HomeMy WebLinkAboutMINUTES-04/19/2011-RegularApril 19, 2011
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, April 19, 2011,
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: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and
Weikunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Steve Yurash, 4821 Yellowstone Circle, encouraged increasing campaign contribution limits to $250
per individual.
Dr. Terry Podmore, 733 Gilgalad Way, opposed development south of the Windtrail on Spring
Creek neighborhood due to possible interference with groundwater levels and asked what party
would be liable should flooding result from such a development.
Bev Thurber, 3700 Mariner Lane, Early Childhood Council, encouraged access to quality childcare
for all community members.
Linda Fellion, 512 Villanova Court, Early Childhood Council Assistant Director, encouraged access
to quality childcare for all community members.
Catherine Douras, 812 City Park Avenue, Fort Collins Women's Commission Chairperson,
announced April is Sexual Assault Awareness Month and encouraged Council to consider
community safety issues regarding the topic.
Steve Shoemaker, 1900 Corriedale Drive, supported on -bill financing for City Utilities.
Fred Kirsch, 604 Colorado Street, Community for Sustainable Energy, supported on -bill financing
for City Utilities.
Chantel Havre, 1705 Remington Street, Community for Sustainable Energy, supported on -bill
financing for City Utilities.
Grant Morgan, 2519 North Overland Trail, Laporte, expressed concern regarding pedestrian safety
at the College and Mountain intersection and encouraged a pedestrian -only crossing light.
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April 19, 2011
Debbie Weingardt, 3951 Creek Drive, Broomfield, Bestway Insulation, supported on -bill financing
for City Utilities.
James Weingardt, 755 Kalmia Way, Broomfield, Bestway Insulation, supported on -bill financing
for City Utilities.
Phil Friedman, 201 South Grant, Fort Collins Sustainability Group, supported on -bill financing for
City Utilities.
Kevin Cross, 300 Peterson Street, Fort Collins Sustainability Group, supported on -bill financing for
City Utilities.
Richard Thomas, 1901 Wallenberg, asked that the City establish a Legal Board to assist citizens.
Sarah Burnett, 714 Gilgalad Way, asked that the City seek a second legal opinion regarding ex parte
contacts.
Heather Stickler, 633 Gilgalad Way, expressed concern regarding the development review process,
specifically relating to a development south of the Windtrail on Spring Creek neighborhood.
Colleen Hoffman, 1804 Wallenberg, asked that the City establish a citizen assistance board dealing
with development issues.
Tom Griggs, 520 North Sherwood, congratulated the newly elected and re-elected Councilmembers.
He expressed concern regarding the ballot process and suggested reinstating the Election Board to
assist in optimizing voter participation.
Carrie Gillis, 2213 Timber Creek Drive, encouraged Councilmembers to treat .one another with
respect and to treat City staff members as professionals:;::.. , .:; c:.::.i.:• _ a, :. :;.: ;
Citizen Participation Follow-up
Councilmember Poppaw thanked the Early Childhood Council representatives and asked staff to
follow up on pedestrian issues at Mountain and College.
Councilmember Kottwitz encouraged Mr. Griggs to discuss his election concerns with City Clerk
Krajicek. She thanked the Early Childhood Council representatives and Ms. Gillis for her
comments.
Councilmember Horak requested information •:, regarding citizen communication with
Councilmembers.
Councilmember Troxell requested follow-up on the groundwater issues mentioned by Dr. Podmore.
He encouraged coordination of on -bill Utility financing with other issues and thanked Mr. Thomas
for his comments.
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Councilmember Poppaw asked City Attorney Roy to re -send a previous memo to Council regarding
ex parte contacts and quasi-judicial matters.
Agenda Review
City Manager Atteberry noted the City no longer has a capital expansion fee for the Library District
and stated he does not recall any type of waiver for fees for either the Library District or Poudre
School District.
City Manager Atteberry recommended moving Item No. 21, Resolution 2011-035 Making Findings
of Fact Regarding the Appeal of the Approval of the 431 East Laurel Street Project Development
Plan, Modification of Standards of Land Use Code Section 4.8(D)(1) (Minimum Lot Size) and Land
Use Code Section 3.22(K)(1)(a) (Duplex Parking), to the discussion agenda and recommended
postponing Items No. 28 and 30, Items Relating to the Greeley Bellvue Pipeline on City Property
and First Reading of Ordinance No. 055, 2011, Amending Section 25-71 and Section 25-74(b) of
the City Code to Exempt Manufacturing Equipment from the City Use Tax and Repealing Division
5, Article II of Chapter 25 Regarding the Manufacturing Equipment Use Tax Rebate.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the March 15, 2011 Regular Meetingand nd the
March 22, 2011 Adjourned Meeting,
7. Second Reading of Ordinance No. 038, 2011, Appropriating Prior Year Reserves in the
Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included
in the 2011 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on March 15, 2011, appropriates
prior year reserves in the Natural Areas Fund for the purpose of land conservation,
construction of public improvements, restoration of wildlife habitat and other natural areas
program needs to benefit the citizens of Fort Collins.
8. Second Reading of Ordinance No. 039, 2011, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the Mason Corridor Bus Rapid Transit Project, Phase IV.
Right-of-way acquisition continues for the Mason Express Bus Rapid Transit (BRT) Project.
This Ordinance, unanimously adopted on First Reading on March 15, 2011, pertains to the
next acquisition phase of the BRT Project and is comprised of seven separate properties
ready for the acquisition stage. The City Council authorization specified by this Ordinance
begins the first step of the City's acquisition process for the property interests within this
phase.
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9. Second Reading of Ordinance No. 040, 2011, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to be Used for the 2011 Fort Collins Bike Program.
The City of Fort Collins' FC Bikes Program was awarded Congestion Mitigation & Air
Quality grant funding from the North Front Range Metropolitan Planning Organization and
Colorado Department of Transportation for years 2010-2011. Ordinance No. 040, 2011,
unanimously adopted on First Reading on March 15, 2011, appropriates the $150,000 in
Federal Congestion Mitigation & Air Quality (CMAQ) funds awarded to the City for the FC
Bikes program for fiscal year (FY) 2011.
10. First Reading of Ordinance No. 041, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project.
The Lincoln Center Renovation project is funded primarily through the Building on Basics
capital, tax approved. by voters in 2005. Unanticipated grant arid=donation:ireveriue will be:
used to complete the full scope of the estimated. $8 million project. _ Approximately $5.5 -
million has been appropriated from the Building on Basics tax and $1.86 million from
unanticipated grant revenue and prior year reserves 'in the Cultural Services and General
Funds. This ordinance appropriates an additional $605,000 from unanticipated, grant and
donation revenue. Additional funds will be raised through fund-raising with the Building
on Basics dollars being leveraged to complete the full scope of the capital project.
11. First Reading of Ordinance No. 042, 2011, Appropriating Prior Year Reserves.
City Council authorized expenditures in 2010 for various purposes. The authorized
expenditures were not spent or could not be encumbered in 2010 because:
• there was not sufficient time to complete bidding in 2010 and therefore, there: was
no known vendor or binding contract:as required to expend;or, encumber the monies:..'za;
the project for which the dollars were originally appropriated by Council could not
be completed during 2010 and reappropriation of those dollars is necessary for
completion of the project in 2011.
to carry on programs, services, and facility improvements in 2011 with unspent
dollars previously appropriated in 2010.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2010 and reflect no change in Council policies.
12. First Reading of Ordinance No. 043, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Exterior Preservation and Reconstruction of the Avery Building.
This Ordinance appropriates unanticipated revenue in the amount of $430,270 for the
exterior preservation and reconstruction of the Avery Building at the intersection of College
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and Mountain Avenue. A grant provided by the Colorado Historical Society's State
Historical Fund in the amount of $215,135 will be matched by an equal amount of funds
from the property owner (Avery Building LLC).
13. First Reading of Ordinance No. 044, 2011, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Civic Center Parking Structure.
Parking reserves are accumulated in the Transportation Fund to perform major maintenance
and repair projects in the Civic Center Parking Structure. This Ordinance will appropriate
funds from those reserves for three projects: to complete an interior painting project that
was started in 2009; make repairs to the second level deck seal that forms the ceiling of
Civic Center Village; and purchase a piece of pressure washing equipment that will be used
to keep the parking structure clean.
14. First Reading of Ordinance No. 045, 201-1, Amendine-Section- 1740•of the City Code
Pertaining to the Offense of Trespass.
The recently executed Construction and Maintenance Agreement with the Burlington
Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for
Bus Rapid Transit (BRT) operations along the Mason Corridor, requires the enactment of
an ordinance specific to trespass on railroad property. This Ordinance provides law
enforcement the ability to self -initiate enforcement action. With the addition of BRT service
in the railroad right-of-way, the potential for unauthorized access by vehicles and pedestrians
poses a safety risk. It is in the City's best interest to minimize these safety risks by limiting
unlawful access to the railroad right-of-way, which also includes the BRT guideway and
specific areas on Mason Street between intersections from Laurel Street to Vine Drive. A
variety of physical barriers will be installed with the project to minimize unlawful access,
including signs and access control gates. Law enforcement presence and the issuing of
citations relafed:to-this *Ordinance will improve safety along the corridor. -
15. First Reading Ordinance No. 046, 2011, Amendina Ordinance No. 019, 1877 of the City of
Fort Collins Granting Right -of -Way to the Colorado Central Railroad Company.
The recently executed Construction and Maintenance Agreement with the Burlington
Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for
Bus Rapid Transit (BRT) operations along the Mason Corridor, requires an Amendment to
Ordinance No. 019, 1877. The original Ordinance permits the Colorado Central Railroad
Company (now BNSF) to build, construct, and operate a railroad in and through the town
of Fort Collins through and along Mason Street from Laurel Street to Vine Drive. This
Amendment defines the width of the right-of-way (currently undefined) at eighteen feet
between 180 feet north of Laurel Street and Vine Drive. The width of right -of- way is
reduced to fourteen feet between Laurel Street and 180 feet north of Laurel Street, to
accommodate a southbound left turn lane. The City will also periodically close the
southbound left turn lane between Laurel Street and 180 feet north of Laurel Street to
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vehicular traffic at City expense in order to allow BNSF to use mechanized equipment to
maintain the track in the future.
16. First Reading of Ordinance No. 047, 2011, Amending Sections 22-43 and 28-42 of the City
Code Relating to Paving and Maintenance of Streets. and Particularly as Affected by the
Mason Express Bus Rapid Transit Project.
The recently executed Construction and Maintenance Agreement with the Burlington
Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for
Bus`Rapid Transit (BRT) operations along the Mason Corridor, requires an Amendment to
City Code Sections 22-43 and 28-42. These City Code sections currently require railway
companies to pave and maintain that part of the street between the rails and two feet outside
each rail, as well as keep the rails on a level surface with the adjacent street. This
amendment modifies these Code Sections to allow the BNSF railroad to, at its expense,
maintain open ballast track protected by curb islands. from:.Laurel Street to Vine'Drive:-
Intersections in this length of Mason Street are excluded and will stay in •their -current
configuration to allow for turning traffic, where appropriate. Once the project is complete,
the track section confined by the islands will not carry automobile traffic. Therefore it will
not be necessary for pavement to be maintained between the rails, or for the rail elevation
to match the roadway elevation.
17. First Reading of Ordinance No. 048,2011,VacatingaPortion ofRight-of-Wayas Dedicated
on the Plat of South College Commercial Subdivision.
In 1977, the South College Commercial Subdivision, located south ofThunderbird Drive and
west of College Avenue, platted two tracts and public rights -of -way for South College
Avenue Frontage Road and McClelland Drive, adjacent to the parcel. The portion of the
Frontage Road requested for vacation is the grassy..area to the. west of the paved travel way of the Frontage Road and the sidewalk. - The adjacent property -owner is the party requesting JLsk:=;
the vacation.
18. First Reading of Ordinance No. 049, 2011, Vacating the Right -of -Way for Star Dust Lane
as Dedicated on the Plat of Willow Brook.
In 2001, the Willow Brook Plat, located between Rock Creek Drive to the north and Kechter
Road to the southeast of Lady Moon Drive and west of Northern Lights Drive, platted
several lots and public streets. Star Dust Lane was originally dedicated to provide access
to Parcels A and B, located southeast of Rock Creek Drive and Lady Moon Drive. To date,
neither Parcel A nor B have been developed. The property owner has requested that the Star
Dust right-of-way be vacated to allow the parcels to be replatted into 61 single family lots .
that will be served by three new internal streets taking access off of Galileo Drive.
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19. First Reading of Ordinance No. 050, 2011, Authorizing the Conveyance of Two Pedestrian
and Access Easements on City Right -of -Way Adjacent to 200 South College Avenue to 314
E. Mountain, LLC.
314 E. Mountain, LLC ("Owner") recently purchased the first floor of the condominium
building at 200 South College Avenue, located at the southeast corner of College Avenue
and Oak Street. The Owner is making some modifications to the first floor, some of which
are on the outside of the structure. Since the property line for this building is only about a
foot from the lot line, these structure modifications will be in the City right-of-way
(sidewalks of College and Oak). The Owner has requested two pedestrian and access
easements to allow the installation of stairs and ramps within the right-of-way on the north
side of the building (Oak Street).
20. Resolution 2011-034 Authorizing the Lease of City -Owned Property Located at 200 West
Mountain Avenue, Suite A, to Beet Street for Up to Two Years.
Beet Street is a non-profit arts and culture economic development organization formed by
the Fort Collins Downtown Development Authority (DDA) to help develop Fort Collins into
a nationally recognized arts and culture center and destination by distinguishing themselves
as an intellectually vital community that fosters, celebrates, and inspires human creativity.
Beet Street is in need of a larger office space and has approached the City to utilize
approximately 1,808 square feet of space located at 200 West Mountain Avenue, Suite A.
Beet Street plans to move into the Carnegie Building after the new Fort Collins
Museum/Discovery Science Center is built, subject to approval of a lease for that space by
the City Council.
21. Resolution 2011-035 Makina Findings of Fact Re ardin the he Appeal of the Approval of the
431 East Laurel Street Project Development Plan, Modification of Standards of Land Use
Code Section 4.8(D)(1) (Minimum Lot Size) and Land. Use Code Section 3.22(K)(1)(a)
(Duplex Parking,)
On March 1, 2011, an Amended Notice of Appeal was filed regarding the January 12, 2011
decision of the Hearing Officer to approve, with conditions, the 431 East Laurel Street
Replat and Project Development Plan.
On March 22, 2011, City Council voted 3 — 3 on the motion to overturn the decision of the
Hearing Officer. Because a majority vote was not achieved, the decision of the Hearing
Officer stands. In order to complete the record regarding this appeal, Council should adopt
a Resolution making findings of fact and finalizing its decision on the Appeal.
22. Resolution 2011-036 Making Appointments to Various Boards and Commissions.
This Resolution makes appointments to fill current vacancies on the Affordable Housing
Board, Air Quality Advisory Board, the Commission on Disability, the Land Conservation
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and Stewardship Board, the Landmark Preservation Commission, and the Senior Advisory
Board.
23. Routine Easements.
The Downtown Alley Improvement Project is a joint project with the City of Fort Collins
and the Downtown Development Authority ("DDA"). The alley being improved this year
is known as the West Myrtle Alley and is bound by College Avenue, Mason Street, Laurel
and Myrtle Streets. Construction is scheduled for this summer.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
T. Second Reading,of:.Ordinance No. 03.8;'2011•,-Appropriating:=Pri6r_-Year-Reserves iristhe
Natural Areas Fund for the Purpose of ProvidingNatural"Areas Programming Not+Included"
in the 2011 Adopted City Budget.
8. Second Reading of Ordinance No. 039, 2011, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related
to the Mason Corridor Bus Rapid Transit Project, Phase IV.
9. Second Reading of Ordinance No. 040, 2011, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to be Used for the 2011 Fort Collins Bike Program.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No.. 041, 201.1, Appropriating. -Unanticipated Revenue -in the
Capital Projects Eund:for.the-Building on•Basics Lincoln�Center:Renovation:Project.':
11. First Reading of Ordinance No. 042, 2011, Appropriating Prior Year Reserves.
12. First Reading of Ordinance No. 043, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Exterior Preservation and Reconstruction of the Avery Building.
13. First Reading of Ordinance No. 044, 2011, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Civic Center Parking Structure.
14. First Reading of.;Ordinance No. 045, 2011, Amending Section 1740 of the City. Code
Pertaining to the Offense of Trespass..
15. First Reading Ordinance No. 046, 2011, Amending Ordinance No. 019, 1877 of the City of
Fort Collins Granting Right -of -Way to the Colorado Central Railroad Company.
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April 19, 2011
16. First Reading of Ordinance No. 047, 2011, Amending Sections 22-43 and 28-42 of the City
Code Relating to Paving and Maintenance of Streets, and Particularly as Affected by the
Mason Express Bus Rapid Transit Project.
17. First Reading of Ordinance No. 048, 2011, Vacating a Portion of Right -of -Way as Dedicated
on the Plat of South College Commercial Subdivision.
18. First Reading of Ordinance No. 049, 2011, Vacating the Right -of -Way for Star Dust Lane
as Dedicated on the Plat of Willow Brook.
19. First Reading of Ordinance No. 050, 2011, Authorizing the Conveyance of Two Pedestrian
and Access Easements on City Right -of -Way Adjacent to 200 South College Avenue to 314
E. Mountain, LLC.
27. First Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making
Amendments to the City's Land Use Code Pertaining to the East Side and West Side
Neighborhoods.
Councilmember Manvel withdrew Item No. 19, First Reading of Ordinance No. 050, 2011,
Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right -of -Way
Adjacent to 200 South College Avenue to 314 E. Mountain, LLC to the discussion agenda.
CouncilmemberTroxell made a motion, seconded by Councilmember Poppaw, to adopt the Consent
Calendar as modified. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Mayor Pro Tern Ohlson expressed concern about the maintenance and operations cost for the Mason
Corridor project and stated the item should be scheduled for a work session. He suggested a process
change regarding Item No. 20, Resolution 2011-034 Authorizing the Lease of City -Owned Property
Located at 200 West Mountain Avenue, Suite A, to Beet Street for Up to Two Years, in terms of
making leases of City property more of a public process.
Councilmember Manvel corrected an error in the waste stream study section of Item No. 11, First
Reading of Ordinance No. 042, 2011, Appropriating Prior Year Reserves, and stated he and
Councilmember Troxell need to meet with staff regarding the item.
Councilmember Horak encouraged creation of a plan for the operations and maintenance costs for
the City's capital projects. He suggested reviewing the Art in Public Places Program.
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Staff Reports
City Manager Atteberry stated the Art in Public Places Program will be reviewed and scheduled for
a work session. He read a statement clarifying intent of the enforcement policy regarding Item No.
14, First Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaining
to the Offense of Trespass.
Councilmember Horak asked about necessity of the proposed $2 million pedestrian overpass. City
Manager Atteberry stated a work session on the Mason Corridor would be scheduled on the six-
month planning calendar.
Councilmember Reports
Mayor Pro Tem Ohlson discussed the Finance Committee meeting topics, including the food, utility,
and property_ tax rebate program, the; capital surplus from, Building=Community Choices,, -and the t -
defined benefits. program for certain City employees knowmas-GERP.
Councilmember Poppaw stated she spoke at a brunch honoring Larimer County childcare workers
as part of the Month of the Young Child.
Mayor Weitkunat discussed Pay it Forward Day which is April 28th..The idea behind the day is to
promote community spirit through intentional acts of kindness without asking for anything in return.
Additionally, a regional meeting will be held April 28".
Resolution 2011-035
'Making Findings of Fact Regarding the Appeal of the Approval
of the 431 East Laurel Street Project Development Plan, Modification
of Standards of Land Use -Code Section 4.8(D)(1) (Minimum -Lot Size)
and Land Use Code Sectiom3.2200(1)(a) (Duplex-fArkiugl,`Aftted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
On March 1, 2011, an Amended Notice of Appeal was filed regarding the January 12, 2011 decision
of the Hearing Officer to approve, with conditions, the 431 East Laurel Street Replat and Project
Development Plan.
On March 22, 2011, City Council voted 3 — 3 on the motion to overturn the decision of the Hearing
Officer. Because a majority vote was not achieved, the decision of the Hearing Officer stands. In
order to complete the record regarding this appeal, Council should adopt a Resolution making
findings of fact and finalizing its decision on the Appeal.
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BACKGROUND /DISCUSSION
The Appellants' Notice of Appeal was based on allegations that the Hearing Officer failed to hold
a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code.
At the March 22, 2011 hearing on the matter, Council considered the testimony of City staff, the
appellants and the applicants. In subsequent discussion at this hearing, Council determined that:
• The Hearing Officer held a fair hearing.
• Relevant laws were properly interpreted and applied.
r
Council voted 3 — 3 to deny overturning the decision of the Hearing Officer. Because a majority
vote was not achieved, the decision of the Hearing Officer stands. "
Councilmember Manvel recused-himself due to a conflict of interest. Mayor Weitkunat and
Councilmember Horak recused themselves because they were not Councilmembers at the time the
appeal was heard on March 22.
City Attorney Roy stated the purpose of this Resolution is to satisfy City Code requirement that
Council adopt a Resolution of finding as to the decision made at the time of the appeal. This
Resolution marks the beginning of the period of time within which any appeal could be taken to
court.
Eric Sutherland, 3520 Golden Currant, expressed concern the hearing officer disregarded the Land
Use Code in his decision.
Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to adopt Resolution
2011-035 as revised. .::.
Mayor Pro Tern Ohlson stated he also has some concerns about the frequency of granted variances
and the appearance that neighborhoods are put at a distinct disadvantage in some cases.
The vote on the motion was as follows: Yeas: Ohlson, Kottwitz, Troxell and Poppaw. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry stated the topic has been discussed by staff and will be coming before
Council. -
Items Relating to the East Side and West Side Neighborhoods Referendum Petition,
Adoption on First Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011
The following is staff s memorandum for this item.
April 19, 2011
"EXECUTIVE SUMMARY
A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 003, 2011, Making
Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West
Side Neighborhoods. (No Action Needed)
B. First Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making
Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West
Side Neighborhoods.
OR
C. First Reading of Ordinance No. 053, 2011, Calling a Special Election to be Held in
Conjunction with the November 1, 2011 Larimer County Coordinated Election.
OR.
D. Resolution 2011-03 7 Referring Ordinance No. 003, 2011, Making Amendments to the City
of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods,
to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on
April 2, 2013.
On March 14, 2011, a referendum petition was filed with the City Clerk's Ojf ce seeking to repeal
Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code
Pertaining to the East Side and West Side Neighborhoods. On March 14, 2011, the City Clerk
determined that the referendum petition did not contain the requisite number ofsignatures (at least
2,517) to warrantfurther action by the City Council and that such petition was insufficient within
the. meaning -of -Article X,. Section..569:of the City. Charter-.- On March-24;:2011, :a petition --. - - -
representative filed a Protest;of Petckon'Insuffccency Pursuant to the provisions of the:
Charter, a protest hearing was held on March 31, 2011, at which the City Clerk, as the hearing
officer, heard testimony regarding the allegations contained in the Protest. At the conclusion of the
protest hearing, the City Clerk preliminarily determined that she had received adequate testimony
to qualify additional signatures which would result in the referendum petition being certified as
sufficient. The final decision of the hearing officer was rendered on April 7, 2011, finding the
referendum petition to be sufficient.
Upon presentation to the Council of a petition certified as sufficient for referendum, the operation
of the ordinance in question is automatically suspended pending repeal by the Council or final
determination by the voters::_ If the ordinance is not -repealed, the Council must refer the. ordinance
to a vote of the registered electors at the next regular or. special City election scheduled for any
other purpose.
Alternatively, the Council may call a special election for this specific purpose. For consideration
at this meeting, staff has prepared an ordinance calling a special election to be held in conjunction
with the Larimer County Coordinated Election on November 1, 2011. If Council would prefer to
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call a special election at a different date, the ordinance can be amended accordingly before second
reading. The earliest practical opportunityfor a special election would be August 2, 2011.
If the Council chooses to wait until April 2013 to have the voters consider this issue, Resolution
2011-037 is presented to place the issue on the ballot and set the ballot language. If Council opts
for a special election on another date, a revised Resolution will be presented to Council on May 3
in conjunction with Second Reading of the ordinance calling the special election. '
FINANCIAL/ECONOMIC IMPACTS
Calling a special election, whether in November or at another time, will be more costly than waiting
until the next regular election in April 2013. "
City Clerk Krajicek discussed the various items and Council's options.
Jeff Wolff, 2009 Linden Lake Road, supported repeal of Ordinance'No. 003, 2011.
Lynn Studheit, 508 East Plum, supported Ordinance No. 003, 2011.
Elinor Murrow, 904 Elm Street, supported Ordinance No. 003, 2011.
Jim Norman, 422 West Myrtle, supported Old Town diversity.
Pat Feeley, 1114 Woodford Avenue, supported repeal of Ordinance No. 003, 2011.
Judy Berge, 1108 West Magnolia, supported Ordinance No. 003, 2011.
Eric Sutherland, 3520 Golden Currant, discussed the petition effort and stated it should alert Council
that process "changes are necessary. = -
Andre Mouton, 119 North Loomis, supported repeal of Ordinance No. 003, 2011.
John White, 1220 West Mountain, supported repeal of Ordinance No. 003, 2011.
Jill Kuch, 709 Stover, supported repeal of Ordinance No. 003, 2011.
Chris Guilla, 1300 East Stuart, supported repeal of Ordinance No. 003, 2011.
Gina Janett, 730 West Oak, supported repeal of Ordinance -No. 003, 2011 but did support some
regulations.
Jim Wurz, 425 North Sherwood, stated solar access for all lots should be protected.
Chip Steiner, 626 West Oak, supported repeal of Ordinance No. 003, 2011.
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April 19, 2011
Steve Yurash, 4821 Yellowstone Circle, discussed solar access and encouraged Council to research
a daylight plane ordinance. He supported repeal of Ordinance No. 003, 2011.
Myrne Watrous, 723 West Olive, supported Ordinance No. 003, 2011.
Nancy York, 130 South Whitcomb, supported repeal of Ordinance No. 003, 2011.
Dee Amick, 221 Park Street, supported repeal of Ordinance No. 003, 2011.
Clint Skutchan, Fort Collins Board of Realtors, supported repeal of Ordinance No. 003, 2011.
Councilmember Troxell made a motion, seconded by Councilmember Horak, to adopt Ordinance
No. 052, 2011, on First Reading.
Councilmember Manvel stated Ordinance,No. 003, 2011, does not appear to be a perfect solution
to the problems and noted neighbors affect property values.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to add two new
Whereas clauses and a new Therefore clause to direct the City Manager and City Attorney to
commence work on development of a new Ordinance to address the standards for structures in the
East and West Neighborhoods which work shall include further outreach activity and to bring
forward a new proposal for Council's consideration in a timely manner.
Mayor Weitkunat clarified the amendment, noting the first additional Whereas clause would state
the process of consideration and adoption was flawed. The second piece states Council would like
to research creative ways to address the problems noted in the Ordinance, and, thirdly, staff is
directed to create a new Ordinance to address the standards.
Councilmember Kottwtiz stated she would not support the amendment.-: "t '
Councilmember Poppaw supported the amendment.
Councilmember Troxell stated the original Ordinance did nothing to protect neighborhood character
or historic preservation.
Councilmember Manvel agreed neighborhood character needs to be protected. Both property
owners and their neighbors' rights need to be protected.
Mayor Pro Tern Ohlson supported repealing and amending the Ordinance.
f
Councilmember Kottwitz agreed there is a problem in the Eastside and Westside neighborhoods and
stated she would support continuing the discussion; however it is unnecessary to amend the
Ordinance.
Mayor Weitkunat supported a fresh beginning with the new Council.
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Councilmember Horak suggested withdrawing the amendment and then providing staff with
direction for moving forward.
Councilmembers Manvel and Poppaw withdrew the amendment.
Councilmember Horak stated the beginning of the process was acceptable; the end of the process
and final result were flawed.
Councilmember Troxell stated he supported moving forward with the issue and commended the
citizens who completed the petition.
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry stated the item would be scheduled for 'a work session, at which time
Council could clarify how it would like staff to proceed.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2011-039
Authorizing the City Manager to Execute a Revised Long -Term Airport Access
Agreement and Grant of Access Easement with Rocky Mountain Airport Investments,
LLC and Related Intergovernmental Agreement with One or More Metropolitan Districts
at the Fort Collins -Loveland Municipal Airport, Adopted
The following is staff s memorandum for this item. -
"EXECUTIVE SUMMARY
As part of the overall proposed agreement, the Developer has agreed, as specified in the Access
Agreement and Intergovernmental Agreement ("IGA'), both of which are attached to the proposed
Resolution, to provide proceeds from one or more Metropolitan Districts (5 mils) to the Airport in
exchange for the granting of an access easement to the Airport for aviation related uses. An access
easement on the Airport is granted to the Developer from the Developer's real property adjacent
to the Airport.
This an updated agreement from the one approved by both the Loveland and Fort Collins City
Councils in September 2008. This update addresses concerns related to sequencing for platting the
parcels and creation of the metropolitan districts, and establishes a performance deadline of
September 30, 2012 for FAA approval of the access easement, creation of the Metropolitan Districts
as to both the north and south parcels, and required improvements to the south parcel. The required
improvements include infrastructure in both the proposed airpark and on the Airport to
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April 19, 2011
accommodate the proposed access. The required improvements on the north parcel must be
completed by September 30, 2019.
The new agreement is now 50 years, with no 30 year extension as contemplated in the original
agreement. The 30 year extension was based on construction of an on -airport Fixed Based
Operator (FBO) business, no such investment is planned at this time, so the 30 year extension
option is not included in this agreement.
BACKGROUND /DISCUSSION
Beginning in 2007, City staff from Fort Collins and Loveland worked on a proposal by the
Developer to develop an airpark located to the southeast and north of Airport ("the Airpark'), to
access the Airport for limited aeronautical purposes through -the -fence. The Developer owns 200
acres adjacent to the Fort Collins —Loveland Municipal Airport (Airport). The property is divided
into.two parcels; one is, identified as the north.parcel.and the:other is thesoutheast parcel.
The Access Agreement grants a 50 year Airport access easement to permit the lot owners in the
Airpark to access the Airport from their property for limited aeronautical uses which are defined
in detail in the Access Agreement. The granting of such an easement is subject to FAA approval.
In return for the access easement, the Developer will create one or more metropolitan districts that
include the Airpark properties, and will commit 5 mills ofproperty taxes to the Airport in exchange
for access ("the Metro Districts'). The paymentfrom the Metro Districts satisfies the Airpark's need
to pay an access fee to the Airport. This revenue projection for the first ten years of the Metro
Districts payments beginning in 2012 equals $2.4 million. Any revenue generated by the Airport
is restricted to Airport uses and cannot be returned to the owner cities per FAA regulations.
The proposed Access Agreementprovides significant benefits to the Airport and Cities byfurthering
the goal of increasing revenue to the Airport to eliminate,the kenera'l�subsidy that the Cities provide'.
This is one of the most significant goals outlined by the Airport Steering Committee and City
Councils in the Airport's Adopted Business Plan.
There are two kinds of development that generally impact airports, development that takes place on
the Airport property (or within the fence), and development that happens adjacent to the Airport that
accesses the Airport through a fence. The Airport is a significant community asset that has been
largely funded through Federal funds coming from the Federal Aviation Administration (FAA).
There are advantages and disadvantages to either development on Airport or adjacent. On -Airport
development takes place on publically owned land and improvements (i.e. a hanger) ultimately
revert back to the Airport once the long-term.lease is:completed. The on -Airport lease rate ensures
that the user is paying their fair share for accessing.the Airport and its benefits.
Off -Airport developments that literally access the Airport "through the fence" (TTF) also have to
payfortheprivilegeofaccessingapttblicfacility. The 7-TFpayments to access the Airport typically
take the form of an access fee. The fee to be paid to the Airport from an off -site user has to equal
what the on -Airport user pays; this is called "parity".
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The core issue in negotiating the Access Agreement and IGA with the Developer has been working
to achieve parity. This is done through the formation of the Metro Districts that will pay for the
Airpark's access fees. Properties within the Metro Districts will contribute 5 mills to the Airport
as their fee. Periodically, the Airpark and Airport will evaluate the sufficiency of the 5 mills to
ensure that parity is being maintained as the Airport increases its on -Airport lease rates and as the
Airpark builds out.
FINANCIAL /ECONOMIC IMPACTS
The Developer will form one or more Metro Districts with a 5 mill rate that will generate property
tax revenue for the Airport in exchange for paying an Airport access fee. It is assumed that the
Metro Districts will be in place by the beginning of 2012 and will begin makingpayments in the year
after it is formed. The Developer has an aggressive build -out plan for the Airpark that has been
shared with City staff. City staff is more comfortable projecting -a slower build out rate for the
project to ensure that financial projections to the Airport are not overestimated.
Staff projects that in 2012, the Airpark project will contribute $56,000 in revenue to the Airport,
growing to over $400,000 by 2020. This assumes that approximately 1.5 million square feet are
developed over this time period, or around 150,000 sq feet per year. Staff believes this is a
reasonable build -out schedule. Should the Developer successfully built out the project faster, the
Airport would receive additional revenue growth from the growth in assessed valuation and taxable
property.
Major Provisions of the Access Agreement and IGA
Term of the Access Agreement
The Access Agreement and the access easement granted in the Access Agreement will terminate fifty
(50) years after the effective date of the IGA.
Use of Metro Districts
The Developer intends to establish and record certain covenants, conditions and restrictions against
the real property that makes up the Airpark. The Developer intends. to establish one or more Metro
Districts ("Districts') which shall, in part, manage the common areas of the Airpark and enforce
the Airpark Covenants, Conditions and Restrictions (CC&R's).
Access to the Airport is contingent upon the Cities' prior execution of the IGAs with the Districts
for aircraft access and use of the Airport from the Airpark under the terms and conditions stated in
the Access Agreement. Prior to approval of the IGA; the following conditions must be met:
The Airpark is under actual construction.
The construction and improvement of taxilanes connecting the Airpark and the Airport and
the taxiway on the Airport are completed and acceptable to the Cities.
April 19, 2011
• The District(s) are established in good standing and capable of imposing the 5.0 mill levy
on the Adjacent Property together with any required adjustments thereto, and further
capable ofpaying the Fee to the Cities and to pay the Cities any additional amount required
in the IGA. The District(s) shall also be required to have full voter authorization to increase
the mill levy on the Adjacent Property, without the requirement of any future election, in
order to provide any increases in revenue to the Cities as necessary to maintain compliance
with the Cities' FAA grant assurances.
• The Developer grants the Cities an access easement on the Airpark taxilane for emergency
vehicles, FBO vehicles, maintenance/safety inspections, etc.
• The Airparks CC&R's are recorded and in effect against the Airpark.
• The construction of the Airport Taxiway is completed and deemed acceptable by the Cities.
The Metro District for the entirety of the Adjacent Property (north and south parcels) must be
formed and the other conditions met as to the south parcel on or before September 30, 2012 or the
Agreement and the Access Easement as to both parcels terminates.. If this deadline is met, the other.
conditions must be met as to the north parcel by September 30, 2019 or the Agreement and the.
Access Easement as to the north parcel terminates. ,
Payment of AirportAccess Fees
In consideration ofgaining access to the Airport's facilities, an access fee will be paid to the Cities
as follows:
• The Metro Districts will enter into an IGA with the Cities.
• The Districts will pay to the Cities, subject to annual adjustments, an amount equal to 5.0
mills ("Fee ")based on the assessed value of all taxable real property and improvements,
(excluding personal property) within the Adjacent Property.
• The Fee -is intended, with annual adjustments, to provide the Airport with a source of -_
revenue which is equal to, orgreater than, the revenue that.would'otherwise beprovided.if • °_` =
the Airpark were developed upon Airport property. In addition, the Fee is intended to
ensure that the lot owners within the Airpark pay fees and charges to the Cities that are at
parity with those paid to the Cities by their on -Airport tenants.
• The Cities shall have the ability to`close access to the Airport from the Airpark through the
point of ingresslegress in the event of nonpayment of the Fees due from the District(s).
Termination of the Access Agreement
The Access Agreement can be terminated for the following reasons:
• If the Metro Districts for the entirety of the Adjacent Property (north and south parcels) are
not formed and the other conditions are not met as to the south parcel on or before
September 30, 2012, the Agreement and the Access Easement terminates as to both parcels.
• If the conditions, other than creation of the Metro Districts, are not met as to the north
parcel by September 30, 2019, the Agreement and the Access Easement terminates as to the
north parcel only.
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April 19, 2011
• The Developer provides written notice of termination to the Cities.
• The Developer does not make payments required under the terms of the Access Agreement
and under any IGA.
Litigation Expenses and Attorney's Fees
In the event of the default of any of the provisions of the Access Agreement or the IGA by any party,
as determined by a court, the defaultingparty shall be liable to the non -defaulting parry for the non -
defaulting party's reasonable costs of litigation incurred by reason of the default, including
reasonable attorneys ' fees.
Most Commercial Aeronautical Services are NOTpermitted within the AdjacentAirportProperty
Uses not allowed are those which are normally provided by the on -Airport FBO(s). The
uses not allowed include: aircraft line services; aircraft, airframe and engine repair and
maintenance; flight training; aircraft rental; storage of aviation fuels and related other
services such as the sale of air charts and miscellaneous pilots' supplies.
Commercial Aeronautical uses that are allowed include the following:
The construction of hangars/buildings that are used for the storage, servicing and
maintenance of aircraft that are used for private corporate or personal use; aircraft
research and development; aircraft manufacturing of parts and components; assembly of
aircraft parts and components; final assembly of aircraft parts and components into
completed aircraft; flight testing associated with assembled aircraft; painting of
manufactured aircraft and parts; and airfreight services.
The Developer may not enter into a contract thatprohibits any on -Airport FBO from selling
fuel to tenants of the Airpark. -
The Developer shall grdnt to the Cities an Avigation Easement which grants users of the
Airport the right to fly over the Airpark property and make noise, vibrations and emissions
associated with aircraft and the Airport's other activities.
Obligations of Developer
• Taxilane construction — the Developer is responsible for constructing and paying for the
taxilane improvements that will connect the Airpark site with the Airport property.
• Taxiway construction - the Developer is responsible for constructing an paying for the
taxiway improvements that will extend the on -airport taxiway to the off -airport taxiways.
• Securityplan the Developer must ensure there is an Airpark security plan in place that is
in full compliance with Transportation Security Administration and FAA rules and
regulations.
• Avigation easement on their property — the Developer shall grant the cities an Avigation
Easement to ensure that Airport operations adjacent and around the Airparkproperties are
not compromised.
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Non -compromise of FNL activities — the Developer agrees that nothing in the Access
Agreement or IGA will impact ongoing Airport operations or implementation of long-term
plans. .
Minimum Standards Compliance — the Developer agrees to abide by the Airport Minimum
Standards within the Airpark property as they currently exist or may be amended by the
Cities in the future.
Grant assurances — In the event that the FAA notifies the Cities verbally or in writing of an
alleged violation of its grant assurances to the FAA as a result of the Access Agreement, or
as a result of the action or inaction of any off -Airport uses, the Developer shall fully
cooperate with the Cities to immediately rectify such violation. In the event that the FAA
notifies the Cities formally of such a violation, such as, but not limited to, notification by a
Director's Determination, the Cities may, in theirsole discretion and without being required
to appeal any such FAA determination, terminate this Agreement and any access to the
Airport granted pursuant to this Agreement. However, if the FAA grants to the Cities a
period of time to cure the violation, .the Cities agree, prior to such termination, to allow the
Developer that period of time to cure the circumstances causing- the grant .assurance
violation.
FAA Commentary
Throughout the past 36 months, the FAA has been consulted by the Cities on numerous occasions,
including in meeting with local leaders and the Colorado Congressional delegation. The FAA does
not offer an opinion on through -the fence agreements, they only offer advisement. Staff and the
Developer have worked to address all the issues raised by FAA, including language on grant
assurances, relief of issues, parity between on and off Airport uses, and security provisions.
In the event a parry on the Airport feels discriminated against by the uses off the Airport, there is
a formal FAA process, known as a Part 1.6 complaint, which would.be heard within the FAA process
to determine if such complaint has .merit. -"-
Mike Freeman, Chief Financial Officer, reviewed the Airport's history, mission statement, and
governing agreements. He defined a "through -the -fence" agreement as providing the mechanism
to access the airport and defining conditions.
Councilmember Manvel asked for a scale of the 5 mills. Freeman replied the City's mill levy rate
is approximately 10 mills. As the activity at the Airport grows, and more value is created on the
property, the actual payment to the Airport increases. Staff determined the mil levy rate by
determining the likely revenue stream, should it develop.
Councilmember Manvel made a motion, seconded by. Councilmember Troxell, to adopt Resolution
2011-039.
Councilmember Manvel asked if the City's annual contribution to Airport operations would
ultimately decrease or disappear. Freeman replied that is the intent.
April 19, 2011
The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson„ Poppaw,
Horak, and Troxell. Nays: none.
THE MOTION CARRIED.
Jason Licon, Fort Collins -Loveland Airport Director, stated the Trans Aero Helicopter Service
Company will be relocating its operations base to the Airport in August.
Ordinance 050, 2011,
Authorizing the Conveyance of Two Pedestrian and Access Easements
on City Right -of -Way Adjacent to 200 South College Avenue to
314 E. Mountain, LLC, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
314 E. Mountain, LLC ("Owner') recently purchased the first floor of the condominium building
at 200 South College Avenue, located at the southeast corner of College Avenue and Oak Street.
The Owner is making some modifications to the first floor, some of which are on the outside of the
structure. Since the property line for this building is only about a foot from the lot line;, these
structure modifications will be in the City right-of-way (sidewalks of College and Oak). The Owner
has requested two pedestrian and access easements to allow the installation of stairs and ramps
within the right-of-way on the north side of the building (Oak Street).
BACKGROUND /DISCUSSION
When this building was constructed in 2005, concrete steps and a ramp were constructed at the
northwest corner of the building. The Owner's remodel plans call for a new door in the middle of
the north side of the building. Along with the door, there are planned steps and a ramp to be
constructed on the sidewalk.
When the existing steps and ramp were constructed, their encroachment in the right-of-way was
authorized through a revocable permit. The Owner's architect applied for a revocable permit for
the construction of the new steps and ramp. However, given the permanent nature of the
improvements, the City determined that the granting of a permanent easement is more appropriate.
The easement for the new improvements would be terminable if the improvements are never built
and either easement would be• terminable if the improvements within it are ever permanently
removed.
This easement request includes the existing steps and ramp and the planned steps and ramp. The
area of the existing step and ramp is 85 square feet and the area of the planned steps and ramp is
195 square feet, for a total of 280 square feet. The impact to the existing sidewalk is minimal. The
sidewalk on East Oak Street is approximately 20 feet wide. The door landing and steps will extend
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April19, 2011
ten feet onto the sidewalk, which will leave an unencumbered sidewalk of 10 feet at the widest
portion of this request. The construction will match the existing ramp and steps.
FINANCIAL I ECONOMIC IMPACTS
The consideration for this easement request is $4,900. The value of the easement area was
calculated at $17.50 per square foot. Real Estate Services staff set this value after consulting with
a certified general appraiser. In addition to the easementpayment, the Owner will pay an easement
processing fee of $1, 000. "
Councilmember Manvel stated he pulled the item from consent in order to clarify the impact of the
easements.
Helen Matson, Real Estate Services Manager, stated both changes are ,being considered permanent
easements and;=briefly= described the -changes. .The easement would: be terminated if. the • _
improvements are not built, or if their use changes.
Mayor Pro Tern Ohlson expressed concern that protocols, such as'this, need to become more
systemic. City Manager Atteberry agreed and suggested staff return at Second Reading with
photographs, and possibly a computer -generated view. He also suggested Bruce Hendee and Joe
Frank examine the area and potential impacts. to pedestrian space.
Paul Jensen, property owner, stated the property is currently a business office and this entrance is
paramount to being able to divide the property into retail and office.
Don Bundy, The Architect's Studio, provided additional detail regarding the new entrance.
Councilmember. Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 050, 2011, on First Reading. ;Yeas: Weitkunat; Kottwitz .Manvel,,Oh1'son Poppaw Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:35 p.m.
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