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HomeMy WebLinkAbout11-10-2025 - Special Study Session Agenda PacketSPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, November 10, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 10, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on November 10, 2025) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Public Comment on Agenda Items 1. Elected Official Orientation – Wheat Ridge Charter and Code of Laws MEMORANDUM TO: Mayor and Council FROM: Gerald Dahl, City Attorney DATE: October 27, 2025 RE: Elected Official Orientation: Wheat Ridge Charter and Code of Laws Wheat Ridge Charter The voters of Wheat Ridge approved a Home Rule Charter for the City on November 2, 1976. The Charter is the City’s “Constitution.” The Charter, adopted under the authority granted municipal voters by Article XX of the Colorado Constitution, creates the Wheat Ridge City Council as the governing body of the City, comprised of eight Council members. Amended in 1997, the Charter provides for overlapping four-year terms of Council members, such that only four Council members are "up" for election at any one time. The Charter provides that the Mayor, while generally non-voting, is required to vote in the case of a tie and has the authority to veto ordinances adopted by the Council. The Council can override the Mayor's veto by a vote of three-fourths of its entire membership. Because it has adopted a charter, the City is “home rule” meaning it can adopt ordinances and regulations on “exclusively local” matters which may override state statutes. Wheat Ridge Code of Laws The Wheat Ridge Code of Laws (the City Code) serves the same purpose for the City as the Colorado Revised Statutes serve for the State. The Code covers all of the functions of the City, from streets to municipal court, recreation and parks, business licensing and general regulations on zoning, construction, and criminal offenses. The Zoning and Development Chapter of the Code (Chapter 26) is by far the largest chapter of the Code. All of the requirements which apply to the rezoning, subdivision and development of property are contained within this chapter. The chapter has detailed charts and lists of requirements which must be followed by persons wishing to develop land within the City. Voters Wheat Ridge's voters are the primary source of the City government's authority and its legitimacy. The voters have chosen to approve a home rule Charter which vests considerable power and responsibility in the City government and, especially, in the City Council. The voters also have the important role of deciding who will represent them on the City Council at the municipal election in November of every even numbered year. Voters also have the powers of recall, initiative and referendum. Recall allows the voters Elected Officials Orientation October 27, 2025 Page 2 of 5 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 to petition to have a Council member or the Mayor removed from office during their term. The power of initiative, guaranteed by the Colorado Constitution and the Charter, permits the voters to initiate their own legislation, to be adopted at an election rather than relying on the City Council. Referendum allows the voters to petition to have a legislative ordinance, previously adopted by the City Council, reviewed at an election to determine if it will become law. Finally, the voters and the public generally attend public meetings and public hearings and give valuable input to the City Council, the Planning Commission, other boards and commissions, and the staff of the City. City Council The City Council is the City’s legislative governing body. By Charter, it enacts local legislation, adopts budgets, determines policies and appoints the City Manager, who executes the laws and administers the City government. The City Council also must appoint a City Attorney and Municipal Judge. The City Council acts by motion, resolution, and ordinance. Most matters which are to be permanent law, or which impose penalties or amend the Code of Laws, must be adopted by ordinance. The procedure for passage of an ordinance includes first reading, second reading public hearing, and final adoption. In cases of emergency, an ordinance may be adopted upon one reading only, to be immediately effective. The Council has regular meetings on the second and fourth Mondays of each month, and study sessions on the first and third Mondays of each month. The Council may have special meetings, emergency meetings, and additional study sessions as it chooses. All meetings of the Council except executive sessions are open to the public. Executive sessions may only be held during a regular or special meeting to consider legal matters, personnel, and real estate appraisals. No formal action or decision may be taken in an executive session. Council – Manager Structure The City government is a council-manager form of government. Under this form, and as directed by the Charter, the City Council appoints a City Manager who is responsible for all of the functioning of the City’s departments. The City Manager hires and supervises the directors of each department. Through the department directors, the City Manager administers all of the functions of the City. This is the Manager’s responsibility, not the Council’s, per the Charter: Charter Sec. 4.9 Relationship to administrative service No member of the council shall dictate the appointment or duties of any department head or employee of the city, except as expressly provided in this Charter. The council and its members shall deal with the administrative service of the city solely through the city manager, and neither council nor its members shall give orders or reprimands to any employee or subordinate of the city manager. The council Elected Officials Orientation October 27, 2025 Page 3 of 5 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 retains the prerogative of requiring the city manager to make verbal or written reports of his activities, those of his subordinates and the administrative service under his charge, not in conflict with other provisions of this Charter. Ethics and Conflicts of Interest As elected officials, Councilmembers are expected to act ethically, placing the public interest above any private interest: Charter Section 4.10 No member of the council, during the councilmember’s term of office, shall be a compensated employee of the city, nor shall the councilmember have any material or significant financial interest, direct or indirect, with the city. In the event that any councilmember or any family member has such interest, said councilmember shall declare such interest. If any councilmember fails to declare such interest, the remaining members of the council shall determine by a majority vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is established, the remaining councilmembers shall take any actions they deem to be in the best interest of the city. The scope of “significant financial interest” has been addressed by the Colorado courts. As applied to a Councilmember, the following are guidelines I always follow: • Any financial interest by the Councilmember or their close family members (spouse, parent, child, sibling) in the particular matter, is within the scope of Charter 4.10 and is disqualifying. • It does not matter if the potential is for financial loss or gain – both apply. • Always contact me in advance of the meeting where the item will come up and I will guide you on procedure. • At the meeting, I will make a short record to support whether you may participate, or not. Quasi-Judicial Matters Actions of the Council and Planning Commission on zoning or site planning matters, and the Board of Adjustment on variance requests or appeals from administrative officials are quasi-judicial, not legislative actions. This is true because the decision involves a specific property, rather than a policy affecting the entire City generally. The consequences of the fact that an action being quasi-judicial are several: • notice and public hearing are required • the applicant has the right to present witnesses and evidence Elected Officials Orientation October 27, 2025 Page 4 of 5 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 • the applicant has the right to legal argument • no ex parte contacts with the applicant or opponents are allowed The Community Development Department sends Council and staff a regular and updated list of all pending quasi-judicial applications. Ex parte Contacts Defined: contacts between the applicant or opponents and the members of the Council on quasi-judicial matters outside of publicly scheduled hearings and meetings on the application. Why should these contacts be avoided? The consequence of engaging in such contacts can be as severe as invalidating the action of the Council. How can ex parte contacts be avoided? Once approached or called by the applicant or opponent and the matter is identified by them, immediately advise that as a Councilmember, it is improper for you to talk about the case outside of the hearing room. Urge them to bring their points of view and testimony to the hearing. The prohibition extends to e-mail and written materials as well: make sure any materials you receive outside of the hearing room are given to staff, so they can be copied and shared with everyone at the time of hearing. What to do if an ex parte contact has occurred: Disclose the contact to the Council at the beginning of the hearing; describe its content as completely as possible. In an extreme case, you may be required to step down and not further participate in the hearing. Please contact me before the hearing so I can help determine your appropriate action. Colorado's Open Meetings Law, C.R.S. 24-6-401, et seq. This statute applies to all state and local government meetings, including those of the City Council. In general, all meetings at which three or more members of the Council are present are covered by the law and must be open to the public. Advance notice of such meetings is required when the expected number of councilmembers attending reaches a quorum (five members), or action is expected to be taken. An important exception to this rule is "chance social gatherings," at which the primary purpose is not the discussion of public business. Executive Sessions An exception to the general rule of open meetings is when the Council convenes in executive session, from which the public is excluded. Under Sec. 5.7 of the Charter, the Council may meet in executive session to discuss the following: • Legal consultation for advice from the City Attorney on pending or threatened litigation or to receive advice on specific legal questions. Elected Officials Orientation October 27, 2025 Page 5 of 5 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 • Personnel matters concerning individual City employees, but not general employment policies or questions. • Real estate appraisals. to receive appraisal information; however the Charter specifically prohibits discussion of the merits of buying or selling property while in executive session. No formal action or vote may be taken while in executive session; the session is for information and discussion only. The Charter is considerably more restrictive on executive session topics compared to the Open Meetings Law. Accordingly, while the other city councils may meet in executive session to develop negotiation strategy, instruct negotiators, or discuss whether to buy property, the Wheat Ridge Council must do these things in an open meeting.