HomeMy WebLinkAboutMINUTES-05/04/1999-RegularMay 4, 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, May 4, 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, Kastein, Martinez, Mason, Wanner and Weitkunat.
Councilmembers Absent: Byrne.
Staff Members Present: Jones, Krajicek, Eckman.
Citizen Participation
Jennifer Thompson, CSU social work student, expressed concerns about the homeless and made
suggestions regarding actions that could be taken to improve perceptions about, and conditions for,
the homeless.
John Meleski, 2619 Featherstar Way, outlined concerns about the proposed northeast truck bypass,
which will cost $9.25 million, more than three times the amount authorized by the voters. He stated
that in his opinion this is an attempt to circumvent the TABOR amendment and that a court test may
be necessary.
Citizen Participation Follow-up
Councilmember Wanner stated that he is willing to talk with Ms. Thompson's group regarding issues
relating to the homeless.
Councilmember Bertschy noted that New Bridges is an applicant for CDBG funding and has
received funding in the past.
Councilmember Mason requested that legal staff respond in writing to Mr. Meleski's comments
regarding the truck bypass.
Aeenda Review
Deputy City Manager Jones stated that there were no changes to the agenda as printed.
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May 4, 1999
Councilmember Bertschy withdrew item #15 Second Reading of Ordinance No. 56, 1999,
Authorizing the Mayor to Execute a Deed of Conveyance for the Sale of a 3.726-Acre Parcel Near
the Intersection of East Prospect and Timberline Roads from the Consent Calendar.
CONSENT CALENDAR
Consideration and =roval of the minutes of the adjourned meeting of March 9 1999 the
regular meeting of March 16, 1999 and the special organizational meeting of April 13 1999
Second Reading of Ordinance No. 35 1999 Appropriating Prior Year Reserves in the
Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for
Improvements Relating to the Southwest Community Park
Ordinance No. 35, 1999 was unanimously adopted on First Reading on April 20, 1999, and
authorizes $570,000 worth of improvements to be made to the Southwest Community Park.
Staff does not intend to fully develop this park for several years. These improvements are
being constructed now because of Cottonwood Glen Neighborhood Park, which will be built
this year.
9. Second Reading of Ordinance No 50 1999 Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously Appropriated in the Police Services Operating Budget to the Grant Project
Fort Collins Police Services has been awarded a grant under the U. S. Department of Justice,
Local Law Enforcement Block Grant program (LLEBG) in the amount of $87,695 for the
procurement of equipment and technology related to basic law enforcement functions. A
local cash match of $9,744 is required and will be met by the existing Police Services budget.
Ordinance No. 50, 1999, was unanimously adopted on First Reading on April 20, 1999.
10. Second Reading of Ordinance No. 51 1999 Appropriating Prior Year Reserves in the
General Fund for a Rebate of Development Fees to Advanced Energy Industries Inc
Ordinance No. 51, 1999, was unanimously adopted on First Reading on April 20, 1999,
appropriating $61,701 from reserves in the General Fund for rebate to Advanced Energy.
11. Second Reading of Ordinance No.52 1999 Appropriating Prior Year Reserves in the Water
Fund for the Purchase of Water Rights and Water Storage Capacity.
Utilities staff and Natural Resources Department staff have been negotiating with H.W.
Rogers and Associates for the possible acquisition of land, several gravel pits, and water
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May 4, 1999
rights along the Poudre River between Shields Street and Overland Trail. Ordinance No. 52,
1999, which was unanimously adopted on First Reading on April 20, 1999, appropriates
funds from the Water Fund in order to have sufficient appropriations to make a firm offer for
the purchase.
12. Second Reading of Ordinance No 53 1999 Authorizing the Transfer of Existing
Appropriations in the Storm Drainage Fund
In order to revise and update Storm Drainage Basin Master Plans in the various basins and
to reprioritize various projects within the Storm Drainage Fund, a transfer of existing
appropriations is needed. The purposes for which the original appropriations were needed
no longer exist. Capital projects that are deemed a priority and have adequate appropriations
are not affected. Ordinance No. 53, 1999, was unanimously adopted on April 20, 1999.
13. SecondReadineofOrdinance No. 54 1999 Authorizing a Ground Lease Agreement of City -
Owned Property on a Portion of Block 275 Subdivision of the West Side Addition to the
City of Fort Collins, According to the Golding-Dwvre Subdivision Plat
Ordinance No. 54, 1999, was unanimously adopted on First Reading on April 20, 1999, and
authorizes the City to enter into a ground lease with Mr. John C. Fischer, the current owner
of 525 North Whitcomb.
14. Second Reading of Ordinance No. 55 1999 Authorizing the Sale of Lot 5 Clarendon Hills
Fifth Filing, and Appropriating Unanticipated Revenue in the Conservation Trust Fund
The City purchased Lot 5 of Clarendon Hills Fifth Filing in 1992 with the intention of
placing a trail- head parking lot at this location. Lot 5 is located in the northeast corner of
the intersection of South Shields Street and Fossil Creek Drive. The City's subsequent
purchase of the Cathy Fromme Prairie to the west of Shields Street resulted in the placement
of a parking lot on the Prairie across from Lot 5. As a result, there is no longer a need to use
Lot 5 for trailhead parking.
Ordinance No. 55, 1999, was unanimously adopted on First Reading on April 20, 1999, and
authorizes the City to sell the lot to Gary and Susan Murphey, the bidders for the property.
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15. Second Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and
Timberline Roads.
Ordinance No. 56, 1999, was unanimously adopted on First Reading on April 20, 1999,
authorizing the Mayor to execute a deed conveying this property, and to execute such other
related documents as needed to convey the property to Anchor Development Corporation.
16. Second Reading of Ordinance No. 57, 1999 Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as
Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Turn
Lane at the Prospect/Lemay Intersection
Ordinance No. 57, 1999, which was unanimously adopted on First Reading on April 20,
1999, authorizes the Mayor to execute a Deed of Conveyance for the sale of this property in
exchange for the right turn lane right-of-way and $89,000. The City will use the $89,000 to
construct a right turn lane at the southwest comer of the Prospect/Lemay intersection.
17. Second Reading of Ordinance No. 58 1999 Authorizing the City of Fort Collins to Grant
an Easement Across Meadow Springs Ranch to Wyoming Interstate Company.
Wyoming Interstate Company proposes to build a new gas pipeline (Medicine Bow Lateral)
and compression facilities to increase the transportation capacity of its current system in
Colorado and Wyoming. A portion of this proposed pipeline crosses City -owned Meadow
Springs Ranch. This project has been determined to be in the public interest and has been
approved by the Federal Energy Regulatory Commission. The Company's offer is consistent
with those made to adjacent landowners. Ordinance No. 58,1999, was unanimously adopted
on First Reading on April 20, 1999.
18. Second Reading of Ordinance No. 59, 1999 Amending Chanter 26 Article VI Division 4
of the City Code Regarding Sale of Enema Generated from a Renewable Resource
Each electric rate schedule contains a "Renewable resource" clause which permits the Utility
to sell wind energy at a premium price in accordance with a special services agreement
between the Utility and the customer. The clause, adopted in November 1996, sets the
premium at an additional two cents per kilowatt-hour. Ordinance No. 59, 1999, which was
unanimously adopted on April 20, 1999, revises each "Renewable resource" clause to
eliminate the specific premium amount.
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19. Second Reading of Ordinance No. 60, 1999, Vacating a Portion of the Right -of -Way for
Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision
Ordinance No. 60, 1999, which was unanimously adopted on First Reading on April 20,
1999, vacates a portion of the street right-of-way for Mitchell Drive.
20. Second Reading of Ordinance No 65 1999 Amending Resolution 96-73 and Amending
Chanter 7.5, Article III ofthe City Code so as to Exempt Any Housing Authority Established
Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site
PpMoses or Pay a Fee in Lieu of Such Dedication
Colorado law exempts projects of housing authorities from the payment of any fees and
taxes. Historically, the City of Fort Collins has enumerated, by resolution, the fees from
which the Housing Authority is exempt. In April of 1998, the Council enacted, pursuant to
intergovernmental agreements with the Poudre School District and the Thompson R24
School District, a requirement that the developers of all new residential development in the
City dedicate school sites or pay a fee in lieu of such dedication. Ordinance No. 65, 1999,
was unanimously adopted on First Reading on April 20, 1999.
21. Items Relating to Gateway Mountain Park Access Road Project
A. Resolution 99-54 Authorizing the Mayor to Enter into an Amendment to the
Intergovernmental Agreement Between the City and the State Department of
Transportation for Highway Realignment and Access Design for Gateway Mountain
Park.
B. First Reading of Ordinance No. 71, 1999, Appropriating Unanticipated Revenue in
the Capital Projects Fund to Be Used for the Gateway Mountain Park Access Road
Project.
Gateway Mountain Park is a 400-acre site located five miles up the Poudre Canyon. The site
is owned by the City of Fort Collins and was previously the City's Water Treatment Plant.
The City Council has provided direction to make this property accessible to the public. In
addition to providing access to a 400-acre park site, this project will also open up
approximately two square miles of additional natural area. This land is owned by a
combination of federal, state, and local agencies and is contiguous to the 400-acre site.
These lands are currently inaccessible to the public because of the entry road problem. The
overall plan for the Gateway project is to provide a mountain park setting for more active
recreation and safe access to a currently inaccessible mountain area.
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May 4, 1999
The project involves the realignment of State Highway 14 (Poudre Canyon) at the entrance
to the City's old water treatment plant. This project will provide safe access to Gateway
Mountain Park and alleviate highway safety issues associated with the site.
22. First Reading of Ordinance No 72 1999 Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airport to Lon Carlson for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with Lon Carlson,
for the construction of an aircraft hangar. Lon Carlson will construct a hangar that will
provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities.
The construction of the hangar will generate new revenue for the Airport and help meet the
aircraft storage needs of local aircraft owners.
23. First Reading of Ordinance No. 73. 1999 Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Munici an 1 Airport to Donald R Eller for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with Donald R.
Eller, for the construction of an aircraft hangar. Donald R. Eller will construct a hangar that
will provide at least 2,500 square feet of aircraft storage space. At the expiration of the lease,
the improvements revert to the ownership of the Cities.
24. First Reading of Ordinance No 74 1999 Authorizing the Long -Tenn Lease of Property at
the Fort Collins -Loveland Municipal AiMort to James Grubbs for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease ofproperty with James Grubbs,
for the construction of an aircraft hangar. James Grubbs will construct a hangar that will
provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities.
25. First Reading of Ordinance No 75 1999 Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airport to Mike S Hoffinan for the Construction of an
Aircraft Hangar. (Hanger Site A)
The Airport Manager has negotiated a twenty-five year lease of property with Mike S.
Hoffman, for the construction of an aircraft hangar. Mike S. Hoffman will construct a hangar
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May 4, 1999
that will provide at least 2,500 square feet of aircraft storage space. At the expiration of the
lease, the improvements revert to the ownership of the Cities.
26. First Reading of Ordinance No. 76, 1999 Authorizing the Long -Tenn Lease of Property at
the Fort Collins -Loveland Municipal Airoort to Mike S Hoffman for the Construction of an
Aircraft Hangar. (Hanger Site B)
The Airport Manager has negotiated a twenty-five year lease of property with Mike S.
Hoffman, for the construction of an aircraft hangar. Mike S. Hoffman will construct a hangar
that will provide at least 2,500 square feet of aircraft storage space. At the expiration of the
lease, the improvements revert to the ownership of the Cities.
27. First Reading of Ordinance No. 77 1999 Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airoort to David F Klink for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with David F.
Klink, for the construction of an aircraft hangar. David F. Klink will construct a hangar that
will provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease,
the improvements revert to the ownership of the Cities.
28. First Reading of Ordinance No. 78, 1999 Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Mountain Vista Subarea Plan Rezoning.
On March 16, 1999 City Council adopted the Mountain Vista Subarea Plan, as an element
of City Plan, including the following key Plan components: Vision and Goals, Framework
Plan, Transportation, and Principles and Policies. In addition, certain implementation
recommendations were adopted at this Hearing including an amendment to the City Structure
Plan Map, Master Street Plan Map, and Parks and Recreation Policy Plan Map. As a
housekeeping measure, rezoning of the subarea was deferred until May to allow for
notification of affected property owners.
The Mountain Vista Subarea Plan rezoning involves approximately 3,100 acres located east
of Lemay Avenue, north of East Vine Drive, west of I-25, south of Richards Lake Road, and
east of County Road 11. Staff recommends changing the size and location of existing zoning
Districts including: Low Density Mixed -Use Neighborhood (LMN), Medium DensityMixed-
Use Neighborhood (MMN), Community Commercial (CC), Employment (E), Industrial (I),
and Transition (T).
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29. First Reading Ordinance No. 79,1999 Amending Ordinance No 95 1992 to Include Those
Portions of the Street Railway Car Bam/Trollev Barn not Currently Designated in the
Historic Landmark Desianation Pursuant to Chapter 14 of the City Code
The main section of the Street Railway Car Barn and a portion of the South Addition were
designated as a Local Landmark by Ordinance 95, 1992; however, approximately three-
quarters of this addition was situated on land then owned by the railroad, and therefore was
not included in the designation. Since that time the City has purchased this land. Facilities
Services is requesting that the original designation be amended to include this portion of the
South Addition.
Also, a second addition, located on the north side of the Car Barn, was intended to be
included in the original designation. Staff has since discovered that there is a question as to
whether the legal description accompanying the original designation included this portion
of the building. Facilities Services is therefore requesting that this North Addition be
included in the amended designation, to reconcile the legal description to that intended.
30. Routine Easements.
A. Easement from Front Range Baptist Church to the City for installation of a fire
hydrant and underground utilities needed for Miramont Office Park at 623 East
Harmony Road. Monetary consideration: $0.
B. Permanent utility easement from Mack and Jacquine Anderson, located on the south
side of LaPorte Avenue, between College Avenue and Mason Street. Monetary
consideration: $10.
C. Drainage easement from Mack and Jacquine Anderson, located on the south side of
LaPorte Avenue, between College Avenue and Mason Street. Monetary
consideration: $10.
D. Drainage Easement from Leonard and Mary Ann Maes, located on the west side of
South Taft Hill Road and south of County Road 38E. Monetary consideration: $10.
E. Two drainage easements from S-B Properties No. 22, Limited Partnership, located
east of McMurry Avenue, between Harmony Road and Monte Carlo Drive.
Monetary consideration: $10.
F. Drainage easement from Elizabeth Center Co., LLP, located east ofCityPark Avenue
and north of West Elizabeth Street. Monetary consideration: $10.
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May 4, 1999
G. Drainage easement from Collins Campus West, LLC, located east of City Park
Avenue and north of West Elizabeth Street. Monetary consideration: $10.
H. Drainage easement from Sharp Point Properties, LLC, located on the east side of
Midpoint Drive and south of Prospect Road. Monetary consideration: $10.
I. Drainage easement from 1725 Sharp Point LLC, located on the west side of Sharp
Point Drive and south of Prospect Road. Monetary consideration: $10.
J. Three utility easements from Sharp Point Properties, LLC, located on the east side
of Midpoint Drive and south of Prospect Road. Monetary consideration: $10.
K. Drainage easement from Timberline Partners, Limited, LLLP, located on the east side
of Midpoint Drive and south of Prospect Road. Monetary consideration: $10.
L. Access and drainage easement from Timberline Partners, Limited, LLLP, located on
Lot 23, Prospect Park Industrial Park. Monetary consideration: $10.
M. Access easement from Timberline Partners, Limited, LLLP, located on the west side
of Timberline Road and south of East Horsetooth Road. Monetary consideration:
$10.
N. Utility and drainage.easement from Timberline Partners, Limited, LLLP, located on
the west side of Timberline Road and south of Horsetooth Road. Monetary
consideration: $10.
O. Grading easement from Timberline Partners, Limited, LLLP, located west of
Timberline Road and south of Horsetooth Road. Monetary consideration: $10.
P. Access easement from Timberline Partners, Limited, LLLP, located on the west side
of Timberline Road and south of Horsetooth. Monetary consideration: $10.
Q. Access, utility and drainage easement from Timberline Partners, Limited, LLLP,
located east of Automation Way and south of Horsetooth Road. Monetary
consideration: $10.
R. Access, utility and drainage easement from Timberline Partners, Limited, LLLP,
located west of Timberline Road and south of Horsetooth Road. Monetary
consideration: $10.
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May 4, 1999
S. Drainage easement from the Poudre Valley Hospital District, located on the southeast
comer of East Harmony Road and Timberline Road. Monetary consideration: $10.
T. Drainage easement from the Poudre Valley Hospital District, located on the southeast
corner of East Harmony Road and Timberline Road. Monetary consideration: $10.
U. Utility easement from the Poudre Valley Hospital District, located on the southeast
corner of East Harmony Road and Timberline Road. Monetary consideration: $10.
V. Utility easement from the Poudre Valley Hospital District, located on the southeast
comer of East Harmony Road and Timberline Road. Monetary consideration: $10.
W. Utility easement from the Poudre Valley Hospital District, located on the southeast
corner of East Harmony Road and Timberline Road. Monetary consideration: $10.
X. Utility easement from the Poudre Valley Hospital District, located on the southeast
comer of East Harmony Road and Timberline Road. Monetary consideration: $10.
Y. Utility easement from the Poudre Valley Hospital District, located on the southeast
comer of East Harmony Road and Timberline Road. Monetary consideration: $10.
Z. Utility, access and drainage easement from the Poudre Valley Hospital District,
located on the southeast corner of East Harmony Road and Timberline Road.
Monetary consideration: $10.
AA. Utility, access and drainage easement from the Poudre Valley Hospital District,
located on the southeast comer of East Harmony Road and Timberline Road.
Monetary consideration: $10.
BB. Drainage easement from the Poudre Valley Hospital District, located on the southeast
corner of East Harmony Road and Timberline Road. Monetary consideration: $10.
CC. Right-of-way easement from the Poudre Valley Hospital District, located on the
southeast corner of East Harmony Road and Timberline Road. Monetary
consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No 35 1999 Appropriating Prior Year Reserves in the
Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for
Improvements Relating to the Southwest Community
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May 4, 1999
9. Second Reading of Ordinance No. 50, 1999 Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Matching Funds
Previously Appropriated in the Police Services Operating Budget to the Grant Project
10. Second Reading of Ordinance No. 51, 1999 Appropriating Prior Year Reserves in the
General Fund for a Rebate of Development Fees to Advanced Energy Industries Inc
It. Second Reading of Ordinance No.52,1999 Appropriating Prior Year Reserves in the Water
Fund for the Purchase of Water Rights and Water Storage Capacity.
12. Second Reading of Ordinance No. 53, 1999 Authorizing the Transfer of Existing
Appropriations in the Storm Drainage Fund
13. Second Reading of Ordinance No.54.1999 Authorizing aGround Lease Agreement ofCity-
Owned Property on a Portion of Block 275, Subdivision of the West Side Addition to the
City of Fort Collins. According to the Golding-Dwyre Subdivision Plat
14. Second Reading of Ordinance No. 55, 1999. Authorizing the Sale of Lot 5 Clarendon Hills
Fifth Filing. and Appropriating Unanticipated Revenue in the Conservation Trust Fund
15. Second Reading of Ordinance No. 56, 1999 Authoriziniz the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.726-Acre Parcel Near the hitersection of East Prospect and
Timberline Roads.
16. Second Reading of Ordinance No 57, 1999 Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as
Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Turn
Lane at the Prospect/Lemay hitersection.
17. Second Reading of Ordinance No. 58, 1999 Authorizingthe e City of Fort Collins to Grant
an Easement Across Meadow Springs Ranch to Wyoming Interstate Company.
18. Second Reading of Ordinance No 59, 1999 Amending Chanter 26 Article VI Division 4
of the City Code Regarding Sale of Energy Generated from a Renewable Resource
19. Second Reading of Ordinance No. 60, 1999 Vacating a Portion of the Right -of -Way for
Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision
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May 4, 1999
20. Second Reading of Ordinance No. 65 1999 Amending Resolution 96-73 and Amending
Chanter 7.5. Article III ofthe City Code so as to Exempt Any Housing Authority Established
Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site
PMoses or Pay a Fee in Lieu of Such Dedication
34. Items Relating to the Keating First Annexation and Zoning_
A. Second Reading of Ordinance No. 61, 1999 Annexing Property Known as the
Keating First Annexation to the City of Fort Collins
B. Second Reading of Ordinance No. 62, 1999 Amending the Zoning Man of the City
of Fort Collins and Classifying for Zoning Pu_moses the Property Included in the
Keating First Annexation.
35. Items Relating to the Keating Second Annexation and Zoning
A. Second Reading of Ordinance No. 63 1999 Annexing Property Known as the
Keating Second Annexation to the City of Fort Collins
B. Second Reading of Ordinance No. 64, 1999 Amending the Zoning Man of the Cif
of Fort Collins and Classifying for Zoning P oses the Property Included in the
Keating Second Annexation.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
21. First Reading of Ordinance No. 71 1999 Appropriating Unanticipated Revenue in the
Capital Proiects Fund to Be Used for the Gateway Mountain Park Access Road Project
22. First Reading of Ordinance No. 72, 1999 Authorizing the Long -Tenn Lease of Property at
the Fort Collins -Loveland Municipal Airport to Lon Carlson for the Construction of an
Aircraft Hangar.
23. First Reading of Ordinance No. 73. 1999 Authorizing the Long -Tenn Lease of Proerty at
the Fort Collins -Loveland Municipal Abort to Donald R. Eller for the Construction of an
Aircraft Hangar.
24. First Reading of Ordinance No. 74, 1999 Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airport to James Grubbs for the Construction of an
Aircraft Hangar.
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May 4, 1999
25. First Reading of Ordinance No. 75, 1999, Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airport to Mike S. Hoffinan for the Construction of an
Aircraft Hangar. (Hanger Site A)
26. First Reading of Ordinance No. 76, 1999, Authorizing the Long -Term Lease of Property at
the Fort Collins -Loveland Municipal Airport to Mike S. Hoffman for the Construction of an
Aircraft Hangar. (Hanger Site B)
27. First Reading of Ordinance No. 77, 1999, Authorizing the Long -Term Lease of Properly at
the Fort Collins -Loveland Municipal Airport to David F. Klink for the Construction of an
Aircraft Hangar.
28. First Reading of Ordinance No. 78, 1999, Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Mountain Vista Subarea Plan Rezoning.
29. First Reading Ordinance No 79,1999, Amending Ordinance No 95 1992 to Include Those
Portions of the Street Railway Car Bam/Trollev Barn not Currently Designated in the
Historic Landmark Designation Pursuant to Chapter 14 of the City Code
36. Items Relating to the Wykoff-Larimer First Annexation and Zoning_
A. First Reading of Ordinance No. 67, 1999, Annexing Property Known as the Wykoff-
Larimer First Annexation to the City of Fort Collins.
B. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Wykoff-Larimer First Annexation.
37. Items Relating to the Wvkoff-Larimer Second Annexation and Zoning_
A. First Reading of Ordinance No. 69, 1999, Annexing Property Known as the Wykoff-
Larimer Second Annexation to The City of Fort Collins.
B. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Wykoff-Larimer Second Annexation.
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May 4, 1999
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Bertschy spoke regarding item #21 Items Relating to Gateway Mountain Park
Access Road Project and stated that a citizen advisory group is currently working on planning for
Gateway Park and that the committee will soon be making a progress report to the City Council. He
stated that the project will be an asset for the community.
Staff Reports
Deputy City Manager Jones read a letter written by City Manager Fischbach to the citizens regarding
the 1997 flood and what has been done and what remains to be done regarding flood protection
improvements.
Councilmember Reports
Councilmember Mason reported on the Legislative Review Committee's discussions regarding the
photo radar bill and concealed weapons legislation dropped after the tragedy at Columbine High
School.
Councilmember Mason reported that the Utility and Technology Committee meeting was canceled
and that there will be no further meetings until it can be determined if the Committee is still needed.
Councilmember Bertschy reported on the Poudre Fire Authority's performance review and salary
setting for Chief John Mulligan and the recommendation of the Authority that in the future his salary
should be set at the same time as other City employees.
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Items Relating to the Keating
First Annexation and Zoning Adopted on Second Reading
The following is staffs memorandum on this item.
"Executive Summary
A. Second Reading of OrdinanceNo.61,1999,AnnexingPropertyKnownastheKeatingFirst
Annexation to the City offort Collins.
B. Second Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Keating First
Annexation.
On April 20, 1999, Council voted 6-0 (Councilmember Weitkunat withdrawn) to adopt Resolution
99-42 Setting Forth Findings ofFact and Determinations Regarding the Keating First Annexation.
On April 20, 1999, Council also voted 6-0 (Councilmember Weitkunat withdrawn) to adopt
Ordinance No. 61 and 62, 1999, which annex and zone approximately 11.27 acres in size, located
north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FA
—FarmingDistrict inLarimer County. The recommendedzoning is the LMN—Low-Density Mixed
Use Neighborhood This is a 100% voluntary annexation.
APPLICANT- Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 80524
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Erleen K Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536"
Councilmember Weitkunat withdrew from deliberations on the agenda items relating to the Keating
First and Second Annexations and Zonings and the Wykoff-Larimer First and Second Annexations
and Zonings because of a perceived conflict of interest.
("Secretary's Note: Councilmember Weitkunat out of the room.)
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May 4, 1999
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 61, 1999 on Second Reading. The vote on the motion was as follows: Councilmembers
Bertschy, Kastein, Martinez, Mason, and Wanner. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Councilmember Bertschymade a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 62, 1999 on Second Reading. The vote on the motion was as follows: Councilmembers
Bertschy, Kastein, Martinez, Mason, and Wanner. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Items Relating to the Keating Second
Annexation and Zoning, Adopted on Second Reading
The following is staff s memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 63, 1999, Annexing Property Known as the Keating
Second Annexation to the City offort Collins.
B. Second Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Keating Second
Annexation.
On April 20, 1999, Council voted 6-0 (Councilmember Weitkunat withdrawn) to adopt
Resolution 99-43 Setting Forth Findings ofFact and Determinations Regarding the Keating
Second Annexation.
On April 20, 1999, Council also voted 6-0 (Councilmember Weitkunat withdrawn) to adopt
Ordinance No. 63 and 64, 1999, which annex and zone approximately 26.43 acres in size,
located north of Trilby Road and west of Timberline Road. Theproperty is undeveloped and
is in the FA] —Farming District in Larimer County. The recommended zoning is the LMN
— Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation.
APPLICANT. Linda Ripley
VF Ripley Associates
1113 Stoney Hill Drive
Fort Collins, CO 0524
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May 4, 1999
OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525
Roger Nosker — 7603 Wakerobin, Parma, OH 44130
Shirley Nosker — 7603 Wakerobin, Parma, OH 44130
J.J. Hendricks — 1149 West County Road 82E, Livermore, CO
80536"
("Secretary's Note: Councilmember Weitkunat out of the room.)
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 63, 1999 on Second Reading. The vote on the motion was as follows: Councilmembers
Bertschy, Kastein, Martinez, Mason, and Wanner. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 64, 1999 on Second Reading. The vote on the motion was as follows: Councilmembers
Bertschy, Kastein, Martinez, Mason, and Wanner. (Councilmember Weitkunat withdrawn)
THE MOTION CARRIED.
Items Relating to the Wykoff-Larimer
First Annexation and Zoning. Withdrawn
The following is staff s memorandum on this item.
"Executive Summary
A. Resolution 99-50 Setting Forth Findings of Fact and Determinations Regarding the Wykoff-
Larimer First Annexation.
B. First Reading of Ordinance No. 67, 1999,AnnexingPropertyKnownastheWykoff-Larimer
First Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer
First Annexation.
This is a request for the voluntary annexation of 6.69 acres of land located north of County Road
38E, west of Taft Hill Road. The site is currently zoned FAI — Farming in Lorimer County. The
requested zoning is LMN-Low Density Mixed Use Neighborhood. This zoning requires an
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May 4, 1999
amendment of the City Structure Plan from Rural Open Lands and River Corridor to Low Density
Mixed Use Residential. Neither staffnor the Planning andZoning Boardsupport the Structure Plan
Amendment. The recommended zoning is RF —Residential Foothills.
APPLICANT Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W and Amender F. Wykoff
2916 W County Road 38E
Fort Collins, CO 80526
After hearing this matter at its Apri120, 1999 regular meeting, Council postponed these items to this
date for further consideration and action.
BACKGROUND:
The Wykoff-Larimer First Annexation is a voluntary annexation consisting of 6.69 acres. The
property is located north of County Road 38 E, approximately .75 miles west of Taft Hill Road. The
site is currently zoned FAI — Farming in Larimer County.
A combined Annexation Impact Reportfor this annexation as well as the adjacent annexation to the
south was forwarded to the Board of County Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 1/6
contiguity with the existing City limits. The Wykoff-Larimer First Annexation complies with this
requirement. Thepropertyhas 728 feet ofits total boundary ofapproximately 2,256feet contiguous
to existing City limits. This exceeds the minimum 383 feet required to achieve 1/0 contiguity.
Contiguity to existing City limits is gained from the common boundary to the north which was
annexed to the City in July, 1987 as the Overland Hills Annexation.
The surrounding zoning and land uses are as follows:
N. POL — City owned open space
E: FAI—Farming(County)
S: FA1— Farming (County), Proposed Wykoff-Larimer Second Annexation
W FAI — Farming (County)
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May 4, 1999
Structure Plan Amendment
The requested zoning ofLMN—Low Density Mixed Use Neighborhood, is inconsistent with the City
Structure Plan designation for this site (Rural Open Lands and Stream Corridors). Before
considering the requested LMN zoning, a Structure Plan amendment to Low Density Mixed Use
Residential is required. The applicant has submitted application for the amendment which is
attached.
The subject property, as well as the proposed annexation to the south (which is designated Rural
Open Lands and Stream Corridors and Urban Estates) is near the western edge of the Urban
Growth Area. The applicant has submitted justification for the Plan amendment citing City Plan
Principles and Policies which focus on the concept of creating a compact development pattern
within the City and the benefit derivedf om that type ofdevelopment. Specifically, the applicant has
referred to Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles
traveled, providing for a variety of housing types and densities, preservation of natural areas, new
neighborhoods and Low Density Mixed Residential next to open lands.
Neither the Planning and Zoning Board nor staff supports the request for a Structure Plan
amendment based on many ofthe same Principles and Policies supporting the retention ofthe Rural
Open lands and Stream Corridors designation on the subject property (as well as the Rural Open
Lands and Stream Corridors and Urban Estates to the south). These include:
HSG 1.1: The City will encourage a variety of housing types and densities......
This Policy recognizes that there should be a variety of lot sizes, housing types and
residential densities. The provision of low density housing, which would implement the
Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge
of the City meets this requirement.
NOL 1.2: The City will conserve and integrate natural areas into the developed landscape
by directing development away ftom sensitive areas and using innovative planning, design
and management practices....
Retention ofthe existing Structure Plan designations and the implementation ofappropriate
zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the
conservation of the natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located
around a Medium Density Mixed- Use Neighborhood which has a Neighborhood Commercial
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May 4, 1999
Center or Community Commercial District as its Core. This provides nearby access to most
things a resident or household needs on an everyday basis.
The subject property is located near the edge of the City and Urban Growth Area. While
there is a convenience commercial development at the corner of County Road 38E and Taft
Hill Road, the property is located approximately two road miles from the nearest designated
or developed Neighborhood Commercial area. This distance does not fit the description of
Low Density Mixed Use Residential areas being in close proximity to commercial
developments.
Zoning:
The property is currently zoned FAl —Farming in Larimer County. The requested zoning is LMN-
Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City
Structure Plan which designates the property Rural Open Lands and Stream (see attached Structure
Plan map).
There are two zoning districts which could implement the Structure Plan designation: UE- Urban
Estate and RF— Residential Foothills, especially when this annexation is considered together with
the proposed annexation to the south. Staff is recommending the RF zoning district.
The purpose of the RFzoning district is for low density residential areas located near the foothills.
In addition to the location of the property near the foothills, the presence of Spring Creek bisecting
the property subject to the combined annexations and the designation of the northern portion as
Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of
residential units while maintaining an overall low density. The minimum lot area in the RF zoning
district is 100, 000 square feet (2.19 acres).
However, the Planning and Zoning Board can approve a development plan where lot sizes are
reduced in order to cluster development on a portion ofthe property with the remainderpermanently
preserved as public or private open space provided the overall densityfor the entire property is not
greater than one unit per net acre. There are specific development standards in the Land Use Code
for reviewing RF cluster plans. While the cluster plan would allow a higher density within the
actual development than anticipated by the Urban Estate Structure Plan designation, the potential
for clustering development and maintaining the area north of Spring Creek in permanent open space
clearly implements the intent of the Structure Plan.
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May 4, 1999
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the
Council approve the request for annexation, deny the request for a City Structure Plan amendment
and approve the zoning ofRF—Residential Foothills. "
"Secretary's Note: Councilmember Weitkunat out of the room.)
Deputy City Manager Jones stated that the applicants have submitted written requests to withdraw
the applications for annexation for the Wykoff-Larimer First and Second Annexations.
Councilmember Mason asked if withdrawal of the annexation will enable the applicant to develop
the property under current County guidelines. Greg Byrne, CPES Director, stated that the applicant
would need to reapply for annexation if there is any development activity that would require the
approval of the Board of County Commissioners, and that the property could be further developed
beyond the current development in any use by right not requiring approval by the Commissioners.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to accept the request
to withdraw the application for the Wykoff-Larimer First and Second Annexations. The vote on the
motion was as follows: Councilmembers Bertschy, Kastein, Martinez, Mason, and Wanner.
(Councilmember Weitkunat withdrawn)
THE MOTION CARRIED
Items Relating to the Wykoff-Larimer
Second Annexation and Zoning. Withdrawn
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 99-51 Setting Forth Findings ofFact andDeterminations Regarding the Wykoff-
Lorimer Second Annexation.
B. First Reading of Ordinance No. 69, 1999,AnnexingPropertyKnownastheWykoff-Larimer
Second Annexation to The City of Fort Collins.
C. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer
Second Annexation.
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May 4, 1999
This is a request for the voluntary annexation of 14.47 acres of land located north of County Road
38E, west of Taft Hill Road. The site is currently zoned FA1 — Farming in Larimer County. The
requested zoning is LMN — Low Density Mixed Use Neighborhood. This zoning requires an
amendment of the City Structure Plan from Rural Open Lands and River Corridor and Urban
Estates to Low Density Mixed Use Residential. Staff is not supporting the Structure Plan
Amendment. The recommended zoning is RF —Residential Foothills.
APPLICANT Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W. and Amender F Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
After hearing this matter at its April20, 1999 regular meeting, Council postponed these items to this
date for further consideration and action.
BACKGROUND:
The Wykoff-Larimer Second Annexation is a voluntary annexation consisting of 14.47 acres. The
property is located north of County Road 38 E, approximately. 75 miles west of Taft Hill Road. The
site is currently zoned FA — Farming in Larimer County. A combined Annexation Impact Report
for this annexation as well as the adjacent annexation to the north was forwarded to the Board of
County Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 116
contiguity with the existing City limits. The Wykoff-Larimer Second Annexation complies with this
requirement. Theproperty has 728feetofits total boundary ofapproximately 4,090feet contiguous
to the proposed annexation area to the north. This exceeds the minimum 695 feet required to
achieve 116 contiguity.
Contiguity to existing City limits is gained from the common boundary to the north which is the
subject of the Wykoff-Larimer First Annexation.
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May 4, 1999
The surrounding zoning and land uses are as follows:
N.• FAI —Farming (County), Proposed Wykoff-Larimer First Annexation
E: FAI—Farming(County)
S: County Road 38E, Rock View PUD (County)
W.• FAI —Farming (County)
Structure Plan Amendment
The requested zoning ofLMN—Low Density Mixed Use Neighborhood, is inconsistent with the City
Structure Plan designation for this site (Rural Open Lands and Stream Corridors and Urban
Estates). Before considering the requested LMN zoning, a Structure Plan amendment to Low
Density Mixed Use Residential is required. The applicant has submitted application for the
amendment which is attached.
The subject property, as well as the proposed annexation to the north (which is designated Rural
Open Lands and Stream Corridors ) is near the western edge of the Urban Growth Area. The
applicant has submitted justification for the Plan amendment citing CityPlan Principles and
Policies which focus on the concept of creating a compact development pattern within the City and
the benefit derived from that type of development. Specifically, the applicant has referred to
Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles traveled,
providing for a variety of housing types and densities, preservation of natural areas, new
neighborhoods and Low Density Mixed Residential next to open lands.
Neither the Planning and Zoning Board nor the staff support the request for a Structure Plan
amendment based on many ofthe same Principles and Policies supporting the retention ofthe Rural
Open lands and Stream Corridors designation on the subject property (as well as the Rural Open
Lands and Stream Corridors to the north). These include:
HSG 1.1: The City will encourage a variety of housing types and densities......
This Policy recognizes that there should be a variety of lot sizes, housing types and
residential densities. The provision of low density housing, which would implement the
Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge
of the City meets this requirement.
NOL 1.2: The City will conserve and integrate natural areas into the developed landscape
by directing development away from sensitive areas and using innovative planning,
design and management practices....
Retention ofthe existing Structure Plan designations and the implementation ofappropriate
zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the
233
May 4, 1999
conservation of the natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located
around a Medium DensityMixed- Use Neighborhood which has a Neighborhood Commercial
Center or Community Commercial District as its Core. This provides nearby access to most
things a resident or household needs on an everyday basis.
The subject property is located near the edge of the City and Urban Growth Area. While
there is a convenience c0ommercial development at the corner of County Road 38E and Taft
Hill Road, the property is located approximately two road miles from the nearest designated
or developed Neighborhood Commercial area. This distance does not fit the description of
Low Density Mixed Use Residential areas being in close proximity to commercial
developments.
Zoning:
The property is currently zoned FA —Farming in Larimer County. The requested zoning is LMN
— Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City
Structure Plan which designates the property Rural Open Lands and Stream (see attached Structure
Plan map).
There are two zoning districts which could implement the Structure Plan designation: UE— Urban
Estate and RF—Residential Foothills, especially when this annexation is considered together with
the proposed annexation to the south. Staff is recommending the RF zoning district.
The purpose ofthe RF zoning district is for low density residential areas located near the foothills.
In addition to the location of the property near the foothills, the presence of Spring Creek bisecting
the property subject to the combined annexations and the designation of the northern portion as
Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of
residential units while maintaining an overall low density. The minimum lot area in the RF zoning
district is 100, 000 square feet (2.29 acres).
However, the Planning and Zoning Board can approve a development plan where lot sizes are
reduced in order to cluster development on a portion ofthe property with the remainder permanently
preserved as public or private open space provided the overall densityfor the entire property is not
greater than one unit per net acre. There are specific development standards in the Land Use Code
for reviewing RF cluster plans. While the cluster plan would allow a higher density within the
actual development than anticipated by the Urban Estate Structure Plan designation, the potential
for clustering development and maintaining the area north of Spring Creek in permanent open space
clearly implements the intent of the Structure Plan.
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May 4, 1999
PLANNING AND ZONING BOARD RECOMMENDATION.
On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the
Council approve the request for annexation, deny the request for a City Structure Plan amendment
and approve the zoning ofRF— Residential Foothills. "
("Secretary's Note: Councilmember Weitkunat out of the room. Withdrawal of the petition for the
Wykoff-Larimer 2nd Annexation was approved pursuant to a motion adopted by the City Council
under the previous agenda item.)
Ordinance No. 56,1999,
Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.726-Acre Parcel Near
the Intersection of East Prospect and Timberline Roads Postponed to May 18
The following is staff s memorandum on this item.
"Executive Summa
Ordinance No. 56, 1999, was unanimously adopted on First Reading on April 20, 1999, authorizing
the Mayor to execute a deed conveying this property, and to execute such other related documents
as needed to convey the property to Anchor Development Corporation. "
("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.)
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to postpone
consideration of Ordinance No. 56, 1999 to May 18, 1999 pending the receipt of additional
information and answers to some questions he will be submitting to staff. The vote on the motion
was as follows: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat.
Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Mason spoke regarding the bike trails washed out in the Poudre River flooding and
suggested that rather than rebuilding the trails at their present locations, that staff look at locating
the trails away from the river to promote habitat preservation and to save dollars for rebuilding the
trails in the future. He requested a staff memo regarding the possibility of relocating these trails.
235
Adiournmen
The meeting adjourned at 6:35 p.m.
Mayor
I va4 g
rim
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May 4,1999 1