HomeMy WebLinkAboutMINUTES-09/07/1999-RegularSeptember 7,1999
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 7,
1999, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner
and Weitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Al Baccili, 520 Galaxy Court, spoke in opposition to the vendor's fee.
Aaron Chase, 1300 Westward Drive, opposed the provision of the proposed nuisance ordinance that
would allow the City to seize nuisance properties.
B. J. Reising, spoke regarding the need to retain the existing BMX trails located on property that has
been purchased by the City for the Locust Street storm drainage outfall at the corner of Riverside and
Lemay.
David Lauer, 1404 Robertson, presented a petition with 70 signatures for the purchase of
development rights for 5.2 of open space for a park between Stover and Lemay south of Prospect
along Spring Creek.
Randy Fischer, 3007 Moore Lane, Natural Resources Board member, spoke regarding the Poudre
River floodplain regulations and commended Stormwater staff for its work on the regulations.
Citizen Participation Follow-up
Councilmember Bertschy requested a two -page memo regarding the effect of the Locust Street
stormwater project on the BMX trails and options regarding the trails.
Councilmember Weitkunat asked for additional information relating to the history of the BMX trails.
Councilmember Bertschy spoke regarding the petition presented by Mr. Lauer regarding the park
site.
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September 7, 1999
Councilmember Kastein stated that the vendor's fee is in line with the practice in other Colorado
communities and that he would not be in favor of pursuing any change.
Councilmember Mason requested that another copy of the recent staff memo on the vendor's fee be
provided to Mr. Baccili.
Councilmember Mason noted that the nuisance ordinance is still in a draft stage and that the latest
draft does not include a provision relating to seizure of nuisance properties. City Manager Fischbach
stated that he would provide Mr. Chase with a copy of the latest draft of the ordinance.
Councilmember Bertschy requested a comparison of the proposed Poudre River floodplain
regulations with existing regulations for other floodplains.
Councilmember Kastein asked for clarification regarding the seizure provisions in the proposed
nuisance ordinance. City Attorney Roy explained that the seizure provision has been eliminated
from the ordinance and that there will be public outreach on the nuisance ordinance when the
drafting is complete.
Councilmember Mason spoke regarding the objective park and open space determination process.
Councilmember Weitkunat spoke regarding the importance of the citizen participation process.
CONSENT CALENDAR
Consideration and adoption of the Council meeting minutes of August 3 and Au ust 17
1999, and the adjourned meeting of July 27 1999
8. Items Relating to the Johnson -Harmony Annexation and Zoning.
A. Second Reading of Ordinance No. 109, 1999, Annexing Property Known as the
Johnson- Harmony Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 110,1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Johnson -Harmony Annexation.
On July 6,1999, Council unanimously adopted Resolution 99-80 Setting Forth Findings of
Fact and Determinations Regarding the Johnson -Harmony Annexation.
On July 6, 1999, Council also unanimously adopted Ordinance Nos. 109 and 110, 1999,
which annex and zone approximately 63.265 acres in size encompassing 61.468 acres of
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private land and 1.797 acres dedicated for Cinquefoil Lane right-of-way. The subject
annexation is located south of East Harmony Road and east of Cambridge Avenue. The
property has rural agricultural uses and is in the FA-1 Farming District in Larimer County.
The recommended zoning is the Harmony Corridor District (HC). This is a 100%
voluntary annexation.
On July 20, 1999, the applicant, Les Kaplan, requested postponement of Second Reading of
Ordinance Nos. 109 and 110, 1999 to this date to allow additional time to coordinate land
planning and engineering with additional annexations to the south and east (Willow Brook
1 & 2).
APPLICANT: Lester M. Kaplan
1060 Sailors Reef
Fort Collins, CO 80525
OWNERS: Glen Johnson-3432 Carlton Avenue, Fort Collins, CO 80525
Jean Johnson-3432 Carlton Avenue, Fort Collins, CO 80525
Donald LeFever-4710 Cinquefoil Lane, Fort Collins, CO 80525
Dorothy LeFever-4710 Cinquefoil Lane, Fort Collins, CO 80525
9. Second Reading of Ordinance No. 134, 1999 Approving the Terms of the Lease for the
City's Lease of the Building at 220 East Olive Street/235 Mathews Street Fort Collins
Colorado.
The City's Transportation Department leases the building at Olive and Mathews Streets. The
current lease expires August 31, 1999. Staff has renegotiated the lease to continue until the
Transportation Department moves into the new City office building upon its completion.
The term of this Lease Agreement commences on September 1, 1999 and continues until
August 31, 2002, with the City having the option to terminate at any time with a six-month
notice of termination. Ordinance No. 134, 1999, was unanimously adopted on First Reading
on August 17, 1999 and authorizes the City's lease of 220 East Olive Street/235 Mathews
Street.
10. Second Reading of Ordinance No. 135, 1999 Desi ating the Harden House 227 Wood
Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City
Code.
The owner of the property, Dr. David Rowan, initiated this request for Local Landmark
designation for the Harden House. The building is significant for its architectural
importance, as a representative example of vernacular residential architecture in Fort Collins,
typical of the turn of the century. Ordinance No. 135, 1999, was unanimously adopted on
First Reading on August 17, 1999.
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11. Second Reading of Ordinance No. 136 1999 Approving and Authorizingthe e City to Enter
into Agreements in Connection with the Execution and Delivery of Lease Certificates of
Participation for Street and Recreational Improvements
The GID and Golf Fund projects will be financed through the use ofa non-profit corporation,
the Fort Collins Capital Leasing Corporation. This is similar to the financing used for the
parking structure and future City office building. Through a lease -leaseback arrangement,
the City will lease the existing police station (a 24,220 square foot building located at the
southeast corner of LaPorte Avenue and Howes Street) and the adjacent parking lot to the
Fort Collins Leasing Corporation under a 30-year site lease. The Corporation will then lease
the properties back to the City for a term of 20 years. The actual financing will be
accomplished through the sale of certificates of participation (COPS). Upon payment in full
of the Certificates of Participation, the site lease will be terminated. Ordinance No. 136,
1999, was unanimously adopted on First Reading on August 17, 1999.
As of the date of the First Reading, the City had not yet awarded a bid to the successful
bidder. This Ordinance has been revised on Second Reading to reflect the successful bidder
and the actual pricing of the deal.
12. Items Relating to the Willow Brook First Annexation and Zoning
A. Second Reading of Ordinance No. 137, 1999, Annexing Property Known as the
Willow Brook First Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 138, 1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Willow Brook First Annexation.
On August 17, 1999, Council unanimously adopted Resolution 99-102 Setting Forth
Findings of Fact and Determinations Regarding the Willow Brook First Annexation.
Also on August 17, 1999, Council unanimously adopted Ordinance Nos. 137 and 138, 1999,
which annex and zone approximately 39.41 acres of privately owned property located west
of County Road 7 and north of County Road 36. The property has rural agricultural uses and
is in the FA-1 Farming District in Latimer County. The recommended zoning is the LMN
— Low -Density Mixed Use Neighborhood District. This is a 100% voluntary annexation.
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September 7, 1999
APPLICANT:Tom Iskiyan-Chateau Development Company
8101 East Prentice Avenue, Suite 815
Greenwood Village, CO 80111
OWNERS: Thomas Morroni-H.H. Investment Company
P.O. Box 16383
Denver, CO 80216
13. Items Relating to the Willow Brook Second Annexation and Zoning
A. Second Reading of Ordinance No. 139, 1999, Annexing Property Known as the
Willow Brook Second Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 140, 1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Willow Brook Second Annexation.
On August 17, 1999, Council unanimously adopted Resolution 99-103 Setting Forth
Findings of Fact and Determinations Regarding the Willow Brook Second Annexation.
Also on August 17, 1999, Council unanimously adopted Ordinance Nos. 139 and 140, 1999,
which annex and zone approximately 75.22 acres of privately owned property located west
of County Road 7 and north of County Road 36. The property has rural agricultural uses and
is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN
— Low -Density Mixed Use Neighborhood District. This is a 100% voluntary annexation.
APPLICANT:Tom Iskiyan-Chateau Development Company
8101 East Prentice Avenue, Suite 815
Greenwood Village, CO 80111
OWNERS: Thomas Morroni
Electrical Equipment Engineering Company- Employee Profit Sharing Trust
P.O. Box 16383
Denver, CO 80216
14. Second Reading of Ordinance No. 141, 1999 Authorizing the Conveyance of a 2.18 Acre
Parcel to Huntington Hills of Colorado LLC in Exchange for Approximately 20 Acres of
Natural Area P=erty Near Mail Creek and Fossil Creek.
This Ordinance, which was unanimously adopted on First Reading on August 17, 1999,
authorizes a land exchange between the City of Fort Collins and Huntington Hills of
Colorado, LLC. As a result of the exchange, Huntington Hills will continue to own a 12-acre
parcel of land to be developed as the 7th filing of the Huntington Hills development. The
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September 7, 1999
City will own a 30-acre parcel of land along Fossil Creek and Mail Creek that will be
incorporated into the Natural Areas System. The exchange provides for the consolidation
of natural areas along the creeks, enables a wider buffer zone between development and the
creeks, and facilitates future plans for public trails, environmental interpretation, and habitat
enhancement in the vicinity. The agreement also provides for appropriate street and utility
easements for the future development of the land retained by Huntington Hills.
15. First Reading of Ordinance No. 143 1999 Appropriating Unanticipated Revenue in the
General Fund for the Northern Colorado Communities I-25 Regional Corridor Plan
Last week, the last of the eight partnering jurisdictions gave its approval to begin the
preparation of a Northern Colorado Communities I-25 Corridor Plan, when the Loveland
City Council approved its share of the funding for the project. Fort Collins, Larimer County,
Windsor, Berthoud, Timnath and Johnstown have informally agreed to proceed cooperatively
in funding and carrying of the planning project. Each jurisdiction's share in the cost of the
project is based on population, as has been done in the past on other regional projects. The
total cost for the project is estimated at $300,000. The City's share is $137,280, which has
been previously budgeted and appropriated in 1999 and included in the Year 2000 budget
request. Weld County declined to share in the cost of the project, but did agree to participate.
The City of Fort Collins will act as Project Manager.
16. First Reading of Ordinance No. 144 1999 Appropriating Unanticipated Revenue in the
Capital Projects Fund Maior Building Maintenance Ca itan 1 Project for Facade Restoration
of the Street Railway Car Barn.
This request is to appropriate unanticipated revenue in the amount of $103,800 for the facade
restoration of the Street Railway Car Barn, 330 North Howes.
The City of Fort Collins has been awarded a State Historical Fund grant in 1999 by the
Colorado Historical Society. The purpose of the grant is to restore the facade of the 1907
Street Railway Car Barn. The building's front facade masonry will be re -pointed, the
north/south additions will be re -roofed, the original trolley bay doors will be rebuilt,
windows and pass doors will be reopened/restored and/or reconstructed, and the historic sign
and flagpole will be stabilized.
17. First Reading of Ordinance No. 145, 1999 Appropriating Federal Grant Revenue and
Authorizing the Transfer ofAppropriations Between Projects in the Transportation Services
Fund for the Operation of the North Front Range Transportation & Air Quality Planning
Council's 1999-2000 Metropolitan Planning Organization Administration Program Year.
The North Front Range Transportation & Air Quality Planning Council (NFRT&AQPC) is
the regional Metropolitan Planning Organization. The administration/program budget for
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September 7, 1999
the NFRT&AQPC is funded with federal transportation program dollars administered by the
Colorado Department of Transportation (CDOT) based on the federal fiscal and program
year of October 1, 1999 to September 30, 2000. This period does not correspond to the
City's calendar year appropriation time frame, and this time differential causes some
accounting and budget management problems. The Council's approval of this Ordinance
will enable staff to more consistently manage and track the NFRT&AQPC's budget and
expenditures. The proposed budget and appropriation for the 1999-2000 program year is
$618,824 for administration of the NRFT&AQPC.
18. Resolution 99-108 Authorizing Modification of the City's Contract with the Fort Collins
Convention & Visitors Bureau (CVB) to Reallocate Current CVB Budget Resources to
Provide Proactive Conference and Convention Sales
In 1996 the City of Fort Collins modified its contract for tourism and conference services
with the CVB. Pursuant to the previous contract, the CVB received a straight 75% of the
total Lodging Tax collected within the city. With the new contract in 1996, the focus was
somewhat shifted to a more local event and general tourism direction. The CVB was limited
to a flat $250,000 per year plus CPI growth. The new agreement also eliminated proactive
conference and convention sales from the Bureau's contract, limiting the focus to general
tourism, local event promotion, and reactive conference and convention activity.
19. Resolution 99-109 Emphasizing the Cooperative/Partnering Relationship Between the City
and the U.S. Census Bureau in Achieving an Accurate and Complete Count of Persons
Residing in the City in Census 2000.
The United States census, taken each decade, is of immense importance. The census dictates
legislative representation and defines and determines many of the needs of local
communities.
The Census Bureau cannot conduct the census alone. It needs to mobilize strong partners
to help in accomplishing the goal of a complete census. State and local governments, non-
governmental organizations, businesses and the media are all called upon to help spread the
word about the census and to encourage the active participation of everyone.
In our community, the City of Fort Collins is called upon to establish a local Complete Count
Committee, which will be appointed by the City Manager. This committee is to help promote
the 2000 Census, especially to "hard to enumerate" populations, such as students, minorities,
lower -income families, non-English speaking people, and so on. Given its task, the
committee will be comprised ofrepresentatives from major employers in educational groups,
religious institutions, members of the media and various groups and organizations that have
knowledge of or linkages to "hard to enumerate" populations.
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September 7, 1999
The Complete Count Committee will be established in September/October and our target is
to schedule the committee's first meeting in October. The committee will then have the task
of publicizing and educating the community about the census and encouraging all members
of our community to participate in the census.
20. Resolution 99-110 Supporting the Preservation of the North Front Range Transportation and
Air Ouality Planning Council Transportation Improvement Program.
This Resolution expresses Council's support for the Transportation Improvement Program
(TIP) of the regional planning organization and encourages the Colorado Department of
Transportation (CDOT) not to make changes or reductions in the TIP, even though the state
Transportation Commission has reduced the funding available to our region. The reason
behind this is that in the past CDOT has promised a certain percentage of funding to our
region but has consistently delivered a smaller amount than promised. By implication, this
Resolution suggests that CDOT allocate the funding cuts to other regions that have received
more than their promised share in the past.
21. Resolution 99-111 Setting the Dates of the Public Hearings on the 2000 and 2001 Proposed
City of Fort Collins Biennial Budget
The City will be adopting a biennial budget for the years 2000 and 2001. The City Charter
requires that the City Council set a date for a public hearing on the proposed budget. This
Resolution sets that hearing date for the Council meeting of September 21, 1999. In an effort
to receive further public input, this Resolution also sets an additional hearing date for the
October 5, 1999 Council meeting.
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Relating to the Johnson -Harmony Annexation and Zoning_
A. Second Reading of Ordinance No. 109, 1999, Annexing Property Known as the
Johnson- Harmony Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 110, 1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Johnson -Harmony Annexation.
9. Second Reading of Ordinance No 134 1999 Approving the Terms of the Lease for the
City's Lease of the Building at 220 East Olive Street/235 Mathews Street Fort Collins
Colorado.
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September 7, 1999
10. Second Reading of Ordinance No. 135, 1999 Designating the Harden House 227 Wood
Street, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City
Code.
11. Second Reading of Ordinance No 136 1999 Approving and Authorizing the City to Enter
into Agreements in Connection with the Execution and Delivery of Lease Certificates of
Participation for Street and Recreational Improvements
12. Items Relating to the Willow Brook First Annexation and Zoning_
A. Second Reading of Ordinance No. 137, 1999, Annexing Property Known as the
Willow Brook First Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 138, 1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Willow Brook First Annexation.
13. Items Relating to the Willow Brook Second Annexation and Zoning
A. Second Reading of Ordinance No. 139, 1999, Annexing Property Known as the
Willow Brook Second Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 140, 1999, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Willow Brook Second Annexation.
14. Second Reading of Ordinance No. 141, 1999 Authorizing the Conveyance of a 2.18 Acre
Parcel to Huntington Hills of Colorado, LLC in Exchange for Approximately 20 Acres of
Natural Area Property Near Mail Creek and Fossil Creek
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
15. First Reading of Ordinance No. 143, 1999 Appropriating Unanticipated Revenue in the
General Fund for the Northern Colorado Communities I-25 Regional Corridor Plan
16. First Reading of Ordinance No. 144, 1999 Appropriating Unanticipated Revenue in the
Capital Projects Fund Major Building Maintenance Capital Project for Facade Restoration
of the Street Railway Car Barn.
17. First Reading of Ordinance No. 145, 1999 Appropriating Federal Grant Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Transportation Services
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September 7, 1999
Fund for the Operation of the North Front Range Transportation & Air Quality Planning
Council's 1999-2000 Metropolitan Planning Organization Administration Program Year.
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-u
Councilmember Weitkunat spoke regarding item #18 Resolution 99-108 Authorizing Modification
of the City's Contract with the Fort Collins Convention & Visitors Bureau (CVB) to Reallocate
Current CVB Budget Resources to Provide Proactive Conference and Convention Sale and the
impact of tourism dollars on the community.
Councilmember Bertschy noted that the Resolution adopted in item #18 is an important policy
change that will enable marketing for conference business.
Councilmember Bertschy highlighted item #21 Resolution 99-111 Setting the Dates of the Public
Hearings on the 2000 and 2001 Proposed City offort Collins Biennial Budget and encouraged the
public to participate in the budget hearings.
Staff Reports
City Manager Fischbach reported that a citizen's guide entitled "Plan and Prepare for Y2K and
Beyond" has been produced and will be distributed through a variety of sources. He also presented
an update on the planning process for the alignment of East Vine Drive and noted that a public
meeting is scheduled on September 13.
Councilmember Reports
Councilmember Wanner reported on Finance Committee discussions regarding a sales tax rebate for
affordable housing, the auditor's management letter, the Housing Authority's annual financial report,
second quarter investment reports, and the Downtown Development Authority projects that are in
process.
Councilmember Wanner reported on the Health and Safety Committee discussions regarding
weapons in public buildings and the nuisance and pawnshop ordinances.
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September 7, 1999
Councilmember Wannerreported on the Growth Management Committee discussions regarding the
Poudre River floodplain regulations and the downtown river corridor implementation plan for City
projects.
Councilmember Byrne reported on the North Front Range Transportation Air Quality Planning
Council discussions regarding the impact of reductions in State funding for transportation in the
region.
Councilmember Mason stated that he will propose an other business item to consider a Resolution
opposing the November transportation initiative.
Consideration of the Appeal of the July 1, 1999
Planning and Zoning Board Decision to Deny a Minor Amendment to
the Greens at Collindale PUD Decision of the Planning and Zoning Board Upheld
The following is staff s memorandum on this item.
"Executive Summary
On July 1, 1999, the Planning and Zoning Board denied a minor amendment to the Greens at
Collindale PUD that had been referred to them by the Current Planning Director. This was a
request to revise the design of the fence/wall that was approved on the west side of the development
adjacent to Lemay Avenue. The new fence would be a combination of five foot high solid masonry
sections and 45 inch high masonry walls with a row ofglass block. There would also be a 32 foot
wide section of open wrought iron fencing in the northern section of the fence/wall.
On July 15, 1999, a Notice of Appeal was received by the City Clerk's Office alleging that the
Planning and Zoning Board "(1) did not properly interpret nor properly apply relevant law (Land
Use Code) and (2) considered substantially false or grossly misleading evidence from the appellants
opponent, the Harbor WalkNeighbors. " The Notice ofAppeal was subsequently amended and filed
with the City Clerk on July 23, 1999. "
City Attorney Roy explained the appeal process, the definition of parties -in -interest, and the options
available to Council at the conclusion of the appeal hearing.
Councilmember Wanner withdrew from discussion on the agenda item due to a perceived conflict
of interest.
("Secretary's Note: Councilmember Wanner left the meeting at this point.)
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Mayor Martinez stated that he would allow 10 minutes for the appellants to give a presentation and
10 minutes for the opponents to give a presentation, and that each side would have five minutes for
rebuttal.
Bob Blanchard, Director of Current Planning, stated that this is an appeal of a minor amendment that
was referred to the Planning and Zoning Board to change a design of a fence wall located along
Lemay Avenue at the Greens of Collindale P.U.D. He presented a site map showing the project site
and spoke regarding the history of the project. He noted that the applicant proceeded to change the
fence design without going through the City's approval process and that after a violation notice was
issued the applicant filed a minor amendment in accordance with the Land Use Code. He stated that
the Land Use Code allows minor amendments to approved plans if certain criteria are met, and that
in this case a determination was made that the proposed change in the fence wall did not change the
character of the overall development and could therefore be processed as a minor amendment. The
proposed amendment was then referred to the Planning and Zoning Board for a final decision in May
of 1999. On July 1, 1999 the Board denied the proposed amendment, and an appeal was filed on
July 15. He stated that the appeal is based on two allegations: 1) that the Land Use Code was not
properly interpreted and applied by the Board, and 2) that the Board failed to hold a fair hearing by
considering substantially false or grossly misleading evidence. He outlined the contents of the
material provided to the Council.
Bill Watson, appellant, requested an opportunity to present exhibits to the Council.
City Attorney Roy inquired if the exhibits were received by the Planning and Zoning Board during
its deliberations.
Mr. Watson stated that the Planning and Zoning Board did not receive the exhibits but that they
pertain to the record.
City Attorney Roy suggested that the exhibits be marked by the City Clerk and examined as to their
relevance to the record and that the Council determine if there are any objections to presentation of
the exhibits. After examining the exhibits, City Attorney Roy stated that the exhibits were pre -
marked Exhibits 5, 6, 7, and 8 and that they would be renumbered Exhibits 1, 2, 3, and 4 because
they are the first exhibits offered at this hearing. He inquired if these are new materials or were
include in the material previously submitted to the Council.
Mr. Watson stated that these are new materials.
City Attorney Roy suggested that the Mayor examine the materials in order to make a ruling
regarding admissibility and that the opponents be given an opportunity to examine the materials. He
stated that this is an appeal based upon a record of the proceedings and that the question is if the
exhibits are new evidence or facts.
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Lucia Liley, attorney representing the Harbor Walk Estates Homeowners' Association, objected to
the presentation of the four new exhibits because they contain new calculations and information that
the opponents have not had an opportunity to review. She also noted that the material which has
been provided to the Council by the applicant includes two new memos which were not presented
to the Planning and Zoning Board.
City Attorney Roy stated that an additional issue is that the exhibits were not presented within the
time frame required by the City Code.
Mayor Martinez ruled that the four exhibits would not be admitted as part of the record on the
appeal.
Bill Watson, President of Preferred Capital Management, Inc., 1136 East Stuart #4203, stated that
the Planning and Zoning Board misinterpreted and misapplied Code Section 3.4.4 relating to noise
and vibration and Section 3.8.11 relating to fences and walls. He spoke regarding Code provisions
pertaining to opacity of walls in terms of length rather than square footage and a staff memo relating
to guidelines for opacity. He stated that the Planning and Zoning Board failed to take into account
that the height of the wall has been decreased to 45 inches where the glass block section is proposed
and that lowering the wall and including the glass blocks reduces the total opacity of the wall. He
stated that the Planning and Zoning Board ignored the purposes of the Land Use Code, which are
to ensure growth and development consistent with the Code; encourage innovation in land
development and renewal; foster the safe, efficient and economic use of the land; and improve the
design, quality, and character of new development. He stated that nine lots at the Greens at
Collindale are designed to be adjacent to the Lemay Avenue traffic corridor and that the Code
mandates that those lots must have a plan to protect them from noise, light, and potential negative
impacts of the arterial street. He spoke regarding Code provisions relating to criteria for the
placement of landscape elements, such as fencing. He stated that the intent of the newly designed
wall is to buffer the nine lots from the traffic on Lemay.
Lucia Liley, attorney for opponents to the appeal, presented exhibits which had been previously
presented to the Planning and Zoning Board by the appellant.
City Attorney Roy suggested that Mr. Watson be afforded an opportunity to review the exhibits. He
stated that the four exhibits would be labeled Exhibits A, B, C, and D. He also spoke regarding the
rule that written materials must be presented within the timeframe provided by the Code.
Mr. Watson objected to Exhibit B titled Approved Fence.
Ms. Liley spoke regarding the Exhibits and stated that they are part of the record. She stated that she
would proceed with the Exhibits minus Exhibit B.
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September 7, 1999
City Attorney Roy stated that Exhibit B titled Approved Fence should be disregarded and not
considered to be part of the record for the purposes of the hearing.
Greg Lawson, 3907 Harbor Walk Lane, Vice -President of the Harbor Walk Estates Homeowners'
Association, requested that the Council deny the appeal and the amendment and require the
developer to construct the wall in accordance with the approved plan.
Corky O'Dell, 3937 Harbor Walk Lane, stated that four homeowners are present at the hearing. She
noted that a sound wall proposed for Harbor Walk Estates was denied earlier and that there is
consequently no way to protect Harbor Walk homes from sound reflected from the Greens at
Collindale wall. She spoke regarding the construction of the Greens at Collindale wall in violation
of the approved plan. She requested denial of the amendment, which would adversely impact the
quality of life for Harbor Walk Estates.
Ms. Liley, attorney representing the Harbor Walk Estates Homeowner's Association, stated that the
proposed minor amendment does change the character of the development and that it should
therefore not be approved as a minor amendment. She stated that the applicant is on record stating
in regard to other developments that if any fence is to be built in that area it needs to be open, and
that the applicant is now suggesting a solid glass block walk. She stated that this proposal is a
significant deviation from the approved site plan because there is a drastic decrease in the open area
from approximately 600 feet to 32 feet and that there is a drastic increase in the solid wall sections.
She stated that even if the glass block section is considered to be appropriately non -opaque that there
is still only half as much open area as the original approved design. She stated that there must be
compliance with the Land Use Code to at least the extent of the original compliance. She
highlighted Land Use Code provisions regarding the required length of non -opaque sections in
fences and walls and spoke regarding the noise and visual impacts of including glass blocks in place
of open sections.
Mr. Watson spoke regarding the Code requirements regarding opaque elements of walls, the
placement of landscape elements, and noise mitigation for lots abutting arterials. He noted that his
associate and not he opposed approval of the wall for Harbor Walk Estates and stated that the
original Greens at Collindale wall was a bad design. He stated that the Harbor Walk Estates
residents have not proven that there is a noise issue, that the proposed wall meets the requirements
of the Code and that the Harbor Walk Estates homeowners are seeking to block the Greens at
Collindale wall because their wall was not approved. He stated the Planning and Zoning Board
misapplied the Code by comparing the proposed wall with the old plan.
Ms. Liley asked that the unanimous decision of the Planning and Zoning Board be upheld. She
stated that the Greens at Collindale project has the same number of lots as it had when the original
site plan and fence design was approved and noted that Mr. Watson's associate made comments
regarding the Harbor Walk Estates wall on behalf of the partnership entity. She spoke regarding Mr.
Watson's interpretation of the Code provisions regarding opaque lengths in walls. She addressed
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the fairness issue, noting that the Harbor Walk Estates residences have no protection from noise
because of the earlier disapproval of their sound wall. She also noted that there will be increased
noise for Harbor Walk Estates as a result of deflection of noise from the Greens at Collindale wall.
She referenced the appellant's submission that includes driveways and entry ways as part of the non -
opaque calculations.
Councilmember Byrne asked if the wall for Harbor Walk which was denied would have been on the
public right-of-way. Blanchard stated that although that was part of the testimony, the proposed wall
was not located on public right-of-way and that the issues were noise and site lines from the
development across the street.
Mayor Martinez inquired if this question constitutes new evidence. City Attorney Roy stated that
new information is admissible in response to Council questions and that the information should be
relevant to deciding the appeal.
Councilmember Byme stated that the question is relevant because it pertains to the fairness issue.
Councilmember Mason stated that he believed the question was relevant and that he would like to
hear the history of fences in the neighborhood.
Mayor Martinez indicated that he would allow the question.
Mike Sollenberger, 3937 Harbor Walk Lane, stated that the Harbor Walk Estates fence was proposed
for location on the private greenbelt.
Councilmember Weitkunat asked for clarification regarding what Council is to assess in terms of the
appeal. City Attorney Roy stated that there are two issues to be decided by the Council: 1) was the
appellant denied a fair hearing; and 2) did the Board properly interpret and apply the criteria that
relate to the proposed minor amendment to the fence.
Councilmember Weitkunat asked if noise levels should be part of the deliberations. City Attorney
Roy stated that one of the criteria relating to the approval of fences has to do with noise, and that the
Council needs to determine if it is relevant to approving the fence.
Councilmember Kastein stated that noise is a relevant part of the deliberations and asked about the
accuracy of a flowchart included in the material. Blanchard explained the purpose of the flowchart.
Councilmember Kastein asked if the Planning staff s recommendation to the Board for approval of
the amendment was based on the determination that the wall would not put the development in
further noncompliance with the Land Use Code. Blanchard replied in the affirmative.
September 7, 1999
Councilmember Kastein asked about the issue of opaqueness. Peter Barnes, Zoning Administrator,
spoke regarding the Code provisions relating to opaqueness and height of walls.
Councilmember Bertschy asked about the status of the wall construction. Blanchard showed slides
depicting the construction status of the wall and spoke regarding the noncompliance of the wall with
the approved plan.
Councilmember Bertschy asked about the consequences of upholding or overturning the decision
of the Planning and Zoning Board. Blanchard stated that upholding the decision would constitute
a denial of the minor amendment request, which would mean that the applicant would be required
to build what was approved or make another amendment request to change the design of the fence.
He stated that overturning the decision would mean that the specific minor amendment request
would be approved.
Mayor Martinez asked Mr. Watson why construction proceeded without a permit. Mr. Watsonstated
that the construction should not have occurred and that there has since been a change in management
of the company.
Councilmember Mason asked how the size of breaks in a wall or fence would be calculated and
spoke regarding the intent to create visual interest and soften the effect of walls. Blanchard stated
that each entrance represents a break and that the purpose of the Code provision is to avoid creating
a tunnel effect.
Councilmember Mason asked about other ways to buffer lots. Blanchard stated that buffering can
be accomplished with landscaping, distance, and berming.
Councilmember Weitkunat asked why the Land Use Code applies to the fence issue. Blanchard
stated that the Land Use Code includes a provision that all amendments to approved plans fall under
the Land Use Code, and that no LDGS amendment procedures remain.
Councilmember Kastein spoke regarding the options available to Council.
Mayor Martinez spoke regarding the issue of noise.
Councilmember Weitkunat inquired about the meaning of"fair hearing." City Attorney Roy stated
that the Council is to consider the grounds stated in the notice of appeal.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to find that the
Planning and Zoning Board conducted a fair hearing.
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Councilmember Weitkunat stated that the Planning and Zoning Board did look at the evidence
before them based on the Code.
Councilmember Kastein stated that he does not believe that the arguments from the neighborhood
were "grossly misleading" or "substantially false" with regard to the noise as alleged in the appeal.
The vote on the motion to find that the Planning and Zoning Board conducted a fair hearing was as
follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Mason, to find that the
Planning and Zoning Board properly interpreted and applied relevant law of the Land Use Code to
the minor amendment of the Greens at Collindale and to therefore uphold the decision of the
Planning and Zoning Board and deny the proposed minor amendment.
Councilmember Weitkunat stated that the Land Use Code opens the door to interpretation of criteria
and that the Planning and Zoning Board did look specifically at the noise issue. She stated that the
Board's decision was reasonable and that there was some change in the character of the
development.
Councilmember Byrne stated that he would not be supporting the motion. He commented that this
is an example of too much regulation and that such walls are intended to provide relief to property
owners from the impact of living next to an arterial.
Councilmember Bertschy stated that he would support the motion. He stated that the intent of the
Code is to avoid a tunnel effect and to make such walls visually interesting.
Councilmember Mason stated that he would support the motion. He spoke regarding the need for
reasonable interpretations ofthe Land Use Code and commented regarding the review processes that
are in place.
Councilmember Kastein stated that he would not be supporting the motion. He stated that the fence
is in compliance with the Land Use Code under the strict letter of the law. He noted a lack of
discussion by the Planning and Zoning Board regarding the issue of opacity.
Councilmember Weitkunat spoke regarding options for mitigating sound and for avoiding a tunnel
effect with the fence.
Mayor Martinez commented regarding the process that was followed.
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September 7, 1999
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Mason, and Weitkunat.
Nays: Councilmembers Byrne, Kastein, and Martinez.
THE MOTION FAILED TO PASS.
City Attorney Roy stated that an affirmative vote of a majority of the Council is required to overturn
the decision of the Board, and that in the absence of such a vote, the decision of the Board stands.
Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adjourn into
Executive Session to discuss legal matters pertaining to the appeal. The vote on the motion was as
follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, and Weitkunat. Nays:
None.
THE MOTION CARRIED.
("Secretary's Note: The meeting adjourned into Executive Session at 8:35 p.m. and reconvened
following the Executive Session at 8:45 p.m.)
Mayor Martinez inquired if there were any other motions to be proposed regarding the appeal.
Hearing no further motions, he stated that the decision of the Planning and Zoning Board will stand.
City Manager Fischbach noted that a Resolution will be prepared for consideration at the next
meeting setting out the findings of the Council regarding the appeal.
"Secretary's Note: Councilmember Wanner returned to the meeting at this point.)
Resolution 99-112
Disapproving the Proposed Donation of an Aviation
Memorial at East Mulberry Street and Timberline Road Adopted
The following is staff s memorandum on this item.
"Financial Impact
Under this proposal, the Air Force Association would pay for all of the costs associated with
constructing the site, except for the landscaping. These costs are estimated to be $35,000 to
$50, 000. The City, as part of the completion of the work associated with the Timberline Extension
Project, would install the landscaping at an estimated value of $35,000. Annual maintenance
funding, estimated to be $10,500, would be an ongoing obligation of the City.
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Executive Summary
The Longs Peak Chapter ofthe AirForce Association, an association ofactive and retired Air Force
servicemen and women, and otherpublic supporters of the U.S. Air Force, represented by Edmund
L. Robert, has proposed to the City a plan to develop an aviation memorial to be located on the
northeast corner of the intersection of East Mulberry and Timberline Road. Various members of
City staff have met with Mr. Robert over the past 3 years to gain a better understanding of his
proposal and to determine the City's involvement in this project, if any, and associated costs.
The proposal involves mounting a demilitarized AT-38 aircraft on a circular pedestal. The aircraft
will be surrounded by a sidewalk, grass, trees, and other landscaping and will include an adjacent
parking area. Under this proposal, the City would be obligated to maintain the site indefinitely.
The estimated annual cost ofthis maintenance is $10,500 in today's dollars. Ifthe memorial is not
installed at this site, annual maintenance costs are estimated to be $1,500 to $2,000.
The Air Force Association will provide and help maintain the aircraft and expects to secure
volunteer labor to help with construction of the memorial. Staff understands project costs over the
City's $35, 000 landscaping contribution will be raised by and will be the responsibility of the Air
Force Association. The memorial will be located on property owned by the State of Colorado (the
state has indicated a revocable permit will be issued for the memorial), and outside the City limits.
The aircraft will be donated to the City, and the City will bear any liability risk associated with
owning this type of facility. The design of the project should prevent access to the aircraft by the
public, as it will be over 10 feet off the ground.
City staff has identified up to $35, 000 that could be devoted to landscaping and site improvements
for this proposed project. The money is in the Timberline Road project and was to be used to
landscape this portion of the Mulberry -Timberline intersection.
The memorial would be a very prominent feature on Mulberry Street. Transportation staff has
expressed some reservations about the impact of the memorial on driver safety due to its
prominence.
The City Code requires Council approval of any "artistic monument" donated to the City to be
placed in a public area if the value of such artistic monument is $10,000 or more, and it also
requires a review of such proposed donation and the recommendation of the Art in Public Places
Board. In this case, the Board has reviewed and rated the aviation memorial proposal. The Board
unanimously and strongly recommends that Council deny the proposal because the aircraft is not
compatible with the proposed site.
The proposed location at Mulberry and Timberline is a very prominent site within an important
gateway to Fort Collins. The aircraft is not unique to Fort Collins, does not rate well aesthetically
and is not appropriate for a site that could be better utilized to define our community. The Board
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also believes the City should develop coordinated, thoughtful plans for its gateways before it begins
to define them with individual pieces. The Council's adopted Policy Agenda contains two items that
address this area. The Board believes it would be premature to install this memorial before the
completion ofthe East Mulberry Corridor Plan (A-S) and the plan for Community Gateways (A-10).
The Board recommends the City continue to work with Mr. Robert to f nd an appropriate location
for the aircraft. "
City Manager Fischbach noted that the Air Force Association has provided a five-minute video
regarding the proposed memorial. He stated that the City will be spending $35,000 to finish the
Timberline Project and that approximately $200,000 will be spent for the landscaping of Timberline.
He stated that additional City funds would not be expended for the memorial and that the question
is whether or not the Council wishes to accept the monument for City maintenance in perpetuity at
a cost of roughly $10,500 for next year.
("Secretary's Note: The Air Force Association video was shown at this point.)
Mike Powers, CLRS Director, stated that the staff and the Art in Public Places Board are not
recommending that the City accept the donation, and that the proposed Resolution would disapprove
the donation. He stated that the staff and Board recommendations are based on the proposed location
of the memorial and that the memorial proposal is premature because of planning which is in
progress regarding the East Mulberry Corridor Plan and the Community Gateways Plan. He stated
that at this point there has not been any significant public outreach regarding those plans.
Ed Robert, President of the Longs Peak Chapter of the Air Force Association, spoke regarding the
proposed memorial to aviation and commented concerning the negative tone of the Resolution. He
stated that the memorial would recognize the historic and present-day contributions of aviation and
would provide an opportunity for a project that would enhance the image of a neglected City
corridor. He spoke regarding the elements of the community involved in the project and the process
that was followed to bring the project to this point. He stated that the memorial should be considered
to be a museum piece rather than a work of art.
Sheldon Godkin, 1908 Seminole Drive, retired Air Force Colonel and CSU employee, spoke in
support of the aviation memorial and read a statement in support of the project from William E.
Morgan, President Emeritus of Colorado State University and retired U.S. Air Force Colonel.
Sally Craig, 1409 South Summitview, opposed the memorial and stated that a master plan for the
Mulberry Corridor is needed first.
Randy Fischer, Natural Resources Advisory Board member, spoke on behalf of the NRAB regarding
the expenditure of voter -approved Timberline Road monies for the memorial project and the impact
of Timberline Road on the surrounding natural area. He stated that the NRAB is in favor of using
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any leftover Timberline monies for restoration of the natural area. He urged Council to adopt the
Resolution.
City Manager Fischbach stated that the City has approximately $200,000 remaining from the
Timberline construction, and that those funds will be allocated for landscaping of the right-of-way.
Councilmember Bertschy asked if the site is in the City limits and what the Resolution would do.
City Manager Fischbach stated that the site is not in the City and that the Resolution would
disapprove the project in this time and would direct the City Manager to continue to work with the
Air Force Association to find an appropriate site for the memorial.
Councilmember Bertschy asked if the Association could continue to pursue location of the memorial
on this site without donating it to the City. City Manager Fischbach stated that the City is involved
onlybecause the Association has asked to donate the memorial to the City for the purpose of ongoing
maintenance.
Councilmember Bertschy asked why the Resolution is written to disapprove the transaction. City
Attorney Roy stated that the language to disapprove is unusual.
City Manager Fischbach explained the reasons for the drafting of the Resolution to disapprove the
transaction and suggested that if the Council wishes to consider a Resolution worded in a positive
manner that the matter be considered at the next meeting.
Councilmember Kastein asked ifthe Air Force Association addressed the Art in Public Places Board.
Mr. Robert stated that the Association addressed the Board, which reviewed the memorial as if it
were a work of art.
Councilmember Mason asked what type of public input will be received during the East Mulberry
Corridor and Community Gateways planning processes. City Manager Fischbach spoke regarding
the public participation processes.
Councilmember Weitkunat asked for clarification regarding the Art in Public Places Board finding
that the memorial is not compatible with the proposed site and asked about the time frame for the
Corridor and Gateways planning processes. Powers stated that the Board was concerned with
preempting the East Mulberry Corridor and Community Gateways planning process. City Manager
Fischbach spoke regarding the work that needs to be done to lay the groundwork for the Community
Gateways project.
Councilmember Weitkunat asked if the Gateways project will cover all entrances to the community.
Powers stated that all of the major entryways will be included in the planning.
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Councilmember Weitkunat asked if the Air Force Association owns the land and the aircraft. City
Manager Fischbach stated that the land is owned by the Colorado Department of Transportation,
which has given permission for placement of the memorial on the site. Mr. Robert spoke regarding
the acquisition of the aircraft and funding to be obtained for the project.
Councilmember Mason asked if there is a City public monument policy. City Attorney Roy stated
that the definition of works of art to be reviewed by the Art in Public Places Board includes artistic
monuments. City Manager Fischbach spoke regarding the rationale for submitting the matter to the
Art in Public Places Board and noted that the procedure needs to be reworked.
Councilmember Bertschy commented regarding the need for criteria to differentiate historic artifacts
from works of art and asked if the Art in Public Places Board holds public hearings. Powers spoke
regarding the public comment process followed by the Board.
Councilmember Kastein asked about the possibility ofpostponing the decision on the memorial site
while the Association works to obtain funding. Mr. Robert spoke regarding the work that has been
done on the project and the time line for acquisition of the aircraft and for obtaining funding.
Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Resolution
99-112 disapproving the donation of the aviation memorial.
Councilmember Mason commended the work of Mr. Robert and his group on the project and spoke
regarding the need for a public monument policy with a clearly articulated set of criteria and a
specific process to include some review by a board or commission. He stated that there is a need for
an East Mulberry Corridor Plan and a Community Gateways Plan to set forth a broad vision before
this type of project is put in place. He stated that he would be supporting the motion.
Councilmember Byme stated that careful consideration is needed for this type of project and
expressed concerns regarding using an aircraft as a memorial.
Councilmember Wanner stated that the memorial project is not appropriate at this time and on this
site and that he would be supporting the motion.
Councilmember Bertschy stated that he would not be supporting the motion and spoke regarding the
goals of the Air Force Association in promoting this project. He spoke concerning the need to make
improvements to the East Mulberry entryway into the City and stated that this project would be a
catalyst for such improvements. He expressed concerns regarding the negative wording of the
Resolution.
Councilmember Weitkunat stated that she would not be supporting the motion and spoke in favor
of projects that reflect the ideas of citizens. She expressed concerns regarding the negative wording
of the Resolution. She commended the work done by Mr. Robert and his group.
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Councilmember Kastein stated that the project is premature and that he does support directing the
City Manager to continue to work with the Association to locate a more appropriate site.
Councilmember Mason stated that there may be a need for Resolutions that are worded in the
negative.
Mayor Martinez stated that he is not convinced that this is the best location for such a memorial.
The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason,
and Wanner. Nays: Councilmembers Bertschy and Weitkunat.
THE MOTION CARRIED.
Resolution 99-113 Making Appointments to
Various Boards and Commissions, Adopted
The following is staff s memorandum on this item.
"Executive Summary
A vacancy currently exists on the Human Relations Commission due to the resignation of Lori
Lenard. Councilmember Bertschy conducted interviews and is recommending that Mary Ellen
Gomez be appointed to fill the vacancy with a term to begin immediately and to expire on June 30,
2001.
A vacancy also exists on the Liquor Licensing Authority due to the resignation of Melinda Minton.
Mayor Martinez conducted interviews and is recommending that Vincent Duffy be appointed to fill
the vacancy with a term to begin immediately and to expire on June 30, 2002.
A vacancy exists on the Personnel Board due to the resignation of Robert Vouk. Mayor Martinez
reviewed the applications on file and is recommending that Chuck Washington be appointed to fill
the vacancy with a term to begin immediately and to expire on June 30, 2002.
A vacancy currently exists on the Telecommunications Board due to the resignation of David
Augustine. Applications were solicited and Councilmembers Kastein and Weitkunat will be
conducting interviews on September 7. The Council interview team will present a recommendation
at the meeting on September 7 to be inserted into the Resolution for a term to begin immediately and
to expire on June 30, 2002.
A vacancy still exists on the Zoning Board of Appeals due to the lack of sufficient applications
during the annual appointmentprocess. Applications were solicited and Councilmembers Weitkunat
and Kastein will be conducting interviews on September 7. The Council interview team will present
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a recommendation at the meeting on September 7 to be inserted into the Resolution for a term to
begin immediately and to expire on June 30, 2003. "
City Clerk Krajicek stated that names need to be inserted into the Resolution for the
Telecommunications Board and the Zoning Board of Appeals.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Resolution 99-113 with the insertion of the following additional names: Bill Murray for the
Telecommunications Board and Andrew Miscio for the Zoning Board of Appeals. The vote on the
motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner
and Weitkunat. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Mason requested a two -page memo relating to the Transportation Initiative and
suggested consideration of a Resolution opposing that initiative if it negatively impacts
transportation funding for the North Front Range.
Councilmember Byrne spoke regarding the scheduled meeting with Governor Owens.
Adjournment
The meeting adjourned at 9:50 p.m.
Mayor
ATTEST:
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