HomeMy WebLinkAbout089 - 06/06/2006 - AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CITY CODE WITH REGARD TO THE GROUNDS UPON WHICH AP ORDINANCE NO. 089, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CODE
OF THE CITY OF FORT COLLINS WITH REGARD TO THE GROUNDS
UPON WHICH APPEALS TO THE CITY COUNCIL ARE DECIDED
WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a procedure
whereby the final decisions of boards, commissions and other decision makers can be appealed to
the City Council; and
WHEREAS,the Council recently considered at a work session certain proposed changes to
that appeals process that have been recommended by City staff; and
WHEREAS, on May 16, 2006, the Council approved on first reading Ordinance No. 088,
2006, which would add a new Section 2-55 to the Code and renumber all subsequent sections in
Chapter 2, Article II, Division 3 accordingly; and
WHEREAS, one of the recommended changes had to do with the grounds upon which
Council decides appeals under Section 2-57(a) of the Code; and
WHEREAS,after considering alternative ways in which the above-referenced Code section
might be amended, Council has determined that the language in the Code should be amended to
eliminate the ability ofCouncilmembers to identify,prior to the appeal hearing,additional issues not
raised in the notice of appeal and to clarify that issues not raised in the notice of appeal should not
be considered by the Council in deciding the appeal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2-57(a)of the Code of the City of Fort Collins is hereby amended to read as
follows:
(a) The City Council shall consider an appeal based upon the record on appeal,
the relevant provisions of the Code and Charter, and the grounds for appeal cited in
the notice of appeal. Issues not raised in the notice of appeal shall not be considered
by the City Council in deciding the appeal.
Introduced, considered favorably on first reading, and ordered published this 16th ay of
May, A.D. 2006, and to be presented for final passage on the i ay of J e, . 2 6
Mayor
ATTEST.
- IWLLI� U
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D. 2006.
Mayo
ATTEST:
City Clerk