HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/17/2020 - EMERGENCY ORDINANCE NO. 054, 2020 ENACTING TEMPORAAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY March 17, 2020
City Council
STAFF
Carrie Daggett, City Attorney
Delynn Coldiron, City Clerk
SUBJECT
Emergency Ordinance No. 054, 2020 Enacting Temporary Procedures to Authorize Remote Participation in
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to propose temporary procedures that would enable City Councilmembers to
remotely participate in meetings during the current Novel Coronavirus 2019 (COVID-19) crisis.
STAFF RECOMMENDATION
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND / DISCUSSION
The City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and
economic impact caused by the Novel Coronavirus 2019 (COVID-19) and are working collaboratively with the
Larimer County Department of Public Health and Environment, state officials, Colorado State University and
the Poudre School District to limit community spread and slow the transmission of COVID-19.
In order to undertake emergency measures to protect the life, health, safety and property of the citizens of the
City and persons conducting business therein, and in order to attempt to minimize the loss of human life and
the preservation of property, on March 13, 2020, the City Manager, as the Director of the City’s Office of
Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City
Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code.
The prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds
continue to require emergency action by the City and continued social distancing in order to reduce its
transmission. In light of the potential for Councilmembers to be isolated and unable to physically meet
together for a Council meeting in order to conduct Council business, Council desires to make provision for an
appropriate way to conduct Council business through remote participation during the pendency of the local
emergency. Article II, Section 6 of the City Charter authorizes the Council to adopt emergency ordinances,
which shall be finally passed on first reading by the affirmative vote of at least five members of the Council and
which shall contain a specific statement of the nature of the emergency.
In response to the emergency that exists, the following special provisions for City Council meetings during a
declared state of emergency, to supplement the provisions of Division 2, Article II of Chapter 2, are as follows:
1. In the event the City Council is unable to conduct its regular meeting at the day, hour, and place fixed
by § 2-28 or at a special meeting pursuant to § 2-29 because meeting in-person would not be prudent
due to a public health emergency or other unforeseen circumstances affecting the city, meetings may
Agenda Item 19
Item # 19 Page 2
be conducted by telephone, electronically, or by other means of communication so as to provide
maximum participation,
2. Meetings of the City Council or Council committees may be conducted by telephone, electronically or
by other means, and remote participation shall constitute presence and actual attendance for purposes
of establishing a quorum, so long as no quasi-judicial matters will be heard or considered, subject to
the following conditions:
a. The City Manager or the Mayor determines that the meeting in person would not be
prudent because of a public health emergency or other unforeseen circumstances
affecting the city;
b. All members of the Council participating in the meeting can see and hear one another, or,
if circumstances preclude an arrangement that would allow visual communication, hear
one another;
c. All members of the Council participating in the meeting can see, hear or read all
discussion, comment, and testimony in a manner designed to provide maximum
information sharing and participation.
d. Members of the public have equivalent access to all discussion, comment, and testimony,
and all Council votes and other dialogue, in a manner designed to provide maximum
information sharing and participation.
e. At least one member of the Council must be present at the physical meeting location,
unless not feasible due to the public health emergency or other unforeseen
circumstances;
f. All votes must be conducted by roll call;
g. All other meeting-related requirements must be met, including advance notice with an
explanation of how Councilmembers and the public may participate and stating the right of
the public to monitor the meeting, as well as the recording and preparation of meeting
minutes.
3. The City Clerk shall initiate the meeting by telephone, electronically, or through other means not more
than ten (10) minutes prior to the scheduled time of the meeting. Upon disconnection during a
meeting, the City Clerk shall make one attempt to re-initiate the connection.
Because we have been unable to publish the proposed Ordinance 48 hours prior to Council consideration, the
Ordinance will be read into the record during the March 17 Council meeting. Once adopted, the City Clerk will
publish this Ordinance in the Fort Collins Coloradoan no later than March 24, 2020.
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EMERGENCY ORDINANCE NO. 054, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ENACTING TEMPORARY PROCEDURES TO
AUTHORIZE REMOTE PARTICIPATION IN MEETINGS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
social distancing in order to reduce its transmission; and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030 extended the
City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
desires to make provision for an appropriate way to conduct Council business through remote
participation during the pendency of the local emergency; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that an emergency exists for the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to
immediately enable the City Council to use technology to remotely participate in meetings of the
City Council and its committees and by doing so allow the Council to conduct official business
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in the event of local emergency or other circumstances that might otherwise prevent the Council
from carrying out its responsibilities, now and in the future.
Section 2. That the Council hereby adopts the following special provisions for City
Council meetings during a declared state of emergency, to supplement the provisions of Division
2, Article II of Chapter 2, as follows:
1. In the event the City Council is unable to conduct its regular meeting at the day, hour, and
place fixed by § 2-28 or at a special meeting pursuant to § 2-29 because meeting in-person
would not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically, or by other means
of communication so as to provide maximum participation,
2. Meetings of the City Council or Council committees may be conducted by telephone,
electronically or by other means, and remote participation shall constitute presence and
actual attendance for purposes of establishing a quorum, so long as no quasi-judicial matters
will be heard or considered, subject to the following conditions:
a. The City Manager or the Mayor determines that the meeting in person would not
be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
b. All members of the Council participating in the meeting can see and hear one
another, or, if circumstances preclude an arrangement that would allow visual
communication, hear one another;
c. All members of the Council participating in the meeting can see, hear or read all
discussion, comment, and testimony in a manner designed to provide maximum
information sharing and participation.
d. Members of the public have equivalent access to all discussion, comment, and
testimony, and all Council votes and other dialogue, in a manner designed to
provide maximum information sharing and participation.
e. At least one member of the Council must be present at the physical meeting
location, unless not feasible due to the public health emergency or other
unforeseen circumstances;
f. All votes must be conducted by roll call;
g. All other meeting-related requirements must be met, including advance notice
with an explanation of how Councilmembers and the public may participate and
stating the right of the public to monitor the meeting, as well as the recording and
preparation of meeting minutes.
3. The City Clerk shall initiate the meeting by telephone, electronically, or through other means
not more than ten (10) minutes prior to the scheduled time of the meeting. Upon
disconnection during a meeting, the City Clerk shall make one attempt to re-initiate the
connection.
Section 3. That the City Clerk is hereby directed to cause the publication of this
Ordinance in the Fort Collins Coloradoan no later than March 24, 2020.
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Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 17th
day of March, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk