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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and the April 14, 2020 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 7, 2020 Regular Council meeting and the April 14, 2020, Adjourned Council meeting. ATTACHMENTS 1. April 7, 2020 (PDF) 2. April 14, 2020 (PDF) City of Fort Collins Page 449 April 7, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • CALL MEETING TO ORDER Mayor Troxell outlined the remoted participation procedures and highlighted the Fair Housing Month Proclamation. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there is an updated version of the Resolution for Item No. 15, Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local Covid-19 Emergency Between March 31 and April 5, 2020. • PUBLIC COMMENT Rory Heath opposed allowing Council the ability to make decisions that are not related to life and death matters during the pandemic. Every moment spent on non-essential decisions is a moment that could be spent developing life-saving ideas. Kevin Cross discussed a petition he sent to Council asking that Council direct City staff to include Broadcom's greenhouse gas emissions directly in the City's greenhouse gas inventory. He read the text of the petition and provided a reminder of the City's declaration of a climate emergency. Mary Grant discussed the use of WebEx for the virtual Council meetings and stated the technology is not properly allowing citizens to be heard. She opposed the use of virtual meetings for the consideration of non-emergency items. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and discussed the essential nature of City operations. He noted there are a number of ways in which City leaders can be contacted, including by email and cell phone. Councilmember Cunniff agreed Council needs to provide direction to staff related to Mr. Cross' comments regarding Broadcom's greenhouse gas emissions; however, he stated he would withhold any requests to do so until in-person meetings can occur. April 7, 2020 City of Fort Collins Page 450 Mayor Pro Tem Stephens discussed Mr. Heath's implication that Council is allowing people to die by performing its meetings. She opposed the use of that type of hyperbole, stating it does nothing to further civil dialogue in the community. City Manager Atteberry discussed the ways in which an item can be placed on a Council agenda and stated the Leadership Planning Team and Council are very sensitive to the prioritization of agenda items during this emergency. Councilmember Cunniff requested the City Manager provide a memo summarizing those criteria with respect to the various items it is recommended Council consider. • CONSENT CALENDAR Rory Heath withdrew Item No. 12, Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water Program, from the Consent Agenda. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 1. Consideration and Approval of the Minutes of the February 25, 2020 Adjourned Council Meeting, the March 3 and March 17, 2020 Regular Council Meetings and the March 20, 2020 Special Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 25, 2020 Adjourned Council meeting, the March 3 and March 17, 2020 Regular Council meetings, and the March 20, 2020 Special Council meeting. 2. Second Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray Market Marijuana Grant Revenue in the General Fund for Police Services. (Adopted) This Ordinance, unanimously adopted on First Reading on March 3, 2020, appropriates unanticipated grant revenue in the amount of $345,227 from the Colorado Department of Local Affairs in the General Fund to support investigation and prosecution of black-market marijuana activity. 3. Second Reading of Ordinance No. 043, 2020, Adopting Revisions to the Master Street Plan. (Adopted) This Ordinance, unanimously adopted on First Reading on March 3, 2020, amends the Master Street Plan. The Master Street Plan (MSP) map serves as the official source for identification of street alignments and classifications for the City. The map shows both existing and future street locations. Updates to the map are done either through a request from a developer proposal or City initiated, based on changing plans, functions or information. The requests are City-initiated, and include amendments to the street system, add potential roundabout locations to the map, and update the potential railroad grade-separated crossing locations. These requested changes are in addition to the changes approved on January 14, 2020, for Montava. April 7, 2020 City of Fort Collins Page 451 4. Items Relating to the 15-year Capital for the 2020 Epic Homes Loan Program. (Adopted) A. Second Reading of Ordinance No. 047, 2020, Making a Supplemental Appropriation from the Light & Power Fund to be Expended as Loans to Utility Services Customers Under the Epic Loan Program. B. Second Reading of Ordinance No. 048, 2020, Making a Supplemental Appropriation from Unappropriated Prior Year Reserves in the Light & Power Fund to Make Debt Service Payments Under the Vectra Bank Line of Credit for the Epic Loan Program. These Ordinances, unanimously adopted on First Reading on March 20, 2020, appropriate funds for the Epic Loan Program in 2020 for 15-year loan issuance to Fort Collins Utilities electric customers, and anticipated debt service to third-party capital providers. The Epic Loan Program is part of the Epic Homes comprehensive portfolio for single-family home performance for both owner- and renter- occupied homes. These appropriations will cover 15-year loan agreements adopted on First Reading on March 20 by the Electric Utility Enterprise Board and considered on April 7 for Second Reading and are necessary to formally authorize the disbursement of funds for customer loans. For future years, staff will include loan issuance and debt service as part of the biennial Budgeting for Outcomes process. Contingent upon authorization of the 15-year loan agreements by the Enterprise Board, the 2020 appropriation for 15-year loan issuance is $1,600,000 and the appropriation for debt service is $100,000. 5. First Reading of Ordinance No. 045, 2020, Appropriating Unanticipated Philanthropic Revenue from New Belgium Brewing in the General Fund and Transferring it to the Capital Projects Fund for the Poudre River Reach 4 Feasibility Study. (Adopted) The purpose of this item is to appropriate $10,000 in philanthropic revenue in the General Fund for transfer to the Capital Projects Fund for the Reach 4 Feasibility Study by Park Planning & Development. The intent of the charitable gift, secured and facilitated by City Give, is designated by the donor, New Belgium Brewing, in support of the Reach 4 Feasibility Study. The Reach 4 efforts focus on the feasibility of completing the improvements as called out in the Poudre River Downtown Master Plan. The Plan includes a conceptual site plan and cost estimate for Reach 4, located between the Whitewater Park and Linden Street. Reach 4 is particularly sensitive, as it is a former Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site. The study will help determine if/how the concept site plan and cost estimate provided in the Master Plan should be adjusted, based on a more robust analysis of the site conditions and preferred outcomes. These efforts will help inform a design and construction offer in the upcoming BFO process. 6. First Reading of Ordinance No. 046, 2020, Appropriating Unanticipated Philanthropic Revenue from Veterans Plaza of Northern Colorado in the General Fund and Transferring it to the Capital Projects Fund for the Veterans Plaza Improvement Project. (Adopted) The purpose of this item is to appropriate $10,752 in philanthropic revenue in the General Fund for transfer to the Capital Projects Fund to be used for improvements at the Veterans Plaza in Spring Canyon Community Park. The charitable gift, facilitated by City Give, was made by Veterans Plaza of Northern Colorado. The charitable funding will underwrite the costs of improvements to construct a new sidewalk from the parking area to Veterans Plaza and provide other site improvements. 7. First Reading of Ordinance No. 051, 2020, Authorizing the Sale of Real Property Located Adjacent to the Utilities Service Center at 700 Wood Street. (Adopted) The purpose of this item is to authorize the sale of City-owned real property located at approximately 525 North Whitcomb Street, adjacent to the City’s Utilities Services Center located at 700 Wood Street. The property is a small offsetting portion of the Utility Service Center development and consists of April 7, 2020 City of Fort Collins Page 452 1,680 square feet. The buyers are the owners of real property at 525 North Whitcomb Street. The sale price is $6,720 and the proceeds will be placed in the Light and Power Fund. 8. First Reading of Ordinance No. 052, 2020, Authorizing the Conveyance of a Permanent Sanitary Sewer Line Easement and a Temporary Construction Easement on Soaring Vista Natural Area to South Fort Collins Sanitation District. (Adopted) The purpose of this item is to authorize the conveyance of a permanent sanitary sewer line easement and a temporary construction easement to South Fort Collins Sanitation District (SFCSD) on behalf of Interstate Land Holdings, LLC (ILH) on Soaring Vista Natural Area. The proposed easement area aligns with an existing sewer line easement held by South Fort Collins Sanitation District on the west side of the natural area. 9. First Reading of Ordinance No. 055, 2020, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $753,709, of which $441,944 is proposed for 2020 Cultural Development and Programming Activities (Fort Fund), $48,198 is proposed for 2020 Tourism Programming (Fort Fund), and $263,567 is proposed for 2020 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2019 was $376,406 above projected collections. 10. First Reading of Ordinance No. 056, 2020, Making Supplemental Appropriations and a Transfer from the Light & Power Fund to be Expended in Support of the Epic Homes Program. (Adopted) The purpose of this item is to appropriate $118,135 in grant funds from Bloomberg Philanthropies and interest earned on previous grant funds, as part of the Bloomberg Mayor’s Challenge, from the Fort Collins Utilities Light and Power Fund to be expended for the ongoing project management and operations of Epic Homes Program by Utility Services and the Economic Health Office (EHO) and to pay a sub-grant to Colorado State University for indoor environmental quality research. The funds paid to the EHO will be accomplished by a transfer from the Light and Power Fund. The Bloomberg Philanthropies funds come from (1) the 2020 grant installment of $112,000 and (2) $6,135 in interest earned on advanced Bloomberg Philanthropies funds as of December 31, 2019. Based on terms of the Bloomberg grant agreement, all advanced grant funds are subject to accruing interest, with such interest earned being reported on a semi-annual basis, and with such earnings used to further project goals as demonstrated in the agreement among Bloomberg and the City. The City Manager recommends these appropriations and has determined that the funds for them are available and previously unappropriated from the Light and Power Fund and will not cause the total amount appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during this year. In addition, the City Manager recommends the transfer of the $14,956 from the Light and Power Fund to the General Fund to be expended to cover the EHO’s costs in managing and operating the Epic Homes Program and determined that the purpose for which the funds are to be expended remains unchanged, which purpose is to support the Epic Homes Program. April 7, 2020 City of Fort Collins Page 453 11. First Reading of Ordinance No. 057, 2020, Amending Section 2-568 of the Code of the City of Fort Collins to Clarify Ethical Rules of Conduct to Address Employee Housing and Purchases from the City. (Adopted) The purpose of this item is to propose a Code change to clarify that the City Charter’s prohibition on City employees purchasing property from the City was not intended to prevent employees from compensating the City for the value of housing that they are required to live in as a condition of employment. This would confirm Council’s expectations related to this issue and to clarify how these kinds of housing arrangements relate to the Charter requirement. 12. Resolution 2020-034 Supporting the Grant Application for a Special Opportunity Open Space Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Laramie Foothills Conservation Project. (Adopted) The purpose of this item is to adopt a resolution supporting the Laramie Foothills Conservation Project and the City and County’s related grant application to the State Board of the Great Outdoors Colorado Trust Fund (GOCO). GOCO is requesting the resolution from grant applicants to ensure that the applicants are willing and able to financially participate if the grant is awarded. 13. Resolution 2020-035 Amending the Schedule and Process Adopted in Resolution 2020-027 Regarding the Recruitment and Selection of a Chief Judge. (Adopted) The purpose of this item is to review and consider the Council Committee’s recommended amendments to the previously adopted plan and target schedule for the recruitment and selection of a Chief Judge. 14. Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local Covid-19 Emergency Between March 31 and April 2, 2020. (Adopted) The purpose of this item is to approve emergency rules and regulations enacted by the City Manager between March 31 and April 2, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that the emergency rules and regulations must be confirmed at the earliest practical time by the City Council. This Resolution seeks Council’s approval and ratification of the emergency measures. • END CONSENT • STAFF REPORTS A. COVID-19 Update. (staff: Jim Byrne) Jim Byrne, Director of Emergency Preparedness and Security, discussed the extension of the state's stay-at-home order through April 26 and the Governor's suggestion that people wear masks when outside of the home. Staff has worked with the County Health Department to provide guidance for the City's workforce regarding the wearing of masks. A group has begun sewing masks at the Senior Center with donated materials. Byrne stated the definition of essential businesses is driven by the Larimer County Health Department, not the City. He noted City departments continue to manage their own daily operations and managers and staff are being encouraged to be creative in providing community services at the highest possible level. April 7, 2020 City of Fort Collins Page 454 Byrne discussed the challenges of the utilization of the Northside Atzlan Center as a shelter. There will be a management model change this week wherein the City staff will have more involvement in day-to-day operations. Byrne asked the community to be patient with City staff and stated staff will be introducing a tool to City leadership to allow departments to adjust up and down the response scale and will help managers see where their personnel and resources are depending on that response. Mayor Troxell commended the work of City staff in the community. Councilmember Pignataro thanked City staff for their work and requested additional information as to guidance related to wearing masks, noting the recommendation seems to be that they are not necessary for neighborhood walks, but are more necessary for trips to the grocery store. Byrne replied that is consistent with the County Health Department recommendations and a good rule of thumb may be to do what would make a neighbor comfortable. Councilmember Pignataro asked about the guidelines for masks for restaurant employees. Byrne replied they may provide some reassurance to customers; however, there can be some health drawbacks to wearing a mask all day, especially in an environment where there is some exertion. He will get a more thorough response from the County Health Department. City Manager Atteberry stated he has asked Tom Gonzales, Larimer County Health Department Director, about the requirements for those preparing food. Mayor Troxell and City Manager Atteberry discussed the fcgov.com/coronavirus website and its resources. Police Chief Jeff Swoboda expressed appreciation for the cooperation of citizens in this time and noted minor reports can be made online. Councilmember Cunniff thanked Police Services employees and asked if officers would be able to assist with enforcing stay-at-home orders if needed. Chief Swoboda replied Police Services is in constant communication with the County Health Department to determine whether there are any needs. Beth Sowder, Director of Social Sustainability, thanked the community partners that have come together to help support homeless individuals. The use agreement for the Northside Atzlan Center shelter is being continued and additional facilities for isolation and quarantine for symptomatic individuals are being examined. Mayor Troxell discussed the importance of the use of the Atzlan Center. Mayor Pro Tem Stephens thanked Sowder for her work. She asked if there is still need for people to volunteer for the Adopt-a-Neighbor program. Sue Schaffer replied the program has been very successful and there are currently around 280 volunteers that have signed up, been background checked and trained, and about 40 people have asked for assistance and have been paired with volunteers. Efforts now are around outreach to communities looking for help. Councilmember Pignataro asked what type of assistance is offered through the program. Schaffer replied basic services such as grocery shopping and picking up prescriptions are offered, as well April 7, 2020 City of Fort Collins Page 455 as dog walking. The main purpose is to help people with immediate needs. There are also efforts to ensure money is not an issue for people needing food. Mayor Troxell noted a number of resources are available through the United Way of Larimer County and requested a follow-up memo on that topic. SeonAh Kendall, Senior Economic Manager, stated the first small business telephone town hall was held yesterday and the second will be held Thursday, April 9 at 10:00 a.m. She noted the meetings are simulcast in Spanish as well. A one-stop shop focusing on different funding mechanisms is being set up with the Fort Collins Area Chamber of Commerce, Larimer County, the Small Business Development Center, and Weld County. Kendall noted there is a 60-day sales tax deferment in place for qualified businesses submitting sales tax of $2,000 or less. She noted businesses do need to contact the Sales Tax Department to coordinate the deferment. B. Census 2020. (staff: Honore Depew) Honore Depew, Senior Project Manager, stated the census is a constitutionally mandated count of every person living in the United States and has occurred every ten years since 1790. He noted the census can be completed on-line, via mail, or via phone and the process is easy and protected. He also noted there is no citizenship question. Depew stated the census helps distribute trillions of dollars of federal funds every year to help fund things like roads, hospitals, schools, and other public needs. The count also determines political representation. Depew outlined adjustments being made to the census process in light of the COVID-19 outbreak but noted self-reporting is the number one preferred method of response and the deadline has been pushed to August 14. If households have not responded by about May 7, census takers will begin follow-up efforts; however, they will not begin walking through the community until at least the end of May. Depew outlined what the City has been doing to raise awareness about the census and stated about half of Fort Collins households have already completed the census with most responses being provided online. Mayor Troxell asked about the guidance for university students completing the census, particularly given that most have returned home. Depew replied the official date for the census was April 1, 2020; therefore, students who live off campus and have returned home may be counted in a different community. The blocks of students that are counted in student housing should still remain counted as part of Fort Collins. • COUNCILMEMBER REPORTS Mayor Pro Tem Stephens reported on her regular communication with the Poudre Fire Authority Chief regarding the pandemic and stated she is confident fire fighters are doing what they need to be doing to keep themselves and the community safe. She also reported Fort Collins is the recipient of some of the multi-modal option funds from the North Front Range Metropolitan Planning April 7, 2020 City of Fort Collins Page 456 Organization. The funds will go toward Laporte Avenue improvements, the Power Trail grade- separated crossing, the West Elizabeth Corridor design project, and Transfort bus procurement. Councilmember Gutowsky commented on the census, masks, and physical distancing. She also commented on the decrease in air pollution. Mayor Troxell commented on biweekly meetings with the Larimer County Public Health Director, Tom Gonzales, weekly meetings with Representative Joe Neguse and meetings with Senators Gardner and Bennet. He also discussed meetings with area Mayors regarding community impacts. Mayor Troxell thanked the Councilmembers and City staff for their work. • DISCUSSION ITEMS 15. Postponement of Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines to May 19, 2020. (Postponed to May 19, 2020) Staff requests this item be postponed to May 19, 2020 in order to prioritize Council agenda items and in light of the public participation expected for this item. This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area located west of I-25. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone consideration of the Second Reading of Ordinance No. 044, 2020 to May 19, 2020. Mayor Troxell noted the postponement is to allow for more robust public input. RESULT: POSTPONED TO MAY 19, 2020 [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 16. Resolution 2020-028 Adopting the 2020 Strategic Plan. (Adopted) The purpose of this item is to formally adopt the 2020 strategic plan, consistent with City Council feedback at the February 25, 2020 work session. The adopted plan will guide the 2021 and 2022 Budgeting For Outcomes process. City Manager Atteberry stated the Strategic Plan sets the tone and drives the next 5-year planning process for the City. Tyler Marr, Deputy Internal and Employee Services Director, noted the Strategic Plan is still a keystone document regarding how things are approached moving forward. He discussed the robust community outreach process that was completed in the fall that resulted in the final Plan which is sorted by outcome areas. Within each outcome area are strategic objectives and attached metrics to show how progress will be tracked. April 7, 2020 City of Fort Collins Page 457 Marr discussed the new focus of resilience both during the pandemic crisis and in recovery after. He noted the strategic objectives will remain a key guiding force in staff funding recommendations for the upcoming altered budgeting process. Councilmember Cunniff thanked staff for its work and stated this item is urgent and necessary because of the implications for the upcoming budget cycle. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Resolution 2020-028. Mayor Pro Tem Stephens thanked Councilmember Cunniff for his comments and noted the Strategic Plan is important for future planning for the community, including the budget. She highlighted the importance of equity and inclusion, particularly during the pandemic. Mayor Troxell noted the Plan is an important guiding document for the budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 17. Public Hearing and First Reading of Ordinance No. 053, 2020, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt a Water Shortage Action Plan (Previously Known as the Water Supply Shortage Response Plan) and Making Various Related Changes. (Adopted on First Reading) The purpose of this item is to adopt into City Code by reference an updated Water Supply Shortage Response Plan (WSSRP) for Fort Collins Utilities. The updated plan and updates to City Code Section 26-167(a) include: changing the name to the Water Shortage Action Plan (WSAP); adding new sections to the Plan; changes and additions to various restrictions; changes to the structure of the water restriction levels; and changes to the water rate increases during declared water shortages. Mariel Miller, Utilities Senior Operations Specialist, stated the existing water supply shortage response plan has been under review for about a year and a half. She defined a water shortage as the lack of projected supply to meet projected demand, which is often caused by draught but can also be caused by water quality or infrastructure issues. The plan has been in place in Fort Collins since 2002. Miller stated the objective of the review and update is to bring awareness to the community, to identify changes that better the plan, to ultimately be more prepared for the next water shortage, and to improve resiliency. She outlined the public engagement and outreach process that contributed to the plan and stated the current approach to demand management while facing a shortage aligns well with the community's priorities and values; however, some areas needing improvement were identified. Miller discussed rate increases that may be associated with various scenarios. Councilmember Cunniff commended the consideration of moving away from base rate increases to volumetric only which will help people manage their bills as closely as possible to the base rate. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 053, 2020, on First Reading. April 7, 2020 City of Fort Collins Page 458 Mayor Troxell commended the plan and the volumetric rate proposal. Councilmember Cunniff stated this item is urgent as summer is approaching and is the season wherein a fully executed water demand management plan may be needed. Councilmember Gutowsky asked if this has any alignment with the Halligan Reservoir project. Miller replied there is no direct alignment; however, more available storage goes into the supply equation. RESULT: ORDINANCE NO. 053, 2020, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Secretary's Note: The Council took a brief recess at this point in the meeting.) 18. Items Relating to Electric Assisted Bicycles on Paved Trails. (Adopted on First Reading) A. First Reading of Ordinance No. 058, 2020, Amending Chapter 23 of the Code of the City of Fort Collins to Allow and Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails. B. First Reading of Ordinance No. 059, 2020, Amending the Fort Collins Traffic Code to Allow and Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails. The purpose of this item is to present two ordinances for Council consideration to update Fort Collins City and Traffic Code to allow Class 1 and Class 2 e-bikes on City-paved trails. In April 2019, Fort Collins City Council approved a one-year pilot program to allow Class 1 and Class 2 e-bikes on paved trails in Fort Collins. This one-year pilot program began May 1, 2019 and will end April 30, 2020. Data and public input were collected during the pilot program, and staff has found no major issues associated with allowing e-bikes on paved trails at this time. Research and the pilot program indicate e-bikes provide mobility, sustainability, and health benefits, and can help achieve Fort Collins’ Climate Action and transportation goals. In conjunction with the recommendation to continue allowing Class 1 and Class 2 e-bikes on paved trails, staff is also recommending strategies to ensure Fort Collins’ trail system remains a positive and safe experience for all users as use increases, and to address concerns raised during the pilot program. Key takeaways from the pilot program include: • The pilot program did not result in any major safety incidents associated with allowing e-bikes on paved trails. • Public feedback and input from City Boards and Commissions indicated more support for allowing e-bikes on paved trails than opposition, particularly Class 1 e-bikes. • Bicyclist speed observations showed an average bicycle speed of just under 12 miles per hour (total of 1,157 bikes observed). Only 16 e-bikes were observed during the speed assessments with an average speed of 15.63 mph. • E-bike use is increasing though it remains a relatively small percentage of users on the trails today. Trail count data from September showed 1.2% of bicyclists using e-bikes. • Most E-bike owners reported bicycling more and replacing car trips with their e-bike. April 7, 2020 City of Fort Collins Page 459 City Manager Atteberry stated this item is on the agenda as it has been discussed at length and has been through the public vetting process with boards and commissions. Additionally, it is the end of a pilot period. Tessa Greegor, FC Bikes Program Manager, stated this item allows the City to determine its E- bike regulations prior to the expiration of the one-year pilot program ordinance at the end of April. Staff recommends allowing E-bikes on paved trails based on the results of the pilot program. E- bikes provide a healthy and sustainable mobility solution for the community that can move the City closer to its climate action and transportation goals. Greegor detailed the two proposed ordinances and defined the E-bike classifications that would be allowed. She discussed the pilot program noting it was supported by multiple City boards. Data and feedback on safety, trail experience, and overall perspectives on allowing E-bikes on trails was collected through trail and online surveys as well as through observations and feedback from partner departments. There was clear support for allowing class 1 E-bikes on paved trails across all surveys with the level of support slightly lower for class 2 E-bikes. Greegor noted E-bike use remains a very small percentage of trail use, with just over 1% of cyclists on E-bikes as estimated by trail counts. Staff has provided an alternative path for consideration to just allow class 1 E-bikes on paved trails given the different opinions and levels of support. She outlined plans for the future to limit concerns related to E-bike use on paved trails. Councilmember Cunniff asked about speed enforcement options. Greegor replied one of the challenges with enforcement relates to the capacity to enforce among the ranger staff. The recommended approach has been to focus on education through FC Moves, Natural Areas, and the Parks Department to address some of the behaviors among trail users. John Stokes, Community Services Deputy Director, echoed Greegor's comments stating the focus is on education and outreach and an “authority of the resource” approach to enforcement. He noted many mountain bikers, for example, do a great deal of self-policing. Councilmember Cunniff noted there is also the potential for non-electric assist bikes to have speeding issues and he is skeptical there is not a speed problem that may need to be addressed with enforcement. He requested some options along those lines at some point. City Manager Atteberry replied that issue could be addressed as part of the budget process. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 058, 2020, on First Reading. Councilmember Cunniff stated he remains concerned about this issue and the timeline with the end of the pilot project is a reasonable explanation of why this is being considered. He noted three boards recommended only class 1 E-bikes. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to amend the Ordinance to allow only class 1 E-bikes on the City's paved trails. Councilmember Cunniff stated his motion comes from data indicating E-bikes are significantly faster and that pedal-assist bikes are less likely to get to the higher speeds. April 7, 2020 City of Fort Collins Page 460 Councilmember Pignataro requested staff input regarding the classes of E-bikes. Greegor replied there are a couple popular class 2 E-bikes; however, they are not typically parsed out by class when sold. Anecdotally, around 60% of E-bikes sold in the U.S. are class 1. Councilmember Pignataro stated she would not support the amendment at this time given the staff information. Councilmember Summers agreed with Councilmember Pignataro noting just over 1% of riders are currently riding E-bikes and regular bikes can go well over 20 miles per hour. Monitoring, evaluation, and education will be key and commended the staff efforts to that end. Generally, users of E-bikes are those who physically need the assistance. Councilmember Cunniff assked if people can self-certify they need electric assisted devices with respect to use on the trails. Greegor replied in the affirmative. Councilmember Cunniff stated people who feel they cannot be on trails without an assisted device already have the right to use an assisted device. Councilmember Gutowsky asked if there is a maximum speed limit on trails. Greegor replied there is a courtesy speed limit of 15 miles per hour; however, it is not enforceable. Councilmember Gutowsky asked if class 2 E-bikes can exceed 20 miles per hour. Greegor replied both class 1 and class 2 E-bikes have top speeds of 20 miles per hour in terms of what the assist will provide. She noted speed snapshots showed about a 12 mile per hour average on trails. Councilmember Gutowsky asked about the reasoning certain boards recommended only class 1. Greegor replied some boardmembers felt the throttle on the class 2 E-bikes start a slippery slope of motorized vehicles. There was also a general perception of concern around safety and speed. Mayor Pro Tem Stephens stated there does not seem to be much of a difference between the two classes and she would like everyone to have the opportunity to enjoy the trails regardless of mobility challenges. The pilot period did not seem to result in excessive concerns and neighboring communities and the state have also allowed both classes on trails. The use of E-bikes rather than cars is obviously helpful in other climate goals. She supported the original motion allowing both classes. Councilmember Gutowsky thanked Councilmember Cunniff for bringing up the topic and extending the conversation for clarification. Mayor Troxell stated he would not support the amendment as speed concerns are related to all bicycles. He stated data does not support distinguishing between the two classes. The vote on the amendment was as follows: Yeas: Cunniff. Nays: Gutowsky, Gorgol, Summers, Stephens, Troxell and Pignataro. THE MOTION FAILED. Councilmember Cunniff stated he would not support the motion as the equity and access arguments are not that strong given the expense of E-bikes. He also expressed concern about the speed differential between E-bikes and regular bicycles. He would like to see stronger April 7, 2020 City of Fort Collins Page 461 recommendations, perhaps even with radar, for certain more dangerous trail segments and stated he would like the multi-use trails to remain so for people of all abilities. Mayor Troxell stated he would support the main motion, but also concurred with Councilmember Cunniff's safety concerns. E-bikes provide recreation and transportation options for more community members. Councilmember Gutowsky stated she would support the motion with the caveat that monitoring occur and negative behaviors are corrected. RESULT: ORDINANCE NO. 058, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell NAYS: Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 059, 2020, on First Reading. Mayor Pro Tem Stephens stated it is important to pay attention to safety issues and she would like to see effective monitoring and education involving bike shops and the cycling community. Councilmember Gutowsky supported incorporating radar speed signs on the trails. Mayor Troxell noted the ultimate objective is to provide safe multi-modal transportation. RESULT: ORDINANCE NO. 059, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell NAYS: Cunniff 19. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures to Authorize Remote Participation in Meetings to Include Quasi-Judicial Hearings and Related Neighborhood Meetings and Board Meetings as Needed to Complete Essential City Business. (Postponed to April 14, 2020) The purpose of this Emergency Ordinance is to extend authority to conduct remote City Council meetings to quasi-judicial hearings by Council and to City boards and commissions and administrative hearing officers authorized to take quasi-judicial action under the City Code or the Land Use Code. It also authorizes remote neighborhood meetings in the Development Review Process. Finally, the Ordinance also addresses the use of remote participation by boards and commissions in order to complete essential City business. City Attorney Daggett reviewed the criteria for emergency ordinances, noting they are considered immediately necessary, on account of an emergency, to preserve the public property, health, peace, or safety. They require an affirmative vote of at least five Councilmembers, only require one reading rather than two, and go into effect immediately. She noted Council adopted Emergency Ordinance No. 054, 2020 on March 20 which authorized remote participation by Councilmembers April 7, 2020 City of Fort Collins Page 462 in the way Council is participating this evening; however, it excluded the use of remote meeting for quasi-judicial matters. City Attorney Daggett stated this emergency ordinance would allow not only Council, but boards and commissions and other City decision makers to consider quasi-judicial matters in a remote setting if a finding is made that meeting in person is not prudent due to conditions related to a declared local emergency. She outlined the definition of quasi-judicial matters and discussed procedural due process. City Attorney Daggett outlined additional elements included in this Ordinance that go beyond Ordinance No. 054, 2020, such as allowing neighborhood meetings to take place using remote technology, allowing board and commission meetings in certain instances that may not be quasi- judicial, and certain technology amendments. Rory Heath discussed the difficulties with remote technology and public participation stating his comments were previously misrepresented. He e was not accusing Council of being Nazis; he did not want Council to have a time at the end of this during which it felt it could have done more to save lives. The process in place does not satisfy procedural due process as if even one person is not able to give comments or speak, that is an issue. He expressed concern about comments being missed due to audio cutting out. Mary Grant expressed concern this ordinance would give Council the power to fast-track issues such as the Hughes Stadium rezoning and the Harmony Gateway development at a time when full public participation is not possible. Quasi-judicial business should be tabled until the community can participate and be heard. Council's priority needs to be keeping people safe and opposed adoption of the ordinance. Councilmember Cunniff discussed a proposed amendment and expressed concern about the wording related to quasi-judicial matters. He also expressed concern about the technology, noting people cannot object in real time, for example. He suggested striking quasi-judicial and neighborhood meeting portions and noted there has been no Council debate and no opportunity to discuss the need for this item. It does create the impression Council wants to rush items through the process. Councilmember Pignataro asked what need has come up that put this change in motion. Mayor Troxell replied this is a period of uncertainty with no guaranteed end date and land use is a fundamental function of the City government and its operations. This action would enable these and other quasi-judicial aspects of City government to function. He denied any type of fast tracking and stated the technology is working well. This item would allow for normal operations of key City functions. City Attorney Daggett stated the original emergency ordinance was prepared on a very short timeline and there was an effort at that time to get in place minimum necessary provisions to allow Council to continue functioning. She clarified this ordinance only authorizes those proceedings and does not require them. Councilmember Gutowsky discussed the definition of an emergency ordinance and stated there are equity issues in terms of who can participate in the web-based public comment. April 7, 2020 City of Fort Collins Page 463 Mayor Troxell asked Tom Leeson, Planning, Development, and Transportation Deputy Director, what types of items would normally go before the Planning and Zoning Board at this time of the year and what types of items are in the immediate pipeline. Leeson replied there are currently six items scheduled for the April Planning and Zoning Board hearing and three items scheduled for the May hearing. He expressed concern the items will begin to stack up. The Zoning Board of Appeals also has four items on the May hearing. Leeson stated development projects have historically been relatively consistent from month to month. Mayor Troxell stated the main point is to not diminish the ability for public comment and input and stated there are always issues with public participation access, whether it be web-based or in person. Councilmember Pignataro asked if there is no opportunity to spread out the Planning and Zoning Board agenda items. Leeson replied many of the projects going to hearing have been in the works for several months, and in many cases, the hearing is the last step. He also noted some projects in the queue, such as affordable housing and childcare projects, have specific funding and timing issues. Councilmember Pignataro requested additional information regarding Councilmember Cunniff's suggested amendment. Councilmember Cunniff discussed his suggested changes. Councilmember Pignataro asked how the ordinance with the changes would differ from the current emergency ordinance in place. Councilmember Cunniff replied this ordinance would retain the ability for boards and commissions to meet to consider urgent non quasi-judicial matters, for example the CDBG Commission. Councilmember Cunniff stated he would prefer staff craft a more narrowly tailored amendment for Council consideration. City Attorney Daggett stated there are quasi-judicial items considered by Council that are not appeals. Mayor Pro Tem Stephens expressed concern about the ordinance as written as the remote participation technology has yet to be perfected. She preferred a more tailored ordinance, though she acknowledged there may be some need for normal business to occur. Councilmember Cunniff suggested the item could be tabled to allow the City Attorney time to contemplate the feedback and tailor an amendment. City Attorney Daggett replied it may be beneficial for staff to develop multiple versions of an ordinance. She stated she has heard concerns specifically about appeals to Council as well as other quasi-judicial decisions. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone consideration of this item to the adjourned meeting of April 14 th , 2020. April 7, 2020 City of Fort Collins Page 464 RESULT: ORDINANCE NO. 060, 2020 POSTPONED TO APRIL 21, 2020 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water Program. (Adopted) The purpose of this item is to seek City Council approval of an amendment to an Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corps (LCCC) Water and Energy Program. The City of Fort Collins Utilities has partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. By the end of the 2019 spring season, LCCC crews assessed over 3,500 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its success, the Program is now part of Utilities Affordability Portfolio and provides a mechanism for low to moderate income customers to control home energy use and costs. Rory Heath withdrew his request to comment on this item. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2020-026. Mayor Pro Tem Stephens noted this is a good news item that aligns with a number of City goals. RESULT: RESOLUTION 2020-026 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • OTHER BUSINESS Consideration of a motion to adjourn the City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the regular City Council meeting. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn the City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the Council meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Motion to Extend the Meeting past 10:30 PM Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the Council rules to continue the meeting past 10:30 p.m. to consider any items that may come before Council. April 7, 2020 City of Fort Collins Page 465 RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Consideration of a motion to adjourn into executive session relating to broadband issues. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that City Council go into executive session to consider matters pertaining to issues of competition in providing telecommunication facilities and services including, without limitation, matters subject to negotiation, strategic plan, price, sales and marketing, development phasing and any other matter allowed under Colorado Law, as permitted under Article XX, Section 7(d) of the City Charter and Section 2-31(a)(5) of the City Code. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Council went into executive session at this point in the meeting and returned at 11:30 p.m.) Councilmember Summers asked about the possibility of changing tiered utility rates, given the number of people currently working from home. Councilmember Cunniff suggested getting some analysis of Utilities finances and noted there are some concerns about the rate changing to summer hours. Mayor Troxell agreed. Motion to Adjourn to April 14, 2020 Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adjourn to 6:00 PM on April 14, 2020. RESULT: ADOPTED [6 TO 0] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff AWAY: Gutowsky • ADJOURNMENT The meeting adjourned at 11:41 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 466 April 14, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM (Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff present: Atteberry, Daggett, Coldiron 1. Items Relating to Remote Participation in Certain Meetings. (Adopted on First Reading) A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings. Or B. First Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings. The purpose of either the Emergency Ordinance or Ordinance No. 061, is to authorize certain types of remote meetings in light of the declared local emergency. As published, both Ordinances allow remotely conducted City Council meetings and certain quasi-judicial hearings by Council, City boards and commissions and administrative hearing officers. The types of quasi-judicial items that can be considered remotely are limited and exclude zoning decisions, appeals and additions of permitted use. The Ordinances also authorize remote neighborhood meetings in the Development Review Process. Finally, the Ordinance also permits remote participation by boards and commissions in order to complete essential City business. To authorize these remote meetings and hearings, Council may choose to adopt the Emergency Ordinance, which goes into effect upon adoption, or alternatively may choose to adopt Ordinance No. 061 on First Reading, which would then be presented for consideration on Second Reading at the next Council meeting and if adopted, would be effective in May. Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority for any quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or any neighborhood meetings. City Attorney Daggett discussed the specific authority for emergency ordinances as provided in the City Charter. She outlined the previously adopted Emergency Ordinance No. 054, 2020, which has allowed for Council to meet remotely to consider non-quasi-judicial matters. City Attorney Daggett outlined the two alternate ordinances presented for Council consideration. Emergency Ordinance No. 060, 2020 would enact additional ability to have remote hearings and meetings, would allow for certain remote quasi-judicial hearings, but would not allow for remote hearings of appeals of any decisions, initial zonings or rezonings, or addition of permitted use applications. It would also allow neighborhood meetings to be conducted remotely and would allow boards and commissions to meet remotely to carry out essential City business. As with all emergency ordinances, it would only have one reading and would go into effect immediately if approved. The alternate version of the ordinance, Ordinance No. 061, 2020, would do the same April 14, 2020 City of Fort Collins Page 467 thing, but is a regular ordinance rather than an emergency ordinance; therefore, it would have two readings and would go into effect ten days after second reading, if approved. Tom Leeson, Planning, Development, and Transportation Deputy Director, stated the primary boards that would be affected by these changes would be the quasi-judicial Planning and Zoning Board, Landmark Preservation Commission, Zoning Board of Appeals, Building Review Board, and Type 1 Administrative Hearings. These boards' decisions include the approval, denial, and recommendations for most land use and development projects, historic landmark designations, variances that go before the Zoning Board of Appeals, and contractor licensing issues that go before the Building Review Board. Construction activity and associated business has been deemed an essential service under both the state and county stay-at-home orders and staff believes allowing the quasi-judicial hearings and neighborhood meetings to occur remotely will help to mitigate long-term economic impacts and maintain some predictability for development projects. There are several projects, such as affordable housing and childcare projects, for which the timing of funding is critical. Leeson outlined the items that have been excluded from the proposed ordinances, including appeals of all types, initial zoning and rezoning applications, and addition of permitted use applications. Staff feels confident all standard hearing procedures can be handled remotely and noted there are multiple options for public participation in both hearings and neighborhood meetings. Leeson outlined the agenda items that are pending before the quasi-judicial boards and summarized the two alternate ordinances. Michelle Haefele encouraged Council to adopt an option dealing with items that are only critical to this emergency. She discussed the difficulties in attending meetings virtually and she has received no responses to any of her recent emails. She noted the most marginalized community members do not even have phones to call their representatives and access to public meetings is critical to democracy. Councilmember Cunniff opposed the emergency version of the ordinance, stating items outlined therein are not necessary to protect the public property, health, peace, or safety. While land use decisions are an essential function of the City, the ordinance provides a much broader set of parameters by which some decisions can be carried out. He supported including the language related to the consideration of matters deemed pressing by the Mayor and City Manager, including for the non-quasi-judicial items. He expressed concern about the technology and stated he would like the ordinance to include safeguards related to the board or commission being able to postpone a meeting if it feels the technology is not working properly. He would also like to ensure ways of participation that are not computer-based. Mayor Troxell stated it is essential that the City continue as many processes as possible to keep City functions moving. He noted land use is a critical function of the City and stated neighborhood meetings and board and commission meetings support that critical function. The United States Supreme Court is also moving to a remote platform and all services related to construction, banking, and housing have been deemed critical, therefore requiring support from the City government. An emergency could be in place for quite some time and applicants have rights to have their items addressed through the appropriate processes. April 14, 2020 City of Fort Collins Page 468 Mayor Troxell asked when it would be deemed appropriate for an emergency ordinance to be lifted. City Attorney Daggett replied the ordinance does call for a determination that it wouldn't be prudent for Council to meet in person; therefore, even if an emergency is still in progress, there may be a point at which it is no longer a concern for Council to meet in person in Council Chambers. She also noted the ordinance is set to only be in effect while there is a local emergency declared. Mayor Pro Tem Stephens thanked Ms. Haefele for her comments and stated public comment is important to the decision-making process. There is no clear end date to this emergency and public comment may not look like it has in the past any time soon. She also noted items in the pipeline include day care centers, affordable housing, and senior housing. She supported ensuring phone access as well as web access. Councilmember Summers supported the language of the ordinance and stated ensuring technology is in place is an administrative function, not a policy function. Online participation may provide opportunities to expand public input. He commended the staff work on the ordinance. Councilmember Pignataro stated she supported Emergency Ordinance No. 054, 2020 because it did not include any quasi-judicial decisions. She would not be comfortable voting for this as an emergency ordinance at this time and expressed concern about the use of a new technology platform for the second reading of a regular ordinance. While she agreed the technology piece is administrative, she stated she does not trust that aspect as the entire platform is changing. She preferred to have a process wherein any quasi-judicial matter would go through its own process to determine whether it should be a remote discussion item. An in-person discussion cannot be replaced. Councilmember Gorgol stated she understands the concerns with quasi-judicial items; however, there are essential items that need to move forward. There are also barriers to in-person Council meetings. She supported moving forward with limited quasi-judicial items as presented in the ordinances. Councilmember Gutowsky expressed concern about the technology issues. She would be more comfortable with the regular ordinance. Mayor Troxell questioned what a fair expectation would be for applicants seeking to be heard for the excepted items such as additions of permitted use and appeals. Councilmember Cunniff stated they could be handled one at a time to determine the level of urgency. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 061, 2020, on First Reading. Mayor Pro Tem Stephens stated she was not necessarily opposed to an emergency ordinance; however, the items may not technically fall within the definition of an emergency ordinance. This will aid in moving some land use decision making forward and agreed that certain quasi-judicial matters could be heard if deemed vital. City Attorney Daggett noted there is currently a provision in the appeals section of the Code that allows the City Manager, in the event of scheduling difficulties, to request an extension of time to April 14, 2020 City of Fort Collins Page 469 hear the appeal. Additionally, a board would always have the option to postpone an item if it deemed a fair hearing could not be held. She noted the proposed ordinance is written such that the business to be considered by a board or commission is deemed essential. Mayor Troxell asked how items are identified as being essential. City Attorney Daggett replied the process requires the City Manager, or his designee, in consultation with the chair of the board or commission and the Council Liaison to the board or commission, determines that meeting in person would not be prudent and that the business to be conducted is essential. Councilmember Cunniff stated he would support the motion on First Reading but suggested the following changes for Second Reading: reconciling the Council determination and the board and commission determination for non-quasi-judicial items with the same verbiage, such as urgent, pressing, and necessary, including a reference to the fact that a board could postpone consideration of an item if it deems a fair hearing cannot be conducted, and making it mandatory that if technology is breaking down during a quasi-judicial hearing that the hearing be postponed to a date certain when the technology issues can be resolved. Mayor Troxell questioned what Council would like to communicate regarding items that are currently scheduled for appeal hearings. There is an issue of public trust and the City should function under its full land use provisions, including quasi-judicial items. Councilmember Cunniff stated he does not believe Council should hear any items prior to the effective date of the ordinance. For applications in the pipeline prior to the emergency declaration, he suggested the City Attorney draft language for individual items deemed urgent suspending the quasi-judicial rule. Mayor Troxell questioned whether that would be workable in terms of notice requirements. City Attorney Daggett replied something may need to be written into this ordinance that would recognize that mechanism as Council cannot typically override something that has been approved by ordinance with a motion. She suggested language be crafted as part of an amendment for Council to consider next week. Councilmember Summers supported the motion and encouraged using caution regarding judgements placed on whether the technology is accurate. He opposed every item coming before Council before it could proceed. Councilmember Cunniff stated he was not intending for Council to make decisions about whether a board item would be heard; he was intending for the majority of the board to decide both in the case of technology issues or items which seem to be turning into controversies. He could support an amendment, depending on the details, that lays out a set of criteria by which Council could consider hearing an appeal either as an amendment to this ordinance or as part of a subsequent ordinance. City Attorney Daggett stated staff will work on language addressing the issue. Councilmember Pignataro stated she would oppose the ordinance as so many amendments are required. Mayor Troxell stated he would support the motion and discussed the importance of creating a level of certainty for all involved. April 14, 2020 City of Fort Collins Page 470 Mayor Pro Tem Stephens discussed the importance of enabling public participation and transparent government while still figuring out how to keep the City running during an unprecedented time. Councilmember Gutowsky stated she would support the motion but is looking forward to the amendments for Second Reading. City Clerk Coldiron commented on the public feedback regarding the technology and stated more prominent instructions will be provided for the new platform. RESULT: ORDINANCE NO. 061, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff NAYS: Pignataro Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone consideration of Emergency Ordinance No. 060, 2020, indefinitely. RESULT: ORDINANCE NO. 060, 2020, POSTPONED INDEFINITELY [Unanimous] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff, Pignataro • OTHER BUSINESS Councilmember Pignataro thanked City Manager Atteberry for his memo related to which items are being considered during the emergency declaration. She assumed each agenda item will include a bulleted list of the reasons it is being heard. City Manager Atteberry replied that has been discussed and will be included on the next agenda. • ADJOURNMENT The meeting adjourned at 7:19 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk