HomeMy WebLinkAbout039 - 04/02/2024 - Amending the City Code to Provide Additional Procedural Options for the Conduct of City Council MeetORDINANCE NO.039,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY CODE TO PROVIDE ADDITIONAL PROCEDURAL
OPTIONS FOR THE CONDUCT OF CITY COUNCIL MEETINGS
A.Division 2 of Article II of Chapter 2 of the City Code contains provisions
relating to attendance at and conduct of City Council meetings.
B.The City Council most recently updated the provisions of that Division in
October 2021,at which time Council enacted provisions addressing the use of remote
technology,updating the structure of public comment at Council meetings,and clarifying
the process for removing items from the Consent Calendar,among other revisions.
C.Experience with these provisions and procedures in recent months has
highlighted the need for additional flexibility to manage disruption of meetings and utilize
remote technology to allow the Council to carry out its business.
D.Council desires to revise the Code to implement updated procedures and
allow additional flexibility as needed,as more specifically described in this Ordinance.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.Section 2-26 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-26.Definitions.
For purposes of this Division,the following words,terms and phrases shall have the
meanings ascribed to them in this Section:
Meeting shall mean any gathering of a quorum or three (3)or more members,whichever
is fewer,of the City Council or any Council committee,at which any public business is
discussed or at which any formal action may be taken but shall not mean any chance
meeting or social gathering at which the discussion of public business is not the central
purpose.Electronic mail communications to or from City Councilmembers shall not
constitute meetings of the City Council,or of a Council committee,except as provided by
applicable Colorado open meetings law.
Present and voting shall mean physically present while participating in a Council regular
or special meeting.However,in the event the Mayor,or City Council by majority vote,
determines at any time that circumstances necessitate that Council conduct all or a
portion of a regular or special meeting using remote technology,Councilmembers shall
be considered present and voting when participating using remote technology,and may
fully participate and vote in that meeting using remote technology.
For any Council committee meeting,present and voting shall mean either being physically
present at and participating in a meeting or participating in a meeting using remote
technology.
Using remote technology shall mean conducting or participating in any meeting by
electronic means,provided any participating Councilmember:
(1)Appears using electronic means that include both full audio and video
capability to enable hearing and seeing comment,testimony,discussion and action
taken by the Councilmember,other Councilmembers present,and the public
observing the meeting;and
(2)Appears live on camera and is audible in the meeting to those observing
the meeting when establishing a quorum,when speaking and when voting.
Section 2.Section 2-28 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-28.Regular meetings.
(b)The place of such meeting shall be the Council Chambers of the City Hall unless
the City Council,by majority action of a quorum of its members,directs that a meeting be
held elsewhere.In the event circumstances prevent or are reasonably expected to
prevent the Council from carrying out its business in the Council Chambers,the Mayor,
or the Council by majority vote,may relocate or adjourn such meeting to an alternative
location or to a remote meeting using remote technologies,or may shift all public viewing
and participation to remote technology.In the case of any such location change,notice
of the change must be prominently posted for the public at Council Chambers and the
meeting broadcast.The meeting must then,at a minimum,be freely available to the public
by electronic means or broadcast,or at a remote viewing location.When a meeting is
relocated and reconvened,or shifted to remote-only public viewing,a minimum of forty
five (45)minutes must elapse between the adjournment of the meeting to the new location
or mode and reconvening in the new location or mode.
Section 3.Section 2-29 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (e)which reads in its entirety as follows:
Sec.2-29.Special meetings.
(e)In the event circumstances prevent or are reasonably expected to prevent the
Council from carrying out its business in the location stated in the call of a special meeting,
the Mayor,or the Council by majority vote,may relocate or adjourn such meeting to an
alternative location or to a remote meeting using remote technologies,or may shift all
public viewing and participation to remote technology.In the case of any such location
change,notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast.The meeting must then,at a minimum,be freely
available to the public by electronic means or broadcast,or at a remote viewing location.
When a meeting is relocated and reconvened,or shifted to remote-only public viewing,a
minimum of forty-five (45)minutes must elapse between the adjournment of the meeting
to the new location or mode and reconvening in the new location or mode.
Section 4.Section 2-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-30.Meeting agenda.
(a)The City Manager shall,in consultation with the Mayor and the Mayor Pro Tern,
prepare the agenda for all regular and special meetings of the City Council.The agenda
shall include all items requiring City Council action.Whenever possible,there shall be
submitted with the agenda all facts necessary for the City Council to properly study the
item and make a decision.To this end,the City Manager may include their
recommendation on items to be considered.
(d)Any interested party may request,at any time prior to action by the City Council on
the consent calendar,that the City Manager or a Councilmember remove a specified item
from the consent calendar to be considered as a separate item by the City Council.Prior
to action by the City Council on the consent calendar,the presiding officer of the City
Council shall confirm whether the City Manager or any Councilmember desires to remove
any item or items from the consent calendar,and the presiding officer shall place such
item on the agenda for that meeting at an appropriate place for separate action.After
removal of all items for which a request was made for removal,the City Council shall
consider the remaining items on the consent calendar by one (1)motion.The vote of each
City Councilmember on the motion to approve the consent calendar shall be considered
a vote on each individual item on the consent calendar.
(e)The City Council may from time to time adopt such meeting rules and rules of
procedure as Council deems appropriate,consistent with this Division and other
applicable laws.
Section 5.Section 2-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-32.Open meetings/notice of meetings.
(a)Except as otherwise provided in §2-31,all meetings of the City Council and all
meetings of City Council committees shall be open to the public.This requirement may
be met by allowing physical public access to a meeting or by providing free public access
to a meeting through remote technology or by a combination of these means of access.
(b)Any meeting of the City Council at which any formal action could occur or at which
a majority or quorum is in attendance,or is expected to be in attendance,shall be held
only after full and timely notice to the public.For purposes of this Subsection,full and
timely notice of regular and special Council meetings shall be accomplished by
compliance with the provisions contained in this Division,as applicable.
Section 6.Section 2-34 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (4)which reads in its entirety as follows:
Sec.2-34.Place of posting.
The public meetings page on the City’s website at http:/fcgov.com,is designated as the
proper place for the posting of public notice of:
(4)Any alternative location for a regular or special Council meeting relocated
in accordance with Subsection 2-28(b)or 2-29(e).
Introduced,considered favorably on first reading on March 18,2024,and approved
on second reading for final passage on April 2,2024.
An Ii
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ATTEST:P
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Chief Deputy City Clerk
Effective Date:April 12,2024
Approving Attorney:Carrie Daggett