HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2020 - SECOND READING OF ORDINANCE NO. 020, 2020, REPEALIAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY February 4, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II, Division 3 of the
Code of the City of Fort Collins Relating to Procedures for Appeals to the City Council.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the City Council appeals
procedure contained in City Code in order to clarify aspects of the appeals procedures and to improve the
appeals process.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On First Reading, a question was asked concerning the number of appeals heard by Council for the past five
years and how many appeals had been combined into one hearing.
From 2014 through 2019:
• 32 individual appeals were filed on 25 projects
• 7 of those projects had multiple appeals of one project and were combined into one hearing by Council.
• 5 appeals were filed by applicants for a project
• 4 appeals were filed by a Councilmember.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (PDF)
2. Ordinance No. 020, 2020 (PDF)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY January 21, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II, Division 3 of the
Code of the City of Fort Collins Relating to Procedures for Appeals to the City Council.
EXECUTIVE SUMMARY
The purpose of this item is to propose changes to the City Council appeals procedure contained in City Code in
order to clarify aspects of the appeals procedure and to improve the appeals process.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council has considered several appeals over the past few years. Staff has identified provisions requiring
added clarification, as well as opportunities to improve processes without raising substantive policy issues. The
proposed changes are a result of this, as well as public outreach that has been done as part of this effort. Council
may wish to discuss other, more substantive, policy changes to the appeal provisions; these amendments are
not intended for that purpose.
The following highlights some of the more substantive items, as well as things that may be of interest to Council:
I. Section 2-48. – Appeal of final decision permitted; effect of appeal; grounds for appeal.
• A proposed change to Section 2-48(c) requires that appeals filed by City Councilmembers include specific
questions to be considered on appeal. This replaces the current requirement for a general description of the
issue and is intended to better identify the particular issues being raised.
II. Section 2-49. – Filing of notice of appeal; new evidence.
• A proposed change to Section 2-49(b)(5) requires that the appellant submit new evidence, where allowed,
no later than seven calendar days after the deadline for filing the notice of appeal.
III. Section 2-52. – Scheduling of the hearing/no ex parte contacts.
• Proposed changes to 2-52(a) add:
o A hearing timeframe of no fewer than 28 days and no later than 77 days after the deadline for filing the
notice of appeals;
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Agenda Item 20
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o A provision for the City Clerk to determine the hearing date and determine whether unavoidable conflicts
exist;
o An increase in the amount of written notice of an appeal hearing to be sent to the appellant and parties-
in-interest (from 10 calendar days to 21 calendar days);
• A proposed change to 2-52(b) adds a provision that would consolidate multiple appeals of the same decision
into one hearing (unless Council decides otherwise). Currently the Code allows the Mayor to consolidate
multiple appeals of the same decision into one hearing and we are not aware of a time when consolidation
did not occur.
The Planning & Zoning Board did not agree with this item and recommended that provisions related to this
be removed.
• A proposed change to 2-52(c) adds a provision for the City Manager to request that Council extend the time
for hearing an appeal beyond the specified 77-day period.
IV. Section 2-55. – Written materials; new evidence.
0. Changes to Subsection (a) clarify what evidence and information the Council may consider in making its
decision, including new evidence.
1. Changes to Subsection (b) update the description of new evidence Council may consider in making its
decision.
2. Changes to Subsection (b)(2) requires a party-in interest opposed to the appeal to submit new evidence
within 21 calendar days after the deadline for filing the related notice of appeal.
3. Adds a new Subsection (d) setting the deadline for parties-in-interest to submit presentation materials for
the appeal and requiring that at least twenty hard copies be made available if hard copies are to be provided,
along with the digital presentation.
The following graphic shows timelines related to appeals (Attachment 1 is a larger version):
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Agenda Item 20
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Timelines generated a lot of discussion during the public outreach and at the Planning and Zoning Board hearing.
There was support from many for giving appellant’s additional time to file new evidence. The Planning and
Zoning Board recommendation included a provision to extend the deadline for new evidence for the appellant
by 7 days (from 21 days after the final decision to 28 days after the final decision). In the interest of fairness for
both parties, staff did not change the proposed amendments to include this. As it stands, the appellant has 21
days from the date of decision to file new evidence. After that date, parties opposing the appeal are given 14
days to review and provide response to the new evidence submitted. Adding an additional week to the appellant
deadline would require the same add to the opposing party deadline to ensure fairness. Pushing the overall
timeline an additional 14 days would extend the overall timeline leading up to a potential appeal hearing and
aggravate already challenging scheduling issues.
V. Section 2-56. – Council decision on appeal.
• This is being proposed as a new Section related to Council decisions on appeal.
o Subsection (d) adds a procedure for Council to amend adopted resolutions in order to clarify or correct
the language or to modify a decision to resolve a legal dispute or comply with applicable law.
In order to make a change to an adopted resolution, the proposed change requires notice to be sent to
the appellant, applicant, and persons who appeared at the appeal hearing and such persons may
comment on the proposed change at the time Council considers it.
Attachment 2 provides more detail on all changes being recommended.
CITY FINANCIAL IMPACTS
None.
BOARD AND COMMISSION RECOMMENDATION
Staff presented to the Planning and Zoning Board on February 21, 2019 and was instructed to collect public
feedback on the proposed changes and then bring the item back to the Board for consideration. Staff did as
requested and presented the proposed changes, together with the results of the public outreach, to the Board
on November 21, 2019. At that hearing, the Board recommended that City Council approve the proposed appeal
code amendments with the following modifications:
• Change the deadline for a site visit request from 10 days to 14 days;
• Change the deadline for the appellant to submit new evidence from 21 days after the final decision to 28
days after the final decision with the intent that this pushes the entire timeline out 7 days; and
• Remove the changes included in Paragraph 2-52(b) pertaining to default consolidation of appeals.
An excerpt from the February 21, 2019 meeting is attached (Attachment 3), as well as a transcript of the
November 21, 2019 meeting. (Attachment 4)
PUBLIC OUTREACH
Staff conducted four public outreach sessions. The first session invited applicants who had been involved in the
appeals process in the last three years. The second invited appellants who had been involved in the appeals
process in the last three years. The remaining two sessions were open to the general public. Summary notes
from all meetings are attached (Attachments 5-8).
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Agenda Item 20
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ATTACHMENTS
1. Appeal Process Timelines (PDF)
2. Proposed Changes to the City Council Appeals Procedure (PDF)
3. Planning and Zoning Board minutes, February 19, 2019 (PDF)
4. Planning and Zoning Board Verbatim Transcript, November 21, 2019 (PDF)
5. Public Outreach-Focus Group, June 5, 2019 (PDF)
6. Public Outreach-Focus Group, June 6, 2019 (PDF)
7. Public Outreach, June 12, 2019 (PDF)
8. Public Outreach, July 22, 2019 (PDF)
9. Powerpoint presentation (PDF)
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ORDINANCE NO. 020, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING CHAPTER 2, ARTICLE II, DIVISION 3
OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO
PROCEDURES FOR APPEALS TO THE CITY COUNCIL
WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a process
whereby parties directly affected by the quasi-judicial decisions of City boards and commissions
and certain other City decision makers may be appealed to the City Council; and
WHEREAS, the City Council has periodically amended these provisions of the Code; and
WHEREAS, several procedural issues have arisen during recent appeals that have
prompted City staff to further review the appeal process, and to confer with affected members of
the public about additional amendments that will eliminate ambiguities in certain provisions, add
an additional ground for appeal, clarify the circumstances under which new evidence may be
considered by the City Council during appeal hearings, and make certain other procedural changes
that staff believes will enhance the fairness and efficiency of appeal hearings; and
WHEREAS, the City Council believes that such amendments are in the best interests of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins
is hereby repealed and reenacted to read as follows:
Sec. 2-46. - Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings
ascribed to them in this Section:
Appellant shall mean one or more parties-in-interest appealing from a board, commission or other
decision maker to the City Council by the filing of a notice of appeal.
Applicant shall mean the person who or organization that submitted the application to the board,
commission or other decision maker whose decision has been appealed.
Evidence shall mean any information, whether in verbal, audio, written, graphic, or other form,
presented at the hearing to support or refute a particular proposition or conclusion. Evidence shall
not include argument as to how information offered as evidence should be viewed by the City
Council.
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Final decision shall mean the action of a board, commission or other decision maker by a vote of
a majority of its members when no further rehearing is available before such board, commission
or other decision maker; provided, however, that a recommendation to the City Council from a
board, commission or other decision maker shall not be considered as a final decision of that board,
commission or other decision maker.
New evidence shall mean any evidence, relating to the proposal or application that was the subject
of final decision by a board, commission or other decision maker, that was not presented at the
hearing before such board, commission or other decision maker. New evidence does not include
modifying, highlighting, underlining, italicizing or otherwise emphasizing certain portions of
writings or graphics presented to the original decision maker as long as any modified graphic
presented to the City Council at the appeal hearing is accompanied by a reference to the location
of the original material in the record of the decision being appealed.
Party-in-interest shall mean a person who or organization that has standing to appeal the final
decision of a board, commission or other decision maker. Such standing to appeal shall be limited
to the following:
(1) The applicant;
(2) Any party holding an ownership or possessory interest in the real or personal
property that was the subject of the decision of the board, commission or other decision
maker whose action is to be appealed;
(3) Any person to whom or organization to which the City mailed notice of the hearing
of the board, commission or other decision maker;
(4) Any person who or organization that provided written comments to the appropriate
City staff for delivery to the board, commission or other decision maker prior to or at the
hearing on the matter which is to be appealed;
(5) Any person who or organization that appeared before the board, commission or
other decision maker at the hearing on the action which is to be appealed;
(6) The City Council as represented by the request of a single member of the City
Council.
Sec. 2-47. - Certain appeals to be taken to city council.
An appeal of any final decision expressly appealable to City Council under other provisions of this
Code, including the Land Use Code, shall be decided by the City Council in the manner set forth
in this Division.
Sec. 2-48. - Appeal of final decision permitted; effect of appeal; grounds for appeal.
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(a) A party-in-interest may appeal to the City Council the final decision of any board,
commission or other decision maker to which this appeal procedure applies in the manner provided
in this Division. Any action taken in reliance upon any decision of a board, commission or other
decision maker that is subject to appeal under the provisions of this Division shall be totally at the
risk of the person(s) taking such action until all appeal rights related to such decision have been
exhausted, and the City shall not be liable for any damages arising from any such action.
(b) Except for appeals by members of the City Council, the permissible grounds for appeal shall
be limited to allegations that the board, commission or other decision maker committed one (1) or
more of the following errors:
(1) Failure to properly interpret and apply relevant provisions of the Code and Charter.
(2) Failure to conduct a fair hearing in that:
a. The board, commission or other decision maker exceeded its authority or
jurisdiction as contained in the Code or Charter;
b. The board, commission or other decision maker substantially ignored its
previously established rules of procedure;
c. The board, commission or other decision maker considered evidence
relevant to its findings which was substantially false or grossly misleading;
d. The board, commission or other decision maker improperly failed to receive
all relevant evidence offered by the appellant; or
e. The board, commission or other decision maker was biased against the
appellant by reason of a conflict of interest or other close business, personal or
social relationship that interfered with the decision maker's independence of
judgment.
(c) Appeals filed by members of the City Council need not include specific grounds for appeal,
but shall include a statement of each specific question to be considered on appeal.
(1) Upon the filing of any such appeal, the director of the affected City service area
shall identify the specific Code provisions that may pertain to the specific questions raised
by such appeal and shall provide such information to the City Clerk prior to the date that
the notice of hearing on the appeal is to be mailed by the City Clerk to parties-in-interest
under § 2-52 of this Division.
(2) Said information shall then be mailed to the parties-in-interest together with the
notice of hearing.
(3) Councilmembers who file an appeal may participate in hearing such an appeal in
the same manner as they participate in hearing appeals filed by other parties-in-interest.
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Sec. 2-49. - Filing of notice of appeal; new evidence.
(a) An appeal shall be commenced by filing a notice of appeal of the final decision of a board,
commission or other decision maker to which this Division applies with the City Clerk within
fourteen (14) calendar days after the action that is the subject of the appeal.
(b) Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all
persons joining the appeal and shall include the following:
(1) The action of the board, commission or other decision maker that is the subject of
the appeal;
(2) The date of such action;
(3) The name, address, telephone number and relationship of each appellant to the
subject of the action of the board, commission or other decision maker;
(4) In all appeals except those filed by members of City Council, the grounds for the
appeal, including specific allegations of error and a summary of the facts contained in the
record on appeal which support those allegations;
(5) In the case of an appeal alleging a fair hearing issue under § 2-48(b)(2)c, d or e,
above all new evidence related to such allegations that the appellant wishes for Council to
consider at the hearing on the appeal must be submitted to the City Clerk within seven (7)
days calendar days after the deadline for filing a notice of appeal and must be clearly
marked as new evidence;
(6) In the case of an appeal filed by more than one (1) person, the name, address and
telephone number of one (1) such person who shall be authorized to receive, on behalf of
all persons joining the appeal, any notice required to be mailed by the City to the appellants
under the provisions of § 2-52 of this Division; and
(7) Any other information required by the City Clerk.
(c) No materials other than that specified in Subsection (b) above shall be included in or
attached to the notice of appeal or submitted by the appellant, except for presentation materials as
allowed in §2-55(d).
(d) The City Clerk will promptly post the notice of appeal and any attached information, and
any new evidence subsequently received pursuant to Subsections (b)(5) above or 2-55(b)(2), on
the City’s website, and such information shall be available for public inspection in the Office of
the City Clerk.
Sec. 2-50. - Fee for filing of appeal.
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In all appeals, except those filed by members of the City Council, the appellant shall be charged a
fee of one hundred dollars ($100.), to be paid to the City Clerk at the time of the filing of the notice
of appeal.
Sec. 2-51. - Record on appeal.
Any appeal to the City Council shall be an appeal on the record of the hearing before the board,
commission or other decision maker together with such additional evidence as may be admitted
by the Council for consideration as provided in this Article. The record provided to the City
Council shall include the following:
(1) All exhibits, including, without limitation, all writings, drawings, maps, charts,
graphs, photographs and other tangible items received or viewed by the board, commission
or other decision maker at the proceedings;
(2) A verbatim transcript of such proceedings before the board, commission or other
decision maker. The cost of the transcript shall be borne by the City. If a verbatim transcript
of the proceedings does not exist and cannot be produced, whether due to an equipment
malfunction or clerical error, or for any other reason, the decision that is the subject of the
appeal will be re-heard before the decision maker after notice as required by the relevant
provisions of this Code or the Land Use Code, whichever is applicable, and the appeal shall
be terminated.
(3) If available, a video recording of such proceedings before the board, commission
or other decision maker. The cost of reproducing any such video recording for review by
the City Council shall be borne by the City. Additional copies shall be provided to any
party-in-interest requesting the same within a reasonable period of time prior to the date
for hearing the appeal, at a cost not to exceed the actual reproduction costs incurred by the
City.
(4) A copy of notice of the hearing on the decision appealed, along with a list of those
to whom such notice was mailed.
Sec. 2-52. - Scheduling of the hearing/no ex parte contacts.
(a) In the event of an appeal, the City Clerk shall schedule the hearing on the appeal for a date
as early as reasonably practicable but no fewer than twenty-eight (28) days and no more than
seventy seven (77) calendar days after the deadline for filing of the notice of appeal. Prior to
scheduling the hearing, the Clerk shall provide the appellant and applicant with a possible hearing
date, or dates, to determine if unavoidable conflicts that make attendance impossible at such date,
or dates, exist. The City Clerk shall mail written notice of the date, time and place of the hearing
to the appellant and all other parties-in-interest no less than twenty-one (21) calendar days prior to
the date of said hearing. Said notice shall also include a copy of the notice of appeal (excluding
attachments, which shall be available as provided in § 2-49(c)).
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(b) All appeals regarding the same decision shall be consolidated and scheduled together to be
heard in a single hearing. Council may in its discretion by majority vote at the time of the
scheduled hearing separate the hearing process for individual appeals.
(c) At any time prior to the expiration of the time for Council to hear an appeal under
Subsection (a), the City Manager may in the event of scheduling difficulties or notice defects
request that Council approve by motion or resolution the extension of the time for hearing an
appeal for a specified period.
(d) In order to afford all parties-in-interest a fair opportunity to respond to the information
upon which the City Council is to base its decision on appeal, and in order to preserve the
impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate
in hearing the appeal shall, to the extent reasonably possible, avoid communications with parties-
in-interest and members of the general public regarding the merits of the appeal prior to the hearing
on the appeal.
Sec. 2-53. - Site inspection.
(a) Councilmembers may inspect the site of an overall development plan, project development
plan or other proposal that is the subject of an appeal, either alone or with City staff present, for
the purpose of gaining a better understanding of the physical characteristics of the site and the
surrounding area.
(1) If a Councilmember wishes to schedule a site inspection with City staff present, he
or she shall, no later than fourteen (14) days after the filing of the notice of appeal, request
that the City Manager schedule such inspection.
(2) Upon receipt of such a request, the City Manager shall forthwith schedule the
inspection for a date and time when he or she believes that a majority of the
Councilmembers wishing to inspect the site will be able to attend.
(3) The City Clerk shall, no less than seven (7) days prior to the date of the site
inspection, mail notice of such inspection to the appellant and to all parties-in-interest to
whom notice of the appeal hearing was sent by the City Clerk under § 2-52 above.
(4) The appellant and all other parties-in-interest shall be entitled to attend such
scheduled inspection, along with any members of City staff whose presence is requested
by the City Manager. Failure to mail notice to any party-in-interest shall not affect the
scheduling or validity of any proceeding held or determination made under this Division.
Upon receipt of any notice returned by the U.S. Postal Service marked as undeliverable for
any reason, the City Clerk may exclude the party-in-interest to which such notice had been
mailed from any future mailings related to the appeal that was the subject of the returned
notice.
(b) Any Councilmembers conducting a site inspection under the provisions of Subsection (a)
above, either alone or with City staff present, shall, at the hearing on the appeal, state on the record
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any observations they made or conversations they had at the site which they believe may be
relevant to their determination of the appeal.
(c) Nothing in this Section shall be construed to authorize any Councilmember or other officer
or employee of the City to enter upon any parcel of real property that is not open to the public
without the permission of the owner of such property or the permission of such other person or
entity as may be lawfully in possession of the property.
Sec. 2-54. - Procedure at the hearing.
(a) At the hearing on the appeal by the City Council, the presentation of argument on the merits
of the appeal shall be made in the following order, subject to such limitations in time and scope as
may be imposed at the discretion of the Mayor:
(1) Presentation by City staff explaining the nature of the appeal or appeals and the
decision being appealed;
(2) Comments by Councilmembers who have inspected the site pursuant to Subsection
2-53(a) above;
(3) Consideration of any procedural issues identified under Subsection (c) below;
(4) Presentation of argument by the appellant and any party-in-interest in support of
the appeal;
(5) Presentation of argument by any party-in-interest who is an opponent of the appeal;
(6) Rebuttal presentation by the appellant and any party-in-interest in support of the
appeal;
(7) Rebuttal presentation by any party-in-interest who is an opponent of the appeal;
(8) Councilmember questions of City staff and parties-in-interest; and
(9) Motion, discussion and vote by the City Council.
(b) Factors to be considered in determining the period of time for the presentation of argument
on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised
in the notice of appeal, the length of the record on appeal, the potential impact that the
determination of the appeal may have on the community at large and the number of parties-in-
interest who wish to address the Council with regard to the merits of the appeal.
(c) Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in
his or her discretion, establish a separate period of time during which the Council may first
consider and the Mayor may determine, subject to override by the Council by majority vote, any
procedural issues related to the hearing of the appeal, including, but not limited to, the possible
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introduction or exclusion of certain evidence, the period of time to be allowed for presentation of
argument and rebuttal on the merits of the appeal and any concerns or objections related to the
record on appeal. The City Council may, by majority vote, separate one or more appeals of the
same decision by different appellants that have been consolidated in accordance with § 2-52(b).
(d) No person making a presentation to the City Council shall be subject to cross-examination
except that members of the City Council and the City Attorney may inquire of such person for the
purpose of eliciting information and for the purpose of clarifying information presented.
(e) In the event of multiple appeals involving the same decision of a board, commission or other
decision maker that have been consolidated in accordance with § 2-52(b), the Mayor, in his or her
discretion, may modify the procedure contained in Subsection (a) above so as to expedite the
hearing of such appeals.
Sec. 2-55. - Written materials; new evidence.
(a) The City Council shall consider an appeal based upon the record on appeal, including any
new evidence admitted for or at the appeal hearing, the relevant provisions of the Code and Charter
and any other applicable legal authorities, the grounds for appeal cited in the notice of appeal, the
arguments made by parties-in-interest at the hearing on the appeal, and the City staff report and
presentation prepared for the appeal; provided, however, that issues raised during the presentation
of argument but not raised in the notice of appeal shall not be considered by the City Council in
deciding the appeal.
(b) No new evidence shall be presented to the City Council before or during an appeal hearing,
and no new evidence shall be considered on appeal, except as follows:
(1) When offered by an appellant and submitted pursuant to § 2-49(b)(5);
(2) When offered by a party-in-interest opposed to the appeal in response to and
regarding appeal allegations under § 2-48(b)(2)c, d, or e, provided that any such new
evidence must be submitted to the City Clerk within twenty-one (21) calendar days after
the deadline for filing the related notice of appeal and the City Clerk shall not provide any
new evidence to Council submitted by any person after the time for submittal has expired;
(3) When offered by City staff or parties-in-interest in response to questions presented
by Councilmembers under Subsection 2-54(a) or (d) above; or
(4) When offered by Councilmembers after inspecting the site of the project
development plan or other proposal that is the subject of an appeal pursuant to the
provisions of § 2-53 of this Article.
(c) City staff shall prepare for Council consideration the record as described in § 2-51, together
with a staff agenda item summary and presentation materials, which shall become part of the record
of the appeal hearing. Staff shall also provide to the Council the notice of appeal and all
attachments to it, and new evidence provided to the City Clerk in accordance with subsection
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(b)(2), above. The Council will determine whether to admit for consideration each item of new
evidence offered by any party, and those materials admitted for consideration shall become part of
the record of the appeal hearing.
(d) Any party-in-interest shall submit to the City Clerk a copy of all materials, including digital
presentations, to be presented to the Council at the appeal hearing no later than noon on the day of
the appeal hearing, or 4:00 p.m. the business day prior to the appeal hearing if the Council meeting
at which the hearing will be conducted is scheduled to begin earlier than 6:00 p.m., and such
materials shall thereafter be made reasonably available by the City Clerk to any persons upon on
request. In light of the limitations on admission of new evidence, admission of any such materials
for consideration shall be subject to Council determination at the appeal hearing. Any party-in-
interest may provide a true and accurate hard copy of any such presentation for Council reference,
so long as no fewer than twenty (20) such copies are provided to the City Clerk along with the
digital presentation.
(e) Any party-in-interest who believes that new evidence has been improperly introduced into
the appeal hearing may, at any time during the hearing, interrupt the proceedings and object to the
Council's consideration of such evidence. If such an objection is made, the Mayor shall rule on the
objection, after consultation with the City Attorney if necessary, and the evidence shall either be
received and considered by the Council or disregarded by the Council in accordance with the ruling
of the Mayor; provided, however, that the Mayor's ruling on this or any other procedural issue
raised during the course of the hearing may be overridden by a majority of the Council. The failure
of a party-in-interest to make such an objection shall constitute a waiver of the same by that party-
in-interest for the purpose of any court appeal of the Council's decision.
Sec. 2-56. - Council decision on appeal.
(a) In considering an allegation that a board, commission or other decision maker failed to
properly interpret and apply the relevant provisions of the Code or Charter asserted under
Paragraph 2-48(b)(1) of this Article, the City Council shall determine how such provisions should,
in the City Council's judgment, be applied to the evidence contained in the record of the appeal
hearing.
(b) At the conclusion of such hearing, the City Council shall uphold, overturn or modify the
decision of the board, commission or other decision maker, and may impose such conditions as
the Council determines appropriate to further the purposes of or compliance with the standards
governing the decision; provided, however, that:
(1) The City Council shall instead remand the matter for rehearing if it finds that the
appellant was denied a fair hearing before the board, commission or other decision maker
for any of the reasons stated in Paragraph 2-48(b)(2) of this Article. Notwithstanding any
language to the contrary in City Code, if City Council determines that on remand the board,
commission, or decision maker will be unable to provide a fair rehearing or will be unable
to provide a rehearing because a quorum will not be available, City Council shall remand
the matter for rehearing to a qualified, alternative decision maker determined by City
Council. Additionally, City Council may remand the matter for rehearing to a qualified,
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alternative decision maker if the public confidence in the decision on remand would be
better served than remand to the original board, commission, decision maker.
(2) The City Council may also remand the matter for rehearing in order for the board,
commission or other decision maker to receive and consider additional information with
regard to any issue raised on appeal. Any such remand shall include direction from the City
Council to the board, commission or other decision maker as to the issues to be considered
at the rehearing.
(c) No later than the date of its next regular meeting, the City Council shall adopt, by
resolution, findings of fact in support of its decision. The date of passage of such resolution shall
be the date of final action of the City Council for the purpose of any subsequent judicial review of
the decision of the City Council.
(d) Subsequent to the adoption of the resolution required under Subsection (c), above, the
Council may amend said resolution at any time in order to clarify or correct it, or to modify the
decision in order to resolve a related legal dispute or to bring the decision into compliance with
federal, state or local law, including the Charter and Code of the City of Fort Collins.
(1) At least fourteen (14) days prior to consideration of any such amendments, written
notice that the Council will consider such amendments must be mailed to the last known
address of the appellant, the applicant, and any other party-in-interest who appeared at the
related appeal hearing.
(2) Persons entitled to notice of the consideration of amendments shall have an opportunity
to comment at the time of such consideration.
Introduced, considered favorably on first reading, and ordered published this 21st day of January,
A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 4th day of February, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk