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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2005 - FIRST READING OF ORDINANCE NO. 029, 2005, AMENDING ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: March 1, 2005 FORT COLLINS CITY COUNCIL STAFF: Linda Samuelson SUBJECT First Reading of Ordinance No. 029, 2005,Amending Chapter 15 of the City Code Relating to the Definition of Outdoor Vendor Licensees and Downtown Plan Area Concessionaires. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Chapter 15, Article XIV of the City Code defines various terms used in that Article which pertain to the licensing of"outdoor vendors." This Ordinance would establish a distinction between outdoor vendors and"downtown plan area concessionaires." Staff recommends adoption of the Ordinance, as it was the original intent to differentiate between the two different operations when the Outdoor Vendor Ordinance was revised in 1994. The amendment to the Code would reflect what the working procedure has been sincel994. BACKGROUND Council adopted Ordinance No.036, 1994 on March 15, 1994, which revised the Outdoor Vendors provision of the Code. The revision gave authority to the City to create concession sites or non- concession sites on the public right of ways. From that language, the downtown concession area process was initiated. Council adopted Resolution 1994-053, also on March 15, 1994, which created a Site Selection Committee for the Downtown Plan Area to establish downtown sites to be utilized for outdoor vending. The Committee consists of one permanent downtown vendor, one outdoor vendor, the Downtown Business Authority Director and representatives from Planning,Zoning,Transportation and Finance also review deletions or additions of sites. As Downtown Plan Area concessionaires apply and are granted outdoor vending sites through a different process and with different decision-makers pursuant to an agreement with the developers of the downtown plaza, the definition of outdoor vendors must be modified. r V � � 1 / '� �'�� / �� -• 1S SM3HIVW f / / AL, J� N Jim Ila, IL �< "l \ 16 O �I 1S NOlONIW321 v > r � I • 1 1 J r _ , -- ' f 00 NO H m LL O ... -_3AV 3091700 N -_. - , _..... ..._3hd aDT 1'100 S n� N � eat L_ IWlow Q J ' W F Y 16- C�/�/ NOStlW 9 N vn � o I I I i r _ III I __` Z 15 S3MOH N 1S S3MOH S ORDINANCE NO. 029, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE DEFINITION OF OUTDOOR VENDOR LICENSEES AND DOWNTOWN PLAN AREA CONCESSIONAIRES WHEREAS , Council adopted Resolution 1989- 145 on September 5 , 1989 approving the Fort Collins Downtown Plan; and WHEREAS , Council adopted Ordinance No . 036, 1994 on March 15 , 1994 amending Chapter 15 of the City Code, and defined when outdoor vendor licenses should be issued to outdoor vendors ; and WHEREAS , in July, 2004, the Finance Department, with the assistance of the City Attorney' s Office, began reviewing the City Code regarding outdoor vendors and downtown plan area concessionaires to determine if any updates or changes were needed; and WHEREAS , in the course of its review, the Finance Department discussed the purposes and functions of outdoor vendors and concluded that the City Code lacked a definition for outdoor vendors in the Downtown Plan Area; and WHEREAS , the City Code should be amended, as it was the original intent to differentiate between the two different operations when the Outdoor Vendor Ordinance was revised in 1994 ; and WHEREAS, it is in the best interests of the City to amend the City Code to clarify the difference between an outdoor vendor and a downtown plan concessionaire in the Downtown Plan Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 15 -381 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (c) which reads in its entirety as follows : Sec. 15-381 . Outdoor vendor defined; exemptions. • • c • Outdoor vendor licenses will not be issued for locations within the Downtown Plan Area. Instead, city concession agreements shall be awarded to outdoor vendors within the Downtown Plan Area pursuant to a Request for Proposals process for a limited number of locations within said area. Introduced, considered favorably on first reading, and ordered published this 1 st day of March, A.D . 2005 , and to be presented for final passage on the 15th day of March, A.D . 2005 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of March, A.D . 2005 . Mayor ATTEST : City Clerk