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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2001 - SECOND READING OF ORDINANCE NO. 26, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: February 20, 2001 FORT COLLINS CITY COUNCIL STAFF: John Fischbach Steve Roy SUBJECT: Second 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. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 26,2001,was unanimously adopted on First Reading on February 6,2001,removing 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 nat.ire of the DDA and the Housing Authority. 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 A Cmeye me a ptionyofption 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) H A t ist of boards and commissions of the City and place them in separ rticle a ini to horities of the City." This is in recognition of the quasi-auto ous n re of and t Housing Authority. Option A of 10 the Ordinance would accompli just fhi tz al cha .- 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 fro. theL Att ' e ic{a with representatives from the Downtown Development Au' my (' A") ort C ins Housing Authority ("Housing Authority")to discuss a propos bode cpe at g to the DE#A 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 Att e r e A the Ordinance(the option that does not include a UGA reside y requtr ent). p n wo low the Council more flexibility in selecting board members f the DD and s g Author , and the Council could evaluate, on a case-by-case basis, the resi of a ula plican 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 Latimer 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 Latimer County Housi tho ' c t g ctivities such as applying for additional vouchers, mom on issue side t U The DDA Board will be co his o ed rdinance d 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 I Council packet.