A hearing officer will soon decide whether or not Greeley residents may vote on whether or not to repeal the initial funding mechanism for the Catalyst entertainment district.
The city of Greeley on Tuesday morning hosted a hearing to consider a protest against the Greeley Deserves Better citizens initiative to put a repeal of a city council-approved ordinance on the November ballot.
The ordinance, approved by the city council on a 5-2 vote, permitted the temporary leasing of city properties to secure a loan under a financing method called certificates of participation. The city will use existing revenue to make lease payments and keep full ownership of the buildings.
Former Greeley city manager Leonard Wiest, along with Tom Hacker, John DeWitt and Zach Bliven, filed the protest, arguing that the targeted ordinance was an administrative decision that cannot be brought to a vote under state law.
“The legislative nature of an enactment is based on whether it establishes a rule for future conduct,” said Chris Biell, a former Colorado deputy secretary of state who’s representing group that filed the protest. “When the city of Greeley decides that it wishes to pay a developer to develop what the city has decided will be the city-owned entertainment history in a particular area within the city, that is an administrative matter because it doesn’t apply to anyone else or anything else.”
Greeley Deserves Better and its attorney, Suzanne Taheri from the Denver-based West Group Law & Policy law firm, argued the ordinance is legislative because it was voted on by the city council, which is a legislative body.
Taheri also argued the protestors shouldn’t care so much if the action targeted for repeal is only administrative.
“If this were truly an administrative act, then who cares if we repeal it? What difference does it make?” Taheri said.
With the hearing concluded, hearing officer Karen Goldman will have five days to decide whether to rule in favor of the protest or against it. If she rules in favor of the protest, the initiative could be struck from consideration for the ballot. If she rules against the protest, the city council will next decide whether to repeal the ordinance or put the repeal on the November ballot.
Either side could escalate the case after Goldman announces her decision and have it brought before the Weld District Court.
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