HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2001 - FIRST READING OF ORDINANCE NO. 26, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 34
DATE: February 6, 2001
FORT COLLINS CITY COUNCIL STAFF: John Fischbach
Steve Roy
SUBJECT:
First Reading of Ordinance No. 26, 2001, Amending Chapter 2 of the City Code So as to Create a
New Article Pertaining to Authorities of the City (Options A and B).
RECOMMENDATION:
The City Manager and City Attorney recommend adoption of Option A of the Ordinance on First
Reading.
EXECUTIVE SUMMARY:
The City Attorney has recommended adoption of this Ordinance so as to remove the Downtown
Development Authority(DDA)and the Housing Authority from the list of boards and commissions
of the City and place them in a separate article pertaining to "Authorities of the City." This is in
recognition of the quasi-autonomous nature of the DDA and the Housing Authority. Option A of
the Ordinance would accomplish just this organizational change. With that change, the DDA and
Housing Authority would no longer be governed by the City Boards and Commissions Manual.
Consequently, members of the boards of these authorities would no longer be subject to the
requirement that they reside within the Fort Collins Urban Growth Area (UGA). Option B of the
Ordinance would re-impose that UGA residency requirement upon the members of the boards as part
of the Code provisions.
BACKGROUND:
Recently, representatives from the City Attorney's Office met with representatives from the
Downtown Development Authority ('DDA") and the Fort Collins Housing Authority ("Housing
Authority")to discuss a proposed Code change relating to the DDA and the Housing Authority. The
purpose of the proposed change is to relocate the Code provisions pertaining to the DDA and the
Housing Authority and to move them from the portion of the Code that deals with boards and
commissions to a new article that would deal only with "authorities" of the City.
The reason for the change is that the DDA and Housing Authority are not actually boards and
commissions of the City. Once they have been established by the Council,the DDA and the Housing
Authority become separate legal entities from the City, although the Council continues to exercise
certain powers over them that are authorized by either the state statutes or the City Code. Thus,the
change is intended to avoid any confusion about the relationship of the City to the DDA and the
Housing Authority, and more accurately reflect in the Code the quasi-autonomous nature of these
entities.
DATE: February 6, 2001 2 ITEM NUMBER: 34
In making the change, however, another question has arisen. That question is whether the UGA
residency requirement that presently exists for board and commission members should be added to
the new Code provisions pertaining to the DDA and Housing Authority, since the boards and
commissions manual will no longer apply to them.
Option A of the Ordinance would move the DDA and the Housing Authority from the article dealing
with boards and commissions of the City to a new article entitled "Authorities of the City." Option
B of the Ordinance would accomplish the same Code change and would also add a requirement that
the board members of each authority reside within the Urban Growth Area of the City.
The City Manager and City Attorney are recommending Option A of the Ordinance(the option that
does not include a UGA residency requirement). Option A would allow the Council more flexibility
in selecting board members for the DDA and Housing Authority, and the Council could evaluate,
on a case-by-case basis, the residency of a particular applicant and consider whether the applicant's
place of residency might affect the applicant's service if appointed to the board.
The Housing Authority Board met on January 25, 2001, and moved to recommend that Housing
Authority Commissioners be permitted to reside outside of the UGA. The Board believes that to be
important, since the Housing Authority is,by contract,responsible for all Latimer County Housing
Authority activities. Even though the Larimer County inventory only consists of approximately 35
Section 8 vouchers at this time, the Board feels it is important to pursue any and all activities to
increase Larimer County Housing Authority's capacity through activities such as applying for
additional vouchers, monitoring issues outside of the UGA,etc.
The DDA Board will be considering this proposed Ordinance and the related issues at its meeting
on February 1, 2001. A memo from Jay Hardy, the DDA's Director, summarizing the Board's
discussions and recommendation will be provided to Council under separate cover in the February
1 Council packet.
OPTION A
ORDINANCE NO. 26, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS
SO AS TO CREATE A NEW ARTICLE PERTAINING TO
AUTHORITIES OF THE CITY
WHEREAS, Chapter 2,Article III of the Code lists the various boards and commissions of
the City and contains other provisions relating to such boards and commissions; and
WHEREAS,the Downtown Development Authority("DDA")and the Fort Collins Housing
Authority ("Housing Authority") are included in this listing; and
WHEREAS, the DDA is created by ordinance of the City Council and is subject to
dissolution by the Council,but,once established,is a separate corporate entity from the City and is
not a board or commission of the City; and
WHEREAS, similarly, the Housing Authority, once established by the City Council in the
manner provided by state statute, is a body both corporate and politic and is a separate legal entity
from the City, rather than a board or commission of the City; and
WHEREAS,because the DDA and the Housing Authority are not boards and commissions,
but rather, authorities of the City, the provisions of Chapter 2 of the City Code should be amended
so as to remove the DDA and the Housing Authority from the article dealing with the boards and
commissions, and place them in a separate article pertaining to authorities of the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 2,Article III of the City Code is hereby amended so as to repeal
the text of Divisions 13 and 16 thereof, leaving only the titles of said divisions in Chapter 2,Article
III, together with editor's notes referencing the fact that provisions relating to the creation,
membership, powers, duties etc. of the Downtown Development Authority and the Fort Collins
Housing Authority are to be found in a new Article IV of Chapter 2, pertaining thereto.
Section 2. That Chapter 2 of the City Code is further hereby amended by the addition
of a new Article IV thereof, which shall read in its entirety as follows:
ARTY{
DIVISION i. DO WGW]4Fb., k Oki)*"..,—TH�
S�e� -4G1.{��, ation
Stiff =462 MetnNeirsbxpi erm:
M z
att, membe�s �es d ga � 1
s
Junsdi f 6;fi
The authonty shall exert its powers wttttin theEioitndaries of an,area on a uiap
w`hrch xs oirl�in the=t✓ity' , era's office. ..
Seca 2-464. Conflicts of interest.
The officers and employees of the authority shall be governed by tho applicable
stafe statptory.rules of ethtcal' onduct anti s cat persons sltaill e expressly exempted
front the provisions of Affi6le'N,Section��df the Charteri
S& 2-465. Functions:
The authority shalt be a,body corporate with all the purposes,and powers
authorized by Title 31,"Article 25 Part 8,"CiAI,and all additional and supplemental
powers necessary or convenient to catty t and effectuate the purposes and
provisions of-said statutes.
See:2-466. Minutes;'antinal report;wox`kplan
The authority shall take and file minutes in accordance;witli the requirements of
§ 2-73 of this Code. On or before Januarj+31,df each year;the Authorify.'shall file a
report with the City Clerk setting forth the activities of the authority for the previous
. X fore No etaabor .pf each year, the:authoiity shah file a`<4vo k gran
et�i �te�tyZClerk fo'iiAe fiilfo4ving:year.
Seib:2=467 2-472. R erred
DISff?1� y'�f�0U51N��1.�O1tF1':
r x
Ail
o4m[ril Cnhr" d I
be eii,offiCIO a Cttau
(2) Alternatively,;they authrihi,Ztshall; o11s} E p �eue[t {7 , 0 s
apptzrt►ted as setforth an �ecf�on� ��"�'�) ��1t � "'h
coritttttssioner§'rnay lse a cif ctlflCigl. bra tt � t�If,
each commissioner shall°serve withoutcop�i psation fora rni of ive 5)
years:No commissioner shall serve'mote°Clranttivo(2}full,ctFYiseo'otrve terms':
See.2-415 Conflicts of interest.
The officers and employees of the authority sli Ail'he govemed•by the applicable
state statutory,rules of ethical conduct and said persons shall be expressly exempted
from the provisions of Article FV, Section 9 of the Charter:
Sec.2-476 Minutes; annual report;work plan.
The authority shall take and file minutes in Accordance,with the requirements-of
§ 2-73 of=this Code. On or before January,31 of each year, the authority shall file a
report with the City Clerk setting forth the activities of`tite authority for the previous
year:On or;before November 30 of each year;the anthonty;shall file a'work plan
with the City Clerk for the following, car.
Secs.2-477-2-482. Reserved.
•
DIVI dI t;LTQCTpR °n. ,., L " t fFT4 k Ty
Editor's noEc. Thetz{uor ,tcensittittY €eaF #tretn6hshp powers;
dtit el,;etc.,"dire coma li'd u t; '§3- 1' J 11 ;
Section 3. That the existing Articles IV through VII of Chapter 2 are hereby renumbered
as Articles V through VIII of the Code, with the sections of each such article to be renumbered
accordingly.
Introduced and considered favorably on first reading and ordered published this 6th day of
February,A.D. 2001, and to be presented for final passage on the 20th day of February,A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
OPTION B
ORDINANCE NO. 26, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS
SO AS TO CREATE A NEW ARTICLE PERTAINING TO
AUTHORITIES OF THE CITY
WHEREAS,Chapter 2, Article III of the Code lists the various boards and commissions of
the City and contains other provisions relating to such boards and commissions; and
WHEREAS,the Downtown Development Authority("DDA")and the Fort Collins Housing
Authority ("Housing Authority") are included in this listing; and
WHEREAS, the DDA is created by ordinance of the City Council and is subject to
dissolution by the Council,but,once established,is a separate corporate entity from the City and is
not a board or commission of the City; and
WHEREAS, similarly, the Housing Authority, once established by the City Council in the
manner provided by state statute, is a body both corporate and politic and is a separate legal entity
from the City, rather than a board or commission of the City; and
WHEREAS,because the DDA and the Housing Authority are not boards and commissions,
but rather, authorities of the City, the provisions of Chapter 2 of the City Code should be amended
so as to remove the DDA and the Housing Authority from the article dealing with the boards and
commissions, and place them in a separate article pertaining to authorities of the City.
-4 WHEREAS,the DDA is under the direct supervision and control of a board that is appointed
by the City Council; and
-4 WHEREAS, pursuant to the provisions of Section 31-25-805 and 806, each appointed
member of the DDA board, except any member who is also a member of the City Council, must
reside, be a business lessee or own real property in the Downtown Development District, and the
majority of such members must reside or own property in said District; and
-4 WHEREAS, the Housing Authority consists of commissioners who are also appointed by
the Council in the manner provided in Section 29-4-205 C.R.S.; and
♦ WHEREAS, the City Council believes it to be in the best interests of the City that all
members of the DDA Board and Housing Authority Board be residents of the Fort Collins Urban
Growth Area; and
—1� WHEREAS,new provisions should be added to Article IV,Chapter 2 of the Code to require
that the board members of the DDA and Housing Authority reside within the Urban Growth Area
of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 2,Article III of the City Code is hereby amended so as to repeal
the text of Divisions 13 and 16 thereof,leaving only the titles of said divisions in Chapter 2,Article
III, together with editor's notes referencing the fact that provisions relating to the creation,
membership, powers, duties etc. of the Downtown Development Authority and the Fort Collins
Housing Authority are to be found in a new Article IV of Chapter 2, pertaining thereto.
Section 2. That Chapter 2 of the City Code is further hereby amended by the addition
of a new Article IV thereof, which shall read in its entirety as follows:
A x --4fr2. tl � k
fa) lYTer,3b�r�'tifu' i` t'tto�d„o'�;t�eautho� ��eapp_ `' �re�o1`uono£�he
2
t�"��,`ot�ttCtf;�1�$t�l1Y��tt ��C3111Stst 0 � y ,�F itfettl w 'it`($'��`��S+1tIC�t
erresidents,tandovznertittortantswstlir liotindariesbtid`arithorty,andone
(1}of which�s a Cityoitttoiltiember.
(b) Terms of offiee„,appointments, removals,and the 'filling of vacancies of
autf ortty bond triemb shaft be establishes a6,4 govetned asset forth ih Title 31,
Article 25,Fait$;C.R 5 1 o''meif ber shalfi§ia "i iore tlian ti ti 2j cortsenirGve four-
year terms.
(c) All members of the lioard of the authority shall be residents of the Urban
Growth Area of the City..
Sec.2-463. Jurisdiction.
The authority shall exercise its powets,Within the boundaries of an area on
map which is on'file in the City Clerk's office.
• sec.;2i Conflict bi'm �sest
The affieers atct employees of ifie authority shall he govined by the
appheab C dstatutoiryrules€�f thiettik1 5 d sef a� sad pet u a hl e�tpressiy
ex emptciYflte pty�siona� i Acttel .,3,, 'ccot of the ,; .,,, i
See.25t l `tineti� s
r
f
po
* aSl
pil
ify rf x
O
pla4
Secs 2442-472. Reeved
..:
.2 HOtT3IN9 APi,I` biLlT=�!
Sec?.:1—3. Creation.
There shall be and is heteby created a Hous ng Authority;hereafter referred
to in this Division as the "ailthoity."
Sec.2-414 Membership;term:
The authority shall consist of commssioners selected lair the City Council in
the manttet provided in either Subsection 0 or(2)of this Soctiiyit;
(1) The City Council may provide that its members shall ex officio be
appointed the'coi»missiairars',(jf the;uihority,,itnj,wt ich.event the
terms of office of such coif[� ;,on ns Shall ba edtertmti¢}is with their
terms of office on the Gty:C tinctl.a ILnder this tnetho¢crf selection,
the Mayor and ivla'or Pfti Teni shall beex off e%ti the chait and vice-
chair,respectively,of the commissioners:
(2) Alternatively,the authority shalt corisist of sevepi(, }commissioners
appointed as set forth in $eciiort*4-205, C;Tt:S:'One f 1) of such
• commissioners may be, a city 'official. Linder this; method of
appo�ntttll
fi�t�te ,�' ����� Ztittr�bk�CUs5�1a .- _ _ . aithatr
(3) � d�daTi 'au# t{F# _s�i.,., .. . ;restfzrfthe
th a�r�#off' 'e ptty;
QU45 'lstc�f�tnt
F
,su aTk
f
E ns note The.Liquor Lrcenstng'AtYthgiity 'cre ttdn .'2p p1 i , p.`Pdwers,
dtYt e9,�etc., ard�conta ned th §§-3-31 thi6ugh 3-36.
Section 3. That the existing Articles IV through VII of Chapter 2 are hereby renumbered
as Articles V through VIII of the Code, with the sections of each such article to be renumbered
accordingly.
Introduced and considered favorably on first reading and ordered published this 6th day of
February,A.D. 2001,and to be presented for final passage on the 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk