HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - COUNCIL CONSIDERATION OF A MOTION TO AUTHORIZE A RAgenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY August 18, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Judy Schmidt, Legal
SUBJECT
Council Consideration of a Motion to Authorize a Remote Hearing for the 613 South Meldrum Street Appeal.
EXECUTIVE SUMMARY
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council on June
16, 2020, to allow Council to hear an appeal of a development project decision using remote technology. The
action under appeal is a Type 1 Administrative Hearing decision related to the 613 South Meldrum Street
Modifications of Standards (MOD200001). A decision was rendered on the project on July 15, 2020 by an
administrative hearing officer, and an appeal was timely filed on July 29, 2020. Per City Code, the deadline for
Council to hear this appeal is October 14, 2020.
Ordinance No. 079, 2020, authorizes Council and various boards and commissions to hear quasi-judicial items
but specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and additions of
permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted by at least five
Councilmembers, to authorize exceptions to that exclusion. In order to authorize a remote hearing for the 613
South Meldrum Street Appeal, Council must find that such hearing is pressing, requires prompt action, and that
virtual technology will provide for sufficient public participation and input. A suggested motion is provided at
the end of this Agenda Item Summary.
STAFF RECOMMENDATION
Staff recommends that Council authorization of a quasi-judicial public hearing for the 613 South Meldrum
Street Appeal using remote technology.
BACKGROUND / DISCUSSION
While Council has generally authorized the use of remote technology for Council meetings and many quasi-
judicial hearings, in-person meetings are still required for certain types of quasi-judicial items, including
appeals. A quasi-judicial hearing is considered a “remote meeting” if one or more Council, board or
commission member participates virtually. Due to the COVID-19 public health emergency, it could be many
months before all of Council is able to fully convene in-person. Ordinance No. 079, 2020 allows Council to
consider, on a case-by-case basis, exceptions to the specific exclusions for appeals, zoning/rezoning
decisions, and additions of permitted use.
EXCEPTIONS FOR REMOTE HEARINGS
Section 8 of Ordinance No. 079, 2020 allows Council to consider exceptions on a case-by-case basis, as
follows:
“Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional
Agenda Item 20
Item # 20 Page 2
types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to
proceed using remote technology, provided the Council determines that the authorized action is
pressing and requires prompt action and that the remote technology available for the proceeding will
provide sufficient public participation and input called for by the type of meeting, hearing or proceeding
or the individual matter, as applicable, in light of the specific circumstances.”
613 SOUTH MELDRUM STREET APPEAL
In considering whether hearing this appeal is pressing and requires prompt action, Council may wish to
consider the following issues:
• A Type 1 development review hearing was held on the 613 South Meldrum Street Carriage House
Modifications of Standards project on July 1, 2020 (Project Number: MOD200001). A decision of denial
was rendered by the hearing officer (Lori Strand) on July 15, 2020. The decision was appealed by the
project applicant on July 29, 2020.
• The appeal was timely filed within the 14-day timeframe following the decision, as prescribed by City Code
Chapter 2, Article II, Division 3, Section 2-49 and is ready for Council hearing.
• In normal circumstances, the City Code requires the City Clerk to schedule an appeal hearing no more
than 77 days after the filing of the appeal. Therefore, the deadline for Council to hear the appeal under
normal (non-emergency) circumstances would be October 14, 2020 (City Code Chapter 2, Article II,
Division 3, Section 2-52).
• Code Section 2-52(c) allows for the appeal to take place outside of the 77-day window in the event the City
Manager has obtained Council approval (by motion or resolution) to extend the time for hearing the appeal
due to “scheduling difficulties.”
• The appeal is currently scheduled on Council’s Planning Calendar for September 15, 2020. Due to notice
requirements and Council scheduling, this is the earliest available date to hear the appeal. The appellant is
available on this date and is comfortable with a hearing using remote technology.
• There is limited community interest in the item. The appellant is the applicant for the project, and no
members of the public testified at the Type 1 hearing.
REMOTE TECHNOLOGY CONSIDERATIONS
Staff believes that remote technology would provide a sufficient opportunity for public participation for the 613
South Meldrum Street Appeal. The Zoom technology platform currently utilized by Council accommodates
multiple options for participation, including both online and phone participation.
A hybrid meeting may also be considered, which would allow for an in-person hearing if Councilmembers are
willing and able to convene in-person. A hybrid option would allow appellants, parties of interest, and members
of the public to attend in-person if they are not comfortable with a fully remote hearing, while allowing others to
attend remotely if desired. This would require Councilmembers to be physically present in Council Chambers
to participate in the hearing.
Subsection 4.D of Ordinance No. 079, 2020 also requires that:
“Any person or applicant seeking a quasi-judicial decision from ... a City board or commission
… under the City Code or the City’s Land Use Code, shall be notified in writing or by email of
the intention to conduct a Quasi-Judicial Hearing using Remote technology . Such person or
applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time
as the Hearing can be conducted in person. Any person or applicant proceeding with and
participating in a Quasi-Judicial Hearing using Remote technology shall be deemed to have
consent to such method of providing the Quasi-Judicial Hearing.”
Staff has confirmed with the appellant that he is supportive of utilizing remote technology to allow the appeal to
be heard by Council as quickly as possible.
Agenda Item 20
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PROPOSED MOTION
If Council wishes to authorize the remote hearing of the 613 South Meldrum Street Appeal, the following
motion is provided:
“I move that City Council authorize holding the quasi-judicial hearing for the 613 South Meldrum Street
Appeal to Council using remote technology, finding that the hearing of this appeal is pressing and requires
prompt action because an appeal was timely filed and is ready for a Council hearing within the timeframes
established by City Code and that the remote technology available for the hearing will provide sufficient
public participation and input at such hearing.”
ATTACHMENTS
1. PowerPoint Presentation (PDF)
1
Authorization of Remote Hearing for 613 S Meldrum St Appeal
Rebecca Everette, Development Review Manager
08-18-20
ATTACHMENT 1
Consideration of Exception to
Remote Hearings Ordinance
Consider authorization of a remote Council hearing for the 613 South
Meldrum Street Carriage House Modifications of Standards
(MOD200001) Appeal:
• Type 1 Hearing: July 1
• Hearing Officer Decision: July 15
• Appeal Filed: July 29
• Deadline to Hear Appeal: October 14
2
Appeal currently scheduled for September 15 Council Meeting
Ordinance No. 079, 2020
(adopted June 16)
Authorizes use of remote technologies for:
• City Council and board and commission meetings for both pressing and
routine items;
• Neighborhood meetings under the Land Use Code; and
• Quasi-judicial hearings, excluding:
o appeals of decisions of all types,
o initial zoning and rezoning decisions, and
o additions of permitted use applications (APUs).
3
Ordinance No. 079, 2020
(adopted June 16)
Ordinance No. 079, Section 8:
The Council may, by the affirmative vote of five members on a motion,
authorize additional types of meetings, hearings or proceedings, or
individual matters otherwise not allowed hereunder, to proceed using
Remote Technology, provided the Council determines that the authorized
action is pressing and requires prompt action and that the Remote
Technology available for the proceeding will provide sufficient public
participation and input called for by the type of meeting, hearing or
proceeding or the individual matter, as applicable, in light of the specific
circumstances.
4
Staff Recommendation
• Staff believes that remote technology would provide a sufficient opportunity
for public participation for this appeal
• The appellant (applicant) supports a remote hearing
• Staff also supports a hybrid option as an alternative
5
Staff recommends approval of the request to authorize a remote hearing
for the 613 South Meldrum Street Appeal