The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/15/2002 - FIRST READING OF ORDINANCE NO. 154, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 26 DATE: October 15, 2002 FORT COLLINS CITY COUNCIL John F. Fischbach FROM: Steve Roy SUBJECT : First Reading of Ordinance No. 154, 2002, Amending Chapter 23 of the City Code by Adding a Provision Authorizing the Early Morning Closure of City-Owned Property in the Old Town Plaza. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The Downtown Development Authority (DDA), after taking notice of an increase in incidents of vandalism, fighting, and other disruptive behaviors occurring in and around Old Town Plaza after the closing of liquor licensed establishments at 2:00 a.m., recently decided to close the Plaza between the hours of 2:00 a.m. and 6:00 a.m. This closure furthers the DDA's interests in protecting its property as well as maintaining the safety of the Plaza for visitors. The City has also noticed an escalation of disruptive behavior in and around the Plaza. While the DDA, rather than the City, owns most of the Plaza, the City does own certain rights-of-way within the area. The proposed Ordinance would close those rights-of-way during the same early morning hours to everyone except those individuals who own, or work in, one of the Plaza businesses. The Ordinance would also close the sidewalk on Walnut Street that is adjacent to the main entrance to the Plaza. The purpose of this proposed ordinance is to work with the DDA to ensure that the rights-of-way within the Plaza remain safe and are properly protected. As noted above, the DDA Board has already adopted a resolution closing its portion of the Plaza during these hours. Adoption of this Ordinance would help to preserve public safety and the public property within, and adjacent to, the Plaza area rights-of-way. ORDINANCE NO. 154, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A PROVISION AUTHORIZING THE CLOSURE OF CERTAIN CITY-OWNED PROPERTY WITHIN AND ABUTTING THE OLD TOWN PLAZA WHEREAS, the City owns certain rights-of-way located within the City of Fort Collins, Colorado and depicted on Exhibit "A", attached hereto and incorporated herein by this reference ("Old Town Plaza Right-of-Way"); and WHEREAS, the City is responsible for managing its properties in a manner that protects and preserves the property and enhances the use and enjoyment of those properties by the public for the intended purposes; and WHEREAS, the City believes that the complete closure of publicly owned property in the Old Town Plaza during the early morning hours of each day is reasonable and necessary in order to protect public safety and to provide for the improved maintenance of such property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: • Section 1. That Chapter 23 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XI to read as follows: ARTICLE'XI m`OLD TOW MV AZA-RIGHT-' Sec.23-250,;,.Clgsure. (a) ;pro*G x '� �y �a� nngtoyecj mainlenance° thmTin C �Mon 4U%A n, e a� I ger Shall c ch ea m on dur-ng, Downtown ' evelopment �ut(tortt�x{tlre: uks '�1'� ` o � the ,�ity�zwned propett� governed by this,Sec�ctn sEthTF c�tnctdu tvtlr ilte'IYau�s;ot''cletS,tir�o€the • property, owned,by the Downtown Deueloptnent°Authority in the-Old Town Plaza.: (b) Subsection (a) of this -Section shall,,not =apply to emergency or law enforcement.operahons,pr to maigtenance.acttvittes rior.sliall it apply to any;owner,;operator or-,employee ofaoy l>usipes&,16cated withi% adjacent Yo„Yhe'Old Town Plaza who is tfaveling to ar from the business property. Secs. 23-251-23-300. Reserved. Introduced, considered favorably on first reading, and ordered published this 15th day of October, A.D. 2002, and to be presented for final passage on the 5th day of November, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of November, A.D. 2002. Mayor ATTEST: City Clerk • RESOLUTION 2002-03 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY ADOPTING A REGULATION RESTRICTING THE HOURS DURING WHICH THE GENERAL PUBLIC MAY USE THE OLD TOWN PLAZA WHEREAS, The Fort Collins Downtown Development Authority has been duly organized in accordance with CRS 31-25-801 et�M. (the "DDA"); and, WHEREAS, the DDA is the owner of certain real property located within the City of Fort Collins, Colorado (the "City") commonly known as "Old Town Plaza" and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Plaza"); and WHEREAS, pursuant to CRS 18-9-117 (the "State Statute") and the Declaration of Covenants, Conditions, Restrictions and Easements for the Old Town Project recorded on July 14, 1983 (the "Covenants"), the DDA has the authority to adopt rules and regulations limiting and restricting the use of the Plaza by the general public which are reasonably necessary for the administration, protection and maintenance of the Plaza; and WHEREAS, the DDA has taken notice of the increasing number of incidents of vandalism, fighting, depositing of objectionable waste and other similar disruptive behavior occurring on the Plaza at 2:00 a.m. after the closure of businesses downtown. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY that: 1. The Plaza shall be closed to the general public each day from the hours of 2:00 am. to 6:00 am. An owner or lessee of a business or real property abutting or on the Plaza and employees, agents, licensees and contractors of any such owner or lessee are not deemed to be members of the general public for purposes of this regulation and therefore shall be exempt from the application of the provisions of such regulation. 2. Notice of the restricted hours of use of the Plaza by the general public shall be prominently posted by the DDA at all public entrances to the Plaza. The regulation set forth herein shall become effective upon posting of such notices. 3. The Board of Directors of the DDA hereby finds and determines that adoption of the aforesaid regulation is in the best interests of the constituents of the DDA and necessary for the reasonable administration, protection and maintenance of the Plaza. Passed and adopted at a special meeting of the Board of Directors of Fort Collins Downtown Development Authority this 18th day of September, 2002. By: Larry Strou , Chair A7 T- i7pdmeadors, Secretary 2 R,9 5A%. III III n ta'; "fan .F S A � m Y x'"?FPS h6 nA Y a t!z TRFMBLEIlls i k„ fi ,,✓°rxrk,.f��-f #,E,r- - K 4 i��5 n�,s '+.�w `3^h yy � ��#�T -,�,''ra 5 � �„ �,.a y Y� 4yM+�4�Y TWA HC �F% xM'�•3.� -i'"-.✓ �C^ P wY�: � ¥ 's' 'a±� 'ti' "� � +Sr>3 �` �, j✓ s � � 4 a\ �s^b�kz'<+�g„Y �3 f -'-�� k �'.�� '�, M�t�v'^emu.`r� r » ' "- nrk'05�" `.as i� - d r•4�' r-i'� .F"' W"" i# [ "1�* '`v, +� Y"' Fi'�.F �Ni y+r z•-... +t ,g*.n"" '�4 3x Legend ® ODA Property T°Closed Old Town Plaza I' ® City Property To Be Closed Ali Properties To Be Closed M °°° ° a°l" _:... Other Privately Owned Property I. N City Owned Property Printed: October 10,2002 1 inch equals 100 feet w+ City RgtYsof-Way, " - s Property Boundaries ............................ i