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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2001 - FIRST READING OF ORDINANCE NO. 132, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: August 21,2001 FORT COLLINS CITY COUNCIL FROM:• Stephen J. Roy SUBJECT: First Reading of Ordinance No. 132,2001,Amending Sections 2-462 and 2-569 of the City Code with Regard to the Appointment of Alternate Members of the Downtown Development Authority and the Ethics Review Board. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This Ordinance revises two sections of the City Code to clarify the Council's authority to appoint an alternate member to the Downtown Development Authority Board of Directors and the Ethics Review Board. These alternate members would have all of the same duties and privileges as a regular member when the regular member is unavailable. BACKGROUND: Historically, when the City Council makes its annual committee appointments and liaison assignments, Councilmembers are selected to serve as alternate members of the Downtown Development Authority("DDA")Board of Directors,the North Front Range Transportation and Air Quality Planning Council (the "MPO Council") and the Ethics Review Board. The Articles of Association for the MPO Council specifically authorize the appointment of an alternate. Section 2- 569 of the City Code also authorizes the appointment of an alternate member to the Ethics Review Board,but it limits the circumstances under which that alternate can serve to situations in which a particular complaint or inquiry is directed towards a regular member of the Ethics Review Board. Section 2-462, which speaks to the composition of the DDA Board of Directors, is silent as to the appointment of an alternate member. A question has arisen as to the circumstances under which alternate members to these boards can serve, and whether such alternates have voting rights. In order to clearly resolve that question,the City Attorney has recommended that the foregoing sections of the City Code be amended to specifically authorize the appointment of an alternate to the DDA Board of Directors and to expand the circumstances under which an alternate can actively serve on the Ethics Review Board. With these changes,alternate members appointed to any of these three boards will be authorized to serve as voting members any time the regular appointees are unavailable. ORDINANCE NO. 132, 2001 OF THE CITY OF FORT COLLINS AMENDING SECTIONS 2-462 AND 2-569 OF THE CITY CODE WITH REGARD TO THE APPOINTMENT OF ALTERNATE MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE ETHICS REVIEW BOARD WHEREAS, under Section 2-462 and Section 2-569 of the City Code, the City Council is authorized to appoint certain of its members to serve on the board of the Downtown Development Authority and the Council Ethics Review Board; and WHEREAS,historically,the City Council has appointed an alternate to each of these boards to serve when the regular appointee is unavailable; and WHEREAS,the provisions of Section 2-462 do not specifically authorize the appointment of an alternate member to the Downtown Development Authority; and WHEREAS,under the provisions of Section 2-569(b)the alternate appointed by the Council to serve on the Ethics Review Board is to serve only in the event that a particular complaint or inquiry is directed toward a member of the Board; and WHEREAS,the City Council wishes to revise the foregoing sections of the City Code so as to clearly authorize the appointment of an alternate member to said boards who can serve at any time that the regular appointee is unavailable. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-462(a) of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 2-462. Membership; term. (a) Members of the board of the authority shall be appointed by resolution of the City Council. The authority shall consist of nine (9) members, eight (8) of which are either residents, landowners or tenants within the boundaries of the authority,and one (1) of which is a City Councilmember. In additionto appointing one (1) of its members to regularly serve on the board of the authority, the City Council may appoint another of its members to serve as an alternate member of said board who shall become a voting member of the board in the absence of the regular appointee, with the same duties and privileges.. Section 2. That Section 2-569(b) of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec.2-569. Board of ethics. (b) The review board shall consist of three(3)Councilmembers elected by the City Council, one (1) of whom shall be elected by the review board to serve as a chairperson. One(l-}altemate shall also be elected by the City Council to serve in the event that a regular member of the review board is unavailable or in the event that any particular complaint or inquiry is directed towards a member of the review board. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2001, and to be presented for final passage on the 4th day of September,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of September, A.D. 2001. Mayor ATTEST: City Clerk 2