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Board of Aldermen 10-13-2020 Page 46
Alderman Dowd

| would suggest to clarify what we were just talking about is to pass the Golden Rod Copy and then further
amend it to do away with paragraph C10 on Page 1. | think that takes care of the issues that we were just
talking about.

President Wilshire

Ok, so are you making a motion to amend?

Alderman Dowd

| guess I'll ask Attorney Bolton, should we amend the amendment before the amendments even been voted
on?

Attorney Bolton
It is permissible to do that; whether you should or not is up to you. But is permissible to do it.

MOTION BY ALDERMAN DOWD TO AMEND THE GOLDEN ROD COPY BY ELMINATING
PARAGRAPH C 10 ON PAGE 2 BY ROLL CALL

ON THE QUESTION
Alderwoman Kelly
Alderman Wilshire?
President Wilshire

Yes, Alderwoman Kelly?

Alderwoman Kelly

Alderman Dowd, would you mind just reading that paragraph so it’s clear to everyone. | just want to make
sure | know which one you are striking?

Alderman Dowd

It says, Remarks shall be civil; rude or profane remarks are prohibited.
Alderwoman Kelly

Ok and that’s the only piece that it affects, thank you.

Alderman Dowd

| think the rest of it is fine.

President Wilshire

Ok further discussion on the amendment? Alderman Jette?

Board of Aldermen 10-13-2020 Page 47
Alderman Jette

Thank you, Madam President. | was surprised that this was tabled in Committee for a long time. And |
don’t know if | missed something but | don’t think there was any notice at least to people who weren’t on the
Committee, | am not aware of any notice that this was going to be taken up at the last Committee meeting.
And | did watch that meeting and it seemed to come up at the end of the meeting and | know that Alderman
Dowd has worked hard on this. | know that he talked to the Legal Department at length about this. But | am
concerned hearing Attorney Bolton say that it was changed from the last time his office really looked at it
and he’s raised some issues.

If | had known it was going to be brought up at the last Committee Meeting, | would have attended. | don’t
think it has had a full hearing. You know the Committee didn’t really talk about it much, maybe they had a
chance to review it and were satisfied with it. But | think that especially in view of Attorney Bolton’s
comments and some of the questions other Aldermen have raised. | have some questions. | would, | am in
favor of what Alderman Kelly suggested and that is to refer it back to the Committee you know, rather than
trying to amend in on the fly here. You know things don’t go well when you do things in that way. So if it’s
appropriate | would like to move to refer it back to the Committee.

MOTION BY ALDERMAN JETTE TO REFER O-20-009 BACK TO COMMITTEE BY ROLL CALL
President Wilshire

OK so we have three motions right now. We have a motion to amend with the Golden Rod Copy, a motion
to amend to delete paragraph C10 on Page 2 and a motion to re-refer. Can you help me out Attorney
Bolton?

Attorney Bolton

The motion to amend and to amend the proposed amendment, adhere to the proposition and if the motion
to refer to Committee or re-refer to Committee is in order, and basically the whole kit and kaboodle goes
together to the Committee and the Board could expect back the recommendation of the Committee on the
proposed amendment to the proposed amendment and a recommendation on the motion as it may or may
not be recommended for amendment.

President Wilshire

| don’t think you clarified for me enough. OK we are going to take up the motion to re-refer. That’s in order,
right?

Attorney Bolton

Yes.

President Wilshire

Thank you. Alderman Dowd.

Alderman Dowd

| will just say that months ago this Legislation went through Personnel. There were some issues with it. At
the next Personnel Meeting | went and spoke to some of these changes and we agreed at that meeting to
have those changes reviewed by Legal and they were reviewed and wording suggested by Attorney
Leonard. The wording that is in this amendment is from Attorney Leonard. | have no problem with taking

out C10 but | don’t think we need to refer this back to Committee to hash out what should have been
available to be hashed out at several Committee Meetings. You know everybody has the opportunity to go

Board of Aldermen 10-13-2020 Page 48

to a Committee Meeting. And as | have told many people on many occasions when something is tabled in
a Committee and it goes to that Committee, it can be brought up. And in this instance it was and it got a
unanimous approval at the Committee. So | think we should not refer it back to the Committee.

President Wilshire
Any further discussion on re-referring? Alderman Klee?
Alderman Klee

Thank you, Madam President. | am not being critical in any way of any of my colleagues but | can tell you
that | have often contacted Alderman Dowd when he’s been Chair of a Committee and in this particular
case, Alderwoman Caron relative to this. When | see there are tabled items | send an e-mail message, will
these tabled items be brought up? Alderman Dowd knows that I’ve done it to him many times. And in this
particular case | also did it with Alderwoman Caron and asked would these tabled items come up, will they
be voted on, will they be spoken to. In this particular case, that was one of the reasons why | attended that
meeting, is | did know that it was going to be brought up and it was going to be discussed.

President Wilshire

Further discussion on re-referring? Alderman Lopez.

Alderman Lopez

| don’t Know that the “he said, she said” is really serving us at this point. | think some issues were brought
up. | was at the meeting too and debated it at length and then the public comment mentioned my
contributions to it. But after hearing Attorney Bolton’s assessment of it | am a lot less clear on what my
opinions should be, so | would appreciate having it go back to Committee and being able to review it. | think
we are talking about moving something that has to do with free speech, with all due respect to the effort
that Alderman Dowd has put in, he’s a seasoned legislator, | Know he knows what he’s doing. And the fact
that Legal did give him advice that may or may not have been fully communicated internally. There’s still
questions here and | think it is better handled with the time that we actually need to give it. This is a pretty
big important question | think and we should just send it back to Committee and not rush it.

President Wilshire
Further discussion on re-referring? Seeing one, would the Clerk call the roll please?
A viva voce roll call was taken which resulted as follows:

Yea: Alderwoman Kelly, Alderman Caron, Alderman Lopez, Alderwoman Lu,
Alderman Jette, Alderman Laws 6

Nay: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Clemons,

Alderman Tencza, Alderman Schmidt, Alderman Cleaver,

Alderwoman Harriott-Gathright, Alderman Wilshire 9
MOTION FAILED
President Wilshire

The motion before us for final passage of Resolution 20-009 as amended.

Board of Aldermen 10-13-2020 Page 49
Alderman Dowd

No, we haven’t amended it yet and we’ve got to amend the amendment.

President Wilshire

Ok. So we have two amendments at this point. We have the amendment with the goldenrod copy and we
have the amendment to remove Section C10 on Page 2.

Alderman Dowd
If we address the C10 first then we can approve the goldenrod copy with that change.
President Wilshire

We will do that. That sounds good. Ok so the motion is to amend O-20-009 by taking out paragraph C on
Page 2. Discussion? Alderwoman Kelly?

Alderwoman Kelly

If | could ask a question to Attorney Bolton through you. Given our previous discussion are you
comfortable with removing that as a change that will put us in a better spot with this Legislation. | am trying
to work this correctly.

Attorney Bolton

It addresses many, if not all, of the concerns | raised.
Alderman Clemons

So we are eliminating all of Section C is that this amendment?
Alderman Dowd

No, no, no. C10 - just that one paragraph.

Alderman Clemons

Which says what?

Alderman Dowd

| can read it.

Alderman Clemons

| am not sure if | have the right copy in front of me, that’s why | am asking.
Alderman Dowd

C10 says “Remarks shall be civil. Rude or profane remarks are prohibited”. We are removing that
because of the concerns that Attorney Bolton had.

Board of Aldermen 10-13-2020 Page 50
Alderman Clemons
Thank you. What about the line that says excessive repetition and irrelevant remarks are discouraged?
President Wilshire
That’s in there now.
Alderman Dowd
Yeah, that’s in there now.
Alderman Clemons
Ok. So we are just .... So it’s just that one, OK | understand thank you.
President Wilshire
Further discussion on the motion to amend? Seeing none would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED
President Wilshire
That motion carries. We are back to ....
Alderman Dowd
Approving the goldenrod copy with that change.
President Wilshire
Ok | was getting there, thank you. Discussion on the motion. Alderman Jette?

Alderman Jette

| have an inquiry, somebody just said, | think you just said Madam President that Alderman Clemons asked
you, he said what about something....

President Wilshire

Repetition.

(C) Application of Funds. Apply all payments received by it to the Company’s
obligations to CoBank in such order and manner as CoBank may elect in its sole discretion.

In addition to the rights and remedies set forth above and notwithstanding the terms of any Promissory
Note and Supplement, upon the occurrence and during the continuance of an Event of Default, the unpaid
principal balance of the loans and, to the extent permitted by Law, overdue interest, fees and other
charges, shall, at CoBank’s option in each instance (and automatically following an acceleration), accrue
interest at the Default Rate.

ARTICLE 10
MISCELLANEOUS

SECTION 10.01. Broken Funding Surcharge. Notwithstanding the terms of any Promissory
Note and Supplement, the Company agrees to: (A) give CoBank not less than three (3) Business Days’
prior notice in the event it desires to repay any loan balance bearing interest at a fixed rate prior to the
last day of the fixed rate period; and (B) pay to CoBank a broken funding surcharge in the amount set
forth below in the event the Company: (1) repays any fixed rate balance prior to the last day of its fixed
rate period (whether such payment is made voluntarily, as a result of an acceleration, or otherwise);
(2} converts any fixed rate balance to another fixed rate or to a variable rate prior to the last day of the
fixed rate period applicable to such balance; or (3) fails to borrow any fixed rate balance on the date
scheduled therefor. The surcharge shali be in an amount equal to the greater of (i) the sum of the present
value of: (a) any funding losses imputed by CoBank to have been incurred as a result of such payment,
conversion or failure; plus (b) a per annum yield of 4% of !% of the amount repaid, converted or not
borrowed for the period such amount was scheduled to have been outstanding at such fixed rate, or (ii)
$300.00. Such surcharge shall be determined and calculated in accordance with methodology established
by CoBank, a copy of which will be made available upon request. Notwithstanding the foregoing, in the
event of a conflict between the provisions of this subsection and of the broken funding charge section of
a forward fix agreement between CoBank and the Company, the provisions of the forward fix agreement
shall control.

SECTION 10.02. Complete Agreement, Amendments, Etc. The Loan Documents are
intended by the parties to be a complete and final expression of their agreement. NO AMENDMENT,
MODIFICATION, OR WAIVER OF ANY PROVISION OF THIS AGREEMENT OR THE OTHER
LOAN DOCUMENTS, AND NO CONSENT TO ANY DEPARTURE BY THE COMPANY
HEREFROM OR THEREFROM, SHALL BE EFFECTIVE UNLESS APPROVED BY COBANK AND
CONTAINED IN A WRITING SIGNED BY OR ON BEHALF OF COBANK, AND THEN SUCH
WAIVER OR CONSENT SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE FOR WHICH GIVEN. In the event this Agreement is amended or restated,
each such amendment or restatement shall be applicable to all Promissory Notes and Supplements hereto.
Each Promissory Note and Supplement shall be deemed to incorporate all of the terms and conditions of
this Agreement as if fully set forth therein. Without limiting the foregoing, any capitalized term utilized
in any Promissory Note and Supplement (or in any amendment to this Agreement or Promissory Note and
Supplement) and not otherwise defined in the Promissory Note and Supplement (or amendment) shall
have the meaning set forth herein.

SECTION 10.03. Applicable Law, Jurisdiction. Except to the extent governed by applicable
federal Law, the Laws of the State of Colorado, without reference to choice of law doctrine, shall govern:
(A) this Agreement and each Promissory Note and Supplement; (B) all disputes and matters between the
parties to this Agreement; and (C) the rights obligations of the parties to this Agreement. The parties

14

Board of Aldermen 10-13-2020 Page 51
Alderman Jette

Repetition being discouraged and you said it’s already in there. | am looking at the current Ordinance. |
don’t see it in there.

President Wilshire

OK | was mistaken.

Alderman Jette

| mean is it there?

President Wilshire

| don’t have it in front of me Alderman Jette.

Alderman Dowd

| can tell you that’s a non-descript statement. | mean it’s discouraged, it’s not prohibited. If somebody
keeps repeating themselves it allows the Chairperson to say please clarify, you’ve been repeating yourself.
So it does not prohibit it, it's not a prohibitive statement.

Alderman Jette

I’m sorry Alderman Dowd | think | have the floor. My question was that Alderman Clemons said, what
about that? And he was told it is already in there and so | am just trying to clarify that it isn’t already in
there. You are adding it. Now you are arguing as to why it should be added, that’s fine. But | would just like
to remind my colleagues that we are passing what | think is a very important Ordinance. And as others
have pointed out, we are talking about free speech. We are talking about the public’s right. Attorney
Bolton has told us that this is a very dangerous area. And | don’t understand the reluctance to send it back
to Committee and allow Attorney Bolton to meet with the Committee and other Aldermen who are
interested to make sure that what we pass is something that is going to be solid. | also noted that Remarks
by Aldermen at Committee Meetings has been struck out. What does that mean? Aldermen aren’t going to
be able to make remarks at Committee Meetings at the end of Committee Meetings? Is that intentional?
Did you mean to strike that out?

President Wilshire

Are you asking Alderman Dowd?

Alderman Jette

Yes, through you.

President Wilshire

Alderman Dowd, do you care to answer that?

Alderman Dowd

| think that struck out because the wording was changed slightly. But | don’t think the intent was changed.
There’s no intent to not allow Alderman to comment.

Board of Aldermen 10-13-2020 Page 52
Alderman Jette

May | respond?

President Wilshire

Alderman Jette, yes.

Alderman Jette

The goldenrod copy on B (3) has struck out “Remarks by Aldermen’, is struck through. There’s no
language replacing it. It’s completely struck through.

Alderman Dowd

Not on my copy.

Alderman Jette

Well this is the goldenrod copy that was provided with the Agenda.
Alderman Dowd

Which one are you talking about?

Alderman Jette

| am looking at the goldenrod copy that was provided with the agenda and its paragraph B and the third
paragraph (3).

Alderman Dowd

That’s because it was repetitive, it’s in the original Ordinance. It didn’t need to be there because it’s in the
original Ordinance. | just want to point out that we’ve had months to do the homework on this. This Golden
Rod Copy has been around for a long time. And all the motions that were made to it were made months
ago.

President Wilshire
Are you OK with that answer Alderman Jette?
Alderman Jette

Well no | am not. | think it is fine to say that you know | should have been at all of these Committee
Meetings and ready to be aware of when this was going to be brought up when it was going to be untabled
or removed from the table. It was removed from the table and the Committee voted on it and | think what
we have in front of us has got a lot of questions. And | think we are on dangerous ground. | think passing
this without reviewing it one more time by the Committee with Attorney Bolton | think is a mistake and | am
going to vote against it.

President Wilshire

Well we have already voted on the re-referring. So the motion is to amend to the goldenrod copy. Further
discussion? Would the Clerk please call the roll?

Board of Aldermen 10-13-2020 Page 53
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Schmidt, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 10

Nay: Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Laws 5

MOTION CARRIED
MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-20-009 AS AMENDED, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Schmidt,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 9

Nay: Alderwoman Kelly, Alderman Lopez Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Laws 6

MOTION CARRIED

Resolution O-20-009 declared duly adopted as amended.

O-20-030
Endorsers: Mayor Jim Donchess
Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman-at-Large Shoshanna Kelly
Alderman-at-Large Ben Clemons
Alderman-at-Large Lori Wilshire
ADOPTING A TAX INCREMENT FINANCING (TIF) DEVELOPMENT DISTRICT UNDER RSA 162-K
AND NRO 295-11, THE “SCHOOL STREET TIF” AND A TAX INCREMENT FINANCING
DEVELOPMENT PROGRAM AND FINANCING PLAN FOR THE NEW TIF

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-20-030, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Jette, Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: Alderwoman Lu 1

MOTION CARRIED

Ordinance O-20-030 declared duly adopted.

Board of Aldermen 10-13-2020 Page 54

O-20-031, Amended
Endorsers: Alderman Patricia Klee
Alderman-at-Large Ben Clemons
Alderman-at-Large Brandon Michael Laws
Alderwoman Elizabeth Lu
PROHIBITING DOGS IN FENCED-IN TOT LOTS

MOTION BY ALDERMAN KLEE TO AMEND O-20-031 BY REPLACING IT WITH THE GOLDENROD
COPY OF AMENDMENTS MADE AT THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE, BY
ROLL CALL

ON THE QUESTION

Alderman Klee

And if | may speak to that?

President Wilshire

Alderman Klee.

Alderman Klee

Thank you so much. The animal, | am blanking on the name... the Committee that we put together, thank
you very much Alderman Lopez. They made three very, very good recommendations to the original
Ordinance. And that was to change the prohibiting dogs in fenced in tot lots, just prohibiting pets in fenced
in tot lots. At their Committee they had discussed that we live in a City of multi kind of pets from lizard type
things to chickens to everything. And they just felt that it was more encompassing to change it from “dogs”
to “pets”. | would hope that someone is not going to bring their pet chicken to run around there but you
never know. It was just a better way to go. The second thing that they changed was to add in that so for
instance it says “bring in a pet into the following fenced in tot lot except for service animals”. | had not
addressed that perhaps service animals should be able to go in there and they picked that up right away
and asked for that to be added and the Personnel/Administrative Affairs Committee did make that.

And the other thing that they asked was that we reference “future” fenced in tot lots. So those are the three
amendments to that. Once we vote on that | can address the Ordinance itself.

President Wilshire

The Motion is to amend with the Golden Rod Copy. Further discussion on that motion. Seeing none would
the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0

MOTION CARRIED

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF O-20-031 AS AMENDED, BY ROLL CALL