HomeMy WebLinkAboutMINUTES-07/07/1987-RegularJuly 7, 1987
' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, July 7, 1987, at 6:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur.
Staff Members Present: Burkett, Eckman, Krajicek
Agenda Review: City Manager
City Manager Burkett noted a revised Ordinance No. 97, 1987 had been
provided to Council for Item #12, Hearing and First Reading of Ordinance
No. 97, 1987, Amending Certain Sections of the Code Pertaining to the
Execution of City Documents.
Councilmember Mabry requested Item #31, Resolution 87-92 Recognizing Fort
Collins as an Urban Wildlife Sanctuary, be removed from the Consent
' Calendar.
Councilmember Horak asked that Item #25; Resolution 87-86 Authorizing the
Purchase of Real Estate (old Kentucky Fried Chicken Site) for the
Construction of Spring Creek Master Plan Improvements South of Stuart
Street and West of College Avenue, be withdrawn from the Consent Agenda.
Councilmember Winokur requested Item #13, Hearing and First Reading of
Ordinance No. 98, 1987, Amending Section 114-2 of the Code of the City of
Fort Collins Relating to the "Model Traffic Code for Colorado
Municipalities," 1977 Edition, be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Items #35 and #45, Pul`led'•Consent* .Items, except items pulled
by anyone in the audience or items that any. member of the audience is
present to discuss that were pulled by staff or.Council. These items will
be discussed immediately following the Consent Calendar.
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July 7, 1987
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5.
FBI
7.
This Ordinance was adopted 6-0 on First Reading on May 19 and on June
2 was tabled to this date on Second Reading at the request of the
applicant.
The Center for Advanced Technology Special Improvement District No. 90
is located on Shields Street from Landmark Apartments at Prospect Road
to Raintree Shopping Center at Drake Road. The district is proposing
to complete the widening of Shields Street to full arterial standards
between Prospect Road and Drake Road and to improve the internal
collector streets of the Center for Advanced Technology (C.A.T.). The
district is composed of four properties, Everitt Enterprises, CSURF,
Windtrail PUD, and Sam Aranci. A portion of the proposed improvements
to Shields Street is the frontage of Rolland Moore Park, which will
participate in the costs. Spring Creek Professional Park P.U.D. is
now under construction and will widen Shields Street along its
frontage, just north of Rolland Moore Park. The widening of Shields
Street will provide a much needed capacity to this important arterial
corridor.
The Developer of Rangeview P.U.D. is requesting the vacation of a
utility easement in order to revise the location and the shape of
proposed buildings. This relocation of the easement requires
relocating the existing utilities in the easement, which shall be the
responsibility of the Developer to complete to the satisfaction of
proper Utility Agencies, and to bear all costs associated with the
relocation.
All Utilities have been contacted and have no problems with the
vacation and dedication. This Ordinance, which was unanimously
adopted on First Reading on June 2, vacates the easement.
The Developer of Horsetooth Commons P.U.D. has received the Planning
and Zoning Board's approval to develop a parcel of land on the
northwest corner of Shields Street and Horsetooth Road. The project
was approved and replatted at the February 23, 1987 Planning and
Zoning Board meeting. Three pieces of street right-of-way which were
dedicated prior to the Horsetooth Commons replat will not be needed.
The developer is requesting the vacation of these three pieces of
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July 7, 1987
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right-of-way. All necessary rights -of -way, and easements for this new
development have been dedicated with the replat.
All utilities have been contacted and have no problems with the
vacations. This Ordinance, which was unanimously adopted on First
Reading on June 2, makes the needed vacations.
Items Relating to the Hoffman Mill Annexation and Zoning
A. Second Reading of Ordinance No. 90, 1987, Annexing Approximately
5.95 Acres, Known as the Hoffman Mill Annexation.
B. Second Reading of Ordinance No. 91, 1987, Zoning Approximately
5.95 Acres, Known as the Hoffman Mill Annexation, into the B-P,
Planned Business, Zoning District.
These Ordinances, which were unanimously adopted on First Reading on
June 2, are a request to annex and zone approximately,5.95 acres,
located north of Riverside Avenue and east of Lemay Avenue, which is
presently an enclave of county area completely surrounded by
incorporated area of the City of Fort Collins. The requested zoning is
the B-P, Planned Business, Zoning District, with a planned unit
development condition.
OWNERS: Albert Craft
1216 Hoffman Mill Road
Fort Collins, CO
Charles Schneider
1300 E. Laurel Street
Fort Collins, CO
James Hildred
1308 E. Laurel Street
Fort Collins, CO
Wilber Dinkel
1208 Hoffman Mill Road
Fort Collins, CO
Adam Schneider
1200 Hoffman Mill Road
Fort Collins, CO
This ordinance, which was unanimously.adopted on First Reading on June
2, will reduce the cash rate charged developers for satisfaction of
raw water requirements from $1000 to $800 per acre foot. It has been
the City's practice for many years to set the cash rate in -lieu -of
water rights at the approximate price of CBT water. Lowering the rate
to be more consistent with current prices will provide a more
equitable option to those developers.! who do not have water rights
available to satisfy the City's requirements'., The Water Board
recommended at their May 15, 1987 meeting to set -the rate at $800 per
acre foot.
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July 7, 1987
10.
11.
12.
IFE
This Ordinance is the result of the April 21, 1987 Council meeting and
a subsequent meeting with staff and members of both the Building
Contractors Licensing Board and Building Board of Appeals. It was
endorsed by both bodies with a recommendation that the new board be
named the "Building Review Board".
This Ordinance, which was unanimously adopted as amended on First
Reading on June 2, creates a board of seven regular members and two
alternate members, at least three of whom have technical
qualifications.
The legislature recently revised the definition of "peace officer"
under state law. In order to conform the provisions of our Code to
the new definition and to enable special police officers, especially
community service officers, to issue summonses and complaints for
misdemeanor offenses, staff is recommending a revision to Section 7-9
of the City Code.
At present, the enforcement authority of special police officers is
'
limited to the enforcement of City Code provisions. The proposed
revision would allow the Chief of Police to designate certain portions
of the state law to be enforced by special police officers.
Additionally, the change would specifically designate the special
police officers as "peace officers," so as meet the requirements of
the revised state law.
The question:of who should sign what kinds of City contracts regularly
arises during the conduct of City business. :Certain changes in the
City Code- are recommended in order to more clearly identify the
appropriate City official who should .fl gnuvarious kinds of written
contracts.
Automobile collisions are a common cause of death and injury.
Research has shown that safety belt use reduces the chance of being
killed or seriously injured. A City Ordinance requiring the use of
safety belts will permit the violation to be written into Municipal
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July 7, 1987
14.
Court. This ordinance follows the new state statute and is no more
restrictive.
The City originally solicited lease/purchase financing proposals on
March 12, 1987 at 10:00 A.M. First Continental Financial Corporation
was the low bidder at a net effective interest rate of 6.30%.
The City and the low bidder have mutually agreed to terminate
negotiations on a lease purchase agreement.
The net effective interest rate from the second low bidder, Maryland
National Leasing Corporation is now 7.03%. Due to the elapsed time
and unstable market conditions, neither the second or third low
bidders could hold their originaL rate, but offered alternate rates.
Maryland National Leasing Corporation offered 7.03%; Rauscher, Pierce,
Refsnes offered 7.98%.
The City's estimated savings on the refinanced lease purchase
agreements at 7% is $15,00O; current four year Treasury issues are
yielding approximately 7.8%, thus we feel 7.03% is a competitive rate.
The City has $461,645.82 at 8.682% and $277,558.84 at 8.22% being
' refinanced at the lower rate. These existing lease/purchase
agreements were due in April and May; therefore, these balances were
paid from available cash in anticipation of the completed agreements
with First Continental Financial Corporation. The Revenue Division
has been earning 6.4 to 6.5% on available cash investments. Quarterly
payments which would have been due on the prior lease/purchase
agreements will be retained by the City, earning the City additional
funds (the difference between 8.22 and 8.6% from the lease/purchase
payments and 6.4 to 6.5% that would normally be earned on available
cash).
The new equipment for 1987 is comprised of patrol cars, investigation
sedans, twq.mowers. and video production equipment in the amount of
E366,658.5O.., Money for the 1987 lease/purchase payments was budgeted
when the 1987 Budget was adopted.
A complete list of the equipment being lease/purchased is contained in
the Ordinance.
15.
The Eighth Judicial District Victim Assistanceand Law Enforcement
Board has awarded Fort Collins' Police Services $11,585 for the
acquisition of a portable forensics argon laser system. The grant
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July 7, 1987
16
application was prepared and presented by Police Services as a shared
request with the Larimer County Sheriff's Department, Colorado State
University Police Department, and Loveland Police Department.
The forensic argon laser system will be utilized by the four law
enforcement agencies for the identification, collection, and
documentation of latent evidence at appropriate crime scenes. As
specified in the grant application, the system will be administered by
Police Services and will be readily available to trained technicians
of the other agencies for their use.
Police Services is appreciative of the V.A.L.E. Board's support in
providing funding for this very desirable item of equipment.
Items Relating to Street Repairs in the Foothills Park Resubdivision
A. Resolution 87-85 Authorizing the Execution of a quitclaim Deed
Releasing Lots Held as Collateral for the Repair of Streets in the
Foothills Park Resubdivision.
Hearing and First Reading Ordinance No. 101, 1987, Appropriating
$54,378 in the Capital Projects Fund for Street Repairs in the
Foothills Park Resubdivision.
Since 1979 we have had problems with the streets in the Foothills Park
Resubdivision, most notably Colony and Tradition Dr-ives. It was agreed
that the developer would make the repairs prior to the City accepting
the streets for maintenance.
Over the past 8 years the developer made some repairs, but never
completed the job. City staff made several attempts to get the
developer to repair the streets. One of the methods involved the
developer deeding several lots to the City to guarantee that the work
would be done. During a corporate reorganization, the City's deed was
executed by the prior corporate owner, and not the new corporate
owner. Accordingly, the deed was not sufficient to convey title to
the City, but was sufficient to create a cloud,on the title in the
development. For that reason, the parties again negotiated and last
year we :reached a tentative agreement with the developer whereby he
agreed to pay the City $54,378, the estimated cost to repair the
streets, and the City would clear title to the property by execution
of the quitclaim deed which is the subject of the resolution.
Last month the lender, First Federal Savings Bank of Lakewood,
foreclosed on the developer and took back the unsold lots. The
agreement reached verbally had not yet been executed by the Developer
and the City'.when the default on the Developer's loan occurred, and
the lender came into possession of the remaining lots. City staff met
with the bank representatives, explained the circumstances, and the
City received the total $54,378.
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July 7, 1987
' 17. Items Relating to the Taft Canyon First Annexation and Zoning,
A. Hearing and First Reading of Ordinance No. 102, 1987, Annexing
Approximately .386 Acres, Known as the Taft Canyon First
Annexation.
B. Hearing and First Reading of Ordinance No. 103, 1987, Zoning
Approximately .386 Acres, Known as the Taft Canyon First
Annexation, Into the T-Transition Zoning District.
This is a request to annex and zone approximately .386 acres of
property, located south of Horsetooth Road (County Road 38E) and west
of the Taft Canyon PUD, west of Taft Hill Road. The property is
presently undeveloped.
APPLICANTS: City of Fort Collins OWNERS: Same
18. Items Relating to the Taft Canyon Second Annexation and Zoning
A. Hearing and First Reading of Ordinance No. 104, 1987, Annexing
Approximately .642 Acres, Known as the Taft Canyon Second
Annexation.
B. Hearing and First Reading of Ordinance No. 105, 1987, Zoning
Approximately .642 Acres, Known as .the Taft Canyon Second
Annexation, Into the T-Transition Zoning District.
' This is a request to annex and zone approximately .642 acres of
property, located south of Horsetooth Road (County Road 38E) and west
of the Taft Canyon PUD, west of Taft Hill Road. The property is
presently undeveloped.
APPLICANTS: City of Fort Collins... OWNERS:. Same.,,,,.A.,
19. Items Relating to the Dueck Colorado Properties Ltd Annexation and
Zoning.
A. Hearing and First Reading of Ordinance No. 106, 1987, Amending
Ordinance No-55, 1987, Annexing Approximately 23.37 Acres, Known
as the Dueck Colorado Properties, Ltd. Annexation.
B. Hearing and First Reading of Ordinance No. 107, 1987, Amending
Ordinance No. 56, 1987, Zoning Approximately 23.37 Acres, Known
as the Dueck Colorado Properties, Ltd. Annexation, Into the
T-Transitional Zoning District.
These ordinances will make certain corrections to previous ordinances
passed by the City Council which annexed and zoned approximately 23.37
acres known as the Dueck Colorado Properties, Ltd. Annexation.
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July 7, 1987
20.
if
22.
23.
This is a request rezone approximately 23.37 acres located east of S.
College Avenue, south of the Trilby Road, and north of Robert Benson
Lake, from the present T-Transitional Zoning District to the H-B,
Highway Business, Zoning District, with a planned unit development
condition and a condition requiring the entire 23.37 acres to be
master planned as a single unit at the time of any development
proposal.
APPLICANT: Dueck Colorado Properties, Ltd. OWNER: Same
15701 W. 1st Ave, Suite 200
Aurora, CO 80011
In January and February of 1986, Council approved Resolutions 86-9 and
86-10 accepting the petitions of the property owners and Ordinance No.
6, 1986 creating the South Lemay Special Improvement District No. 86.
One of the petitioners, Dueck Colorado Properties, Ltd., has since
purchased an additional twenty-one acre parcel and is requesting that
it be included in the district.
There will be no changes to the scope or construction of SID
improvements.
Publication and notice of the change was for the required time period,
and written notification was sent to the other petitioners.
The tract. of land platted as Fairway Five at
been replotted as Fairway Five Estates P.U.D.
The Developers are requesting vacation of
rights -of -way previously dedicated as stated
description. Re -dedication of easements and
with the recorded new plat.
Southridge P.U.D. has
at Southridge Greens.
easements and public
in the attached legal
rights -of -way occurred
All Utilities have been contacted and have no problems with the
proposed vacation.
The owner of Overland Trail Farm Subdivision is requesting the
vacation of a 20 foot wide utility easement intended to be used for a
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July 7, 1987
24.
sanitary sewer. The sanitary sewer was never constructed and the
easement is not needed. The project was approved and replatted at the
October 27, 1986 Planning and Zoning Board meeting. All necessary
rights -of -way, and easements for this new development have been
dedicated with the replat.
All utilities have been contacted and have no problems with the
vacation.
The owner of Lot 66, Southmoor Village First Filing, recently acquired
the northerly 10 feet of Lot 135, Southmoor Village Third Filing.
There is a 6 foot utility easement on each side of the original lot
line between Lots 66 and 135, making an easement 12 feet wide. The
owner is requesting that the 6 foot easement on Lot 66, and 2 feet of
the 6 foot easement on Lot 135 be vacated in order to build an
addition to the existing house. A 4 foot wide portion of the easement
on Lot 135 will remain, which will be adequate to service the adjacent
lots with all necessary utilities.
All utilities have been contacted and have no problems with the
vacation.
' 25. Resolution 87-86 Authorizing the Purchase of Real Estate fold Kentucky
Fried Chicken Site) for the Construction of Spring Creek Master Plan
Improvements South of Stuart Street and West of College Avenue
This area is considered to have a high hazard to the health and safety
of the property owners if a major storm should occur. The purchase of
the old Kentucky Fried Chicken site is the initial step toward the
resolution of the flood problems in the Spring Creek/College area.
The Spring Creek basin master plan, which was approved by City Council
in 1982, recommends a grass -lined channel from College Avenue to the
Burlington Northern Railroad (BNRR). The proposed improvements would
remove the existing properties from the 100 year flood plain. The
alignment„ and timing of the channel are being finalized, with the
final recommended alignment to be presented to Council at a
worksession in July.
All alternatives impact this parcel due to its location adjacent to
the crossing of Spring Creek at College Avenue. Staff recommends the
purchase of this property because the price is within the appraised
value and the property owners are willing sellers. The purchase price
is based on $69,000 for the existing building and improvements
($34.23/sq. ft.) and $146,000 for the land. This includes 19,442 sq.
ft. of frontage property and 17,248 sq. ft. of back lot property with
an access easement: The average purchase price of the land is
$3.98/sq. ft.
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July 7, 1987
26.
As adopted in 1980, the Intergovernmental Agreement for the Fort
Collins Urban Growth Area provides that the City of Fort Collins will
annex all eligible property within the Urban Growth Area. The State
of Colorado's annexation laws allow a municipality to annex county
enclaves which have been completely surrounded by the city for three
or more years. There are a number of properties throughout the city
that qualify for annexation under these terms.
At the request of the City Council, staff has been processing the
annexation of county enclaves as they become eligible under State law.
The annexation included for consideration at the July 7th meeting was
approved by the Planning and Zoning Board -on May 18, 1987, by a vote
of 7 - 0.
One property is included in this resolution of intent to annex.
Following adoption of this resolution by Council appropriate
notification of affected property owners, the annexation request,
along with the zoning request, will be considered on first reading at
the August 4th Council meeting.
The property is:
East Vine Drive 8th Annexation: 4.964 acres, east of Lemay Avenue and '
north of Vine Drive.
27. Resolution 87-88 Adjusting Ice Rental Rates at EPIC
WN
In order to accommodate as many requests as possible, a refinement of
the rate structure, based on popular and unpopular ice times, is being
recommended.
This proposal will add greater definition to the ice rental fee
structure. The current fee structure does not make provisions for
non -prime usage, late night usage and quantity discount. A larger
demand for prime time ice than can be supplied during the 1987-1988
season fs :expected. The proposed rate structure will encourage
non -prime usage and relieve some of the demand for prime -time ice.
Staff also wishes to avoid mid -season rate increases (January 1988),
which could create a greater financial impact to the user groups than
making the adjustment at the beginning of the season. A mid -season
increase would also create scheduling problems and cancellations.
This resolution authorizes the City Manager to '',enter into a
professional services agreement with ROB for the engineering services
required to design the Summit View Drive Bridge. This bridge
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July 7, 1987
' construction is funded by a state grant for 80% of the costs involved
with the City matching with the remaining 20%. The total cost of the
contract for the design is $25,000.
29. Resolution 87-90 Authorizing the Mayor to Execute a Transmission Line
Easement to be Granted to Platte River Power Authority.
To facilitate the relocation of the City's Power Plant Substation and
the removal of the transmission line through the Gustav Swanson Nature
Area, Platte River Power Authority requests a transmission line
easement across City property. The easement will serve a new
electrical substation to be located in the Linden Tech Industrial
Park. The easement consists of three parcels and contains a total of
0.24 acres. Two portions of the easement are on the east edge of the
Nature Area; the remaining parcel is south of Vine Drive and west of
Linden Drive. (Refer to the attached map.) The line is designed such
that no trees will be removed.
The easement has been reviewed and approved by Planning and
Development, Parks and Recreation, Natural Resources, the Right of Way
Agent, and the City Attorney. Platte River Power Authority has
cooperated with the City on aesthetic issues to minimize visual impact
to the Nature Area. Following completion of the Linden Tech
Substation, the retirement of the Power Plant Substation in 1989 will
permit the removal of approximately 1500 feet of existing overhead
transmission line through the Nature Area.
' 30.
The Four Seasons, Fifth Filing P.U.D. was approved 'on June 26, 1985 by
the Planning and Zoning Board with a cul-de-sac named Tradition Court:
A cul-de-sac with the same name already exists in another area. The
Developer of Four Seasons agreed to change the name of the cul-de-sac
in the Fifth Filing. Currently no houses exist on the cul-de-sac,
therefore no property owners will be affected by the name change.
31. Resolution 87-92 Recnani7inn Gnrf ' rnll`inc
The Resolution's purpose is to formally recognize Fort Collins as a
place where urban wildlife is considered important to quality of life
and as a municipality which seeks to protect urban wildlife habitat
through the development review process and through the Fort Collins
Backyard Wildlife Habitat Program. The resolution is part of the
process of seeking sanctuary certification through the National
Institute For Urban Wildlife. It creates no new policies or
processes, but rather formally recoani7es tha wildlifa wolnn ..a
solution
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July 7, 1987
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On June 2, 1987, the City Council heard an appeal of the April 20,
1987, Planning and Zoning Board decision which denied preliminary
P.U.D. approval of 1.57 acres of The Pulse PUD. The Council voted 5-2
to uphold the Planning and Zoning Board decision, thereby denying the
proposed uses as presented.
33• Resolution 87-83 Making Appointments to Various Boards and
Commissions.
Council has received copies of applications for membership on the
various City Boards and Commissions, and interviews with the
applicants have been conducted by Council committees.
In keeping with Council's policy, recommendations for the various
appointments were announced at the June 2 meeting. The appointments
were tabled to July 7 to allow time for public input.
34. Routine Easements.
a. Powerline easement from Jonathan M. Netter located at 649 South
College Avenue needed to underground existing overhead electric
system. Consideration: $960. (S5/sq.ft.) '
b. Powerline easement from Karl E. Frye, Betty D. Frye, James M.
Stevens, Linda J. Stevens, Janet D. Lepp needed to underground
existing overhead electric system, located at 647 South College
Avenue. Consideration: $1.
c. Powerline easement from John H. Gruenloh needed to underground
existing electric services located at 619 Whedbee. Consideration:
$1.
d. Easement from Lyma, Inc. for Phase I of the Greenbriar Storm
Drainage Outfall Project. This 'easement, located south of Conifer
Street --and east of Lemay Avenue, is needed to take storm water
from the southeast corner of Greenbriar P.U.D. to and under the
Lake Canal Ditch. Consideration: $1.
e. Waterline easement from Evergreen Park II, a partnership, located
west of Blue Spruce Drive in Evergreen Park for the Northeast Loop
Waterline. On September 17, 1985, City Council adopted Resolution
85-164, authorizing the acquisition of this easement by eminent
domain. The -City obtained immediate possession of the easement
area,, and constructed the waterline. As the May 21, 1987 final
hearing date approached, the property owner stipulated to a final
settlement, avoiding the expense of a jury trial. Consideration:
$1,800.
1
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July 7, 1987
' f. Easements from Total Petroleum, Inc. connected with the
construction of a new Vickers Station on the site of the old Husky
Station at 2025 South College. The easements are dedicated for a
sanitary sewer, electrical, a water line and sidewalk necessary to
serve the site on Lots 8 and 12 of Spring Court Subdivision.
Consideration: None.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5.
Item #6.
Item #7.
Item #8. A.
A
Item #9.
Item #10.
- qr,?+a
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #11.
Item #12.
Item #13.
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July 7, 1987
Item #14.
Hearing
and
First Reading of Ordinance No 99
1987 Authorizing
'
the
City Manager to Enter into an Agreement
for the
Lease/
Purchase
of
Vehicles and Eauipment
Item #15.
Hearing
and
First Reading of Ordinance No
100 1987
ADpro
priating Unanticipated
Revenue of $11 585 in the General Fund for
the
Purchase
of a Portable Forensic Argon Laser
System
Item #16.
B.
Hearing
and First Reading Ordinance No
101 1987
A,,ro
priating
$54,378 in the Capital Protects
Fund for
Street
Repairs
in the Foothills Park Resubdivision
Item #17.
A.
Hearing
and First Reading of Ordinance
No 102
1987
Annexing
Approximately .386 Acres Known as
the Taft
Canyon
First Annexation.
B. Hearing and First Reading of Ordinance No 103 1987 Zoning
Approximately .386 Acres Known as the Taft Canyon First
Annexation. Into the T-Transition Zoning District
Item #18. A. Hearing and First Reading of Ordinance No 104 1987
Annexing Approximately 642 Acres Known as theTaft Canyon
Second Annexation.
B. Hearing and First Reading of Ordinance No 105 1987 Zoning '
Approximately .642 Acres Known as the Taft Canyon Second
Annexation. Into the T-Transition Zoning District
Item #19. A. Hearing and First Reading of Ordinance No 106 1987
Amending Ordinance No 55 1987 Annexing Approximately 23 37
Acres. Known as the Due k Colorado Properties, Ltd
Annexation.
B. Hearing and First Reading of Ordinance No 107 1987
Amending Ordinance No 56 1987 Zoning Approximately 23 37
Acres. Known as the Dueck Colorado Properties Ltd
Annexation. Into the T-Transitional Zoning District
Item #20. Hearing: and First Reading of OHinanc No 108 1987 Rezoning
23.37 Acres from the T-Transition to theH-B Highway Business
Zoning District.
Item #21. Hearina and First RPadinn of nrdinanrn Nn 07 1007 A --- J:-- ak-
Item #22. Hearing and First Reading of Ordinance No 109 1987 Vacating
Easements and Public Riahts-of-Way Platted with the Fairway Five
at Southridge Greens P U D
Item #23.
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July 7, 1987
I
Item #24.
Councilmember Mabry made a motion, seconded by Councilmember Stoner, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 98, 1987, Amending
Section 114-2 of the Code of the City
of Fort Collins Relating to the °Model
Traffic Code for Colorado Municipalities,'
1977 Edition. Adopted on First Reading
Following is staff's memorandum on this item:
"Executive Summary
Automobile collisions are a common cause of death and injury. Research has
shown that safety belt use reduces the chance of being killed or seriously
injured. A City Ordinance requiring the use of safety belts will permit
the violation to be written into Municipal Court. This ordinance follows
the new state statute and is no more restrictive.
Background
On July 1, 1987, the state lam concerning the mandatory use of safety belt•
systems in motor vehicles became effective. This, law affects front seat
occupants of a motor vehicle. It also requires that enforcement be a
secondary offense, thereby requiring another violation to have occurred
before issuance of a summons for failure to wear a safety belt. The
proposed ordinance is essentially the same as the state statute. By having
the safety belt requirement included in the Model Traffic Code, enforcement
and compliance` are enhanced because violations occurring within the City
can be written into the Municipal Court."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 98, 1987 on First Reading.
Bruce Lockhart, 2500 East Harmony Road, opposed the regulation of seat belt
use.
Ernie Rogers, 609 East Prospect Road, .'expressed support for a local seat
belt law.
Councilmember Winokur stated although he was in favor of the use of seat
' belts, he objected to a mandatory seat belt law.
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July 7, 1987
Councilmember Horak stated he felt a mandatory seat belt law was long I
overdue.
Councilmember Stoner stated this Ordinance will allow Fort Collins police
officers to write tickets on the local level into Municipal Court rather
than enforcing the state ordinance.
Mayor Estrada noted the state has enacted the mandatory seat belt law and
the Ordinance under consideration makes Fort Collins' ordinances compatible
with the State Statutes and allows the City to recover the fines.from
tickets.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 98,
1987 on First Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, and Stoner. Nays: Councilmember
Winokur.
THE MOTION CARRIED.
Resolution 87-86 Authorizing the Purchase -_
of Real Estate (old Kentucky Fried Chicken
Site) for the Construction of Spring Creek
Master Plan Improvements South of Stuart
Street and West of College Avenue Adopted '
Following is staff's memorandum on this item:
"Financial Impact
The contract price of the parcel is $215,000 plus $27.58 per day for the
period from May 20, 1987 to the actual date of closing. The $27.58 is
prorated to cover a share of taxes, insurance, maintenance and interest
after May 20th. The purchase price was appropriated in the 1987 Capital
Improvement budget for Spring Creek and funds are available.
tive Summar
This area is considered to have a high hazard to the health and safety of
the property owners if a major storm should occur. The purchase of the old
Kentucky fried Chicken site is the initial step toward the resolution of
the flood problems in the Spring Creek/College area. The Spring Creek
basin master plan, which was approved by City Council in 1982, recommends a
grass -lined channel from College Avenue to the Burlington Northern Railroad
(BNRR). The proposed improvements would remove the existing properties
from the 100 year flood plain. The alignment and timing of the channel are
being finalized, with the final recommended alignment to be presented to
Council at a worksession in July.
A71 alternatives impact this parcel due to its location adjacent :to the '
crossing of Spring Creek at College Avenue. Staff recommends the purchase
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July 7, 1987
of this property because the price is within the appraised value and the
property owners are willing sellers. The purchase price is based on
$69,000 for the existing building and improvements ($34.23/sq. ft.) and
$146,000 for the land. This includes 19,442 sq. ft. of frontage property
and 17,248 sq. ft. of back lot property with an access easement. The
average purchase price of the land is $3.98/sq. ft."
Councilmember Stoner made a motion, seconded by Councilmember Maxey, to
adopt Resolution 87-86.
Right -of -Way Agent Ron Mills explained the appraisal of the property and
how the purchase price was arrived at.
Stormwater Utility Manager Bob Smith responded to questions from Council
about the Spring Creek Master Plan and purchase of this site.
Director of Utility Services Rich Shannon answered questions about the
impact on mobile homes in the area.
Councilmember Kirkpatrick stated she would like an update on the storm
drainage improvement plans for the near future.
Councilmember Horak expressed concerns about the _price of the property.
The vote on Councilmember Stoner's motion to adopt Resolution 87-86 was as
follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner,
' and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
Resolution 87-92 Recognizing Fort Collins as
an Urban Wildlife Sanctuary Adopted as Amended
Following is staff's memorandum on this item:
"Executive Summary
The Resolutiori's_purpose is to formally recognize Fort Collins as a place
where urban wildTife is considered important to quality of life and as a
municipality which seeks to protect urban wildlife habitat through the
development review process and through the Fort Collins Backyard Wildlife
Habitat Program. The resolution is part of the process of seeking sanctuary
certification through the National Institute For Urban Wildlife. It
creates no new .eolicies or ernrPccAc huf M91-hAM 77., _ _. ___ •L-
Background
Quality of life is a unique factor making Fort Collins a very desirable
' place to live. The various species of wildlife living in and migrating
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July 7, 1987
through Fort Collins, and their habitat, are an integral part of that
quality of life. This is recognized by the Fort Collins Land Use Policies
Plan inclusion of wildlife habitat among the valuable lands to be
protected, and by the City's Natural Resources Division's development of a
wetlands/uplands (wildlife habitat) protection ordinance. Further
recognition of the value of urban wildlife habitat to the citizens of Fort
Collins is that over 250 residents have expressed interest in the Fort
Collins Backyard Wildlife Habitat Program.
To properly recognize the residents of Fort Collins for their appreciation
of the value of urban wildlife and their efforts to provide for the needs
of urban wildlife, the Natural Resources Division of the City of Fort
Collins is seeking certification, through the National Institute for Urban
Wildlife, of Fort Collins as an urban wildlife sanctuary. In addition to
requiring information about the habitat available for urban wildlife in
Fort Collins, the Institute requires formal recognition, by the governing
body, of the protection of urban wildlife.
The City of Fort Collins will benefit in two major ways:
(1) Fort Collins will be included in a nationally distributed
publication identifying municipalities and institutions which
support and encourage wildlife protection. This publication will
be available to businesses and individuals investigating areas to
which they might want to relocate.
(2) Fort Collins' own program for certification of individual habitat
sites would gain an important aspect of credibility, with
nationwide recognition of Fort Collins, as a whole, as a
certified urban wildlife habitat.
This resolution is based on programs and policies already in place and
those in the planning stages. No new programs or policies are being
proposed.
This Resolution has no direct financial impact."
Councilmember Horak made a motion, seconded by Councilmember Stoner, to
adopt Resoluti4n=87-92.
Councilmember Mabry stated he supported the Resolution as it relates to
supporting existing policies and programs. He expressed concern about the
language "supporting existing and planned policies and programs". He
stated he could not give support to planned policies and programs because
he did not know what those were. He offered an amendment to the motion
that would amend Section 3 of Resolution 87-92 to strike the words "and
planned" after the word "existing".
Councilmembers Horak and Stoner accepted Councilmember Mabry's amendment as
a friendly amendment to their original motion.
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July 7, 1987
The vote on Councilmember Horak's motion to adopt Resolution 87-92 as
amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 95, 1987, Authorizing the
Issuance of City of Fort Collins Downtown
Development Authority Tax Increment Revenue
Refunding and Improvement Bonds, Tabled on
— Second Reading until July 21 1987
Following is staff's memorandum on this item:
"This ordinance, which was adopted 5-1 on First Reading on June 2,
implements the refunding of DDA Tax Increment Bonds originally issued in
1984, and refunded in 1985. It also includes additional bonds in the
amount of $3.3 million to be used by the DDA to promote future projects.
Bonds will be issued when market conditions are such that a savings of
$250,000 will be effected.
This ordinance will be tabled until July 21 or until the sale of the bonds
has been completed by Boettcher and Company. At that time, the amount of
the issue and interest rate will be final and will be.inserted in the bond
ordinance. It is anticipated that the ordinance will be ready for second
reading within the next month."
Councilmember Mabry stated he would withdraw from consideration and vote on
this item due to a perceived conflict of interest.
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to
table Ordinance No. 95, 1987 to July 21. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Resolution 87-94 Making Appointments
to the Cultural Resources Board and
the Water Board, Tabled Until July 21
Following is staff's memorandum on this item:
"A vacancy currently exists on the Cultural Resources Board due to the
resignation of Judith Grillo. A vacancy also exists on the Water Board due
to the resignation of Stanley, Ponce. The Council liaisons have reviewed
the applications on file and will announce their recommendations at the
July 7 meeting.
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July 7, 1987
In keeping with Council's policy, this Resolution will be tabled until July
21 to allow for public input."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Resolution 87-94 inserting the names of William Kneeland (Cultural
Resources Board) and Josephine Boyd (Water Board).
Councilmember Stoner made a motion, seconded by Councilmember Horak, to
table Resolution 87-94 to July 21. Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 87-95 Making Appointments to the
Building Review Board, Tabled Until July 21
Following is staff's memorandum on this item:
"City Council has dissolved the Building Board of Appeals and the Building
Contractor Licensing Board. The new board will consist of seven members
and two alternates. Some of the existing members will remain on the newly =
created board. The alternates will be scheduled for recommendations on
July 21, allowing Council time to interview the pool of applicants.
In keeping with Council's policy, recommendations for the seven regular
members will be announced at the July 7 meeting and tabled until July 21 to
allow time for public input."
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Resolution 87-95 inserting the following names:
William McCaffrey
Larry Trampe
Raju Jairam
Chris Allison
Richard Conard
Ronald Baker
Denn3 s= Si nnett
July
1,
1988
July
1,
1988
July
1,
1989
July
1,
1989
_July,
1,
1990
July
1,
1900
July
1,
1991
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to table Resolution 87-95 to July 21. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
M
I
July 7, 1987
1
Resolution 87-96 Assigning a
Councilmember as Liaison Representative
to the Building Review Boards Adopted
Following is staff's memorandum on this item:
"City Council has adopted an ordinance creating a new Building Review Board
and needs to appoint a liaison representative to the board.
This appointment will remain until such time as the Council makes a new
assignment."
Councilmember Winokur made a motion, seconded by Councilmember Stoner, to
adopt Resolution 87-96.
Councilmember Maxey nominated Councilmember Mabry to serve as the liaison
representative to the Building Review Board.
The vote on Councilmember Winokur's motion to adopt Resolution 87-96
inserting the name of Councilmember Mabry was as follows: Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur.
Nays: Councilmember Mabry.
THE MOTION CARRIED.
' Motion to Accept the Comprehensive
Annual Financial Report for the
City of Fort Collins for the Year
Ended December 31 1986 Report Accepted
Following is staff's memorandum on this item:
"In accordance with the City Charter, the City's auditors Peat Marwick Main
3 Co. have completed their audit of the funds and account groups of the
City for the year ended December 31, 1986. In connection with the audit,
the Accounting Division of the Finance Department has prepared the City's
1986 Comprehensive Annual Financial Report which reflects the financial
position and rdsui,ts of operations of the City's funds.
The City received an "unqualified opinion" from the auditors on its 1986
financial statements. This signifies that the financial statements present
fairly the financial position and results of operations of the City's funds
and account groups in accordance with generally accepted accounting
principles."
Finance Director Alan Krcmarik introduced Controller Dave Agee and Tom
Norris and Jeff Walla from Peat Marwick Main and Company.
Controller Dave Agee summarized the contents of the Comprehensive Annual
Financial Report and the requirements for 'the annual audit.
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July 7, 1987
Tom Norris, a partner with Peat Marwick, spoke about the audit opinion and '
the process used in completing the audit.
Dave Agee and Mr. Norris responded to questions from Council.
Councilmember Kirkpatrick thanked staff and the audit firm for their work
on the Comprehensive Annual Financial Report.
Councilmember Stoner made a motion, seconded by Councilmember Mabry, to
accept the 1986 Comprehensive Annual Financial Report. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Citizen Participation
A. Proclamation Naming the month of July as National Recreation and Parks
Month was accepted by Karen Schubert, vice-president of the Parks and
Recreation Board.
B. Proclamation Naming July 18 as the Human Race Day was accepted by Chip
Grant.
C. Presentation of Plaques to retiring Boards and Commissions members with '
at least 8 years of service.
Mayor Estrada presented plaques to the following persons in recognition
of eight or more years of service to the City's boards and commissions:
Jeannie Aronson, Personnel Board
Barbara Cain, Cultural Resources Board
Mike Griffith, Cultural Resources Board
Don Botteron, Retirement Committee
Staff Reports
City Manager Burkett thanked Jody McAfee, Assistant to the City Manager,
and many other staff members for their planning and implementation of the
Fourth of July celebration in City Park.
Councilmember Reports
Councilmember Horak spoke of the item adopted on Consent dealing with
rental rates at EPIC. He pointed out that only a small percentage of the
rates for ice rental were changed.
Councilmember Maxey stated the 208 Water Quality Program has.been finalized '
by the Study Committee and that the final draft of the bylaws has:been sent
July 7, 1987
' to all municipalities and other governmental agencies involved for their
approval.
Councilmember Stoner reported on a seniors dance he attended.
Councilmember Mabry reported on the appointment of the new PRPA General
Manager, Thaine Michie.
Mayor Estrada reported on the Grand Opening of the Convention and Visitors
Bureau. He also thanked members of staff for their work on the Fourth of
July celebration.
Items Related to the City's
Fiscal Year 1987-88 Community
Develooment Block Grant Program
Following is staff's memorandum on this item:
"Executive Summary
A. Public Hearing and Resolution 87-97 Adopting Fiscal Year 1987-88
Community Development Block Grant Programs and Projects.
B. Second Reading of Ordinance No. 94, 1987, Appropriating Unanticipated
Revenue and Authorizing the Transfer of Appropriations Between Projects
' in the Community Development Block Fund.
On June 2, Council adopted by a vote of 6-0 Resolution 87-82, as amended,
which established the individual programs and projects to be funded with
Community Development Block Grant funds from the Department of Housing and
Urban Development for the FY 1987-88 Program year which begins on October
1, 1987. At the June 2 meeting, Council directed the CDBG Citizens
Steering Committee to provide a recommendation on the allocation of 15% of
$50,000 (or $7,500) of anticipated program income to a project(s) in the
Public Services category. A new Resolution repealing and replacing
Resolution 87-82 is proposed for adoption which includes Council's previous
actions and the Committee's recommendation for expenditure of the
anticipated pr9gram income. .
On June 2, Council by a vote of 6-0 adopted on First Reading Ordinance 94,
1987, appropriating $685,000 from the City's FY 1986-87 Entitlement Grant,
$99,614 from Reprogrammed CDBG Funds, and $50,000 of anticipated program
income.
Funding Recommendations:
HUD CDBG regulations limit the amount of available funds which can be
allocated to various generic categories. Funds for Planning and
' Administrative purposes are limited to 20% of the Entitlement Grant, and
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July 7, 1987
funds for Public Services are limited to 15% of the Entitlement Grant. The '
Steering Committee, thus, not only had to decide which applicants presented
programs and projects which best fit into the City's CDBG Program, but also
had to insure funding allocations were kept within HUD regulations.
The CDBG Citizens Steering Committee conducted a special meeting on June
18, at the request of the City Council, to allocate $7,500 of anticipated
program income to a Public Service agency program. A separate memorandum
to the Council from the Committee justifying their recommendation for
funding CHOICE is attached. Members of the Committee will also attend the
July 7 Council meeting to address any questions about the recommendation.
The attached Resolution includes Council's previous actions and the
Committee's recommendation for $7,500 to CHOICE for the Shared Housing
program."
Councilmember Stoner stated he and Mayor Estrada had been approached by
Councilmember Winokur about his possible conflict of interest. He stated
because the Interfaith Council had withdrawn their application for funds
Councilmember Winokur felt his conflict of interest had been dissolved.
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 87-97.
Bobbie Guye and Lou Stitzel, members of the CDBG Steering Committee,
responded to questions from Council about their recommendation that $7,500
be allocated to CHOICE for the Shared Housing program. ,
Chief Planner Ken Waido addressed questions about land acquisition costs
for a facility for the homeless.
Nancy McCambridge, Director of CHOICE, stated the $7,500 would be used to
fund one half-time counselor. She answered questions from Council about
the services provided by CHOICE.
Diane Risheill, member of the CDBG Steering Committee, spoke of how the
Committee arrived at their recommendation to fund CHOICE.
Margaret Rogersi;609 East Prospect Road, suggested CDBG funds be used to
develop a model, cooperative mobile home park.
Councilmember Winokur stated he could not deny the merits of the CHOICE
program, but stated the question is what are the urgent community needs
within the limited resources available. He stated he believed the needs of
the homeless affect the community in many ways. He spoke in favor of the
services provided by Catholic Community Services Northern and stated he
would be proposing an amendment to the Resolution.
Councilmember Winokur made a motion, seconded by Councilmember Stoner, to
amend Resolution 87-97 to increase the amount allocated to Catholic
-Community Services Northern to support the Hostel and the Hope Job Bank
from $7,819 to $15,319 and to delete the allocation to CHOICE. '
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July 7, 1987
' Councilmember Kirkpatrick stated she would not support the amendment. She
stated it was difficult to compare people on the street versus elderly
residents of the community. She stated the CHOICE program offers the kind
of counselling for a sector of the population that is growing and stated
she supported the recommendation of the CDBG Steering Committee.
Lou Stitzel suggested a Council -formed committee could explore the use of
Revenue Sharing funds to address the issue of homelessness in Fort Collins.
Nancy McCambridge thanked the Committee and Council for their efforts. She
recognized the difficult position caused by a shortage of funds to meet the
needs of the community.
Councilmember Mabry stated he found nothing unreasonable or unfair in the
Steering Committee's recommendations. He stated he believe there was
simply a difference in opinion about what should be funded. He stated the
Committee was empowered to spend many hours reviewing applications,
listening to presentations, and arriving at a decision. He stated he
believed the Committee made an informed decision and he would not vote in
favor the amendment.
Mayor Estrada spoke of the difficulty in making decisions about the
allocation of funds. He agreed with Councilmember Mabry's assessment about
the difference in opinion. He stated although he believed Ms. McCambridge
does a fine job with the CHOICE program, primary needs must be sorted from
the life enhancement needs. He stated he hoped the Council would make
homelessness a priority and that he would support the amendment because
homelessness is a priority for him.
The vote on Councilmember Winokur's motion to amend Resolution 87-97 was as
follows: Yeas: Councilmembers Estrada, Stoner, and Winokur. Nays::`,
Councilmembers Horak, Kirkpatrick, Mabry, and Maxey.
THE MOTION FAILED.
Councilmember Horak stated he felt both programs were a community
responsibility. He stated he did not feel the CHOICE program has less
chance of receYvfag community support. He stated he supported contributing
to the Hostel Center, but believes it will receive more community support.
Mayor Estrada stated he believed the CHOICE program was a very deserving
program. He directed the CDBG Steering Committee to look strongly at the
homelessness situation in next year's deliberations.
The vote on Councilmember Maxey's motion to adopt Resolution 87-97 was as
follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None:
THE MOTION CARRIED.
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July 7, 1987
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to '
adopt Ordinance No. 94, 1987 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Other Business
Councilmember Horak noted Council would be discussing local street funding
for 1986 at the July 14 worksession. He suggested this meeting be
adjourned to July 14 for the purpose of adopting an emergency ordinance
should the Council agree on a funding mechanism. He stated he felt it was
important to start construction before CSU students return and before other
schools are back in session.
AdJournment
Councilmember Horak made a motion, seconded by Councilmember Winokur, to
adjourn the meeting to July 14 at 5:00 p.m. Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
The meeting adjourned at 9:25 p.
f
T7EST:
City Clerk
m.Ma
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