HomeMy WebLinkAbout088 - 06/06/2006 - MAKING VARIOUS AMENDMENTS TO CHAPTER 2, ARTICLE II DIVISION 3 OF THE CITY CODE PERTAINING TO THE APP ORDINANCE NO. 088 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO CHAPTER 2, ARTICLE Il
DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE APPEALS PROCESS
WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a procedure
whereby the final decisions of boards, commissions and other decision makers can be appealed to
the City Council; and
WHEREAS,the Council recently considered at a work session certain proposed changes to
that appeals process that have been recommended by City staff; and
WHEREAS,after considering those recommendations,the Council has determined that the
changes provided for below would help clarify the appeals process and make it more understandable
to the general public and would also increase the efficiency of the appeals process.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-46 of the Code of the City of Fort Collins is hereby amended
to add a definition of"evidence," to read as follows:
Evidence shall mean any information,whether in verbal,written,graphic or other
form, presented at the hearing to support or refute a particular proposition or
conclusion. Evidence shall not include argument as to how information offered as
evidence should be viewed by the City Council.
Section 2. That Section 2-54(b) of the Code of the City of Fort Collins is hereby amended
so as to read in its entirety as follows:
Sec. 2-54. Scheduling of the hearing.
(b) Any written materials that any party-in-interest may wish the City Council
to consider in deciding the appeal and that fall within the exception to new evidence
contained in § 2-57(b)(1) shall be submitted to the City Clerk no later than 12:00
p.m. on the Wednesday immediately preceding the date upon which the hearing on
the appeal is scheduled to be held. Such materials shall then be included by the City
Clerk in the agenda materials pertaining to the appeal.
Section 3. That Chapter 2,Article II, Division 3 of the Code of the City of Fort Collins
is hereby amended by the addition of a new Section 2-55 which shall read in its entirety as follows,
with all subsequent sections in said Division to be renumbered accordingly:
Sec. 2-55. No ex parte contacts.
In order to afford all parties-in-interest a fair opportunity to respond to the
information upon which the City Council is to base its decision on appeal, and in
order to preserve the impartiality of Councilmembers hearing the appeal, all
Councilmembers who intend to participate in hearing the appeal shall, to the extent
reasonably possible,avoid communications with parties-in-interest and members of
the general public regarding the merits of the appeal prior to the hearing on the
appeal.
Section 4. That new Section 2-57(d)(2) of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
See. 2-57 New evidence; scope of review; alternative actions available to
the City Council; date of final action.
(d) At the conclusion of such hearing,the City Council shall uphold,overturn
or modify the decision of the board,commission or other decision maker; provided,
however, that:
1( ) The City Council shall instead remand the matter for rehearing if it finds
that the appellant was denied a fair hearing before the board, commission
or other decision maker for any of the reasons stated in Paragraph 2-48(2).
(2) The City Council may also remand the matter for rehearing in order for the
board, commission or other decision maker to receive and consider
additional information with regard to any issue raised on appeal. Any such
remand shall include direction from the City Council to the board,
commission or other decision maker as to the issues to be considered at the
re-hearing.
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 2006, and to be presented for final passage on the 6th day of June, A.D. 2006.
,
ATTEST: Mayo
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D. 2006.
Ma r
ATTEST:
City Clerk