HomeMy WebLinkAbout2007-025-03/06/2007-URGING THE REGISTERED ELECTORS OF THE CITY NOT TO SUPPORT THE REPEAL OF ORDINANCE NO. 137, 2006, WHI RESOLUTION 2007-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
URGING THE REGISTERED ELECTORS OF THE CITY NOT TO SUPPORT
THE REPEAL OF ORDINANCE NO. 137, 2006, WHICH ANNEXES PROPERTY
KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION
WHEREAS, by Ordinance No. 137, 2006, (the "Ordinance") the City Council annexed
certain property into the City known as the"Southwest Enclave Annexation"; and
WHEREAS, following adoption of the Ordinance, a referendum petition was filed with the
City seeking to repeal the Ordinance, which petition was certified to the City Council as sufficient
on December 19, 2006, at which time the Council chose not to repeal the Ordinance and instead
referred it to a vote of the registered electors of the City at the next regular City election to be held
on April 3, 2007; and
WHEREAS,the City and Latimer County have a long-standing intergovernmental agreement
which provides for the orderly planning and urban development of the area in and adjacent to the
City, which agreement obligates the City to pursue the annexation of enclaves as they occur; and
WHEREAS, the County is not equipped to provide urban level services, and it is not in the
best interests of either the City or the County that a "checkerboard" pattern of urban and rural
development occurs within the boundaries of the City; and
WHEREAS,business and individuals located in isolated pockets of unincorporated territory
surrounded by the City benefit from City services and should help to pay for those services; and
WHEREAS,it is difficult for the County Sheriff to provide police protection to those pockets
of unincorporated territory; and
WHEREAS,the Southwest Enclave,although large,is an unincorporated parcel of property
surrounded by the City which contains the City's southern entrance along College Avenue, and it
is fitting and proper that the City have regulatory control over the development of land in that area
in order to ensure that future development and redevelopment comports with the Comprehensive
Plan of the City and in order to improve to urban standards the appearance, traffic safety, and
connectivity of that southernmost entrance to the City; and
WHEREAS,as a result of a great deal of public input and participation,including numerous
community meetings,meetings with County Commissioners, City Councilmembers and City staff,
the City Council has agreed to significant mitigation measures to guarantee fundamental fairness to
all residents of the Southwest Enclave upon annexation including,without limitation,the following:
• using reserve funds to cover all except 5%of the 25%mandated service rights fee for
current Poudre Valley Rural Electric Authority customers;
• undergrounding electric utilities at no cost to property owners;
• phasing in monthly stormwater utility fees over a five-year period;
• allowing barbed wire fences and electrically charged fences used for livestock and
pasture management in UE and RUL zones;
• changing the amortization period to seven years for nonconforming permanent signs;
and
• changing the licensing and record-keeping requirements for secondhand dealers/flea
markets so as not to put an undue burden on individual booth operators; and
WHEREAS,the City Council believes that it is unreasonable to expect that the City will be
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able to effectively plan, design, and manage the growth and development of the City when
unincorporated pockets of land are located in the midst of the City and are not under the jurisdiction
of the City; and
WHEREAS,for all of the above reasons,the City Council firmlybelieves that the annexation
of the Southwest Enclave is in the best interests of the City, the County, and in the long term, the
residents and business owners in the Southwest Enclave.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that for the foregoing reasons, the City Council urges the registered electors of the City
not to support the repeal of Ordinance No. 137, 2006, which annexed the Southwest Enclave into
the City and to vote "no" on the Southwest Enclave ballot measure.
Passed and adopted at a regular meeting of the Co f the City of Fort C ins this 6th
day March, A.D. 2007.
Mayor
ATTEST:
Udoe
City Clerk