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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/05/2002 - FIRST READING OF ORDINANCE NO. 162, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 28 DATE: November 5, 2002 FORT COLLINS CITY COUNCIL FROM: John F. Fischbach Steve Roy SUBJECT : First Reading of Ordinance No. 162, 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 a portion of the area. The proposed ordinance would close the City's portion of the Plaza during the same early morning hours to everyone except those individuals who own, or work in, one of the Plaza businesses. The purpose of this proposed ordinance is to work with the DDA to ensure that the publicly owned property within the Plaza remain safe and is 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. ORDINANCE NO. 162, 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 THE OLD TOWN PLAZA WHEREAS, the City and the Downtown Development Authority ("DDA") each own certain real property within the Old Town Plaza, (the "Plaza") as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the DDA owns approximately 32,000 square feet of such property, and the City owns approximately 2,800 square feet of the same; and _ WHEREAS, the City-owned property within the Plaza consists of a portion of the right- of-way for Linden Street that was not vacated by the City at the time the Plaza was created; and WHEREAS, a number of disturbances have begun to occur within the Old Town Plaza on a regular basis following the closure of taverns in the area, which disturbances threaten the safety of the public, as well as the preservation of the privately and publicly owned fixtures and improvement within the Plaza; and WHEREAS, by the adoption of Resolution 2002-03, dated September 18, 2002, the DDA Board has decided to close its portion of the Plaza during the early morning hours of each day so as to better protect public safety and to provide for the improved maintenance of such property; and WHEREAS, the City Council believes it to be in the best interests of the City to cooperate with the DDA in this regard and to close its portion of the Plaza to public use during the same periods of time. 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. OLD TOWN PLAZA RIGHT-OF-WAY Sec. 23-250. Closure. (a) In order to better protect public safety and provide for improved maintenance within Old Town Plaza, certain city-owned property within Old Town Plaza will be closed during the early morning hours of each day. • Specifically, that portion of the Linden Street right of way that is north of Mountain Avenue and south of 25 Old Town Square shall be closed for use by the public between the hours of 2:00 a.m. and 6:00 a.m. For the purpose of this Section, "Old Town Plaza" shall mean all publicly owned property within the areas bordered by College Avenue, Mountain Avenue and Walnut Street. The City Manager shall cause notice of such closure to be prominently posted at all entrances to the Old Town Plaza. No person shall enter or remain on property closed to public use under this Section during such hours of closure; provided, however, that in the event that the Downtown Development Authority extends the hours of operation of Old Town Plaza to accommodate an event sponsored or approved by the Downtown Development Authority, the hours of closure of the city-owned property governed by this Section shall coincide with the hours of closure of the property owned by the Downtown Development Authority in the Old Town Plaza. (b) Subsection (a) of this Section shall not apply to emergency or law enforcement operations or to maintenance activities nor shall it apply to any owner, operator or employee of any business located within, adjacent to, the Old Town Plaza who is traveling to or from the business property. Sees. 23-251-23-300. Reserved. Introduced, considered favorably on first reading, and ordered published this 5th day of November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of November, A.D. 2002. Mayor ATTEST: City Clerk ( ', _ / •� - _+ 1 ? •u� y♦ � of � �• �'�' � .',. •��! O SFy `�1^• . � 1� ^ k . v � / Y AN xr IiXa� - i 49 9 J -� 'µll ift4v ♦ ! `f.,.y. [M -b, N. � W� '� .iY�'�, yyy �.• L ?' — t. MOUN T�'i,_ ♦.M..w yew .w '� 1 f• + at Legend Old Town Plaza EnDDA Properly To Be Closed ®Clly Property To Be Cloned "rope es To Be Closedcover Privately Owned arty N -City Owned Property Printed: October 10,2002 1 inch equals 100 feet w+e City Rights-of-Wry s Property SwWaries .........._................. 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 seq. (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 1 Sth day of September, 2002. By: Larry trou ,ClIkir A T: Jas M ors, Secretary 2