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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2003 - SECOND READING OF ORDINANCE NO. 080, 2003, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 11 DATE: June 3, 2003 FORT COLLINS CITY COUNCIL FROM: Steve Roy/ John F. Fischbach SUBJECT : Second Reading of Ordinance No. 080, 2003, Amending Subsection 2-31(a)(3) of the City Code Pertaining to Executive Sessions Convened for the Purpose of Considering Water and Real Property Acquisitions and Sales. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 080, 2003, which was unanimously adopted on First Reading on May 20, 2003, amends the provisions of the City Code pertaining to executive sessions that are held for the purpose of considering water and real property acquisitions and sales by the City. The amendment would 410 eliminate Code language which presently restricts such discussions to the consideration of appraisals and other value of estimates and the consideration of strategy for the acquisition or sale of such property. ORDINANCE NO. 080, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SUBSECTION 2-31(a)(3) OF THE CITY CODE PERTAINING TO EXECUTIVE SESSIONS CONVENED FOR THE PURPOSE OF CONSIDERING WATER AND REAL PROPERTY ACQUISITIONS AND SALES WHEREAS, the City Charter, in Article H, Section 11, and the City Code, in subsection 2-31(a)(3), permit executive sessions to be held for the purpose of considering water and real property acquisitions and sales by the City; and WHEREAS, the City Code provision pertaining to these kinds of executive session discussions is more restrictive than the City Charter provision and confines such discussions to the consideration of appraisals and other value estimates and the consideration of strategy for the acquisition or sale of such property; and WHEREAS, questions of interpretation have arisen with regard to this Code language; and WHEREAS, it is important for the City that the City Council be able to discuss potential water and real property acquisitions and sales in executive session so that the negotiations related to such acquisitions and sales are not compromised by the premature public disclosure of the City s level of interest in a particular parcel of property, its strategy for the acquisition of the property, or the maximum amount that the City is willing to pay for the property; and • WHEREAS, in order for the City Council and any affected City boards or commissions to properly confine their executive session discussions to permitted topics, the regulations governing such discussions should be unambiguously stated; and WHEREAS, the City Council wishes to clarify the permissible scope of executive session discussions pertaining to the acquisition and sale of water and real property; and WHEREAS, the simplest approach to amending this Code provision is to eliminate the foregoing limitation and to have the language of the provision simply mirror the language of the City Charter, which states that executive sessions may be held to "consider water and real property acquisition and sales by the city'. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that subsection 2-31(a)(3) of the City Code is hereby amended to read in its entirety as follows: (3) Consideration of water and real property acquisitions and sales by the city. Introduced and considered favorably on first reading and ordered published this 20th day of May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003. Mayor ATTEST: I& City Clerk ' Passed and adopted on final reading this 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 19 DATE: May 20, 2003 FORT COLLINS CITY COUNCIL FROM: Steve Roy/ John F. Fischbach SUBJECT: First Reading of Ordinance No. 080, 2003, Amending Subsection 2-31(a)(3) of the City Code Pertaining to Executive Sessions Convened for the Purpose of Considering Water and Real Property Acquisitions and Sales. RECOMMENDATION: Staff recommends adoption o CeOrdinj jceoPtRezdying EXECUTIVE SUMMARY: Adoption of the Ordinance would amend the provisions of the City Code pertaining to executive sessions that are held for the purpose of considering water and real property acquisitions and sales by the City. The amendment yvou el' in to an uage hich presently restricts such discussions to the consideration of appr als an Fer lu timates and the consideration of strategy for the acquisition or ale of su pro BACKGROUND: In 1975,the City Code was amended to specifically authorize the City Council to conduct executive sessions, that is, sessions convened as part of a regular meeting that are closed to the public. Similarly,the City Charter was amended in 1977,by a vote of the people,to authorize such sessions. Both the City Charter and the City Code include among the permitted purposes for executive session the consideration of water and real property sales and acquisitions. However, the City Code language regarding such discuss; i (te ' Vey Charter language. Article II, Section 11 of the City Chart situpns may be held, among other purposes,to"consider water an real proy the city." Section 2-31(d)(3) of the City Code states that s k,�egecussions about water and real property acquisitions or sales must be"restricted to consideration of appraisals and other value estimates and the consideration of strategy for the acquisition or sale of such property." The Code language limiting this topic of discussion in executive sessions has been in place since 1976. Recently, questions of interpretation have arisen regarding the meaning of the limitations. City staff recommends that this provision be amended and made consistent with the City Charter provision so as to eliminate any question of interpretation or ambiguity. Staff continues to believe that the ability to discuss proposed acquisitions or sales of water and real property in executive session is important to the City, since the premature public discussion of the City's level of interest in a particular property, its strategy for negotiating the acquisition or sale of DATE: may ITEM NUMBER: such property, or the maximum amount the City may be willing to pay or accept for such property could seriously compromise the City's ability to sell or buy property on the most favorable terms. Adoption of the proposed ordinance would amend the language of the City Code to track the / language of the City Charter and would authorize executive sessions for the consideration of water and real property acquisitions and sales by the City without limiting which aspects of a proposed transaction can be discussed in executive session.