HomeMy WebLinkAboutMINUTES-10/26/1976-AdjournedOctober 26, 1976
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Adjourned Meeting
1:30 P.M.
An adjourned meeting of the Council of the City of Fort Collins
was held on Tuesday, October 26, 1976, at 1:30 P.M. in the
Council Chambers in the City of Fort Collins City Hall. Roll call
was answered by Councilmembers Bloom, Bowling, Gray, Reeves,
Suinn and Wilkinson.
Absent: Councilman Russell.
Staff Members Present: Brunton, Dowell, Lewis and Ferluga.
Ordinance No. 76, 1976 Adopted as Emergency
Ordinance Establishing the Special Improvement District
for Most of the Beautification Work,
City Attorney March stated there was a communication received by
the City Clerk's Office on October 26,1976. This communication
was read at length and made a part hereof:
Gentlemen:
In regard to your discussions regarding the taxation
of the Downtown Improvement Area, I would like to
submit the following statement for your consideration,
since I cannot be here in person to do so. My interest
in the matter stems from the fact that I have properties
located in what is designated as the "General Improve-
ment District".
It is my opinion that the residences located in the
General Improvement District should not be taxed as
commercial properties until they are used for com-
mercial purposes. I hope that whatever tax is levied
is not levied on single family dwellings, whether owner
occupied or rented. As far as rented single-family
370
dwellings go, there should be no difference as to whether
the dwelling is occupied by a single family or by college
students. Any qualification of this kind would be discri-
minatory to college students because it would result in
students having to pay higher rents than single families.
I hope you will take these things into consideration when
deciding the guidelines for taxation in the General Im-
provement District. Thank you....
Respectfully,
Dennis W. Acott, CLU
DWA:ja
City :Attorney March stated the resolution to be presented follows
the general guidelines of his request. "It would be up to the
Board of the General Improvement District, which is the Council,
to finalize the definition of what is a single family residence."
Councilman Bowling made a motion, seconded by Councilman Suinn I
to adopt Ordinance No. 76, 1976 as an emergency ordinance. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO.'76, 1976
BEING AN ORDINANCE CREATING DOWNTOWN IMPROVEMENT
DISTRICT NO. 1 IN THE CITY OF FORT COLLINS, COLORADO,
ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET
AND MALL IMPROVEMENTS ON CERTAIN STREETS THEREIN;
PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR
SAID IMPROVEMENTS; PROVIDING. FOR NOTICE TO CONTRACTORS
AND OTHER DETAILS IN CONNECTION.;WITH,THE,.DISTRICT,
AND DECLARINGc)ANrEMERGENCY1)ed ii,
WHEREAS, the City Council of the City of Fort Collins,
Colorado, pursuant to the Charter of the City, Chapter 16 of
the Code of the City, and the laws of.the State of Colorado,
hereby finds and determines that there exists a necessity
for the creation of Downtown Improvement District No. 1, and
the construction of the street and mall improvements described
below; and
371
WHEREAS, by a resolution passed and adopted on August
17, 1976, the City Council has adopted the report of the
Engineer with reference to the plans, specifications, map
and estimate of the cost of the project; and
WHEREAS, notice of a hearing on the creation of the
District and the construction and installation of the improve-
ments therein has been given by publication and mail in
accordance with the provisions of Chapter 16 of the Code;
and
WHEREAS, the City Council met in open session on September
21, 1976, and on October 19, 1976, for the purpose of hearing
any objections or protests that might be made against the
proposed district or the improvements to be constructed or
installed; and
WHEREAS, the City Council considered all such protests
and objections and has determined that certain changes
should be made in the boundary of -the! -District by deleting
zones 4 and 5 as described idithe�resolution previously
passed by the City Council, and by deleting certain improve-
ments from the District; and
WHEREAS, the City Council has determined that the
District should be established, to include the revised
boundaries and list of improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:.
Section 1. Creation of District. That..thexe.is hereby
created and organized an improvement district under and by
virtue of the provisions of the City Charter, and Chapter 16
of the Code of the City, to be known as Downtown Improvement
District No. 1 (hereinafter sorptimes referred to as the
"District") comprised of the _u c.erty described in Exhibit
"A" attached hereto.
Section 2. Description of Improvements. That the
improvements to be constructed shall consist of the improve-
ments described in Exhibit "B" attached hereto, all as more
fully set forth in the map, plans and specifications hereto-
fore submitted by the City Engineer and accepted by the City
Council by Resolution, and as amended herein.
372
Section 3. Cost and Method of Assessment. The estimated
cost of the street and improvements is the amount of
$700,000, which includes the estimated contract cost together
with engineering and administrative expense. No contract
for improvements shall be let for any amount exceeding by
more than five percent (5%) the amount of the estimate of
the City Engineer for the actual cost of the improvements
unless the Council shall find and determine that the public
interest requires the making or acquisition of the improvement
or any part thereof as such higher cost and orders that the
City at large pay such excess cost. The total cost shall be
assessed against the property in the District in the manner
set forth in Exhibit B attached hereto and in accordance
with the provisions of Chapter 16 of the Code of the City of
Fort Collins.
The improvements which are acquired, constructed or
installed as part of the Downtown Improvement District No. 1
shall not duplicate or interfere with the improvements which
are planned and will be included within the general improve-
ment district, to be created concurrently with this District,
but rather it is intended that the improvements authorized
by this ordinance and the ordinance creating the general
improvement district are part of the overall downtown improve-
ment project. '
Section 4. Improvements Ordered. That the City Council
has, pursuant to notice duly mailed and published, all as
provided in Chapter 16 of the Code of the City of Fort
Collins, considered all complaints and objections made and
filed in writing by the owners of real estate to be assessed
or any persons interested; and the City Council further
finds that all requirements of the ordinances of the City of
Fort Collins concerning the organization of the District
have been observed and complied with in all=s:cts; and it
is hereby ordered that the improvements in the District as
provided for in the map, plans and specifications heretofore
adopted by the City Council and as amended herein, be and
they hereby;'are ordered to be constructed.
Section 5. Advertisements for Construction Bids. .Upon
the effective date of this ordinance, the Mayor is hereby
authorized and empowered to advertise for bids for the
construction of the improvements in accordance with the map,
plans and specifications heretofore adopted, which advertise-
ment shall be published twice in an official newspaper
373
published in the City. The publications shall be at least a
week apart, and the date for opening of bids shall not be
less than ten (16) days after first publication, and bids
received pursuant to said advertisement shall be submitted
to the Council for approval or rejection. Advertisements
for bids shall comply with the requirements and be in accor-
dance with the provisions of Chapter 16 of the Code of the
City of Fort Collins..
Section 6. Special Improvement Bonds. By virtue of
and pursuant to the Charter and Chapter 16 of the Code of
the City of Fort Collins, and the laws of the State of
Colorado, the City shall issue local improvement bonds for
the purpose of paying all or such portion of the cost of the
improvements as may be assessed against the property specially
benefited. The bonds shall be issued upon estimates of the
City Engineer and approved by the City Council, and shall be
authorized by an ordinance to be considered and adopted at a
later date.
The bonds and the interest thereon shall be payable out
of special assessments to be levied against the real property
included within the District and specially benefited by the
improvements to be constructed and installed.
Section 7. Assessments. When the"improvements herein
authorized have been completed and the same approved and b
accepted by the City of Fort Collins, the costs as set forth
above shall be assessed upon the real property in the District,
all as hereinbefore set forth.
Section 8. Severability. That if any one or more
sections or provisions of this ordinance shall be adjudged
unenforceable or invalid, such judgment shall not affect,
impair or invalidate the remaining provisions of this ordinance,
it being the intention that the various provisions hereof
are severable. _
Section 9. Repealer. All ordinances or resolutions,
or parts thereof, in conflict with this ordinance are hereby
repealed.
Section 10. Declaration of Emergency. Inasmuch as it
is necessary ,to create the special assessment district as
soon as. possible, in order that the District can undertake
the procedure preliminary to the construction of the project
and the issuance of bonds, the City Council hereby finds and
determines that the passage and adoption of this ordinance
is for the immediate preservation of the public health,
safety and welfare, and that the ordinance should be passed
as an emergency ordinance, and become effective upon its
passage.
374
Introduced and finally passed and adopted this 26th day
of October, A.D. 1976.
ATTES Mayor
City Clerk
EXHIBIT A
Ordinance No. 76, 1976
Downtown Improvement District No. 1
The description of property specially benefited by the
improvements to be constructed and installed within the
District and to be assessed for the costs incurred in making
the improvements is as follows:
All property hereafter described in Zones 1, 2 and 3, '
to -wit:
Dcscrintion of Zone 1:.
).egin at the intersection of LaPorte Avenue and the
north -south alley of Block 21 bounded by LaPorte Avenue,
Ccllcge Avenue, Mountain Avenue and Mason. Street,
"p,':uceed east to the intersection of LaPorte Avenue and
College Avenue, turn southeast on Walnut and proceed to
the intersection of Walnut and the north -south alley in
Block 18 bounded by Walnut Street, Linden Street and
*...College Avenue, turn south into said alley and proceed
to the intersection of the alley and Trimble Court,
turn west on Trimble Court and proceed to a point in
line with the eastern property line of the property
}:gown as the Avery Block (30 feet east of the west line
of said block); turn south following such eastern
propart_: line to the common line between Lot 6 and Lots
and J in said Block 18; turning in a southeasterly
direction and following said common line, proceed to a
pa:Int where an extension of said line intersects the
379
1
centerline of Linden Street; turn southwest on Linden
Street to the intersection of Linden Street and Mountain
A7nue and continuing along said line proceed to a
point which is north of a point'80 feet east of the
r.zi.rthwest corner of Lot 7 in Block 121; proceed south'•
to said point and continue south across Lots 7, 8 and 9
_oE Block 121; turn west and proceed along the north
line of Lot 10 in Block 121 five feet; turn south and
proceed along a line which is 75 feet east of the west
line of Block 121 to the north line of Lot 12 in Block
121; turn east and proceed along the north line of Lot'
-11 in Block 121 to the centerline of the north -south
alley -in- Block •.123.; .turn south--along-said alley and
continue south'through'Block 121 and 122 to the inter-
section with the centerline of Olive Street; turn west
.o-q Olive Street and proceed to the north -south alley of
Block 112 bounded by Oak Street, College Avenue, Olive
Street and Mason Street; turn north on said alley,
cross Oak Street and continue northward to the inter-
section.of said alley with the east -west alley in Block
111 bounded by Mountain Avenue, College Avenue, Oak.
Street and Mason Street;, turn east on said east -west
alley to the intersection with the north -south alley
also in said Block 111; turn north and continue across..
Mountain Avenue to the east -west alley of Block 21
bounded by LaPorte Avenue, College Avenue, Mountain
Avenue and Mason Street; turn west and proceed to the
intersection of the cast -west alley and the north -south
alley in said Block 21; turn north and proceed to the.
point of origin at the intersection of the north -south
alley in Block 21 and LaPorte Avenue.
This zone contains the following described property, to-wit-
Lots 1 through 23, inclusive, in Block 21; Lots•1
•t::rough 16, inclusive, in Block 111; Lots 1 through 16,
inclusive, in Block 112; Lots 9 through 24, inclusive,
in Block 122; Lots 11 through 22, inclusive, and the
West 75 feet of Lot 10 and the West 80 feet of Lots 7,
8 and 9 of said Block 121; Lots 9 .through 22, inclusive,
and Lots A, B, C, D, E, F, G, II, I, J and 2.of Block
-18; also that part of Lot 6'in Block 18 lying west of a
line parallel to the west line of said block and 30
foot easterly thereof; all in the City of Fort Collins
according to the map of said town dated January 16,
1873, and recorded January 18, 1873, with the Larimer
County Clerk and Recorder.
Rml
Description of Zone 2:
.All property within the following described property:
Beginning at the intersection of. Walnut Street and
Linden Street and proceeding southerly to a point which
is the intersection of the west line of Lot 13 in Block
19 in the City of Fort Collins and. the right-of-way
li.:?e of Linden Street, and proceed southerly along the
west line of said Lot 13 and an extension of said line
southerly to the centerline of Magnolia Street; turn
west and proceed to the intersection of Magnolia Street
and Mason Street; turn north and proceed to the inter-
section of Mason Street and LaPorte Avenue; turn east
and proceed to the intersection of Walnut Street, Pine
Street, College Avenue and LaPorte Avenue; turn south-
easterly and proceed along Walnut Street to the point
of beginning; except any portion thereof previously
described as being within Zone 1.
This zone contains the following described property, to -wit:
Lots 7 and 8, and Lots 23,through 30, inclusive, in
Block 18, also all of Lot 6 in said Block 18 except '
that portion lying west of a line which is parallel to'
and 30 foot easterly of the west line of, said Block 18;
• I•ots J4 through 17, inclusive, in Block 19; Lots 1
through G, inclusive, and Lots 23 through 32, inclusive,
iri Block 121, also the East 60 foot -of Lots 7, 8 and 9
and the East.65 feet of Lot 10, in said Block 121; Lots
1 through G, inclusive, Block 122; all of Block 123;
all of Block 113; Lots 17 through 24, inclusive, Block
112; Lots 17 through 35, inclusive, Block 111; Lots 24
through 49, inclusive, Block 21; all in the City of
Fort Collins according to the map of said town dated
January 16, 1873, and recorded January 18, 1873, with
the Larimer County Clerk and Recorder.
377
Vescription of Zone 3:
property bounded within the following perimeter, to -
wit: Commence at the intersection of Pine Street and
Jefferson Street and proceed in a southeasterly direction
al-or-,3 Jefferson Street to a point which is an extension
of the common line between Lots 13 and 15 in Block 13
in the City; thence turn southwesterly and proceed.
along said line and the extension of said line south-
westerly to W4alnut Street; thence turn southeasterly
and proceed along P7alnut Street to -the intersection of
Walnut Street with Mountain Avenue and Mathews Street;.:
turn south and proceed on Mathews Street to the inter-
section with the east -west alley in Block 131 bounded..
by Mountain Avenue, Mathews Street, Oak Street and
Remington Street; turn west and proceed to the inter-
section of the north -south alley in said Block 131;
turn south and proceed along said alley continuing
through Blocks 132, 133 and 134 to the intersection.of
said alley with Mulberry Street; turn west and proceed
to the intersection of .Mulberry Street and Mason Street;
:. turn.north and proceed to the intersection of Mason
Street and Magnolia Street; turn west and proceed to
' the intersection of Magnolia Street with Howes Street;
t;rn north anti proceed to the intersection of Howes
Street with LaPorte Avenue; turn east and proceed to
the intersection of Laporte Avenue with Mason Street, -
turn north and proceed to the intersection of Mason
'Street with Maple Street; turn east and proceed to the .
intersection of. Mason Street, College Avenue and Jefferson
Street; turn southeasterly and proceed on Jefferson
Street to the point of beginning; except that portion
thereof previously described as being within Zones 1 or
2.:
This zone contains the following described property, to -wit:
All of'Block 19 except Lots 14 through 17, inclusive;
Lots 1 through 22, inclusive, of Block 131; Lots 9
through 16, inclusive, of Block 132; the Nest 1/2 of
Block. 133; Lots 9 through 16, inclusive, of Block 134;
all of Blocks 124, 114, 103, 102, 101, 31, 22, and 14;
and Lots 15 and 16 of Block 13; all in the City of Fort
Collins according to the map of said town dated January
16, 1873, and recorded January 18, 1873, with the
Larimer County Clerk and Recorder.
378
EXHIBIT B
Ordinance No. 76, 1976
Downtown Improvement District No. 1
The description of improvements and the method of assessment
is as follows:
Improvements designated to improve the visual appearance
of streets and other public ways within the district and to
make such streets and other public ways better accommodate
pedestrian and vehicular traffic, such improvements including
construction and reconstruction of sidewalks, curbs, gutters,
and streets; installation of planters and landscaping;
installation of benches in the sidewalk areas; installation
of plazas, signalization for traffic; and other allied
improvements, the improvements to be located on streets
within the district and principally upon College Avenue from
the vicinity of Magnolia Street to the vicinity of LaPorte
Avenue and extending along intersecting streets and Linden
Street.
The cost of making the improvements in the district
shall be assessed against the assessable property in the '
district as follows:
The property within the district shall be classified
into three zones to be designated as Zones 1, 2 and 3. The
property comprising each zone is described on Exhibit A
attached hereto and by this reference made a part hereof.
The assessments to be made shall be made upon all of the
real estate in the district respectively, in proportion as
the area of each piece of real estate in the district is to
the area of all of the real estate in the district, exclusive
of streets and alleys except that the area of each parcel of
real estate shall be adjusted based upon the zone in which
each parcel is located in accordance with the following:
ZONE FACTOR BY WHICH AREA
IS TO BE MULTIPLIED
1 1.00
2 0.40
3 0.10
The total adjusted area of the various parcels in the
district shall be considered as the total area of the district
for the purpose of making assessments and each parcel shall ,
be assessed on the basis of its adjusted area.
379
1
1
Ordinance No. 77, 1976 Adopted as an Emergency
Establishing the General Improvement District for
Parking Improvements Canopies and Possible Street Lighting
City Attorney March stated, for the record, the communication
received from Dennis W. Acott applies also for this district.
Councilman Suinn made a motion, seconded by Councilman Bloom to
adopt Ordinance No. 77, 1976 as an emergency ordinance. Yeas:
Councilmembers Bloom, Bowling, Cray, Reeves, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 77, 1976
BEING AN ORDINANCE RELATING TO THE CREATION OF
GENERAL IMPROVEMENT DISTRICT NO. 1 IN THE.CITY
OF FORT COLLINS, COLORADO, ADJUDICATING JURISDICTION,
ORGANIZING AND ESTABLISHING THE DISTRICT, DETERMINING
THE BOUNDARIES THEREOF, AND DECLARING AN EMERGENCY
WHEREAS, pursuant to ordinance No. 45, 1976, passed and
adopted on July 20, 1976, the City Council has established a
procedure for the creation of local public improvement
districts (general improvement districts).which provides
that the creation of such districts, the construction -of
improvements therein and the issuance of bonds maybe accom-
plished either in accordance with Title 31, Article 25, Part
6, Colorado Revised Statutes 1973, as amended, or pursuant
to the procedural•ordinance; and
WHEREAS, the procedural, -ordinance -provides that such
districts may be initiated by nesolution,of the City Council
without the requirement of a petition; and
WHEREAS, the City Council, on September 21, 1976, has
passed a resolution declaring its intention to create a
general improvement district within the City, for the purpose
of acquiring property and constructing parking facilities
thereon, and constructing and installing other street beautifi-
cation improvements, all as more particularly set forth in
Section 1 of said resolution-;•i,and
WHEREAS notice of the hearing on the creation of the
District was given in the time and manner required by law;
and
WHEREAS, on October 19, 1976, the City Council heard
and considered all protests and objections concerning the '
creation of the District and the construction and installation
oftamprovements.therein; and
within the r
�•,i.l-�� WHEREAS, the City Council has determined that the
protests should be overruled and denied, and the district
should be.established.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OFeFORT:-COLLINS:
Section 1. Jurisdiction. The City Council hereby
finds and determines that all jurisdictional requirements
pertaining to the organization of a general improvement
district have been satisfied in these proceedings.
Section 2. Protests and Objections. All remonstrances
opposing the creation of the district have been considered
and the City Council hereby finds and determines that the
objection -nd protests filed in these proceedings meeting
the r.equire:ents of law have been signed and filed by property
owners who own less than forty percent (40%) of the total
assessed valuation of property within the proposed district.
Section 3. Gregtion of District. There is hereby '
created and organized, a general improvement district under
and by virtue of the provisions of Title 31, Article 25,
Part 6 Colorado Revised Statutes, 1973, as amended, the
Charter of the City, and Ordinance No. 45, 1976, to be known
as City of Fort Collins General Improvement District No. 1
(hereinafter sometimes referred a the ",q,is,tKict")
The City Council of the City of Fort Collins shall
constitute ex-officio the board of directors of the District.
The Mayor of the City shall be ex-officio the President of
the Board of Directors of the District, the City Clerk shall
be ex-officio the Secretary and the City Treasurer shall be
ex-officio the Treasurer of the District.
Section 4. Boundaries of the District. The boundaries
of the District shall --be boundaries set forth in
Exhibit A attached hereto -and shall include property described
in such Exhibit A.
381
Section 5. Purposes. The District is formed for the
' purpose of acquiring property and constructing thereon
parking facilities to serve the area encompassed within the
boundaries of the District, and other incidental improvements,
and for the purpose of constructing and installing street
and mall beautification improvements, to include canopies,
lighting and other incidental improvements; the improvements
which are acquired, constructed or installed as part of the
General Improvement District shall not duplicate or interfere
with the improvements which are planned and will be included
within the special improvement district, created concurrently
with this District, but rather.it is intended that the
improvements authorized by this ordinance and the ordinance
creating the special improvement district are part of the
overall downtown improvement project.
The present estimated cost of the proposed improvements
in General Improvement District No. 1 is $1,100,000.00.
Section 6. Powers of the District.,.,The District shall
be a public or quasi-municipal.s�ubdivision of the State of
Colorado, and shall have all powers granted by Part 6 of
Article 25 of Title 31, Colorado Revised Statutes, 1973, as
amended.
Section 7. Filing with County Clerk and County Assessor.
' Within thirty (30) days after the date of the final passage
and adoption of this ordinance, the City Clerk shall transmit
to the County Clerk and Recorder of Larimer County, Colorado,
and to the County Assessor of said County, a copy of this
ordinance, for filing in each office, pursuant to Section
31-25-608 and Section 39-1-110(1), Colorado Revised Statutes,
1973, as amended.
Section 8. Severability. That if any one or more
sections or provisions of this ordinance shall be adjudged
unenforceable or invalid, such judgment shall not affect,
impair or invalidate the remaining provisions of.this ordinance,
it being the intention that the various provisions hereof
are severable.
Section 9. Repealer. All ordinances or resolutions,
or parts thereof, in conflict with this ordinance are hereby
repealed.
382
Section 10. Declaration of Emergency. Inasmuch as it
is necessary to create the general improvement district as
soon as possible, in order that the District can levy taxes
and undertake the procedure preliminary to the construction
of the project and the issuance of bonds, the City Council
hereby finds and determines that the passage and adoption of
this ordinance is for the immediate preservation of the
public health, safety and welfare, and that the ordinance
should *be passed as an emergency ordinance, and becomes
effective upon its passage...
Introduced and finally passed and adopted this 26th day
of October, A.D. 1976.
ATTEST: or
CTClerk
li}alllll'1' i� -
Description of Property within 'the District
Perimeter' Description:
Deyinning at the intersection of Mz�nl and Meldrum, go I
easterly on Maple to the in,:�rsection of Maple and
'.College; turn south-ea-terly onto Jefferson Street; and
pc-Dceed to the intersection of Whedbee and Jefferson;
turn southerly onto Whedbee and continue to the inter
..section of Oak and Whedbee; turn westerly on Oak Street
--to the intersection of Oak and the north -south allev in.,
Block 152 bounded by Oak, Whedbee, Olive and Peterson; .
turn southerly down said alley to the intersection. of
the alley and Olive; turn west on Olive and continue to'
the intersection of Olive and Peterson; turn south on
Peterson to the intersection of Peterson and the east -
west alley of Block 144 bounded by Magnolia, Peterson,
Mulberry and Mathews; turn west into said alley and`:
continue to the intersection with Mathews;. turn south
on Mathews and continue to the intersection of Mathews
and Mulberry; turn west on Mulberry and continue to the
intersection of Mulberry and the north -south alley in
Block 94 bounded by Magnolia, Howes, Mulberry, and
Meld -rum; turn north into said alley and, continue to the
intersection with Magnolia; turn west on Magnolia and
continue to the intersection of Magnolia and Sherwood;
turn north on Sherwood and continue to the intersection
of Sherwood and Olive; tern east on. Olive and continue '
to the intersection of Olive and'the north -south alley
of Block 82 bounded by Oak,. Meldrum, Olive and Sherwood...
383
' -.turn north on said alley and continue across Oak to the.
southeast corner of the property owned by Fay and St...
Croix (the East 35 feet of Lots 9 and 10, Block ' 81 in '.. the City); .turn west and continue along southern
property line of. said property to the southwest corner;.:
turn north and continue alo:_g western property line of
said property and continue in"a straight line to Mountain
Aven:,e; turn east on Mountain to the intersection of
2:e1drum and Mountain; turn north on Meldrum to.the
point of beginning;
Property Description
Blocks 83, 42,'.41, 91, 92, 93, 32, 31, 101, 102, 103,
'104, 22, 21; 111, 112,.113, 114, 121, 122, 123, 124,
1,131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14,-
18 and 19; ALSO.the East 1/2 of Block 82; the East;l/2..`
of Block 81, the East 1/2 of Block.94, the West 1/2 of
-•Block 152 and the North 1/2 of Block*144; ALSO the East
35 feet of Lots 9 and 10,.Block 81; all in the City of
Fort Collins, Colorado, according to Toam Plat dated
January.161 1873, and recorded January .18, 1873, in
the office of the Larimer County Clerk and Recorder.
EDAW/JJ&R Authorized to Proceed With Construction
Documents in Connection With Downtown
Improvement District No. 1
City Manager Brunton stated the City had an overall contract which
was authorized by the Council with EDAW/JJ&R for the various phases.
This part of the contract is basically a construction budget
$1,100,000.00.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to authorize EDAW/JJ&P, to proceed under the contract with construc-
tion documents in connection with Downtown Improvement District
No. 1. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves,
Suinn and Wilkinson. Nays: None.
384
Resolution Adopted Making Certain Stipulations in Connection
with Downtown Improvement District No. 1 and General '
Improvement District No. 1
City Clerk Verna Lewis read the resolution at length.
Councilman Bloom inquired into the single family situation
regarding rentals.
City Attorney March clarified that owner occupied units would be
found to be discriminatory against a renter and would not be
allowed, according to Bond Counsel.
Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray,
Reeves, Suinn and Wilkinson. Nays: None.
RESOLUTION 76-70
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH THE INTENT OF THE CITY COUNCIL
ON CERTAIN MATTERS CONNECTED WITH THE
DOWNTOWN IMPROVEMENT PROJECT AND DOWNTOWN
IMPROVEMENT DISTRICT NO. 1 AND CITY OF FORT '
COLLINS GENERAL IMPROVEMENT DISTRICT NO. 1
WHEREAS, heretofore extensive studies and planning have
been conducted by the City and other interested groups
pertaining to the downtown area of the City of Fort Collins;
and
WHEREAS, as a result of such studies and planning,
plans have been developed for the improvement of the downtown
area which include improvements to the streets and other
public areas designed to afford better pedestrian access and
amenities and additional parking facilities to serve the
downtown area; and
WHEREAS, the City is forming a special improvement
district known as Downtown Improvement District No. 1 and a
general improvement district known as City of Fort Collins
General Improvement District No. 1, which districts are the
vehicles for the acquisition, construction and financing of .
the improvements contemplated for the downtown area; and
385
1
WHEREAS, the City Council has made certain commitments
and has certain intentions with relation to said districts
1 and the implementation of the plans for improvement of the
downtown area which should be established and set out as a
matter of record in the proceedings of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. The City Council recognizes that the improve-
ments to be acquired and installed are improvements designed
to enhance the area'as a business and commercial area, the
business and commercial endeavors to be benefited including
retail, wholesale, manufacturing and rental endeavors. The
City Council further recognizes that within the area of the
special improvement district there are single family residences
maintained in such single family configuration. The City
Council further recognizes that the property is zoned under
the zoning ordinances of the City so that a more commercial
use can be made of any single family residential property
within the boundaries of the district.. It is the opinion
and finding of the City Council that properties now dew ted
to single family use will receive substantial benefits from
the improvements to be installed in the district (both
immediate and future) but that it will be more equitable if
payment of the assessments for such properties is deferred
' until such time as the properties are converted to a more
commercial use. Therefore, the City Council hereby establishes
its intention to defer assessments on account of the special
improvement district against properties maintained in a
single family configuration. Such deferral will be accomplished
by a program whereby owners of such properties may apply to
the City for relief and the City will make the installment
payments due within the district in connection with such
properties, provided the owner of the properties agrees to
repay all such payments at such time as the use of the
property is changed from a single family use. A lien on the
property to secure this obligation will be required in
connection with any deferment granted.
Section 2. It is further the finding and opinion of
the City Council that although the improvements to be installed
in the general i��provement district will ultimately benefit
properties maintained in a single family configuration, any
tax to be levied by the general improvement district sh^uld
not apply to properties maintained in a single famil; co::.=igura-
tion until such time as such properties are converted to
other uses. Therefore, it is the intention, of the City
Council in forming the general improvement district that the
district will give a rebate tosuch property owners of all
' amounts paid as taxes into the district so long as the
property is maintained in such a single family configuration.
366
Section 3. One of the purposes of forming the general
improvement district is the acquisition of parking facilities.
The City Council recognizes that many property owners in the
is the finding
district have provided their own parking. It
of the City Council that such private parking reduces the
need for parking improvements within the area of the district
and that the elimination of such parking would require
substantially more parking improvements and cost in the
its
district. Therefore, the City Council hereby sets forth
finding and determination that a payment should -be made from
funds of the general improvement district to owners of
property reserved and used for parking equal to 1-1/2 cents
per square foot of paved parking lot and 1/2 cents per
square foot of graveled parking lot.
Section 4. Although the proceedings establishing the
general improvement district do not establish a maximum
amount to be expended for the improvements to be installed
in the district, it is the intent, and the City Council
hereby sets forth that intent, that the improvements to be
installed in the district shall not exceed a cost of $1,100,000.00
to the extent that such improvements are paid for with funds
generated by the district through taxes levied, which maximum
costs shall include the cost of the improvements and all
allied costs of the district including administration,
interest during construction, bond costs, architects or
engineering costs, and the like.
Section 5. The City Council recognizes that the cost
'
of the improvements to be constructed through the general
improvement district and the special improvement district is
estimated to exceed the maximum amount to be expended through
the two districts. It is the intention of the City Council
that the City will make up any excess costs up to a maximum
excess of $350,000.00, with funding for such City costs to
come from the seven year capital improvement program and
federal community development funds received by the City as
an entitlement city.
Passed and adopted at an adjourned meeting of the City
Council held this 26th day of October, A.D. 1976.
ATTEST: layor�
City erk
City Attorney March stated Council would be receiving a proposal
on definitions within a month. '
387
1
1
I
Prepurchase of Shubbery in Connection
with Downtown Improvement District No. 1 Authorized
Councilman Bowling made a motion, seconded by Councilwoman
to authorize the Administration to prepurchase shubbery in
connection with Downtown Improvement District No. 1. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, >uinn
Wilkinson. Nays: None.
Parks Department Authorized to do Certain Work
In Connection with Landscaping in
General Improvement District No. 1
Reeves
and
City Manager Brunton stated that by the pre -purchasing of the
shubbery and installation by the Parks Department, will save
considerably on the whole nursery program. The request of the
administration is to be allowed to do this by force account
where possible.
Councilman Bowling made a motion, seconded by Councilman Suinn
to authorize the Parks Department to do certain work in connection
with landscaping in General Improvement District No. 1. Yeas:
Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and
Wilkinson. Nays: None.
Other Business
a. Councilwoman Gray made a motion, seconded by Councilman Bowling
that the City Council's delegate to the National League of City's
Conference in -Denver be Mayor Earl Wilkinson and that Vice -Mayor
Margaret Reeves be the alternate. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None.
b. Recreation Fees for 1977 Approved
City Manager Brunton read the following memorandum into the record:
vi
During the past week H. R. Phillips and I met with Mr. Robert Hunt, President
of the Parks and Recreation Board, to discuss recreation fees and program
philosophy pursuant to Council direction on this matter. '
We have re -reviewed our previous proposals for fees within the following
framework:
1. that adult programs should pay all direct program costs
and possibly more to assist youth program financing;
2. that the imbalance of revenues to expenditures in all
other programs should be examined and lessened where
possible;
3. that rates should not be so high that they become
counter -productive;
4. that an indirect means must be provided so that no one is
denied recreation because of their ability to pay.
Based on this review and past staff analysis, it is recommended that our recrea-
tion fees for 1977 be based on Proposal I for youth activities and Proposal II
for adult activitie<,. It is felt that, by adopting these rates, we will insure
maximum part ic ipa tJ!',n in most programs while achieving a reasonable return on
expenditures. In adopting this fee structure, we will lose between $10,000
and $20,000 in projected 1977 recreation revenues. We plan to minimize this
loss by selected program expenditure reductions and through efforts to increase
participation in all programs, and hence, increase revenues.
We plan to work more closely during 1977 with the Parks and
that a recreation fee policy for 1978 can be developed well
Recreation Board so
in advance of the
,
budget process for
the next year.
This will make it easier
for the Administra-
tion to establish
specific rates,
as well as for Council to
approve them.
RLB/jas
Enclosure
RECREATION
RATE ANALYSIS 19//
Present 1977 Proposal 1977 Proposal 1977 Activity
Fee Revenue I Revenue 1 II Revenue Costs
Archery
4
166
_ 4 f
160
10
400
567
Basketball:
Adult
125
12,500
130
13,OOo
150
15,000
12,216
JAA
5
4,250
6
5,100
10
8,500
11,494'<
Ponytail
5
2,45o
6
2,94o
10
4,900
8,oga
n
4
132.
4
132
10
330
540
ing.
r,OC. Boat Program varies
4,o00
4,000
4,o00
3,618
Small Crafts Inst.
2,100
2,100
2,100
1,4o0
Crafts, Adult
8
4,800
8
4,800
10
6,000
4,795
Dance:
Belly Dancina
8
5,6o0
8 _
5,600
10
7,000
3,064
Children's - Tap; Ballet
3
300
4
400
5
500
1,227
Ft. Collins Folk Dancers
.75
498
.75
498
.75
498
-
Modern Dance
8
400
8
4001.
10
500
48o
Dog Obedience
25
600
25
600
25
600
500
Football:
Flag
115
3,220
125
3,500
150
4,200
3,122
Grandstand Quarterback
0
0
0
80
JAA
6
.4,500
6 _
4,5oo
10
7,500
6,946 B
Fitness, Adult
0
0
8
1,200
10
1,500
4
1,092
Time
10
5,000
10
5,000
15
7,500
6,696 3
nware Ceramics
14
812
20
1,160
25
1,45o
1,040
Gymnastics, Junior
4
400
5.
500
10
1,000
2,020
Gyms, Saturday
0
0
0
700
Gyms, Vacation
0
0
0 .
56o
Handicapped varies'
4,000*-
4,000
4,000
21,700
Ice Skating
5
500
6
600
10
1,000
586
Intramurals (H.S.; JAA)
3
360
3
360.
3
360
1,710
Judo, Junior
4
400 ..
5
500
10
1,000
990.
Playgrounds
3
1,950
5
3',250
10
6,500
17,360
Pottery, 8dult (adv.)
35
7,000
45
8,700
50
9,60D
9,229**z'
(Beg.;lnt.
30
37
.40
Children's J
10
12
15
390
\ctivity
Senior Citizens
Skiing:
Alpine
Specials
Slimnastics
Soccer:
JAA
Ponytail
Softball:
lRevenue
1977
Present 1977 Proposal 1977 Proposal 1977 Activi.Fee Revenue I Revenue II Cost
varies 4,o00 4,000 4,000 35,439
varies
22,500
22,500
varies
500
500.
8
2,200
8 2,200
5
1,750
6 2,100
5
1,000_
6 ,1,200
Adult
.145
23,200
160
24,300
Invitational
60
960
70
1,120
JAA
5
1,750
6
2,100
Ponytail
5
1,825
6
2,190
Tournaments
25
fast 45
1,800
slow 38
3,040,_
Special Events (Flitches;
6.75
7
1,260
track meets; frisbee;
spook house)
Special -Interest Act.
8
1,600
(guitar; cooking, etc.)
Survival, Wilderness
16
512
Survival, Winter
16
320
Tennis:
Adult
8
2,400
Jr. League
6.
540
Jr. Lessons
5
2,250
Private Lessons - i
15
1,400
1
30
Semi -Private " - }
11
- 1
22
Reservations, Court
2.50
3,000
Tumbling
4
400
10
" 10
10
175
75
10
10
50
7
8 1,600 I 10
16
16
512
320
8
z,400
10
8
720
10
6
2,700
7.50
15
1,400 1
15
30
11
30
11
22
22
2.50
3,000
2.50
5
500
10
391
22,500
500
2.,750
3,500
2,000
28.000
1,200
3,500
3,650
6,000
I,26o
2,000
512
320
3,000
goo
3,375
1,400
I3,000
1,000
1977
Present 1977 Propo:;al
1977
Proposal
1977
Activity
vit•:
Fee
Revenue I
Revenue
11
Revenue
Costs
leyball:
Adult
50
6,000 65
7,800
75
9,000
8,444*
Co -
Mix
5
goo 5
goo
10
1,800
720*
'oga, Adult
20
2,800 20
21800.
20
2,800
2,40o
'outh Centers
varies
900
900
900
20,318
146,889
164,762
201,305
275,120
C Contractual.
Includes
present
rate for
custodians.
of service
with
Foothill Gateway.
'Contract
Includes
$850 in
capital.
>, Includes
$360 in
capital.
Councilmembers held lengthly discussion on the two n_r000sals, or
a combination of the two.
Councilman Bloom made a motion, seconded by Councilman Bowling
to adopt Proposal II. Yeas: Councilmembers Bloom, Bowling, Reeves,
Suinn and Wilkinson. Nays: Councilwoman Gray.
Councilman Bowling made a motion, seconded by Councilman Suinn to
schedule an executive session following items 5 & 6 of the agenda
for the General Improvement District Board. Executive Session to
be Land Acquisition and Personnel. Yeas: Councilmembers Bloom,
Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None.
Mayor Wilkinson declared the meetin, adjour ed,
ATTEST:
City er
392