9-2-3-4: CALL-UP PROCESS:
A. Town Council Call-Up: If the town council calls up a planning commission decision on a Class A or Class B subdivision permit application, the procedure for the town council's call-up hearing shall be as follows:
1. A call-up may be requested by the applicant, a member of the public, the director, or a member of the town council.
2. The town council shall fix a date and time for a call-up hearing on a Class A or B subdivision permit application which date shall not be later than one hundred twenty (120) days from the date of the call-up unless the applicant consents to a later hearing date. Notice of the town council's call-up hearing on a Class A or Class B subdivision permit application shall be given in the same manner as for a final hearing on the same class of subdivision permit application held before the planning commission.
3. The scheduled date of a town council call-up hearing may be continued for good cause as described in this subsection:
a. For purposes of this section, "good cause" may include, but is not limited to: (i) the unavailability of the applicant, the applicant's attorney, the applicant's architect, or other key person necessary to the proper presentation of the applicant's application before the town council; (ii) a showing that more time is necessary to obtain relevant information or analysis related to the applicant's application; or (iii) a showing that more time is legitimately necessary to allow adequate preparation for the hearing. "Good cause" normally shall not include the failure of an attorney or a party to prepare for the hearing.
b. A motion for a continuance by an applicant must be timely made.
c. Before a call-up hearing is convened the mayor or the director may continue a call-up hearing. Once a hearing is convened, only the town council may continue a hearing.
d. The director shall notify the applicant if a continuance of the call-up hearing is granted outside of a meeting of the town council.
4. All town council call-up hearings shall be conducted as de novo public hearings.
5. At a call-up hearing the applicant may appear with or without counsel. If the applicant retains counsel, it shall be at the applicant's cost.
6. At a call-up hearing the applicant shall have the right to present such evidence as may be relevant, and to cross-examine all witnesses.
7. The strict rules of evidence shall not apply to a call-up hearing.
8. The burden of proof in a call-up hearing on a subdivision permit application shall be on the applicant.
9. An audiotaped record of the call-up hearing shall be made. The town shall retain the original audiotape for not less than one (1) year. A copy of an audiotaped record of a call-up hearing shall be made available by the town to the applicant upon written request and payment of a fee determined by the town clerk to be sufficient to reimburse the town for the cost of providing such copy. The town shall not be obligated to provide a transcript of a call-up hearing unless required by law, and any party desiring such transcript shall obtain and pay the cost thereof. A court reporter may be employed by any party, at the expense of such party, to prepare a verbatim written record of the call-up hearing.
10. The department of community development is not a party to a call-up hearing. Therefore, it is not a violation of the rule against ex parte contacts for the applicant or any member of the town council to talk to a member of the department of community development prior to a call-up hearing.
11. In its decision on a subdivision application that has been called up the town council shall have the right to approve the application with or without conditions, or deny it because it does not comply with the requirements of this chapter.
12. The town council shall have sixty (60) days from the date of the call-up hearing to make a final decision on Class A or Class B subdivision permit application.
13. It is not a ground for disqualification that a town council member read or reviewed the minutes of the planning commission with respect to the application that is the subject of the call-up hearing unless the applicant can prove by a preponderance of the evidence that such member cannot fairly hear and decide the application.
14. The town attorney shall not be involved in the presentation of any evidence at the call-up hearing and shall remain available to advise the town council with respect to all matters pertaining to the call-up hearing.
15. The town council's final decision on an application that has been called up shall be in writing, and time for an appeal of the town council's decision shall not begin to run until the town council has issued its written decision on the matter.
16. The record of a call-up hearing held before the town council shall consist of: (a) the relevant pages concerning the application from the town council's agenda packet for the meeting at which the call-up hearing was held; (b) all documents admitted into evidence by the council; (c) all documents offered into evidence at the hearing, but not admitted, if any; (d) copies of the applicable provisions of the Development Code, and other applicable town ordinances; (e) a transcript of the public hearing; and (f) such other documents as may properly be included in the record.
17. The town council's decision on an application that has been called up shall be the final decision of the town on such matter, and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision shall be a waiver of the applicant's right to contest the denial or conditional approval of the application.
18. The procedures described in this section shall control over the hearing procedures set forth in title 1, chapter 19 of this Code. (Ord. 22, Series 2016; amd. Ord. 31, Series 2021)