HomeMy WebLinkAboutStudy Session Agenda Packet 06-07-21STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
June 7, 2021 6:30 p.m.
This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 7, 2021)
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languages other than English are asked to contact the Public Information Officer at 303-
235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible.
Citizen Comment on Agenda Items
1. Urban Renewal Authority Tax Increment Revenue Bonds
2. Outdoor Recreational Equipment on Private Property
3. Review of Council Rules of Order and Procedure
4. Staff Report(s)
5. Elected Officials’ Report(s)
ADJOURNMENT
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Item No. 1
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Steve Art, Renewal Wheat Ridge Executive Director
DATE: June 7, 2021 SUBJECT: Urban Renewal Authority Tax Increment Revenue Bonds ISSUE: The Wheat Ridge Urban Renewal Authority (Authority) dba Renewal Wheat Ridge (RWR) will be issuing tax-exempt bonds (Bonds) this July for various capital projects within the I-70/Kipling
Corridors Urban Renewal Plan Area (Plan Area). In order for RWR to receive the highest rating
and lowest interest rate on the Bonds, it is necessary for City Council to approve a Replenishment Resolution authorizing the City Manager to replenish the Reserve Fund on the Bonds, with General Fund reserves, in the event RWR does not have adequate funding to pay annual debt service on the Bonds. A Cooperation Agreement between the City and RWR will
require that RWR repay the City for any loan made to replenish the Reserve Fund. Lastly, an
Intergovernmental Agreement (IGA) between the City and RWR will detail the partnership between the two parties to fund and construct the capital projects. PRIOR ACTIONS:
None FINANCIAL IMPACTS: If City Council appropriates funds pursuant to the Replenishment Resolution to replenish the Reserve Fund, such funds shall be a loan from the City to the Authority to be repaid as provided
within the Cooperation Agreement. This Resolution does not create a general obligation or other
indebtedness of the City and will not obligate or compel the City to make payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated in the City Council’s sole discretion.
BACKGROUND:
In 2020, Arland Land Economics conducted a fiscal analysis of the property tax increment potential within the Plan Area. Based on this analysis, RWR’s bond underwriter, Piper Sandler & Co., determined there is enough property tax increment capacity to support a Bond in the amount of $45 to $50 million which will generate approximately $38 million in funds available for
capital projects. The Bond proceeds will be used for capital projects within the Plan Area
(Attachment 4).
Staff Report – URA Tax Increment Revenue Bonds June 7, 2021
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The Bonds will be payable from the property tax increment revenues generated in the Plan Area and will also be secured by a Reserve Fund that will be funded with Bond proceeds. To the
extent that there are insufficient revenues to pay the debt service on the Bonds at any given time,
the Reserve Fund will be drawn upon to meet those obligations. In the event there are not sufficient revenues to replenish the Reserve Fund at any given time, the Replenishment Resolution declares the City Council’s non-binding intent to replenish the Reserve Fund, subject to appropriation by the City Council in its sole discretion. The Replenishment Resolution does
not bind the City Council to make such an appropriation in the future and shall never be
considered a debt or financial obligation of the City. The Replenishment Resolution also approves the Cooperation Agreement between the City and RWR. City Council has twice previously adopted replenishment resolutions and cooperation
agreements related to RWR development sites. In 2014, the first replenishment resolution was
adopted in connection with a $3 million loan with Colorado State Bank and Trust (BOKF) for the construction of the Kipling Ridge Shopping Center. The property and sales tax increment revenues pledged to this loan have been sufficient to meet the annual debt service obligations, and the City has not been asked to replenish the reserve fund securing the 2014 loan.
The second replenishment resolution related to the $6.375 million loan from BOKF related to public infrastructure improvements at Clear Creek Crossing (CCC). City Council has not been asked to replenish the reserve fund securing the 2018 loan. The Bonds are expected to be used to refund and pay this 2018 Loan in full, which will result in interest payment savings.
Nate Eckloff, Managing Director, and Marc Ragan, Vice President, of Piper, Sandler & Co. will assist the RWR as the underwriter for this Bond issuance. Nate has assisted in the issuance of over $20 billion in municipal bonds during his 37 years in the public finance industry. Nate’s experience covers a wide range of tax-exempt and taxable municipal finance including general
obligation bonds, tax increment revenue bonds, utility revenue bonds, excise revenue bonds
(sales tax, etc.), special assessment bonds, and lease-purchase certificates of participation. Since joining Piper in 2014, Marc has served as either sole or senior underwriter, financial advisor, or placement agent on more than 150 transactions totaling more than $3.5 billion in par amount. Much of his work is focused on special district and tax increment financings.
The firm of Butler Snow LLP, led by Sally Tasker, will serve as bond counsel to RWR. Butler Snow established its Denver-based public finance practice in 2014 with a group of nationally recognized bond and disclosure attorneys whose collective experience includes some of the largest and most complex transactions in the state’s history. Butler Snow’s public finance team
in the Denver office is currently comprised of nine attorneys who have more than 100 years of
combined experience providing bond counsel, disclosure counsel and finance-related service to public entities, including RWR and the City. Since opening the Denver office, the Denver team has served as bond counsel, disclosure counsel and underwriter’s counsel on more than 450 public finance transactions totaling in excess of $18 billion.
Staff Report – URA Tax Increment Revenue Bonds June 7, 2021
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RECOMMENDATIONS: Staff recommends City Council consensus to bring forward the Replenishment Resolution and
Intergovernmental Agreement to the June 14 City Council meeting for approval.
ATTACHMENTS: 1. Resolution No. 29-2021 - Replenishment Resolution 2. Cooperation Agreement
3. Resolution No. 30-2021 - Intergovernmental Agreement
4. Proposed Improvement to be Funded with Bond Proceeds
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2021
TITLE: A RESOLUTION CONCERNING THE PROPOSED FINANCING OF CERTAIN ACTIVITIES AND UNDERTAKINGS WITHIN THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA, AND THE PROPOSED
ISSUANCE OF CERTAIN TAX INCREMENT REVENUE REFUNDING AND IMPROVEMENT BONDS BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY IN CONNECTION THEREWITH; DECLARING THE CITY COUNCIL’S PRESENT INTENT TO APPROPRIATE FUNDS TO REPLENISH THE
RESERVE FUND SECURING SUCH BONDS, IF NECESSARY; AND AUTHORIZING A COOPERATION AGREEMENT AND OTHER RELATED ACTIONS.
WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article
XX of the Constitution of the State of Colorado; and
WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended (the “Act”); and
WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban
Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Plan Area”); and
WHEREAS, pursuant to and in accordance with the Act, the Plan provides for the undertaking of urban renewal projects within the meaning of the Act; and
WHEREAS, pursuant to Section 31-25-109 of the Act, the Authority has the
power and authority to issue bonds (including refunding bonds), notes and other obligations to finance the activities or operations of the Authority permitted and authorized under the Act; and
WHEREAS, the Authority previously entered into a Loan Agreement, dated as of
October 18, 2018, with BOKF, NA d/b/a Colorado State Bank and Trust (the “2018
Lender”) pursuant to which the 2018 Lender made a loan to the Authority in the original principal amount of $6,375,000, bearing interest at a per annum interest rate equal to 4.650% (the “2018 Loan”) to finance certain projects in the Plan Area (as described in the Plan) located at the southwest corner of the intersection of Interstate 70 and
Colorado Highway 58; and
ATTACHMENT 1
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WHEREAS, the 2018 Loan may be prepaid, in whole or in part, at any time after the third anniversary of the closing date of the 2018 Loan without prepayment penalty, upon not less than 15 days written notice to the 2018 Lender; and
WHEREAS, the Authority desires to refund, pay and defease in whole all of the
outstanding 2018 Loan (the “2021 Refunding Project”) and to provide additional moneys to undertake additional urban renewal projects within the Plan Area (the “2021 Improvement Project” and together with the 2021 Refunding Project, the “2021 Project”); and
WHEREAS, in order to finance the 2021 Project, the Authority desires to issue its
Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge, Tax Increment Revenue Refunding and Improvement Bonds (I-70/Kipling Corridors), Series 2021 (the “Series 2021 Bonds”); and
WHEREAS, effectuating the 2021 Refunding Project and financing the 2021
Improvement Project in order to remediate blight is consistent with and in furtherance of
the purposes of the Authority and the Plan; and
WHEREAS, the Plan contemplates that a primary method of financing projects within the Plan Area will be through the use of property tax increment revenues; and
WHEREAS, the Plan authorizes the Authority to pledge such property tax
increment revenues to finance public infrastructure that benefits the Plan Area; and
WHEREAS, the Authority has determined that it is necessary, desirable and in the best interest of the Authority to authorize, approve and direct the issuance, sale and delivery of the Series 2021 Bonds to finance the 2021 Project; and
WHEREAS, the Series 2021 Bonds will be issued under and pursuant to the
Indenture of Trust dated as of the date of delivery of the Series 2021 Bonds (the
“Indenture”) between the Authority and BOKF, N.A., as trustee (the “Trustee”); and
WHEREAS, the Series 2021 Bonds will be special and limited obligations of the Authority payable solely from and secured by the Trust Estate (as defined in the Indenture), which includes the Pledged Property Tax Increment Revenues (as defined
in the Indenture); and
WHEREAS, the Series 2021 Bonds will be secured by a reserve fund (the “Reserve Fund”) that will be maintained in an amount equal to the Reserve Fund Requirement (as defined in the Indenture); and
WHEREAS, the City Council has conducted a public hearing on this Resolution
pursuant to Section 12.10 of the City’s home rule charter (the “Charter”); and
WHEREAS, the City Council has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the financing of the 2021 Project; and
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WHEREAS, in connection with the issuance of the Series 2021 Bonds in order to help facilitate the financing of the 2021 Project, the City Council wishes to make a non-binding statement of its present intent with respect to the appropriation of funds for the
replenishment of the Reserve Fund, if necessary, and to authorize and direct the City
Manager to take certain actions for the purpose of causing requests for any such appropriation to be presented to the City Council for consideration; and
WHEREAS, in connection with the financing of the 2021 Project and the issuance of the Series 2021 Bonds by the Authority, it is necessary and in the best
interests of the City to enter into a Cooperation Agreement (the “Cooperation
Agreement”) between the City and the Authority; and
WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the proposed form of the Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the Charter, and in accordance with the foregoing recitals, that adopting this Resolution, entering into the Cooperation Agreement, and facilitating the issuance of the
Series 2021 Bonds by the Authority to effectuate the 2021 Refunding Project and the development of the 2021 Improvement Project are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City.
Section 2. Replenishment of Reserve Fund; Declaration of Intent. To
the extent that the Authority issues the Series 2021 Bonds in accordance with the terms and provisions of the Indenture and the Series 2021 Bonds are secured by a Reserve Fund, the following provisions shall apply. The Indenture shall provide that in the event of a draw on the Reserve Fund the Authority shall, within 120 days of such draw, replenish the Reserve Fund up to the Reserve Fund Requirement, from available
Pledged Revenue, in accordance with the terms and provisions of the Indenture. If at any time the Reserve Fund is not funded at an amount equal to the Reserve Fund Requirement, and to the extent any such deficiency is not replenished from Pledged Revenues as set forth in the Indenture or from another source, the Trustee shall be required under the Indenture to provide written notice to the Executive Director of the
Authority and the City Manager setting forth the amount of any deficiency (the “Written Notice”) and requesting that the City replenish the Reserve Fund pursuant to and as provided in this Resolution. Any such Written Notice shall include instructions for making the payment to the Trustee. Within 90 days after the City’s receipt of the Written Notice of a draw or a deficiency in the Reserve Fund, to the extent that such
draw or deficiency has not been replenished by another source, the City shall replenish the Reserve Fund to the Reserve Fund Requirement from legally available funds of the City, subject to appropriation by the City Council in its sole discretion. Any such City payment (the “City Payment”) shall be deposited in the Reserve Fund in immediately
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available funds pursuant to the instructions set forth in the Written Notice. In the event that the Trustee receives money from the City in excess of the amount necessary to restore the Reserve Fund to the Reserve Fund Requirement, any such excess shall be
returned to the City.
It is the present intention and expectation of the City Council to appropriate the City Payment requested in any such Written Notice received by the City, within the limits of available funds and revenues, but this declaration of intent shall not be binding upon the City Council or any future City Council in any future fiscal year.
The City Payments shall constitute currently appropriated expenditures of the City.
This Resolution shall not create a general obligation or other indebtedness or multiple fiscal year direct or indirect debt or other financial obligation of the City within the meaning of its Charter or any constitutional debt limitation, including without limitation Article X, Section 20 of the Colorado Constitution. Neither this Resolution nor
the issuance of the Series 2021 Bonds by the Authority shall obligate or compel the City
to make City Payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated in the City Council’s sole discretion.
Section 3. Direction to City Manager. Upon receipt of a Written Notice by the City Manager requesting that the City replenish the Reserve Fund securing the
Series 2021 Bonds in accordance with this Resolution, the City Council hereby
authorizes and directs the City Manager to prepare and submit to the City Council a request for an appropriation of the amount set forth in the Written Notice. Such request shall be made in sufficient time to enable the City to make the City Payment within 90 days of receipt of the Written Notice as provided in Section 2 hereof.
Section 4. Repayment of Amounts Appropriated. In the event that the
City Council appropriates funds to make the City Payment as contemplated by Section 2 hereof, any amounts actually transferred by the City to the Reserve Fund in accordance with the provisions of Section 2, shall be treated as an advance under the Cooperation Agreement and shall be repaid by the Authority in accordance with the
provisions of the Cooperation Agreement, on a basis expressly subordinate and junior
to that of the Series 2021 Bonds and any other obligations or indebtedness that are secured or payable in whole or in part by the Pledged Revenues on a parity with the Series 2021 Bonds.
Section 5. Limitation to Series 2021 Bonds. Unless otherwise
expressly provided by a subsequent resolution of the City Council, the provisions of this Resolution relating to the replenishment of the Reserve Fund shall apply only to the replenishment of the Reserve Fund that secures the payment of the Series 2021 Bonds and shall not apply to any other reserve funds established in connection with the issuance of any other obligations, including the issuance of Additional Bonds under the
Indenture.
Section 6. Approval of Cooperation Agreement. The Cooperation Agreement, in substantially the form on file with the City Clerk, is in all respects
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approved, authorized and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Cooperation Agreement, for and on behalf of the City, in substantially the form and with substantially the same content as is on file with the City
Clerk, provided that such document may be completed, corrected or revised as deemed
necessary by the parties thereto in order to carry out the purposes of this Resolution. The execution of the Cooperation Agreement by the Mayor shall be conclusive evidence of the approval by the City Council of such document in accordance with its terms.
Section 7. Direction to Act. The City Clerk is hereby authorized and
directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any
and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the financing of the 2021 Project and implement and carry out the transactions and other matters authorized by this Resolution.
In the event that any individual or individuals who are authorized to
execute the Cooperation Agreement or the additional certificates, documents,
instruments and other papers authorized hereby (collectively, the “Authorized Documents”) are not able to be physically present to manually sign such Authorized Documents, such individual or individuals are hereby authorized to execute such Authorized Documents electronically via facsimile or email signature. This authorization
to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also
known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to an Authorized Document shall carry the full legal force and effect of any original, handwritten signature.
Section 8. Ratification. All actions (not inconsistent with the provisions
of this Resolution) heretofore taken by the City Council or the officers, employees or agents of the City directed toward effectuating the 2021 Refunding Project, the development of the 2021 Improvement Project, the issuance of the Series 2021 Bonds by the Authority, and the execution and delivery of the Cooperation Agreement are hereby ratified, approved and confirmed.
Section 9. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the
same are severable.
Section 10. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency.
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Section 11. Effectiveness. This Resolution shall take effect immediately.
DONE AND RESOLVED this ___ day of ____________, 2021.
Bud Starker, Mayor [SEAL] Attest:
Steve Kirkpatrick, City Clerk
COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS COOPERATION AGREEMENT (this “Agreement”) dated as of ______ __, 2021, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE
(the “Authority”).
WHEREAS, the City is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the “Charter”); and
WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes (“C.R.S.”) (the “Act”); and
WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29,
Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and
WHEREAS, the City Council of the City (the “City Council”) has previously adopted the
I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Plan Area”); and WHEREAS, pursuant to and in accordance with the Act, the Plan provides for the
undertaking of urban renewal projects within the meaning of the Act; and
WHEREAS, pursuant to Section 31-25-109 of the Act, the Authority has the power and authority to issue bonds (including refunding bonds), notes and other obligations to finance the activities or operations of the Authority permitted and authorized under the Act; and
WHEREAS, the Authority previously entered into a Loan Agreement, dated as of
October 18, 2018, with BOKF, NA d/b/a Colorado State Bank and Trust (the “2018 Lender”)
pursuant to which the 2018 Lender made a loan to the Authority in the original principal amount of $6,375,000, bearing interest at a per annum interest rate equal to 4.650% (the “2018 Loan”) to finance certain projects in the Plan Area (as described in the Plan) located at the southwest corner of the intersection of Interstate 70 and Colorado Highway 58; and
WHEREAS, the 2018 Loan may be prepaid, in whole or in part, at any time after the
third anniversary of the closing date of the 2018 Loan without prepayment penalty, upon not less than 15 days written notice to the 2018 Lender; and
WHEREAS, the Authority desires to refund, pay and defease in whole all of the outstanding 2018 Loan (the “2021 Refunding Project”) and to provide additional moneys to
ATTACHMENT 2
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undertake additional urban renewal projects within the Plan Area (the “2021 Improvement Project” and together with the 2021 Refunding Project, the “2021 Project”); and
WHEREAS, in order to finance the 2021 Project, the Authority desires to issue its Wheat
Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge, Tax Increment Revenue Refunding and Improvement Bonds (I-70/Kipling Corridors), Series 2021 (the “Series 2021 Bonds”); and
WHEREAS, the 2021 Project is being undertaken to facilitate the elimination and
prevention of blighted areas; and
WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning or undertaking of any urban renewal plans, projects, programs, works, operations, or activities of
the Authority, to enter into agreements with the Authority respecting such actions to be taken by
the City, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the 2021 Improvement Project and carrying out the Plan; and WHEREAS, the Authority has determined that effectuating the 2021 Refunding Project
and financing the 2021 Improvement Project in order to remediate blight is consistent with and
in furtherance of the purposes of the Authority and the Plan; and
WHEREAS, the Plan contemplates that a primary method of financing projects within the Plan Area will be through the use of property tax increment revenues; and
WHEREAS, the Plan authorizes the Authority to pledge such property tax increment
revenues to finance or refinance public infrastructure that benefits the Plan Area; and
WHEREAS, the Authority has determined that it is necessary, desirable and in the best interest of the Authority to authorize, approve and direct the issuance, sale and delivery of the Series 2021 Bonds to finance the 2021 Project; and
WHEREAS, the Series 2021 Bonds will be issued under and pursuant to the Indenture of
Trust dated as of the date of delivery of the Series 2021 Bonds (the “Indenture”) between the
Authority and BOKF, N.A., as trustee (the “Trustee”); and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Indenture; and
WHEREAS, the Series 2021 Bonds will be special and limited obligations of the
Authority payable solely from and secured by the Trust Estate, which includes the Pledged Property Tax Increment Revenues; and
WHEREAS, the Series 2021 Bonds will be secured by the Reserve Fund that will be maintained in an amount equal to the Reserve Fund Requirement; and
WHEREAS, in order to help facilitate the financing of the 2021 Project, the City Council
has adopted Resolution No. __, Series of 2021 (the “Replenishment Resolution”) declaring its
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non-binding present intent and expectation that the City Council will appropriate funds sufficient to replenish the Reserve Fund to the Reserve Fund Requirement in the event of a deficiency
thereunder, within the limits of available funds and revenues, to the extent that Pledged
Revenues or other available moneys are not available to fully replenish the Reserve Fund, in the sole discretion of the City Council; and WHEREAS, the City Council has conducted a public hearing on this Agreement pursuant
to Section 12.10 of the Charter; and
WHEREAS, in connection with the financing of the 2021 Project and the issuance of the Series 2021 Bonds by the Authority, it is necessary and in the best interests of the City and the Authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the Authority agree as follows: 1. LOAN. If the City Council appropriates funds pursuant to the
Replenishment Resolution to replenish the Reserve Fund as set forth therein and in the Indenture,
such funds shall be a loan from the City to the Authority to be repaid as provided herein. 2. PAYMENT. All amounts payable by the Authority to the City hereunder shall be repaid from and to the extent of available Pledged Revenues (as defined in the Indenture), or
from other available revenues of the Authority, provided that any such repayment from Pledged
Revenues shall be made on a basis expressly subordinate and junior to the payments due on the Series 2021 Bonds and any other obligations or indebtedness that are secured or payable in whole or in part by the Pledged Revenues on a parity with the Series 2021 Bonds.
3. FURTHER COOPERATION.
(a) The City shall continue to make available such employees of the City as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Act, the Plan, or any other lawfully authorized duty or
activity of the Authority.
(b) The City agrees to pay to the Authority any Pledged Property Tax Increment Revenues when, as, and if received by the City, but which are due and owing to the Authority pursuant to the Plan and the Act.
4. GENERAL PROVISIONS. (a) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the
agents of the Authority, nor as constituting the Authority or its officials, representatives,
consultants, or employees as agents of the City. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations, or liabilities of the other.
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(b) Third Parties. Neither the City nor the Authority shall be obligated or
liable under the terms of this Agreement to any person or entity not a party hereto, provided,
however, that the Trustee is a third party beneficiary to the provisions in Section 3(b) hereof related to the City’s obligation to remit to the Authority any Pledged Property Tax Increment Revenues received by the City that are due and owing to the Authority.
(c) Modifications. No modification or change of any provision in this
Agreement shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by both parties and incorporated as a written amendment to this Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement.
(d) Entire Agreement. This Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any
other contracts.
(e) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
(f) Assignment. Except for the pledge under the Indenture, this Agreement shall not be assigned, in whole or in part, by either party without the written consent of the other. (g) Waiver. No waiver of a breach of any provision of this Agreement by
either party shall constitute a waiver of any other breach or of such provision. Failure of either
party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity.
(h) Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
(i) Electronic Signatures. In the event that any individual who is authorized to execute this Agreement on behalf of the Authority or the City is not able to be physically
present to manually sign this Agreement, such individual is hereby authorized to execute this
Agreement electronically via facsimile or email signature. The authorization to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to this Agreement shall carry the full legal force and effect of any original, handwritten signature.
The transactions described herein may be conducted and related documents may
be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid
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counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.
IN WITNESS WHEREOF, this Agreement is executed by the Parties as of
________ __, 2021.
CITY OF WHEAT RIDGE, COLORADO
By:
Bud Starker, Mayor (SEAL)
Attest:
___________________________ Stephen Kirkpatrick, City Clerk
APPROVED AS TO FORM _______________________
Gerald Dahl, City Attorney
WHEAT RIDGE URBAN RENEWAL AUTHORITY
_____________________________________ ATTEST: Walt Pettit, Chair
_____________________________ Steve Art, Executive Director
ATTACHMENT 3
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2021
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE PROPOSED FINANCE OF CERTAIN ACTIVITIES AND UNDERTAKINGSS WITHIN THE I70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA
SECURED BY THE PROPOSED INCURRENCE OF A BOND BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO BE SECURED BY CERTAIN TAX INCREMENT REVENUES GENERATED BY THE PLAN AREA
WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-
1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and
WHEREAS, the City Council of the City (the “City Council”) established the
Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on
October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and
WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area
described therein (the “Urban Renewal Area”); and
WHEREAS, the Authority desires to issue a Bond for certain Public Improvements (Improvements) within the Urban Renewal Plan; and
WHEREAS, the Authority has entered into a Cooperation Agreement with City of Wheat Ridge to relating to replenishment of funds in the bond reserve account; and
WHEREAS, the City has determined and hereby determines that it is in the best
interests of the City and its citizens to assist in the Improvements funded by the Authority through the bond; and
WHEREAS, the Authority has determined that the Improvements will remediate blight and is consistent with and in furtherance of the purposes of the Authority and the
Plan; and
WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues; and
WHEREAS, in connection with the Improvements and the incurrence of the Bond
by the Authority, it is necessary and in the best interests of the City to enter into an
Intergovernmental Agreement (the “Intergovernmental Agreement”) between the City and the Authority; and
WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”)
the proposed form of the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
A. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home
rule charter (the “Charter”), and in accordance with the foregoing recitals, that
adopting this Resolution, entering into the Intergovernmental Agreement, and facilitating the performance of duties relating the expenditure toward public improvements are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City.
DONE AND RESOLVED this _____ day of ____________, 2021. Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") dated as of the ____ day of __________, 2021, is entered into by and between the City of Wheat Ridge, Colorado (the
"City"), a home rule municipal corporation of the State of Colorado, and the Wheat Ridge Urban
Renewal Authority dba Renewal Wheat Ridge (the "Authority"), a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado.
RECITALS:
WHEREAS, the City is a home rule municipality and municipal corporation duly organized
and existing under and pursuant to Article XX of the Colorado Constitution and the Home Rule
Charter of the City of Wheat Ridge;
WHEREAS, the Authority is a body corporate and has been duly organized established and authorized by the City to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq.
(the "Act");
WHEREAS, pursuant to C.R.S. § 31-25-109 of the Act, the Authority has the power and authority to issue or to incur notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, advances or other obligations including refunding obligations (collectively, the "Obligations"), for the purpose of financing the activities and operations
authorized to be undertaken by the Authority with respect to the projects in accordance with an
adopted urban renewal plan and the Act as approved by the City;
WHEREAS, the Authority has determined pursuant to the statutory authorization set forth in C.R.S. § 31-25-103(10)(c), and C.R.S. § 31-25-105(1)(c) to construct and otherwise provide for public improvements in furtherance of the I-70/Kipling Urban Renewal Plan (collectively, the
"Capital Projects");
WHEREAS, the City and the Authority desire to enter into this Agreement to set forth the relationship between the City and the Authority regarding the construction of the Capital Projects by the Authority; and
WHEREAS, the Act, C.R.S. 29-1-203and Section 18 Article XIV of the Colorado
Constitution authorize the City and the Authority to enter into cooperative agreements such as this
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the following terms and conditions, the City and the Authority hereby agree to this Agreement as follows:
1. CAPITAL PROJECTS WITHIN THE I-70/KIPLING URBAN RENEWAL
PLAN AREA.
The City and the Authority desire to have the Authority fund or otherwise provide the Capital Projects more particularly described in Exhibit A, attached hereto, and incorporated herein
by this reference, pursuant to C.R.S. § 31-25-103(10)(c), and C.R.S. § 31-25-105(1)(c), and seek to utilize the process set forth in this Agreement.
A. The City and the Authority therefore agree the provisions of this Agreement
shall apply if the Authority approves the funding for the providing of any of the Capital Projects identified in Exhibit A.
B. The Parties agree that the Authority shall provide the necessary funds for any Capital Project identified on Exhibit A, including necessary soft costs, and said funds
shall thereafter be appropriated by the City for such Capital Projects as more particularly
described in the contracts of the City approving any of the identified Capital Projects. The City shall use the City procurement processes and City employees in order to contract for the completion of the Capital Projects with the segregated funds as set forth herein. The Authority shall have no obligation after providing the funds to the City for construction of
the Capital Projects.
2. MISCELLANEOUS.
A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and shall be subject to the limitations if any that are applicable under the Charter or ordinances of the City.
B. Notices. All notices and other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or mailed by first class mail postage prepaid addressed as follows:
If to the City:
City of Wheat Ridge, Colorado
Attn:
7500 West 29th Avenue Wheat Ridge, Colorado 80033
If to the Authority:
Renewal Wheat Ridge
Attn: Steve Art
7500 West 29th Avenue Wheat Ridge, Colorado 80033
The City or the Authority may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent.
C. Termination. Either party may terminate this Agreement upon thirty (30)
days' written notice to the other party provided however there are no outstanding amounts payable by the Authority to the City, unless satisfactory arrangements have been made in the sole discretion of the City for the payment of such amounts.
D. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not
invalidate or render unenforceable any other provision hereof.
E. Entire Agreement — Amendments. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained within this Agreement. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the
parties hereto relating to the matters set forth herein. This Agreement may be further
amended by written agreement between the City and the Authority.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first above written.
CITY OF WHEAT RIDGE, COLORADO
By: ____________________________________ Bud Starker, Mayor Attest:
________________________________ Steve Kirkpatrick, City Clerk
WHEAT RIDGE URBAN RENEWAL AUTHORITY
By: _____________________________________ Walt Pettit, Chairman
Attest:
_____________________________________
Steve Art, Executive Director
DRAFT Urban Renewal Bond Authorization Project List
Project Location Type Description Costs
32nd Bike Lanes Applewood Multimodal Add bike lanes under I-70
$ 5,000,000 Youngfield Streetscape Applewood Aesthetic Add landscaping - 32nd to 40th
I-70/32nd Applewood Aesthetic Enhance bridge reconstruction
Youngfield Bridge Applewood Maintain Reconstruct bridge deck $ 500,000
38th/Kipling Kipling Traffic Reconstruction intersection $ 1,000,000
Gold's Center Kipling Public improvements $ 1,400,000
I-70/Kipling Kipling Aesthetic Enhance interchange reconstruction $ 5,000,000
52nd Avenue Ward TOD Multimodal Reconstruct street - Ward to Tabor $ 1,600,000
52nd/Ward Ward TOD Traffic Reconstruction intersection $ 250,000
Multiuse Trail Ward TOD Multimodal Enhance trail $ 800,000
Multiuse Trail Ward TOD Multimodal Construct trail - south plaza to I-70 Frontage N $ 2,100,000
Ped Bridge/North Plaza Ward TOD Multimodal Enhance ped bridge $ 2,000,000
Ped Bridge/North Plaza Ward TOD Multimodal Construct ped bridge/north plaza $ 4,500,000
Public Art Ward TOD Aesthetic Add additional public art $ 200,000
Ridge Road Ward TOD Multimodal Reconstruct street east of Tabor $ 500,000
Ridge/Ward Ward TOD Traffic Reconstruction intersection $ 150,000
South Plaza Ward TOD Multimodal Enhance plaza $ -
South Plaza Ward TOD Multimodal Construct south plaza $ 1,000,000
Tabor Street Ward TOD Multimodal Reconstruct street - 52nd to Ridge $ 750,000
CCC Loan Repayment CCC Loan Repayment of BOKF 2018 Loan $ 6,500,000
Other Grant URA Activities $ 4,250,000
Total $ 37,500,000
ATTACHMENT 4
Item No. 2
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Ken Johnstone, Community Development Director
Lauren Mikulak, Planning Manager DATE: May 28, 2021 (for June 7 study session) SUBJECT: Outdoor Recreational Equipment on Private Property
ISSUE Over the past year, public recreational facilities were closed for extended periods of time due to COVID-19, the general population was largely at home, and the purchase of personal recreational equipment was on the rise. This includes everything from trampolines to basketball
hoops, swimming pools to swing sets. With the increased prevalence and scale of personal
recreation equipment on private property (typically residences), Councilmembers Weaver and Stites requested a discussion at a study session concerning a potential regulatory structure for outdoor recreational equipment on private property. Staff has conducted a review of the applicable codes and policies in the City and in neighboring cities.
CURRENT CODE AND POLICY IN WHEAT RIDGE For residential uses, there are many possible kinds of accessory recreational uses and play equipment including but not limited to in-ground pools, above-ground pools, hot tubs, playsets, tree or play houses, basketball hoops, trampolines, obstacle/ninja courses, skate park equipment,
lemonade stands, goals and nets, bounce houses, and movie screens. Some of these are more
permanent in nature and some more portable. The building code has explicit requirements related to pools but specifically exempts play structures from permit requirements. Section 5-76 of the municipal code amends section 105.2
of the International Building Code (IBC) and exempts from permitting the following types of
recreational improvements:
• playhouses less than 120 square feet,
• above ground pools that are less than 24 inches in depth and not greater than 5,000
gallons, and
• swings and other playground equipment accessory to detached one- and two-family dwellings.
The zoning code (Chapter 26 of the municipal code) offers less clarity when it comes to play
equipment. The code provides definitions for buildings and structures, but there are no
references specifically to personal recreational equipment, either permanent or portable. For many years, the code has been interpreted in this way:
• pools and hot tubs (above and in-ground) which require building permits are subject to setbacks, and
• other play equipment (those not enclosed to the ground, not designed for permanent occupancy, and devoid of utilities) are exempted from zoning regulations.
In 2020, with the increase in personal recreational equipment, this approach was formalized in a written policy to provide consistent interpretation and enforcement. That policy is attached. CODE AND POLICY IN OTHER COMMUNITIES
The approach in Wheat Ridge is similar to that in other communities. Recent conversations with staff in Lakewood, Edgewater, and Golden confirm similar approaches. These communities, like Wheat Ridge, distinguish pools and hot tubs from other types of recreational equipment and most of them apply setbacks. This common treatment of pools and hot tubs is, in part, because these amenities are also addressed by specific building codes (the International Swimming Pool and
Spa Code – ISPSC), and they require building permit review. Other communities have seen a similar increase in personal recreational equipment over the last year, but Lakewood, Edgewater, and Golden have not (to date) regulated them. They have only a couple minor provisions that are related to the topic:
• The Lakewood zoning code allows regulations of any structure taller than 10 feet, but they have not interpreted that to apply to playground equipment and tree houses. The Lakewood code does expressly prohibit play equipment in the front yard of a home-based daycare.
• Golden specifically does not regulate anything less than 200 square feet, an exception that captures most play equipment. Otherwise, there are no codes specific to accessory recreational uses.
The zoning code in Denver takes a slightly different approach; it is more direct and prescriptive
on the topic of play equipment. Denver’s classification of detached accessory structures has more categories than Wheat Ridge, some of which specifically include recreational equipment:
• playhouses are categorized as “completed enclosed structures,” and
• pools, hot tubs, recreational and play facilities, and outdoor fireplaces are classified as
“open structures.” Both categories are subject to setback, height, and size requirements as well as overall size limitations (no more than 10% of the lot area or 1000 square feet). An “other” category is used to capture other types of structures. Basketball hoops are specifically exempted in the code and
allowed in any setback (front, side or rear). Of note, none of these standards apply to temporary
or portable equipment. OPTIONS FOR WHEAT RIDGE If Council wishes to regulate outdoor recreational equipment on private property, there are a few
options to consider:
1. Retain the existing policy which regulates pools and hot tubs but does not regulate other types of recreational equipment (see attached).
2. Modify the existing policy to distinguish between permanent and portable equipment and regulate those which are more permanent in the same manner as accessory structures.
For example:
• Section 26-625 applies development standards to accessory structures, and if deemed permanent, certain recreational features could be classified as structures and subject to the regulation. Permanence would be determined by the
Community Development Director in consideration of the size, portability,
deconstructability, and the presence of utilities.
• Recreational equipment or improvements which are more or less permanent could be subject to accessory structure regulations (minimum setbacks, maximum heights, maximum size). This includes, but is not limited to, playsets, tree houses,
goals and nets, climbing walls, in-ground trampolines, and some skate park equipment.
• Recreational equipment or improvements which are more or less not permanent would not be subject to zoning code requirements. This includes equipment or
improvements which could be relocated or stored inside with ease including, but
not limited to portable goals, portable playsets, portable playhouses, portable nets, portable skate park equipment, yard games, bounce houses, portable movie screens, and above ground trampolines. 3. Process a code amendment. This would only be necessary if Council desires a regulatory
framework that differs from the approaches outlined above. If Council simply wants to
classify certain types of recreational equipment as accessory structures (option 2), then a code amendment would not be necessary. If Council wishes to change the regulatory approach, some consideration may be owed to
whether a new approach applies retroactively to amortize any nonconformities or applies only to
new recreational improvements. NEXT STEPS For the purpose of the June 7 study session, staff is seeking Council feedback on if or how to
regulate outdoor recreational equipment on private property.
ATTACHMENTS: 1. Current policy
Community Development Department Planning Policy
SUBJECT: Recreational Equipment Accessory to Residential Uses EFFECTIVE DATE: December 16, 2020 APPROVED BY: Kenneth Johnstone, Community Development Director POLICY/PROCEDURE NO.: Planning 23
STATEMENT OF ISSUES:
•For residential uses, there are many possible kinds of accessory recreational uses andequipment including but not limited to in-ground pools, above-ground pools, hot tubs,playsets, tree houses, basketball hoops, trampolines, obstacle courses, skate parkequipment, lemonade stands.
•The building code clearly has requirements related to pools but specifically exempts playstructures from permit requirements. Section 5-76 amends section 105.2 of the IBC andexempts from permitting the following types of recreational improvements: playhousesless than 120 square feet, above ground pools that are less than 24 inches in depth and notgreater than 5,000 gallons, and swings and other playground equipment accessory to
detached one- and two-family dwellings.
•The zoning code (Chapter 26) offers less clarity. Section 26-123 (Definitions) providesdefinitions for the terms structures and buildings (emphasis added):
Building. A structure having a roof supported by columns or walls.
Building, accessory. A subordinate building or portion of a main building the use
of which is incidental to that of the main building or use on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. An
urban garden use may but is not required to have a main building. Except for
urban garden uses, an accessory building must be clearly subordinate to a main building located on the same lot and an accessory structure shall not be located on a vacant lot devoid of a main building.
Structure. Anything constructed or erected, the use of which requires a more or
less permanent location on the ground, but not including earthworks, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines or poles, walks, driveways or curbs.
•Section 26-625 relates to accessory buildings and structures and subsection A notes the
following (emphasis added):
A.Purpose and scope. The purpose of this section is to allow accessory buildings thatare incidental and subordinate to the principal use and structure on a property and to
ATTACHMENT 1
set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct
accessory buildings on challenging properties relative to size and existing physical
improvements while minimizing adverse impacts on surrounding properties. The terms building and structure are used interchangeably in this section and all regulations herein apply to buildings and structures, irrespective of the term used.
• Subsection 26-625.B establishes that the zone district standards of Article II (Sections
26-205 to 26-220) apply to accessory buildings and structures.
• Recreational structures such as those listed above are not specifically described in Chapter 26, so this policy seeks to explain whether and how these types of improvements are subject to the development standards of Sections 26-205 to 26-220.
• In order to provide consistent enforcement as well as clarity and consistent messaging to the public, the Community Development Department hereby adopts the following Administrative Policy.
ADMINSTRATIVE POLICY
• All in-ground pools, above-ground pools, and hot tubs shall be subject to the accessory building setback requirements of Chapter 26. The size of the pool/hot tub shall dictate whether it is subject to the major or minor setback requirements.
Any pool or hot tub exceeding the minor accessory structure size shall be subject
to the major accessory structure setback. Setbacks shall not apply to those pools which are otherwise exempted from building permits. The size of the pool or hot tub is limited by the ability of the lot to comply with the overall building/lot coverage requirements.
• Other types of recreational equipment that are not designed for permanent occupancy; not supplied with permanent electricity; not substantially enclosed to the ground; and not designed with water, sewer, or other utilities shall not be subject to the requirements of Chapter 26. This includes but is not limited to
playsets, tree houses, goals and nets, obstacle courses, trampolines, skate park equipment, yard games, bounce houses, basketball hoops, tetherball poles, and outdoor movie screens.
Item No. 3
Memorandum
TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: June 3, 2021 SUBJECT: Review of Council Rules of Order and Procedure
ISSUE: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of
procedure for meetings. Section B of Suspension and Amendment of these Rules states “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.”
PRIOR ACTION: Council Rules of Order and Procedure were last amended on February 25, 2019 and included the following amendments:
• 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.
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.
BACKGROUND: An email was sent to the Mayor and Council on May 22, 2021 asking for recommendations for
amendments to the Council Rules of Order and Procedures. The following items were received
or submitted at an earlier date (City Attorney comments in red):
Councilmember Hultin:
1. Replace "Citizen" with "Public" or "Member of the Public" for "Citizen's Right to Speak"; and replace "Citizen" with "Public" or "Member of the Public" throughout the
document. 2. Clean up the rules throughout to consistently use the either the term "Chair" or "Presiding Officer". 3. Section 11.4.e. – Written comments – amend to take into account comments received by the public through Wheat Ridge Speak.” “Written comments provided to the Council in
any of the online tools provided by the City, or in hard copy.” 4. Sections II.A.2.a & II.A.3.a: I would like to reduce the number of donated time slots from two to one for a total of 6 minutes 5. Sections II.A.2 & II.A.3: can we add a section allowing for additional time in the event the speaker needs translation services?
6. Section III.B.1.c: Include option for a nominee to withdraw their name from consideration.” “Nominees may choose to remove their name from nomination.” 7. Section IV.C: Do we need to specify who has the right to adjourn a meeting? “Any meeting of the Council may be adjourned, by majority vote of members present, to a later date and time.”
8. Section V.B: Can we move Approval of Minutes and Approval of Agenda to before Proclamations and Ceremonies? 2 reasons: #1: sometimes we have a lot of proclamations and ceremonies. If the agenda is being modified and affecting people in the room to speak, it would be considerate for them to know earlier in the meeting. #2: The agenda includes the proclamations and ceremonies, so it makes sense to me to approve that
agenda beforehand. 9. Section V.E: Do we need to include any references to the automatic postponement of a hearing due to a protest? I would not – this is well covered by the recently—adopted Code amendment, and it is not recommended to have the procedure in both places – the procedure itself is relatively complicated and should not be summarized in the Rules.
10. Section V.E.2: Did we decide to take any formal action during hearings to acknowledge online comment has been received and reviewed? If so, do we need to include that procedure in the Council Rules? I would not include in the Rules. As you will recall, the staff always asks that the contents of the case file, code, digital presentation, etc. be included in the record of the hearing at the beginning; the case file includes online
comments, written comments, etc. I wouldn’t call out online comments separately – they are in the case file and will be in the hearing record.
Councilmember Urban
11. Section IV: Council meetings and meeting procedures for virtual attendance by
councilmembers. Add a new Subsection A entitled “Attendance at Meetings, to read
(more or less): “Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, members may attend virtually by telephone or through the zoom or other remote attendance platform provided by the City and amend Section A.1 to read “the Council meets for Regular, Adjourned, …et
Meetings…” [thus deleting “in the Municipal Building;” so as to cover situations
involving other locations, and virtual meetings]
Jerry Dahl
12. Section V.E (Public Hearings, I would revise the second sentence to read: “There is no
limit on individual public testimony, provided, however, that the presiding officer may impose a limit on individual speaker’s time IN CONSIDERATION OF THE NUMBER OF SPEAKERS SIGNED UP ON THE HEARING ITEM AND THE AVAILABLE TIME FOR THE HEARING.
RECOMMENDATION: Council should review the proposed changes to the Rules and Procedure and propose any other recommended changes. Final changes will be placed on the next Council agenda for consideration.
ATTACHMENTS: 1. Rules of Order and Procedure, February 25, 2019
RULES OF ORDER AND PROCEDURE
FOR THE
CITY COUNCIL
OF THE
CITY OF WHEAT RIDGE
COLORADO
Revised: February 25, 2019
ATTACHMENT 1
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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
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, before publication, 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, pursuant to Charter Section 5.2, 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
• PROCLAMATIONS AND CEREMONIES
• APPROVAL OF MINUTES
• 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. 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.