HomeMy WebLinkAboutAgenda - Read Before Packet - 3/31/2020 - City Council Agenda Item #14 - Resolution 2020-032 Approving Emergency Rules And Regulations Enacted By The City Manager Pursuant To The Local Covid-19 Emergency Between March 17 And March 30, 2020Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY March 31, 2020
City Council
STAFF
Darin Atteberry, City Manager
Jim Byrne, Office of Emergency Management
Carrie M. Daggett, Legal
SUBJECT
Resolution 2020-032 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to
the Local Covid-19 Emergency Between March 17 and March 30, 2020.
EXECUTIVE SUMMARY
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager between
March 17 and March 30, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City
Code provides that the emergency rules and regulations must be confirmed at the earliest practical time by the
City Council. This Resolution seeks Council’s approval and ratification of the emergency measures.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
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). This is evidenced by the early March
declarations of emergency regarding COVID-19 that were issued by President Trump, Governor Polis and the
Larimer County Department of Public Health and Environment.
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. The City
Council extended the local emergency until such time as the City Manager determines in writing that the
conditions justifying the local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20,
2020.
Having proclaimed a local emergency, the City Manager has issued emergency rules and regulations
(collectively referred to as the “Emergency Rules and Regulations”) in order to protect the health and safety of
City residents and visitors, as follows:
Emergency Regulation No. 2020-01, Authorizing Emergency Purchases pursuant to City Code Section 8-
161(b)(1), dated March 17, 2020;
Emergency Regulation No. 2020-02, suspending certain legal requirements to allow the operation of a day
shelter, homeless shelter, and/or seasonal overflow shelter at the Northside Aztlan Community Center, dated
March 19, 2020;
Agenda Item 14
Item # 14 Page 2
Emergency Regulation No. 2020-03, suspending fares for all Transfort bus routes within the City, including
FLEX and MAX routes and Dial-a-Ride trips, dated March 19, 2020; and
Emergency Regulation No. 2020-04, suspending the operation of the requirements of City Code Chapter 26
related to disconnecting City non-telecommunication utility services to a premise upon non- or late payment
of utility service fees during the pendency of the local emergency or other applicable order, dated March 20,
2020.
First Amended Emergency Regulation No. 2020-05A, suspending the prohibition on occupying recreational
vehicles on private property, with written permission from the property owner, for working, living, or sleeping
purposes in order to use that recreational vehicle to promote physical distancing and/or quarantine, dated
March 30, 2020.
-1-
RESOLUTION 2020-032
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULES AND REGULATIONS ENACTED
BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19
EMERGENCY BETWEEN MARCH 17 AND MARCH 30, 2020
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, in early March declarations of emergency regarding COVID-19 were issued
by President Trump, Governor Polis and the Larimer County Department of Public Health and
Environment; 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 City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations (collectively referred to as the “Emergency Rules and
Regulations”) in order to protect the health and safety of City residents and visitors, as follows:
a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases
pursuant to City Code Section 8-161(b)(1), dated March 17, 2020;
b. Emergency Regulation No. 2020-02, suspending certain legal requirements to
allow the operation of a day shelter, homeless shelter, and/or seasonal overflow
shelter at the Northside Aztlan Community Center, dated March 19, 2020;
c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus
routes within the City, including FLEX and MAX routes and Dial-a-Ride trips,
dated March 19, 2020;
d. Emergency Regulation No. 2020-04, suspending the operation of the
requirements of City Code Chapter 26 related to disconnecting City non-
telecommunication utility services to a premise upon non- or late payment of
utility service fees during the pendency of the local emergency or other
applicable order, dated March 20, 2020;
e. First Amended Emergency Regulation No. 2020-05A, suspending the
prohibition on occupying recreational vehicles on private property, with written
permission from the property owner, for working, living, or sleeping purposes
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in order to use that recreational vehicle to promote physical distancing and/or
quarantine, dated March 30, 2020; and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City Manager’s establishment
of the Emergency Rules and Regulations, attached hereto as Exhibits A through E and incorporated
herein by this reference, was necessary in the interest of protecting the life, health, safety and
property of the citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves the Emergency
Rules and Regulations, No. 2020-01 through No. 2020-05A, as of the date of their establishment
by the City Manager.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
31st day of March, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EMERGENCY RULES AND REGULATIONS No. 2020-01
EXHIBIT A
DocuSign Envelope ID: DEA052F3-F563-491 O-A02D-8E7 AC9A355AE
City of
ktCollins x; "'·
EMERGENCY RULES AND REGULA TIO NS
To all persons take notice:
City Manager's Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
That for the protection of life, health, safety and property as affected by reason of the COVID-19
Event, which resulted in my declaration of a "local emergency" under the authority of Chapter 2,
Article IX of the Code of the City of Fort Collins, (the "City") and which declaration oflocal
emergency was filed with the City Clerk and with the Colorado Division of Emergency
Management on March 13, 2020, I have hereby established, under the authority of Sec. 2-
67l(a)(6)a, the following rules and regulations:
1. Commencing on March 19, 2020, and until further notice, the requirements of the Fort
Collins Land Use Code, Building Code and Fire Code related to the permitting and use of
property as a day shelter, homeless shelter, and/or seasonal overflow shelter, as well as any City
Codes, rules, regulations or administrative policies limiting the use of City Recreation facilities,
shall not apply to the use of the City-owned Northside Aztlan Community Center, located at 112
East Willow Street, Fort Collins, Colorado as a temporary shelter for persons experiencing
homelessness, unless otherwise agreed in writing with a facility user.
2. Nothing in this emergency regulation shall prevent the City from utilizing such other
legal mechanisms as are available to it, including, without limitation, Chapter 20, Article I of the
City Code and/or the Uniform Code for abatement of dangerous buildings in cases of emergency.
Pursuant to Section 2-671 ( e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City.
DATED this 19th day of March, A.D. 2020.
DocuSigned by:
rut\lA, a. a&1YY'i1
arm 393F2B '.lt454 . j\1teberry, . . City Manager
No. 2020-02
EXHIBIT B
No. 2020-03
EXHIBIT C
No. 2020-04
EXHIBIT D
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
FIRST AMENDED EMERGENCY RULES AND REGULATIONS No. 2020-05A
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020 and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I established on March 25, 2020, under the authority
of Sec. 2-671(a)(6)a, Emergency Rules and Regulations No. 2020-05. I am now amending such
Regulations to clarify the definition of “recreational vehicle”, with such amended emergency
rules and regulations reading as follows:
1. Commencing on March 23, 2020, and until further notice, individuals may occupy any
recreational vehicle, as defined in subsection e. below, parked on private property, with written
permission from the property owner, for working, living or sleeping purposes in order to use that
recreational vehicle to promote physical distancing and/or quarantine. Therefore, I am ordering:
a. City staff shall not enforce City Code Section 17-182(b) against persons
occupying recreational vehicles parked on private property within the City, with written
permission from the property owner; however, City staff shall still enforce City Code Section 17-
182(b) against persons using other types of motor vehicles or trailers for camping on private
property, with or without permission from the property owner, or using recreational vehicles
used for camping on private property without written permission from the property owner, in
violation of that section.
b. City staff shall not enforce City Code Section 20-105(a) against recreational
vehicles parked in any yard of any residential lot, with written permission from the property
owner for the purposes described herein; however, City staff shall still enforce City Code Section
20-105(a) against other types of motor vehicles or trailers and it shall still be unlawful to park or
store a recreational vehicle in violation of City Code Section 20-105(b).
c. A homeowners’ association or other entity charged with enforcement of a
declaration applicable to a residential condominium association or a common interest ownership
community under Title 38, Articles 33 or 33.3 of the Colorado Revised Statutes shall not enforce
Amended Emergency Rules and Regulations
March 30, 2020
Page 2 of 3
any provision of such a declaration or covenant prohibiting or limiting parking, occupancy or
use of a recreational vehicle on private property or private streets for working, living or sleeping
purposes to promote physical distancing and/or quarantine, so long as the recreational vehicle is
owned by the owner or occupant of the residential unit and is parked:
(1) on a portion of the privately owned lot that provides direct access to a garage
from a street; or
(2) on a privately-owned street directly adjacent to the recreational vehicle
owner’s residential unit; or
(3) on an improved area of a privately owned lot having a surface of asphalt,
concrete, rock, gravel or other similar inorganic material, with a permanent border
that defines the parking area and that is designed and constructed to prevent loose
material, such as rock or gravel, from spilling onto any abutting public street or
sidewalk; or
(4) in a side or backyard of a privately owned lot placed behind sufficient
screening, such as a solid fence, masonry wall or shrubbery, no less than six (6)
feet high.
d. No recreational vehicle parked pursuant to this emergency regulation shall be
parked in such a manner as to obstruct or interfere with pedestrian or vehicle traffic or the view
of any intersection or official traffic control device.
e. For purposes of this emergency regulation only, the term “recreational vehicle”
shall be defined to mean either a self-propelled vehicle, or any type of wheeled vehicle that is
designed or modified to be pulled by a motor vehicle, including motor homes, truck campers,
travel trailers, fifth wheel trailers, camping trailers, tent trailers, and camper shells, which is
designed and intended to be used for camping or other extended living situations.
2. I find that this emergency rule and regulation is reasonable and necessary to promote
social distancing in order to promote the health, safety and welfare of the public because it will
provide members of the public with options to distance themselves from others within their
household or quarantine during the local emergency.
3. Nothing in this emergency regulation shall prevent the City from utilizing such other
legal mechanisms as are available to it, including, without limitation, the Traffic Code, the Fire
Code, the Building Code, Chapter 20, Article I of the City Code and/or the Uniform Code for
abatement of dangerous buildings in cases of emergency.
Amended Emergency Rules and Regulations
March 30, 2020
Page 3 of 3
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City. A knowing violation of these rules and regulations shall be a
misdemeanor punishable under Section 1-15 of the City Code.
DATED this 30th
day of March, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
EXHIBIT E