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HomeMy WebLinkAboutAgenda - Read Before Packet - 3/17/2020 - Updated City Council Summary Agenda - March 17, 2020 - And Related Agenda ItemsCity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting March 17, 2020 (amended 3/16/2020) In order to limit the number of people in City Hall and to ensure adequate social distancing, the City is strongly urging community members to access the March 17 Council meeting through remote means described below, unless participation in person is necessary. Here are the options for virtual attendance and remote public participation: Watch the Meeting: Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Public Participation: Individuals who wish to address Council via remote public participation, both during Public Comment and as part of any discussion item, can do so through WebEx at https://tinyurl.com/fccouncilmeeting3172020. The link and instructions will also be posted at www.fcgov.com/council. At the beginning of the meeting, under Consent Calendar Review, remote participants may request an item on the Consent Calendar be “pulled” off and considered separately. The meeting will be available beginning at 5:15 p.m. Tuesday. Participants should complete the registration form to be included in public participation and view further instructions. Staff will moderate the WebEx session to ensure all participants have an opportunity to address Council. Individuals who require user assistance registering or joining the WebEx event can call 970-224-6137 for support. Note: To preserve bandwidth and ensure an orderly meeting, only individuals who wish to address Council should use the WebEx link. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. City of Fort Collins Page 2 NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring the Week of March 16-22, 2020 as Fix-a-Leak Week. B. Proclamation Declaring April 1, 2020 as Census Day and Encouraging Every Resident to Participate in the 2020 Census. (Proclamation will be read in English and Spanish) Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review (Remote participation allowed - please see instructions on Page 1) This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  PUBLIC COMMENT (Remote participation allowed) City of Fort Collins Page 3 Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  PUBLIC COMMENT FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. City of Fort Collins Page 4 1. Second Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills (R-F). Staff also recommends placement into the Residential Neighborhood Sign District. 2. Second Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the first of three sequential annexations, known as the Timberline-International Annexation No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I- Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 3. Second Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the second of three sequential annexations, known as the Timberline-International Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I- Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the third of three sequential annexations, known as the Timberline-International Annexation No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I- Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 5. Second Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray Market Marijuana Grant Revenue in the General Fund for Police Services. 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. 6. Second Reading of Ordinance No. 042, 2020, Reappropriating Funds Previously Appropriated in 2019 But Not Expended or Not Encumbered in 2019. This Ordinance, unanimously adopted on First Reading on March 3, 2020, reappropriates monies in 2020 that were previously authorized by City Council for expenditures in 2019 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2019 because:  there was not sufficient time to complete bidding in 2019 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies,  the project for which the dollars were originally appropriated by Council could not be completed during 2019 and reappropriation of those dollars is necessary for completion of the project in 2020, or  the funds appropriated to be spent in 2019 to carry on some of the programs, services, and facility improvements were not spent or encumbered in 2019 for other reasons but continue to be needed for the same purposes in 2020. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2019 and reflect no change in Council policies. 7. Second Reading of Ordinance No. 043, 2020, Adopting Revisions to the Master Street Plan. 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. City of Fort Collins Page 6 8. 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. 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 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. 9. 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. 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 gift was provided by Veterans Plaza of Northern Colorado. The charitable gift will underwrite the costs of improvements to construct a new sidewalk from the parking area to Veterans Plaza and provide other site improvements. 10. Items Relating to the 15-year Capital for the 2020 Epic Homes Loan Program. A. First 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. First 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. The purpose of this item is to 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 being considered by the Electric Utility Enterprise Board on March 17 for First Reading and 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. The 15-year capital agreements were presented at the January 27, 2020 Council Finance Committee meeting. 11. Items Relating to the One Twenty Eight Racquette Drive Annexation. A. Resolution 2020-025 Setting Forth Findings of Fact and Determinations Regarding the One Twenty Eight Racquette Drive Annexation. City of Fort Collins Page 7 B. Public Hearing and First Reading of Ordinance No. 049, 2020, Annexing the Property Known as the One Twenty Eight Racquette Drive Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the 35,000 square foot property located within the Mulberry Corridor. The Initiating Resolution 2020-010 was adopted on consent, January 21, 2020. The subject property is located at 128 Racquette Drive, abuts the Fort Collins Airpark, and is approximately 375 feet west of Dry Creek, which is a tributary to the Poudre River. The proposed zoning for this annexation is Industrial (I). It should be noted that though this annexation does comply with state statute, the property currently contains a land use that has not been established/permitted within Larimer County. The City of Fort Collins Land Use Code requires the property owner or representative thereof to submit a development application within 60 days of the effective date of the annexation in order to legally establish the land use in the City of Fort Collins. 12. First Reading of Ordinance No. 050, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the One Twenty Eight Racquette Drive Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the One Twenty Eight Racquette Drive Annexation into the Industrial (I) zone district. 13. First Reading of Ordinance No. 051, 2020, Authorizing the Sale of Real Property Located Adjacent to the Utilities Service Center at 700 Wood Street. 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 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. 14. 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. 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. 15. Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water Program. 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. City of Fort Collins Page 8 16. Resolution 2020-027 Adopting the Recommendations of the Council Committee Regarding the Recruitment and Selection of a Chief Judge. The purpose of this item is to review and consider the Council Committee’s recommendations regarding the recruitment and selection of a Chief Judge. Council will consider adoption of a plan and schedule for the Chief Judge recruitment and selection process. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. COVID-19 Update – Staff: Jim Byrne, Director of Emergency Preparedness and Security; Tom Gonzales, Larimer County Public Health Director  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) Remote participation allowed ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 17. Public Hearing and Second Reading of Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Hughes Stadium Site Rezoning and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (staff: Cameron Gloss, Tom Leeson; no staff presentation; 90 min discussion) The City Manager is recommending, with support from the Mayor and Mayor Pro Tem, that the Public Hearing regarding Rezoning of the Hughes Stadium site be postponed until March 31. This postponement is in recognition of the impact of COVID-19 and knowing that this item has City of Fort Collins Page 9 previously drawn large crowds to Council meetings. The City will offer a remote participation option for the March 31 meeting and is testing those capabilities this evening in a live setting prior to using it for an item with such broad community interest. City Council will formally consider a motion to postpone this item at Tuesday’s meeting. This Ordinance, adopted on First Reading on November 5, 2019, by a vote of 4-3 (Nays: Cunniff, Gutowsky, Pignataro), rezones 164.55 acres located on the west side of Overland Trail and north of CR32, with one condition, and to place the property into the Residential Sign District. City Council initiated the rezoning on July 16, 2019 and directed City staff to prepare a rezoning application and make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T) and staff recommends placement into the Residential Foothills (RF) and Low-Density Mixed-Use Neighborhood (LMN) zone districts. A recommended condition of the rezone requires that future development in the portion zoned Residential Foothills district meet the requirements of a Cluster Plan pursuant to Land Use Code Section 4.3(E)(2). The request places the property into the Residential Sign District. The Planning and Zoning Board on a 4-2 vote recommended that City Council not adopt the staff proposed zoning and instead zone the property entirely Residential Foothills. 18. Resolution 2020-030 Extending the State of Local Emergency Declared by the City Manager. Coronavirus 2019 (COVID-19) threatens the City of Fort Collins with widespread human and economic impact. President Donald J. Trump, Governor Jared Polis and Larimer County have declared a state of emergency in response to the COVID-19 pandemic. On March 13, 2020, the City Manager, as Director of the City’s Office of Emergency Management, proclaimed a local emergency and activated the Emergency Operations Plan established by City Code. City Council is asked to approve the extension of the proclamation of local emergency until such time as the City Manager determines it is no longer necessary. 19. Emergency Ordinance No. 054, 2020 Enacting Temporary Procedures to Authorize Remote Participation in Meetings. 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. 20. Resolution 2020-028 Adopting the 2020 Strategic Plan. (staff: Tyler Marr; 5 minute staff presentation; 30 minute discussion) 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. 21. 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. ( staff: Mariel Miller, Liedel Hans: 10 minute staff presentation; 30 minute discussion) 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. 22. Resolution 2020-029 Accepting and Adopting Ethics Opinion No. 2020-01 of the Ethics Review Board Finding No Violation of State or Local Ethics Provisions by Councilmember Ken Summers. (staff: Carrie Daggett; 10 minute discussion) The purpose of this item is consideration of the opinion of the Ethics Review Board to Council for its consideration and possible approval. City of Fort Collins Page 10  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. 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. B. Consideration of a motion to adjourn into executive session relating to broadband issues. “I move 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.” C. Consideration of a motion to adjourn into executive session relating to environmental issues at the landfill. “I move that the City Council go into executive session for the purpose of meeting with the City’s Attorneys and City Management staff to discuss the following matters as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b): 1. Specific legal questions related to potential litigation regarding the environmental remediation of conditions at the Larimer County Landfill; and 2. Legal advice regarding how existing or proposed provisions of federal, state or local law affect particular policies, practices or regulations of the City related to the environmental remediation of conditions at the Larimer County Landfill. D. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 pm Tuesday, March 31, 2020. “I move that Council adjourn this regular meeting to 6:00 p.m. on Tuesday, March 31, 2020.” Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Kristin Stephens, District 4, Vice President City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV, Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Electric Utility Enterprise Board Meeting March 17, 2020 (after the Regular Council Meeting)  CALL MEETING TO ORDER 1. Items Relating to the Epic Loan Program. (staff: Blaine Dunn, Sean Carpenter; 5 minute staff presentation; 10 minute discussion) A. First Reading of Ordinance No. 009, Authorizing a Loan Agreement with Vectra Bank Colorado to Provide Funding for the Epic Loan Program. B. First Reading of Ordinance No. 010, Authorizing a Loan Agreement with the Colorado Energy Office to Provide Funding for the Epic Loan Program. In 2012, the City Council established, by ordinance, the On-Bill Utility Financing Program, which is now known as the Epic Loan Program. The Program provides financing for home energy upgrades by making loans to property owners who are customers of Fort Collins Utilities. Staff is recommending the Electric Utility Enterprise borrow additional capital for the Program from two third party lenders for 15-year capital. Ordinance No. 009 authorizes the Enterprise to borrow up to $2.5 million, under a line of credit, from Vectra Bank Colorado (Vectra Loan) as additional funding for the Program. Ordinance No. 010 authorizes the Enterprise to borrow $800,000 at 0% interest from the Colorado Energy Office (CEO Loan) as additional funding for the Program. Fifty percent of customers to date have used longer loan terms to reduce monthly payments and/or undertake more comprehensive energy efficiency projects, making 15-year capital an essential component for the success of the Program. These items were presented at the January 27, 2020 Council Finance Committee meeting and received support for bringing these Ordinances to the Electric Utility Enterprise Board for consideration.  OTHER BUSINESS  ADJOURNMENT ELECTRIC UTILITY ENTERPRISE BOARD Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY March 17, 2020 City Council STAFF Darin Atteberry, City Manager Jim Byrne, Office of Emergency Management SUBJECT Resolution 2020-030 Extending the State of Local Emergency Declared by the City Manager. EXECUTIVE SUMMARY Coronavirus 2019 (COVID-19) threatens the City of Fort Collins with widespread human and economic impact. President Donald J. Trump, Governor Jared Polis and Larimer County have declared a state of emergency in response to the COVID-19 pandemic. On March 13, 2020, the City Manager, as Director of the City’s Office of Emergency Management, proclaimed a local emergency and activated the Emergency Operations Plan established by City Code. City Council is asked to approve the extension of the proclamation of local emergency until such time as the City Manager determines it is no longer necessary. STAFF RECOMMENDATION Staff recommends adoption of the Resolution BACKGROUND / DISCUSSION On March 5, 2020, the State of Colorado identified its first positive case of COVID-19 and on March 9, 2020, Larimer County identified its first positive case. In order to limit the spread of COVID-19 in the community and slow the transmission of the virus, Colorado State University and Poudre School District have announced remote learning for their students. On March 13, 2020, the City Manager, as Director of the City’s Office of Emergency Operations, proclaimed a local emergency and activated the Emergency Operations Plan to prevent and manage exposure to COVID-19 and mitigate related impact of all kinds. Current conditions warrant the continuation of the City Manager’s proclaimed local emergency until the City Manager determines that conditions justifying this local emergency no longer exist. Section 2-671(a)(1) of the City Code states that a local emergency shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the City Council. Conditions continue to exist that make it necessary for the proclamation of local emergency remain in place in order to protect the health, safety and welfare of the citizens of Fort Collins. Therefore, this Resolution extends the proclamation of local emergency until such time as the City Manager determines it is no longer necessary. The City Manager will notify the Council, in writing, that the local emergency is ended. -1- RESOLUTION 2020-030 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE STATE OF LOCAL EMERGENCY DECLARED BY THE CITY MANAGER 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, on March 5, 2020, the State of Colorado identified its first positive case of COVID- 19, and Colorado has begun to experience limited community spread; and WHEREAS, on March 9, 2020, Larimer County identified its first positive case of COVID-19; and WHEREAS, President Donald J. Trump declared a National Emergency on March 13, 2020, in response to the COVID-19 event; and WHEREAS, Governor Jared Polis declared a State of Emergency in the State of Colorado on March 10, 2020, in response to the COVID-19 event; and WHEREAS, the Larimer County Director of Public Health has recommended that a local emergency be declared in Larimer County in response to the COVID-19 event; and WHEREAS, Larimer County declared a Local Disaster Emergency on March 13, 2020, in response to the COVID-19 event; and WHEREAS, Colorado State University has announced that all classes will be migrating to online learning beginning March 25, 2020; and WHEREAS, Poudre School District has announced remote learning for students, beginning on March 23, 2020; 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 -2- WHEREAS, Section 2-671 (a)(1) of the City Code states that a local emergency proclaimed by the City Manager shall not be continued or renewed for a period in excess of seven days without the consent of the City Council; and WHEREAS, conditions continue to exist which, for the protection of the health, safety and welfare of the citizens of the City of Fort Collins, warrant the continuation of the previously proclaimed local emergency; and WHEREAS, the City Manager is requesting that the City Council continue the proclamation of local emergency as established by the City Manager on March 13, 2020, until such time as the City Manager determines the conditions justifying this local emergency no longer exist. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that conditions continue to exist which, in the best interests of the health, safety and welfare of the citizens of Fort Collins, warrant the continuation of the previously proclaimed local emergency until such time as the conditions warranting this local emergency no longer exist. Section 2. That the City Council hereby authorizes, approves, and consents to the continuation of the state of local emergency until such time as the City Manager determines in writing that the conditions justifying this local emergency no longer exist and such written determination is filed with the Office of the City Clerk. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of March, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda 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. -1- 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 -2- 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. -3- 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 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY March 17, 2020 City Council STAFF Carrie Daggett, City Attorney SUBJECT Resolution 2020-029 Accepting and Adopting Ethics Opinion No. 2020-01 of the Ethics Review Board Finding No Violation of State or Local Ethics Provisions by Councilmember Ken Summers. EXECUTIVE SUMMARY The purpose of this item is consideration of the opinion of the Ethics Review Board to Council for its consideration and possible approval. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Under City Code Section 2-569(d), any person who believes a Councilmember or board or commission member has violated any provision of state law of the City Charter or City Code pertaining to ethical conduct may file a complaint with the City Clerk. A Complaint was lodged with the Ethics Review Board through the City Attorney on January 21, 2020, by Rory Heath (the “Complainant”), a Fort Collins resident, against Councilmember Ken Summers and others, alleging that Councilmember Summers has a conflict of interest generally and in connection with the Hughes Rezoning and related Ethics Review Board hearings, in light of a webpage offering his services as a political consultant and lobbyist. After notice to the complaining party and the subject of the complaint, an alternative Ethics Review Board consisting of Councilmembers Pignataro, Cunniff, Gorgol and Gutowsky met on March 6 to conduct an initial screening review of the Complaint to determine whether the Complaint asserted a factual basis for an alleged state or local ethics violation. At that time, the Board determined that further investigation was needed to make a determination regarding the allegation that lobbying and political consulting activities of Councilmember Summers violate state and local ethics laws. The alternate Ethics Review Board met on March 13, 2020, to conduct a hearing and investigate the allegation, taking evidence and testimony from the Complainant and from the subject of the Complaint, Councilmember Summers. The Board unanimously concluded that that there is no violation of state and local ethics and conflicts of interest laws pertaining to Councilmember Ken Summers’s political consulting/lobbying activities. Upon completion of its determination, the Board considered draft Ethics Opinion 2020-01, Finding No Violation of State or Local Ethics Provisions by Councilmember Ken Summers, and approved it unanimously. Section 2-569(c) provides for the opinions and recommendations of the Board to be submitted to the full Council for Council consideration and approval. Draft minutes of the March 13, 2020, Ethics Review Board meeting were not available at the time of printing of this Agenda Item Summary and will be provided online on March 16 and included in the March 17 Read-Before Packet. -1- RESOLUTION 2020-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING AND ADOPTING ETHICS OPINION NO. 2020-01 OF THE ETHICS REVIEW BOARD FINDING NO VIOLATION OF STATE OR LOCAL ETHICS PROVISIONS BY COUNCILMEMBER KEN SUMMERS WHEREAS, the City Council has established an Ethics Review Board (the “Board”) consisting of designated members of the City Council; and WHEREAS, the Board is empowered under Section 2-569 of the City Code to render advisory opinions and recommendations regarding actual or hypothetical situations of Councilmembers or board and commission members of the City; and after review and investigation, to render advisory opinions or interpretations pertaining to such complaints or inquiries under the relevant provisions of the Charter and Code and the applicable provisions of state law, if any, and to make written recommendations to the City Council and any affected board or commission concerning the same; and WHEREAS, an alternate Ethics Review Board consisting of Councilmember Ross Cunniff, Councilmember Susan Gutowsky, Councilmember Julie Pignataro and Councilmember Emily Gorgol (the “Board”), met on March 13, 2020, to hear and consider evidence in connection with a complaint filed by Rory Heath alleging that that lobbying and political consulting activities and related website of Councilmember Ken Summers violate state and local ethics laws; and WHEREAS, at the conclusion of its hearing in this matter, the Board voted unanimously to determine that no evidence was presented showing an ethics violation under state or local law by Councilmember Summers, either specifically related to the Hughes Stadium rezoning matter or generally related to other Council decisions; and WHEREAS, the Board unanimously adopted and issued an ethics opinion, Ethics Opinion 2020-01, stating and explaining its finding of no violation of state and local ethics provisions by Councilmember Summers; and WHEREAS, Section 2-569(e) of the City Code provides that all advisory opinions and recommendations of the Board be placed on the agenda for the next special or regular City Council meeting, at which time the City Council shall determine whether to adopt such opinions and recommendations; and WHEREAS, the City Council has reviewed the opinion of the Board and wishes to adopt the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Opinion No. 2020-01 of the Ethics Review Board, a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A,” has been submitted to and reviewed by the City Council, and the Council hereby accepts and adopts the opinion contained therein. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of March A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 2020-01 OPINION OF THE ETHICS REVIEW BOARD OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS March 13, 2020 Background. On January 21, 2020, a complaint was filed with the City Council via the City Attorney by Rory Heath (“Heath”). A copy of the Complaint, along with Exhibit 4 pertaining to the subject of this Opinion, is attached. The Complaint alleges that the webpage through which Councilmember Ken Summers (“Summers”) offers lobbying and political consulting services and such services violate state and local ethics laws, including the conflict of interest rules contained in the City Charter, because he improperly participated in Council decisions generally and in connection with the City Council’s rezoning of the Hughes Stadium annexation property and related matters. Under Section 2-569 of the City Code, the Complaint was first considered by an alternate Ethics Review Board comprised of Councilmember Ross Cunniff, Councilmember Susan Gutowsky, Councilmember Julie Pignataro and Councilmember Emily Gorgol (the “Board”), for initial screening pursuant to Section 2-569(d) to determine whether the Complaint warranted further investigation. At that time the Board determined that further investigation of this allegation of the Complaint was needed. Summary of Opinion and Recommendation. The information presented to us indicates that Ken Summers has not carried out any lobbying or political consulting activities during his time on City Council, which began in April 2017. While it is established that Summers has posted a webpage under the business name of KGS Consulting that offers consulting and lobbying services, the webpage is not related to any public decisions or actions absent actual clients or matters in which Summers is or has been engaged. The Board acknowledges that circumstances can be imagined under which a conflict of interest would arise for a Councilmember lobbying for others, most clearly if that lobbying related to a City issue, but also if it on Colorado Statehouse issues affecting the City. Nonetheless, there is not an inherent conflict of interest arising as a result of lobbying or political consulting activities, and in the complete absence of a lobbying or political consulting project, there is no relationship to any matters or interests coming before Summers as a City Councilmember that can even be evaluated. In addition, had Summers undertaken lobbying or political consulting activities, there would still need to be an identifiable relationship between those undertakings and the rezoning of the Hughes Stadium annexation property in order for a conflict of interest or other ethics violation to be present in regards to the Hughes Stadium item. As stated by the Complainant, there is no evidence suggesting that Summers has such a relationship. While Summers will need to consider carefully the potential for conflicts of interest should he take on the consulting or lobbying work suggested on his webpage, the Board finds there has been no evidence presented showing an ethics violation under state or local law by Summers. EXHIBIT A Opinion of the Ethics Review Board Opinion 2020-01 March 13, 2020 Page 2 of 3 The Information Presented to the Review Board. Information was presented to us with regard to the Complaint at our meetings on March 6 and 13, 2020. The Complainant, Rory Heath, presented information at both meetings; Summers appeared and presented information at the March 13 meeting. Approved minutes of the March 6 meeting and draft minutes of the March 13 meeting are attached. Besides the Complaint itself, and the exhibits provided with it, materials presented to the Board included copies of the City Charter, City Code and statutory provisions cited in the Complaint and applicable to this matter, as well as email communications from Heath, memos to the Board from Summers dated March 5 and March 7, 2020, financial disclosures by Summers in January and April 2017, April 2018 and May 2019, and a Lobbyist Summary regarding the lobbying registration of Kenneth G. Summers, printed from the Colorado Secretary of State’s website on March 7, 2020. Heath provided three additional exhibits, an apparent transcript of Summers comments at the January 21, 2020, Council meeting, and two printouts displaying lobbying activities reported by Summers, showing activity only in 2015 and 2016, dated March 12, 2020, from the Colorado Secretary of State’s webpage. Summers presented testimony and evidence, supported by the exhibits provided by Heath, document no lobbying activity by Summers since 2016. In addition, Heath has confirmed that he knows of no evidence or information showing or suggesting that Summers has a special relationship with Colorado State University, the owner of the Hughes Stadium property, or any other person, that would give cause to suspect Summers has a business or personal interest in the rezoning decision. Analysis of the Issue Presented. Whether Summers posting a website offering lobbying and political consulting services, or carrying out services, violates state or local ethics laws is must be analyzed based on the particular interests arising from that undertaking or business. Heath has expressed repeatedly his belief that the mere offering of such a website creates the possibility and the route for outside interests to influence the voting decision of Summers in the Hughes Stadium rezoning process. No evidence was offered that showed or even suggested any action or actual interest of Summers with an identifiable relationship to actions taken by Summers as a Councilmember or an identifiable relationship to the Hughes Stadium property or rezoning of it. There is no inherent or categorical conflict of interest that arises from specific employment or from lobbying or political consulting work. There was no indication of how any decision of the Council would have resulted in any immediate financial return to Summers or any direct and substantial benefit or detriment different in kind from that experienced by the general public. Accordingly, no facts were alleged or shown that support a finding that actions of Summers violated the City Charter’s prohibition against a Councilmember participating in decisions in which they have a financial or personal Opinion of the Ethics Review Board Opinion 2020-01 March 13, 2020 Page 3 of 3 interest. (City Charter Article IV, Section 9). Likewise, there was no evidence introduced showing that Summers took action as a Councilmember that would benefit him privately or would directly and substantially benefit a business or undertaking in which he had a substantial financial interest, or by which he is engaged as counsel, consultant, representative or agent. Thus, no facts have been shown that constitute a violation of state ethics laws. (Colorado Revised Statutes Sections 24-18-103 through -105, and Section 24-18-109). Because of the lack of evidence of any actions by Summers as a lobbyist or political consultant that would constitute a conflict of interest in his role as a City Councilmember, we find no state or local ethics violation has occurred. 1 Ethics Review Board Meeting Minutes March 6, 2020 5:00 p.m. Members in Attendance: Board members Julie Pignataro and Ross Cunniff; Councilmembers Susan Gutowsky, Emily Gorgol; Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal, Delynn Coldiron, City Clerk. Public in Attendance: Mayor Wade Troxell; Mayor Pro Tem Kristin Stephens; Complainant Rory Heath and his attorney, Andrew Bertrand and approximately 30 members of the public. A meeting of the City Council Ethics Review Board (“Board”) was held on Friday, March 6, 2020, at 5:00 p.m. in the CIC Room, City Hall West. The meeting began at 5:00 p.m. The Board reviewed the Agenda which contained the following items: 1. Selection of Presiding Officer for Alternate Ethics Review Board as it considers the pending complaints. 2. Review and Approval of the December 16, 2019 Minutes of the Ethics Review Board. 3. Consider in accordance with City Code Section 2-569(d)(1) whether a complaint filed on January 21, 2020, by Rory Heath, making various allegations regarding the conduct of the Councilmembers below, warrants investigation: a. Mayor Wade Troxell b. Mayor Pro Tem Kristen Stephens; and c. Councilmember Ken Summers 4. Other Business. 5. Adjournment. The first item on the agenda, selection of a Chair, was discussed. Councilmember Ross Cunniff made a motion to approve Councilmember Pignataro as Chair. Councilmember Emily Gorgol seconded the motion. The motion to appoint Councilmember Pignataro as Chair was adopted by unanimous consent. The approval of the December 16, 2019 Minutes of the Ethics Review Board was next on the Agenda. Councilmember Cunniff made a motion to approve the December 16, 2019 Minutes and Councilmember Emily Gorgol seconded the motion. The Minutes of the December 16, 2019 Ethics Review Board were approved by unanimous consent. 2 City Attorney Daggett explained the background materials, including of Rory Heath’s Complaint, were provided with an introductory Agenda Item Summary (“AIS”), accompanied by three sections pertaining to each part of the Complaint. The allegations against Mayor Troxell were contained in AIS 3a, Mayor Pro Tem Kristen Stephens’s portion in AIS 3b and Councilmember Ken Summers’s portion in AIS 3c. The Board decided to give the Complainant and respondent 5 mins to speak in turn and allowed 5 minutes of rebuttal for each. City Attorney Daggett discussed the overview of the complaint and the structure of the materials presented. City Attorney Daggett explained supplemental materials received on March 5, 2020, were given to all members of Council and included Ken Summers’s statement and an email exchange with Complainant regarding his procedural concerns. These documents were also posted on the public website. Complainant Rory Heath introduced his attorney, Andrew Bertrand, and then spoke for 5 minutes, in which he asked the Board for consideration for a more judicious process. Mr. Heath stated he felt his complaint, along with all exhibits referenced and highlighted were not given to the Board. Councilmember Pignataro assured Mr. Heath they all received the complaint with highlighted exhibits the day he filed the complaint contained on a jump drive which was given to all Councilmembers. Mr. Heath stated he felt Council was not given the full scope and key ethics laws were not furnished by the City Attorney. Mr. Heath stated that Professor Wade Troxell is an employee of CSU which fits within all applicable Colorado Revised Statutes definitions highlighted in his materials. He asked the Board to consider outsourcing this Ethics Review Board as he felt the process was biased as was the checklist supplied by City Attorney Daggett. Mayor Troxell next spoke and pointed out previous documents related to conflict of interest with his employment at CSU. Mayor Troxell talked about City Council Resolution 2014-107 wherein he asked for a review regarding the CSU stadium issue. Mayor Troxell read one of the Whereas clauses in that Resolution which stated the attached advisory opinion concluded Mayor Troxell did not have a conflict of interest with the CSU stadium issue considering his employment by CSU. Mayor Troxell stated as it relates to the previous Ethics Review Board (in December, 2019), two determinations were made. The Board voted unanimously that further investigation of a complaint was not warranted and there was no financial or personal conflict of interest and no violation of any state or city violation of ethics. Mayor Troxell further stated that in this complaint, there is no financial benefit or detriment in this matter; this is a rezoning issue which is more administrative in nature. It does not fit within the definition of financial benefit. Regarding a personal benefit, Mayor Troxell stated he has no direct or substantial personal benefit. The state ethics provisions exclude institutions of higher education, so directorship means fiduciary member; Mayor Troxell stated he is only a faculty member. 3 In Mr. Heath’s rebuttal time, he stated he was glad Mayor Troxell brought up the previous ethical situation with the stadium as this speaks to a larger problem. Mr. Heath stated it would be of interest how a court of law would interpret this; it is unfair for Councilmembers to judge their peers. This is not fair as Mayor Troxell collects a paycheck which says CSU no matter how one wants to look at it. Mr. Heath explained this is a first piece of a larger piece if the zoning goes through. Andrew Bertrand spoke to the financial benefit per dwelling payment to CSU in the current development contract for this land being rezoned which is very different than the CSU stadium situation and should be considered as such. Mayor Troxell then gave his rebuttal, stating that Rory Heath had made no case and these broad allegations did not relate to him. Mayor Troxell asked if Mr. Heath was talking about the CSU system, CSU Fort Collins, or CSU Research Foundation. Mayor Troxell stated he is a faculty member of the College of Engineering and is not involved with the Board of Governors and these conversations. Mayor Troxell also spoke to Mr. Heath’s allegations regarding donations to his campaign, and noted there is nothing to substantiate that allegation. Mayor Troxell stated Mr. Health is factually wrong and his broad-based innuendos do not relate to him. Councilmember Pignataro brought the issue back to the Board. Ms. Pignataro stated the City Attorney’s Office will be coming to Council with ideas for a different Ethics Review Board structure to hear a complaint against a Councilmember sometime this summer. Ms. Pignataro asked City Attorney Daggett if the Board was missing the full ethics laws as Mr. Heath alleged. City Attorney Daggett stated she had a hard time picking out what statutes Mr. Heath was suggesting were not provided. She noted Colorado Revised Statutes Section 24-18-108 only applies to state officers and excludes City officials. City Attorney Daggett stated she did not provide that statute to Councilmembers as it did not apply and that she believed all others had been provided. Councilmember Ross Cunniff discussed Article XXIX to the State Constitution (also referred to as “Amendment 41”) regarding prohibiting an appearance of a conflict of interest. Mr. Cunniff stated the City needs to update its code to reflect this as he feels the City has not adequately addressed the issue of the appearance of conflict. City Attorney Daggett stated Amendment 41 adopting Article XXIX of the Colorado constitution was passed in 2006 and the City has not made amendments to its local provisions intended to match that provision. She noted the exception language allowing home-rule cities to adopt their own local ethics provisions, and further noted that the extent of this exception is currently being litigated. The Board discussed the best way to bring this issue to Council and asked the City Attorney to provide further information to Council on this for further consideration. 4 Councilmember Gutowsky stated she felt Councilmember Cunniff brought up a good point, expressing that optics and how things look are very important. She has listened to constituents’ comments and while this may not be against the Code of Ethics, people feel the way they feel, and it should be a natural decision to recuse yourself if your employer is involved in an issue. She hears the public’s voice; it is all about impression. The Board discussed the listed City and statutory ethics provisions, and in particular whether CSU was defined as a “business or other undertaking.” City Attorney Daggett stated the Colorado Independent Ethics Commission has specifically looked at the question of whether a public body is a “business or undertaking” and has found that a public body is not a “business or other undertaking.” Chair Pignataro then went through the checklist attached to the AIS 3a. Councilmember Cunniff made a motion that the Board find that having reviewed the allegations of Mr. Heath’s Complaint and the applicable laws, the Board has determined that the Complaint fails to allege that Mayor Troxell has a financial or personal interest or conflict related to the decision on the Hughes Stadium property rezoning and no further investigation is warranted. Councilmember Pignataro seconded the motion and the motion passed by unanimous voice vote. The Board moved to AIS 3(b) relating to Mayor Pro Tem Stephens. Rory Heath spoke that this was the same issue, different person. Mr. Heath stated he felt the materials from the City Attorney’s Office were very biased. Asked again that this issue be reviewed instead by an independent panel of outside experts. Andrew Bertrand spoke that this is very similar to the last argument and that Amendment 41 has been glossed over. The issue is about optics. Mr. Heath spoke about financial benefits and drew a correlation with UNC announcing possible layoffs. If the development deal does not go through, CSU can experience those same realities. Mr. Heath stated he feels CSU is a business or other undertaking. Mayor Pro Tem Stephens talked about the factual allegations and stated she does not take an oath to CSU. Ms. Stephens stated as far as Mr. Heath’s statement about career opportunities, this is not relevant. Mayor Pro Tem Stephens does not believe she has personal or financial interest in the CSU Hughes Stadium rezoning issue. Ms. Stephens insisted she is a state classified employee in the Statistics Department, and as a State classified employee, her pay is awarded by the state; CSU has no say in her pay raises. Rory Heath rebutted this as follows. Mr. Heath stated Mayor Pro Tem Stephens is an employee on a one-year contract renewal who has to “sing for her supper” every year. There is a method for reward – better position, etc. Andrew Bertrand stated based on public perception, Mayor Pro Tem Stephens should have recused herself. 5 Mr. Heath stated we need to fix this hole in the system before voting on this. We need to address it now, not in the future. Mayor Pro Tem Stephens’ rebutted his comments. Mayor Pro Tem Stephens stated she is not on a one-year contact. Mr. Heath’s facts are not true. Mayor Pro Tem Stephens stated she works for the State; there is no benefit or money involved in a rezoning and this is a City administration decision. Councilmember Cunniff stated the Ethics Review Board is not free to ignore the City Charter or Code or adopt State rules in lieu of a City process. Doing so would be a violation of our Code to shift this decision to a group of other people. While members of this Board have expressed sympathy, we have to change the Charter by a specific process. This Board is required to follow City Code, Charter and State laws as they now apply. Chair Pignataro directed the Board to go through the checklist attached to AIS 3b. Chair Pignataro then made a motion that the Board find that having reviewed the allegations of Mr. Heath’s Complaint and the applicable laws, the Complaint fails to allege that Mayor Pro Tem Stephens has a financial or personal interest or conflict related to the decision on the Hughes Stadium property rezoning and no further investigation is warranted. Councilmember Gorgol seconded the motion. The motion passed by unanimous voice consent. Chair Pignataro directed the Board to AIS 3c, relating to Ken Summers’s alleged personal, business-related conflicts of interest. A statement Councilmember Summers had submitted to the Board was noted. Chair Pignataro asked City Attorney Daggett to read the statement. Rory Heath stated this matter was a little more difficult. Councilmember Summers’ website advertises that he helps influence decisions. Mr. Heath stated the Board should subpoena the records of Councilmember Summers including any and all clients he has had. Mr. Heath stressed an investigation is needed here; this billboard is still up for the public to see. Andrew Bertrand stated he was not sure how anyone voted, but doesn’t care; he cares about how it looks. Now is the time to deal with it – not after Hughes gets decided. Councilmember Cunniff stated he would like to know if Councilmember Summers has received any revenue on this website. City Attorney Daggett explained it was unclear in Mr. Heath’s complaint if this was tied to Hughes Stadium or a more general complaint. Ms. Daggett explained if the complaint warrants further investigation, there will be a need to schedule a further hearing for more evidence to be presented. At that time, the Board would have power to subpoena more information if it chooses to. City Attorney Daggett explained that this process would next go to the hearing step where a decision would be made as to whether the Complaint alleges a violation specifically related to Hughes Stadium or otherwise. 6 The Board asked Rory Heath if this complaint was related to Hughes Stadium. Mr. Heath replied it was intended to include everything – including Hughes Stadium. The Board discussed next steps in this process. City Attorney Daggett stated the Board could continue its screening review if that would be helpful or find that the allegation warrants further investigations. Councilmember Cunniff stated the allegations of the Complaint are broader than Hughes and need further investigation, although regarding a specific complaint on Hughes, there is no evidence to sustain an allegation Councilmember Summers has acted unethically. Councilmember Gutowsky did not agree with this and stated the Complaint cast doubt in her mind. Councilmember Cunniff made a motion that the Board find that the allegation that political consulting and lobbying activities could constitute a potential ethics violation, if true, and that further Ethics Review Board investigation and review is warranted on the specific issue of whether Councilmember Summers has carried out political consulting or lobbying activities that constituted an ethics violation. Councilmember Gorgol seconded the motion. The motion was passed by unanimous voice consent. City Attorney Daggett discussed the timing of the next meeting to review the one remaining allegation and stated her office would get started on scheduling the next meeting. Under Other Business, the Board briefly discussed Amendment 41 of the State Constitution and stated this process was already in motion. Meeting adjourned at 7:56 1 Ethics Review Board Meeting Minutes March 13, 2020 5:00 p.m. Alternative Ethics Review Board members in attendance: Councilmembers Julie Pignataro, Ross Cunniff, Susan Gutowsky and Emily Gorgol. Staff in attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal. Public in Attendance: Councilmember Ken Summers; Complainant Rory Heath and approximately 15 members of the public. A meeting of the City Council (alternate) Ethics Review Board (“Board”) was held on Friday, March 13, 2020, at 5:00 p.m. in the CIC Room, City Hall West. The meeting began at 5:00 p.m. The Board reviewed the Agenda which contained the following items: 1. Selection of Presiding Officer for Ethics Review Board as it considers the pending complaint. 2. Review and Approval of the March 6, 2020 Minutes of the Ethics Review Board. 3. Hearing and investigation in accordance with City Code Section 2-569(e) of a complaint filed on January 21, 2020, by Rory Heath, alleging that political consulting/lobbying activities of Councilmember Ken Summers violate state and local ethics provisions. 4. Other Business. 5. Adjournment. The first item on the agenda, selection of a Chair, was discussed. The Board unanimously consented to Councilmember Julie Pignataro continuing being the Chair. The approval of the March 6, 2020, Minutes of the Ethics Review Board meeting was next on the Agenda. Councilmember Gorgol made a motion to approve the March 6, 2020, Minutes and Councilmember Susan Gutowsky seconded the motion. The Minutes of the March 6, 2020, Ethics Review Board meeting were approved by unanimous consent. Chair Pignataro called up the next order of business, which was the discussion of the Complaint against Councilmember Summers. City Attorney Carrie Daggett ran through the suggested hearing process that was highlighted in the Agenda Item Summary. Chair Pignataro announced that each party would have a total of 15 minutes to speak and there was no objection from other members of the Board or either the Complainant or Councilmember Summers. City Attorney Daggett ran through the Agenda Item Summary with attachments provided in the public packet with the addition of an email from Rory Heath received on Friday. 2 For his opening remarks, Rory Heath stated Mr. Summers was not present for the last Ethics Review Board meeting, but the crux of the matter was his website, www.kensummers.org and the statements such as “opening doors, empowering influence”, etc. Mr. Heath stated the existence of the website and those statements along with Mr. Summers’s representation on Council were the big issue. Mr. Heath stated this was tip of the iceberg and if Councilmember Summers had nothing to hide, why wouldn’t he open up his bank records for KGS? For his opening remarks, Councilmember Summers stated Mr. Heath’s allegations were baseless and silly. Councilmember Summers explained having a website that is inactive is not in violation of any code of ethics. Mr. Summers further explained there was no nefarious activities going on due to the fact that he has a tab on a personal website called KGS Consulting. Mr. Summers continued that Mr. Heath has abused this process for political purposes because he does not like the fact that CSU owns property that the City is obligated to zone. Mr. Summers further stated that Mr. Heath has one paragraph of a complaint that I “voted against the 655 pages of public comments” Mr. Summers stated he checked with City Clerk and there were approximately 140 pages, not 655. Councilmember Summers stated he was glad Mr. Heath made it up from Colorado Springs to this meeting, which is interesting to note his interest in Fort Collins matters. Mr. Summers explained that in 2014, he attempted to acquire some work through this business due to his West Nile Virus disability, but never secured a client in those efforts. Mr. Summers concluded that Mr. Heath has an obligation to identify an interest he has that is in conflict to the zoning before Council and he has offered none. For his presentation of evidence, Rory Heath stated he was glad Mr. Summers brought up his past. There was an interruption from Mr. Summers. Mr. Heath handed out some exhibits to the Board which included as Exhibit 1 a typed transcript of what was described as a statement by Councilmember Summers at the January 21, 2020, City Council meeting. Mr. Heath read Mr. Summers’s statement. Mr. Heath stated his Exhibit 2 was evidence of lobbying from the Secretary of State’s lobbyist website and his Exhibit 3 was client search results from the Colorado Secretary of State’s lobbyist registration and reporting website. The exhibits were handed out to the Board and to Mr. Summers. Mr. Heath stated these reports show there was lobbyist money and not only is Mr. Summers lying to all us, his website solicits work as a lobbyist, when he does not have a current lobbyist license. In response, and as part of his presentation of evidence, Councilmember Summers rebutted by saying Mr. Heath doesn’t understand what is involved as a lobbyist and explained he was a consultant on one bill in two sessions in the years 2015 and 2016. Mr. Summers explained his lobbying efforts ended in 2016 and he submitted his financial disclosures as all City Councilmembers have to submit. Mr. Summers stated he did not make money as a lobbyist while on City Council and the clear evidence points to that. In closing, Rory Heath stated in his rebuttal that without Councilmember Summers’s financial records, one is left with a grey area to take his word on this. Mr. Heath stated Councilmember Summers is not to be taken at his word and the things he has said are very scary. In closing, Mr. Heath stated the fact that Councilmember Summers’s LLC is still in operation and the website is still soliciting business, one can argue is negligence. He argued that the appearance of impropriety is an issue in and of itself and could be an offense. Mr. Heath finished by saying we do not have enough evidence as it relates to Hughes and how far this crime and dirt has gone; we need to look at every single action Councilmember Summers has 3 made so far. If Councilmember Summers has nothing to hide, then he should release his tax returns, bank statements and emails. In closing, Councilmember Summers rebutted by stating those requests were ludicrous, insulting, and way over the top for any reasonable person to expect. Mr. Summers continued by stating Mr. Heath has the audacity to suggest that he has been lying for over 3 years now because I knew the zoning of Hughes would come up in 2020 and would request recommendation from our City Staff. Councilmember Summers further stated in the original analysis of Rory Heath’s complaint, he wants opportunity for others to speak, no growth, walking trails only, etc. Those are statements of a lobbyist; He is lobbying without a license. Councilmember Summers stated he does not have a bank statement or a bank account for KGS Consulting. At the conclusion of the comments by Rory Heath and Councilmember Summers, Chair Pignataro brought the discussion back to Board for questions. She asked City Attorney Daggett to explain to the Board and for the record the financial disclosures that Councilmember Summers had provided (attached to the Agenda Item Summary) and the legal nature of those. City Attorney Daggett stated the financial disclosures are required by law and the statements follow a process required at the state level for state officials. She noted there is not a City process of investigation and/or checking that the reported income or other information is correct. Mr. Daggett did state there are legal consequences in filing an incorrect statement, but she did not have specific information about the nature of the consequences without further checking. City Attorney Daggett went over the form and read it to the Board and the public and stated the completed Financial Disclosures are public documents and filed in the City Clerk’s Office. Councilmember Cunniff directed a question to Mr. Heath and asked if his complaint against Councilmember Summers was regarding Hughes rezoning specifically or something nonspecific as well. Mr. Heath stated yes, it is within reason that the most critical of issues, Hughes rezoning, is intended to be within the scope of this complaint. Councilmember Cunniff directed a question to Councilmember Summers and asked if his financial disclosures were accurate and complete. Councilmember Summers replied yes, they were accurate and complete. Councilmember Cunniff asked City Attorney Daggett if there were any City Code prohibitions on Councilmembers having individual employment? City Attorney Daggett stated no. She explained, however, there might be challenges if a Councilmember’s employment was funded by the City. Councilmember Gutowsky asked City Attorney Daggett if there was problem with not having a license if one was a lobbyist. 4 City Attorney Daggett replied there is a state statute that lays out the requirements for registering as a lobbyist, which in some instances may be unclear; there are specific conditions that must be met or may create an exception. For example, there is a safe harbor provision for elected officials like councilmembers communicating with state officials that exempts them from having to register. Councilmember Cunniff asked City Attorney Daggett to explain some examples of lobbyist activities. City Attorney Daggett explained that generally, lobbying activities would include people getting paid by others to communicate with state officials within the administration of state government on behalf of payors on any policy or regulatory matters. Lobbyists are required to register and file reports on their activities. Ms. Daggett stated when someone is actually hired to lobby, that is a business relationship which is pretty clear. Councilmember Gutowsky asked City Attorney Daggett if “lobbying” would be considered a job. City Attorney Daggett responded by saying if there was no activity or income, it would be hard to call it a job. Councilmember Gutowsky asked if there was a conflict of interest with lobbying. City Attorney Daggett stated no, not by definition. Councilmember Gutowsky asked Councilmember Summers about his intentions with his webpage; he explained his website was just a placeholder to when he might come back to lobbying in the future; there was just no need to cancel the LLC now and restart it in the future. City Attorney Daggett asked a question of Mr. Heath in that she has not seen or heard any particular, factual evidence Mr. Heath has identified to tie Councilmembers Summers to CSU, Hughes, or Lennar (the builder), so again asked Mr. Heath if there was some specific thing that gave him a belief that Councilmember Summers had or has a relationship with one of those entities? Rory Heath replied it was too early in the investigation to be able to know, but it has the optics of impropriety. City Attorney Daggett was asked to clarify how Councilmember jobs and business interests affect their participation in matters before Council. She stated that Councilmembers are allowed to have jobs and business interests and can participate in matters where those interests are not involved, but are not allowed to participate in a decision that relates in a way that creates a conflict of interest. Councilmember Cunniff stated he has seen no evidence that anything specific happened with respect to Hughes and that is what the Ethics Review Board needs to look for -- specifics, not hypotheticals. Councilmember Cunniff then stated absent any specifics, he did not see how the Board could conclude there was a conflict of interest in this case. Chair Pignataro responded by stating that is why the Board is here tonight; we did not have evidence. Councilmember Summers has now offered evidence he did not have a conflict. Councilmember Gorgol made a motion that the Board find that, based on the evidence presented, Councilmember Summers has not engaged in the business of lobbying or political consulting during his 5 time on Council, and that the Board conclude for that reason that no state or local ethics violation has been shown. Councilmember Gutowsky seconded the motion and the Board approved the motion by unanimous vote. Councilmember Gorgol spoke about grey area and public trust and stated all councilmembers take their oaths very seriously and the Ethics Review Board is an important part of looking at that. Ms. Gorgol further stated that the idea that Councilmembers are lying and do not take these matters seriously, is offensive. Councilmember Cunniff stated regardless of emotions which are running high, the Board is charged with looking at the City Charter very narrowly and we did not see evidence of a financial or personal conflict largely because no income was earned during Ken Summers’s term on Council. Under Other Business, City Attorney Daggett suggested she could generate an Opinion quickly if the Board took a break and then if the Opinion was acceptable, City staff could get the item on the agenda for Council consideration next Tuesday night. The Board agreed to take a fifteen minute break. The Board reconvened at 6:28 pm and City Attorney Daggett brought a draft of Opinion 2020-01 for the Board to review and consider. City Attorney Daggett explained the next process, once the Board approves the Opinion, would be to schedule Council consideration of a Resolution for next Tuesday night, which would have the Opinion attached. City Council, minus Ken Summers, would vote on the Resolution to accept and adopt the Opinion. Councilmember Cunniff made a motion for the Board to approve the Opinion 2020-01 and Councilmember Gorgol seconded the motion. The motion was approved by unanimous vote. The Board inquired if there was any other business and with no replies, the meeting was adjourned at 6:38 pm.