HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2017 - RESOLUTION 2017-100 RESCINDING RESOLUTIONS 2017-09Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY November 7, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Resolution 2017-100 Rescinding Resolutions 2017-092, 2017-093, 2017-094, and 2017-095 Initiating the
Water Treatment Facility Annexations to Allow Sufficient Time to Provide Required Notice.
EXECUTIVE SUMMARY
The purpose of this Resolution is to rescind the Fort Collins Water Treatment Facility Annexations No. 1, 2, 3
and 4 Initiating Resolutions No. 2017-092, 2017-093, 2017-094, 2017-095 (adopted October 17, 2017) and
delay the annexation in order to satisfy the notification requirement that 90 days notification be provided to
abutting property owners pursuant to Colorado Revised Statues 31-12-105(1)(e.3).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On October 17, 2017, City Council unanimously approved Resolutions No. 2017-092, 2017-093, 2017-094 and
2017-095, initiating a series of annexations of right-of-way and the City-owned property located at 4316
Laporte Avenue upon which the Fort Collins Water Treatment Facility operates.
In instances of flagpole annexations (here Laporte Avenue is the “pole” and the Water Treatment Facility
Property is the “flag”), the Colorado Revised Statutes provide property owners abutting the proposed “pole” a
time-limited opportunity to petition for annexation concurrent with the flagpole annexation. Colorado Revised
Statutes Section 31-12-105(1)(e.3) requires 90 days advance notice to such abutting property owners and the
recommended rescission of the previously adopted Resolutions is to allow sufficient time for this notice
requirement to be satisfied.
Should a property owner abutting the “pole” petition for annexation, the petition must satisfy statutory
requirements. Any such petition would be determined at the same hearing in which the Water Treatment
Facility Annexation is decided. It should be noted that the City of Fort Collins will not be upgrading water,
sewer, gas, or electric service along Laporte Avenue and it would be the petitioner’s obligation to pay for the
extension of any services or utilities. Staff will reinitiate annexation proceedings at an appropriate future date.
CITY FINANCIAL IMPACTS
There are no financial impacts associated with this Resolution.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendations are associated with this Resolution.
Agenda Item 18
Item # 18 Page 2
PUBLIC OUTREACH
No public outreach was conducted as part of this Resolution.
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RESOLUTION 2017-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RESCINDING RESOLUTIONS 2017-092, 2017-093, 2017-094, AND 2017-095
INITIATING THE WATER TREATMENT FACILITY ANNEXATIONS
TO ALLOW SUFFICIENT TIME TO PROVIDE REQUIRED NOTICE
WHEREAS, on October 17, 2017, Council adopted Resolutions 2017-092, 2017-093,
2017-094, 2017-095 (collectively, the “Resolutions”), to initiate a series of annexations of right-
of-way and the City owned property located at 4316 Laporte Avenue upon which a City water
treatment facility is operated; and
WHEREAS, as part of the Resolutions, a hearing date for the proposed series of
annexations was scheduled for November 21, 2017; and
WHEREAS, to satisfy notice requirements to property owners abutting the right-of-way
proposed to be annexed, it is necessary to reschedule the hearing date.
NOW, THEREFORE, BE IT RESOLVED 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 the City Council hereby rescinds the Resolutions and vacates the
November 21, 2017, hearing date.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of November A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk