HomeMy WebLinkAboutMINUTES-11/02/1999-RegularNovember 2, 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, November 2,
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
Brad McGrew, 1908 Adriel Court, spoke regarding current truck traffic on Vine Drive.
Al Baccili, 520 Galaxy Court, spoke regarding the vendor fee and opposed City funding for the
Convention and Visitor's Bureau.
Citizen Participation Follow-up
City Manager Fischbach stated that a letter has been sent to Mr. McGrew regarding Vine truck
traffic.
Mayor Martinez stated that there is not sufficient Council support to make any changes regarding
the vendor fee.
Agenda Review
City Manager Fischbach pulled item #13 Second Reading of Ordinance No. 160, 1999, Amending
the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for Certain
Properties Located Within the West Central Neighborhoods Plan and Known as the West Central
Neighborhoods Plan Second Subarea Rezoning from the Consent Calendar.
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CONSENT CALENDAR
7. Second Reading of Ordinance No. 154, 1999 Appropriating Unanticipated Revenue in the
General Fund for Police Services Drunk Driving Enforcement Program.
Ordinance No. 154,1999, which was unanimously adopted on First Reading on October 19,
1999, appropriates $41,000 in grant funds for expenditure in the Police Services Drunk
Driving Enforcement Program.
8. Second Reading of Ordinance No. 155, 1999 Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the North
College Rezoning_
This Ordinance, which was unanimously adopted on First Reading on October 19, 1999,
rezones approximately 2.8 acres of property located on the northwest corner of Cherry Street
and College Avenue from the current zoning of POL - Public Open Lands to zone CCR -
Community Commercial, Poudre River District. The property was zoned incorrectly in
1997.
Second Reading of Ordinance No. 156, 1999 Vacating Portions of the Ri is -of -Way for
Morning Dove Lane, South ofDusty Sage Drive as Dedicated on the Harmon Ridge P.U.D.
Plat.
Ordinance No. 156, 1999, which was unanimously adopted on First Reading on October 19,
1999, vacates the street rights -of -way for Morning Dove Lane south of Dusty Sage Drive.
10. Second Reading of Ordinance No. 157, 1999 Amending Ordinance No 121 1987 by
Including in the Landmark Designation of the Power Plant Building and Art Deco Fountain
at 430-500 North College Avenue the Landmark Desi gnation of the Rock Garden,Waterway_
Pool, and Historic Plantings Known as the "Grotto" Pursuant to Chanter 14 of the City
Code.
Ordinance No. 157, 1999, which was unanimously adopted on First Reading on October 19,
1999, approved this request from the leasee of the property, Colorado State University, along
with the owner of the property, the City of Fort Collins, to amend Ordinance No. 121, 1987
to include the Rock Garden, Waterway, Pool, and Historic Plantings known as the "Grotto".
The designation of the grotto as a Local Landmark will allow Colorado State University to
apply for State Historic Fund grants for the stabilization and restoration of the feature.
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November Z 1999
11. Second Reading of Ordinance No. 158, 1999 Deskmating the Burnett/Killgore House and
"Outhouse". 128 North Sherwood Street, as a Historic Landmark Pursuant to Chapter 14 of
the City Code.
Ordinance No. 158,1999, which was unanimously adopted on First Reading on October 19,
1999, approved this request for Local Landmark designation for the Burnett/Killgore House
and "Outhouse" as initiated by the owner of the property, Jan Krucky. The building and
structure are significant for their architectural importance, as representative examples of
vernacular residential architecture typical of the turn of the century.
12. Second Reading of Ordinance No.159,1999 Designating the Clammer/Juel House,Garage,
Iron Fence and Stone Walk, 729 Remington Street as a Historic Landmark Pursuant to
Chapter 14 of the City Code.
The owner of the property, Elliot Juel Ray, initiated this request for Local Landmark
designation for the Clammer/Juel House, Garage, Iron Fence and Stone Walk. The house is
architecturally significant as a representative example of a Late 19th - Early 20th Century
vernacular residence. The garage, built in the 1930s, has considerable architectural
significance in its own right, and contributes to the architectural importance of the property.
The property still retains its original wrought -iron fence and stone walkway. Additionally,
the property has historical significance for its associations with Mayor Samuel H. Clammer,
and with the Christoffer Juel family. Ordinance No. 159, 1999, was unanimously adopted
on First Reading on October 19, 1999.
13. Second Reading of Ordinance No. 160, 1999, Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for Certain Properties Located Within the
West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan
Second Subarea Rezoning.
The West Central Neighborhoods Plan was adopted by the City Council on March 16,
1999, as a subarea (neighborhood) plan for an "L" shaped area of approximately three square
miles located west, southwest, and south of the Colorado State University Main Campus.
On June 1, 1999, the Council adopted on Second Reading Ordinance No. 90, 1999, which
rezoned most of the properties proposed for rezoning within the Plan's boundaries as
recommended in the West Central Neighborhoods Plan. The property located at 1132
West Prospect Road and the properties located north of West Prospect Road, adjacent to
Whitcomb Street and Blevins Court, were deleted from the initial rezoning effort and
temporarily retained in their existing R-L, Low Density Residential, District to allow staff
additional time to work with the property -owners to discuss and evaluate their rezoning
issues. Ordinance No. 160, 1999, which was unanimously adopted on First Reading on
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November 2, 1999
October 19, 1999, amends the zoning map by changing the zoning classification for certain
properties located within the West Central Neighborhoods Plan.
14. First Reading of Ordinance No 153 1999 Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equipment and Appropriating Funds
Related Thereto.
This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing
agreement with Safeco Credit Company at 5.25 percent interest rate. The agreement shall
be for an original term from the execution date of the agreements to the end of the current
fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total
term of five (5) years, subject to annual appropriation of funds needed for lease payments.
The total lease terms, including the original and all renewal terms, will not exceed the useful
life of the property. This lease -purchase financing is consistent with the financial policies
of the City of Fort Collins.
15. First Reading of Ordinance No. 161, 1999 Amending Section 2-28 of the City Code
Pertaining to Regular Meetings of the City Council.
The purpose of this proposed Code change is to clearly state the City Council's ability to
cancel a regularly scheduled Council meeting.
16. First Reading of Ordinance No. 162, 1999, Designating the South Unit of the Price Paired
Home, 626 South Meldrum Street, Fort Collins. Colorado as a Historic Landmark Pursuant
to Chanter 14 of the City Code.
The owner of the property, David Alciatore, is initiating this request for Local Landmark
designation for the South Unit of the Price Paired Home. The building is architecturally
important as an excellent example of the Paired American Foursquare, and is one of only a
handful of these duplex homes in Fort Collins.
17. FirstReadingofOrdinanceNo. 163,1999 Designating the Arthur and Lillian Andrew House,
Barn and Garage. 515-515%2 South Meldrum Street Fort Collins Colorado as Historic
Landmarks Pursuant to Chanter 14 of the City Code
The owners of the property, Thomas T. and Diane M. Tucker, are initiating this request for
Local Landmark designation for the Arthur and Lillian Andrew House, Barn and Garage, 515
- 515%2 South Meldrum Street. The buildings are significant as representative examples of
vernacular residential architecture typical of the turn of the century.
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November 2, 1999
18. Hearing and First Reading of Ordinance No 164 1999 Amending the Zoning Ma on f the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the Elizabeth Street Apartments Rezoning.
This is a request to rezone approximately 1.925 acres of property located on the north side
of West Elizabeth Street between Constitution and City Park Avenue. The property is
currently, and has historically been, owned by CSU, and was therefore never zoned. The
requested zoning is MMN - Medium Density Mixed -Use Neighborhood District.
APPLICANT: Deborrah Willard, Affordable Housing Alliance 11
and
Andres Plett, Kaufinan & Broad Multi -housing Group
OWNERS: Colorado State University Research Foundation (CSURF) contact:
Julie Birdsall
19. First Reading of Ordinance No. 165,1999, Making Various Amendments to the City ofFort
Collins Land Use Code.
Staff has identified a variety of proposed changes, additions and clarifications in the fall
biannual update of the Land Use Code. On October 21, 1999, the Planning and Zoning
Board voted 6-0 to recommend approval of the proposed changes to City Council.
20. Resolution 99-131 Authorizing the Mayor to Enter into an Intergovernmental Agreement
with the Colorado Department of Transportation Division of Transportation Development
for the Provision of Public Transportation Services in Non -Urbanized Areas
These grant funds will be used to administer the 5311 and 5310 state grant for Specialized
Transportation, and operate FoxTrot and Dial -A -Ride in non -urbanized areas.
21. Resolution 99-132 Finding Substantial Compliance and Initiating Annexation Proceeding
for the Fossil Creek Wetlands Annexation.
This is a request for a 100% voluntary annexation. The site is approximately 90.43 acres of
publicly owned property located south of East Trilby Road and west Timberline Road. The
recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of
Public Open Lands.
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November 2, 1999
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 154 1999 Appropriating Unanticipated Revenue in the
General Fund for Police Services Drunk Driving Enforcement Pro rg am
Second Reading of Ordinance No. 155, 1999 Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the North
College Rezoning,
9. Second Reading of Ordinance No. 156, 1999 Vacating Portions of the Ri ts-of-Wav for
Morning Dove Lane. South of Dusty Sage Drive as Dedicated on the Harmony Ridge P.U.D.
Plat.
10. Second Reading of Ordinance No. 157, 1999. Amending Ordinance No 121 1987 by
Including in the Landmark Designation of the Power Plant Building and Art Deco Fountain
at 430-500 North College Avenue the Landmark Designation ofthe Rock Garden Waterway_
Pool, and Historic Plantings Known as the "Grotto'. Pursuant to Chapter 14 of the City
Code.
11. Second Reading of Ordinance No. 158 1999 Designating the Burnett/Killgore House and
"Outhouse". 128 North Sherwood Street, as a Historic Landmark Pursuant to Chanter 14 of
the City Code.
12. Second Reading of Ordinance No 159 1999 Designating the Clarnmer/Juel HouseGarane
Iron Fence and Stone Walk, 729 Remington Street, as a Historic Landmark Pursuant to
Chapter 14 of the City Code.
13. Second Reading of Ordinance No. 160, 1999, Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for Certain Properties Located Within the
West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan
Second Subarea Rezoning.
25. Second Reading of Ordinance No. 152, 1999 Appropriating Unanticipated Revenue and
Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of
Appropriations from the Street Oversizing Fund to the Transportation Services Fund for the
Analysis and Determination ofAppropriate Intersection horovements and the Construction
of improvements at the Intersection of State Highway 14 and Lemav Avenue
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November 2, 1999
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
14. First Reading of Ordinance No 153 1999 Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equinment and Appropriating Funds
Related Thereto.
15. First Reading of Ordinance No. 161, 1999 Amending Section 2-28 of the City Code
Pertaining to Regular Meetings of the City Council
16. First Reading of Ordinance No. 162, 1999 Designating the South Unit of the Price Paired
Home, 626 South Meldrum Street, Fort Collins, Colorado, as a Historic Landmark Pursuant
to Chanter 14 of the City Code.
17. First Reading of OrdinanceNo.163.1999 Designating the Arthur and Lillian Andrew House
Barn and Garage. 515-515%2 South Meldrum Street Fort Collins Colorado as Historic
Landmarks Pursuant to Chanter 14 of the City Code
18. Hearing and First Reading of Ordinance No 164 1999 Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the Elizabeth Street Apartments Rezoning.
19. First Reading of Ordinance No. 165,1999, Making Various Amendments to the City of Fort
Collins Land Use Code.
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and
approve all items not removed from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays:
None.
THE MOTION CARRIED
Staff Reports
City Manager Fischbach reported on a $7,500 Milagro Foundation grant received by the Library for
the purchase of Spanish books for children, provided an update regarding the WalMart application,
and noted the receipt of an award from the American Planning Association by the City for the
community separator study.
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November 2, 1999
Councilmember Reports
Councilmember Byme reported on Health and Safety Committee discussions regarding the noise
ordinance and public nuisance ordinance.
Councilmember Bertschy reported on Poudre Fire Authority discussions of expansion ofthe training
facility.
Ordinance No. 152,1999
Appropriating Unanticipated Revenue and Prior Year Reserves
in the Transportation Services Fund and Authorizing the Transfer of
Appropriations from the Street Oversizing Fund to the Transportation
Services Fund for the Analysis and Determination of Appropriate
Intersection Improvements and the Construction of Improvements at the
Intersection of State Highway 14 and Lemay Avenue Adopted on Second Reading
The following is staff's memorandum on this item.
"Executive Summary
The City of Fort Collins successfully applied for Federal CMAQ funds for an Alternative Analysis
of intersection improvements and the construction of those determined improvements at the
intersection ofSH14 and Lemay Avenue. The intersection is currently experiencing both delay and
accident problems. Pedestrian connectivity is also an existing problem and this project will build
a pedestrian bridge across the Poudre River and sidewalk along Mulberry to connect Lemay to
Riverside. Approximately $300, 000 of the project is dedicated to these pedestrian improvements.
The proposed Mulberry Lemay Crossing project (WalMart) will add considerable traffic to an
existingproblem. Although the Mulberry Lemay Crossing PUD will be financially responsible for
improvements to the intersection based on its impacts, staff is also interested in investigating the
design of a modern roundabout at this location. Ordinance No. 152, 1999, which was adopted on
First Reading with a vote of5-2 on October 19, 1999, appropriates unanticipated revenue and prior
year reserves to fund these improvements. "
Councilmember Mason asked how intersections are prioritized and what the trigger is for beginning
work on an intersection. Eric Bracke, Traffic Engineer, spoke regarding the criteria used in making
priority decisions and noted that this intersection has been a priority for many years.
Councilmember Byrne asked about the use of the roundabout system. Bracke spoke regarding the
use of roundabouts in Loveland.
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Councilmember Weitkunat made a motion seconded by CouncilmemberKastein to adopt Ordinance
No. 152, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 99-133
Authorizing the Acquisition of Approximately
One -Hundred Sixty -Eight Acres of Land and Associated Water Rights Adopted
The following is staff s memorandum on this item.
"Financiallmnact
Acquisition of the property would cost $1,876,840. Of this, the land cost of $1,638,400 would be
paid from the Natural Areas portion of the Building Community Choices capital project. The
remaining $238, 440 for acquisition of three shares of Pleasant Valley and Lake Canal Company
water rights would be paid by the Water Utility. Sufficient funds are appropriated for both
purchases.
Executive Summary
Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase
of 168 acres of land and associated water rights. The majority ofthe land, located at the northeast
corner of Trilby Road and Shields Street in southwest Fort Collins, would be incorporated into the
City's growing system ofpublic natural areas. Staff has determined that not all of the 168 acres is
essential for meeting natural area purposes and has proposed that a portion of the property
(approximately 50 acres) be considered for resale for the purposes of meeting the community's need
for affordable housing. Resolution 99-133 would authorize the following: (1) purchase of the 168-
acre tract of land and associated shares of Pleasant Valley and Lake Canal Company, (2) further
investigation of the potential for resale of up to 50 acres of the property within a one-year period
for purposes of meeting affordable housing needs, including a right of first refusal to the Fort
Collins Housing Authority through February29, 2000,(3) a lease agreement with Russ Jackson, the
existing tenant on the property, for continued residence and farming and ranching operations, and
(4) naming of the property as the "Hazaleus Natural Area" in honor of the sellers' family.
BACKGROUND:
Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase
of approximately 168 acres of land located in southwest Fort Collins at the northeast corner of
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Trilby Road and Shields Street. The purchase and sale agreement is contingent on approval by the
City Council and contains the following provisions: (I) purchase price of $1, 876,840for 168 acres
ofland and 3 shares ofPleasant Valley and Lake Canal Company, (2) approval ofa lease agreement
with Russ Jackson, the existing tenant on the property, for continued farming and ranching for a
period of at least six months, (3) naming the area the "Hazaleus Natural Area" in honor of the
sellers' family, and (4) satisfactory completion ofall physical and environmental inspections of the
property. If approved by Council, the transaction would close on December 14, 1999.
The proposed purchase price includes $1, 638,400 for the land and $238,440 for the water ($2, 000
per acre foot). The price of the water represents current market rates. The price for the land
represents a significant bargain sale of the property with a donation value estimated at $411, 600.
The Land Management Office has reviewed property values in the area with a local appraiser as
well as the City's own data on comparable land sales and estimates the actual value of the land
itself at $2, 050, 000 ($12,202 per acre).
The property is located within unincorporated Lorimer County, inside the City's growth
management area. The site is vacant except for a small farm house and associated farm buildings.
It is currently zoned FA-1 within Larimer County. The site is eligible for annexation by the City and
in the future would probably be zoned a combination of Public Open Land (POL) on approximately
118 acres and Low Density Mixed Use Neighborhood (LMN) on approximately 50acres. The City's
Structure Plan shows the property as a combination of open lands and low density mixed -use
development.
Portions of the site have been included in the City's inventory of Natural Habitats and Features
since the inventory was first compiled in 1992. The site contains two small tributaries to Fossil
Creek, significant wetland areas, and about 50 acres of land that are generally occupied by prairie
dogs. Since much of the site has been used for farming and ranching in the past, much of the
vegetation on the site is not native and will require restoration efforts over time. The site is,
nevertheless, important for its wildlife habitat values, as a corridor between other natural habitats
and features, and for its outstanding scenic and aesthetic qualities.
While the property has been included on the City's list of potential acquisition sites since 199Z it
has been considered a lower priority for acquisition until recently. The site assumed a higher
priority recently due to several factors, including:
• Successful acquisition of natural area sites both north and south of this property made this
property more important in terms of its potential to provide a significant area of contiguous
natural habitat and an effective corridor.
• Adoption of the City's prairie dog policy gave a higher priority to acquiring the few remaining
unprotected sites with large acreages ofprairie dog colonies.
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November 2, 1999
• The Natural Resources Advisory Board urged staff to pursue acquisition of the site.
• Although several developers were interested in the property, the seller approached the City with
a strong interest in seeing the property acquired for public purposes.
Based on these factors, staff negotiated the purchase and sale agreement with the Sellers.
Acquisition of the parcel has the potential to meet several City objectives. It will add an important
area to the City's system of Natural Areas and provide additional opportunityfor both natural area
protection and for providing passive recreation opportunities for the community, such as walking,
wildlife viewing, bicycling, and horseback riding. The site will alsoprovide right-of-wayfor afuture
north -south trail connection to Loveland that is planned in the City's Parks and Recreation Master
Plan. The site also offers the opportunityfor development of residential housing to helpmeet the
City's affordable housing needs. The latter objective could be met by resale of a portion of the
property to an affordable housing developer, either public or private.
The concept for the future sale of a portion of the propertyfor affordable housing emerged from
four places. In the past, Councilmembers have expressed support for land purchases that served
multiple purposes, including affordable housing and natural area proximity. Second, in evaluating
the propertyfor acquisition, Natural Resources staff determined that the entire property was not
essential to meet natural area purposes in this area. Staff believes development of a portion of the
property adjacent to existing development to be appropriate and that it can be accomplished in a
manner that is compatible with the adjacent natural area. Third, as Natural Areas staff were
discussing the potential acquisition of the site, Advanced Planning staff were discussing with
Council the potential to create a land bankfor affordable housing. Together, the two staffs realized
that this parcel could help meet both critical needs in the community — affordable housing and
natural area protection. Fourth, several affordable housing development interests have expressed
interest in the property.
For these reasons, staffhas proposed that we continue to evaluate the concept ofresale ofup to 50
acres of the property to helpmeet affordable housing needs. The Resolution does not obligate the
Council to sell the property at this time. Rather, it directs the City Manager to further investigate
the potential for resale and present his recommendation to the Council. The property would first
be offered to the Fort Collins Housing Authority. If the Authority declines the property, staff would
conduct a public process to select a purchaser before presenting a recommendation to Council.
Staff anticipates completing that process within a nine -month time frame.
The purchase and sale agreement for the property also requires that the property be named the
"Hazaleus Natural Area ". Staff agrees with this proposal and believes it is consistent with the
current policy in place for naming natural areas. That policy places a priority on names that evoke
the natural character ofthe land (e.g., Coyote Ridge), but allows properties to be named afterpeople
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November 2, 1999
if there is a significant donation involved and the seller wishes it, or if the name has some historic
or geographic significance, or recognizes someone who has made significant contributions to the
community. Staff believes these criteria are met in this instance (see attachment).
This acquisition has been reviewed extensively by the Natural Resources Advisory Board at several
meetings, most recently at its October 20, 1999 meeting (minutes attached). The Board voted to
support the acquisition of the site (7 for, I against). They also voted to support the further
evaluation of resale of a portion of the propertyfor affordable housing purposes (7 for, 0 against,
1 abstention). The NRAB did not support naming the site "Hazaleus Natural Area", instead
recommending that the family be recognized and honored in another mutually agreeable way (5 for,
3 against). The Board believes that the current policy that allows naming natural areas for families
or people is too vague and needs to be revised to provide greater clarity regarding what is a
"significant" donation, and the nature of the contributions to the community. The Board believes
that the donation value should be a very substantial portion of the total value and that those who
are honored should have made significant contributions in the area of natural area or environmental
protection. The board voted unanimously to recommend immediate review of the policy regarding
naming natural areas. "
Tom Shoemaker, Natural Resources Director, presented a description of the property and stated that
this is a unique opportunity to add to the City's inventory of natural areas and trails corridor. In
addition, a portion of the property adjacent to existing development could be made available for
resale to meet affordable housing needs. He noted that the Resolution provides that the area would
be named the Hazaleus Natural Area and stated that the Natural Resources Advisory Board has
expressed concerns regarding the City's policy for naming of City facilities.
City Manager Fischbach stated that staff is working on developing a naming policy.
Susan Hazaleus, 2015 Meade Street, Denver, spoke regarding the Hazaleus family and the property.
She spoke regarding a sewer line on the property that could serve affordable housing.
John Hazaleus, no address given, spoke regarding the Hazaleus family and their contributions to the
community.
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the City's naming policy.
Kevin Oldgenburns, no address given, supported naming the natural area after the Hazaleus family
and adoption of a clearer naming policy in the future.
Sally Craig, 1409 South Summitview, spoke regarding the need for better definitions regarding
donations.
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November Z 1999
Councilmember Kastein asked about the approval process for natural areas acquisitions. City
Attorney Roy stated that Council approval is not required when funds have been appropriated and
that this acquisition is presented for Council consideration because of the contingencies in the
purchase and sale agreement.
Councilmember Kastein asked about the impact on the stream and trails corridor if this property is
not acquired. Shoemaker stated that the Land Use Code includes provisions regarding the protection
of wetlands and stream corridors and that this purchase would provide a larger buffer area.
Councilmember Kastein asked for additional information regarding the purchase price, the amount
of the donation, and how long the property has been for sale. Shoemaker stated that the property has
been for sale for longer than a year and spoke regarding the reasons for revision of the donation
value.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 99-133.
Councilmember Weitkunat spoke regarding the natural areas goals that will be accomplished through
the acquisition of this property and noted that the Natural Resources Advisory Board should not have
focused on the naming issue since there is a naming policy currently in place.
Councilmember Bertschy stated that this property will be a valuable addition to the natural areas
inventory and spoke regarding the community contributions of the Hazaleus family. He noted that
the City is working on the naming policy.
Councilmember Mason thanked the Hazaleus family for its donation and thanked the Natural
Resources Advisory Board for bringing the naming issue to Council's attention.
Councilmember Kastein stated that this property has not been a high priority compared to other
acquisitions and that the focus should be the acquisition of higher priority properties.
Mayor Martinez thanked the Hazaleus family for its donation and contributions to the community.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Martinez, Mason,
Wanner and Weitkunat. Nays: Councilmember Kastein.
THE MOTION CARRIED
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November Z 1999
Ordinance No. 160,1999,
Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for Certain Properties
Located Within the West Central Neighborhoods Plan and Known as the West
Central Neighborhoods Plan Second Subarea Rezoning Postponed on Second Reading,
The following is staff s memorandum on this item.
"Executive Summary
The West Central Neighborhoods Plan was adopted by the City Council on March 16, 1999, as a
subarea (neighborhood) plan for an "L"shaped area ofapproximately three square miles located
west, southwest, and south of the Colorado State University Main Campus. On June 1, 1999, the
Council adopted on Second Reading Ordinance No. 90, 1999, which rezoned most ofthe properties
proposed for rezoning within the Plan's boundaries as recommended in the West Central
Neighborhoods Plan. The property located at 1132 West Prospect Road and the properties located
north of West Prospect Road, adjacent to Whitcomb Street and Blevins Court, were deleted from the
initial rezoning effort and temporarily retained in their existing R-L, Low Density Residential,
District to allow staffadditional time to work with the property -owners to discuss and evaluate their
rezoning issues. Ordinance No. 160, 1999, which was unanimously adopted on First Reading on
October 19, 1999, amends the zoning map by changing the zoning classification for certain
properties located within the West Central Neighborhoods Plan. "
Councilmember Weitkunat withdrew from discussion on this item due to a perceived conflict of
interest.
("Secretary's Note: Councilmember Weitkunat out of room.)
Councilmember Byrne spoke regarding the concerns expressed by property owners regarding the
feasibility of development. Ken Waido, Chief Planner, spoke concerning the vision of the West
Central Neighborhoods Plan regarding high density and long term redevelopment.
Councilmember Byrne asked about the need for consolidation and demolition to accomplish
redevelopment and the concerns ofproperty owners regarding feasibility. Waido stated that property
could become available for consolidation in the future and that existing structures and uses could
continue to exist.
Councilmember Byrne asked how the City would facilitate redevelopment. Greg Byrne, CPES
Director, stated that redevelopment would be facilitated by the City wherever appropriate but that
there has been no discussion regarding the City acquiring property and reconveying it for private
development.
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November 2, 1999
Councilmember Kastein spoke regarding the goal to increase the number of housing units close to
CSU and the feasibility of increasing the number of units with lower density. City Manager stated
that redevelopment is more likely to occur with higher density because of the greater economic
return to the property owners and that the West Central Neighborhood Committee recommended the
plan.
Jim Swanstrom, 818 East Swallow Road, expressed concerns regarding the feasibility of
redevelopment in an area with small lots and suggested a lower density that would allow reuse of
existing buildings.
Robert Swanstrom, 4325 Picadilly Drive, property owner at 604 West Prospect, expressed concerns
regarding the proposed extreme high density in an area with small lots. He asked for consideration
of lower density.
Roy Swanstrom, 200 Blevins Court, expressed concerns about the feasibility of redevelopment in
this area with the proposed high density and noted that such redevelopment would require existing
structures to be torn down.
Mayor Martinez asked if any other areas in Fort Collins have density that is this high. Waido stated
that there are no other areas with density this high and that there are no other areas in a comparable
location adjacent to CSU.
Councilmember Mason asked why the neighborhood supported higher density. Waido stated that
student housing adjacent to campus would relieve pressure on the neighborhoods.
Councilmember Bertschy asked why lower density was not recommended. Waido stated that MMN
zoning was considered and explained the rationale for the higher density and mixed uses.
Mayor Martinez asked if input has been received from other developers besides the Swanstroms
regarding the feasibility of development. Waido noted that one other developer voiced opposition.
Councilmember Byrne noted that the redevelopment could happen more quickly under other
conditions and suggested exploring other alternatives.
Councilmember Byrne made a motion, seconded by Councilmember Bertschy, to postpone
consideration of Ordinance No. 160, 1999 until after January 1 to allow time to further explore the
issues raised.
Councilmember Kastein suggested giving staff direction concerning the issues to be explored.
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November 2, 1999
Councilmember Byrne spoke concerning the issue of feasibility of redevelopment in the near future
and asked staff to take a closer look at this issue.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.)
BUDGET CONSENT ITEMS
28. Items Relating to Utility Rates for 2000.
A. First Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III,
Division 4 of the City Code Relating to User Fees and Charges for Water.
B. First Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article TV,
Division 4 of the City Code Relating to Wastewater Fees and Charges.
C. First Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
D. First Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
E. First Reading of Ordinance No. 170, 1999 Amending Chapter 26 of the City Code
Relating to Fees for Raw -water Requirements for the Water Utility.
These five ordinances increase the City's utility rates for water by an average of 6%,
wastewater by 2% and stormwater by 10%. The rate increase for water varies by customer
class based on the Utilities' cost of service study. There is no monthly rate increase for
electric customers; however, the charge for initiating a new service will increase. The Water
and Electric Boards have reviewed the rate changes in conjunction with their discussions on
the recommended 2000-2001 budget.
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November 2, 1999
29. First Reading of Ordinance No. 171, 1999, Amending the City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation
Based on the Denver -Boulder Consumer Price Index.
In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital
improvement expansion fees for Library, Community Parkland, Police, Fire, and General
Government services. The purpose of the fees is to have new development pay a
proportionate share of the capital improvements and equipment that will be necessary to
provide services to the development. The Code provisions approved by the Ordinance
provide for the annual adjustment of the fees to keep up with inflation, using the Denver -
Boulder (now Denver -Boulder -Greeley) Consumer Price Index.
The City has imposed a Parkland Fee for neighborhood parks since 1968. In August of 1996,
Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood Parkland
Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance,
and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland fees
were adjusted for inflation in 1997 and 1998 along with the Capital Improvement Expansion
Fees.
Based on the Denver -Boulder -Greeley Consumer Price Index for all urban consumers, the
inflation level since the last annual adjustment is an increase of 2.87%. This Ordinance
adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation.
All amounts have been rounded to the nearest dollar.
30. Resolution 99-134 Adopting an Amendment to the Financial Management Policies
On April 20, 1999, Council adopted Resolution 99-46. That Resolution established the
Principles for Budget planning including the categorization of services and priorities of
funding. These Principles guide in planning the allocation of limited resources to best meet
the service needs for the good of the whole community. The Principles also provide a
written framework that will help residents better understand why and how decisions
regarding the allocation of resources to meet service needs are made.
Resolution 99-46 also directed the City Manager to prepare an amendment to the City's
Financial Management Policies to incorporate the Principles for Budget Planning and to
present that amendment for Council consideration as part of the 2000 and 2001 budget
process. The amendment adopted by this Resolution will become part of the Financial
Management Policies of the City. The Policies remain in effect until they are subsequently
amended or repealed by Council action.
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November 2, 1999
31. Resolution 99-135 Adopting a Revenue Allocation Formula to Define the City of Fort
Collins' Contribution to the Poudre Fire Authority Budget for the Year 2000 for Operations
and Maintenance.
Adoption of the Resolution will establish a Revenue Allocation Formula (RAF), thereby
defining the City's contribution to the Poudre Fire Authority in 2000 for operations and
maintenance.
32. Items Relating to the 2000 Downtown Development Authority Budd
A. First Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown
Development Authority for Fiscal Year 2000.
The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for
2000, totaling $281,163, and determined the mill levy necessary to provide for payment of
all properly authorized expenditures incurred by the District, at its regular meeting of
October 20, 1999.
B. First Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service for the Year
2000.
This Ordinance appropriates funds for the payment of debt service related to DDA projects
for 2000, as approved by the DDA Board on October 7, 1999. Included in this Ordinance
is a recommended appropriation of $100,000 to be used for debt service obligations incurred
by the City for the acquisition and renovation of facades, construction and installation of
public improvements and acquisitions of property interest. City staff is recommending the
Council appropriate $282,129, in the DDA Debt Service Fund budget approved by the DDA
Board. This appropriation represents the DDA's share of the annual payment on the
certificates of participation used to finance the Civic Center Parking Structure. According
to agreements between the City, the County, and the DDA, each party will be responsible for
one-third of the lease payments attributable to the parking structure for the period 1999 -
2006. After 2006, when the DDA tax increment sunsets, the City and County will equally
share in the DDA's commitment through 2016.
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November 2, 1999
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
28. Items Relating to Utility Rates for 2000.
A. First Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III,
Division 4 of the City Code Relating to User Fees and Charges for Water.
B. First Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article TV,
Division 4 of the City Code Relating to Wastewater Fees and Charges.
C. First Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
D. First Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
E. First Reading of Ordinance No. 170, 1999 Amending Chapter 26 of the City Code
Relating to Fees for Raw -water Requirements for the Water Utility.
29. First Reading of Ordinance No. 171, 1999, Amendingthe e City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation
Based on the Denver -Boulder Consumer Price Index.
32. Items Relating to the 2000 Downtown Development Authority Budget
A. First Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown
Development Authority for Fiscal Year 2000.
B. First Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service for the Year
2000.
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November 2, 1999
33. First Reading of Ordinance No. 174, 1999 Being the Annual Aproropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for
the Fiscal Years Beginning January 1, 2000, and Ending December 31 2001 and Fixing the
Mill Lew for Fiscal Year 2000.
Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt and approve
all items on the Budget 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
Budget Consent Calendar Follow-up
Councilmember Mason spoke regarding previous discussions regarding the need for stormwater
inspection at new development sites. City Manager Fischbach stated that staff is currently reviewing
the issue and will have a recommendation within a month.
Ordinance No. 174,1999
Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for the Fiscal Year 2000 and
Adopting the Budget for the Fiscal Years Beginning
January 1, 2000, and Ending December 31, 2001, and Fixing
the Mill Levy for Fiscal Year 2000, Adopted on First Reading
The following is staff s memorandum on this item.
"Financiallmpact
This Ordinance represents the annual appropriation for fiscal year 2000, and adopts the total City
Budget for fiscal year 2000 at $376,193,382 and for fiscal year 2001 at $391,911,977. This
Ordinance also appropriates the Firefighters' Pension Fund of $2,521,232 for 2000 and sets the
City mill levy at 9.797 mills for fiscal year 2000.
Executive Summary
There have been three study sessions involving discussion of the 2000-2001 budget for the City of
Fort Collins. In addition, two Public Hearings were held along with input from the Boards and
Commissions of the City to aid in the development of the budget. From City Council direction and
the input from the public and boards and commissions, the City offort Collins 2000-2001 Biennial
Budget was developed and is now presented to City Council for consideration and adoption and to
appropriate the necessary monies to fund the budget for fiscal year 2000. The second reading ofthis
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November 2, 1999
Ordinance to adopt the 2000-2001 budget and appropriate monies for fiscal year 2000 is scheduled
for November 16, 1999.
The Net City Budget, which excludes internal transfers between funds and Firefighters' Pension, is
$255,434,439 for 2000 and $268,340,595 for 2001. The Net City Budget is allocated to:
2000 2001
Operations $204,878,807 $207,811,971
Debt Service $ 7,171,984 $ 7,207,273
Capital $ 43,383,648 $ 53,321,351
This Ordinance also sets the 2000 City mill levy at 9.797 mills, unchanged since 1991.
BACKGROUND:
The development of the 2000-2001 budget began in March of this year. In April, Council adopted
Resolution 99-46 that set some principles for budget planning including service priorities for the
City. Input for development of the budget was received from two ofcial public hearings, as well as
through other citizen participation, and from the City's boards and commissions. Three budget study
sessions were held. Acknowledging the input ofthe public and the boards and commissions, Council
directed that the following service additions be included in the 2000-2001 budget for the City.
2000
2000
2001
2001
Ongoine
One-time
Ongoing
One-time
Primary Services
Cottonwood Park Maintenance
30,392
24,346
Stewart Case Park Maintenance
52,169
65,126
Civic Center Park Maintenance
30,317
13,025
Harmony Park Maintenance
35,997
44,936
Park Facility Maintenance
48,852
15,000
Regional Trails
14,408
8,136
7,457
4,210
Median Maintenance
36,165
22, 050
Horticulture Center
110,000
110,000
Parking Structure
46,500
6,326
City Office Building O&M
97,700
1-25Interchange
140,000
100,000
100,000
Facilities Major Maintenance
100,000
288,700
100,000
323,000
Police Staffing
484,330
179,168
569,604
199,609
CADIRMS-Police
58,309
CAD/RMS-Municipal Court
50,000
50,000
800 MHZ System
264,000
350,000
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Land Bank
Affordable Housing Production
Land Use Code
E. Mulberry Corridor Project
Zoning Inspector
Plans Analyst
Building Inspector
Contract Development Review
Engineer
Development Review Engineer
Hearings Officer
Traffic Signal Timing System
Transportation Planning/Local
Match
Municipal Court Move
Public Nuisance Abatement
Coordinator
Fall Leaf/Xmas Tree Drop-off
Central Recycling Drap-off Site
Construction/Demolition Debris
Renovation of Old Town Parking
City Wind Power @ 3%-5%
Community Separator Plan
Total Primary Services
Secondary Services
Hickory Park
Youth Activities Center Rent
Community Mediation
Bilingual Library Assistant
Bilingual Student Aides
Technology Training Librarian
Museum Administrative Clerk
Humane Society Contract
Arts Alive
Total Secondary Services
Support Services
November 2, 1999
2000
2000
2001 2001
Oneoing
One-time
Onizoin One-time
250,000
500,000
160,036
228,879
20,000
20,000
127,000
30,720
66,576
1,897
59,681
25,457
68,176
10,000
64,077
1,000,000
250,000 24,000 31,000
75,000
63,275 26,590
10,000
15,000 100,000
20,000
95,000
27,000
40.000
$1,867,597 $2,860,572 $1,249,963 $1,611,064
250,000
48,000
64,163
60,276 22,000
18,500
250,000
51,000
70,174 22,000
19,217
24,172 8,000
70,000
$186,328 $390,000 $ 78,174 $323,000
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November 2, 1999
2000 2000 2001 2001
Ongoing One-time Ongoing One-time
Systems Analysts
244,140 244,140
GIS Strategic Plan
239,140 178,412
April City Election
160,000
Employee Parking
56,000 56,000
Video Program
18,000 18,000
Total Support Services $0 $557,280 $300,140 $356,412
Total for Additions/
Enhancements $Z053,925 $3,807,852 $1,628,277 $2,290,476
*Resources Available 2,292,957 6,676,679 1,837,256 2,868,827
Net Available $239,032 $2,868,827 $ 208,979 $ 578,351
* This includes estimated available resources included in the City Manager's recommended budget as
well as updated sales tax revenues through August 1999.
2001 Budget Exception Process
Council directed that a number of items be put on a `priority" list to be considered during the 2001 budget
exception process. These items are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
Larimer County Recycling Center Expansion ($100,000 one-time)
Air Quality Monitoring Equipment ($75, 000 one-time)
Community Separator Grant Match ($40, 000 one-time; $40, 000 is budgeted in 2000)
Water Quality Monitoring ($125, 000 to $150, 000 ongoing)
Traffic Signal Timing system ($3.0 to $4.0 million one-time)
General Employees Retirement Plan/Cost of Living Adjustment ($843,900 one-time)
Human Services Grant Program/Contract
Pollution Prevention ($92, 000 ongoing; $27, 000 one-time; staff to develop a plan during the next
6 months)
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November 2, 1999
9. Formula for dealing with "overage" of revenues for street maintenance expenses
Staff will continue to monitor revenue collection throughout 1999 as well as analyzing revenue projections
for the years 2000 and 2001. Any revision of revenue projections (whether up or down) will be included as
part of the 2001 exception process. "
City Manager Fischbach presented the recommended budget, as amended subsequent to Study
Session discussions with the Council, for the years 2000 and 2001. He stated that the ordinance
appropriates the monies for fiscal year 2000 and that the total City budget for 2000 is $378,714,614.
The recommended budget for 2001 is $391,911,977. He spoke regarding the budget preparation and
review process and stated that the budget focuses on increasing primary services in key areas: (1)
police services; (2) facilities maintenance; (3) affordable housing; (4) planning and development
review; and (5) streets and transportation services. He noted that the budget includes resources to
support operations and maintenance of new facilities that will be completed in the next two years
and that consideration will be given in discussions of the update to the 2001 budget for expansion
ofthe Larimer County recycling center, traffic signal timing system, environmental services, creating
a formula to deal with future overages in revenue collection and how to apply it to streets
maintenance, air quality monitoring equipment, the community separator grant match, and the
General Employee Retirement Plan cost of living adjustment.
Tim Johnson, representing the Transportation Board, asked Council to consider ways to deal with
the chronic annual street maintenance deficit.
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the budget process and
compared items that were funded with items that were not funded.
Sally Craig, 1409 South Summitview, spoke regarding funding for development review engineers
for 2001 and operations and maintenance costs for the horticulture center.
Randy Fischer, 3007 Moore Lane, spoke regarding the recycling center expansion funding and asked
for full funding for the community separator study and pollution prevention.
Councilmember Bertschy asked about policy changes that would be needed to deal with the street
maintenance deficit. City Manager Fischbach stated that the Finance Committee will be discussing
the issue and the implications for other City services.
Councilmember Bertschy asked about City policies for adding full time employees (FTE's) when
new facilities such as the horticulture center are brought online. City Manager Fischbach stated that
the recommendation for adding FTE's for the horticulture center is in line with City policies and that
new FTE's are recommended only if there is confidence that they can be funded permanently.
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November Z 1999
Councilmember Bertschy asked for clarification regarding ongoing funding for the development
review engineers. City Manager Fischbach stated that item will be funded before Second Reading.
Councilmember Weitkunat asked for clarification regarding the mill levy and the process for
projection of revenues. City Manager Fischbach stated that the mill levy is not changing, that each
source of revenue is reviewed separately and that revenue projections are conservative.
Councilmember Wanner supported making every effort to meet maintenance shortfalls before
starting new secondary programs and asked for further work on the street maintenance issue prior
to Second Reading. He expressed concerns regarding the scale of the horticulture center and
requested analysis of the history of the project as well as the current proposal. He requested
additional information regarding the community separator study.
Councilmember Mason asked for an analysis of the benefit of funding for the community separator
study prior to Second Reading of the ordinance. He also asked for information on moving the
exemption process to late spring and asked about the schedule and 2000 capital funding for the
horticulture center.
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 174,1999 on First Reading with direction to the City Manager to consider Council's
comments for possible amendment on Second Reading.
Councilmember Byrne commended staff for their work on preparation of the budget and spoke
regarding long term fiscal impacts and prioritization of services.
Councilmember Bertschythanked staff for their hard work on the budget and highlighted major areas
of the budget.
Councilmember Mason expressed thanks to staff for their work on the budget.
Mayor Martinez thanked staff for a job well done on the budget.
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November 2, 1999
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Executive Session Authorized
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn into
Executive Session to discuss legal matters. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: The meeting adjourned into Executive Session at 8:20 p.m. and reconvened
following the Executive Session at 8:45 p.m.)
Other Business
Councilmember Byrne asked about the next steps in the process due to the passage of the citizen
initiative on the truck bypass. City Manager Fischbach stated that he would provide an outline of
the process within the next few weeks.
Adjournment
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adjourn to 6:00
p.m. on November 9,1999 for evaluations for the City Manager, City Attorney and Municipal Judge.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
The meeting adjourned at 8:45 p.m.
ATTEST:
City Clerk
Mayor
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