158 384 29.15% 70.85%
SuTVey Total 158 384 542 29.15" 70.85%
16
Should this deslsn move forwilrd In the process? Yes No Total Votes %Yes %No
Totel 238 547 715 30~ 69.68%
Mee~~ng l, Round 1 49 lU 30.43% 69.57%
Meeting 1, Round 2 8 13 38.10% 61.90%
Meetlng2 14 47 22.95% 77.05%
Meetins Total 71 172 243 29.22% 70.78%
New Partkipan! Survey 167 375 30.81% 69.19%
Survev Total 167 375 S42 30.81% 69.1.9%
Should this design move forward In the process?
Total
Meeting 1, Round 1
Meeting 1, Round 2
Meetrng2
Meetlnc Total
New Partlc•pant Survey
Survey Total
.-........ -•
---
Yes No Total Votes
211 571 782
37 125
7 13
15 45
59 183 242
152 388
152 388 540
%Yes %No
26..98% 73.02%
22.84% n .t6%
35.00% 6500%
25.~ 75.00%
24.311% 75.62%
28.15% 71.85%
28.15% 71.85%
18
Should this design move forward in the process? Yes No Total Votes %Yes %No
Total 142 647 789 18.00% 82.00%
Meellng 1, Round 1 29 139 17.26% 82.74%
Meeting 1, Round 2 6 15 28.57% 71.43%
Meetlng2 10 52 16.13% 83.87%
Meeting Total 4S 206 2Sl 17.93% 82.07%
New Participant Survey 97 441 18.03% 81.97%
Survey Total 97 441 538 18.03% 81.97%
19
Should this desisn move forw~rd In the process? Yes No Total Votes %Yes %No
'Total 199 586 785 25.35% 74.65%
Meeting 1, Round 1 46 122 27.~8% 72.62"
Meeting 1, Round 2 7 13 35.00% 65.00%
Meettns 2 13 48 21.31" 78.6~
Meetlns Totil 66 183 249 26.51% 13A~
New PartlciPint Survey 133 403 24.81% 75.~
Survey Total 133 403 536 24.81" 75.~
20
Should this deslcn move forward In the process? Yes No Total Votes %Yes %No
Total 460 ru 783 58.75% ·~
Meeting 1, Roond 1 116 54 68.24% 31.76%
Meeting 1. Round 2 9 11 45.~ 55.~
Meetong 2 41 20 67.21% 32.79%
Meeting Total 166 85 251 66.14% 33.86%
New Participant Survey 294 238 55.26% 44.74%
Survey Total 294 238 532 55.26% 44.74%
21
Should this design move forward In the proces? Yes No Total Votes "Yes %No
Total 168 506 n• ~.63% 6S.J7%
Meeting 1, Round 1 78 87 47.27" S2.73"
Meeting 1, Round 2 3 18 14.29% 85.71%
Meeting 2 23 35 39.66% 60.34%
Meeting Total 104 140 244 42.62% 57.38%
New Participant Survey 164 366 30.94% 69.06%
Survey Total 164 366 530 30.94% 69.06%
22
Should this design move forward in the process? Yes No Total Votes %Yes %No
Tot•l 399 379 778 51.29% 48.71%
Meeting 1, Round 1 98 68 59.04% 40.96%
Meeting 1, Round 2 11 10 52.38% 47.65%
Meeting 2 31 30 50.82% 49.18%
Meeting Total 140 108 248 56.45% 43.55%
New Participant Survey 259 271 48.87% 51.13%
Survey Total 259 271 530 48.87% 51.13%
23
Should this de.sign move forward In the process? Yes No Totill Votes %Yes %No
Total 402 373 ns 51.87% ca.u%
Meeting 1, Round 1 94 74 55.95% 44.05%
Meeting 1, Round 2 6 15 28.57% 71.43%
Meeting 2 43 15 74.14% 25.g6%
Meeting Total 143 104 247 57.89% 42.11%
New Participant Survey 259 269 49.05% 50.95%
Survey Total 259 269 528 49.05% 50.95%
24
Should this deslan move forward in the process? Yes No Total Votes %Yes %No
Total 1~ 628 768 18.23% 81.77%
Meeting l, Round 1 67 92 42.14% 57.86%
Meeting I, Round 2 1 20 4.76% 95.24%
Meetin82 2S 36 40.98% 59.02%
Meetlna Total 93 148 241 38.59% 61.41%
New Paniclpant Survey 47 480 8.92% 91.08%
Survey Total 47 480 527 8.92% 91.08%
25
Should this design move forward In the process? Yes No Total Votes %Yes %No
Total 169 4lS 694 38.76" 61.14%
Meeting 2 39 22 63.93% 36.07"
Meetlna Total 39 22 61 63.93" 36.07"
New Participant Survey 170 3S7 32.26% 67.74%
Meeting 1 Participant Survey 60 46 56.60% 43.40%
Survey Total 230 403 633 36.33% 63.67"
26
7_7
--
Should this design move forward In the process? Yes No Total Votes "Yes %No
Totll 2ll 479 691 30.61% 69.32%
Mee11ng 2 25 35 41.67% 58.33%
Meetlna Total 2S 35 60 4Ui7% 58.33%
New Participant Survey 147 379 27.95% 12.05"
Meetons 1 Partiopant Survey 40 65 38.10% 61.90%
Surwy Total 187 444 631 29.64% 70.36%
27
2..8
Should this design move forward in the process? Yes No Total Votes %Yes %No
'Total 279 410 689 40.49% 59.51%
Meeting2 31 27 53.45% 46.55%
Meeting Total 31 27 58 53.45% 46.55%
New Participant Survey 20S 321 38.97% 61.03%
Meeting 1 Participant Survey 43 62 40.9S% 59.0S%
Survey Total 248 ~3 631 39.30% 60.70%
28
Should this design move forward In the process? Yes No Total Votes %Yes %No
Toul 241 446 687 35.08% 64.92%
Meeting 2 20 36 3S.71% 64.29%
Meetlna Total 20 36 56 35.71% 64.29%
New Participant Survey 170 3S6 32.32% 67.68%
Meeting 1 Participant Survey Sl 54 48.57% 51.43%
Survey Total 221 410 631 35.02% 64.98%
29
30
Should this design move forward In the process? Yes No Tot1IVotes %Yes %No
Total 189 soo 619 27.43% 72.57%
Meeting2 17 42 28.81% 71.19%
Meetina Total 17 42 59 28.81% 71.19%
New Partlopant Survey 150 3?5 28.57% 71.43%
Meetong 1 Panidpant Survey 22 83 20.95% 79.05%
Survey Total 172 458 630 27.30% 72.70%
30
3\
·--
Should this design move forward In the pr~en7 Yes No Total Votes %Yes "No
Toe .. U9 341 617 49.3C% 50.66%
Meetlng2 43 14 75.44" 24.56%
Meetlnc Total 43 14 57 75.44% 24.56%
New Participant Survey 231 294 44.00% 56.00%
Meeting 1 Partklpant Survey 65 40 61.90% 38.10%
Survey Total 296 334 630 46 •. 98% 53.02%
31
......
Should this deslcn move forward In the process? Yes No Total Votes %Yes "No
Total 279 401 617 40.61" 59.39%
Meetlng2 29 28 50.88% 49.12%
Meetlna Total 29 28 57 50.118% 49.U "
New Partlcopant Survey 190 335 36.19% 63.81"
Meeting 1 Participant Survey 60 45 57.14% 42.86%
Survey Total 250 380 630 39.68% 60.32%
32
3.3
--
Should tl>is deslcn move forwatd In lht proteJs? Yes No Touol Voles "Yes %No
Toal 2U •54 611 J).IZ% 66.18%
Meeting2 33 25 5~ 43.1011
MMtinsTObl 33 25 sa 56.9011 43.1011
Now Participant S<Hwy 163 ]l;O )l.l~ 68.83')(,
MutJnc I Participant S<Hwy 36 69 3'~ 6S7UI
5<1.-wy T Obi 199 «29 ,11 )L69% 61.11"
33
34
Should this d~lan move forward In the proc~s? Yes No Total Votes %Yes %No
Toe. I m 451 w JU7% 66.03%
Meetong 2 24 34 41.38% 58.62%
Meetlna Tot•l 24 34 58 41.38% 58.62%
New Panldpant survey 173 347 33.27% 66.73%
Meetong 1 Panlopant Survey 35 70 33.33% 66.67%
SUrvey Total 208 417 625 33.28% 66.72%
~~~# .... ~ .,. City of •
.. ~Wlieat~e ~OFFICE OF THE Crrv MANAGER
Memorandum
TO: Mayor and City Council
FROM : Patrick Goff, City Manager f:i>-
DATE: February I, 2016
SUBJECT: Review of Council Rules of Order and Procedure
ISSUE:
The Charter of the City of Wheat Ridge provides that the Council may detennine its own rules of
procedure for meetings. Section C of Suspension and Amendment of These Rules states "These
Rules will be reviewed by Council within three months of an election ... "
PRIOR ACTION:
Council Rules of Order and Procedure were last amended in 2014. At the April 21 , 2014 Study
Session, numerous sections of the Rules were discussed and recommended for change. The City
Attorney incorporated all of the recommended changes and reorganized the numbering. The City
Council approved the Council Rules of Order and Procedure as amended on Apri128, 2014.
RECOMMENDATIO N:
Council should review the Rules and Procedure and propose any recommended changes. If there
are proposed changes, they will be placed on the next CouncH agenda for consideration.
ATTACHMENTS:
'I . Rules of Order and Procedure
""'J.~
I? ~ityof Wheat~ge
RULES OF ORDER AND PROCEDURE
CITY COUNCIL
WHEAT RIDGE, COLORADO
Adopted: April28, 2014
Amended: ___ _
TABLE OF CONTENTS
I. AUTHORITY 3
11. CITIZENS' RIGHTS 3
ill. CHAIR, MAYOR PROTEM AND THEIR DUTIES 4
IV. CHAIR 4
MAYOR PROTEM ........................................................................................... 4
CITY CLERK .................................................................................................. 5
CITY ATTORNEY ............................................................................................ 5
PARLIAMENTARIAN AND RULES OF ORDER ....................................................... 5
V. COUNCIL MEETINGS AND MEETING PROCEDURES 6
TYPES OF MEETINGS ..................................................................................... 6
STUDY SESSIONS .......................................................................................... 6
ADJOURNED MEETINGS .................................................................................. 6
EXECUTIVE SESSIONS ................................................................................... 6
MEETING NOTICES AND REQUIREMENTS .......................................................... 6
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS ................................................................................................ 7
ABSENCES .................................................................................................... 7
RIGHT OF THE FLOOR .................................................................................... 8
ELECTED OFFICIALS MATTERS ........................................................................ 9
VI. ORDER OF BUSINESS AND THE AGENDA 9
ORDER OF BUSINESS ..................................................................................... 9
AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS ............................. 9
INITI ATING AND ADDING AGENDA ITEMS ...................................................... 10
PUBLIC HEARINGS ....................................................................................... 11
ORDINANCES ON FIRST READING ................................................................. 11
TIME OF ADJOURNMENT ............................................................................... 11
VII. RECONSIDERATION 12
VIII. SUSPENSION AND AMENDMENT OF THESE RULES 12
SUSPENSION .............................................................................................. 12
AMENDMENT ............................................................................................... 12
REVIEW ...................................................................................................... 13
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RULES OF ORDER AND PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO
I. AUTHORITY:
Sections 4. 7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge
authorize the City Council to determine its own rules of order and procedure for
meetings. The following 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.
I I. CITIZEN'S RI GHTS
A. CffiZENS' RIGHTS:
1. Any person may speak only once per meeting for a maximum of
three (3) minutes on any item other than Agenda items.
2. Persons desiring to speak on an Agenda item are requested to sign
the appropriate roster in Council Chambers. Speakers shall confine
their remarks to the relative item. There shall be no time limit
applied to Citizens' Comments on any scheduled Agenda item unless
deemed appropriate by the Chair.
3. There shall be no restriction on the number of citizens who wish to
speak.
4. The content of any speaker's comments cannot be censored .
5. 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.
6. The Chair will entertain no written comments from the public unless
a member of the public representing the author is present to read
them into the record. A Council Member may read written comments
into the record with the approval of the majority of the Council
present.
7. Council has the choice whether or not to respond to citizens after the
closure of the Citizen Comment portion of the meeting.
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8. All written communications to Council must be signed. If not signed,
the written communications may not be accepted.
III. CHAIR, MAYOR PROTEM, CITY CLERK, CITY ATTORNEY,
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS
A. CHAIR:
1. The Mayor shall preside over the meetings of the Council.
2. In the absence of the Mayor, the Mayor Pro Tern shall preside.
3. The Chair 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 minority opinion may
be expressed and that the majority be allowed to rule.
B. MAYOR PROTEM:
1. At the first or second Regular meeting in November of each year, the
Council shall nominate, by secret paper ballot, and elect by motion
upon a majority vote, a Mayor Pro Tern who shall serve until their
successor is elected. The procedure shall be as follows:
• The presiding officer will announce that the floor is open for
nominations for the position of Mayor Pro Tern.
• Nominations will be taken from City Council members by voice.
No second is needed.
• Each nominee will have the opportunity to address the Council.
• Each Council member will mark the paper ballot with the name of
the nominee they wish to vote for and fold the paper in half to
ensure secrecy.
• The City Clerk will collect the ballots, tally the results, and return
the written name of the majority vote receiver to the presiding
officer, who will announce the highest vote getter.
• In the event of a tie, the Mayor will cast a paper ballot, to be
delivered to the City Clerk for inclusion into the election tally.
• A motion and second is then in order to elect, the highest vote
getter to the position of Mayor Pro Tern. The Council is
encouraged to confirm the nomination unanimously; however,
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Council Members are not required to vote for this person. If the
motion is not carried, additional motions are in order until a
Mayor Pro Tern is elected by a majority of Council.
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 prior to Council Meetings and adding emergency items for
discussion if necessary. The Mayor Pro Tem shall have the authority
to remove any item from the Agenda of any Regular Meeting or
Study Session with the exception of: (a) an item placed on the
Agenda by two (2) Council Members prior to the meeting pursuant to
Rule V.D.l; or (b) an item added by the Council by majority vote
during any meeting pursuant to Rule V.D.l.
4. The Mayor Pro Tem shall arrange for and coordinate the orientation
of all newly elected officials within two (2) months after the election.
C. CITY CLERK:
The City Clerk, or designated representative, shall attend all meetings of Council
and shall keep the official 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. PARLIAMENTARIAN AND RULES OF ORDER:
1. The Mayor Pro Tem shall also function as the Council
Parliamentarian, and may call upon the City Attorney for a
recommendation on procedure, if desired.
2. The Parliamentarian shall advise the Chair and members of Council
on parliamentary rules.
3. The Rules contained in the current edition of Robert's Rules of Order,
newly revised, shall advise the Parliamentarian regarding questions
of order and procedure in all cases to which they are applicable and
in which they are not inconsistent with these Rules, the Wheat Ridge
Home Rule Charter, the Wheat Ridge Code of Laws or other laws
governing the City.
4. In cases where the Rules contained in the current edition of Robert's
Rules of Order, newly revised, are inconsistent with these Rules,
these Rules control.
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5. The Mayor (or the Mayor Pro Tern, if presiding), shall be the final
authority on all points of order procedure, subject to override upon a
three-fourths (3/4) majority vote of the entire Council.
IV. COUNCIL MEETINGS AND MEETING PROCEDURES
A. TYPES OF MEETINGS:
1. The Council meets in the Municipal Building for Regular, Adjourned,
Special Meetings, and Study Sessions.
2. Regular Meetings are held the second (2"d) and fourth (4th) Monday
of each month at 7:00 PM unless otherwise provided by amendment
of these Rules.
3. Study Sessions are held the first (1st) and third (3rd) Monday of
each month at 6:30PM, unless otherwise provided by amendment of
these Rules.
B. STUDY SESSIONS:
1. 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, with exception of
consensus votes to schedule or decline to schedule a matter for
consideration at a Regular or Special Meeting, which may, however,
be reconsidered after six (6) months as permitted by Rule V.D.3.
Unless an issue is disposed of at a Regular, Adjourned, or Special
Meeting, it may be amended or reconsidered in that or any future
Study Session.
2. Public Comment will be allowed at the beginning of a Study Session
for only those items on the agenda and each speaker is limited to a
maximum of three (3) minutes.
C. 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 Regular Meeting.
D. EXECUTIVE SESSIONS:
1. The Council may meet in Executive Session on a vote of a majority of
City Council in a Regular or Special Meeting (Charter-Section 5. 7).
2. No notes may be taken during an Executive Session except by the
City Clerk and/or City Attorney.
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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.
E. MEETING NOTICES AND REQUIREMENTS:
1. Five (5) or more Council Members 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 Clerk's room in City Hall.
a) Copies of the notice shall be given to all City Council Members
and 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 (3) or four (4) 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 (2) Council Members, whether
in person or by telephone, whether or not the Mayor also attends,
shall not be subject to any of the requirements of this Rule.
4. All Meetings (other than those between only two (2) Council
Members and/or the Mayor) shall be open to members of the public
and the press.
F. ATTENDANCE 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 limitation, intergovernmental organizations,
neighborhood organizations, business and service organizations, and
other organizations or groups with which 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 (3) or more members of the Council, is
open to the public, pursuant to Section 24-6-401, et seq., C.R.S.
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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 IV.E.
G. ABSENCES:
In the event that a Council Member expects to be absent from a Regular Meeting
or Study Session, the Member shall notify the City Clerk, and the City Clerk will
duly notify the City Council at the beginning of the meeting.
H. RIGHT OF THE FLOOR:
1. This Rule III.H shall apply only to Regular, Special and Adjourned
Meetings, and not to Study Sessions, unless specifically noted. The
presiding officer must first recognize each Council Member
requesting to speak unless limited by a motion to limit debate or for
calling the question. (applicable also to Study Sessions)
2. Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the agenda item. (applicable also
to Study Sessions)
3. Members of Council shall avoid personal attacks and refrain from
impugning the motives of any member's argument or vote.
(applicable also to Study Sessions)
4. Following introduction of an agenda item, a staff report, if any, and a
motion, each Council Member shall have the right to ask questions of
staff or discuss an agenda item with staff. Council Member questions
are limited to three (3) minutes each, two (2) times. Staff responses
are not included in the time. Following question time, Council
Members may engage in debate of the issue at hand prior to voting.
The debate may consist of two (2) rounds with each Council Member
having one opportunity per round to speak in turn. The first round
may consist of a statement of position on the issue by each Council
Member not to exceed four ( 4) minutes. The second round may
consist of responses to position stated by other Council Members not
to exceed two (2) minutes.
5. 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.
6. In the event of an amendment to an agenda item motion, the maker
of the amendment shall have one (1) three (3) minute period to
make the amendment and speak to the amendment. All other
Council Members shall have one (1) two (2) minute period to speak
to the amendment.
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I. ELECTED OFFICIALS' MATTERS:
This is the time elected officials and staff may make comments on any subject.
Time limit per elected official and staff will be five (5) minutes.
V. ORDER OF BUSINESS AND THE AGENDA
A. SCOPE OF RULE : This Rule V shall apply only to Regular, Special and
Adjourned Meetings, and not to Study Sessions, unless specifically noted.
B. ORDER OF BUSINESS:
The general rule as to the Order of Business in Regular Meetings is stated thus:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• PROCLAMATIONS AND CEREMONIES
• CmZENS 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
• CITY MANAGER'S MATTERS
• CITY ATTORNEY 'S MATTERS
• ELECTED OFFICIALS' MATTERS
• EXECUTIVE SESSION (AS NEEDED)
• ADJOURNMENT
C. AGENDA : PREPARATION AND INITIATION OF AGENDA ITEMS
1. The order of business of each meeting shall be as contained in the
Agenda prepared by the Mayor Pro Tern.
2. By majority vote of the City Council during any City Council meeting,
including any Study Session, the order of business for that meeting
may be changed. The City Manager and City Attorney may propose
to add items to the Agenda of such meetings under "Approval of
Agenda," subject to approval by a majority of the Council.
3. Agenda shall be listed by topic of subjects to be considered by the
Council and shall be distributed by 5:00PM on the Thursday prior to
the Monday of the Regular Meeting. In the event of a holiday, the
-9-
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 PM on that day in order to be
included in the Council packet.
5. A majority of Council Members present is required to direct the City
Attorney or staff to draft an ordinance to be included on the agenda.
6. A majority vote of City Council Members present may add, change
the order of, or delete an item from the agenda, under "Approval of
Agenda." In Regular Meetings, this must be done before Public
Hearings and Second Readings.
7. Th e first option of introducing Agenda Items shall go to a
representative of the Council District to which the Agenda Item
pertains or to the Council Member who initiated the item. 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. Fiscal Notes. The City Manager may prepare a brief explanatory note
that shall include a reliable estimate of the anticipated change in the
expenditures or revenues to the City and whether such expenditures
or revenues shall be recurring in nature during future budgets years.
Th is shall include any principal and interest payments required to
finance expenditures.
9. Council cannot approve an appropriation under City Manager's
Matters, City Attorney's Matters, or Elected Officials' Matters.
D. INITIATING AND ADDING AGENDA ITEMS:
1. Council Members or the Mayor may each 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 a Regular Meeting or
a Study Session, subject to the scheduling authority of the Mayor Pro
Tem under Rule II.B.3. It is the intent of this Rule that no more than
two (2) agenda items may be initiated by the Mayor or any Council
Member during any single month.
2. If a Council Member asks that an item be added to the Agenda for
any Regular Meeting or Study Session, it is the responsibility of that
Council Member to provide backup material for the Council packet as
-10-
to the subject or arrange for that backup material to be prepared.
No item may be included in the Agenda without proper backup.
3. Other than by reconsideration pursuant to Rule VI, once an item has
been decided by a formal Council vote at any Regular, Special or
Adjourned Meeting [or by a binding consensus vote at any Study
Session under Rule IV.B.l] it is not eligible to be added to a future
agenda for six (6) months.
4. 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.
5. During a Regular Meeting, under the Elected Official's, City Manager's
or City Attorney's matters portion of the agenda, or at a Study
Session, a Council Member, the City Manager, or the City Attorney
may request that a motion be made to add an item to a future
Agenda for consideration, subject to ap proval by the Council by a
majority vote (for addition to a Regular Meeting Agenda) or a
consensus vote (for additions to a Study Session Agenda).
6. The City Manager may add administrative and operational items to
the agenda during "Approval of Agenda."
E. PUBLIC HEARINGS:
All speakers are requested to sign up on the appropriate roster, indicating
whether they intend to speak 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.
F. 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/Second Reading.
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 these
Rules.
G. TIME OF ADJOURNMENT:
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At 11:00 PM, 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 three-fourths (3/4) majority vote of the Council Members
present, complete all or portions of the remaining Agenda .
2. Acting by a majority vote, schedule any unfinished items for a future
Regular or Special Council Meeting.
3. Acting by majority vote, continue the meeting to a later date and
time certain.
VI. 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 scheduled
Regular Meeting. A continued or rescheduled meeting shall be
considered a next scheduled Regular Meeting for the purpose of
Reconsideration. If not reconsidered at that time, the issue cannot
be placed on any agenda for six (6) months.
3. A motion to reconsider shall require an affirmative vote of a majority
of the entire Council.
4. A Council Member who has been absent from the meeting at which
the item was discussed may vote on the substantive matter following
a successful motion to reconsider provided the Council Member
affirms on the record that he or she has listened to the recording of
that Agenda item.
VII. SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION:
Any provision of these Rules not governed by the Home Rule Charter or Code of
Laws may be temporarily suspended by a three-fourths (3/4) majority vote of
Council Members present.
B. AMENDMENT:
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These Rules may be amended, or new Rules adopted by a majority vote of Council
Members at a Regular or Special Meeting, provided that the proposed
amendments or new Rules shall have been submitted in writing to Council at a
preceding meeting or a Study Session. Any Council Member, or the Mayor, may
initiate an amendment of these Rules in the manner provided for initiation of
agenda items by Rule V.D.
C. REVIEW:
These Rules shall be reviewed by the Council within three (3) months of a Regular
Council Election .
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