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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 08/31/2021 - WORK SESSION City of Fort Collins Page 1 Jeni Arndt, Mayor Emily Francis, District 6, Mayor Pro Tem Susan Gutowsky, District 1 Julie Pignataro, District 2 Tricia Canonico, District 3 Shirley Peel, District 4 Kelly Ohlson, District 5 Remote Meeting City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Kelly DiMartino Tammi Pusheck City Attorney Interim City Manager Interim City Clerk Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. City Council Work Session August 31, 2021 6:00 PM • CALL TO ORDER. 1. City Manager’s 2022 Recommended Budget. (staff: Kelly DiMartino, Travis Storin, Lawrence Pollack; 20 minute presentation; 2 hour discussion) The purpose of this item is to review the economic, revenue and expense assumptio ns included in the 2022 City Manager's Recommended Budget, which will be delivered to Council and available to the public on September 1, 2021. This work session will also provide an overview of the major 2022 budget themes, public feedback opportunities and the schedule of Council budget meetings and Public Hearings during September through November. 2. Council Meeting Norms and Rules. (staff: Ginny Sawyer, Tammi Pusheck, Carrie Daggett; 10 minute presentation; 50 minute discussion) The purpose of this item is to explore options for Council meeting norms and rule adjustments. City of Fort Collins Page 2 3. Northeast Fort Collins Planning and Projects Overview. (staff: Rebecca Everette, Theresa Connor; 12 minute presentation; 30 minute discussion) The purpose of this item is to provide an overview of planning considerations, policy guidance, and future projects in northeast Fort Collins (north of Vine Drive, east of Lemay Avenue and generally encompassed in the Mountain Vista Subarea). As the largest area of mostly vacant, agricultural land in the Growth Management Area, significant development is anticipated over the coming decades. Council may be involved in various decisions related to planning and development in this area of the community, including plan amendments, development plans, annexation and zoning decisions, utility service agreements, metropolitan districts, and funding for capital projects. New and proposed development in the area has necessitated a holistic analysis of utility provisio n, the transportation network and community amenities in northeast Fort Collins, which pose both opportunities and constraints for the City. Staff will share background information and context for Council to set the stage for future action items. • ANNOUNCEMENTS. • ADJOURNMENT. DATE: STAFF: August 31, 2021 Kelly DiMartino, Interim City Manager Travis Storin, Chief Finance Officer Lawrence Pollack, Budget Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION City Manager’s 2022 Recommended Budget. EXECUTIVE SUMMARY The purpose of this item is to review the economic, revenue and expense assumptions included in the 2022 City Manager's Recommended Budget, which will be delivered to Council and available to the public on September 1, 2021. This work session will also provide an overview of the major 2022 budget themes, public feedback opportunities and the schedule of Council budget meetings and Public Hearings during Sept ember through November. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions or concerns does Council have about the budget assumptions which are being included in the Recommended Budget? 2. What questions does Council have regarding the proposed schedule for discussion of the Recommended Budget? BACKGROUND / DISCUSSION Budgeting for Outcomes (BFO) Process Status The 2021 budget process would typically have been a ‘revision year’, which is where the second year of the City’s two-year, or biennial, budget would be revised. However, the City’s budgeting process was significantly impacted by the global pandemic. It was determined that modifications would need to be made to the processes for both 2020 and 2021, due to the significant unknowns about impacts to our community. In response, Council approved Ordinance No. 067 to suspend the City Code to allow the adoption of a one -year budget and temporarily revise the City’s budgeting process. (Attachment 1) For 2022, the primary impact of these modifications is that , Council will again adopt a one -year budget instead of the traditional two-year (biennial) budget. Thereafter, the City will return to a two-year budget. Unlike in the modified process last year, the BFO Teams of City s taff members were successfully invoked this year, and that added significant value to the process and the decisions made by the executive team. Also, public engagement for the 2022 Recommended Budget resumed as it normally did prior to the pandemic. Initi al feedback received in May and June helped inform the decisions for the recommended budget, and the remaining inputs through September will be shared with Council as final decisions are being made for the adopted 2022 Budget. Key components of our budgeting process continued this cycle, including budget requests based on the programs and services provided to the community, a key aspect of Budgeting for Outcomes. These budget requests specify direct linkage to at least one strategic objective in the City’s adopted 2020 Strategic Plan, as well as performance measures directly related to the proposed program or service. These three integrated components of program/service level offers, linkage to strategic objectives, and inclusion of performance metrics are an important part of the City’s ongoing organizational performance management process and executive review. Another important modification this year was to also focus on the newly elected Council’s adopted priorities. These were included in the executive conversations and several offers to support those priorities were created 1 Packet Pg. 3 August 31, 2021 Page 2 and recommended for funding. The City Manager’s Recommended Budget will still be published before the first Monday in September, as required by City Charter. It is currently targete d to be delivered to Councilmembers on September 1 and be available to the public thereafter. The traditional Council process will then continue with two public hearings and three work sessions scheduled prior to First Reading. Budget Assumptions Although the economy has been recovering well throughout 2021, there are still many unknowns about the pandemic, especially with the Delta Variant and its impact to our community. Each month brings new data about how the economy is recovering, and staff is monitoring that data closely. Over the past decade of moderate growth, the City has also prudently built healthy fund balances (also referred to as ‘reserves’). Reserves above City policy minimums are often intended for larger capital purchases or other one - time expenses and are typically used in that manner. They are also, however, critically important in times like now, to bridge revenue gaps while maintaining services to the residents and businesses of our community. Although to a much lesser extent than in the 2021 Budget, the 2022 Recommended Budget does include reserves for funding of ongoing expenses at a higher level than staff considers ideal. The City Manager’s Recommended Budget was developed on these key assumptions: • Focus on Council and community priorities reflected in Council’s adopted priorities and the City’s adopted 2020 Strategic Plan. • Maintain existing operations, programs, and services, while continuing to ensure this is done in a safe and efficient manner. • Revenue recovery has been very strong to date in 2021, and staff has forecasted modest growth for most revenue sources in 2022 off of that higher-than-expected base in 2021. o For Sales Tax specifically, 2022 is forecasted to increase by 3.0% over the revised 2021 forecast, which has been revised considerably when compared to the original 2021 budget, given the positive 2021 results to-date. The 2022 budget assumes $132.4M, whereas the 2021 budget assumed $112.8M. o For Use Tax, 2022 is forecasted to increase to $19.8M compared to $18 .0M in 2021, and this is based on continued economic activity, building activity, and business investment. • Utility rates are proposed to increase only in the Light and Power Fund, by 2.0%. Aside from purchased power cost increases, this rate increase is to maintain operations and preserve fund balances (i.e., reserves) in preparation for an anticipated debt issuance in 2023. The Water, Wastewater, and Stormwater rates are proposed to hold steady from 2021 to 2022. • After no budgeted increases in 2021, the average salary pool increases for City staff in the 2022 Budget are proposed at 4.0%. Negotiations will occur this fall for any contractual increases in the collective bargaining agreement with the Fraternal Order of Police. • Salary and benefits are budgeted at 97% of total estimated costs to incorporate the impact of personnel vacancy savings throughout the year. The City Manager’s Recommended Budget is built around several key themes: • Making strategic investments to “Future Proof” the City • Asset management • Difficult trade-offs • Recovery-driven investments funded by American Rescue Plan Act (ARPA) • Addressing social vulnerabilities of our community • Budget Equity Team • Preserving a meaningful and market-competitive employee experience 1 Packet Pg. 4 August 31, 2021 Page 3 Council Budget Meetings Council has a series of work sessions scheduled in September and October to discuss the proposed 2022 Recommended Budget. Each work session will include staff presentations regarding specific Outcomes, followed by an opportunity for questions and discussion. Key dates for Council discussions and public hearings are as follows: Meeting Date Topic September 14, 2021 Work Session Presentations, Questions and Discussion: • Culture and Recreation • Economic Health • Environmental Health • Transportation and Mobility September 21, 2021 Regular Meeting Budget Public Hearing #1 of 2 September 28, 2021 Work Session Presentations, Questions and Discussion: • Neighborhood Livability and Social Health • Safe Community • High Performing Government October 5, 2021 Regular Meeting Budget Public Hearing #2 of 2 October 12, 2021 Work Session General Discussion - Final Council Direction November 2, 2021 Regular Meeting First Reading of the 2022 Budget and the 2022 Appropriation Ordinance November 16, 2021 Regular Meeting Second Reading of the 2022 Budget and the 2022 Appropriation Ordinance ATTACHMENTS 1. Ordinance No. 067, 2020 w/ Agenda Item Summary (PDF) 2. Powerpoint Presentation (PDF) 1 Packet Pg. 5 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Darin Atteberry, City Manager Lawrence Pollack, Budget Director Travis Storin, Interim Chief Finance Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the Biennial Budget Term Required by City Code Section 8-1 and Approving the Temporary Revision of the City’s Budgeting Process for the 2021 and 2022 Budgets. EXECUTIVE SUMMARY This item is coming to Council because it meets the following Priority: (2) Emergency-related items that are not as urgent but need Council consideration. The purpose of this item is to acknowledge modifications to the City's biennial budgeting process due to the current unknowns of the depth and duration of the COVID-19 Pandemic and impacts to the local economy and City revenue streams. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Charter Article V, Section 2 provides that the City Manager shall file with the City Clerk on or before the first Monday in September preceding each budget term the proposed budget for that ensuing budget term. The City’s budget term was set in City Code Section 8-1 as being two fiscal years, the next of which is for the fiscal years 2021 and 2022 (2021-22 Budget Term). The COVID-19 global pandemic has caused significant turmoil to economies around the globe and is expected to create significant revenue shortfalls for local governments throughout the nation, the depth and duration of which are not currently known. Thus, the City Manager is recommending that Council suspend for the 2021-22 budget term, by the adoption of this Ordinance, the biennial budget term requirement in Code Section 8-1 in order to allow for a one-year budget term for both 2021 and 2022, but to return to the biennial budget term required by Code Section 8-1 beginning with fiscal years 2023 and 2024. The City Manager is also planning to forego using the BFO process for the 2021 and 2022 budget terms and in its place to use a revised budgeting process better suited to addressing the economic uncertainties that now exist because of the pandemic. This revised budget process will still include prioritizing the community’s needs as established by Council in its recent adoption of the City’s 2020 Strategic Plan. This will be done in a way that will strive to support and retain the City’s workforce, provide clear and frequent communications to Council and the community concerning the process, and that will use a variety of budget-balancing strategies, such as ATTACHMENT 1 COPY1.1 Packet Pg. 6 Attachment: Ordinance No. 067, 2020 w/ Agenda Item Summary (10558 : 2022 Budget Preview) Agenda Item 7 Item # 7 Page 2 adjustment to service levels, use of reserves, and the optimal deployment of funds received from the state and federal governments due to the Pandemic. COPY1.1 Packet Pg. 7 Attachment: Ordinance No. 067, 2020 w/ Agenda Item Summary (10558 : 2022 Budget Preview) COPY1.1Packet Pg. 8Attachment: Ordinance No. 067, 2020 w/ Agenda Item Summary (10558 : 2022 Budget Preview) COPY1.1Packet Pg. 9Attachment: Ordinance No. 067, 2020 w/ Agenda Item Summary (10558 : 2022 Budget Preview) COPY1.1Packet Pg. 10Attachment: Ordinance No. 067, 2020 w/ Agenda Item Summary (10558 : 2022 Budget Preview) 2021 Budget Preview Au gust 31, 2021 ATTACHMENT 2 1.2 Packet Pg. 11 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 2Agenda •Process for the 2022 Recommended Budget •Budget Assumptions •Budget Themes and Insights 1.2 Packet Pg. 12 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 3The Designed Two-year Process Mar Apr May Ju n Ju l Aug Sep Oct Nov Budge t Time Line &Proce ss Strategic Plan Finalized Budget Proposals Developed / BFO Teams Evaluate & Rank City Manager & Executive Team Evals & Modifies Council Discussion / Public Hearings / Budget Ad option Strategic Objectives become the basis for ranking Budget Proposals (Offers) Staff develops Offers to achieve Strategic Objectives BFO Teams evaluate and rank Offers Executive Team input to align with Strategic Plan and Council Priorities City Manager ’s Recommended Budget presented to City Council on September 1 We Are Here Finalize Budget and adopt by the end of November The BFO Teams were invoked again for the 2022 Budget and public engagement started in May, unlike last year ’s one-year budget 1.2 Packet Pg. 13 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 4CityCouncil’s Budget Discussions Work Session 1.Culture & Recreation 2.Economic Health 3.Environmental Health 4.Tr ansportation & Mobility Work Session •Budget Assumptions and themes August September October November 31st 14th Work Session •General Discussion and final guidance 28th 2nd •1st Reading 16th •2nd Reading 12th 21st 5th •Budget Public Hearings 1 and 2 Work Session 5. Neighborhood Livability & Social Health 6.Safe Community 7.High Performing Government 1.2 Packet Pg. 14 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 5 2022 Budget Assumptions 1.2 Packet Pg. 15 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 6Citywide Revenue ($M) The BFO Teams were invoked again for the 2022 Budget and public engagement started in May, unlike last year ’s one-year budget 1.2 Packet Pg. 16 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 7General Fund Ongoing Revenue •Sales and Use Tax: 5% decline in 2020; Now projecting 13% increase 2021 and 3% increase in 2022 •Property Ta x: 11 % in 2020; 3% in 2021; 6% increase in 2022 •68% goes to PFA •PILOTs and other revenues relatively flat Year Ongoi ng General Fund + KF CG Re ve nue s $ C hange vs prior ye ar % Change vs pri or ye ar 2019 170,444,224 7,049,314 4.3% 2020 175,987,224 5,543,000 3.3% 2021 167,183,063 (8,804,161)-5.0% 2022 187,033,830 19,850,767 11.9% 1.2 Packet Pg. 17 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 8Use of new funding ($M) 38.7 0.0 8.9 3.2 5.7 4.1 4.7 12.1 0.0 10.0 20.0 30.0 40.0 2022 "New" Revenue - Citywide Sustainably fund ongoing expenses Lifted Hiring Freeze Recommended pay increases ARPA-funded enhancement offers Partially restore 2021 reductions 2022 Enhancements 2022 Funding Status Approximately $21M in overall enhancement offers included in Recommended 2022 Budget 1.2 Packet Pg. 18 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 9UtilityRate Assumptions Utility Rate Changes: Actual Actual Budget Utility 2020 2021 2022 L&P 5.0%3.0%2.0% Water 0.0%0.0%0.0% Wastewater 0.0%0.0%0.0% Storm Water 2.0%0.0%0.0% •Electric rate increases due to anticipated increased power supply costs from Platte River Power Authority (PRPA) 1.2 Packet Pg. 19 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 10Historical Budgeted Use of Reserves Fund 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General Fund $4.0 $4.9 $6.2 $6.2 $6.2 $5.1 $3.4 $4.0 $8.4 $5.3 Capi tal Expans ion 2.3 0.1 6.6 1.1 - - - 1.4 3.5 0.1 KFCG 2.6 0.9 2.7 2.8 5.2 4.8 1.7 1.5 3.1 2.0 Neighborhood Park land 0.8 1.1 - - 0.8 1.2 1.4 - - 2.9 Natural A reas 0.4 - 0.2 - 0.6 1.3 0.3 - 0.3 1.1 Tr ans it 0.1 0.1 0.5 0.6 0.4 0.4 0.1 - 1.5 - Tr ans port at ion Cap Ex - - - - 0.9 1.1 5.4 0.2 1.1 - Tr ans port at ion 0.6 0.2 1.3 0.5 1.4 2.8 2.2 2.6 1.5 0.8 L&P 6.3 7.1 6.1 8.2 9.5 4.5 0.3 - 1.6 - Water 3.2 4.6 - 7.4 1.1 1.0 - - 2.7 5.9 Wastewater 1.5 0.7 - 3.5 1.3 6.8 - - 7.0 0.5 Stormwat er - - 1.4 0.1 1.3 1.1 - - 4.9 - Self Insuranc e 0.6 0.6 0.3 0.3 - - 0.0 0.1 - - Data & Communications 0.5 - 0.3 0.2 1.7 0.2 0.9 0.5 0.5 0.7 Benefits 1.7 1.6 0.2 0.2 - - - 0.6 1.1 3.8 CS A 0.7 0.7 0.4 0.5 - 0.1 0.3 0.2 - 1.6 All Other Funds 4.8 0.8 2.7 1.2 1.7 1.7 2.6 0.9 10.4 2.6 Gra nd Total $30.1 $23.5 $28.8 $32.7 $32.1 $32.1 $18.6 $12.0 $47.6 $27.3 Not e:Th e figures above ex clude the General Employees Ret irement Plan Fund,Broadband Fund,the A meric an Rec overy Plan Act (ARPA) and the Downt own Development Authori ty. 1.2 Packet Pg. 20 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 11Cost Assumptions 2022 General Inflation 3.0% Salary Adjustments 4.0% Medical Costs 7.5% Dental Costs 0.0% Retirement 401/457 Contributions No Change GERP Supplemental Contribution $1.1M Budget Staffing of Total Personnel Costs 97% Pressure to Restore 2021 Reductions Requested Sellers to prioritize with other Enhancements 1.2 Packet Pg. 21 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 12 2022 Budget Themes and Insights 1.2 Packet Pg. 22 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 13Major Themes with 2022 Budget •Making Strategic Investments to “Future Proof” the City •Asset Management •Difficult Trade-offs •Recovery-driven investments funded by American Rescue Plan Act (ARPA) •Addressing Social Vulnerabilities of our Community •Building Equity into the Budget Process •Preserving a Meaningful and Market-Competitive Employee Experience 1.2 Packet Pg. 23 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 2022 Budget Engagement 14 Phase Goals Ta ctics Results 1 (Mar –May) •Build awareness of 2022 budget & engagement process •Solicit ideas & feedback about community priorities •Community Survey •Partner Engagement Preview (Mar 3) •OurCity page/content •Engagement Toolkit •Over 800 community survey responses •Connected with approx. 20 partners 2 (Jun –Aug) •Drive OurCity engagement/feedback •Ta rgeted Stakeholder Outreach •Engagement summary to BLT •Social Media •OurCity •Press Release •Direct Email •20K reached on social media •1.9K OurCity page visits (685 informed / 172 engaged) 3 (Sep –Nov) •Share Recommended Budget and solicit feedback •Online community forums •OurCity tools •Work Sessions & Public Hearings •Email/letter collection https://ourcity.fcgov.com/2022budget 1.2 Packet Pg. 24 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 15 Brief OurCity Demonstration 1.2 Packet Pg. 25 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 16 •3 Virtual Budget Forums will be conducted –Budget Forum #1: September 2, 5:30 –6:30 p.m. Outcomes: Neighborhood Livability & Social Health // Environmental Heath –Budget Forum #2: September 8, 4:00 –5:00 p.m. Outcomes: Safe Community //Tr ansportation & Mobility –Budget Forum #3: September 9, 5:30 –6:30 p.m. Outcomes: Economic Health //Culture and Recreation // High Performing Government •Each forum w ill cover 2 to 3 Outcomes •Will be recorded and posted to ourcity.fcgov.com/2022budget Upcoming Budget Forums 1.2 Packet Pg. 26 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 172021 Council Budget Meetings September 14th Work Session •Culture and Recreation •Economic Health •Environmental Health •Tr ansportation & Mobility September 28th Work Session •Neighborhood Livability and Social Health •Safe Community •High Performing Government September 21st Council Meeting •Budget Public Hearing #1 of 2 October 12th Work Session •Budget Public Hearing #2 of 2October 5th Council Meeting •General Discussion –Final Council Direction November 2nd Council Meeting •First Reading November 16th Council Meeting •Second Reading 1.2 Packet Pg. 27 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 18 Council Discussion 1.2 Packet Pg. 28 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 19 Appendix 1.2 Packet Pg. 29 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 20Notable Enhancement Offers •5 new Mental Health Response FTEs in Police Services •Support of Council’s 31 adopted priorities (see next slide) •Wa ter supply acquisitions •Design of major facility construction/upgrades (Municipal Court, Fleet Shop, Civic Center, Southeast Community Center) •Natural Areas restorations •Cybersecurity risk management •Childcare support •Staffing increases in Municipal Court and City Attorney’s Office 1.2 Packet Pg. 30 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 21Notable Enhancement Offers –Council Priorities •Analysis of PSD & Transportation Coordination •Local and Regional Air Quality Monitoring •Co-create City Tree Canopy •Homelessness Initiatives Increases •Future 24/7 Shelter Engagement Support •Analysis of implementing 15-minute Neighborhoods •In addition, staff is accelerating “quick wins” into its 2021 plans utilizing existing budget, e.g. Minimum Wage Engagement & Analysis •All 31 priorities’timelines/plans will be reported at 8/31 work session 1.2 Packet Pg. 31 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 22Notable Restoration Offers •Restoration of $4.7M of prior year ’s $15M of budget cuts, including: –Tr ansfort pre-pandemic service levels –Weekend hours at recreation and cultural facilities –Parks maintenance budget –Police Services training and operating expenses –Street maintenance program –Humane Society funding 1.2 Packet Pg. 32 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) 23Challenges Not Addressed in the 2022 Budget •Ongoing funding for Parks, Transit, and Affordable Housing ($14M+) •Critical repairs to Mulberry Pool HVAC and Roof ($3.5M) •Rolland Moore Park Improvements ($4.5M) •Expansion/renovation of Municipal Court ($2.4M) •City Park Train and Pickleball Courts ($5.1M) 1.2 Packet Pg. 33 Attachment: Powerpoint Presentation (10558 : 2022 Budget Preview) DATE: STAFF: August 31, 2021 Ginny Sawyer, Policy and Project Manager Tammi Pusheck, Interim City Clerk Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Meeting Norms and Rules. EXECUTIVE SUMMARY The purpose of this item is to explore options for Council meeting norms and rule adjustments. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures? Council Remote Participation (A): A1. Remote participation as a Council body A2. Remote participation as a Councilmember - expanded A3. Remote Sub-committees Public Comment and Agenda (B): B1. Advance sign-up for public comment B2. Combine general public comment with comment on consent agenda items and allow separate comment on discussion items B3. Combine public comment with comment on all agenda items (except hearings as required) B4.Time limit for overall public comment B5. Only allow Councilmembers to pull consent items BACKGROUND / DISCUSSION In 2020, as COVID-related restrictions began, the City quickly responded by enacting Emergency Orders to allow for remote meeting and participation options. The remote experience has been a unique “test setting” for efficiency, effectiveness, access, technology needs, and personal preference. Now that COVID re strictions are lifting, and Emergency Orders no longer seem relevant, this item seeks to identify any Council meeting norms or rule changes that could be made available on an on -going basis. The current Council Meeting Procedures adopted by Resolution 2019-064 are included for reference (Attachment 1) with the order of business as follows: 1. Proclamations and Presentations 2. Pledge of Allegiance 3. Call meeting to Order 4. Roll Call 5. City Manager’s Agenda Review (and opportunity for Manager to pull Consent Items) 6. Opportunity for City Council to Pull Consent Items 7. Opportunity for Citizens to Pull Consent Items 8. Citizen Participation 9. Citizen Participation Follow-up by Council 10. Consent Calendar vote 11. Staff Reports 2 Packet Pg. 34 August 31, 2021 Page 2 12. Councilmember Reports 13. City Manager/Council-Pulled Consent items 14. Items Needing Individual Consideration 15. Citizen-Pulled Consent Items 16. Other Business 17. Adjournment Staff has identified three key changes related specifically to Council participation and five potential options related to meeting rules. (Attachment 2) Council Participation (A): These changes address the three scenarios of Council participating remotely. Any changes to address remote participation would strictly allow the option, not make it mandatory. A1. Remote Participation as a Body: • Council is currently allowed to meet in-person, remotely, or as a hybrid only during COVID for COVID reasons. To continue to allow this flexibility, Code and Rules changes would be required. Changes would remove remote participation options being related to COVID or an emergency and would focus on more clearly defining what “being present” means in the Code. A2. Remote Participation as Individuals: • Individual Councilmembers are currently allowed to opt to participate remotely during COVID and for COVID reasons. Code and Rules changes are needed to allow individual Councilmembers to participate remotely in all types of meetings, for any reason. This change would include Special meetings and Executive Ses sions which would allow for greater efficiency and participation for Councilmembers. Exceptions would be made for quasi-judicial hearings which would likely require in-person participation. A3. Remote participation as Sub-committees: • Council sub-committees are currently allowed to meet in-person or remotely only during COVID for COVID reasons. Code and Rules changes are required for non-COVID times or reasons. Meeting Rules/Public Comment Adjustments (B) The five rule changes below mostly focus on public comment. They are not dependent upon one another, but some actions could influence others. These changes could be written and adopted in such a way that some or all could be tried as a pilot and evaluated in the future. B1. Sign-up requirement for public comment: • Would require electronic sign-up by a pre-determined time prior to Council meeting. Sign-up would open when the agenda is posted and would close at a pre-determined time (likely just prior to meeting start.) • Sign-up allows Council to plan for the meeting, fairly prioritize agenda-related comments and efficiently call names. • Sign-up can occur on website through computer, phone, and if needed a kiosk in the lobby. B2. Expand public comment to include anything on the consent agenda and ge neral comments, in order to allow Councilmembers to decide whether to pull consent items for discussion: • Priority could be given to speakers wishing to comment on agenda items. • This would enable Councilmembers to evaluate whether consent items require discussion and otherwise allow items to remain on consent (if combined with allowing only Councilmembers to pull items). • This could reduce confusion created by the current consent calendar process and avoid abuse. 2 Packet Pg. 35 August 31, 2021 Page 3 B3. Add discussion item comments under general public comment time as well as consent item comments: • Similar to the above, require all comments on discussion items at the beginning of the meeting with no comment during the item discussion. • Would need to consider adequacy of opportunity to comment and exceptions for quasi-judicial or other formal public hearings. • This could prevent confusion of when residents should speak to which items and would also allow for resident comment early in the evening if a discussion item was occurring much later. Council would receive all input at once early in the meeting. B4. Time allocation for public comment: • This item would limit the total time allotted for public comment and would need to consider combined impact with other limits, above. • This option may be best paired with B1 to ensure comments related to agenda items are heard. • Clear standards and expectations would need to be established to assure fair treatment for those wishing to speak. B5. Only allow Councilmembers to pull Consent Items : • Would need to consider exceptions for quasi-judicial and other formal public hearings and develop standard to guide decisions to pull items. • Community members would be able to ask questions regarding consent items during public comment and could also request Councilmembers to pull an item. • This could allow residents to express their questions earlier in the meeting than for public -pulled items under the current process. Most of these items could be enacted through a Resolution of meeting rules. A Code update by ordinance is required for some changes (such as to the consent calendar process) and is recommended for better definition of some key terms, such as Councilmember “presence” at a meeting. In June of 2021, a memo and chart summarizing a review of select peer cities was provided to Council. (Attachment 3) Thirty-six cities were surveyed (11 from Colorado). Several of these cities require the public to sign up to speak at a council meeting, either online, by email, or in person at the meeting . Many of these cities do not allow the public to pull consent items but rather allow them to request that items be pulled by a Councilmember or Council. Some cities allocate time for general public comment (not about agenda items) and some do not, and some limit the time for general comment while others do not. Some councils use a different process for “public hearing” items that allows fuller comment and combine all other comments into one segment of the meeting. The chart illustrates a variety of ways these matters may be handled for discussion purposes. No public engagement has been conducted to date. Based on Council direction some level of education, awareness, and involvement could be designed. ATTACHMENTS 1. 2019 Council Procedures (PDF) 2. Key Changes and Options to Council Meeting Rules (PDF) 3. Public Comment Comparison (PDF) 4. Powerpoint Presentation (PDF) 2 Packet Pg. 36 ATTACHMENT 1 2.1 Packet Pg. 37 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) 2.1 Packet Pg. 38 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted May 21, 2019 Resolution 2019-064 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to 2.1 Packet Pg. 39 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant and/or by the affected property owner (if not the applicant); (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant/property owner; (7) Councilmember questions of City staff, the applicant/property owner and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings required under City Code Section 7-88 (regarding re-districting) or Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. g. Items for which a public hearing is required may be considered as part of the Consent Calendar, and if any item is not pulled from the Consent Calendar for individual consideration and is adopted as part of the Consent Calendar, it will be deemed to have been the subject of a public hearing as required by any applicable Code or other legal requirements. h. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: 2.1 Packet Pg. 40 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 3 (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked be considered individually will then be considered using the regular process for considering discussion items. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. The presiding officer may, in his or her discretion, request that the City Clerk schedule the presentation of proclamations to begin as early as 5:00 p.m., so long as such request is made in time to allow twenty-four hours notice to the public of the updated start time. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); 2.1 Packet Pg. 41 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 4 (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if an action has been taken to initiate the application, review and decision-making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1) each item on the discussion agenda; (2) each item pulled from the consent agenda; and (3) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. The Council may, but is not required to, receive citizen input in connection with procedural matters and motions. Except as otherwise provided in these rules, citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may require those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. 2.1 Packet Pg. 42 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 5 g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. 2.1 Packet Pg. 43 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 6 (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. 2.1 Packet Pg. 44 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 7 Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised and reflect the existing practices of the Council and the requirements of the City Charter and City Code. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS  Main motions are used to bring business before the Council for consideration and action.  A main motion can be introduced only if no other business is pending.  All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval.  A main motion may be made or seconded by any Councilmember, including the presiding officer.  A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon.  A motion to amend, once seconded, is debatable and may itself be amended once.  A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. 2.1 Packet Pg. 45 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 8  Once a motion to amend has been seconded and debated, it is decided before the main motion is decided.  Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session.  “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred.  A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time.  Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen.  Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion.  Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences.  A motion to postpone indefinitely is debatable but not amendable. 2.1 Packet Pg. 46 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 9 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end.  If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate.  A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions that usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules.  A “point of order” takes precedence over any pending question out of which it may arise and does not require a second.  A “point of order” is not amendable.  Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer.  When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer.  If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” that is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 2.1 Packet Pg. 47 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 10 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question.  A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable.  The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first.  Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action.  A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws.  This motion is neither debatable nor amendable. The presiding officer may suspend the rules by stating his or her desire to do so, unless a Councilmember states an objection. In the event of an objection, a motion, second and approval by a majority vote, as described above, is required. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table.  A motion to take an item from the table is neither debatable nor amendable.  When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion that has already been voted on.  A motion to reconsider is in order only if made on the same date that the vote to be 2.1 Packet Pg. 48 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 11 reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered.  The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote.  When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion.  A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered.  A motion to reconsider is not amendable.  The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered.  A motion to rescind or amend something previously adopted is debatable and amendable.  In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question.  The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action.  In order to modify an adopted resolution or ordinance, Council must adopt a new resolution or ordinance making the desired modification, in compliance with all formalities applicable to adoption of a resolution or ordinance (as applicable). PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance that should be allowed to interrupt the consideration of anything else, without debate. 1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at his or 2.1 Packet Pg. 49 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) City Council Rules of Procedure (May 21, 2019) 12 her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time.  A motion to adjourn requires a second.  A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending.  An unconditional, privileged motion to adjourn takes precedence over most other motions.  The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting.  A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess.  After a recess, the meeting resumes when the presiding officer has called the meeting back to order. 2.1 Packet Pg. 50 Attachment: 2019 Council Procedures (10576 : Council Meeting Rules) COUNCIL MEETINGS MEETING RULES/PUBLIC COMMENT ITEM NOTES ITEM NOTES Remote Participation as a Body Council is currently allowed to meet in-person, remotely, or as a hybrid only during COVID for COVID reasons. Code and Rules changes required for non- COVID times or reasons. Sign-up requirement for public comment Would require electronic sign-up by a pre- determined time prior to Council meeting. Sign-up would open once the agenda has posted. Remote Participation as Individuals Individual Councilmembers are currently allowed to opt to participate remotely during COVID and for COVID reasons. Code and Rules changes needed to allow individual Councilmembers to participate remotely in all types of meetings, for any reason. Would include Special meetings and Executive Sessions. *Exceptions to consider include quasi-judicial hearings. Expand public comment to include anything on the agenda and general comments Priority could be given to speakers wishing to comment on agenda items. Remote as Sub- committees Council sub-committees are currently allowed to meet in-person or remotely only during COVID for COVID reasons. Code and Rules changes required for non COVID times or reasons. Put discussion item comments under general public comment time Could make this a requirement and eliminate public comment during discussion items. Would need to consider adequacy of opportunity to comment and exceptions for quasi- judicial or other formal public hearings. Set a time limit on total public comment Would need to consider combined impact with other limits, above. Only allow Councilmembers to pull Consent Items Would need to consider exceptions for quasi- judicial and other formal public hearings and develop standard to guide decisions to pull items. MECHANISM MECHANISM Majority achieved through Council adopted Resolution of Meeting Rules. Recommend minor Code change through Ordinance to define “present” and address other integration into current provisions. Majority achieved through Council adopted Resolution of Meeting Rules with some Code change through Ordinance required to update current Code language. TIMEFRAME TIMEFRAME Could bring forward by mid-late September dependent on public engagement. Could bring forward by mid-late September dependent on public engagement. ATTACHMENT 2 2.2 Packet Pg. 51 Attachment: Key Changes and Options to Council Meeting Rules (10576 : Council Meeting Rules) City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221.6295 - fax fcgov.com MEMORANDUM DATE: June 3, 2021 TO: Mayor Arndt and City Councilmembers THRU: Darin Atteberry, City Manager Kyle Stannert, Deputy City Manager FROM: Delynn Coldiron, City Clerk RE: Public Comment Procedure Comparison Over the course of the pandemic, the opportunities to participate in public meetings has been expanded with online involvement. This has enhanced public participation and, going forward, there have been questions on how to best leverage this opportunity. At a recent Leadership Planning Team meeting, staff was requested to look at best practices for public participation of peer cities. The purpose of this memo is to provide Council with the information obtained researching each municipality s public comment procedures. We surveyed 36 cities (11 from Colorado). In summary we found: Approximately 18 require public participation sign-up. Sign-up via an online form was most common (usually a phone or email option was provided as well). Some have a limit on the number of speakers allowed. Some prioritize speakers who have not commented within a certain number of meetings. Most have a time limit on public participation ranging from 30-60 minutes total. A few have additional (or all) public participation at the end of the meeting. Additionally, we found that 26 of the cities are still meeting remotely, 8 are using a hybrid approach to meetings and 1 is meeting in-person. A spreadsheet containing more in-depth information related to this is attached. ATTACHMENT 3 2.3 Packet Pg. 52 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesBoulderYesOnline form with sign up by certain time prior - names drawn at random if more than 20 sign up202 min each/45 minutes totalAll remoteOnline form for each itemGreeleyNoSubmit comments, questions via email any time leading up to and during meeting/comment during virtual meetingsNoComments submitted via email are read by City ClerkAll remoteOnly Council or staffDenverYesOnline form or sign up by phone with sign up by certain time prior No30 minutes total/3 minutes per speakerAll remoteSign up for public hearings online - 3 minutesThorntonYesOnline formNo60 minutes total/3 minutes per speakerAll remoteSign up for public hearings online - 3 minutesLittletonNoNo3 minutes per speakerSame - also have an agenda item comment form onlineArvadaYes if doing so remotelyOnline form, phone, or emailNo3 minutes per speaker at beginning of meeting and 5 minutes per speaker at endHybridSame YesLongmontNoCan call in only during public comment - no Zoom participation allowedNo3 minutes per speakerAll remoteCan call in only during public comment - no Zoom participation allowedLovelandNoNo3 minutes per speaker unless speaker for 5 or more people, then 10 minutesAll remoteSameOnly Council unless it is quasi-judicial, then any member of the public can pullColorado SpringsNoNo60 minutes total/3 minutes per speakerAll remoteSameYes2.3 Packet Pg. 53 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesLakewoodNo but can comment online ahead of meeting in specific place for each agenda item, including public commentMust sign in on roster to speak during regular in-person meetingsNo3 minutes per speaker unless speaker for 3 or more people, then 10 minutesAll remoteSameWestminsterYes if wanting to speak, can also leave voice messages which are played at meetingEmail by noon day of meeting - email response includes link to remote meetingNo5 minutes per speakerAll remoteSameProvo, UTNoNo2 minutes per speakerAll remoteSamePublic can suggest removal, but Council must do soGainesville, FLYes if wanting to speak during regular, in-person meetings, can also leave voice messages which are played at meetingOnline form or in person with ClerkNo30 minutes total/3 minutes per speakerHybridSameOnly Commission membersSee "Welcome Neighbor" - Neighbor's Guide to City MeetingsEugene, ORYes during regular in-person meetings, no during virtual meetings (just call in, raise hand)Form available online or at meeting - submit to staff at meetingNo3 minutes per speakerAll remoteSameTacoma, WAYes during regular in-person meetings, no during virtual meetings (just call in, raise hand)Sign in at meeting, names are called in orderNo5 minutes per speakerAll remoteTypically public comment is for all items on agenda and happens once at beginningOnly Council membersOnce permonth, community forum time (90 sec per speaker) is offered for citizens to talk about any topic2.3 Packet Pg. 54 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesGarland, TXNoNo3 minutes per speakerAll remoteMust fill out a speaker card during regular in-person meetingsYesBoise, IDEncouraged for remote participation- those not signed up are allowed to speak after Online linkNo3 minutes per speakerHybridSameYesOlathe, KSYesIn-person, telephone, or email; list posted at least 30 minutes prior to meetingNo30 minutes total/3 minutes per speakerHybridSame; separate list for each public hearing item; 5 minutes per person per itemCouncil member onlyGeneral public comment near end of meetingSanta Rosa, CANo but can comment online ahead of meeting in specific place for each agenda item, including public comment12 speakers selected randomly by Mayor for first public comment section and rest speak at second; all voice messages played during one or the other3 minutes per speakerAll remoteNo limit on number of speakers, 3 minutes per speakerCedar Rapids, IAYesOnline - all must be registered at least two hours before start of meeting then will be sent link info; must sign up on sheet during in-person meetings before meeting start then called in orderNo5 minutes per speakerAll remoteSameCouncil member onlyDenton, TXYesCan submit comments online specific to items or call with comments (can request a call back during the specific agenda item)No4 minutes per speakerAll remoteSamePublic Reports: 7 speakers allowed to pre-register via email or phone (4 minutes each)Santa Barbara, CANoNo30 minutes total/3 minutes per speakerAll remoteSameYes2.3 Packet Pg. 55 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesAnaheim, CANoNo3 minutes per speakerHybridSameCouncil member onlyBellevue, WAYesSign up on web page (link provided in agenda online)No (see notes)30 minutes total/3 minutes per speakerAll remoteDoes not appear public can comment beyond the 'oral communications' part of agendaThe total time for oral communications is 30 minutes. If the number of speakers signed up to speak will exceed the 30 minute period, the Mayor is authorized to give preference to (1) persons speaking to items on the meeting agenda or anticipated to come on the agenda within one month and/or (2) to persons who have not spoken to Council in the last quarter. Speakers will be allowed up to three minutes Athens, GAYesOnline form 20 for agenda items/10 for items not on the agenda3 minutes per speaker - 60 minutes for agenda items (beginning of meeting)/30 minutes for non-agenda items (end of meeting)All remoteNo need to register if input is on a zoning public hearing (can be in-person)No2.3 Packet Pg. 56 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesIrving, TXYesMust complete speaker's card by 7 PM day of meetingNo30 minutes total/3 minutes per speaker - anyone not heard at beginning go at end and anyone who has spoken within the last 90 days goes lastHybrid5 minutes per speaker for agenda items (must also fill out speaker's card)Council member onlyNorman, OKNot for general commentsNo3 minutes per speaker - at end of agendaAll remoteMust sign up online or by phone for each specific itemLincoln, NENoNo5 minutes per speaker during general comment (cannot be on current or future agenda topics)HybridNo - citizens can speak on public hearing items specifically and on consent items as a whole at beginning of meetingsGeneral public comment only allowed 2 of 4 meetings per month at end of meetingRichardson, TXYesMust submit a public comment card prior to the meeting or when public comment is opened for a public hearingNo5 minutes per speakerIn personSameYesCan also submit a public comment form online Coral Springs, FLYesOnline formNo3 minutes per speakerHybridSameAnn Arbor, MIYesCall beginning at 8 AM day off10 speakers with priority given to those who have not spoken at last 2 meetings and those who want to discuss an agenda item3 minutes per speakerAll remoteCan call in for public hearing itemsAlso general comment time at end of meeting with no advance sign up or limit on number of speakers2.3 Packet Pg. 57 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesCharlotteville, VABothOnline form, email, or call16 speakers (8 selected randomly from a list of people signed up in advance and 8 who signed in on first-come, first-served basis) for first public comment section - list of those selected is posted on web page day of meeting3 minutes per speakerAll remoteSign up sheets for public hearingsNo - 2 Council members must want to pull itemAlso general comment time at end of meeting with no advance sign up or limit on number of speakersAsheville, NCYesOnline form or callNo - list of speakers in order posted on webpage day of meeting3 minutes per speaker/60 minutes totalAll remoteOne hour time limit for speakers on public hearingsYesPalo Alto, CAYesSpeaker request cardNo3 minutes per speaker/30 minutes totalAll remoteSameNo - 3 Council members must want to pullPortland, MENoNo60 minutes total/3 minutes per speakerAll remoteSamePublic comment can be reopend at end of meeting by a voteBurbank, CANoCall in during meetingNo3 minutes per speakerAll remoteSame2.3 Packet Pg. 58 Attachment: Public Comment Comparison (10576 : Council Meeting Rules) City Council: Meeting Norms and Rules August 31, 2021 ATTACHMENT 4 2.4 Packet Pg. 59 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) 2Council Questions 1.What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures? 2.4 Packet Pg. 60 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) 3Background •COVID restrictions and related Emergency Orders operationalized numerous remote meeting and participation mechanisms. •Options no longer as relevant to COVID. •Changes allow continued remote options for: •Accessibility •Efficiency •Health & Safety •Preference 2.4 Packet Pg. 61 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) Council Participation COVID and Emergency Orders allowed: •Remote participation as a Council body •Remote participation as a Councilmember •Remote meetings of Council Sub-committees 4 Options presented would allow Council the option to utilize any of the above outside of an emergency order. 2.4 Packet Pg. 62 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) Considerations Change could include Special Meetings and Executive Sessions: •Improved efficiency •Councilmember participation when schedule constrained •Exceptions for quasi-judicial hearings 5 2.4 Packet Pg. 63 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) 6Meeting Rule Adjustments Public Participation •Sign-up requirement for public comment •Expand public comment to include anything on the agenda and general comments •Put discussion item comments under general public comment time •Ti me allocation for public comment •Only allow Councilmembers to pull Consent Items 2.4 Packet Pg. 64 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) 7Considerations •Eliminate resident confusion on when to speak to items •Allow residents to speak to any item early in the meeting •Ease of calling speakers names •Can prioritize (if needed) comments related to agenda items •Consent questions heard and answered early in meeting •Change of process, clear standards and expectations needed •Exceptions needed for quasi-judicial/formal hearings •If overall time is limited comments may not be heard 2.4 Packet Pg. 65 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) 8Council Questions 1.What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures? 2.4 Packet Pg. 66 Attachment: Powerpoint Presentation (10576 : Council Meeting Rules) DATE: STAFF: August 31, 2021 Rebecca Everette, Development Review Manager Theresa Connor, Interim Utilities Executive Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Northeast Fort Collins Planning and Projects Overview. EXECUTIVE SUMMARY The purpose of this item is to provide an overview of planning considerations, policy guidance, and future projects in northeast Fort Collins (north of Vine Drive, east of Lemay Avenue and generally encompassed in the Mountain Vista Subarea). As the largest area of mostly vacant, agricultural land in the Growth Management Area, significant development is anticipated over the coming decades. Council may be involved in various decisions related to planning and development in this area of the community, including plan amendments, development plans, annexation and zoning decisions, utility service agreements, metropolitan districts, and funding for capital projects. New and proposed development in the area has necessitated a holistic analysis of utility provision, the transportation network and community amenities in northeast Fort Collins, which pose both opportunities and constraints for the City. Staff will share background information and context for Council to set the stage for future action items. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions or guidance does Council have related to planning and projects in northeast Fo rt Collins? 2. Would Council like additional information related to specific projects, issues or opportunities in this area? BACKGROUND / DISCUSSION 1. Long-Range Planning And Vision There are several plans and policies that describe the long -term vision for land use, development, infrastructure improvements, and community services in northeast Fort Collins. As that area continues to grow and evolve, these plans provide guidance and predictability for future development projects and public/private investment. Mountain Vista Subarea Plan The Mountain Vista Subarea Plan was adopted in 2009 and provides land use and policy guidance for the northeast quadrant of the city. The plan describes the vision for this subarea as: “…an area of Fort Collins known for its impressive views of the mountains and recognized for its successful and innovative community design. This subarea will be distinct and attractive with a comfortable, town-like atmosphere that residents and businesses identify with and take pride in. Ne ighborhoods, parks, schools, shopping district and business centers within this subarea will be connected and served by a variety of travel choices including vehicle, transit, bicycle, and pedestrian modes…” 3 Packet Pg. 67 August 31, 2021 Page 2 Other key elements of the subarea plan’s vision and policies include: • Mixed-use neighborhoods composed of a variety of housing types and prices ranges; • Commercial centers and amenities near neighborhoods; • A new community commercial district with a small town-like pattern of streets and blocks and an emphasis on pedestrian use; • A network of streets and trails that are attractive, safe and pedestrian -oriented; • A range of job opportunities for the community and region on industrial and employment lands • Access, mobility and connectivity for all travel modes, with strategically located transit hubs; • Preservation and enhancement of existing natural features, historic resources, and scenic views; • Schools, parks and recreation opportunities linked by a greenway network; and • Well designed and attractive landscaping, signage and lighting with high -quality and innovative building design. In 2016, Council revisited the vision and framework plan for the Mountain Vista subarea. In work session discussions, Council reinforced their support for a land use framework that integrates open lands (including agricultural production, parks, natural habitat, and stormwater areas) with new residential neighborhoods, public facilities and employment areas. Council priorities for the area included “agri-urban” development, affordable housing, and implementation of Nature in the City goals. Transportation Planning In 2019, Council adopted an updated Transportation Master Plan and Transit Master Plan in conjunction with City Plan. These plans establish a vision for mobility in Fort Collins, achieved through a safe and reliable multimodal transportation network for all residents, visitors and employees. The Master Street Plan is an element of the Transportation Master Plan and establishes the overall street network for the community, including the layout and classification of roads, intersections, and other infrastructure. The Master Street Plan was also recently updated, in conjunction with both the City Plan Update and approval of the Montava PUD. The recent Master Street Plan amendments included a combination of reclassifications and modifications to existing and future roadways that will provide connectivity and access to the Mountain Vista subarea. The most significant changes were the realignment of Timber line and Mountain Vista and the addition of Turnberry and Giddings connections (south of Mountain Vista). The realignment of Timberline and Mountain Vista keep the existing road alignments and remove a future curve of Timberline through private property. The Turnberry and Giddings connections provide an additional four lanes of north/south capacity feeding to Suniga, providing a parallel connection to Country Club Road. The remainder of changes were minor realignments or additions that primarily impact the Montava development and were tied to the approval of the Montava PUD application. The Transit Master Plan defines a vision for expanded coverage of the transit network, 3 Packet Pg. 68 August 31, 2021 Page 3 improved connections to transit, bus rapid transit along key corridors, and modernized operations. In the Mountain Vista Subarea, the Transit Master Plan identifies a future transit route with frequent peak service (15 min peak/30 min off-peak) along Suniga Road, Timberline Road, and Giddings Road. A transit center/mobility hub is planned n ear the intersection of Mountain Vista Road and Giddings Road. A mobility hub seeks to integrate transit with other modes of transportation and could include bus shelters, bike parking, scooter/bike share, car share, electric vehicle charging, and drop-off/pickup for ride-hailing services (e.g., Uber/Lyft). Parks, Recreation and Trails Based on the recently adopted 2021 Parks and Recreation Plan, there are approximately three new neighborhood parks and one new community park planned for northeast Fort Collins. Multiple regional trail connections are planned as development occurs over time. A new recreation center is also planned for northeast Fort Collins as the population continues to grow. Schools and Libraries Poudre School District (PSD) has long had plans for developing additional schools to serve northeast Fort Collins, including elementary, middle, and high school sites. Schools will be sited and built as needed and as funding allows in response to population growth and development activity. PSD continues to partner with developers in northeast Fort Collins to secure potential school sites and ensure that the District’s long -term needs can be met. The Montava PUD identifies sites for future elementary, middle, and high schools within the master plan. PSD has not indicated a timeline for the development of new schools in this area. The 2019 Poudre River Public Library District Master Plan identifies the need for an additional library facility that is “accessible for the populations of and beyond nort h Fort Collins.” The new library would offer “diverse spaces for people and programming” and would serve as a key community amenity for residents in northeast Fort Collins. 2. Active Projects And Investment Development Projects Multiple development projects are planned, under review or have been approved in recent years in northeast Fort Collins. Council’s role in relation to development projects varies based on the nature of the project. For projects that involve plan amendments, annexation, zoning or rezoning, metro districts, or Planned Unit Developments larger than 640 acres, Council is the decision-maker. For development projects that do not involve these actions, the Planning and Zoning Commission or an administrative hearing officer are the decision-makers, though Council may be involved in appeal proceedings as needed. Development projects are required to comply with all applicable Land Use Code requirements and must conform to the policy guidance in City Plan, the Master Street Plan, and other ad opted policies and plans. Montava Planned Unit Development 3 Packet Pg. 69 August 31, 2021 Page 4 Montava is a multi-phase, long-term development proposal located in the northeast portion of Fort Collins. Council approved the Planned Unit Development (PUD) Master Plan in February 2020. The development is estimated to take about 20-25 years to build-out, will include about 4,000 housing units, a commercial town center, employment and industrial uses, a community park, schools, natural area, and other community amenities across approximately 1,000 acres. At full build-out, the master plan is estimated to accommodate about 11,000 residents. Council has also approved a Metro District Service Plan and Public Benefits Agreement for Montava. The public benefit commitments include: • Affordable Housing: The Montava Metro Districts are obligated to deliver 300 affordable and 300 attainable housing units, with a 20-year deed restriction on the affordable units. • Climate Action: All single-family units will be constructed to meet or exceed the Department of Energy Zero Energy ready standard. • Agri-urban Component: Development of a working 47-acre farm within a 5-year period to become operational. If the farm does not come to fruition in this period, the City has an option to purchase the land. • Non-potable Irrigation System: The irrigation needs of the development and its residents will be provided by the existing groundwater wells that have historically irrigated the property, rather than treated potable water. Staff expect the first phases of the Montava development to be submitted for City review in late 2021 or early 2022. Transportation Projects Major transportation projects planned in northeast Fort Collins include: • The Vine Drive and Lemay Avenue overpass - in construction and scheduled for 2021 completion; • The completion of various portions of Suniga Road - with development activities; • A new signal at Timberline Road and Vine Drive - scheduled for 2022 completion; • A new signal at SH1 and Douglas Road - scheduled for 2021 completion; • The completion of various portions of Turnberry - with development activities; • Timberline/Mtn Vista widening and intersection improvements - with development activities. Other improvements, including roadway widening consistent with the Master Street Plan and intersection projects, will be identified through individual development applications. The City will work closely with the County to accommodate the sensitive nature of Country Club Road, which is a collector street in unincorporated Larim er County. City staff has a conceptual design for the extension of Turnberry Road that would eventually connect with the East-West Suniga Road connection, and this includes improvements at the Turnberry and Mountain Vista intersection. Progression to a final design of this section will be dependent upon development activity in the area and will require extensive coordination with the County and adjacent property owners. Additionally, operational and traffic increases, as development occurs, will further drive needs for infrastructure investment, such as 3 Packet Pg. 70 August 31, 2021 Page 5 Transportation Capital Expansion Fee (TCEF) funding, for traffic system improvements. Parks, Recreation and Trail Projects The Park Planning and Development Department has been coordinating with mu ltiple developers to reserve parkland and secure easements for future paved recreational trails. As part of the Montava PUD approval, a site for future Northeast Community Park has been identified. The City recently completed construction of two new neighb orhood parks in the area, including Crescent Park in the Maple Hill neighborhood and Sugar Beet Park, located near Vine Drive and 9th Street. Construction of Traverse Park, located in the Trail Head neighborhood, is currently underway and planned to be ope n in late 2021. 3. Utility Services Potable Water and Wastewater Utilities The Mountain Vista Subarea is predominately within the East Larimer County Water District (ELCO), which provides potable water treatment and delivery services for existing and f uture customers. The only exception is that Fort Collins Utilities serves the Anheuser Busch facility near Richards Lake Road and I-25. ELCO requires new development to provide certain water rights to meet at least 70% the water demands of the new developm ent and will allow up to 30% to be satisfied by paying cash-in-lieu of dedication of water rights. City Plan observed that “much of the remaining undeveloped land in the GMA is not served by City sewer and water utilities, which could impact the availability, timing and pricing of future development in these areas.” There are eight water and sewer districts that serve city residents within the GMA. These districts were mostly created in the 1960s as compared to the City’s system that is well over 130 years old. The districts are serving small populations that are more spread out, which will drive their capital costs higher as compared to the City’s compact, populated utility service area. Some developers have expressed concern that costs related to water and wastewater services are increasing, and they are having trouble acquiring water rights as the market is increasingly competitive. The rising cost of development can affect affordability of housing as well as the ability for the development to provid e other infrastructure and amenities. These conditions are spurring developers to explore alternative approaches to providing water supplies, including groundwater. While groundwater is common in other areas of the state and country, groundwater is not currently within any GMA water provider’s existing water portfolios. Note that land use authorities in Colorado are required to evaluate the adequacy of the water supplies for a proposed development and staff are ready to start working on an update to this process to make it more robust to a variety of solutions developers may pose. Council has established a priority to advance regional collaboration, indicating that water is one area of focus for this work. Addressing the competition for water resources in Northern Colorado will take dedicated effort. Starting locally to address this challenge within the City’s GMA is a good place to begin the conversation and will also need to be part of a larger conversation. 3 Packet Pg. 71 August 31, 2021 Page 6 The Mountain Vista Subarea is predominately within the Boxelder Sanitation District (BSD) service area for wastewater conveyance, treatment and disposal. Like water service, Fort Collins Utilities serves the Anheuser Busch facility, even though it is within BSD’s service area. BSD has a treatment plant across the Poudre River from the Fort Collins Drake Water Reclamation Facility that serves a large geographic area, including NE Fort Collins, Larimer County, and Timnath. BSD’s Plant Investment Fee for single-family homes is much higher than Fort Collins Utilities, which reflects the need to provide service in a large geographic area. BSD has developed a multi-family rate and a program for affordable housing to help address these concerns. Stormwater Utility The Mountain Vista Subarea is in the Cooper Slough Drainage Basin, which drains to Boxelder Creek watershed and eventually the Poudre River. Fort Collins Utilities Stormwater Division has completed a Master Stormwater Plan, including a Selected Plan for improvements in the Cooper Slough Basin to address a lack of adequate stormwater infrastructure within the basin to meet the level of service as established by policy. Working with developers within the Cooper Slough Basin is an opportunity to partner to meet the requirements of the dev eloper and make improvements identified to serve existing residents. The Stormwater Department generally works through Development Agreements to partner on these projects. Utility Infrastructure to Serve Development The Mountain Vista Subarea Plan calls for a compact, mixed-use land use pattern in Northeast Fort Collins, which supports healthy and connected neighborhoods. Providing utility services in neighborhoods with narrower streets, buildings that front on greenways, and denser development can require creative problem solving and flexibility in adopted standards. As new development is proposed in this area of the community, the City will continue to partner with various utility providers to balance the vision for walkable, vibrant neighborhoods with the need for safe and reliable utility services. 4. Future Council Involvement Council may be directly involved in several future projects and planning efforts. The following projects are on the horizon and may require Council input or decisions: • Appropriation of funding for future capital projects (e.g., Suniga Road connections, Turnberry Road extension, parks and trails); • Future amendments to the Mountain Vista Subarea Plan, Master Street Plan or other long - range plans in conjunction with development proposals, as needed; • Future amendments to the Montava PUD Master Plan or Metro District Service Plan, as needed; • Adoption of a new Water Adequacy Determination process for “non -standard” utility service plans; • Requests to collaborate with developers, other water providers, and/or communities to support local and regional water needs. For example, purchase or lease of water for 3 Packet Pg. 72 August 31, 2021 Page 7 augmentation, water service agreements, or treatment capacity sharing. ATTACHMENTS 1. Powerpoint Presentation (PDF) 3 Packet Pg. 73 Presented by: Northeast Fort Collins Planning Discussion 08-31-21 Rebecca Everette Development Review Manager Theresa Connor Interim Utilities Executive Director ATTACHMENT 1 3.1 Packet Pg. 74 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 2Purpose of this Item •Provide context and background on long-range planning, infrastructure projects, and development in northeast Fort Collins •Outline opportunities and constraints related to planning, transportation, parks and recreation, and utility services •Prepare Council for future discussions related to capital projects, plan amendments, and development projects 1.What questions or guidance does Council have related to planning and projects in northeast Fort Collins? 2.Would Council like additional information related to specific projects,issues or opportunities in this area? 3.1 Packet Pg. 75 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) Area of Consideration •North of Vine Drive, East of Lemay Av enue •Mountain Vista Subarea •Council District 1 •Majority of vacant land in Growth Management Area •Separate water and wastewater districts 3 VINELEMAY 3.1 Packet Pg. 76 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 4CityCouncil’s Role •Council may be involved in various decisions that affect northeast Fort Collins, including: •Plan amendments •New codes, policies and processes •Annexation, zoning and rezoning •Capital project funding •Metro district requests •Utility service agreements •Major amendments to Montava PUD •Development projects on appeal POLICY & PLANS CAPITAL PROJECTS DEVELOPMENT PROJECTS 3.1 Packet Pg. 77 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) Long-Range Planning & Vision 3.1 Packet Pg. 78 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 6Historyof Planning in Northeast Fort Collins 1999 Mountain Vista Framework Plan Adopted 2008-2009 Mountain Vista Plan Update Update 2015 Rural Scenario Assessment 2019 Updates to: •Master Street Plan •City Plan •Tr ansportation Master Plan •Tr ansit Master Plan 2020 Montava PUD Approved 2021 Parks & Recreation Master Plan Update 3.1 Packet Pg. 79 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 7Mountain Vista Subarea Plan Vision Vision for the Mountain Vista Area: •Mixed-use neighborhoods with a variety of housing types and prices ranges •Preservation of existing natural features, historic resources, and scenic views •Schools, parks and recreation opportunities linked by a greenway network •Commercial centers and amenities in close proximity to neighborhoods •Access, mobility and connectivity for all travel modes, with strategically located transit hubs •Attractive and innovative architecture and urban design 3.1 Packet Pg. 80 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 8Direction from Council (2015) •Specific topics to address with future development: •Nature in the City •Urban Agriculture •Housing Affordability •Investigate partnership opportunities for infrastructure improvements •Promote innovative design •Enhance livability and integrate agricultural and natural systems 3.1 Packet Pg. 81 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 9Master Street Plan 3.1 Packet Pg. 82 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 10Transit Master Plan 3.1 Packet Pg. 83 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 11Public Space Network 3.1 Packet Pg. 84 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 12Proposed Parks and Trails 3.1 Packet Pg. 85 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 13Montava Planned Unit Development (PUD) •999-acre master plan •Complete, connected community •Neighborhoods •Parks •Schools •Working farm •To wn center •Office/industrial •Community facilities 3.1 Packet Pg. 86 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) Active Projects & Investment 3.1 Packet Pg. 87 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 15Recent Development Activity Lak e C anal No. 8 OutletLarimer and Weld Canal R i c h a r d's L a k e L o n g P o n d Linden m eierLake Jacks o nDitchLak e C anal No. 8 OutletLarimer and Weld Canal R i c h a r d's L a k e L o n g P o n d Linden m eierLake Jacks o nDitchTurnberry RdMtn Vista Drive TimberlineVine Dr GiddingsSuniga Country Club Dr Lemay11 11 Montava* 22 Country Club Reserve 33 Wa ter ’s Edge / Sonders* 44 Wa terfield*Richards Lake Rd Douglas Rd22 33 44 Recently Approved = Metro District* N 55 55 Northfield* Initial Phases of Montava Development Coming Up 3.1 Packet Pg. 88 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 16Planned Transportation Improvements 11 Vine & Lemay Overpass (2021) Suniga (various sections) Timberline/Vine Signal (2022) Current Projects (Funded, underway, or complete) Future Projects (with Development) 77 Turnberry (various sections) Turnberry & Country Club Signal (complete) Timberline / Mtn Vista widening & intersection improvements Mtn. Vista / I-25 Signal Vine Dr Bridge over I-25 (complete) 66 22 33 44 55 SH 1 / Douglas Rd Signal (2021) 88 99 3.1 Packet Pg. 89 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 17Parks, Recreation and Trail Projects Tr averse Park Under Construction Opens Fall 2021 Crescent Park Opened 2019 Sugar Beet Park Opened 2019 Vine & Lemay Trail Underpass Under Construction NE Community Park Park Site Identified Iron Horse Park Property Purchased Richards Lake Park Property Purchased Paved Trails Multiple Easements Secured East Ridge Park Park Site Identified Poudre River Whitewater Park Opened 2019 3.1 Packet Pg. 90 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 18Policy& Program Initiatives •Multiple initiatives currently in progress that help advance the vision for Northeast Fort Collins: •Housing Land Use Code Updates •Nature in the City Land Use Code Updates •Housing Strategic Plan Implementation •Tr ansportation Capital Project Prioritization Study •Neighborhood Action Planning 3.1 Packet Pg. 91 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) Utility Services 3.1 Packet Pg. 92 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 20Water Utilities •Potable Water service provider: East Larimer County Water District (ELCO) •Requires water rights be provided which is more expensive than the current Utilities Cash In Lieu fee. •Groundwater system is being explored as water supply in this area by Montava. •Fort Collins Utilities has been requested to partner in a lease of water to augment the groundwater proposal by Montava. •As the cost of water rises, the number of other amenities that a developer can provide to the development and still remain competitive in housing prices may decrease. ELCO SERVICE AREA 3.1 Packet Pg. 93 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 21Wastewater Utilities •Wastewater Service provider: Boxelder Sanitation District (BSD) •Large Service Area with population that is spread out drives higher capital costs. •BSD has developed a multi-family rate to reflect changing nature of development in their service area. •BSD did establish an affordable housing policy. BOXELDER SERVICE AREA 3.1 Packet Pg. 94 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 22Stormwater Utility •Fort Collins Utilities is the stormwater provider in this area •Mountain Vista Subarea is in the Cooper Slough Drainage Basin •Any partnering on stormwater improvements would be incorporated into development agreements 3.1 Packet Pg. 95 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) NE Fort Collins: Opportunities & Challenges 23 Opportunities •Largest undeveloped area of city •Potential for full range of housing options and mixed neighborhoods •Impact fees for infrastructure and amenities •Potential for new parks, schools, open space, and community facilities Challenges •High cost of development •Utility service constraints •Water supply and costs •High infrastructure needs to serve growing population 3.1 Packet Pg. 96 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 24Mountain Vista Subarea Plan Vision “…an area known for its impressive views of the mountains and recognized for its successful and innovative community design. This subarea will be distinct and attractive with a comfortable, town-like atmosphere that residents and businesses identify with and take pride in. Neighborhoods, parks, schools, shopping district and business centers within this subarea will be connected and served by a variety of travel choices including vehicle, transit, bicycle, and pedestrian modes…” 3.1 Packet Pg. 97 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 25Council Discussion 1.What questions or guidance does Council have related to planning and projects in northeast Fort Collins? 2.Would Council like additional information related to specific projects,issues or opportunities in this area? 3.1 Packet Pg. 98 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) 3.1 Packet Pg. 99 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview) Vi sion for Northeast Fort Collins Zoning Ac reage Low Density Mixed Use Neighborhood (LMN) 1,298 acres Medium Density Mixed Use Neighborhood (MMN) 144 acres Employment 660 acres Industrial 450 acres Open land, community park and school site 400 acres Community Commercial 30 acres To tal 2,989 acres 27 Growth Management Area (GMA) Boundary Mountain Vista Subarea City Limits (Yellow) 3.1 Packet Pg. 100 Attachment: Powerpoint Presentation (10574 : Northeast Fort Collins Planning and Projects Overview)