HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2013 - RESOLUTION 2013-101 AUTHORIZING A REVOCABLE PERMITAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY December 3, 2013
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
SUBJECT
Resolution 2013-101 Authorizing a Revocable Permit for Poudre Fire Authority to Use City Property for
Training Activities.
EXECUTIVE SUMMARY
The purpose of this Resolution is to authorize the City Manager to execute a Revocable Permit to allow
Poudre Fire Authority to use a vacant residential building on City Property for fire and life safety training
activities for a period of one year.
The City acquired a property at the southwest corner of Prospect Road and Timberline Road in 2006 as
part of a road improvement project. Poudre Fire Authority (“PFA”) was granted a revocable permit to use
a residential structure on the property to perform fire and life safety training activities. The permit will
expire in January 2014. PFA has expressed interest in extending the permit and City staff has agreed to
allow the training activities to continue for an additional year.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City property, located at the southwest corner of Prospect Road and Timberline Road, was acquired
as part of the Timberline Road Improvements Project - Prospect to Drake. The improvements on the
property at the time of the acquisition included a small vacant residential structure and four silos. After
the acquisition of the property, Poudre Fire Authority “PFA” requested permission from the City to use the
residential structure to coordinate and conduct various life and fire safety training exercises. The City
Manager issued a revocable permit to PFA to use and access the property for training, which will expire in
January 2014. PFA has expressed an interest in extending the permit for a year in order to continue their
use of the residence. Such an extension would exceed the City Manager’s authority to issue revocable
permits without City Council authorization. City staff has reviewed the request and agreed to allow the
use to continue for an additional year.
FINANCIAL / ECONOMIC IMPACT
City staff recommends the Revocable Permit be granted to Poudre Fire Authority at no cost. PFA will be
required to repair any and all damage as a result of their activities, as well as, return all physical
conditions to their original state at no cost to the City. PFA will also maintain the residence and perform
mowing activities, as needed, at their cost.
ATTACHMENTS
1. PFA Revocable Permit Location Map (PDF)
Attachment 1: Page 2 of 2
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RESOLUTION 2013- 101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR POUDRE FIRE AUTHORITY TO USE
CITY PROPERTY FOR TRAINING ACTIVITIES
WHEREAS, the City is the owner of a parcel of real property located at the southwest
corner of Prospect Road and Timberline Road in Fort Collins, Colorado, identified in the
Larimer County Assessor’s records as parcel number 87191-00-928 (the “City Property”); and
WHEREAS, the City Property was purchased as part of the Timberline Road
Improvements Project; and
WHEREAS, the City Property includes a small residential structure and silos; and
WHEREAS, in 2007 the City and Poudre Fire Authority (PFA) entered into an
intergovernmental agreement (IGA) allowing PFA to use portions of the City Property for fire
and life safety training purposes; and
WHEREAS, in 2013, through discussions between City staff and PFA regarding PFA’s
interest in continuing to use the City Property, it was determined that a revocable permit would
be a more appropriate means to authorize the use of property owned by the City than an IGA;
and
WHEREAS, in July 2013, pursuant to his authority under Section 23-116 of the City
Code, the City Manager granted a revocable permit to Poudre Fire Authority for six months to
conduct training activities in and around the residential structure on the City Property; and
WHEREAS, Poudre Fire Authority has asked for a one-year extension of that revocable
permit; and
WHEREAS, under the City Code, the City Manager may grant revocable permits only
for uses that can be completed within one year, so a one-year extension of the current six-month
revocable permit without City Council authorization would exceed the City Manager’s authority;
and
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to
permit the use or occupancy of any street, alley, or public place, provided that such permit shall
be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit; and
WHEREAS, the City has no immediate use for the City Property; and
WHEREAS, Poudre Fire Authority has agreed to maintain the residence on the City
Property during its use and mow the property as needed, at its cost.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the granting of a revocable permit
to Poudre Fire Authority, as described herein, is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as
are necessary to grant a revocable permit to Poudre Fire Authority, consistent with the terms of
this Resolution, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City or to effectuate the purposes of this Resolution, including any necessary
corrections to the legal description of the City Property, so long as such changes do not result in
a material increase or change in character of the Permit Area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of December A.D. 2013.
____________________________________
Mayor
ATTEST:
City Clerk