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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - SECOND READING OF ORDINANCE NO. 183, 2004, AMENDIN ITEM NUMBER: 34 AGENDA ITEM SUMMARY DATE: December 7, 2004 FORT COLLINS CITY COUNCIL STAFF: Ron Phillips SUBJECT Second Reading of Ordinance No. 183, 2004, Amending Section 23-114 of the City Code Concerning the Leasing of City Property at the Fort Collins-Loveland Municipal Airport. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY The Cities of Loveland and Fort Collins have been reviewing for approval ground leases for the construction of private hangars at the airport; these leases have been generic from one to the other and have been approved through the consent agenda. By giving the City Managers the ability to approve the leases it will expedite the approval process,reduce Councils work load and expedite the initial collections of lease payments. Ordinance No. 183, 2004, was adopted 6-1 (Nays: Councilmember Hamrick) on First Reading on November 16, 2004. ORDINANCE NO. 183, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-114 OF THE CITY CODE CONCERNING THE LEASING OF CITY PROPERTY AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS, the Cities of Fort Collins and Loveland, Colorado jointly own real property at the Fort Collins-Loveland Municipal Airport; and WHEREAS, the Cities have previously entered into an Intergovernmental Agreement ("Agreement") for the Joint Operation of the Airport ("Airport"); and WHEREAS,the Agreement provides that"management authority over airport operation and commercial,industrial or other operations and activities of any kind located on the Airport is vested jointly in the City Managers of the two Cities"; and WHEREAS, there exists a significant demand for leases of real property jointly owned by the Cities at the Airport for aeronautical and general aviation related uses; and WHEREAS, the City Council believes that it is in the best interests of the City to authorize the City Manager to enter into such leases on behalf of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-114 of the City Code is amended to read as follows: Sec. 23-114. Leases. (a) Notwithstanding the provisions of §23-111 of this Division, the City Council is hereby authorized to lease,for a definite term of two(2)years or less,any and all interests in real property owned in the name of the city, whether the interest in real property is obtained by tax deed or otherwise,provided that the City Council first finds, by resolution, that the lease is in the best interests of the city; provided, however, that any lease having a potential term of more than two (2)years, and any lease,regardless of term,of real property which is a part of the city's water or electric utility systems,must be approved by the City Council in the manner required by§23- 111. (b) Notwithstanding the provisions of §23-111 of this Division, the City Manager is hereby authorized to approve and execute lease agreements in real property owned in the name of the city and located at the Fort Collins-Loveland Municipal Airport, provided that: (1) the use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use; and (2) the use to which the real property is to be put is permitted by any land use or zoning codes or regulations applicable to the real property;and (3) the lease and the use to which the real property is to be put is in compliance with all Federal Aviation Administration and state laws, regulations, and agreements applicable to the property to be leased; and (4) the lease provides that the city shall receive a rental amount which is determined by the City Manager to approximate the fair market value for the lease of the real property; and (5) the real property to be leased is not a part of the city's water or electric utility systems. (c) Lease, when used in this Section, shall mean a contract by which the city grants to another the right to possess, use and enjoy any real property owned by the city for ten (10) days or longer, in exchange for the payment of rent in a stipulated amount. (d) Nothing in this Section shall be construed as prohibiting the City Manager from authorizing, according to the provisions of Chapter 7.5, Article I, fees for the temporary use of city facilities for a period of ten (10) days or less, and such use of city facilities by the feepayer shall not be construed as a lease of those facilities within the meaning of this provision. Introduced, considered favorably on first reading, and ordered published this 16th day of November,A.D.2004,and to be presented for final passage on the 7th day of December,A.D.2004. Mayor TTEST: City Clerk 1 Passed and adopted on final reading this 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: November 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Ron Phillips SUBJECT First Reading of Ordinance No. 183, 2004 Amending Section 23-114 of the City Code Concerning the Leasing of City Property at the Fort Collins-Loveland Municipal Airport. RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. FINANCIAL IMPACT There are no City expenses associated with this lease. The collections of ground rental income will probably start sooner as a result of this change. EXECUTIVE SUMMARY The Cities of Loveland and Fo%rt in e viewi r approval ground leases for the construction of private hangars at the airport;these leases have been generic from one to the other and have been approved through the consent agenda. By giving the City Managers the ability to approve the leases it will expedite the approval process, reduce Councils work load and expedite the initial collections of lease payments. If approved, the city managers will be authorized to approve and execute lease agreements in real property owned in the name of the city and located at the Fort Collins-Loveland Municipal Airport, provided that: • The use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use; and • The use to which the real property is to be put is permitted by any land use or zoning codes or regulo ap '6 lePtate prop y; and • The lease and the u to whic the re y is t e put is in compliance with all Federal Aviatio istr tto„ laws egulations, and agreements applicable to the property to be leased; and • The lease provides that the city shall receive a rental amount which is determined by the city manager to approximate the fair market value for the lease of the real property; and • The real property to be leased is not a part of the city's water or electric utility systems.