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Home My WebLink About087 - 07/20/2021 - AMENDING CITY CODE OF THE CITY OF FORT COLLINS TO CORRECT AND CLARIFY AN INADVERTENT CHANGE TO THE A ORDINANCE NO. 087, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CORRECT AND CLARIFY AN INADVERTENT CHANGE TO THE APPEAL TO THE CITY COUNCIL OF FINAL DECISIONS BY THE BUILDING REVIEW COMMISSION AND THE WATER COMMISSION WHEREAS, Chapter 2, Article 11, Division 3 of the City Code (the "Appeals Code") establishes a process whereby parties directly affected by the quasi-judicial decisions of City boards and commissions and certain other City decision makers may be appealed to the City Council; and WHEREAS, on February 24, 2020, City Council adopted Ordinance No. 020, 2020, repealing and reenacting the Appeals Code,including Section 2-47 that permits final decisions that are "expressly appealable to City Council under other provisions of [the Appeals Code]" to be decided by City Council; and WHEREAS, it has been determined that certain final decisions made by the Building Review Commission and the Water Commission were appealable to City Council under the prior provision of the Appeals Code, but with the change made to City Code Section 2-47 are no longer clearly appealable because such decisions are not "expressly appealable to City Council under other provisions of the Appeals Code"; and WHEREAS, City Council desires to clarify and,to the extent necessary, reinstate the right to appeal final decisions of the Building Review Commission and Water Commission as set forth herein to Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Article 1, Chapter 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 5.3 to read as follows: Sec. 5-3. - Certain appeals to be taken to city council. A final decision of the Building Review Commission regarding application of the International Codes adopted in this Chapter 5 of the City Code may be appealed to City Council under Chapter 2, Article II, Division 3 of the City Code. Section 3. That Section 15-156 of the Code of the City of Fort Collins is hereby amended to read as follows: -1- Sec. 15-156. - Duties of Building Review Board; Appeal. (a) The Building Review Board shall have the duties and perform the functions as set forth in § 2-1 l 9 of the Code, which duties and functions include, without limitation. hearing all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code. The Building Review Board is authorized, upon appeal in specific cases, to grant variances from the terms of this Article, where the strict application of any provision of this Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated; or, when such applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in this Article. such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought,and provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. (b) A final decision of the Buildint Review Commission regarding suspension or revocation of a license under this section may be appealed to City Council under Chapter 2, Article 11, Division 3 of the City Code. Section 4. That Section 10-28(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-28. - Appeals/variance procedure. (a) The Water Board, as established in S 2-436, shall hear and decide appeals from decisions of the Utilities Executive Director and requests for variances from the requirements ofthis Article. Any final decision of the Board may be appealed to City Council under Chapter 2. Article 11, Division 3 of the City Code. -2- Introduced, considered favorably on first reading, and ordered published this 6th day of July, A.D. 2021, and to be presented for final passage on the 20th day of Jul , A.D. 2021. ATTEST: o�VoRr co�4 City Clerk " SEAL • •'o Passed and adopted on final reading day of July, A.D. 2021. or ATTEST: r City Clerk e rYL .N SEAL -3- Account##: FTC-003160 FORT-COLLINS Invoice Text U __.J0jW_ _ _uu Ol NOTICE IS HEREBY GIVEN that the Fort Collins City Count STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER) CITY OF FC-CLERIC-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that Collins, in said county and state; that the notice or advertisement, panted and which the in the City of Fort _- _ _ .._ Y p p of general circulation a the same is a daily news a er verttsement, of which the annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper on 07/11/21 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. e Legal Cleric Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 11 th of July 2021. Notary Public Notary Expires VICKY FELTY Notary Public State Of Wisconsin LegalNo.0004813484 Ad#:0004813484 Affidavit Prepared P O: Ords Passed and Adopted Sunday,July 11,2021 2:48 am This is not an invoice #of Affidavits 1 NOTICE IS HER G1yEN that the Fprt CoEltns City:.Council,;on-Tuesday,' July`6,2021rAassed and-oaopted 3fie;fot lowing;;;ordinances on ;first reddIng.'` These;'ordinances will 6e:presented farF= final Rassage on,Tuesday,July.2G;2021: ORDI NANCE.NO.085,2021. OF:THE COUNCIL IOF THE'CITY OF: FORT-: COLLINS .;'APPROPRIATING::: "PRIOR`±YEAR..RESERVES FROM:THE ;:'PUBLIC, :EDUCATIONAL' ERNMENTAL`IPEG) PROGRAMMING` P.UND IN-:THE;GENERAL.FUND:FOR' FC PUBLIC MEDIA ORDINANCE NO.618 2021 OF3THE..COUNCIL OF.THE.CITY.OF COLLINS . APPROPRIATING.,UNANTICIPATED. 'REVENUE'' FROM i PHILANTHROPIC :,'DONATIONS'; RE= CE.IVED BY.CITY GIVE TO SUPPORT' THE OPERATIONS: OF 1 THE GAR- DENS.ON SPRING CREEK ORDI NANCE NO.072,2021 OF THE COUNCIL OF;THE,:C:ITY;:OF:`. FORT`COLLINS:AMENDING`SECTION 2.568 OF THE CODE OF THE CITY OF FORT COLLINS.RELATING TO.ETHI CAL:RULES:OF.:CONDUCT,FOR QUA- . SI-JUDICIAL i;'ICOMMISS[ON' `MEM- BERS (3RDINANCE WAR;2021 OF T4 COUNCIL OF THE.CITY OF,} FORT - COLL-INS �A'MENDING '_THE,' CODE ;IOF,', ,THE .CITY: 'OF .FORT" COLLINS, TO:CORRECTIAND,CLARI= FY AW:'INADVERTENT":`CHANGE" TO'�' :THE APPEAL TO,THE;CITY.:COUNCIL, OF FINAL",DECISIONS BY!.. 7HE;. BUiLDlNG.:.;:`REVIEW. ;COMMISSION' AND THE WATER COMMISSION. ORDINANCE NO 688,2021 OF THE COUNCIL, OF'THE CITY; OF; FORT.. COLLINS 'ANNEXING THE ;PROPERTY KNOWN ,: AS ` ;THEr NORTHEAST:FRONTAGL ROAD;:AN- NEXATION TOs:THE"CITY OF FORT: COLLI NS,;:COLORADO ORDINANCE NO o89 2021 OF THE COUNCIL OF .THE CITY O.F 'FORT 'COLLINS AMENDING .TH ZONING::MAP OF THE"CITY OF FORT' COLLINS` AND '.CLASSI FYI NG :FOR.:. ZONING,'PURPOSES THE PROPERTY:'l :. 'INCLUDED IN ' THE '>NORTHEAST. FRONTAGE,:ROAD ANNEXATION : .TO THE CITY 'OF FORT COLLINS, COLORADO,:AND APPROVING=COR- RESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP_ AND ;THE;: LIGHTING CONTI=XT AREA MAP ORDINANCOF THECOUNCILNOF THE0CITY OF FORT COLLINS AMENDING THE .ZONING MAP OF THE CITY OF FORT "COLLINS .BY .CHANGING THE''ZON- ING CLASSIFICATION FOP,, THAT. CERTAIN PROPERTY.' KNOWN';AS, THE.'NORTHEAST. ;PROSPECT.&;:I:25;' REZONING .AND.:: MAKING CORRE.' SPONDING•CHANGES:TO:THE'L:IGHT- ING CONTEXT,AREA MAP,.AND,RESI= DENTIAL NEIGHBORHOOD SIGN' DISTRiCTMAP OF THE C UNCCIE OF THE,CITY OF FORTaCOLLINS AMENOING.CHAP TER 26::OF,THE CODE OF THE:CITY. OF FORT COLLINS RELATED TO ' . ER tWATER,. WASTEWAT fo pl/fAND fcg 'RTE ,, AND. orby calling the CELECTRIC oVt:;cornlerpkusti liOcfnfoictec eastCHARGES;APPLIED UNDER THE:!N (970)221-6515: y C 'COME QUALIFIED ASSISTANCE PRO- G RAM 0004813484 Coloradoan The full Text of these ordinances can be July 11,2021 Account#: FTC-003160 CO FOIST-COLLINS OR_ A - D Invoice Text_N NOTICE IS HEREBY GIVEN that the Fort Collins City Couna� OA )L - - ------... ... STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort _.-.—G.ollins,sn_.said_county and state;_that..the_notice-or advertisem.ent,.of..wvhich_.the_annexed_is_a_true_—.___.__.__. copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper on 07/25/21 NOTICE lS1.HI"REeY GIVEN tizat the.'''_ that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the Fort;Col Itns City CoUnCIh on Tuesday ;, period of at least six months next prior to the first publication of said notice or advertisement above July=20, 2021,°_passed and adopted E the followlhg ordinances omsecond,reoidin9 referred to; that said newspaper has been admitted to the United States mails as second-class matter ORDINANCE ND'f)72 2021 under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said OF T+IE.COUNCIL..OF .THE CITY of ' newspaper is a daily newspaper dul qualified for publishinglegal notices and advertisements within FORT COLLI.NS-AMEND[NG.SECTION' y y 2.568 OF THE`COD OF THE CITY OF the meaning of the laws Of the State Of olorado. FORT,COLLIN RE�LATING TO�ETHl_J CAL RULES.OF .,CONDUCT FOR QUA- 'S'JUDICIAL ,<ti COMMf5510N MEM-' BEP ORDINANCE NO;085,202) OF"Ti4E COUNCIL OF"THE CITY OF .FORT, COLLINS APPROPRIATING'. PRIOR YEARI'RE5ERVES FROM,THE Legal Clerk ,,:PUBLIC,::EDU.CAT.:IONAL AND=GOW ,ERNMENTAL�'(PEG) PROGRAMMING.., FUND'IN THE>GENERAL,FUNK FORSubscribed and sworn to before me,within the County of Brown,State of Wisconsin this FC PUBLIC MEDIA 25th of July 2021. ORDI NANCE N0.086,2021 �OF'THE.:COUNCIL.;OF;°THE::CITYOF :'FORT• COLLINS `'APPROPRIATING UNANTICIPATED REVENUE FROM PH1L'/1NTHROPIC} rDONAT14N5 REi SryL y _ CEIVED 9Y ClTY GIVE TO SUPPORT ORDINAN l ( 09 '`{�' THE OPERATIQNS3 OF THE 3 GAR OF THE:;COO PM) O l TYr OF iDENS N SPRING CRI° K FORT COLLINS AM NDI�Ia 3HE I ZONING lNAP OF7HE CIT' ,4F FORT ORDINANCE NO,,087 2021; ZONINGs'.PURPO5E5 THE PRPIW9TY OF THE COU.NCIL,OF'THE CITY OF INCLl1DD !N .<THE .-.NORTHEAST Notary Public FORT, COL INS AMENDING; THE FRONTAGE ROAb ANNEXATION TO ODE: OF THE: CITY OF .'FORT THE C17Y OF` FORT COLLINS OLL1N5 TO CORRECT AND CLARI COLORADO AND. APPROVING COR 3 Y AN 1NAOVERTENT CHANGE TO ;RE5POND[NG CHANGES' TO :THE . THE APPEAL:TO THE:CITY COUNCIL RESIDENTIAL NE[GIBORHOOD J OF 1FINAL; DECISIONS,_'' THE , BUILDING REVIEW:,,.,:-COMMISSIDN SIGN DISTRICT` MAP AND THE AND.THE WATER COMMlSSION'i L[GHTING CONTEXT AREA MAP Notary Expires ORDINANCE NO :088,2021ORDNC80,490. 7�OR1 OF THE COUNCIL OFiTHE CITY OF OF THE COUNC[L OF, IH CITY OF I FORT>: COLL`LCdS ANN>�?CXG 'TH)=i PRo ,ERTY �� N 1�N Asp iT �3 i. FORT CQLL14Y's AMgmpt�G NORTHEAST 'FI�OT�1L?E ROAD A ZONING MAP QF THEE#CSY'C4V. 3RT, N1=XATIONE Tb`THE WTM` �,v FO Tt> ' coLLI,Ns BY4CHANGIIGt H1=` Legal No.0404834933 COLLINS COt:ORADO ING 'CLgS51F,1:CATlO FOt2 T CERTAIN PROPERTY,`,NeiCNO1f1 `AS THE :NORTHEAST PR�"�i' 0`§"C � 125 Ad#:0004834933 RHZONlNG 'AND MAK1 �' O:I�RE Affidavit Prepared SPONDING..CHANGES T,(5�T"�E IOHT P O: Second Reading 7I20 I NG`CONTEXTAREA MAP AND RESI Sunday,July 25,2021 2:48 am This is not an invoice `D STRICTMAPIGHBORHOOD SIGN #of Affidavits 1 The full text of these ordinances can tse' V I C KY F E LTY found at http!(fcgov cogn/pEi ]IcltRtices or by;calnng the clty Clr>t , t qt Notary Public State of Wisconsin Coloradoan July 25,2021 ... ..._ _� .,