HomeMy WebLinkAbout2-06-23 Study Session Agenda PacketSTUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO February 6, 2023
6:30 pm
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Public Comment on Agenda Items
1. Zoning Code Modernization
2. Clean Fleet Retail Delivery Fee (CFRDF) – Tax Exemption
3. Review of Council Rules of Order and Procedure
4. Staff Report(s)
5. Elected Officials’ Report(s)
Memorandum
TO: Mayor and City Council FROM: Scott Cutler, Senior Planner
THROUGH: Lauren Mikulak, Interim Community Development Director
Patrick Goff, City Manager DATE: January 27, 2023 (For February 6, 2023 Study Session)
SUBJECT: Zoning Code Modernization
ISSUE:
From time to time, staff recommends updating the zoning code (Chapter 26) as it relates to best
practices, lessons learned from peer cities, updated policies and processes, to correct typographical errors, to clarify code language, and as a result of long-range plan adoption. Both
the City’s mixed-use code requirements (Article XI) and subdivision requirements (Article IV) have not been updated in some time.
City Council is now well educated on the cost of developing housing in the City of Wheat Ridge.
The Affordable Housing Strategy discussion and adoption included recommendations to reduce barriers to affordable housing development in Wheat Ridge, and some of the recommendations within this memo are directly related to that goal.
The other recommendations within this memo seek to modernize portions of the code that have
not been reviewed in whole in several years. This memo is divided into two general sections: 1) Article XI (mixed use) updates, starting on this page, and 2) Article IV (subdivision) updates, starting on page 6.
Questions for Council are included throughout the memo, with a recommendations section to summarize everything at the end. ARTICLE XI (MIXED USE CODE): The City’s mixed use zone districts and standards were created in 2010 as Article XI of Chapter 26. The mixed use districts were designed to create a flexible approach to land uses and to
enhance the character of Wheat Ridge’s commercial corridors. After creating the zone districts,
City Council approved legislative rezonings of the 38th Avenue corridor in 2011 and the Wadsworth corridor in 2012. Since 2010, the City has seen a large amount of development and reinvestment in properties with mixed use zoning, which shows the success of those districts.
However, the mixed use code has not been comprehensively reviewed since its adoption nearly
13 years ago. Given the large amount of development continuing to occur in mixed use districts
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and the continued demand to rezone to mixed use zones, staff has reviewed the code and provided recommendations within this memo to update and clarify regulations as needed. These
recommendations seek to modernize portions of the code, to provide better clarity and
organization for easier administration, to establish standards that were not included in the original regulations, and to reduce some barriers to affordable housing development and reinvestment in Wheat Ridge.
2010 Code
The 2010 addition of the mixed use code as Article XI was a substantial change to the zoning
code and was designed to attract and incentivize redevelopment in the City. Prior to the mixed use code, the previous zoning code outright prohibited or greatly restricted mixes of land uses on the same site and relied upon a cumbersome planned development process. The mixed use code for the first time in Wheat Ridge allowed for a wide range of land uses, incorporated design
standards directly into the code, enabled some higher-density development and a mix of land
uses along commercial corridors and areas adjacent to rail transit.
Other Updates
Since 2010, the mixed use code has periodically had minor updates as other ordinances have
been adopted to clarify the code or define terms. However, the code has not been reviewed in whole since 2010, which is a long time without a comprehensive review. Only one ordinance
made a significant change to the mixed use code, Ordinance No. 1686 (2020), which required additional design standards for attached residential development (i.e. townhomes) including an effective ban on “slot homes.”
Discussion Topics Staff is recommending a quick cleanup list in Topic 1 below, which includes necessary fixes to the code based on lessons learned, lack of clarity, and to quickly support affordable housing efforts. Other topics may require additional discussion. Topic 1 – Code Cleanup Items This list was started in 2012 as staff quickly noted some items needing clarity within the mixed
use (MU) code, and the cleanup list has expanded substantially as staff has processed numerous
development applications in the mixed use zone districts. However, due to staff resources and other demands, this cleanup was not prioritized. Given the recent adoption of the ADU ordinance, increasing questions about some code requirements, and continued demand for development, staff is requesting these cleanup items proceed to a code amendment in early 2023. Deficiencies in the current code have required staff to adopt some administrative policies to
clarify confusing or missing language. These modernization and cleanup items include:
• Create standards for accessory buildings: The original mixed use code did not include any regulations for accessory buildings, which was an oversight. Staff currently relies upon an administrative policy from 2012 to regulate buildings such as garages or sheds in
mixed-use zones given the lack of clarity in the code. The intent was not to prohibit
accessory buildings in MU but there are no substantive regulations in the code. Given the adoption of the ADU ordinance, the MU-N district could see some ADUs being constructed in addition to the other accessory buildings (garages, sheds, etc.) already
being built, and we are overdue to include standards in the code. Staff is recommending
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similar regulations to the other existing mixed use standards for setbacks and height and to incorporate standards similar to the administrative policy generally following C-1
standards for commercial and R-3 standards for residential projects.
• Clarify and update open space requirements:
o Remove language that community gardens cannot count towards useable open space. Staff is unsure why this was included in the original ordinance; these spaces otherwise meet the codified definition of usable open space.
o Clarify that walking paths at least 5 feet in width may count towards useable open
space if part of a pedestrian network such as a walking loop or through other useable open spaces such as a common lawn or plaza. For sidewalks that do not meet these width or connectivity standards, staff has not counted them toward usable open space, and a code basis would be helpful in negotiations with
developers.
o Clarify how private fenced yards do or don’t count towards open space percentage. o Clarify minimum plant sizes and quantities with reference to standards in Section
26-502.
o Allow artificial turf in limited circumstances, such as central plazas or play areas.
• Refine building placement and orientation standards: o Require public-facing entrances in MU-C TOD and increase its build-to requirement from 50% to 60% to better encourage dense and pedestrian-oriented
development in Transit-Oriented Development (TOD) areas
o Clarify that the Community Development Director, not the applicant, gets to decide what the “predominant orientation” of townhomes are
o Require accessible pedestrian walks to be at least 5 feet in width
• Clarify drive-thru and gas station separation requirements
• Update permitted uses: o Add major utilities per Xcel’s requirements. Public utilities are permitted in other zone districts. o Add food truck court as a permitted use where restaurants are allowed
o Prohibit drive-thrus in the MU-C TOD zone
o Update definition of personal services to be more all-encompassing, per American Planning Association (APA) recommendations. Staff also recommends updating the standard zoning code with the same definition and updating the use charts for
commercial/industrial zones for consistency.
o Define maker space/workshop and allow in MU zones. Need to differentiate between “restricted light industrial” or flex/industrial and the lighter uses like
maker spaces or small workshops. Also need to differentiate between “research and development” uses (such as labs and prototype production) and larger-scale manufacturing. Future discussion would be necessary after a Comprehensive Plan
effort to consider mixed-use industrial flex uses more broadly. Staff recognizes
the lack of flexibility in current MU and industrial zones to accommodate these types of flex uses.
• Building materials:
o Add siding such as fiber cement, board and batten, and lap as a permitted material
but not a primary material. Staff has already interpreted siding to be allowed as
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long as there is a primary material provided such as brick or stone, as siding is not in the list of prohibited materials. Staff recommends allowing siding as a
secondary material and limiting the amount depending on visibility.
o Require less change in material if a façade is all or predominantly brick, allowing a more classic architectural design with a full façade of brick and some changes in the brick pattern to still allow variation. The current code would require a brick façade to be broken up with other materials, but this does not always make sense
in practice. Staff recommends retaining the requirement for material variation
when other materials such as stucco, concrete, and siding are used to ensure high-
quality architecture. There has not been a community consensus on requiring brick or traditional design; rather public feedback over the years has supported a less prescriptive approach and has supported an eclectic mix of architecture. o Clarify gas station canopy architectural requirements
o Explore adding thickness requirements for brick/stone veneer products to ensure
quality. This may require additional research to see if this is prevalent in other cities’ design requirements. o Allow transparency requirements on corner lots to be transferred to a different
street-facing façade, to be consistent with the Architectural and Site Design
Manual.
• Clarify and add cross reference to the City Charter regarding height and density and exempted areas. This cross reference puts all density and height provisions in one place and creates a more user-friendly code.
• Update and clarify bicycle parking/storage requirements to be more in line with surrounding communities, as current standards are limited and outdated.
• Clarify existing height bonuses for structured parking and update cross-references; all
height related provisions need to be in one place in the code.
• Update vertical screening requirements to be consistent with other fencing standards and sight distance requirements.
• Update screening requirement for rooftop mechanical equipment to be consistent and more user- and reviewer-friendly.
Question: Does Council support a code amendment to address the items in this list? Topic 2 – Reduce minimum parking requirements for deed-restricted affordable housing to
align with the recommendations in the Affordable Housing Strategy
The City’s parking standards do not contemplate various types of housing and household types. In MU zones, all residential projects are required to provide a minimum of one (1) parking space
per unit up to a maximum of 2.5 spaces per unit. In other zone districts, residential projects typically need to provide between 1.5 to 4 spaces per unit depending on unit type and on-street
parking availability. As Council was made aware in the Affordable Housing Strategy adoption, building parking can add considerable costs to developments. Modifying parking minimums was identified as a recommended action item and immediate priority for Council. Due to land costs and construction costs, a single parking space can add tens of thousands of dollars per dwelling
unit. Wheat Ridge’s parking requirements tend to be suburban-oriented in nature and only
contemplate households that own a vehicle or multiple vehicles.
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A more nuanced and contemporary approach to parking regulations would consider the
proximity of housing to transit, resources, and services. This proximity impacts the need to own
a vehicle, and utilization of parking tends to be lower in areas with greater services and transit access. The City’s MU districts, and some higher-density residential zones, are in close proximity to transit corridors such as the Wheat Ridge · Ward Station. Similarly, Wadsworth Blvd and 38th Avenue projects are located within walking distance to existing commercial
centers and services.
Parking studies provided by Foothills Regional Housing (FRH) and the City and County of Denver show that the utilization of parking at deed-restricted affordable housing is significantly lower than the Wheat Ridge mandate of 1-1.5 spaces per unit. Across FRH projects, there is an average utilization of 0.29 vehicles per dwelling unit, and in permanently supportive housing that
rate drops to only 0.088 vehicles/unit (or 1 in 12). Denver recently lowered parking minimums
for affordable housing to 0.1 spaces/unit and eliminated them altogether in TOD areas. Even if the City’s administrative adjustment process is used to reduce parking requirements by 25%, the 0.75 space per unit requirement is still more than double the average utilization rate of parking
spaces at deed-restricted affordable housing in the Metro Area. The current Denver standards are
below:
Housing Type Parking Requirement
Any affordable housing in TOD (within ¼ mile of rail or BRT) 0 spaces per unit
60% AMI or below 0.1 spaces per unit (in all zone districts) Other deed-restricted affordable housing 0.75 spaces/unit in low density, 0.5 spaces/unit in medium density, 0.25 spaces/unit in high density
Senior 55+ housing (any income level) 0.25 spaces per unit (in all zone districts)
Shelters 0.125 spaces per 1,000 sf gross floor area
Staff recommends following the recommendations in the Affordable Housing Strategy to reduce
minimum parking requirements for deed-restricted affordable housing in MU and higher-density residential zones. Staff also recommends reducing the parking maximums for deed-restricted affordable housing to encourage better utilization of the land than providing excess parking. A more market-based approach on parking and alignment with the FRH/Denver recommendations
and studies will make Wheat Ridge a friendlier place to develop affordable housing. Reducing or
removing parking requirements would not eliminate the need for accessible parking spaces required by the Americans with Disabilities Act (ADA) or loading areas. This aligns with recommendations from the American Planning Association (APA) and other national best
practices.
Question: Does Council support reducing or removing minimum parking requirements for deed-
restricted affordable housing in mixed use (26-1109) and higher-density residential zone districts (26-501)? If so, staff recommends including in the Topic 1 “Code Cleanup Items” code amendment in order to move this forward in the near future.
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Topic 3 – Revise minimum parking requirements for changes of use in commercial
buildings constructed before incorporation
The City of Wheat Ridge incorporated in 1969, but a large percentage of the City’s commercial buildings on the 38th Avenue and 29th Avenue commercial corridor were constructed well before incorporation. Many buildings date back to the 1920s-1950s when parking requirements were
much lower or nonexistent, and many commercial buildings were built without parking
altogether. These conditions make administering the current parking requirements challenging,
because with any change of use of a building, staff is required to assess the current parking requirements. For example, a building on 38th Avenue was built without any parking as part of the original “main street” and is being converted from an office to a restaurant. The current code would require staff to assess parking requirements for that change of use, which would either
require the owner to obtain a variance to reduce parking requirements, build parking on site
(which is not always feasible), or pursue a shared parking agreement with other nearby property owners (which can be challenging to negotiate). This presents a huge barrier to reuse of aging commercial buildings and has increasingly become a prevalent issue as the City sees increasing
attempts at reinvestment and revitalization; this has been an issue on corridors like 29th, 38th and
44th Avenues. To address this issue, other cities have established narrow exceptions to parking requirements. For example, Denver does not assess parking requirements for changes of use in buildings built
prior to 1967. This seems to be prevalent in cities that have many buildings constructed prior to
the proliferation of the automobile and the establishment of minimum parking requirements
(which began in the 1950s-1960s). Infill and changes of use are different than new development, and it is more appropriate to amend the code to accommodate this classification of properties than to rely on the variance
process. This recommendation aligns with goals in the Neighborhood Revitalization Strategy, the
intent of the mixed use code, and future 44th Avenue plan recommendations which all encourage reinvestment in aging properties. It would also be one less barrier to business owners attempting to reinvest in aging commercial properties. The current parking requirements would still be
assessed for any new development and construction.
Question: Does Council support removing minimum parking requirements for changes of use in buildings constructed before the City’s incorporation? This would require edits to the mixed use code and a similar amendment to 26-501, although the majority of the buildings affected are in
mixed use zones. If so, staff recommends including in the Topic 1 “Code Cleanup Items” code
amendment in order to move this forward in the near future. ARTICLE IV (SUBDIVISION CODE): The City’s subdivision requirements are found in Article IV of Chapter 26 of the City Code and were last comprehensively updated in 2014 when Ordinance 1547 repealed an older subdivision
code and replaced it with a new version. Since 2014, 125 subdivision applications have been
processed by the City. Of those 125 subdivisions, 41 of those required review from Planning Commission and City Council, 13 required review from Planning Commission only, and the remaining 71 were reviewed administratively.
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In addition to the updates needed to address affordable housing issues, the other
recommendations within this section seek to modernize portions of the subdivision code to
provide clarity and organization within the code, to establish consistent public improvement requirements, and to simplify the subdivision review process where feasible.
Definition
A subdivision entails the creation or reconfiguration of lots, tracts, or parcels for the purpose of
sale or development, and in some cases to clean up title or ownership issues. Section 26-406.E
notes that subdivisions are technical documents that are non-discretionary in nature. Subdivisions do not change zoning or permitted uses. Rather, they prepare land for development for uses already permitted by the underlying zoning. A subdivision plat defines property lines and can establish easements for utility, access, and drainage purposes. A plat can also dedicate or vacate
right-of-way.
2014 Subdivision Code Update The 2014 subdivision ordinance simplified review procedures from the City’s previous
subdivision code, which relied upon public hearings for almost all types of subdivisions. The
2014 update still relies heavily upon public hearings but expanded administrative review for subdivisions up to 3 lots. The ordinance clarified parkland dedication requirements including
fees-in-lieu and clarified public improvement requirements. It also updated terminology and consolidated previously more complicated design standards and quantitative standards.
Other Updates
Since 2014, the subdivision code has been periodically updated as other ordinances have been adopted or to clarify the code. In other instances, the code has been updated at a request of Council. However, the code has not been reviewed in whole since 2014.
• Ordinance No. 1749 (2022): Declaring race and religion-based covenants illegal and
unenforceable and requiring a plat note on subdivisions concerning the same.
• Ordinance No. 1703 (2021): Access to public streets
• Ordinance No. 1693 (2020): Parkland dedication fee due at building permit, not platting.
• Ordinance No. 1686 (2020): Lot line adjustments for previously platted townhomes to be administrative regardless of number of lots affected, if design is not substantially changed.
Discussion Topics Topic 1 – Waiver of Parkland Dedication Fees for Deed-Restricted Affordable Housing
The City’s current parkland dedication requirement established by Section 26-414 is applied to
all residential projects within the City. Developers are either required to dedicate public parkland on site or pay a fee-in-lieu of dedication. Since most sites would only have small or impractical dedications, most developers are required to pay the fee-in-lieu. Currently, only ADUs and nursing homes are exempt from this requirement. The fees are assessed based on the “density factor” which acknowledges different household sizes and impacts. For example, the developer
of a single-unit home or apartment building pays $2,497.29 per unit, and projects located within
an urban renewal area or mixed-use development pay $2,021.62 per unit.
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There are currently no exemptions or fee waivers for deed-restricted affordable housing projects,
which are defined as units that have agreements recorded against the property limiting the rent or
sales price of that unit based on income. For example, a 50-unit affordable housing project would be required to pay $101,081 under the current model. Council was recently informed of the cost of developing housing during the adoption of the
Affordable Housing Strategy. Page 52 of the strategy document specifically calls for fee waivers
or reductions for projects with an affordable component; although City-imposed development
fees are a relatively small portion of the total development costs of a housing unit, any City contribution to affordable housing can help to shrink gaps. Staff recommends waiving the parkland dedication/fee requirement to reduce the burden of deed-
restricted affordable housing development in Wheat Ridge. As of 2022, the City’s park system is
largely built out and fees-in-lieu are often used to supplement existing assets. The proposed fee waiver for deed-restricted affordable housing units would not negatively impact the City’s system of parks and trails. In a project consisting of a mix of affordable housing and market rate
units, the fee reduction would only apply to the deed-restricted affordable units.
Question: Does Council support a waiver to the parkland dedication and fee-in-lieu requirement for deed-restricted affordable housing? If so, staff will proceed with a code amendment in early 2023.
Topic 2 – Update Code for Consistency and Clarity as Needed
Staff recommends updating incorrect or outdated cross-references as needed, adding modern terminology, and removing sections of the code that conflict with the current subdivision regulations. This includes:
• Add a reference to internet in utility requirements.
• Update 26-404.D.4 to state parkland fees are due at time of building permit. This was missed during Ordinance 1693 and needs to be updated.
• Clarify when Homeowners Associations and/or party wall agreements are required and
outline the maintenance obligations of HOAs. The current requirements are vague and have resulted in confusion amongst staff and developers. HOAs are typically necessary when there are common elements within a subdivision boundary, such as a water
detention pond, private alley, or shared open space. The City has historically required an
HOA instead of a party wall agreement because an HOA has the ability to fund the necessary maintenance of common elements. Codifying such requirement would be important in the face of recently increasing pushback from developers and builders.
• Remove Section 26-117.C which conflicts with the current subdivision requirements in Article IV. This section requires any consolidation plat for multi-unit residential to be
reviewed by Planning Commission and City Council, regardless of the number of lots. This does not align with the Article IV requirement that Planning Commission reviews 4-5 lots and City Council reviews 6+ lots. It also states that City Council reviews Planned Building Group site plans, which has since become a Planning Commission review (or
administrative in some cases). Staff recommends removing this section altogether as not
doing so in 2014 was an oversight. This is an older code section that has not been
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enforced since the 2014 ordinance. It is staff’s recommendation to keep all subdivision related provisions within Article IV to the greatest extent possible.
• Codify an administrative policy clarifying requirements for consolidation plats for redeveloping lots of record. This would allow more streamlined approvals of consolidation plats or property merger covenants for one single-unit home including concurrent review with the building permit application. This comes up most commonly in relation to older plats in East Wheat Ridge which date to the late 1800s and early 1900s.
In these subdivisions, it is common for residential properties to be comprised of two or
more lots that are individually 25 feet wide. This unique circumstance warranted a policy that clarified when a plat versus a covenant were appropriate in order to hold the narrow lots as one property of record. A covenant is a common tool for this situation in the metro area and it would be more appropriate to codify the tool rather than rely on a policy.
• Update the application checklist based on current expectations. The code includes minimum submittal requirements, and a complete checklist is routinely updated administratively. The code requirements need to be updated to include any additional
materials as necessary and to remove outdated items.
Question: Does Council support a code amendment to address the items in this list? If so, staff
recommends including subdivision topics 1 and 2 in a single code amendment in order to move this forward in the near future.
Topic 3 – Clarify Utility Undergrounding Requirements
The subdivision code requires the subdivider/developer to install utilities, including new water/sanitary lines, electrical service, gas service, etc. Section 26-417.3.c discusses placement of utilities and states “all new utilities shall be placed underground.” This language, although
seemingly simple at the surface, has caused confusion with developers and staff and is much
more simplistic than other communities. Staff has historically interpreted this to mean that all utilities adjacent to the development need to
be undergrounded, which generally includes electrical and telephone lines. However, in practice this is challenging to administer as the code language only says “new” utilities should be
undergrounded.
Staff is also aware that requiring underground utilities along the frontage of a subdivision may have disproportionate effects on small infill development and may require significant utility
work well beyond the frontage of the property. There is also nowhere in the code to clarify how
the City should enforce these requirements and there is no consideration for exceptions or waivers (with the exception of allowing some components above ground such as major distribution lines and transformer boxes).
Policy direction from Council will help to inform more clarity in the code. For example, does
Council have a strong desire to underground utilities on all streets or just along key corridors? Do we want to incorporate waiver considerations such that undergrounding requirements do not deter infill development, particularly on smaller sites?
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Question: Does Council support staff’s review of other cities’ requirements and updating the code to clarify what is required? Are there any policy priorities for Council in this regard? If
there is support to clarify this code section, staff recommends bringing this topic back in a future
study session. Topic 4 – Update Public Hearing Requirements for Subdivision Plats
The City’s review procedures for subdivisions are increasingly out of alignment with other cities
in the metro area and even more so nationwide. Wheat Ridge is a rarity in that many subdivisions
are required to go to public hearings at Planning Commission and/or City Council, with few exceptions. Currently, subdivisions containing less than 3 lots are administrative (staff) review only, 4-5 lots require a Planning Commission hearing, and 6 or more lots require Planning Commission and City Council approval. The last discussion regarding plat review process
occurred in late 2018, was focused on flag lots, and did not ultimately result in any change in the
code. Staff is seeking to revisit a discussion on the review process to better manage public expectation and to acknowledge best practice.
A flaw with the City’s current public hearing requirements for subdivisions is that we are asking
for public engagement and feedback when it often cannot impact a decision. Subdivisions are created for uses which are already permitted on the property, and seeking public input on a plat is confusing when the proposed use or development is already allowed by the zoning. Public hearings create the impression that the proposed use or site plan for a property is up for debate or discretionary review; this is true for a rezoning, planned development, or variance when the
proposed uses and development standards are changing, but not for subdivisions.
Since 2014, the City has become much more sophisticated in how we engage with the community, including the introduction of the Let’s Talk program. In recent years, Council and staff have increasingly prioritized meaningful public engagement and clear public information.
Public hearings are available online, letter notice for public hearings has been expanded, posting
signs have been updated, and an online map is in development to help people learn about active developments and public projects.
Lessons learned from public engagement efforts and staff training include a more sophisticated understanding of how to engage or inform the public in a given situation. When it comes to
subdivision plats, we put decisionmakers in an uncomfortable position and we mislead the public
when we ask for public input and imply that decisionmakers have discretion. Subdivisions are ministerial actions, and Planning Commission and City Council are compelled to approve them if all requirements of the underlying zoning and subdivision design standards are being met.
Neighboring communities have higher thresholds for when public hearings are required for subdivisions. Some do not require public hearings at all, and some require hearings only for major preliminary plats of large developments (at a Clear Creek Crossing or Lutheran Legacy Campus scale). Others require some public hearings in limited circumstances; for example,
public hearings are sometimes retained when right-of-way is being vacated. However, routine
subdivision applications for residential uses (including townhomes and multi-unit residential) and for commercial developments are generally administrative processes; this includes nearby communities such as Aurora, Boulder, Fort Collins, Thornton, Denver, and Commerce City.
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Other nearby peer communities also have significantly reduced public hearing requirements for plats, including Englewood, Arvada, Lakewood, and Littleton. It is exceedingly rare that any
subdivision application is reviewed by a City Council, generally with the exception of right-of-
way vacations, and in some cases preliminary plats for large planned developments. Wheat Ridge’s requirements put it out of alignment with other communities and best practice. From the public standpoint, hearings introduce confusion and division. From the developer
standpoint, hearings introduce uncertainty, are inconsistent with other communities, lengthen the
overall development process, and add cost and risk into the approvals process. From staff’s
standpoint, we undermine public trust, expend significant resources, introduce liability if approvable plats are not approved, and put the City at a competitive disadvantage. Staff recommends reducing the public hearing requirements for subdivisions to be more in line
with surrounding communities. Staff recommends retaining the public hearing requirements for
right-of-way vacation, and potentially for full-street right-of-way dedication and variances, to be consistent with surrounding communities. If the requirements for public hearings are removed or reduced, staff recommends that public information be added to the review process to ensure
residents and neighbors are informed of potential development. This could be a formal city-
initiated notice (a mailing or sign posting) and/or informal notice (shown on the future public-facing development map); both are methods other cities have implemented successfully. This
recalibration ensures the public can still be informed of development, but in a more appropriate way that does not mislead about their role in the process. Due to the more intensive nature of this code amendment, staff recommends this change occur by separate ordinance to allow the more
minor changes of Topics 1 and 2 to advance more quickly.
Question: Does Council support staff removing or reducing public hearings for plats and instead recalibrating ways to inform the public?
If there is not a consensus to reduce public hearing requirements, staff makes the following
minimum recommendations related to the subdivision review process:
• Staff recommends better clarity in the code regarding how plats are classified. o Clarify that tracts which are undevelopable (such as for detention ponds) are
excluded from the count of lots that determine how the plat is processed. By administrative policy, undevelopable tracts are excluded from the count that creates those thresholds and the code should reflect this. The code implies this, but it is not clearly stated. o Revise how the number of lots are determined for consolidation plats. The lot
count for these plats should be based on the number of lots resulting from the
consolidation, not based on the total number of lots being consolidated. The code currently bases the count on the number of lots “involved” in the replatting. For example, the Spallone Replat approved by City Council in 2021 involved 21 substandard lots of record being consolidated into 3 lots (for the 3 existing
buildings on site). The code required that plat to be reviewed by City Council
despite it being a routine consolidation to clean up ownership issues and lot lines and despite it reducing the overall number of lots; if the end number of lots was used, it would have been an administrative review.
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• Variances to the subdivision regulations should only be reviewed by Planning Commission, not automatically by City Council. It is not typical for city councils to
review variance applications to subdivisions; this is more typically handled by Planning Commissions and in some cases Boards of Adjustment. Variances to subdivision applications are very rare as it is difficult to meet a majority of the variance criteria outlined in Section 26-115 and 26-409. Planning Commission is best equipped to review variances for subdivisions given they already review other discretionary land use cases
including planned developments. The Board of Adjustment reviews standalone variance
requests, but does not review a variance when associated with an additional development request approved by another body. Question: Does Council support staff’s minimum recommendations to clarify how plats are
classified and how variances to subdivision applications are reviewed? If so, these could be
included in the code cleanup ordinance. RECOMMENDATIONS:
Next steps will depend on Council’s direction and could include a few ordinances and potential
follow-up discussions on certain topics. For ordinances that advance, they would go to Planning Commission first and then to City Council for final approval. Staff recommends separate ordinances for the two code cleanup items, one focusing on the subdivision code changes and one focusing on the mixed-use code changes. Separate ordinances
are recommended if Council wants to pursue changes to utility undergrounding requirements
and/or changes to subdivision public hearings (beyond the minimum recommendations), and an additional study session for those topics may be necessary. Future Topics
The Affordable Housing Strategy includes additional code amendments that would affect MU
code sections. However, these updates will require more research and would be better handled in a future code amendment which could include inclusionary requirements for affordable housing. A future study session will be scheduled to discuss the following:
• How mixed-use projects are defined and how height bonuses for mixed-use buildings
would be applied; i.e. how much commercial is needed for a residential building to
qualify for the existing height bonus for being mixed-use?
• Inclusionary requirements for affordable housing in mixed-use zones, which could include a requirement to include a certain percentage of affordable housing in new
residential projects in mixed-use zones and a fee-in-lieu option.
• Addition of the R-4 zone district including some inclusionary requirements. Although not a mixed-use zone district, a future code amendment would likely include the changes to MU plus the new R-4 district under the banner of addressing affordable
housing and increasing housing options.
Memorandum
TO: Mayor and City Council
THRU: Patrick Goff, City Manager FROM: Allison Scheck, Deputy City Manager Mark Colvin, Finance Manager Gerald Dahl, City Attorney
DATE: February 6, 2023 SUBJECT: Clean Fleet Retail Delivery Fee - Exemption from Sales Tax
ISSUE: Effective July 1, 2022, SB21-260 created within the Colorado Department of Public Health and
Environment a clean fleet enterprise for the purpose of incentivizing and supporting the use of
electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle.
The fee is $.27 per delivery. City staff’s recommendation is to follow Colorado Municipal League’s
(CML) recommendation and exempt the delivery fee from taxation. PRIOR ACTION: Delivery fees are taxable per City of Wheat Ridge Code Section 22-21.
FINANCIAL IMPACT:
The City does not currently require taxpayers to report delivery fee revenues. Therefore, staff have estimated that based on an analysis of the annual taxable revenues of seven well-known delivery-based taxpayers, taxation of the $.27 CFRDF would generate incremental annual sales tax revenue of $500 per year. Analyzed differently, staff estimate that if there are 1,000 daily deliveries in Wheat
Ridge, on an annualized basis, incremental annual sales tax revenue from the CFRDF would
approximate $3,500. DISCUSSION:
The following arguments are in favor of exempting the CFRDF from sales tax.
Is the CFRDF a Fee or a Tax? While the good intentions of SB21-260 are indisputable, it is widely held by municipal finance leadership and CML that the CFRDF, at the State level, is a tax in disguise. In fact, the Colorado Municipal League (CML) has held several forums on the subject since early 2022. CML
recommends that home-rule municipalities exempt the fee from sales tax given the absence of clear
direction about taxability of the fee from the State. CML also believes that the fee could potentially trigger a TABOR challenge.
Staff Report: Clean Fleet Retail Delivery Fee February 6, 2023
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Per Sheppard Mullin, a national law firm focused on the retail industry:
“Business groups and a State Senator have filed a lawsuit alleging that SB 21-260 violated ballot
initiative Prop 117, which won over 53% of voters in the election. Prop 117 was a ballot initiative in
2020 which required voters statewide approve new state enterprises when the enterprise’s projected or actual revenue from fees and surcharges is greater than $100 million within its first five years. They allege these new fees are just taxes in disguise and are a way for the state government to get around the tax accountability goals of Prop 117.”
The Independence Institute, in a similar analysis as Sheppard Mullin, notes that the fee is a “bait-and-switch” and that “the legislature has exploited another workaround to both TABOR and 117.”
Wheat Ridge Municipal Neighbors
The following table, provided by CML, lists the home rule municipalities that have exempted the CFRDF for the same reasons as noted in this memo. Note that the City’s neighbors, Denver, Golden, Arvada and Lakewood, have exempted the CFRDF from sales tax and additional home rule municipalities will likely follow.
Home-Rule Municipalities Exempting the CFRDF from Sales Tax
Arvada
Aurora
Brighton
Castle Pines
Colorado Springs
Commerce City
Craig
Denver
Evans
Fort Collins
Golden
Greeley
Lakewood
Loveland
Mt. Crested Butte
Parker
Vail
Staff Report: Clean Fleet Retail Delivery Fee February 6, 2023
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Highway Users Tax Fund The State’s fiscal plan for SB21-260 revenue is to direct $.0597 of each $.27 fee it collects to the Highway Users Tax Fund (HUTF). The City receives an annual distribution from HUTF of over
$1,000,000. Staff estimate the State’s fiscal plan for SB21-260 will benefit the City with an
additional $15,000 annually from HUTF. That $.0597 of the $.27 fee is being transferred into a tax
fund is further evidence that CML believes the CFRDF is merely a tax disguised as a fee. Whether or not the City exempt the fee from taxation, it is guaranteed to realize an increase in HUTF annual revenues. Cost vs Benefit
The cost of administering taxation on the CFRDF exceeds or approximates the estimated benefit. At minimum, staff estimates the cost of staff time to ensure compliance in sales tax reporting and to provide customer service is approximately $3,500 annually.
NEXT STEPS: Staff is requesting direction from Council on next steps with regards to drafting an ordinance to exempt the CFRDF from sales tax.
Memorandum
TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: January 29, 2023 (for February 6, 2023 Study Session)
SUBJECT: Review of Council Rules of Order and Procedure
ISSUE:
Consensus was reached at the City Council Retreat on January 21, 2023 to bring forward three
amendments to Council Rules of Order and Procedure. Those amendments are as follows: 1. Change the start of Regular Meetings from 7:00 p.m. to 6:30 p.m. (Section IV.A.2) 2. Add language to the Rules that states Council Members are expected to read online
comments submitted through Wheat Ridge Speaks before the respective meeting
3. Add language to the Rules that states Council Members are expected to attend meetings in-person and should attend virtually only as a last resort
PRIOR ACTION:
Council Rules of Order and Procedure were last amended on June 14, 2021 BACKGROUND: 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.”
Proposed Amendments 1. Section 5.1. – Regular meetings of the Wheat Ridge Charter states that “The Council shall
meet regularly at least twice each month at a day and hour to be fixed by the rules of council.
Section IV.A.2. – Types of Meetings of the Council Rules of Order and Procedures states “Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 p.m. unless otherwise provided by amendment of these Rules. Proposed amendment is to change the start time of Regular meetings to 6:30 p.m.
2. Wheat Ridge Speaks was launched in 2019 to allow constituents to review and give input on
Planning Commission and City Council actions without needing to attend public meetings.
City Council Members are notified electronically when comments are submitted. It is the expectation that Council Members will log-in to Wheat Ridge Speaks before the meeting to
read those comments. 3. The City implemented virtual meeting technology to allow City Council, staff and
constituents to participate in City meetings during the pandemic. This technology is still in
use and used occasionally by council, staff or the public. The proposed amendment is to include language in the Rules that it is the expectation that City Council Members will participate in council meetings in-person and only virtually as a last resort.
ATTACHMENT:
1. Rules of Order and Procedure, effective June 14, 2021
RULES OF ORDER AND PROCEDURE
FOR THE
CITY COUNCIL
OF THE
CITY OF WHEAT RIDGE
COLORADO
Revised: June 14, 2021
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TABLE OF CONTENTS
I. AUTHORITY 3
II. PUBLIC’S RIGHT TO SPEAK 3
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY,
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 5
CHAIR………………………………………………………………………………………………………………5
MAYOR PRO TEM ............................................................................... 5
CITY CLERK ...................................................................................... 6
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 .............................................. 8
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS .................................................................................... 8
ABSENCES ....................................................................................... 9
RIGHT OF THE FLOOR ........................................................................ 9 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……………………10
INITIATING AND ADDING AGENDA ITEMS ........................................... 11
PUBLIC HEARINGS ........................................................................... 12
ORDINANCES ON FIRST READING ...................................................... 12 TIME OF ADJOURNMENT .................................................................... 12
VI. RECONSIDERATION 13
VII. SUSPENSION AND AMENDMENT OF THESE RULES 13
SUSPENSION ................................................................................... 13
AMENDMENT ................................................................................... 14
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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. PUBLIC’S RIGHT TO SPEAK
A. PUBLIC’S RIGHT TO SPEAK
1. Public’s 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. Public’s right to speak at Regular, Adjourned and Special Council
Meetings
a) For non-agenda items: a member of the public may speak once per
meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) members of the public present and
signed up to speak may donate their time to the speaker for a
maximum of nine (9) minutes.
b) For non-agenda items: a member of the public requiring translation
services may speak once per meeting for a maximum of six (6)
minutes.
c) For agenda items: a member of the public may speak once for each
agenda item, for any length of time unless time is limited by the chair at the beginning of the item.
3. Public’s right to speak at Study Sessions:
a) A member of the public may speak once per agenda item for a
maximum of three (3) minutes. Up to two (2) members of the
public present and signed up to speak may donate their time to the
speaker for a maximum of nine (9) minutes.
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b) A member of the public requiring translation services may speak once per agenda item for a maximum of six (6) minutes.
c) Public 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
may be taken at the beginning of that meeting.
4. General Restrictions on Public’s Right to Speak
a) There is no limit on the number of persons who may speak.
b) Content of Public 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 provided to the Council in any of the online tools
provided by the City, or in hard copy, 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, or his or her designee, is the designated timekeeper for all time-limited comments.
h) Councilmembers and the Mayor have the choice of whether or not
to respond to members of the public after the completion of Public’s
Right To Speak.
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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 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
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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.
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 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.
5. Council members are expected to attend Council meetings in person.
In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other
remote attendance platforms provided by the City.
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, by a majority vote of council
members present or the chair, 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
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or the discussion shall be returned to the stated purpose of the Executive Session.
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
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 members of the public, 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 chair 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:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• APPROVAL OF AGENDA
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• PROCLAMATIONS AND CEREMONIES
• PUBLIC’S 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 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
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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
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).
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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 chair may impose a limit on individual speakers’
time in consideration of the number of speakers signed up on the
hearing item and the available time for the hearing 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:
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 chair 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.
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.
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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 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.
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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.