HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/01/2001 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
May 1, 2001
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming May 1, 2001 as "Colorado ALS Awareness Day".
B. Proclamation Proclaiming May 3, 2001 as "National Day of Prayer".
C. Proclamation Proclaiming May 7, 2001 as "Celebrating Small Business Day".
D. Proclamation Proclaiming May 4-6, 2001 as "The Cinco De Mayo Celebration".
E. Proclamation Proclaiming the Week of May 5-12, 2001 as 'National Safe Kids Week".
F. Proclamation Proclaiming the Week of May 6-12, 2001 as "Tourism Week".
G. Proclamation Proclaiming the Month of May as 'Preservation Month".
H. Proclamation Proclaiming the Month of May as "Mental Health Month".
Regular Meeting
6:00 p.m.
PRESENTATION OF COLORS BY CUB SCOUT PACK#197
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 23. 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 to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item#34, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 53, 2001, Appropriating Prior Year Reserves in the
General Fund for Police Seizure Activity.
State statutes specify that the proceeds from seizures are to be used for law enforcement
purposes, and require that the governing body(City Council) of the seizing agency (Police
Services)appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds to the general fund of the State of Colorado. This Ordinance, which was
unanimously adopted on First Reading on April 17, 2001, appropriates prior year reserves
for police seizure activity.
8. Second Reading of Ordinance No. 54, 2001, Appropriating Proceeds from the Issuance of
City of Fort Collins. Colorado, Stormwater Utility Enterprise Storm Drainage Revenue
Bond, Series 2001, Dated May 1. 2001. in the Aggregate Principal Amount of$9 845 000
On April 17, 2001, the Board of the Stormwater Utility Enterprise authorized the issuance
of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue
Bond, Series 2001, Dated May 1, 2001, in the Aggregate Principal Amount $9,845,000.
Authorizing the issuance of the bond and appropriating the proceeds are both necessary to
complete the bond transaction.
Proceeds of $3,200,000 from the issuance of the Bond were appropriated in the Storm
Drainage Fund by the City Council as part of the 2001 annual appropriation ordinance. This
Ordinance,which was unanimously adopted on First Reading on April 17,2001,appropriates
the remainder of the proceeds. This Ordinance is being amended on Second Reading to
reflect the actual principal amount and the premium on the bond.
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9. Second Reading of Ordinance No. 55, 2001 Ap1ropriating Unanticipated Revenue in the
Storm Drainage Fund Old Town Basin Project.
The Locust Street Outfall was oversized to include storm drainage for Colorado State
University. Colorado State University has reimbursed the City$211,000 for its share of the
project cost. An appropriation of this amount is needed in order to make the Old Town Basin
Project whole. This Ordinance,which was unanimously adopted on First Reading on April
17,2001,appropriates the amount received as unanticipated revenue for the Storm Drainage
Fund Old Town Basin Project.
10. Second Reading of Ordinance No. 56, 2001,Authorizing the Long-Term Lease of Property
at the Fort Collins-Loveland Municipal Airport to Cole Smith. dba Signal Construction for
the Construction. of Aircraft Hangars.
The Airport Manager has negotiated a lease of property with Cole Smith, dba Signal
Construction,for the construction of aircraft hangars. Cole Smith will construct two hangars
that will provide at least 19,816 square feet of aircraft storage space. At the expiration of the
lease, the improvements revert to the ownership of the Airport.
The construction of the hangars will generate new revenue for the Airport and help meet the
aircraft storage needs of local aircraft owners. This Ordinance was unanimously adopted on
First Reading on April 17, 2001.
11. Second Reading of Ordinance No. 59,2001,Rescinding the Designation of the Gill/Nelson
Garage, 5529 South Timberline Road, as a Landmark Pursuant to Chapter 14 of the City
Code.
On October 3, 2000, the City Council adopted Ordinance No. 130, 2000, designating the
Gill/Nelson Farm as a landmark. The farm is comprised of a house, a milkhouse, and a
garage. The owners of the property,Jeff Nowak and Rayno and Patty Seaser,have initiated
this request for the rescission of the garage's landmark designation. Due to an existing
access easement,the Gill/Nelson Garage must be moved from its current location. As there
is no other location on the farm site where the garage could be placed that would not have
a significant detrimental effect on the integrity of the remaining historic structures, the
Landmark Preservation Commission has determined that the best course of action is the
demolition of the garage. Ordinance No. 59, 2001, was unanimously adopted on First
Reading on April 17, 2001.
12. Second Reading of Ordinance No. 60, 2001, Authorizing the Issuance of Variable Rate
Economic Development Revenue Refunding Bonds for the Comridge Project
In 1984,the City of Fort Collins issued$3.5 million of industrial revenue development bonds
for the Comridge Partnership Project. The project consisted of a 50,000 square-foot office
and light manufacturing building. The project has been the home of Comlinear Corporation,
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a maker of high-tech electronic equipment. Under the laws and regulations that govern
private activity bonds, they may be refinanced by the issuer to achieve interest payment
savings. This Ordinance, which was unanimously adopted on First Reading on April 17,
2001,authorizes the refinancing of$2.7 million of outstanding bonds by issuing variable rate
bonds.
13. Items Relating to the Staley First Annexation.
A. Second Reading of Ordinance No.77,2001,Annexing Property Known as the Staley
First Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 78, 2001,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Staley First Annexation.
On April 17,2001,Council unanimously adopted Resolution 2001-58 Setting Forth Findings
of Fact and Determinations Regarding the Staley First Annexation.
Also on April 17, 2001, Council unanimously adopted on First Reading Ordinance No. 77,
2001 annexing the Staley First Annexation and Ordinance No. 78, 2001 zoning the Staley
First Annexation. This is a request for a 100% voluntary annexation. The site is
approximately 24.5 acres of property owned by the City of Fort Collins and the Poudre
School District. It is located south of Kechter Road (County Road 36), north of the Fossil
Creek Reservoir, east of Ziegler Road (County Road 9), and west of Strauss Cabin Road
(County Road 7). The recommended zoning is Low Density Mixed Use Neighborhood
(LMN).
14. Second Reading of Ordinance No. 79, 2001, Authorizing Amendments to the
Intergovernmental Agreements Between the City and Poudre School District and Thompson
Valley School District Pertaining to the Land Dedication and In-Lieu Fee Requirements
Contained in Such Agreements.
In April, 1998, the City of Fort Collins and Thompson and Poudre School Districts entered
into Intergovernmental Agreements regarding land dedication for new developments,
including a provision for fees in lieu of land dedication. This system of land dedication and
fees-in-lieu of dedication has been in place for 2.5 years, and is now in need of review. The
school districts have asked that the amount of the fees be increased to reflect both the
increasing cost of land and revised school site standards. This Ordinance was unanimously
adopted on First Reading on April 17, 2001.
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15. First Reading of Ordinance No. 80, 2001. Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor
Activities and for Cultural Development and Programming Activities
This Ordinance appropriates 2000 lodging tax receipts dedicated to the Convention and
Visitors Bureau, Cultural Development and Programming (CDP), Visitor Events, and
Tourism Capital. In addition, it appropriates unexpended 2000 appropriations for CDP,
Visitor Events, and Tourism Capital and unanticipated revenue received in 2001 for Visitor
Events.
16. First Reading of Ordinance No. 81, 2001, Authorizing the Issuance of Variable Rate
Economic Development Revenue Bonds for the Residence at Oakridge Project
On February 15, 2000, Council adopted Resolution 2000-32 indicating its willingness to
issue tax-exempt private activity bonds for the Residence at Oakridge Project. On February
6,2001,Council adopted Resolution 2001-18 extending the time for the Project to complete
the financing. The financing team has completed the negotiations required to issue the
bonds. The project is a multi-family assisted-living project for low-income frail elderly
individuals. The project is located along McMurry Drive in the Oakridge Business Park.
National Healthcare Associates, the Project proponent, estimates the cost of the project to
be $4.5 million with $3,555,000 economic development bonds (a form of private activity
bonds). The project will contain 44 living units with a total of 58 beds. Of the total, 50%
will be reserved for persons whose incomes do not exceed 60% of the Area Median Income.
This qualifies the Project as a low-income rental project. The remaining units will be leased
at market rates.
17. Items Relating to Conveyance of Various Easements Relating to the Provincetowne P.U.D.,
Second Filing.
A. First Reading of Ordinance No. 82, 2001, Authorizing the Conveyance of Non-
exclusive Easement Interests for the Construction of Storm Drainage Improvements
for Provincetowne P.U.D. Second Filing on a Portion of the City's Provincetowne
Property Planned as Future Natural Area Property.
B. First Reading of Ordinance No. 83, 2001, Authorizing the Conveyance of Non-
exclusive Easement Interests for the Construction of Storm Drainage Improvements
and a Sixteen-Inch Water Line in Connection with Provincetowne P.U.D. Second
Filing on a Portion of the City's Provincetowne Property.
The City of Fort Collins became the owner of approximately 341 acres of property located
south of Trilby Road, west of Lemay Avenue,north of Carpenter Road, and east of College
Avenue after the property was sold at tax sale in 1990 (the "Provincetowne Property").
Pursuant to Ordinance No. 41, 1996, the City entered into an agreement to convey
approximately 181 acres of the Provincetowne Property to Pridemark Homes (the
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"Development Property"). Pridemark has since been purchased by KB HOME
COLORADO, Inc. ("KB HOME"), and various addenda to the original contract have been
executed. The southern 160 acres of the Provincetowne Property, which includes Benson
Reservoir,is planned to become part of the City's Natural Areas program for use as a natural
area,after an appropriate compensation amount for the property is determined and a transfer
of appropriations for that purpose authorized. In connection with the planning and
development of Provincetowne P.U.D.,Second Filing,on the Development Property,certain
drainage and water line easements have been identified. The proposed drainage easements
will allow the construction of two drainage swales, a new storm sewer line, and a detention
pond on the future natural area to connect to existing culverts under Lemay Avenue which
ultimately drain to Stanton Creek. The proposed water line easement is intended to allow
the construction of a 16-inch water line to connect to an existing Fort Collins-Loveland
Water District water line in College Avenue. The water line will provide water service for
a portion of the development.
18. First Reading of Ordinance No. 84, 2001, Authorizing the Conveyance of a Temporary
Construction Easement for the Construction of Road Improvements Relating to the Widening
of South Shields Street Adjacent to the Colina Mariposa Natural Area
The City of Fort Collins owns the Colina Mariposa Natural Area on the southeast corner of
Shields Street and Trilby Road as part of the City's Natural Areas program. The County is
proposing to widen a portion of Shields Street adjacent to Colina Mariposa(which is still in
the County) in coordination with road widening work that is being done by the Registry
Ridge development. The road improvements involve widening the existing narrow two-lane
road to provide bike lanes. This is the last "bottleneck" of narrow road on Shields Street
between Fort Collins and Loveland. The widening should provide enhanced safety and
comfort for bicyclists and motorists.
19. First Reading of Ordinance No. 85, 2001, Authorizing the Lease of a Portion of Running
Deer Natural Area to Hageman Earth Cycle, Inc.
This Ordinance authorizes the City Manager to enter into a lease agreement with Hageman
Earth Cycle,Inc.for up to 5 years on approximately 16-acres of land owned by the City. The
lease agreement allows Hageman to continue operations of the landscape materials and
composting business that has been in operation on the site for approximately 10 years. This
arrangement is consistent with established practice in the Natural Areas Program to work
with existing tenants on lands purchased by the City to facilitate a smooth transition to
another location.
20. Hearing and First Readinf of Ordinance No.86,2001,Amending the Zoning Map of the City
of Fort Collins By Changing the Zoning Classification for that Certain Property Known as
the Sights PUD Rezoning_
This is a request to rezone 1.02 acres located on the east side of Timberline Road between
Bighorn Road and Caribou Drive, and west of Stoney Creek Drive. The site is currently
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divided into two lots and a tract.Lot 6 is the existing Countryside Animal Hospital,Lot 7 is
vacant, and Tract A is a City-owned storm drainage channel. The requested zoning for this
property is LMN -Low Density Mixed-Use Neighborhood. The surrounding properties are
zoned LMN - Low Density Mixed-Use Neighborhood (to the south), RL — Low Density
Residential (to the east), and E - Employment (to the north and west).
APPLICANT: Lockwood Architects, Inc.
c/o Dana Lockwood
420 South Howes Street, Suite 10113
Fort Collins, Colorado 80521
OWNER: Speights Investments, LLC
601 St. Michaels Drive
Fort Collins, Colorado 80525
21. Resolution 2001-66 Adopting Procedures for the Disbursement of Funds in the City'sHome
Buyer Assistance Program.
In May of 1994,the City of Fort Collins received designation as a Participating Jurisdiction
in the Housing and Urban Development's(HUD)HOME Program. The intent of the HOME
Program is to expand the supply of decent, safe, sanitary, affordable housing in the
community,to strengthen the ability of local government to provide housing and to expand
the capacity of nonprofit community-based housing development organizations to provide
affordable housing. On July 18, 1995, City Council approved Resolution 95-96 which
adopted processes/procedures to implement the HOME program. These included the
requirement that assistance for down payment and closing costs (known as the City of Fort
Collins Home Buyer Assistance Program) not exceed $5,000 per household. It is the
recommendation of both the Affordable Housing Board and the CDBG Commission that the
Resolution be amended to allow loan amounts to be increased to a maximum of 4.5%of the
local FHA limit per household for those households which have incomes below 80% of the
Area Median Income(AMI)and a maximum of 9%of the local FHA limit per household for
those at or below 50%AMI with the amount adjusted as the local FHA limit is adjusted.For
example,at the current FHA limit of$175,750,these amounts would be raised to$8,000 and
$16,000 respectively.
The HOME Program was authorized by the National Affordable Housing Act of 1990 to
provide funds for a variety of housing-related activities which would increase the supply of
decent, safe, sanitary and affordable housing. Council approved the City's participation in
the HOME Program in March of 1994 and on May 26, 1994, HUD notified the City of the
official awarding of a HOME Investment Partnership Program grant. Designation as a
Participating Jurisdiction in the HOME Program is similar to being an entitlement
community in the CDBG Program; that is,the City will continue to receive an allocation of
HOME funds in future years provided Congress re-authorizes and funds the program.
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22. Resolution 2001-67 Increasing the City's Representation on the City of Fort
Collins/Colorado State University Liaison Committee.
In December 1998, the City Council endorsed the establishment of a City of Fort
Collins/Colorado State University Liaison Committee,consisting of two Councilmembers;
the City Manager and such administrative staff of the City as the City Manager may deem
appropriate; the President of CSU; the President of ASCSU; the Vice-President for
Administrative Services; the Vice-President for University Advancement; and the Director
of Campus Housing and Food Services.
On April 17,2001,the Council adopted Resolution 2001-63 making board and commission
liaison assignments and various committee,board,and authority appointments. As a part of
that Resolution, the Council appointed Ray Martinez, Marty Tharp, and Bill Bertschy to
serve as representatives on the City/CSU Liaison Committee. Since the original Resolution
establishing the Committee provided for the appointment of two, rather than three,
Councilmembers,staff is recommending Council adopt a Resolution formally providing for
the appointment of up to three Councilmembers as representatives on the City/CSU Liaison
Committee and ratifying the appointments made on April 17.
23. Routine Easements.
A. Easement dedication from Poudre School District, for utility easements,located off
of Taft Hill Road and Vine Drive on Lancer Drive. Monetary consideration: $0.
Staff: Katie Moore.
B. Easement dedication from Kenneth T.and Lynn A.Miller,for a pedestrian easement,
located at 500 Crestmore Place. Monetary consideration: $10. Staff: Tracy Dyer.
C. Easement dedication from Hede Riffe, for a pedestrian easement, located at 1903
West Mulberry Street. Monetary consideration: $10. Staff: Tracy Dyer.
***END CONSENT***
24. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
25. Staff Reports.
26. Councilmember Reports.
Committees that have met since April 17 include:
Legislative Review Committee
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
27. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing Projects/Programs and
Community Development Activities: the City's Fiscal Year 2001-2002 Community
Development Block Grant(CDBG)and Home Investment Partnerships(HOME)Programs
A. Public Hearing and Resolution 2001-68 Approving the FY 2001-2002 Community
Development Block Grant Program for the City of Fort Collins.
B. Public Hearing and Resolution 2001-69 Approving the FY 2001-2002 Home
Investment Partnerships Program for the City of Fort Collins
C. First Reading of Ordinance No. 87,2001,Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
D. First Reading of Ordinance No. 88, 2001, Appropriating Unanticipated Revenue in
the Home Investment Partnerships Fund.
The Community Development Block Grant (CDBG) Program and the Home Investment
Partnerships(HOME)Program provide Federal funds from the Department of Housing and
Urban Development(HUD)to the City of Fort Collins which can be allocated to housing and
community development related programs and projects,thereby,reducing the demand on the
City's General Fund Budget to address such needs. The City Council is being asked to
consider the adoption of two resolutions relating to funding under the CDBG and HOME
Programs. The first resolution(Resolution 2001-68 establishes which programs and projects
will receive funding with CDBG funds for the FY 2001-2002 Program year,which starts on
October 1, 2001. The CDBG Commission presents a list of recommendations as to which
programs and projects should receive funding. The second resolution(Resolution 2001-69)
establishes only the major funding categories within the HOME Program for the FY 2001-
2002 Program year. Specific projects for the use of HOME funds will be determined in
November as a result of the fall funding cycle of the competitive process for the allocation
of the City's financial resources to affordable housing programs/projects and community
development activities.
28. Emergency Ordinance No. 89, 2001,Authorizing the Lease of City-Owned Property at 300
North Howes to Catholic Charities Northern and Exempting the City-Owned Propem from
Requirements of Woftd Use Code.
With the Vo f New Bridges,numerous homeless persons are lacking adequate services.
This s ion ejeopardizes the safety and welfare of this group and may increase the
occurrence of panhandling and loitering. Leasing the City-owned property at 300 North
Howes is a temporary solution until a more viable long-term solution can be found.
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Since the use and lease will only be temporary(up to 18 months),staff is proposing that City
Council exempt the City-owned property from improvements required under the Land Use
Code. The proposed use is permitted by the City's zoning code; however,the change in use
would require multiple improvements to be made to the property totaling roughly$47,150.
29. Hearing and First Reading of Ordinance No.90,2001,Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for That Certain Property Known as
the Poudre Development Parcel Rezoning.
This is a request to rezone the Poudre Development parcel from T, Transition, to C-C-R,
Community Commercial—Poudre River. The parcel is 21.7 acres in size and located on the
east side of the Poudre River bounded by Linden Street,Buckingham Street and First Street.
Buckingham Park forms the southeast border of the site. The parcel was zoned T,Transition,
upon the adoption of City Plan in March of 1997.
30. Hearing and First Reading of Ordinance No.91,2001,Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for that Certain Property Known as
the Ridgewood Hills RezoninE.
The area consists of approximately 14 acres and 50+ parcels of land. The area is located
south and adjacent to Trilby Road and includes properties fronting upon Yuma Court,Yuma
Place and "Yuma Court" extended (private street). The area currently contains a mix of
single family detached homes,duplexes,townhomes,a daycare center and one undeveloped
lot. This area was inadvertently zoned RL in March of 1997 when the City was
comprehensively rezoned. This is a staff initiated request that is viewed as needed to correct
an oversight.
Staff and the Planning and Zoning Board have recommended approval on the basis that the
request complies with the comprehensive plan (City Plan) and the City Structure Plan, an
element of the City's comprehensive plan. The most significant issue,from a neighborhood
perspective,has been the impacts of LMN zoning upon the future development of the vacant
tract of land in the southeast corner of Trilby Road and Avondale Road.
31. Hearing and First Reading of Ordinance No.92,2001 Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for that Certain Property Known as
the Timberline Lane Rezoning.
The parcel consists of approximately .75± acres located south and adjacent to Timberline
Lane, and west and adjacent to Timberline Road. The site contains one mobile home with
a detached garage.
Staff has recommended approval on the basis that the request generally complies with the
comprehensive plan (City Plan); the City Structure Plan, an element of the City's
comprehensive plan;and,the Harmony Corridor Plan. Consistency with the comprehensive
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plan is sufficient for approval of the request;however,the Planning and Zoning Board found
that the request does not meet all applicable criteria of Section 2.9.4 (H) of the Land Use
Code. The Board determined that the request is not warranted by changed conditions within
the neighborhood surrounding and including the subject property, and the proposed zone
change is not compatible with existing and proposed land uses.
32. Second Reading of Ordinance No. 57, 2001, Authorizing the Conveyance of an Easement
to Wyoming Interstate Company for Construction of a 36-inch Gas Pipeline.
Wyoming Interstate Company proposes to build a new gas pipeline from Douglas,Wyoming
to a station south of Cheyenne, Wyoming as part of the Medicine Bow lateral to increase
transportation capacity of its current system in Colorado and Wyoming. A portion of this
proposed pipeline crosses City-owned Meadow Springs Ranch. This easement will parallel
an existing easement granted by the City in May 1999. This project has been determined to
be "in the public interest" and has been approved by the Federal Energy Regulatory
Commission. The Company's offer is consistent with those made to adjacent landowners.
An environmental assessment has been done for the proposed route. Ordinance No. 57,
2001, was adopted 6-1 on First Reading on April 17, 2001.
33. Second Reading of Ordinance No. 58, 2001,Authorizing the Conveyance of an Easement
to the Platte River Power Authority for Construction of a 24-inch Gas Pipeline
Platte River Power Authority proposes to build a new gas pipeline from Rockport,Wyoming
to the Rawhide Energy Station to provide fuel for three new gas fired combustion turbines
at the station. A portion of this proposed pipeline crosses City-owned Meadow Springs
Ranch. The proposed easement will encompass approximately 54 acres. Platte River's offer
is consistent with those made to adjacent landowners.An environmental assessment has been
done for the proposed route. This Ordinance was adopted by a vote of 6-1,on First Reading
on April 17, 2001.
34. Pulled Consent Items.
35. Other Business.
36. Adjournment.
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