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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