Question on Quorum for LIFT

LIFTs by-laws were amended to remove the number that defines a quorum and left the language that a quorum is a majority of the members.  And the UR law defines a quorum as a majority of the number of commissioners.

It is not clear why others have deemed that a quorum of LIFT is 4 – a number that was deliberately removed from the by-laws.

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Confidential Memo from Attorney Written for Public

TO: Mayor Brinkman and Members of City Council
FROM: Lena McClelland, Assistant City Attorney
CC: Mark Relph, City Manager
RE: Councilmember Fey’s Amended Motion at the December 19, 2017 City

Council Meeting DATE: January 16, 2018

Issue

On December 19, 2017, at a regular meeting of the city council, a motion was made which directed staff to work with the Mayor and Mayor Pro Tem on an expedited recruitment process for the vacancies of the LIFT Board. Councilmember Fey moved to amend the motion to require that “interviews do not begin until city council has received a recommendation from the LIFT Board on the exact number of vacancies as the LIFT Board understands it, and that the interview process is open to the public.”1 A question arose at the January 9, 2018, study session of the city council as to whether this amendment to the original motion was being followed.

Short Answer

This amendment to the motion is being followed to the extent it is not preempted by and does not conflict with state law. Further, to the extent that the amended motion can be followed without conflicting with state law, there must be a quorum of members in order for the LIFT Board to take any formal action.

Analysis

The Colorado Urban Renewal Law sets out the method in which appointments are to be made to a local urban renewal authority. According to state law, appointments are to be made by the mayor of the municipality and are subject to approval by the governing body of the municipality in which the authority has been established.2 Appointment of a commissioner to the authority is proper when the mayor has filed a certificate of the appointment or reappointment with the clerk.3 The certificate of appointment is conclusive

1 Amended Motion by Councilmember Fey, Littleton City Council Regular Meeting on December 19, 2017, https://littleton.ompnetwork.org/embed/sessions/20889/city-council- regular-meeting-12-19-2017 (found at timestamp 1:11:27).
2 C.R.S. § 31-25-104(2)(a)(I) and (IV).

3 C.R.S. § 31-25-104(2)(b).

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City Council Regular Meeting 16 January 2018

Littleton City Council.       Regular Meeting.       16 January 2018

Roll Call – Kyle Schlachter was absent

Public Comment

Heather ?? appreciated the attention Littleton has paid to providing a walkable and a bicycle friendly community. However she was concerned about the lack of code enforcement and her concern about the safety of pedestrians and cyclists in Littleton.

Jeanie Erickson told council she is part of a Littleton Pedestrian and Safety Group and wants to work with staff on safety issues. A friend of hers was killed crossing Federal three years ago and today there is still no cross walk on that section of the roadway (vicinity of Berry and Federal). She was told one was coming but three years is too long to wait.

 Linda Knufinke presented part two of her presentation on just how much moving over to South Metro for fire service will cost property owners in Littleton. Without having the benefit of council having a real discussion on the true cost of going to South Metro one can only speculate but we know that South Metro charges a 9.25 mill levy to their customers. Using that 9.25 mills she took a look at three commercial properties and presented her findings.

1600 W Mineral – If the city gave up their 6.6662 mills permanently to help defray the cost of fire the property taxes on the property at 1600 Mineral would increase $1379. If the city does not give up any of their 6.662 mills their taxes will increase by $4928. Continue reading