HomeMy WebLinkAboutCity Council Agenda Packet 02-25-19 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 25, 2019 7:00 p.m.
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PROCLAMATIONS AND CEREMONIES
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APPROVAL OF AGENDA
CITY COUNCIL AGENDA: February 25, 2019 Page -2-
1. CONSENT AGENDA a. Resolution No. 13-2019 – designating th3e City Hall Lobby as the Official Public Notice Posting Location and the Wheat Ridge Transcript as the Official Newspaper of General Circulation for City Publications in 2019
b. Motion to approve the installation of a Traffic Calming Device on Carr Street
between 38th and 41st Avenues in accordance with the Neighborhood Traffic Management Program c. Motion to award the 44th and Youngfield sidewalk and drainage project and approve subsequent payments to Keci Colorado Inc., Sedalia, CO, in the
amount of $97,579, with a contingency amount of $9,760, for a total not-to-
exceed amount of $107,339 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 14-2019 – establishing a street width for 52nd Avenue from Ward
Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from tabor Street to the City Boundary East of Simms Place ORDINANCES ON FIRST READING
3. Council Bill 02-2019 – approving a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4000-4066 Upham Street (Case No. WZ-18-17/Ridgetop Village)
4. Council Bill 03-2019 - amending Section 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and the Liquor Licensing Authority
DECISIONS, RESOLUTIONS AND MOTIONS 5. Motion to approve appointments to Boards and Commissions 6. Motion approving the revised Council Rules of Order and Procedure dated
February 25, 2019
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION
ITEM NO: DATE: February 25, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 13-2019 - A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE
OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2019 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
City Clerk City Manager
ISSUE: State statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published.
PRIOR ACTION: In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications; official posting location has been the City Hall Lobby.
FINANCIAL IMPACT:
None BACKGROUND: None
RECOMMENDATIONS: It is recommended the City continue to use the same newspaper and posting location as in previous years.
Council Action Form – Official Publication Notice Location
February 25, 2019
Page 2 RECOMMENDED MOTION: "I move to approve Resolution No. 13-2019, a resolution designating the City Hall Lobby as the
official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications in 2019.” Or,
"I move to postpone indefinitely Resolution No. 13-2019, a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications for the following reason(s) _______________________."
REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Janelle Shaver, City Clerk
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 13-2019
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13
Series of 2019
TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL
NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2019 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and
WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish
certain notices.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Public notice of public meetings of the City Council, Planning
Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City.
Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript; except that, where circumstances make publication ineffective or otherwise
undesirable, the City may publish official notice on the City’s website.
Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this 25th day of February 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ITEM NO: DATE: February 25, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE INSTALLATION OF A
TRAFFIC CALMING DEVICE ON CARR STREET
BETWEEN 38TH AND 41ST AVENUES IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Engineering Manager City Manager
ISSUE: Residents on Carr Street petitioned the City to address traffic issues for the segment between 35th and 41st Avenues. Staff followed the process outlined in the City’s Neighborhood Traffic
Management Policy (NTMP), to address traffic issues, primarily speeding. Residents subsequently secured a petition with the necessary amount of signatures to support the installation of speed humps as traffic calming devices.
PRIOR ACTION: None
FINANCIAL IMPACT: Funding for this program was approved in the Neighborhood Traffic Management Projects line item of the 2019 Capital Improvement Program Budget in the amount of $35,000. Speed humps are estimated to cost approximately $6,000 each.
BACKGROUND: On April 28, 2014, Council approved the NTMP to systematically address potential traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by reducing the negative impact of vehicular traffic on residential streets. The program guide
Council Action Form – Traffic Calming Device – Carr Street
February 25, 2019
Page 2 was established with a policy and intent to explore available means such as enforcement,
education, and engineering solutions to address identified concerns and issues. The policy intent
is also to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP essentially provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions,
signs, speed trailers, enforcement, and other traffic control measures as requested and as
applicable.
On April 23, 2018, Carr Street residents filed a request for NTMP consideration to discuss traffic issues on Carr Street between 35th and 41st Avenues. A meeting was conducted on July 22, 2018 with the residents to examine the extent of the problems and to explore available remediation. A
traffic study was conducted to analyze traffic speed, volume, and vehicle classification. In
addition, the engineering evaluation also looked at sight distance, drainage, and roadway geometry. Staff determined that the street segment is suitable for traffic calming treatments.
Subsequent to the evaluation and findings, the residents elected to move forward with a permanent traffic calming solution, specifically speed hump installation. Staff identified two
locations, see Attachment 1, for treatment for the requested segment between 38th and 41st
Avenues with the intent to reduce excessive speeding. This segment of Carr Street is not part of an emergency route and is therefore eligible for traffic calming features in the roadway. A petition was received on October 26, 2018 to move forward with installation.
In accordance with the City’s adopted NTMP, speed humps can be ordered for installation by the
City Council if at least 80% of residents in a designated street segment area sign the petition,
including the residents who reside immediately adjacent to the speed hump. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for two speed humps.
RECOMMENDATION: Residents on Carr Street between 38th and 41st Avenues have satisfied the process outlined in the
NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with the installation of two speed humps on Carr Street.
RECOMMENDED MOTION: “I move to approve the installation of a traffic calming device on Carr Street between 38th and
41st Avenues in accordance with the Neighborhood Traffic Management Program.”
Or,
“I move to not approve the installation of a traffic calming device on Carr Street between 38th and 41st Avenue in accordance with the Neighborhood Traffic Management Program for the following reason(s) .”
Council Action Form – Traffic Calming Device – Carr Street
February 25, 2019
Page 3 REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Proposed Speed Hump Location Map
ATTACHMENT 1
ITEM NO: DATE: February 25, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD THE 44TH AND YOUNGFIELD
SIDEWALK AND DRAINAGE PROJECT AND APPROVE
SUBSEQUENT PAYMENTS TO KECI COLORADO INC., SEDALIA, CO, IN THE AMOUNT OF $97,579, WITH A CONTINGENCY AMOUNT OF $9,760, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $107,339
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Engineering Manager City Manager ISSUE: The 44th and Youngfield Sidewalk and Drainage project provides a sidewalk connection between 44th Avenue and the recently completed Stor-All Storage development at 4370 Youngfield Street. This project meets the City’s goal to close gaps in the sidewalk network on major roadways such as 44th Avenue and Youngfield Street. This project will also provide pedestrian lighting and minor drainage improvements along Youngfield Street.
Staff evaluated the bids along with the company’s references and experience as a basis for recommendation. The lowest responsible and responsive bidder, KECI Colorado Inc., Sedalia, CO, has met the bid and qualification requirements.
PRIOR ACTION: None
Council Action Form – 44th and Youngfield Sidewalk and Drainage
February 25, 2019
Page 2 FINANCIAL IMPACT: Five bids for the 44th and Youngfield Sidewalk and Drainage Project were opened on January 17,
2019. All of the bids met the initial bid requirements and were above engineer’s cost estimate by 1.8% to 41.1%. Staff analyzed the bids and believe the high prices are largely due to the relatively small project size and the increasingly competitive construction market.
The proposals ranged from $97,579 to $135,268. The engineer's estimate was $95,886. Even
though the bid slightly exceeds the engineer estimated amount, it is within the available budget.
Funding for this program has been approved in the 2019 Capital Improvement Program budget in the Public Improvement Projects, Development Related line item 30-303-800-851.
BACKGROUND: The property at 4370 Youngfield Street was approved for development as a storage facility and
completed its construction in September 2018. Sidewalk, lighting, and other street improvements
on the property frontage were also built along with the development. This created a gap of approximately 125 feet of sidewalk along Youngfield from this development to 44th Avenue. As a result, the City initiated a design to fill the gap and therefore provide continuous sidewalk to 44th Avenue. The project consists of the sidewalk, drainage, lighting, and other improvements.
The project also includes grading to enlarge the existing detention basin and stabilization of
disturbed areas.
The lowest responsible and responsive bidder, KECI Colorado Inc., Sedalia, CO with a bid amount of $97,579, has met the bid and qualification requirements. The company’s references and experience check was conducted as part of the bid’s evaluation.
A contingency amount of $9,760 is requested to allow for the cost of other potential
unanticipated items related to the project that can sometimes occur after the commencement of construction.
RECOMMENDATION: Based upon the contractor's demonstrated capabilities and performance on previous projects and
due to available budget, Staff recommends that a contract be awarded to KECI Colorado Inc.
RECOMMENDED MOTION: “I move to award the 44th and Youngfield Sidewalk and Drainage project and approve subsequent payments to KECI Colorado Inc., Sedalia, CO in the amount of $97,579, with a contingency amount of $9,760 for a total not-to-exceed amount of $107,339.”
Or,
“I move to deny the award of the 44th and Youngfield Sidewalk and Drainage project to KECI Colorado Inc., Sedalia, CO for the following reason(s) _______________________.”
Council Action Form – 44th and Youngfield Sidewalk and Drainage
February 25, 2019
Page 3 REPORT PREPARED/REVIEWED BY: Mark Westberg, Projects Supervisor
Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS: 1. Bid Tab Sheet
2. Project Map
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ATTACHMENT 2
ITEM NO:
DATE: February 25, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2019 – A RESOLUTION ESTABLISHING A STREET WIDTH FOR 52nd AVENUE FROM WARD ROAD TO TABOR STREET, FOR TABOR STREET FROM 52nd AVENUE TO RIDGE ROAD, AND FOR RIDGE ROAD FROM TABOR STREET TO THE CITY BOUNDARY EAST OF SIMMS PLACE
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Engineering Manager City Manager ISSUE:
The Wheat Ridge · Ward Station area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent sales and use tax rate increase. Wheat Ridge and Arvada have been cooperating in assessing improvements to several streets in the station area. 52nd Avenue, Tabor Street and Ridge Road
will all be widened which requires new street width designations in accordance with Section 5.20
of the City Charter.
PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have
occurred at various stages in these processes. Council was most recently updated on January 7,
2019 on the status of the Wheat Ridge · Ward Station planning area and on private developments in the area. Prior actions specifically related to the three roadway improvements include the following:
Council Action Form – Ward TOD Street Width Designations
February 25, 2019
Page 2
• On August 27, 2018, Council approved a contract for design services with Short Elliot
Hendrickson, Inc. (SEH) to design and prepare construction drawings for the first three task orders. These task orders covered 52nd Avenue east of Ward Road, Tabor Street between Ridge Road and 52nd Avenue, and Ridge Road east of Tabor Street.
• On November 19, 2018, Council directed staff not to pursue improvements to the
segment of 52nd Avenue east of Tabor Street that would have provided a roadway connection to the proposed Haskins Station development in Arvada.
• On December 10, 2018, Council approved a contract for right-of-way (ROW) acquisition services with HDR, Inc. to prepare deeds and acquire ROW for the first task order for
Ridge Road east of Tabor Street.
• On January 7, 2019, Council directed staff to continue to work on the potential project list that was presented.
• On January 14, 2019, Council authorized staff to acquire ROW along the north side of
Ridge Road east of Tabor Street. The authority to pursue eminent domain, if necessary, was deferred to a later date. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf.
• Lastly on January 28, 2019, Council approved an IGA with the City of Arvada to
cooperate in improving three streets in the Wheat Ridge · Ward Station area, including sharing the costs on two of those streets.
FINANCIAL IMPACT: There is no financial impact in establishing street width designations.
BACKGROUND: Whenever the width of an existing street is changed, Council must designate the new width of the street in accordance with Section 5.20 of the City Charter. The revised width of the affected streets has been reviewed in accordance with the City Code, Section 21-3, as follows:
1. Flow line – The width of the street is based on the flow line for streets with curb and is defined as the face-of-curb to face-of-curb distance.
a. 52nd Avenue (Ward Road to Tabor Street), see Attachment 2 for the proposed street plans. i. Existing flow line width varies between 42 feet near Ward Road and 23 feet for most of the corridor. ii. Proposed flow line width is 35 feet to meet the 3-lane collector street standards,
which provides for:
• Two 10-foot-wide travel lanes
• One 11-foot wide center turn lane
• Two 2-foot wide gutters b. Tabor Street (52nd Avenue to Ridge Road), see Attachment 3 for the proposed street plans. i. Existing flow line width varies between 35 feet near Ridge Road and 22 feet for most
of the corridor.
Council Action Form – Ward TOD Street Width Designations
February 25, 2019
Page 3 ii. Proposed flow line width is 38 feet to meet the 2-lane with on-street parking local
street standards, which provides for:
• Two 11-foot-wide travel lanes
• Two 6-foot wide parking lanes
• Two 2-foot wide gutters iii. At either end, Tabor Street does not have the on-street parking and so is not as wide. However, the length of those segments is less than 300 feet so only one width needs to be designated. c. Ridge Road (Tabor Street to the City boundary east of Simms Street), see Attachment 4
for the proposed street plans. i. Existing flow line width varies between 40 feet near Tabor Street and 25 feet for most of the corridor. ii. Proposed flow line width is 43 feet to meet the 3-lane with bike lanes collector street standards, which provides for:
• Two 10-foot-wide travel lanes
• One 11-foot wide center turn lane
• Two 6-foot wide bike lanes including the 2-foot wide gutters
2. Street Reconstruction a. Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb, and/or gutter and construction of the same. b. All three streets are considered to be reconstruction projects. 3. Public Hearing Process
a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width. b. After the public hearing on February 25, 2019, some form of construction must occur by February 25, 2020. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed (NTP) to a contractor who has been awarded a contract through the
public bidding process. c. Prior to the end of the public hearing, citizens who wish to protest the street width designation can file a protest petition that requires a ¾ vote of the entire Council. d. Upon approval of a street width designation at the public hearing, citizens who wish to protest must follow the procedure in the City Charter to file a petition with 45 days.
Street Construction Schedule All the streets are already well into the design process, with the construction plans being completed later this spring. The ROW acquisition process has also started and is expected to be completed concurrently with the construction plans. The NTP for construction is expected to be issued this summer, so meeting the deadline for the street width expiration is achievable, pending
any unforeseen issues.
RECOMMENDATIONS: Staff recommends approval of the street width designation for all three streets in order to advance the voter approved investment into the Wheat Ridge · Ward Station area.
Council Action Form – Ward TOD Street Width Designations
February 25, 2019
Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 14-2019, a resolution establishing street widths for 52nd
Avenue from Ward Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from Tabor Street to the City boundary east of Simms Street.” Or,
“I move to postpone indefinitely Resolution No. 14-2019, a resolution establishing street widths for 52nd Avenue from Ward Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from Tabor Street to the City boundary east of Simms Street for the following reason(s) ____________________________________.”
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 14-2019 2. Proposed Street Plan – 52nd Avenue 3. Proposed Street Plan – Tabor Street
4. Proposed Street Plan – Ridge Road
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14
Series of 2019
TITLE: A RESOLUTION ESTABLISHING A STREET WIDTH FOR 52ND AVENUE FROM WARD ROAD TO TABOR STREET, FOR TABOR STREET FROM 52ND AVENUE TO RIDGE ROAD, AND
FOR RIDGE ROAD FROM TABOR STREET TO THE CITY BOUNDARY EAST OF SIMMS PLACE WHEREAS, the Cities of Wheat Ridge and Arvada have facilities within the Wheat Ridge · Ward Station area; and
WHEREAS, the Cities of Wheat Ridge and the Arvada have programmed various
street improvements within the Wheat Ridge · Ward Station area; and
WHEREAS, City staff has completed preliminary plans for those street improvements; and
WHEREAS, the preliminary plans establish new street widths on 52nd Avenue
from Ward Road to Tabor Street, on Tabor Street from 52nd Avenue to Ridge Road, and
on Ridge Road from Tabor Street to the City boundary east of Simms Place; and
WHEREAS, Wheat Ridge Home Rule Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and
WHEREAS, within one (1) year prior to construction or reconstruction of a street,
the City Council shall hold a public hearing and adopt the new flowline of said street as the street’s official street width designation; and
WHEREAS, in compliance with Charter Section 5.20 and Section 21-3(c) of the Code of Laws, the City Council held a properly noticed public hearing on the proposed
street width designations on February 25, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. New Street Width Designation. Pursuant to the authority vested in it by Charter Section 5.20, the City Council hereby designates street widths for portions of
52nd Avenue, Tabor Street, and Ridge Road, as follows:
a. 35 feet for that portion of West 52nd Avenue located between Ward Road and Tabor Street b. 38 feet for that portion of Tabor Street located between West 52nd Avenue and Ridge Road
c. 43 feet for that portion of Ridge Road located between Tabor Street and the
City boundary east of Simms Place
ATTACHMENT 1
2
Section 2. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this 25th day of February, 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
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ITEM NO: DATE: February 25, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2019 – AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-THREE (R-3) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN
OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY
LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-17 / RIDGETOP VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/08/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4000 to 4066 Upham Street. The purpose of this request is to prepare the property for development of a 38-unit townhome project.
PRIOR ACTION: Planning Commission heard this request at a public hearing on February 7, 2019. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading.
FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,050.00 were collected for the review and processing of Case No. WZ-18-17.
Council Action Form – 4000-4066 Upham Street Rezoning
February 25, 2019
Page 2 BACKGROUND: Current Zoning/Property Description
The subject property is located on the east side of Upham Street between W. 38th Avenue and W. 44th Avenue. The property is currently comprised of four lots, each containing a single-family home. The homes are small by contemporary standards and particularly small relative to their respective lots; the Jefferson County Assessor classifies three of them in “fair” condition and the
fourth in “average” condition. The applicant purchased all four lots in mid-2018, and the total size
is 1.9 acres. The subject property is zoned Residential-Three (R-3) and is immediately surrounded by residential zoning, including R-2 and R-3. The R-3 zoning designation allows for single-, two-, or
multi-family development up to 12 units per acre. The R-3 district is established to provide high
quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character.
Surrounding Land Uses
Upham Street is ½-mile in length between 38th and 44th Avenues and includes a wide mix of land uses. The subject property is in the middle third of this block. Immediately to the north is a 2½-story apartment building, which was constructed in 1960 and includes 23 units. Further north along Upham are a mix of single-family homes as well as the four-story Town Center Apartment
buildings at 44th Avenue. Across Upham Street to the west of the subject property are three
mid-century apartment complexes and two single-family homes. The densities for the multifamily projects that immediately surround the subject site range from 20 to 26 units per acre. Those that exceed the City’s maximum 21 dwelling units per acre are considered legally nonconforming because they predate the City’s incorporation.
Immediately to the south of the subject property is a single-family home zone R-3. Further south, Upham transitions from a residential neighborhood to mixed use as it approaches 38th Avenue. Land uses include an office building, fire station, Stevens Elementary, and the four-story West End 38 mixed use development. Zoning at the south end of the block is Mixed Use-Neighborhood
(MU-N) and Mixed Use-Commercial (MU-C).
Behind the subject property to the east is a campus owned by Jeffco Public Schools including Stevens Elementary, Sobesky Academy, and outdoor play fields. The school property is approximately 19 acres in size and extends to Reed Street.
Proposed Zoning and Outline Development Plan The proposed Planned Residential Development zoning and Outline Development Plan are intended to accommodate 38 townhome units. Each of the units will have an attached, rear-loaded two-car garage. Two curb cuts on Upham will provide access into the project. In many respects,
the project complies with the existing R-3 zone district, including height, most setbacks, parking,
and open space. The proposed density is nearly 21 units per acre which is compatible with surrounding projects and complies with Charter limitations on maximum residential density. A
Council Action Form – 4000-4066 Upham Street Rezoning
February 25, 2019
Page 3 unique feature of the proposed development is the focus on open spaces amenities. The alley
widths are designed as narrow as possible to provide ample front yard space for each unit. In
addition, the project is designed around a central open space amenity. Because the property exceeds one acre in size and because of the proposed density, it is eligible to be rezoned only to a PRD or a mixed use district; the former is considered more appropriate by
staff in this infill location. A complete analysis of the zone change criteria and ODP will be
included with the ordinance for second reading. Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two
documents. The first is the Outline Development Plan, which, if approved, changes the zoning
designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design.
Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting concurrent review of all three applications: ODP, SDP, and plat. Because the zone change is the only document approved by ordinance, it is the only component that
requires a first reading. All three applications—the ODP, SDP, and plat—will be presented
together at the public hearing. RECOMMENDATIONS: The subject of this Council Action Form is a rezoning of the subject property. This action
is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the
application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing.
Council Action Form – 4000-4066 Upham Street Rezoning
February 25, 2019
Page 4 RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2018, an ordinance approving the rezoning of property
located at 4000-4066 Upham Street from Residential-Three (R-3) to Planned Residential Development (PRD) with approval of an Outline Development Plan, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, April 8, 2019 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 02-2018
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 02 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM
RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-17 / RIDGETOP VILLAGE)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and,
WHEREAS, Upham Partners, LLC submitted a land use application for approval
of a zone change to the Planned Residential Development (PRD) District for property at
4000, 4042, 4062, and 4066 Upham Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing
stock and household types, and reinvestment in the town center area and 38th Avenue
corridor; and, WHEREAS, the subject property is at the crossroads of the neighborhood, neighborhood transition, town center, and downtown Wheat Ridge designations within
the Comprehensive Plan and 38th Avenue corridor plans; and, WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on February 7, 2019 and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Upham Partners, LLC for approval of a zone change ordinance from Residential-Three (R-3) to Planned Residential Development (PRD) for property located at 4000-4066 Upham Street, and pursuant to the findings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change is approved
for the following described land: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ATTACHMENT 1
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 23; THENCE S41°50’16”E A DISTANCE OF 1960.91 FEET TO THE POINT OF BEGINNING;
THENCE S00°14’00”E ALONG THE EAST LINE OF SAID EAST 1/2 A
DISTANCE OF 264.61 FEET; THENCE S89°39’47”W A DISTANCE OF 328.96 FEET TO A POINT ON THE WEST LINE OF SAID EAST 1/2;
THENCE N00°13’09”W ALONG SAID WEST LINE A DISTANCE OF 55.00 FEET; THENCE N89°39’47”W A DISTANCE OF 20.00 FEET;
THENCE N00°13’09”W ALONG A LINE THAT IS 20.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE A DISTANCE OF 209.63 FEET; THENCE N89°39’59”E ALONG A LINE THAT IS 132.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID EAST 1/2 A DISTANCE OF
308.89 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS (82,849 SQUARE FEET) 1.9020 ACRES AND IS KNOWN AS 4000 – 4066 UPHAM STREET.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 25th day of February 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, April 8, 2019 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it
takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019.
SIGNED by the Mayor on this _______ day of _______________, 2019.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form _______________________________________
Gerald Dahl, City Attorney
1st publication: 2nd publication:
Wheat Ridge Transcript:
Effective Date:
ITEM NO:
DATE: February 25, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2019 – AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/25/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
City Attorney City Manager ISSUE: Consideration of an ordinance permitting the Council to appoint out-of-district members to the
local liquor licensing authority in the event that no qualified in-district residents apply, and requiring in-district appointments, if available, for all boards and commissions upon the expiration or vacation of an out-of-district member’s term. PRIOR ACTION: A consensus was reached by City Council at the February 4, 2019 study session to direct the City Attorney to draft this ordinance. FINANCIAL IMPACT: None
BACKGROUND: Recently, and at various times in the past, there have been occasions when no applications have been received from qualified members of the public for various boards and commissions and the liquor authority, because the applicant(s) does not reside in the particular Council district in
Council Action Form – Appointments to Liquor Authority
February 25, 2019
Page 2 which the vacancy occurs. Code section 2-53 already permits Council to make an out-of-district
appointment in such cases, but section 11-52.5 does not. This ordinance gives Council the same
authority in making liquor board appointments as it has for boards’ and commissions’ appointments. Additionally, the ordinance makes it clear that, in the event an out-of-district appointment for the
authority or a board or commission seat is necessitated by the lack of in-district applicants, the
reappointment of said out-of-district appointee will not occur if eligible in-district applicants are available. RECOMMENDATIONS: Adopt the attached ordinance on first reading.
RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2019, an ordinance amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the
Liquor Licensing Authority on first reading, order it published, public hearing set for Monday,
March 25, 2019 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 03-2019, an ordinance amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the Liquor Licensing Authority for the following reason(s): __________________________________________________________.”
REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 03-2019
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO THE BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and § 31-23-101, C.R.S., the
City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare and therefore has adopted the Wheat Ridge Code of Laws (the “Code”); and
WHEREAS, the Council previously enacted Code § 2-53, concerning the
appointments to City Boards and Commissions, and Code § 11-52.5, establishing its
local liquor licensing authority (the “Authority”) and providing for the appointment of members thereto; and
WHEREAS, the Council now wishes to amend the Code to permit the
appointment of non-district members to the Authority and confirming the preference for district representation upon re-appointment for all boards, commissions and the Authority.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Subsection 2-53(c) of the Wheat Ridge Code of Laws concerning appointment of board and commission members is hereby amended as follows: Sec. 2-53. Qualifications of members; appointment and term; removal;
vacancies.
(c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or
commission. If, after reasonable advertisement, no applications are received
from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident. UPON THE VACATION OR EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID
MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE
ATTACHMENT 1
APPLIED FOR THAT SEAT ON THE BOARD OR COMMISSION. Except as provided HEREIN AND in subsection (e) hereof, all members of boards or
commissions presently serving shall be entitled to complete the terms for
which they were appointed and shall be subject to reappointment at the discretion of city council.
Section 2. Subsection 11-52.5(b) of the Wheat Ridge Code of Laws concerning
Authority members’ appointments is hereby amended as follows: Sec. 11-52.5. - Liquor licensing authority established. (b) The licensing authority for the City of Wheat Ridge shall consist of eight (8)
qualified electors of the city, two (2) from each of the four (4) council districts of
the city, who shall be appointed by the city council. IF, AFTER REASONABLE ADVERTISEMENT, NO APPLICATIONS ARE RECEIVED FROM RESIDENTS WITHIN THE RELEVANT COUNCIL DISTRICT FOR A VACANCY ON THE LIQUOR LICENSING AUTHORITY, THE COUNCIL MAY APPOINT ANY
OTHERWISE QUALIFIED RESIDENT. UPON THE VACATION OR
EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE APPLIED FOR THAT SEAT ON THE LIQUOR LICENSING AUTHORITY. In order to stagger the terms of the licensing authority
members, one of the first two (2) members REPRESENTING from each council
district shall be appointed for a three-year term and one shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for
three-year terms. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of February, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 25, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019.
SIGNED by the Mayor on this _____ day of ____________, 2019. _________________________
Bud Starker, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication:
Second Publication: Wheat Ridge Transcript Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO:
DATE: February 25, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
City Clerk City Manager ISSUE: The City’s Board and Commission seats are due for appointment. The positions were advertised
in the Wheat Ridge Transcript and on Channel 8, Facebook and the City’s Website. Current
members were contacted by mail and asked if they wanted to serve another term. All applications were received and compiled by the City Clerk’s Office and forwarded to the City Council. PRIOR ACTION:
None FINANCIAL IMPACT: None
BACKGROUND: March of the current year is the annual renewal period for Board and Commission appointments. RECOMMENDATIONS: See Applicant List (Attachment 2) for detailed list of positions to be appointed, and applicants.
Council Action Form – Board and Commission Appointments
February 25, 2019
Page 2 RECOMMENDED MOTIONS: See Attachment 1 with Motions
“I move to appoint ______________________ to the Board/Commission, term to expire _______________________. REPORT PREPARED BY:
Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk ATTACHMENTS: 1. Motions for 2019 Board and Commission Appointments by District
2. Applicant List 3. District I Applications 4. District II Applications 5. District III Applications
6. District IV Applications
7. At-Large Applications
MOTIONS for 2019 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT
DISTRICT I
I move to appoint: ______________________ to the Board of Adjustment, term ending 3/2/22
______________________ to the Liquor Authority Board, term ending 3/2/22
______________________ to the Parks and Recreation Commission, term ending 3/2/22 ______________________ to the Planning Commission, term ending 3/2/22
______________________ to the Renewal Wheat Ridge, term ending 3/2/24
DISTRICT II
I move to appoint: ______________________ to the Board of Adjustment, term ending 3/2/22
______________________ to the Building Code Advisory Board, term ending 3/2/22 ______________________ to the Liquor Authority Board, term ending 3/2/22
______________________ to the Planning Commission, term ending 3/2/22
DISTRICT III
I move to appoint: ______________________ to the Liquor Authority Board, term ending 3/2/22
______________________ to the Planning Commission, term ending 3/2/22
______________________ to the Renewal Wheat Ridge, term ending 3/2/24
ATTACHMENT 1
DISTRICT IV I move to appoint:
______________________ to the to the Liquor Authority Board, term ending 3/2/22
AT-LARGE
I move to appoint: ______________________ Alternate to the Board of Adjustment, term ending 3/2/20 (fills a vacancy)
______________________ Alternate to the Board of Adjustment, term ending 3/2/22 ______________________ to the Election Commission, term ending 3/2/21 (fills a vacancy)
Term Ending BOARD DISTRICT Current Member/Re-applied Other Applicants
DISTRICT I
03/02/2019 Board of Adjustment Betty Jo Page/Yes None
03/02/2019 Liquor Authority Robert Alldredge/No Rocco Germano*
03/02/2019 Parks & Rec Commission David Kueter/No Nicole Larsen
03/02/2019 Planning Commission Alan Bucknam/No Shawnna Black, Jahi Simbai
03/02/2019 Renewal Wheat Ridge Michele Koons/Yes None
DISTRICT II
03/02/2019 Board of Adjustment David Kuntz/Yes * None
03/02/2019 Building Code Advisory Robert Phillips/Yes None
03/02/2019 Liquor Authority Anthony Davia/Yes Leonard Ortiz
03/02/2019 Planning Commission Scott Ohm/Yes None
DISTRICT III
03/02/2019 Liquor Authority John Miks/No Rocco Germano*
03/02/2019 Planning Commission Emery Dorsey/No Melissa Antol, Carol Mathews*
03/02/2019 Renewal Wheat Ridge Tim Rogers/Yes None
DISTRICT IV
03/02/2019 Liquor Authority Claudia Worth/No Cynthia Shaw
AT-LARGE
03/02/2020 Board of Adjustment Vacant None
03/02/2019 Board of Adjustment Rocco Germano/No Julianne Stern
03/02/2018 Election Commission Vacant Sunny Garcia
* DENOTES: Lives out of District
ATTACHMENT 2
ATTACHMENT 3
Board & Commission Application
PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER
APPLICATION
APPLICATION FOR APPOINTMENT TO THE:
(BOARD/COMMISSION/COMMITTEE)
DATE: DISTRICT
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:
ARE YOU A REGISTERED VOTER?
WHY ARE YOU SEEKING THIS APPOINTMENT?
DO YOU HAVE EXPERIENCE IN THIS AREA?
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?
ZIP:
SIGNATURE
PLEASE PRINT OR TYPE NAME:
ADDRESS:
HOME PHONE:
BUSINESS or CELL PHONE:
E-MAIL ADDRESS:
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
District 1 Planning Commission
District 1
19 years
Yes
More involvement into the community and how
NO
No
Shawnna Black
2915 Pierce Street 80214
303.503.6233
303.503.6233
sleab@icloud.com
January 19, 2019
I worked in the Technical field as a Systems Consultant and
Project Manager field for 25 years, planning and excututing project for companies.
I may be able to give a voice, thoughts and understanding to the city of Wheat Ridge . I enjoy Wheat Ridge the old and
the new and being involved in that future sound interesting and fun.
2/5/19 rle
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
(Board/Commission/Committee)
DATE: DISTRICT:
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE?
ARE YOU A REGISTERED VOTER?
WHY ARE YOU SEEKING THIS APPOINTMENT?
DO YOU HAVE EXPERIENCE IN THIS AREA?
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?
PRINT NAME
ADDRESS
HOME PHONE BUSINESS PHONE
E-MAIL ADDRESS
Checking here completes your application, constitutes your signature and affirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
1/30/19 rle
ATTACHMENT 4
ATTACHMENT 5
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
(Board/Commission/Committee)
DATE: DISTRICT:
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE?
ARE YOU A REGISTERED VOTER?
WHY ARE YOU SEEKING THIS APPOINTMENT?
DO YOU HAVE EXPERIENCE IN THIS AREA?
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?
PRINT NAME
ADDRESS
HOME PHONE BUSINESS PHONE
E-MAIL ADDRESS
Checking here completes your application, constitutes your signature and affirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
2/7/19 rle
ATTACHMENT 6
2/14/19 rle
ATTACHMENT 7
1/29/19
ITEM NO: DATE: February 25, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: A MOTION APPROVING THE REVISED COUNCIL RULES OF ORDER AND PROCEDURE DATED FEBRUARY 25, 2019
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
City Attorney City Manager ISSUE: Consideration of amendments to Council Rules of Order and Procedure.
PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2016. SUMMARY: Attached is a revision of the Council Rules of Order and Procedure resulting from the March 18, 2018 study session and January 28, 2019 special study session at which numerous sections of the Rules were discussed and recommended for change. The City Attorney has incorporated all of these changes into the attached revised Council Rules of Order and Procedure. The major categories and issues include the following:
• Throughout, there are edits for language, clarity, and internal cross-references.
• Rule II.A on Citizens rights to speak has been significantly clarified, including:
o To have all public comment at the beginning of the regular meeting, when a study
session is placed at the end of a regular meeting. This would change the current
practice.
Council Action Form - Council Rules of Order and Procedure
February 25, 2019
Page 2 o Clarifying the rules on written comments, both those simply submitted and those
desired to be read into the record.
• Rule III.B on election of Mayor Pro Tem is shortened by eliminating the secret paper
ballot procedure, now disallowed by the courts.
• Rule V.B is amended to move Approval of Agenda before Citizens Rights to Speak
• Rule V.E is revised to state there is no time limit on individual public testimony in public
hearings, but the presiding officer may limit time if justified by the number of speakers.
Procedures are also added for “quasi-judicial” hearings.
RECOMMENDATION: Staff recommends approval of the revised Council Rules of Order and Procedure. RECOMMENDED MOTION: “I move to approve the revised Council Rules of Order and Procedure dated February 25, 2019.” Or,
“I move to approve the revised Council Rules of Order and Procedure dated February 25, 2019, with the following amendment(s) __________________________________.” Or,
“I move to deny the approval of the revised Council Rules of Order and Procedure dated February 25, 2019, for the following reason(s) _______________________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Draft Rules dated February 25, 2019 – redline 2. Draft Rules dated February 25, 2019 - clean
RULES OF ORDER AND PROCEDURE
FOR THE
CITY COUNCIL
OF THE
CITY OF WHEAT RIDGE
COLORADO
Revised: July 11, 2016 Revised: May ___, 2018 Revised: February 25, 2019
ATTACHMENT 1
-2-
TABLE OF CONTENTS
I. AUTHORITY 3
II. CITIZENS’ RIGHTS TO SPEAK 3
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 4
CHAIR………………………………………………………………………………………………………………4 MAYOR PRO TEM ................................................................................ 5 CITY CLERK ....................................................................................... 5 CITY ATTORNEY ................................................................................. 5 PARLIAMENTARIAN AND RULES OF ORDER ............................................ 6
IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6
TYPES OF MEETINGS .......................................................................... 6 STUDY SESSIONS .............................................................................. 6 ADJOURNED MEETINGS ...................................................................... 7 EXECUTIVE SESSIONS ........................................................................ 7 MEETING NOTICES AND REQUIREMENTS .............................................. 7 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ..................................................................................... 8 ABSENCES ......................................................................................... 8 RIGHT OF THE FLOOR ......................................................................... 8 ELECTED OFFICIALS’ MATTERS ............................................................ 9
V. ORDER OF BUSINESS AND THE AGENDA 9
SCOPE OF RULE ................................................................................. 9 ORDER OF BUSINESS…………………………………………………………………………………….9 AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS…………………….9 INITIATING AND ADDING AGENDA ITEMS ............................................ 10
PUBLIC HEARINGS ............................................................................ 11
ORDINANCES ON FIRST READING ....................................................... 12
TIME OF ADJOURNMENT ..................................................................... 12
VI. RECONSIDERATION 12
VII. SUSPENSION AND AMENDMENT OF THESE RULES 13
SUSPENSION .................................................................................... 13
AMENDMENT ..................................................................................... 13
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.
II. CITIZENS’ RIGHT TO SPEAK
A. CITIZENS’ RIGHT TO SPEAK
1. Citizens’ to speakright to speak at meetings of the City Council is of primary importance. This Rule describes those rights and the manner in which they are exercised.
2. Citizens’ right to speak at Regular, Adjourned and Special Council Meetings
a) For non-agenda items:, a citizens may speak once per meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) citizens present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes.
b) For agenda items: a, citizens may speak once for each agenda item, for any length of time unless time is limited by the presiding officer at the beginning of the item.
3. Citizens’ right to speak Comments at Study Sessions:
a) A citizen may speakcomment once per agenda item for a maximum
of three (3) minutes. Up to two (2) citizens present and signed up
to speak may donate their time to the speaker forto a maximum of
nine (9) minutes.
b) Citizen comments will be heard at the beginning of the Study
Session, unless the Study Session is combined with a Regular,
Special or Adjourned Council meeting, in which case the comments
will be taken at the beginning of that meeting.
4. General Restrictions on Citizens’ Right to Speak Comments
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a) There is no limit on the number of persons who may speak.
b) Content of Citizen Comments are not censored, other than foul or threatening language, which is not permitted.
c) Speakers shouldare encouraged to limit their comments to the relevant topic or agenda item.
d) Speakers are requested to sign the appropriate roster in the Council Chambers and will be called in order.
e) Written comments are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. The reading of written comments into the record is not permitted, however the presiding officer 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 at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items.
f) Speakers may provide other documents, photos, etc. to the Council by giving them to the City Clerk.
g) The City Clerk is the designated timekeeper for all time-limited comments.
a)h) Councilmembers and the Mayor have the choice of whether or not to respond to citizens after the completion of Citizens’ Right To Speak. Comments.
Citizens’ Comments Category 1 (non-Agenda Items at a Regular or Special
Meeting: one per meeting for a maximum of three (3) minutes. A person
may speak only once per meeting for a maximum of three (3) minutes.
2. Citizens’ Comments Category 2 (Agenda Items at a Regular or Special
Study Session): once per person per meeting for a maximum of three
(3) minutes.
3. Persons wishing to give Citizens’ Comments may speak once per
Category.
4. Persons in attendance shall be allowed to donate time in each Citizens’
Comments category to other speakers for a maximum of nine (9)
minutes, including the three (3) minutes the original speaker has.
5. The City Clerk shall be the timekeeper for Citizens’ Comments.
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6. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comments portion of the meeting.
7. Persons desiring to speak on a Regular or Special Meeting 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 public comment on any scheduled Agenda Item unless deemed appropriate by the Chair.
8. There shall be no restriction on the number of citizens who wish to speak.
9. The content of any speaker’s comments cannot be censored.
10. 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 or the City Clerk may read written comments into the record with the approval of the majority of the Council present.
11. All written communications to Council must be signed. If not signed, the written communications may not be accepted.
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS
A. CHAIR
1. The Mayor shall preside over the meetings of the City Council as the Chair.
2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair.
3. The Chair shall preserve order and decorum, prevent personal attacks
or the impugning of member’s 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 PRO TEM
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 Tem who shall serve until their
successor is elected. The procedure shall be as follows:
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a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem.
b) Nominations will be taken from City Council members by voice. No second is needed.
c) Each nominee will have the opportunity to address the Council.
d) 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 Mayor shall similarly cast a paper ballot for their favored nominee and write “Mayor” on the outside of their folded ballot. The City Clerk will open and include the Mayor’s vote only in the event of a tie.
e) The City Clerk will collect the ballots, tally the results, include the Mayor’s vote only in the case of a tie, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter.
f) 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.
g)d) A motion and second is then in order to elect one of the nominees , the highest vote getter to the position of Mayor Pro Tem. In the event of a tie, the Mayor shall cast a tie-breaking vote. The Council is encouraged to confirm the nomination unanimously; however, 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 Tem is elected by a majority of Council present.
2. If presiding as the meeting Chair, 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 or by
the Mayor and one (1) Council Member prior to the meeting
pursuant to Rule V.D.1; or
b) An item added by the Council by majority vote of Council present
during any meeting pursuant to Rule V.C.6.
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3.4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, 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 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 current edition of Robert’s Rules of Order, newly revised, are inconsistent with these Rules of Order and Procedure, these Rules of Order and Procedure control.
5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order or 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,
and Special Meetings and Regular and Special Study Sessions.
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2. Regular Meetings are held the second (2nd) 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 6:30 PM, unless otherwise provided by the Mayor Pro Tem.
4. The Mayor Pro Tem may schedule additional Study Sessions to take place at any other day and time.
B. STUDY SESSIONS
1. Study Sessions shall be for the purpose of discussing 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. UnlessUntil 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 as provided by Rule II.A.3. for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. When a Study Session is added to a Regular, Adjourned or Special Meeting, Public Comment on Study Session Agenda Items shall be taken at the beginning of thethat meeting, it being the intention that all Public Comment and Citizens Comments be taken at the beginning of the meeting.
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 members present 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.
3. If, at any time during the Executive Session, a Council Member feels
that a matter is being discussed other than that stated as the purpose
of the Executive Session, that member should so state and may
request that the Executive Session be terminated. If a consensus of City Council Members present agree, the session shall be terminated.
Formatted: Indent: Left: 0", First line: 0"
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3.4. All requirements of the Colorado Open Meetings Law shall be followed.
E. MEETING NOTICES AND REQUIREMENTS:
All Meetings, whether formal or informal (other than those between only two (2) Council Members and/or the Mayor) shall be open to members of the public and the press except as provided in this Rule.
1. Meetings involving no more than two (2) Council Members, whether in person,byperson, by telephone or other electronic medium and whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule.
2. Meetings of any three (3) or four (4) Council Members must be open to the public, but no advance notice is required.
3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the meeting, with the exception of Special Meetings and emergency Special Meetings, on the City website and the locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting.
a. The City Clerk is responsible for the posting of the meeting pursuant to the Charter and Code.
b. There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to attend.
4. Public meetings arranged by the City for the citizens, such as open houses and public input meetings, are not meetings of the City Council.
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, Special or Adjourned 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. 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. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted.
I. ELECTED OFFICIALS’ MATTERS
This is the time elected officials may make comments on any subject. Time limit per elected official 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
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APPROVAL OF AGENDA • • CITIZENS’ RIGHT TO SPEAK: CATEGORY 1: NON-AGENDA ITEMS (REGULAR OR SPECIAL MEETING) • CITIZENS’ RIGHT TO SPEAK: CATEGORY 2: AGENDA ITEMS (REGULAR OR SPECIAL STUDY SESSION) • 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 Tem following the Order of Business provided in this Rule.
2. By majority vote of the City Council during any City Council meeting the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to
the Agenda of such meetings under “Approval of Agenda,” subject to approval by a majority of the Council members present.
3. The Agenda shall be distributed to the members of City Council and
the public by 5:00 PM on the Thursday prior to the Monday of the
Regular Meeting.
4. The City Clerk’s Office shall be notified of the Agenda by noon on the
Wednesday preceding the Monday on which the City Council meets.
All backup material and documents required for the Agenda shall be
filed with the Clerk’s office by 5:00 PM on that day in order to be
included in the City Council packet.
5. A majority of City Council Members present at a meeting 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 Ordinances on Second Readings.
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7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item pertains or to the City Council Member who initiated the item. Council Agenda Items not specific to a City 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. The Mayor shall assign Agenda Item introductions and notify each City Council Member and the City Clerk prior to each City Council meeting.
8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of any 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. This shall include any principal and interest payments required to finance expenditures.
9. City Council may not approve an appropriation under City Manager’s Matters, City Attorney’s Matters, or Elected Officials’ Matters.
D. INITIATING AND ADDING AGENDA ITEMS:
1. City Council Members or the Mayor may each originate an Agenda Item with the approval of one other City Council Member. Each City 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 III.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 City Council Member during any single month.
2. It is the responsibility of the originating City Council Member to provide
backup material for the City Council packet as to the subject or arrange
for that backup material to be prepared. No item may be included in
the Agenda without proper backup.
3. Other than by reconsideration pursuant to Rule VI, once an item has
been decided by a formal City Council vote at any Regular, Special or
Adjourned Meeting or by a binding consensus vote at any Study
Session under Rule IV.B.1, it is not eligible to be added to a future
Agenda for six (6) months.
4. Motions made by City Council Members which are not in the City
Council packet should be submitted to the City Clerk and the Mayor in writing during the City Council Meeting so they may be accurately voted upon and included in the minutes.
5. During a Regular Meeting, under the City Manager’s Matters, the City Attorney’s Matters or the Elected Official’s Matters portion of the
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Agenda, or at a Study Session, the Mayor, a City 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 approval by the City Council by a majority vote of Council present (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:
1. All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. There is no time limit on individual public testimony, provided, however, that the presiding officer may impose a limit on individual speakers’ time in the event the number of persons signed up to testify justifies this. The City 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, the public has been able to speak on the matter, the City staff and the applicant have been given the opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing, it shall be proper at any time.
2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet:
a) Councilmembers shall refrain from communicating with each other, the applicant, or the public prior to the hearing.
b) Written material and e-mails received prior to the hearing shall be
forwarded to staff for inclusion in the hearing record.
a)c) The presiding officer shall swear in all witnesses, affirming their
intention to tell the truth
F. ORDINANCES ON FIRST READING:
1. 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.
2. 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.
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Amendments to a proposed ordinance maycan be made during a First Reading.
2. , following the guidelines for offering amendments in these Rules.
G. TIME OF ADJOURNMENT
1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting.
1.2. Prior to such adjournment, the City Council may take any of the following actions:
a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining Agenda.
b) Acting by a majority vote of the City Council Members present,, schedule any unfinished items for a future Regular or Special Council Meeting.
c) Acting by majority vote of the City Council Members present, continue the meeting to a later date and time certain.
VI. RECONSIDERATION
1. A motion to reconsider may can be made only by a City Council Member originally voting with the prevailing side.
2. Such motion to reconsider s 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 such motion to reconsiderReconsideration. If not reconsidered at that time, the issue may notcannot 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 City Council.
4. A City Council Member who was absent from the meeting at which the
item was discussed may vote on the substantive matter following a
successful motion to reconsider provided that City Council Member
affirms, on the record, that he or she has listened to the recording of
that Agenda Item.
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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 the City Council Members present.
B. AMENDMENT
These Rules may be amended, or new Rules adopted by a majority vote of City
Council Members present at a Regular or Special Meeting, provided that the
proposed amendments or new Rules shall have been submitted in writing to City
Council at a preceding meeting or a Study Session. Any City 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. These Rules shall be reviewed and revised
by the City Council as needed and as provided for herein.within three (3) months
of a Regular Council Election.
RULES OF ORDER AND PROCEDURE
FOR THE
CITY COUNCIL
OF THE
CITY OF WHEAT RIDGE
COLORADO
Revised: February 25, 2019
ATTACHMENT 2
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TABLE OF CONTENTS
I. AUTHORITY 3
II. CITIZENS’ RIGHTS TO SPEAK 3
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY,
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 4
CHAIR………………………………………………………………………………………………………………4
MAYOR PRO TEM ................................................................................ 5 CITY CLERK ....................................................................................... 5
CITY ATTORNEY ................................................................................. 6
PARLIAMENTARIAN AND RULES OF ORDER ............................................ 6
IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6
TYPES OF MEETINGS .......................................................................... 6
STUDY SESSIONS .............................................................................. 7
ADJOURNED MEETINGS ...................................................................... 7
EXECUTIVE SESSIONS ........................................................................ 7 MEETING NOTICES AND REQUIREMENTS .............................................. 7
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS ..................................................................................... 8 ABSENCES ......................................................................................... 8
RIGHT OF THE FLOOR ......................................................................... 8
ELECTED OFFICIALS’ MATTERS ............................................................ 9
V. ORDER OF BUSINESS AND THE AGENDA 9
SCOPE OF RULE ................................................................................. 9 ORDER OF BUSINESS…………………………………………………………………………………….9
AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS…………………….9
INITIATING AND ADDING AGENDA ITEMS ............................................ 10 PUBLIC HEARINGS ............................................................................ 11
ORDINANCES ON FIRST READING ....................................................... 12
TIME OF ADJOURNMENT ..................................................................... 12
VI. RECONSIDERATION 13
VII. SUSPENSION AND AMENDMENT OF THESE RULES 13
SUSPENSION .................................................................................... 13
AMENDMENT ..................................................................................... 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.
II. CITIZENS’ RIGHT TO SPEAK
A. CITIZENS’ RIGHT TO SPEAK
1. Citizens’ right to speak at meetings of the City Council is of primary
importance. This Rule describes those rights and the manner in which they are exercised.
2. Citizens’ right to speak at Regular, Adjourned and Special Council
Meetings
a) For non-agenda items: a citizen may speak once per meeting for a
maximum of three (3) minutes on any item not on the agenda. Up
to two (2) citizens present and signed up to speak may donate their
time to the speaker for a maximum of nine (9) minutes.
b) For agenda items: a citizen may speak once for each agenda item, for any length of time unless time is limited by the presiding officer
at the beginning of the item.
3. Citizens’ right to speak at Study Sessions:
a) A citizen may speak once per agenda item for a maximum of three
(3) minutes. Up to two (2) citizens present and signed up to speak
may donate their time to the speaker for a maximum of nine (9)
minutes.
b) Citizen comments will be heard at the beginning of the Study
Session, unless the Study Session is combined with a Regular,
Special or Adjourned Council meeting, in which case the comments
will be taken at the beginning of that meeting.
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4. General Restrictions on Citizens’ Right to Speak
a) There is no limit on the number of persons who may speak.
b) Content of Citizen Comments are not censored, other than foul or
threatening language, which is not permitted.
c) Speakers should limit their comments to the relevant topic or
agenda item.
d) Speakers are requested to sign the appropriate roster in the Council Chambers and will be called in order.
e) Written comments are permitted on any agenda or non-agenda
item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. The reading of
written comments into the record is not permitted unless a member
of the public representing the author is present to read them into
the record at the written request of the author. A Council Member
or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such
individual reading is limited to three (3) minutes on non-agenda
items.
f) Speakers may provide other documents, photos, etc. to the Council
by giving them to the City Clerk.
g) The City Clerk is the designated timekeeper for all time-limited
comments.
h) Councilmembers and the Mayor have the choice of whether or not to respond to citizens after the completion of Citizens’ Right To
Speak.
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY,
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS
A. CHAIR
1. The Mayor shall preside over the meetings of the City Council as the
Chair.
2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the
Chair.
3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of member’s motives, confine members in debate to
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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 PRO TEM
1. At the first or second Regular meeting in November of each year, the
Council shall elect a Mayor Pro Tem who shall serve until their
successor is elected. The procedure shall be as follows:
a) The Chair will announce that the floor is open for nominations for
the position of Mayor Pro Tem.
b) Nominations will be taken from City Council members by voice.
No second is needed.
c) Each nominee will have the opportunity to address the Council.
d) A motion and second is then in order to elect one of the nominees
to the position of Mayor Pro Tem. If the motion is not carried,
additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present.
2. If presiding as the meeting Chair, 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 or by
the Mayor and one (1) Council Member prior to the meeting
pursuant to Rule V.D.1; or
b) An item added by the Council by majority vote of Council present
during any meeting pursuant to Rule V.C.6.
4. The Mayor Pro Tem shall arrange for and coordinate the orientation of
all newly elected officials, including a review of these Rules, 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.
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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 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 current edition of Robert’s Rules of Order, newly
revised, are inconsistent with these Rules of Order and Procedure,
these Rules of Order and Procedure control.
5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final
authority on all points of order or 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, and Special Meetings and Regular and Special Study Sessions.
2. Regular Meetings are held the second (2nd) 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 6:30 PM, unless otherwise provided by the Mayor Pro Tem.
4. The Mayor Pro Tem may schedule additional Study Sessions to take
place at any other day and time.
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B. STUDY SESSIONS
1. Study Sessions shall be for the purpose of discussing 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. Until 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 as
provided by Rule II.A.3.
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 members present 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.
3. If, at any time during the Executive Session, a Council Member feels
that a matter is being discussed other than that stated as the purpose
of the Executive Session, that member should so state and may request that the Executive Session be terminated. If a consensus of
City Council Members present agree, the session shall be terminated.
4. All requirements of the Colorado Open Meetings Law shall be followed.
E. MEETING NOTICES AND REQUIREMENTS
1. Meetings involving no more than two (2) Council Members, whether in
person, by telephone or other electronic medium and whether or not the
Mayor also attends, shall not be subject to any of the requirements of
this Rule.
2. Meetings of any three (3) or four (4) Council Members must be open to
the public, but no advance notice is required.
3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the
meeting, with the exception of Special Meetings and emergency Special
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Meetings, on the City website and the locations designated by resolution
of the Council, listing the topic of the meeting, its location, time, and
date. Copies of the notice shall be given to all City Council Members
and the City Clerk at least 72 hours before the meeting.
a) The City Clerk is responsible for the posting of the meeting pursuant
to the Charter and Code.
b) There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to
attend.
4. Public meetings arranged by the City for the citizens, such as open
houses and public input meetings, are not meetings of the City Council.
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.
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, Special
or Adjourned 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. 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)
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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. Once a vote, or in the case of a Study Session a Consensus, has been
taken, there shall be no further discussion on that motion or Agenda
Item unless a motion to reconsider is adopted.
I. ELECTED OFFICIALS’ MATTERS
This is the time elected officials may make comments on any subject. Time limit
per elected official 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:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• PROCLAMATIONS AND CEREMONIES
• APPROVAL OF AGENDA
• CITIZENS’ RIGHT TO SPEAK
• CONSENT AGENDA
• PUBLIC HEARINGS, ORDINANCES ON SECOND READING
• ORDINANCES ON FIRST READING
• DECISIONS, RESOLUTIONS AND MOTIONS
• CITY MANAGER’S MATTERS
• CITY ATTORNEY’S MATTERS
• ELECTED OFFICIALS’ MATTERS
• 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 Tem following the Order of
Business provided in this Rule.
2. By majority vote of the City Council during any City Council meeting
the order of business for that meeting may be changed. The City
Manager and City Attorney may also propose to add or delete items to
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the Agenda of such meetings under “Approval of Agenda,” subject to
approval by a majority of the Council members present.
3. The Agenda shall be distributed to the members of City Council and
the public by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting.
4. The City Clerk’s Office shall be notified of the Agenda by noon on the
Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be
filed with the Clerk’s office by 5:00 PM on that day in order to be
included in the City Council packet.
5. A majority of City Council Members present at a meeting 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 Ordinances on Second Readings.
7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item
pertains or to the City Council Member who initiated the item. Council
Agenda Items not specific to a City Council District may be introduced
by any member requesting such privilege from the Chair in advance of
the meeting. The Mayor shall assign Agenda Item introductions and notify each City Council Member and the City Clerk prior to each City
Council meeting.
8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note
that shall include a reliable estimate of any 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.
This shall include any principal and interest payments required to
finance expenditures.
9. City Council may not approve an appropriation under City Manager’s
Matters, City Attorney’s Matters, or Elected Officials’ Matters.
D. INITIATING AND ADDING AGENDA ITEMS
1. City Council Members or the Mayor may each originate an Agenda Item
with the approval of one other City Council Member. Each City 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
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under Rule III.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 City Council
Member during any single month.
2. It is the responsibility of the originating City Council Member to provide
backup material for the City Council packet as to the subject or arrange
for that backup material to be prepared. No item may be included in
the Agenda without proper backup.
3. Other than by reconsideration pursuant to Rule VI, once an item has
been decided by a formal City Council vote at any Regular, Special or
Adjourned Meeting or by a binding consensus vote at any Study
Session under Rule IV.B.1, it is not eligible to be added to a future
Agenda for six (6) months.
4. Motions made by City Council Members which are not in the City
Council packet should be submitted to the City Clerk and the Mayor in
writing during the City Council Meeting so they may be accurately voted upon and included in the minutes.
5. During a Regular Meeting, under the City Manager’s Matters, the City
Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City 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
approval by the City Council by a majority vote of Council present (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
1. All speakers are requested to sign up on the appropriate roster,
indicating whether they intend to speak to a particular Agenda Item.
There is no time limit on individual public testimony, provided,
however, that the presiding officer may impose a limit on individual
speakers’ time in the event the number of persons signed up to testify
justifies this. The City 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, the public has been able to speak on the
matter, the City staff and the applicant have been given the
opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling
or continuation of the public hearing shall be proper at any time.
2. Hearings which are labeled as “Quasi-Judicial” matters on the Request
for Council Action in the meeting packet:
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a) Councilmembers shall refrain from communicating with each
other, the applicant, or the public prior to the hearing.
b) Written material and e-mails received prior to the hearing shall be
forwarded to staff for inclusion in the hearing record.
c) The presiding officer shall swear in all witnesses, affirming their
intention to tell the truth
F. ORDINANCES ON FIRST READING
1. 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.
2. 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 may be made during a First
Reading.
G. TIME OF ADJOURNMENT
1. At 11:00 PM, the City Council shall complete action on the Agenda
Item then under discussion and shall adjourn the meeting.
2. Prior to such adjournment, the City Council may take any of the
following actions:
a) Acting by three-fourths (¾) majority vote of the City Council
Members present, complete all or portions of the remaining
Agenda.
b) Acting by a majority vote of the City Council Members present,
schedule any unfinished items for a future Regular or Special
Council Meeting.
c) Acting by majority vote of the City Council Members present,
continue the meeting to a later date and time certain.
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VI. RECONSIDERATION
1. A motion to reconsider may be made only by a City Council Member
originally voting with the prevailing side.
2. Such motion to reconsider 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 such motion to reconsider. If not reconsidered at that time, the issue
may not 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 City Council.
4. A City Council Member who was absent from the meeting at which the
item was discussed may vote on the substantive matter following a
successful motion to reconsider provided that City 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 the
City Council Members present.
B. AMENDMENT
These Rules may be amended, or new Rules adopted by a majority vote of City
Council Members present at a Regular or Special Meeting, provided that the
proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City 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. These Rules shall be reviewed and revised
by the City Council as needed and as provided for herein.