Loading...
HomeMy WebLinkAboutMINUTES-01/29/1980-AdjournedJanuary 29, 1980 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Council Meeting - 4:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, January 29, 1980, at 4:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following Council - members: Bowling, Gray, Kross, Reeves and Wilkinson. Absent: Councilmen St. Croix and Wilmarth. Staff Members Present: Arnold, Liley, Lewis, Bingman and Rupel. First Readina Creati TO: The Honorable Mayor and City Council FM: Lucia A. Liley, City Attorney DT: January 17, 1980 RE: Storm Sewer Improvement District #17 When Storm Sewer Improvement District #17 was originally proposed, the City was informed that the district would be 100% voluntary and that 100% of the costs would be assessed against the district. Since the district was to be 100% voluntary, the City did not concern itself with the apportionment of the assessment. It was our thought that if the assessment formula were acceptable to the individual property owners in the district, then we ought not to interfere. Working with the property owners in the district, Harry Cornell prepared an engineering study and an apportionment formula. For reasons not fully known to the City, some of the property owners within the district disputed the apportionment formula and refused to sign the neces- sary documents to make the district 100% voluntary. The City was then faced with a quandry. We did not feel it appropriate to force someone else's apportionment formula upon non -voluntary members of the district and yet we did not have an apportionment formula of our own. - 38 3- January 29, 1980 a When it appeared that the parties were not going to reach an agreement, we requested Harry Cornell to come up with a new apportionment formula based solely on the issue of contributing acreage. This was done but the new apportionment formula was not acceptable to other members of the district. To further complicate matters, our ordinances pertaining to the establish- ment of improvement districts require that all work must be bid after the formation of the district. In the case of Storm Sewer Improvement District #17, the bids were obtained prior to the formation of the district and were considered by all parties to be quite favorable. If the district is not 100% voluntary, we feel it is absolutely essential that we comply with all of our ordinances relating to the establishment of improvement districts and particularly with the one which requires that all work be bid after the establishment of the district. However, when a district is 100% voluntary, we have taken the position that any of the statutory requirements may be waived upon the consent of all parties involved. Thus, if Improvement District #17 were 100% voluntary, it would be possible for the bid provi- sion to be waived and the City would be permitted to utilize the earlier, more favorable bid. We have, therefore, been searching for some way in which to make the district 100% voluntary. After a number of meetings with different residents within the district, it was decided that the district line should be redefined to exclude property owned by Mr. Betz and Mr. Holter. If this were accomplished, the district would once again be 100% voluntary and be in a position to utilize the earlier bids. The attached Ordinance accomplishes that goal. Intense negotiations with the parties are continuing. It is quite possible they will reach agreement prior to the meeting. In that event we will amend the Ordinance as necessary. Attached also, please find a proposed Ordinance providing for the reim- bursement of improvement costs from the developers of properties which utilize improvements for their own benefit. In concept, this repay proce- dure is similar to that presently used for water and sewer lines. If District #17 should proceed as proposed, when Mr. Betz and Mr. Holter's property proceeds to development and begins to utilize the storm drainage improvement facilities, they would be reauested to reimburse the district. City Attorney Liley advised Council that they are considering Ordinance No. 19, 1980, Creating Improvement District #17. The concern again is that two property owners are excluded under this ordinance. Council should decide the appropriateness of excluding the property owned by -384- January 29, 1980 Betz and Holter, and the fairness of the formula for the potential repay agreement. She then called Council's attention to a remonstrance submitted by Mr. Betz and Mr. Holter. Mayor Bowling then requested those speaking in favor of the Ordinance to come forward. Attorney Arthur March, Jr. spoke in favor of the Ordinance and presented copies of the agreements signed by the various property owners, a copy of the bid and a letter from Mr. Reid Rosenthal which related the background. Mr. George Holter spoke in opposition to the Ordinance. He then discussed his involvement in obtaining a lower bid and his desire to recover his costs in obtaining a lower bid. Lastly, he stated he was in favor of an Improve- ment District, whether by agreement of 100% of the land owners or by the City, provided the costs are kept reasonable and each owner pays for his fair share for all his land benefited by the facility. Mr. Holter also referred to two previous addendums to the subdivision agree- ment for the Fossil Creek Commercial Plaza P.U.D. having to do with the temporary and permanent facilities. Attorney Garth Rogers, property owner, addressed the repay provisions, which he felt were equitable. Milo Bunker, Agent of the Troutman Estate, spoke in support of the pro- posed District. Mr. Harry Cornell reported on the potential overruns if easements are re- quired. Councilman Wilkinson made a motion seconded by Councilman Kross to amend Ordinance No. 19, 1980 by deleting Section 7, declaring an emergency, de- leting the last paragraph, passing the Ordinance as an emergency and by substituting the following language: "Introduced, considered favorably on first reading, and ordered published this 29th day of January, A.D. 1980, and to be presented for final passage on the 19th day of February, A.D. 1980", and to adopt the Ordinance as amended. YEAS: Councilmembers Bowling, Gray, Kross, Reeves and Wilkinson. NAYS: None THE MOTION CARRIED. -385- January 29, 1980 Ordinance Denied on First Readinq Relating to the Creation of Storm Sewer Improvement District No.l7. City Attorney Liley stated Council needs to deny Ordinance No. 166, 1979, which is the Alternative Ordinance. Councilwoman Reeves made a motion which was seconded by Councilman Wilkinson to deny Ordinance No. 166, 1979 on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves and Wilkinson. NAYS: None THE MOTION CARRIED Adjournment The meeting was adjourned at 5:30 p.m. 9