HomeMy WebLinkAbout169 - 12/19/2023 - AMENDING CHAPTER 2, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE EX-OFFICIO MEMBERORDINANCE NO.169,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2,ARTICLE III OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE EX-OFFICIO MEMBER
PROVISIONS FOR VARIOUS BOARDS AND COMMISSIONS
WHEREAS,the City has numerous boards and commissions,created by the City Council
by ordinances,that perform a wide range of functions,including advising City Council and City
staff on areas of particular knowledge or expertise;and
WHEREAS,on November 15,2022,the City Council adopted Resolution 2022-122
creating an ad hoc committee on boards and commissions (“Committee”)to consider and make
recommendations to improve efficiency and consistency of board and commission processes and
reduce barriers to participation;and
WHEREAS,on July 19,2023,at its final meeting,the Committee recommended to City
Council several changes to the composition and functions of several advisory boards,and
eliminating most one-year board member terms;and
WHEREAS,the City Council’s discussion included ex officio membership on City boards
and commissions;and
WHEREAS,an ex-officio member is an individual who serves as a non-voting member on
a board or commission because of a position they hold with a non-City organization;and
WHEREAS,the Committee recommended allowing an ex-officio representative from the
Housing Catalyst to serve on the Affordable Housing Board;and
WHEREAS,during its August 8,2023,work session,City Councilmembers expressed
interest in adding an ex-officio Housing Catalyst staff member to the Affordable Housing Board
because of their relevant knowledge and expertise;and
WHEREAS,current City Code provisions describing the membership of the Women’s
Advisory Board include ex-officio members from Colorado State University and Larimer County;
and
WHEREAS,on September 19,2023,City Council adopted Ordinance No.118,2023,
changing the name,functions and composition of what had been the Women’s Advisory Board to
the Women and Gender Equity and Advisory Board,effective January 1,2024;and
WHEREAS,effective January 1,2024,the membership of the Women and Gender Equity
and Advisory Board will not include ex-officio members;and
WHEREAS,during its October 24,2023,work session,Councilmembers expressed
interest in uniformity and consistency in determining which boards or commissions will be allowed
to include ex-officio members;and
WHEREAS,the Council work session provided input to staff about criteria to considered
in determining whether a board or commission’s membership should include an ex officio
members or members;and
WHEREAS,City staff has developed assessment tools and indicators for the City Council
to consider in deciding whether to allow ex-officio membership on a City board or commission;
and
WHEREAS,the assessment tools and indicators include whether the non-City organization
has and could lend relevant regional expertise,knowledge or experience to a City board or
commission through an ex-officio member,whether the non-City organization is nonpartisan,
governmental or a quasi-governmental entity;whether the organization includes members or
employees who are experts in areas that fall within the functions of the relevant board or
commission,whether the expertise or knowledge is needed on an ongoing basis,and whether the
work of the other entity aligns with the board or commission’s functions;and
WHEREAS,other factors that may apply include whether the City and the organization
are parties to an intergovernmental agreement,whether the City has a financial tie to the
organization and whether a City Councilmember serves as a liaison or board member of the
organization;and
WHEREAS,during the October 24,2023,work session,Councilmembers expressed
interest in eliminating all current ex-officio members from City boards and commissions;and
WHEREAS,during the October 24,2023,work session,Councilmembers encouraged City
staff to work with boards and commissions to provide input to City Council about ex-officio
membership through their annual work plan process and bring forth a recommendation for ex
officio membership if appropriate;and
WHEREAS,the Art in Public Places Board and the Water Commission membership
currently includes ex-officio members and the City Council is interested in amending the Code to
eliminate the ex-officio members until such time as the City Council may amend the Code to allow
ex-offlcio membership on this board or commission using the process described above;and
WHEREAS,the City Council finds that the proposed changes to the City Code are in the
best interests of the City and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That Section 2-102 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-102.-Affordable Housing Board.
(a)The City shall have an Affordable Housing Board,hereafter referred to in this Section as
the “Board.”The Board shall consist of seven (7)members.In connection with the solicitation,
consideration,and appointment of members to the Board,the City Council may give preference to
and consider an applicant’s experience or training in,or familiarity with,affordable housing issues,
including,without limitation,issues pertaining to development,finance,lending,charitable and
low-income services,and general community services.It is also desirable that at least one Board
member be a current or former resident of affordable housing.In addition to the seven (7)Board
members appointed by the City Council,the Housing Catalyst may appoint a representative to
serve as an ex officio nonvoting member to the Board.Such Housing Catalyst appointee shall not
be subject to any residency requirement,nor shall the ex-officio member be considered in
determining whether a quorum is present.
(b)The duties and functions of the Board shall be:
(1)To advise the City Council and City staff on all matters pertaining to affordable
housing issues of concern to the City;
(2)To advise and make recommendations to City staff,the Human Services and
Housing Funding Board,and the City Council concerning the expenditure of City funds
for affordable housing;
(3)To aid and guide the development of City-wide affordable housing programs to
address currently existing and potential affordable housing issues;
(4)To promote citizen participation and public education on City wide affordable
housing issues;and
(5)To be aware of and coordinate with the various other City boards,commissions and
authorities,City departments,and other organizations and entities whose actions may affect
affordable housing in the community.
Section 3.That Section 2-143 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-143.-Art in Public Places Board.
(a)The City shall have an Art in Public Places Board,hereafter referred to in this Section as
the “Board.”The Board shall consist of seven (7)members.Three (3)of the Board members shall
be arts professionals.For the purpose of this Section,arts professional shall mean a person who
has either a degree in a visual arts related field and/or extensive professional experience in the
visual arts.Upon the request of the City Council,the Cultural Resources Board shall recommend
to the City Council arts professionals for appointment to the Board.
(b)The Board shall have the following functions:
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(1)To advise and make recommendations to the City Council regarding incorporation
of works of art into construction projects and regarding expenditures from the art in public
places reserve account for artists,works of art and sites for placement of works of art,
following established and published guidelines;
(2)To advise and make recommendations to the City Council regarding the acceptance
of offers to donate art to be placed in public areas and regarding the site for placement of
such donated art;and
(3)To advise and make recommendations to the Director of Community Services and
the City Council as to rules,regulations,guidelines,policy,administrative and budgetary
matters pertaining to the art in public places program.
Section 4.That Section 2-178 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-178.-Water Commission.
(a)The City shall have a Water Commission,hereafter referred to in this Section as the
‘Commission.The Commission shall consist of nine (9)members.
(b)The general purposes of the Commission shall be to advise the City Council in matters
pertaining to water,wastewater and stormwater utility policy issues and to act as a quasi-judicial
body relating to certain matters.The Commission shall have the following functions:
(1)To advise the City Council regarding water rights planning,acquisition and
management;service and development fees;water rental rates;annual budgets;service
area delineation;master planning;development and design criteria;water conservation;
public information and education;drought emergency;regulatory issues;water quality
issues;and local,state and federal legislation;
(2)To act as a quasi-judicial body relating to floodplain regulation variances,
stormwater fee disputes,and storm drainage design criteria variances;
(3)To provide advice and citizen input regarding proposed policies and actions
affecting the customers of the water,wastewater and stormwater utilities;
(4)To advise the City Council regarding other water-related policy issues pertaining
to environmental and recreational uses of water,regional and state water issues and
projects and obligations to Fort Collins citizens outside of the water utility service area;
(5)To make recommendations to the City Council concerning stormwater facilities
in the City,including the appropriate division of the City into separate drainage basins.
These basins shall separately fund the stormwater facilities to be installed to serve each
basin.The Commission shall recommend the facilities needed for each basin to provide
adequate stormwater drainage in the basin.Such recommendations shall include the
following for each drainage basin:
a.The facilities to be installed;
b.The time and schedule for installation of facilities;
c.The method of assessing costs of facilities to be installed against property in
the basin;and
d.The portion of the cost of facilities to be funded by the property in the basin
and the portion,if any,of such cost which should be paid by the City as a whole;
Before making a recommendation for any stormwater project,the Commission shall
analyze the project and compare the total benefits to be achieved with the anticipated cost
of the project.Projects shall be recommended if the analysis indicates that the total
benefits are greater than the cost of the project;
(6)To review and make recommendations to the City Council on a master drainage
plan to be developed for stormwater facilities by the City administration,with such
recommendations to include proposed methods of funding any master drainage plan as
finally approved;
(7)To consider all variances and appeals from the application of the provisions of
the provisions of Chapter 10 of this Code,Flood Prevention and Protection;
(8)To hear the petition of any owner or owners of property in the City who dispute
the amount of the stormwater utility fee or stormwater basin fee made against such
owner’s property or who dispute any determination made by or on behalf of the City
pursuant to and by authority of Chapter 26,Article VII of this Code and shall make such
revision or modification of such charge or determination as it shall deem appropriate in
accordance with §26-520;
(9)To make recommendations to City Council regarding policy or technical matters
related to stormwater management.The Commission shall make comments on policy
items prepared by other City departments;and
(10)To hear the petition of any owner or owners of property in the City who dispute
or seek a variance in the City’s “Storm Drainage Design Criteria and Construction
Standards.
(c)Final decisions of the Commission under Subsections (b)(7),(b)(8)and (b)(10)shall be
subject to the right of appeal to the City Council as set forth in §2-46 et seq.
Section 5.That the revisions to the City Code set forth in this Ordinance will go into
effect on January 1,2024.
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Introduced,considered favorably on first reading and ordered published this 5th day of
December,2023,and to be presented for final passage on
City Clerk ~
ATTEST:
:3.
Passed and adopted on final
ATTEST:
City C1erk~