HomeMy WebLinkAboutMINUTES-07/03/1984-RegularJuly 3, 1984
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, July 3, 1984, at 5:30 p.m, in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following Council -
members: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Staff Members Present: Shannon, Huisjen, Krajicek, Lewis, L. Hopkins, C.
Smith, Hays
Agenda Review: Citv Manager
Deputy City Manager Rich Shannon noted staff was requesting that Item #14,
Hearing and First Reading of Ordinance No. 81, 1984, Appropriating Prior
' Year Reserves and Unanticipated Revenue in the Capital Projects Fund and
Authorizing the Transfer of Appropriated Amounts from the Street Oversizing
Fund and General Fund to the Capital Projects Fund, be withdrawn from the
agenda for further staff review.
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 Item #41, Pulled 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 dis-
cussed immediately following the Consent Calendar.
4. Consider Approving the Minutes of the Regular Meeting of June 5.
5. Second Reading of Ordinance No. 66 1984, Appropriating $2,000,000 in
the Capital Projects Fund for Water Treatment Plant No. 2.
In accordance with Resolution 84-39, adopted by the City Council on
March 20, 1984, the staff is proceeding with the design of the 20 MGD
expansion at Water Treatment Plant No. 2 and related transmission and
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July 3, 1984
distribution facilities. All of the funds, $2,500,000, for the design
work and right-of-way acquisition were appropriated by the Annual
Appropriation Ordinance and included in the 1984 Water Fund Budget.
However, due to a miscommunication between the Budget Office staff and
the Water Utilities staff, only $500,000 of the $2,500,000 was appro-
priated in the Capital Projects Fund when the 1984 Budget was adopted.
The purpose of this ordinance which was unanimously adopted on First
Reading on June 5 is to appropriate the remaining $2,000,000 in the
Capital Projects Fund.
6. Second R
riatinq Unanticipated
rary services runo.
This Ordinance was unanimously adopted on First Reading on June 5. On
February 24, 1984, Council adopted Resolution 84-25 authorizing the
Mayor to enter into an intergovernmental agreement with Larimer County
for the purpose of providing Library Outreach Services to the resi-
dents of Larimer County. The agreement has been finalized, and the
money, $8,783, has been received from the County. The money now needs
to be appropriated for expenditure.
In addition to the $8,783 from Larimer County, the City will be
receiving funds from Loveland on a reimbursement basis. Whenever the
Outreach Program provides services to citizens of Loveland, we will
bill Loveland, and be reimbursed for the associated costs. It is
estimated that we will receive $990 from Loveland in this manner.
Rather than return to Council with an appropriation ordinance each
time funds are received, the $990 should also be appropriated at this
time.
7. Second Reading of Ordinance No. 69, 1984, Deleting Junk Dealers
Iirpncp_
In 1959, an ordinance was adopted which requires any person or persons
operating a junk shop or store as a dealer or carrying on the business
of a junk peddler or collector to obtain a city license at an annual
fee of $50 for a store or $25 for a peddler or collector and file a
bond in the penal sum of $500. The ordinance also requires every
person licensed as a junk dealer, peddler or collector to keep records
to enable him to locate the person from whom he purchased every
article of junk except rags and bottles.
While junk dealers, peddlers and collectors per se have all but
vanished from the city, the relatively new business, activity of
recycling resources falls under this section of the Code. Staff feels
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that requiring a license, a $500 bond and the associated record
keeping is contrary to the City supported concept of recycling re-
sources, and therefore, recommends adoption of this Ordinance which
was unanimously adopted on First Reading on June 5, repealing the
section of the Code pertaining to Junk Dealers.
8. Second Reading of Ordinance No. 70, 1984, Vacating a Utility Easement
between Lots 18 and 23. Centerpoint Park.
This Ordinance was unanimously adopted on First Reading on June 5. An
electronics company is currently planning to construct a building on
Lots 18 and 23 of Centerpoint Park Subdivision. Their building would
span both lots and therefore encroach into a utility easement that
runs along the common lot line. Since no buildings are allowed to be
constructed in an easement, the owner is asking that a portion of it
be vacated.
9. Second Reading of Ordinance No. 71, 1984, Vacating Portions of a
Utility Easement in Tract A of the Wilderland Condominiums, a Multi-
E i 1. D 11 n
This Ordinance was unanimously adopted on First Reading on June 5.
Wilderland Condominiums is now under construction. The developer
' wants to build garages for his units that would encroach onto a
utility easement. Since no buildings are allowed to be constructed in
an easement, they are requesting the vacation. There are currently no
utilities in these easements and the owners are leaving an 8 foot
easement adjacent to the street which is adequate for all the utili-
ties.
10. Hearing and First Reading of Ordinance No. 77, 1984, Vacating a
Portion of Breakwater Drive and Three Utility Easements in the First
Replat of the Landinas P.U.D.. Filina 4.
On December 19, 1983, the Planning and Zoning Board approved the 3rd
Replat of the Landings P.U.D., Filing 4, which created a single lot
out of 12 single family lots, several tracts and the entire right-of-
way of a looped street. This lot is to be used as a church site. The
requested vacations apply to the right-of-way and easements that would
have provided service to the individual lots. Since the lots no
longer exist there is no longer a need for the easements. All utili-
ties have indicated no problem with the request.
11. Hearing and First Reading of Ordinance No. 78, 1984, Vacating a
Portion of a Utility Easement in South College Heights First Filing.
The applicant, Mr. Gene Frank, would like to build a garage adjacent
to his house. His proposed garage would be located where a 10 foot
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utility easement exists. Since no buildings are allowed to be con-
structed on easements, Mr. Frank is requesting that the easement be
vacated.
All the utilities have been located and none are presently located in
the easement, and all of the utilities indicated no problem with the
vacation request.
12. Hearing and First Reading of Ordinance No. 79, 1984, Reappropriating
1983 Funds.
Currently there is a Charter provision (Article V, Section 10) that
states appropriations for capital projects and federal or state grants
do not lapse until the completion of the capital project or the
expiration of the particular grant.
Exceptions to the non -lapsing appropriations are those grants which
are based on an annual entitlement (e.g., Federal Revenue Sharing).
Therefore, monies in this fund need to be reappropriated to complete
projects/programs begun in 1983 and to cover encumbrances still
outstanding at the end of 1983 and carried over into 1984.
13. Hearing and First Reading of Ordinance No. 80, 1984, Providing for the '
Execution and Delivery of Replacement Bonds, Which Have Been Lost,
Destroyed, or Wronafullv Taken.
We have recently had a couple of our bonds lost in the mail. Due to
the complexity and time required to replace such a lost bond, staff
requested the City's Bond Counsel prepare this Ordinance. It explains
the procedure the City will follow in the event of a lost, destroyed,
or wrongfully taken bond.
14. Hearing and First Reading of Ordinance No. 81, 1984, Appropriating
Prior Year Reserves and Unanticipated Revenue in the Capital Projects
Fund and Authorizin the Transfer of A ro rioted Amounts from the
treet. versizing Fund and Ueneral Fund to the Capital Projects
Fund.
Staff recommends combining the Downtown Development Authority Walnut
Street Intersections Project (which is a portion of their Old Town
Project), the Community Development Block Grant Senior Center Sidewalk
Improvements Project, and the City's East Mountain Avenue Medians
Project into a single project to be called the Mountain Avenue/Walnut
Street Improvements Project.
Three separate but closely related street projects are scheduled for
construction this summer in the downtown area:
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July 3, 1984
1) Reconfiguration of the intersections at each end of Walnut Street;
2) Construction of new medians along Mountain Avenue from Mathews
west to the existing median; and
3) Reconstruction of the sidewalk surrounding the senior center.
These three projects are all related by location, time of construc-
tion, and type of construction. Combining the three separate small
projects into a single large project will improve project scheduling,
reduce administrative work, increase project financial flexibility and
reduce overall management time.
15. Hearing and First Reading of Ordinance No. 82, 1984, Appropriatin
Prior Year Reserves in the Larimer County Library Services Fund.
On March 1, 1983, Council adopted Ordinance No. 19,. 1983, appropri-
ating $52,500 in unanticipated revenue from Larimer County for the
provision of bookmobile services to citizens of Larimer County. On
July 19, 1983, Council adopted Ordinance No. 93, 1983, appropriating
$25,578 in unanticipated revenue from Larimer County for the provision
of library services to inmates at the jail. Both appropriations were
' made in the Larimer County Library Services Fund.
At the end of 1983, due to discontinued bookmobile services, $21,265
in unused appropriations lapsed into Unreserved Fund Balance. This
should not have happened, as the fund had outstanding liabilities, and
a portion of the unused funds will need to be returned to Larimer
County. This ordinance -will appropriate the Unreserved Fund Balance so
that these payments can be made.
16. Hearing and First Reading of Ordinance No. 83, 1984, Appropriatin
Prior Year Reserves in the General Fund for the Senior Transoortatio
On September 29, 1983, the City received a $6,000 grant to conduct a
Senior Transportation Pilot Project through the Larimer County Depart-
ment of Human Development, Community Action Board. Council adopted
Ordinance No. 146, 1983, on November 1, appropriating these funds for
expenditure.
Because of the size of the grant and short duration of the project, it
was decided at that time not to create a new fund for the grant.
Instead, a new cost center was created in the General Fund.
During 1983, $2,101 of the grant was spent. Because the grant was
within the General Fund, the remaining $3,899 of appropriations lapsed
' at the end of the year into Reserves.
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July 3, 1984 '
It is now necessary to appropriate the remaining $3,899 from prior
year reserves in order to fund the remainder of the project in 1984.
17. Hearing and First Reading of Ordinance No. 84, 1984, Appropriati
Prior Year Reserves in the General Fund and Unanticipated Revenue
ation services run
In 1984, the School Crossing Guard Program was transferred from the
Police Division of the General Fund to the Transportation Services
Fund. At the time the 1984 Budget was adopted, funds to cover the
hourly personnel costs of the program were included in the Transpor-
tation Services Fund Budget, but no provision was made for the admin-
istration of the program.
The administration is handled by a Parking/School Crossing Guard Coor-
dinator, whose time is evenly divided between the two areas. In order
to be able to continue the School Crossing Guard Program for the
entire year, an additional $10,792 needs to be transferred from the
General Fund to cover one-half of the cost of the Parking/School
Crossing Guard Coordinator.
18. Hearing and First Reading of Ordinance No. 85, 1984, Appropriating
Prior Year Reserves in the General Fund to Pay for 1984 Forestry I
Division Operations and Maintenance Costs of the Community Parks
mpr Ioved by 9 Bond Issue Fundinq.
This Ordinance appropriates $9,887 from General Fund prior year
reserves to pay for 1984 Forestry Division 0 & M costs of Community
Parks improved by 1981 Bond Issue Funding.
19. Hearing and First Reading of Ordinance No. 86, 1984, Appropriating
Prior Year Reserves in the General Fund and Unanticipated Revenue in
the CdDital Projects Fund.
In December, 1983, it was discovered that the needed renovations to
Old City Hall were much more extensive than had originally been
thought. At that time, Sales & Use Tax Revenue in excess of the 1983
Budgeted amount was identified as the funding source for the addi-
tional work that needed to be done. .
Council decided that the renovation should proceed without delay,
and
adopted an Ordinance authorizing the transfer of $451,954
in
the
Capital Projects Fund from the Street Rehabilitation Program
as
an
interim funding source. The ordinance also stated that Council
would
repay the Street Rehabilitation Program from 1983 excess Sales
&
Use
Tax receipts when the funds became available, at the completion
of
the
1983 Audit.
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July 3, 1984
The 1983 Audit has been completed, and the funds are available. This
ordinance appropriates the funds for transfer from the General Fund to
the Capital Projects Fund and appropriates them in the Capital Pro-
jects Fund for the Street Rehabilitation Program.
20. Hearing and First Reading of Ordinance No. 87, 1984, Authorizing the
Transfer of Appropriations and Expenditures from the Seven -Year
Capital Improvement Program Account to the Capital Projects Fund and
Terminatinq the Seven -Year Capital Imorovement Account.
As an administrative clean-up effort, staff wishes to eliminate the
Seven -Year Capital Improvement Program Account, which has outlived its
usefulness. This will be accomplished by transferring all appropri-
ations and related expenditures from the Seven -Year Capital Improve-
ment Program Account to the Capital Projects Fund. These two remaining
projects will then be completed within the Capital Projects Fund.
21. Items Relatinq to Telephone System Eauioment.
A. Resolution Authorizing the City Manager to Enter into a Lease
Agreement with Northern Telecom for Telephone System Equipment.
' B. Hearing and First Reading of Ordinance No. 88, 1984, Appropriating
Unanticipated Revenue for Lease Payments for Telephone System
Equipment.
The Resolution authorizes the City Manager to enter into a lease
agreement with Northern Telecom to upgrade our telephone system. The
lease will provide the equipment (memory, line cards, central pro-
cessing units) to upgrade the PBX from a model SL-1L to SL-1N. The
new system will be completely rewarranted for one year, thus elimi-
nating the current $26,000 maintenance contract for the first year.
The total cost to upgrade the City's system will be approximately
$250,000. This cost pays for the equipment necessary to accommodate
the next five years estimated growth in telephone and data extensions.
The money to pay for the lease payments has been provided to the
Communications Fund by user departments and agencies of the City. The
attached Ordinance appropriates $40,000 of unanticipated revenues to
pay for this year's lease of the new equipment.
22. Items Relating to the Master Street Plan Update.
A. Resolution Authorizing the Execution of an Intergovernmental
Agreement Between Larimer-Weld Council of Governments (LWRCOG)
and the City of Fort Collins for the Use of $11,346 in P.L.
I
(Planning) Funds.
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July 3, 1984 '
B. Hearing and First Reading of Ordinance No. 89, 1984, Appropriating
Unanticipated Revenues Totaling $11,346 from the State Highway
Department P.L. Funds for Use on the Master Street Plan Update.
For the past six years, the alignment and reservation of right-of-way
for the Fort Collins Parkway in the northeast quadrant of the City has
been under review by the State Division of Highways. The City has had
difficulty in meeting the needs of the property owners along the
Parkway corridor and developing the data necessary to reserve the land
for a public thoroughfare. In order to finalize the preliminary
engineering for the Master Street Plan for this area, an updating of
the computer modeling and a preliminary engineering alignment needs to
be established for the Parkway.
23. Hearing and First Reading of Ordinance No. 90 1984 of the Council
of the Cegit of Fort Collins, Colorado Amendin Ordinance No. 86, 1983
wit Rard to the A ocation of Costs Amon Certain Property Owners,
Lemay/Harmony Special Improvement District No. 78.
This Ordinance would amend the Ordinance creating and establishing the
District to provide for a reallocation of improvement costs against
the Everitt properties and authorize the City Manager to enter into an
Agreement with the Everitt Companies approving the change in assess- '
ment method and reallocation of assessment costs.
24. Resolution Approving a Temporary Use Permit with the Northern Colorado
Water Conservancy District for 5 Acre -Foot Units of CBT Water.
From time to time Northern Colorado Water Conservancy District (NCWCD)
water is turned over to the City of Fort Collins for satisfaction of
water rights requirements or in exchange for city water certificates.
The Landings, Ltd. is transferring 5 units of NCWCD water to the City
in exchange for a city water certificate worth 5 acre-foot rights.
25. Routine Deeds and Easements.
a. Deed of Easement from Enrique M, and Marny D. Barrau needed for
the Dixon Creek Sanitary Sewer Extension Project. The easement is
being acquired for the installation of a four inch T (approximate
value is $200). The City entered into an agreement with Jensen
Enterprises for the extension of an oversized 15" sanitary sewer main
on the south side of Drake Road, approximately from the intersection
of Drake with Spring Creek to the Dixon Creek PUD. The City's share
of the project is $168,000. A standard repay agreement will be
prepared once the project is complete.
b. Deed of Easement from Erma Burton, Gail Purath, and Judy Burton,
and Deed of Easement from Reid D. Burton, which are the last two of '
five easements needed for ase B o t e Northwest Sewer Trunkline
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July 3, 1984
project. Phase B extends from College Avenue to Wastewater Treatment
Plant #1. Design and construction are scheduled for winter/spring of
1984/85.
The Reid Burton easement is being acquired for a consideration of $156
based on 11� per square foot open space. The Burton/Purath easement
is acquired for a consideration of $1,815 based on 50� per square
foot industrial.
c. Right of Way from John L. and Yvonne S. Ewan for Landmark Special
Improvement District No. 80. The Landmark SID was authorized by
Council on October 4, 1983. At that time, four areas of City par-
ticipation were discussed: 1) street oversizing; 2) transition on
Prospect Street; 3) intersection drainage improvements at Prospect/
Shields; and 4) storm drainage improvements (Canal Importation Basin).
The easement agreement is the second of two needed for the transition
section on Prospect - tapering from the full intersection width
adjacent to Landmark's property to the existing width of Prospect east
of Landmark. The construction and right-of-way for that portion east
of Landmark PUD are City costs. Landmark pays for the local street
portion of the improvement adjacent to their property. The consider-
ation is $1,056 based on $1 per square foot and $2,805 for construc-
'
tion restoration costs for the driveway and parking, based on a bid
from Flatiron. The easement is located on the south side of Prospect
east of Shields.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 66, 1984, Appropriating $2,000,
000 in the Capital Projects Fund for Water Treatment Plant No.
2.
Item #6. Second Reading of Ordinance No. 68, 1984, Appropriating Unantici-
pated Revenue in the Larimer County Library Services Fund.
Item V . Second Reading of Ordinance No. 69, 1984, Deleting Junk Dealers
License.
Item #8. Second Reading of Ordinance No. 70, 1984, Vacating a Utility
Easement between Lots 18 and 23, Centerpoint Park.
Item #9. Second Readin of Ordinance No. 71, 1984, Vacating Portions of a
Ut,Tity asement in Tract of t e Wi der and Condominiums, a
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July 3, 1984 '
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #10. Hearing and First Reading of Ordinance No. 77, 1984, Vacating a
Portion of Breakwater Drive and Three Utility
Easements in the
Item #11.
First Replat of the Landings P.U.D., Filing 4.
Hearing and First Reading of Ordinance No. 78,
1984, Vacating a
Portion of a Utility Easement in South College Heights First
Item #12.
Filing.
Hearing and First Reading of Ordinance No. 79,
1984, Reappropri-
Item #13.
ating 1983 Funds.
Hearing and First Reading of Ordinance No. 80, 1984 Providing
for the Execution and Deliver of Re lacement
Bonds, Which Have
Item #14.
Been Lost, Destroyed, or Wrongfu y Taken.
Hearin, and First Reading of Ordinance No. 81,
1984, A ropriat-
tng�rtor Year Reserves an nanticipated Revenue in tip
Projects Fund and Authorizing the Transfer
of Appropriated
Amounts from the Street Oversizing Fund and General Fund to the
Item #15.
Capital Projects Fund.
Hearing and First Reading of Ordinance No. 82,
1984, Appropriat- '
ing Prtor Year Reserves in the Larimer County
Library Services
Item #16.
Fund.
Hearing and First Reading of Ordinance No. 83,
1984, Appropriat-
ing Prior Year Reserves in the General Fund for the Senior
Item #17.
Transportation Pilot Program.
Hearing and First Reading of Ordinance No. 84
1984 Appropriat-
ing Prior Year Reserves in the General Fund
and Unanticipated
Item #18.
Revenue in the Transportation Services Fund.
Hearing and First Reading of Ordinance No. 85
1984, Appropriat-
ing Prior Year Reserves in the General Fund
to Pay for 1984
Forestry Division Operations and Maintenance
Costs of the Com-
Item #19.
munity Parks Improved by 1981 Bond Issue Funding.
Hearing and first Reading of Ordinance No. 86
1984, Appropriat-
ing Prior Year Reserves in the General Fund
and Unanticipated
Item #20.
Revenue in the Capital Projects Fund.
Hearin and First Readin of Ordinance No. 87,
1984, Authorizin
t e rans er o pproprtattons an Expenditures rom t e even -
Year Ca ital Im rovement Program Account to the Ca ital Projects
Fund and Terminating the Seven -Year Capita mprovement
Account.
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July 3, 1984
Item #21. B. Hearing and First Reading of Ordinance No. 88, 1984, A
priating Unanticipated Revenue for Lease Payments for
phone System Equipment.
Item #22. B. Hearing and First Reading of Ordinance No. 89, 1984, A
priating Unanticipated Revenues Totaling $11,346 fro
Item #23. Hearing a
Council o
No. 86, 19
Property
78.
ghway Department P.L. Funds for Use on t
an Update.
First Reading of Ordinance No. 90, 1984
he Citv of Fort Collins. Colorado Amendinq
wltl
ners
t]
e-
aster ,
of the
finance
strict No.
Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Transferring Appropriations
Between Projects in the DDA Fund for
Improvement of an Alley, Adopted on Second Reading
Following is the staff's memorandum on this item:
"This ordinance was unanimously adopted on First Reading on June 5. The
change in use in the Collins House building as the result of its renovation
requires increased access to the alley. Substantial improvement to the
alley from Magnolia was necessary as well as paving.
Expenses connected with issuing Bond Anticipation Notes in 1983 were
less than expected, providing $8,355 that can be used to finance the
reconstruction of the portion of the alley immediately east of the Collins
House project. On May 3, the Downtown Development Authority Board of
Directors adopted a motion to finance the improvement of the south half of
the alley east of the Collins House on a vote of 4 to 1.
The developers of the Schofield -Larsen Project began discussing improve-
ments to the alley in July, 1983 with staff in the departments of engi-
neering and Light and Power. Plans were for the alley to serve as the
egress for customer parking at the building to eliminate problems with
exiting onto College. The access to Magnolia from the alley was poor,
with(a dip rated severe in a survey of downtown alleys by Tom Hays, City
Engineer.
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July 3, 1984 '
At the DDA meeting of December 1, 1983, a request for assistance was
presented which included both sidewalk and alley improvements. As pedes-
trian way guidelines were being developed, the Board decided not to con-
sider the sidewalk aspects of the request although board members agreed
that the alley should be improved. At the January 19, 1984 meeting the
DDA Board directed staff to draft a letter of agreement to Schofield -Larsen
stating that the firm had made application to the DDA, was working within
the concept envisioned by the Authority and that the project could be
funded if the concept developed.
In February, 1984, Monroe Industrial Bank signed a lease with the de-
velopers for space in the Collins House. Discussions with City staff
during the following month included various alternatives to the use of the
alley. The determination was made that alleys were to serve the adjoining
properties. During April, one option discussed was a drive -up window to
the bank. City staff agreed that if the volume were limited the service
provided would not be unlike that of Stinnet Cleaners, which provides a
drop-off and pick-up door in the alley. In early May, Monroe Bank and the
developers agreed to construction of a drive -up window. Projections for
this facility show that the major use will be loan payments, with a
maximum use of 30 cars per day for the next ten years.
On May 3, 1984 the DDA voted 4 to 1 to approve the request. Council I
granted approval of the Ordinance on First Reading.
Additional background information on this item has been forwarded under
separate cover."
Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to
adopt Ordinance No. 67, 1984 on Second Reading.
Bill Kingsbury, Downtown Development Authority Executive Director, noted he
and Mr. Schofield were there to answer questions or to clarify any points
that needed clarification.
Councilmember Knezovich expressed concern that these alley improvements
were being proposed to facilitate the drive -up window for the tenant
expected to occupy that portion of the building. He stated he felt the
developer should pay for this type of improvement.
Mr. Kingsbury replied that the DDA Board felt this was an appropriate
project and that the alley improvements are necessary even if the drive -up
window was not planned since the whole community would benefit from them.
John Schofield,
managing general partner
of the Collins House partnership,
pointed out the
alley improvements would
benefit all the adjacent proper-
ties as well as
their property.
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July 3, 1984
The vote on Councilmember Rutstein's motion to adopt Ordinance No. 67, 1984
on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: Mayor Horak.
THE MOTION CARRIED.
Items Relating to DDA Property Appraisals.
Following is the staff's memorandum on this item:
"A. Resolution Amending the Intergovernmental Agreement to Include Ap-
praisal Fees in the Line of Credit.
B. Hearing and First Reading of Ordinance No. 91, 1984, Appropriating
Unanticipated Revenue in the DDA Fund to Secure Property Appraisals.
The DDA is anticipating requesting the City to issue long term tax incre-
ment bonds. To provide an appropriation base for the interim, City Council
authorized in March, 1984, an intergovernmental agreement establishing a
line of credit to permit the Downtown Development Authority to enter into
an agreement with Burlington Northern for the removal of the railroad yard
downtown, and to begin construction of the parking garage.
The DDA is requesting that the intergovernmental agreement be amended to
include in the line of credit appraisals of the property for the downtown
hotel project in an amount not to exceed $35,300. It is not anticipated
that the City will be required to advance any funds as there are sufficient
unexpended although committed monies from the BAN issue of 1983. Should
the City have to advance any funds prior to closing on a debt issue, the
DDA will repay the City the interest equivalent to that it would have
earned.
City Council has long been supportive of efforts to locate a hotel/conven-
tion center in the downtown. The DMJM report in early 1981 supported the
City's desire to locate such a facility in the central business district.
Among the projects itemized by the DDA Plan of Development adopted by
Council in Fall, 1981, is a convention/exhibition facility to be built in
conjunction with the private development of a downtown hotel. A Blue
Ribbon Committee appointed in 1982 by then Mayor Gary Cassell determined
that the downtown location of a hotel/convention center would provide the
greatest benefit to the community. In May, 1983 community representatives
from the DDA Board, the City Manager's Office, City Planning Department,
the Mayor's Blue Ribbon Committee, Larimer County Administrator's Office,
Employment and Training Service, Fort Town, and the Landmark Preservation
Commission sat as a committee to select a developer from respondents to a
' Request for Proposal to develop a downtown hotel/convention center.
Landmark/Mitchell was selected.
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July 3, 1984
On July 5, 1983, Resolution 83-121 was adopted, stating that "to encourage
the development of a downtown hotel and convention center which will be
beneficial to the community as a whole" a feasibility study was to be
conducted. At the same meeting, Ordinance No. 91, 1983 appropriated the
funds for the feasibility study and related engineering services.
On April 17, 1984 Council authorized the City Manager to enter into an
Agreement with Landmark/Mitchell and the Downtown Development Authority
concerning construction and operation of a downtown hotel/convention
center. Terms of the agreement included finalizing the financing for the
private portions of the project, completion of the market study update,
determination of the exact structure of the financing vehicles for the
public portion of the project, and the securing of appraisals on the
properties to be purchased. The agreement was further evidence by the City
of Fort Collins and the DDA of their interest in and desire for a hotel/
convention center in the downtown.
With the initiation of this predevelopment stage, the Authority has deter-
mined that it is necessary to begin appraisals of the property. An ap-
praiser has been selected, and at the DDA meeting on June 28, the Board
voted to approve funding of the appraisals.
Commitment to this project is in keeping with the City's Goals and Objec-
tives and Land Use Policies Plan, as well as the DDA Plan of Development,
to encourage development to the north and northeast of the central business
district and promotion of the redevelopment and development of the area.
Revenues for this step would be provided by the issuance of Bonds or Bond
Anticipation Notes. Until proceeds from the Bonds or BAN's are received,
the DDA will draw upon the line of credit issued by the City.
The budget for this project is:
Appraisal Fee $28,300
Administrative expenses 1,000
Contingency 6,000
Total
$35,300
Appropriation of this budget will permit the DDA to begin to fulfill its
obligations as outlined in the Agreement."
Bill Kingsbury, DDA Executive Director, reviewed the two requests and noted
he and Barbara Schofield, DDA Chairperson, were present to answer questions.
Councilmember Stoner noted the DDA Resolution contained a phrase that would
not allow the DDA to begin the appraisals until marketing information was
received from the Radisson hotel people.
-14-
I�
July 3, 1984
Mr. Kingsbury replied that such a contingency clause could be included in
Ordinance No. 91, 1984 if Council so desired. He stated it was not the
intent of the DDA Board to allow the appraisals to begin until such posi-
tive marketing information was received from Radisson. He noted there was
a need to expedite this project, but the money would not necessarily be
spent.
Barbara Schofield, DDA Chairperson, stated the Board was hoping to get the
appraisals authorized with the understanding that there was concern by both
Council and the DDA Board over the marketing information. She added the
Board was assuming the Radisson information would be very positive and that
since the appraisal process could take approximately four months, they were
hoping to expedite the entire process.
Councilmember Rutstein made a motion, seconded by Councilmember Clarke, to
adopt Resolution 84-99. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
' Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to
adopt Ordinance No. 91, 1984 on First Reading and to add the phrase "under
the condition that any expenditure for said appraisals shall be contingent
upon receipt of positive market information from Radisson" at the end of
the "NOW, THEREFORE" clause. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein., and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to
Various Boards and Commissions, Adopted
Following is the staff's memorandum on this item:
"Council has received copies of the applications for membership on the
various City Boards and Commissions, and interviews have been conducted
with the applicants by Council committees. Council has already received
recommendations from interview committees.
Appointments need to be made at this time for the following boards and
commissions:
Building Board of Appeals
Building Contractors Licensing Board
' Choice Advisory Committee
-15-
July 3, 1984 '
Commission on Disability
Cultural Resources Board
Downtown Development Authority
Election Board
Golf Board
Housing Authority
Human Relations Commission
Landmark Preservation Commission
Library Board
Liquor Licensing Authority
Parking Commission
Parks and Recreation Board
Personnel Board
Planning and Zoning Board
Retirement Committee
Senior Citizens Board
Storm Drainage Board
Water Board
Zoning Board of Appeals
Appointments will be for either regular or alternate membership and for ,
terms to expire as indicated in the Resolution."
Mayor Horak noted Council had reviewed all the applications over the past
few months, had conducted interviews, and was now ready to make the ap-
pointments. Each interview team representative read the names of those
they were recommending for appointment.
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-100 inserting the names suggested by each interview
team. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: The completed Resolution was as follows.)
RESOLUTION 84-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS AND
COMMISSIONS OF THE CITY OF FORT COLLINS
WHEREAS,
vacancies currently exist or shortly will exist
on various
boards and commissions of the City
because of resignations
from board
membership or
the expiration of the
terms of members of the
board; and
'
-16-
July 3, 1984
WHEREAS, the City Council desires to make appointments to fill the
vacancies which exist or will exist on the various boards and commissions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the following named persons be, and they hereby are, appointed
as members of the boards and commissions hereinafter indicated, with terms
to expire as set forth after their names:
NAME OF BOARD: Building Board of Appeals
Name Expiration of Term
Marilyn Pedri July 1, 1988
Peter Bullard (alt.) July 1, 1985
NAME OF BOARD: Building Contractors Licensing Board
Name Expiration of Term
' Larry Trampe July 1, 1988
Gary Furlong July 1, 1988
George Holter (alt.) July 1, 1986
NAME OF BOARD: CHOICE -Advisory Committee
Philip Friedman July 1, 1987
Sharon Campbell July 1, 1988
NAME OF BOARD: Commission on Disability
Name Expiration of Term
Bobbie Guye July 1, 1986
Charlotte Kanode July 1, 1988
William Bertschy July 1, 1988
Judy Siefke July 1, 1988
NAME OF BOARD: Cultural Resources Board
Name
Expiration
of Term
'
Anne Steely
July 1,
1988
-17-
July
3, 1984
'
NAME OF BOARD: Downtown Development Authority
Name
Expiration
of Term
Barbara Schofield
June 30,
1988
Danial Larsen
June 30,
1988
NAME OF BOARD: Election Board
Name Expiration of Term
Bettie Wilcox July 1, 1988
NAME OF BOARD: Golf Board
Name Expiration of Term
Alfred Cavallaro (Alt.) July 1, 1986
Dan Preble July 1, 1988
Bill Zech July 1, 1988
NAME OF BOARD: Housing Authority I
Name Expiration of Term
Betty Jo White July 1, 1989
NAME OF BOARD: Human Relations Commission
Name Expiration of Term
Kathy Imel
July
1, 1985
Nora Carroll
July
1, 1988
David Lipp
July
1, 1988
Ernest Chavez
July
1, 1988
NAME OF BOARD: Landmark Preservation Commission
Name Expiration of Term
Michael Ehler July 1, 1988
Richard Beardmore July 1, 1988
Richard Hurt (alt.) July 1, 1986 '
or -a
7
n
NAME OF BOARD: Library Board
Name
Tom Sigl
Catherine Fine (alt.)
NAME OF BOARD: Liquor Licensing Authority
Name
Charlie Monaghan
Wally Bujack
NAME OF BOARD: Parking Commission
Name
Robert Osterhout
NAME OF BOARD: Parks and Recreation Board
Name
William Loy
David Shands
Karen Schubert
NAME OF BOARD: Personnel Board
Name
Alan Inada
Joseph Servin
NAME OF BOARD: Planning and Zoning Board
Name
Randall Larsen (alt.)
Don Crews
Sharon Brown
-19-
July 3, 1984
Expiration of Te
July 1, 1988
July 1, 1985
Expiration of Term
July 1, 1988
July 1, 1988
Expiration of Term
July 1, 1988
iration of Term
July 1, 1988
July 1, 1988
July 1, 1988
Expiration of Term
July 1, 1988
July 1, 1988
Expiration of Term
July 1, 1986
July 1, 1988
July 1, 1988
1
July 3, 1984
NAME OF BOARD: Retirement Committee
Name Expiration of Term
Angelina Powell July 1, 1988
NAME OF BOARD: Senior Citizens Board
Name Expiration of Term
William Kirkpatrick July 1, 1985
Dwight Saunders July 1, 1988
Ruby Lynch July 1, 1988
Gail de Vore (alt.) July 1, 1985
Virginia Mohr -Callahan (alt.) July 1, 1985
NAME OF BOARD: Storm Drainage Board
Name Expiration of Term '
James Dubler (alt.) July 1, 1985
Rex Burns July 1, 1988
Greg Hurst July 1, 1988
Michael Schmid July 1, 1988
NAME OF BOARD: Water Board
Name Expiration of Term
Jimmy O'Brien (Alt.) July 1, 1986
John Scott (Alt.) July 1, 1986
Mary Lou Smith July 1, 1988
Morton Bittinger July 1, 1988
Norman Evans July 1, 1988
NAME OF BOARD: Zoning Board of Appeals
Name Expiration of Term
Lloyd Walker (Alt.) July 1, 1986
Jane Thede (Alt.) July 1, 1986
Steven Dodder July 1, 1988 '
-20-
1
July 3, 1984
Passed and adopted at a regular meeting of the City Council held this
3rd day of July, A.D. 1984.
ATTEST:
City Clerk"
Mayor
Resolution Appointing Councilmembers
to Various Committee Assignments, Adopted
Following is the staff's memorandum on this item:
"This Resolution appoints Councilmembers to various committee assignments
and to represent the City in various organizations: Care-A-Van/Transfort
Services Committee, Contemporary Arts Study Committee, Council of Govern-
ments, DDA Board of Directors, Ethics Board, Finance Committee, Joint
Utility District Advisory Committee, MPO Policy Board, Poudre R-1 Liaison
Committee, and the Poudre Study Committee. A list of current assignments
is attached for Council's information.
Council discussed the board liaison appointments at the retreat and in-
dicated that those appointments would remain the same. The Resolution
formalizes that discussion and lists the liaison assignment for each board
and commission.
The Resolution does not include appointments to the Airport Authority,
Platte River Power Authority, or Poudre Fire Authority. Councilmember John
Knezovich has been appointed to serve on the Platte River Power Authority
Board of Directors in lieu of the Mayor and will serve during the term of
the current Mayor. Councilmembers Bill Elliott and Kelly Ohlson serve on
the Poudre Fire Authority Board of Directors, with terms that expire in
December, 1984. Ed Stoner is an appointed member of the Airport Authority,
with a term running until July, 1985.
Council needs to select the Councilmembers to be appointed to each of the
assignments and adopt the Resolution."
Mayor Horak read the names of the Councilmembers that will serve for the
upcoming year.
-21-
July 3, 1984 '
Councilmember Elliott made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-101 inserting the names suggested by Mayor Horak.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: The completed Resolution was as follows.)
RESOLUTION 84-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING COUNCILMEMBERS TO VARIOUS
COMMITTEE ASSIGNMENTS
WHEREAS, the City Council has established a number of Committees and
from time to time makes appointments to these various Committees; and
WHEREAS, from time to time, the Council is also called upon to appoint
representatives to other organizations of which the City is a member;
and I
WHEREAS, the Council wishes to appoint Councilmembers to serve in
these various assignments for indefinite terms.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the following named Councilmembers be, and they hereby are,
appointed to serve in the designated assignment until such time as the
Council may decide to make new appoint ments.
CARE-A-VAN/TRANSFORT SERVICES COMMITTEE
Barbara Rutstein
John Clarke
COUNCIL OF GOVERNMENTS
Gerry Horak
Kelly Ohlson, alternate
DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS
Barbara Rutstein
John Clarke, alternate ,
-22-
July 3, 1984
ETHICS BOARD
Ed Stoner
Bill Elliott
Kelly Ohlson
FINANCE COMMITTEE
Bill Elliott
John Knezovich
Ed Stoner
JOINT UTILITY DISTRICT ADVISORY COMMITTEE
Bill Elliott
Gerry Horak
METROPOLITAN PLANNING ORGANIZATION POLICY BOARD
Kelly Ohlson
POUDRE R-1 LIAISON COMMITTEE
Barbara Rutstein
John Knezovich
COUNCIL BOARD LIAISON APPOINTMENTS: LIAISON:
- BUILDING BOARD OF APPEALS John Knezovich
- BUILDING CONTRACTORS LICENSING BOARD Barbara Rutstein
- CHOICE ADVISORY COMMITTEE Ed Stoner
- COMMISSION ON DISABILITY Kelly Ohlson
- CULTURAL RESOURCES BOARD Bill Elliott
- DOWNTOWN DEVELOPMENT AUTHORITY John Clarke
' - ELECTION BOARD John Knezovich
-23-
- GOLF BOARD
- HOUSING AUTHORITY
- HUMAN RELATIONS COMMISSION
- LANDMARK PRESERVATION COMMISSION
- LIBRARY BOARD
- LIQUOR LICENSING AUTHORITY
- PARKING COMMISSION
- PARKS AND RECREATION BOARD
- PERSONNEL BOARD
- PLANNING AND ZONING BOARD
- RETIREMENT COMMITTEE
- SENIOR CITIZENS BOARD
- STORM DRAINAGE BOARD
July 3, 1984
Ed Stoner
Kelly Ohlson
Barbara Rutstein
John Clarke
Barbara Rutstein
John Knezovich
John Knezovich
Gerry Horak
John Clarke
Gerry Horak
Kelly Ohlson
Ed Stoner
- WATER BOARD Gerry Horak
- ZONING BOARD OF APPEALS John Clarke
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 3rd day of July, A. D. 1984.
r
ATTEST:
City Clerk
Resolution Appointing a Representative
to the Larimer County Community Action
Board, Adopted
Following is the staff's memorandum on this item:
-24-
July 3, 1984
"The Larimer County Community Action Board is an advisory body to the
Larimer County Department of Human Development. The City has been repre-
sented on the Community Action Board since 1979. Gail Woods was appointed
as the City's representative in 1981 but has now tendered her resignation
from the Board.
A replacement needs to be appointed to represent the City on the Board.
Gail Woods' letter of resignation is attached. She has recommended Carol
Osborne as her replacement."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Resolution 84-102. Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager's Report
Deputy City Manager Rich Shannon reported that the building permit for the
Holiday Inn had been issued and that the permit fees and taxes collected
were in excess of $231,000.
Councilmembers' Reports
Councilmember Knezovich reported on the APPA conference in Boston and
commented on the many awards presented to the City of Fort Collins. He
noted the PRPA General Manager, Jim Pendergast, was now on board as of July
1 and commented on the Rawhide dedication ceremony.
Citizen Participation
A. Proclamation Naming July 4 as Honor America Day was forwarded to the
appropriate persons.
B. Proclamation Naming July 4-6 as Olympic Preview Days was accepted by
1� athM ram Sports Unlimited.
C. Proclamation Naming July 15 - 22 as Colorado Recycling Week was for-
warded to the appropriate persons.
Barbara Hoehn, 1418 West Oak, read a statement again requesting an account-
ing of City costs associated with the trolley project.
-25-
July 3, 1984
Resolution Recommending the Establishment
of a Fee to be Charged to Development
Proposals in the Urban Growth Area Which
Receive a Waiver to the Off -site Street
Improvement Requirement Phasing Criteria,
Adopted as Amended
Following is the staff's memorandum on this item:
"In August, 1983, the Intergovernmental Agreement for the Fort Collins
Urban Growth Area was amended to include a waiver process for the off -site
street improvement requirement phasing criteria for in -fill development
projects. The amendment included a provision that in -fill developments
which are granted a waiver would pay a fee to cover the development's fair
share of street improvement costs. This item deals with the establishment
of the fee and proposes the dollar amounts for the fees for residential,
commercial, and industrial development.
The methodology used to calculate the UGA off -site street improvement
waiver fee is consistent with the methodology used by the City of Fort
Collins to determine its street oversizing fee. This methodology uses the
"typical" square mile approach, where the average number of developed acres
per land use type is estimated for a square mile. Developed acres are then
modified by a traffic generation weight factor to estimate the impact each
land use type would have on the street network. These impacts are then
related in a proportional manner to the total cost of building arterial
streets (see attachment).
According to the methodology used, the fees are as follows:
Commercial fee per acre $11,150
Industrial fee per acre $ 5,575
Residential dwelling unit fee $ 350
The above fees will only off -set the cost of arterial street construction
in the UGA if applied to all building permits in the UGA and not just to
those permits located in developments which were granted waivers. New
development within the UGA will have the same impact on arterial streets
whether that development takes place on an existing lot or a lot which is
part of a development which is granted a waiver. Since the impacts are
the same, it is logical the costs be shared equally by all development, and
the fees be charged to all building permits.
Staff Recommendation
Staff recommends establishment of the following fees to be charged to all
building permits within the UGA:
-26-
1
July 3, 1984
Commercial fee per acre $11,150
Industrial Fee per acre $ 5,575
Residential dwelling unit fee $ 350
During the review of this item by the Planning and Zoning Board, several
questions were raised concerning the reduction of fees if certain off -site
improvements were to be made by a developer. Staff sees no problems with
negotiating with a developer for certain off -site improvements for a
reduction of fees.
Planning and Zoning Board Recommendation
The Planning and Zoning Board at their regular monthly meeting on May 30,
1984, voted 6-1 to establish the fees indicated above. A copy of the
Board's minutes is attached."
Director of Planning and Development Curt Smith reviewed the proposal for
the waiver fee noting the calculations used were consistent with the method
used to determine the street oversizing fee. He noted this method looks at
a typical square mile of development and allocates the cost of the street
improvements back to the development in that square mile. In addition, the
fees were adjusted on the basis of trip general factors. He noted this
Resolution, if adopted, would go on to the Larimer County Commissioners for
their consideration.
Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to
adopt Resolution 84-103.
Councilmember Knezovich expressed concern that the calculations for resi-
dential standards were based on eight dwelling units per acre. He asked
for a comparison of dwelling units in developments in the county as com-
pared to the City. He suggested a higher number of units per acre might be
used.
Curt Smith noted there had been very little residential development in the
county since 1980 when the Urban Growth Area was established. He added
they had used an average density of development occurring, in the City, but
that they had considered using an acreage figure. Staff felt if the
densities got very high, the fee would be too low and if the densities were
low, it might be an unfair burden to the developer. He stated they had
also considered a variable fee based on an acreage fee and adjusted by the
units proposed for each project. That was determined to be unworkable from
an administrative standpoint since there would be a different fee for every
project. He pointed out the average development density would be evaluated
annually and the fee would be adjusted accordingly.
-P7-
July 3, 1984
Councilmember Knezovich suggested a residential fee of $2,800 per acre.
Curt Smith replied that therre might not be $2,800 of impact on a project
with very low density, but that was an option.
Councilmember Rutstein asked what assurances the City had that the fees
would be used in the areas where it is collected.
Mr. Smith replied that the intergovernmental agreement requires the money
to be used on the streets that are impacted by the project. If the money
is not used by the time the property is annexed, it would be turned over to
the City.
Councilmember Knezovich made a motion, seconded by Councilmember Elliott,
to amend Resolution 84-103 to reflect a residential fee per acre of
$2,800. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Elliott's motion to adopt Resolution 84-103 as '
amended was as follows: Yeas: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Waiving Off -Site Street
Improvements Requirement for Development
in the Urban Growth Area for the
Springfield Recreational Center, PUD, Adopted
Following is the staff's memorandum on this item:
"This is a request to waive the off -site street improvement UGA development
requirement for the Springfield Recreational Center PUD. The site is 10.6
acres in size and is located on the west side of Taft Hill Road, north of
the Horsetooth Shoppette. The site is zoned C-Commercial in the County and
is proposed to be developed into four lots for boat sales/storage and
mini -warehouse storage. The property is not eligible at this time for
annexation into the City of Fort Collins.
In order for a site to develop in the UGA, several phasing criteria,
dealing with public water and sewer, public street capacity, and contiguity
to existing development, must be met or a waiver to the requirements be
granted by the City and County. In regards to the Springfield Recreational '
'sa.M
July 3, 1984
Center PUD, public water and sewer could be provided to the site if an
out -of -city service request is approved by the Council (no such request has
as yet been made); and the site has contiguity to existing development
(Imperial Estates). Off -site street improvements for this proposal would
require improving Taft Hill Road, to full arterial standards, to Drake Road
or improving Taft Hill Road from the site to Horsetooth Road and then
improving Horsetooth Road to Shields Street. In either case, more than
one mile of arterial street would be required.
The applicant's request is to waive the off -site street improvement re-
quirement of the UGA phasing criteria (see attached letter). The intent of
the waiver process was to give priority to in -fill development whose impact
on existing services and facilities is relatively minimal. The site is an
in -fill site with an existing residential subdivision to the east, mobile
home parks to the north and west and the Horsetooth Shoppette to the south.
All of these areas developed in the County prior to the adoption of the
UGA.
Based on the proposed uses of the property and their projected traffic
generation based on a traffic study, the following improvements would be
' needed in order for the existing street network to handle the additional
expected traffic (see attached memorandum from Rick Ensdorff, Traffic
Engineer):
1. A traffic signal at the intersection of Taft Hill Road and Horsetooth
Road. _
2. Widening of the intersection of Taft Hill Road and Horsetooth Road to
allow for southbound left -turn movements and westbound left -turn
movements.
3. Widening of Taft Hill Road to allow for left -turn from Taft Hill Road
into the site.
4. Widening of the intersection of Taft Hill Road and County Road 38E to
allow for northbound left -turns.
Staff Recommendation
Although the site is an in -fill site, the impacts of the proposed commer-
cial uses in terms of traffic volumes must be considered. When the waiver
process to the UGA phasing criteria was expanded to include the off -site
street improvement requirement it was expected that waivers would be
typically applied to in -fill residential proposals. Non-residential
development proposals of this scale and magnitude were not anticipated. An
' analysis of the applicant's traffic impact study suggests that while a
-29-
July 3, 1984 '
full waiver to the off -site street improvement requirement is not appro-
priate, a waiver with specific conditions could improve existing conditions
to a safe level. Also, improving Taft Hill Road to a full arterial stan-
dard would be difficult since there is not adequate right-of-way and the
property to the east is in numerous ownership.
Staff recommends approval of the waiver request subject to the following
conditions:
1. A traffic signal be installed at the intersection of Taft Hill Road and
Horsetooth Road.
2. The intersection of Taft Hill Road and Horsetooth Road be widened to
allow for southbound left -turn movements and westbound left -turn
movements.
3. Taft Hill Road be widened at the site to allow for left -turns from Taft
Hill Road into the site.
4. The intersection of Taft Hill Road and County Road 38E be widened to
allow for northbound left -turn movements.
Planning and Zoning Board Recommendation '
The Planning and Zoning Board at their regular monthly meeting of May 30,
1984, voted 5-2 to recommend approval of this waiver request subject to the
staff's conditions. A copy of the Board's minutes is attached."
Director of Planning and Development Curt Smith reviewed the waiver re-
quest, explained the four conditions placed on the waiver approved by the
Planning and Zoning Board, and noted that if the cost of these improvements
is less than the proposed $118,000 fee, the developer would pay the differ-
ence between the cost of the improvements and the $118,000 fee. If the
improvements are greater than the $118,000, the developer would only be
required to put the improvements in place. He added that all of the listed
improvements are on arterial streets. For that reason, staff felt that
because the developer is upgrading the arterial street network, and the fee
is designed for upgrading the arterial street network, the cost of the im-
provements should be deducted from the fee.
Curt Smith pointed out that without this waiver, the developer would be
required to construct a four -lane arterial street from their property to
Shields or Drake at a cost of approximately $1.7 million.
Councilmember Knezovich suggested staff draft some alternative language to
reflect the City's intent not to collect the fee and to require the im-
provements to be made. '
-30-
IJuly 3, 1984
Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to
adopt Resolution 84-104 with the addition of language to clarify the City's
intent.
Vern Sunset, 1512 Miramont Drive, property owner and developer, reviewed
the history of this property and noted he had been waiting for the waiver
process to be in place in order to develop his land. He asked Matt Delich,
traffic engineer, to address the impact this project would have on the
existing street system.
Mr. Delich, traffic consultant from Loveland, noted the traffic impacts
were the signal at Taft Hill and Horsetooth Road (County Road 40), appro-
priate widening at that intersection to handle left turning traffic, and a
bicycle lane on the east side of Taft Hill Road. He disputed the need for
points 3 and 4 to be funded by the developer of the Springfield Recreation
Center.
Steve Francis, 1715 Whedbee, attorney representing the developers, noted it
might be easier to think of the improvements the developer does as "payment
in kind". He noted no one knows the cost of the four conditions and they
may exceed $118,000. The developer wants to "hold the line" at those
' improvements actually made necessary by the project.
Councilmember Rutstein expressed concern about the impact of 1,900 extra
cars on Taft Hill Road, Drake Road, and Horsetooth, and noted she could not
support this waiver request. She felt the developer should pay the fee as
well as make the four requested improvements.
Councilmember Stoner noted he was in favor of the waiver request and noted
if the cost of the improvements exceeded $118,000, some of those improve'=
ments would be of direct benefit to the developer and his project.
Mayor Horak stated he did not feel the waiver fee dealt with this develop-
ment. He suggested staff might want to take another look at the waiver fee
just adopted.
Curt Smith suggested that the phrase "and to pay the requisite UGA waiver
fee" be deleted from point 4 of Resolution 84-104 and a point 5 be added as
follows:
"5. Pay the UGA waiver fee, offset by the cost of the above
referenced improvements. In the event that the cost of said
improvements exceeds the waiver fee, there shall be no
refund to the developer."
' The vote on Councilmember Clarke's motion to adopt Resolution 84-104
incorporating Smith's recommended language was as follows: Yeas: Council-
-31-
1
members Clarke, Elliott, Knezovich, Ohlson, and Stoner.
members Horak and Rutstein.
THE MOTION CARRIED.
Resolution Regarding the Five Year
Review of the Performance of the
World Company (d/b/a Columbine
CableVision) Under the Terms of the
1978 Franchise Agreement,
Tabled until September 4, 1984
Following is the staff's memorandum on this item:
July 3, 1984
Nays: Council -
"The proposed Resolution sets out the procedure that the City Council has
followed in handling the five year review of the performance of the World
Company (d/b/a Columbine CableVision) under the terms of the 1978 Franchise
Agreement. The Resolution documents the extensive activities the past 12
months, including:
o the creation of the Cable Franchise Review Committee and its
activities,
o the Committee's report with findings and recommendations to City
Council,
o the public hearing held by City Council to receive public input and
consider the recommendations of the Committee,
o the response to those recommendations by the Franchisee, and
o the City Council's acknowledgment that the Franchisee has agreed to
make certain changes in specific areas.
The Resolution concludes by stating that the City Council adopts the
recommendations of the Cable Franchise Review Committee, accepts the res-
ponse to those recommendations by the Franchisee provided that the changes
proposed by the Franchisee are made and that the five year review is now
satisfactorily completed."
Councilmember Stoner made a motion, seconded by Councilmember Elliott, to
adopt Resolution 84-105.
Dolph Simons, Jr., Lawrence, Kansas, noted this review had been going on
the past six or seven months and that the 5-year Review Committee had
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July 3, 1984
determined that Columbine had met or exceeded the terms of the franchise
and should be commended for the first four years of operation. He stated
Columbine was prepared to change, alter, modify, or review various opera-
tions or situations pinpointed by the Committee, City staff, and City
Council. He added Columbine would be delivering a check for franchise fee
payment from the Larimer County subscribers.
He expressed the desire to work closely with City residents and officials
in the areas of public access programming and other cable related matters.
He addressed the question of payment of sales tax and noted his company was
assisting subscribers in applying for refunds from the state. He urged
Council to adopt the Resolution concluding the 5-year review.
John Pharris, attorney representing Columbine CableVision, spoke to the
sales tax issue and the statutory procedures for processing refunds.
Mr. Simons again stressed the need for more frequent meetings between the
City and Columbine perhaps on an annual basis or more often.
Councilmember Knezovich noted $140,000 had been remitted erroneously to the
' State Department of Revenue and asked if there was a procedure to allow
Columbine to make blanket refunds to its subscribers.
Mr. Pharris replied that the State Department of Revenue had expressed a
willingness to work with Columbine in any manner to resolve the issue. He
noted the State had determined it would cost approximately $20 per each $10
refund they processed and that it was the customer's responsibility to
apply for the refund. He stated Columbine was willing to work on a solu-
tion that would allow the entire $140,000 to be returned to Fort Collins.
Simons suggested a City staff person be designated to learn more about
cable television and that person should attend the National Cable TV show
where seminars and exhibits focus on the latest cable television technology.
Councilmember Rutstein asked for a schedule of the technology updating
planned for the next five years.
Simons noted broad or general goals could be formulated for the next five
years and that more specific information could be provided about the facets
of the cable system such as programming once the review was completed.
Councilmember Rutstein expressed concern about the creation of a Public
Access Board as recommended by the Review Committee. She felt it was
important to have that Board in place before concluding the 5-year review
' process. Her concept of that Board was that it would have a budget and
administer the budget, would screen the kinds of programs produced by
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July 3, 1984
public access groups. The Board would also need studio time and equipment. '
She noted she could not support the Resolution until she was assured of a
5-10 year commitment to public access. She also stated she supported the
creation of a Cable Advisory Board that would allow citizens to give input
to Columbine throughout the year on such topics as theft of service and
other cable related issues. She again noted she was not willing to adopt
the Resolution until both Boards were in place.
Simons noted the Review Committee had been set up to evaluate the perfor-
mance of Columbine for the past 5 years and if the Committee found that
Columbine had met or exceeded the provisions called for in the franchise,
that was the basis of the Resolution before Council. He did not feel plans
for the future should be considered part of the review process.
James Heaton, 416 North Roosevelt, spoke to the review process and to the
public access provisions offered by Columbine. He urged Council to post-
pone action on this Resolution until more information is obtained.
Jack Manno, 315 E. Olive, noted his involvement with High Plains Arts and
their interest in producing video tapes. He emphasized the community's
interest in producing programs if given the opportunity. He urged post-
ponement of action on the Resolution.
Councilmember Rutstein made a motion, seconded by Councilmember Ohlson, to
table Resolution 84-105 for 60 days (September 4) until the Cable Advisory ,
Board and the Public Access Board are set up; until a leased access policy
is established and until a technology update timetable is formulated with
general dates for the updating of equipment over the next 5 years. Yeas:
Councilmembers Clarke, Ohlson, Rutstein and Stoner. Nays: Council -
members Knezovich, Elliott, and Horak.
THE MOTION CARRIED.
Ordinance Issuing $9.8 Million Dollars
of Industrial Development Revenue Bonds
for the John Q. Hammons Project, adopted on First Reading
Following is the staff's memorandum on this item:
"On December 20, 1983, the City Council passed Resolution 83-217 inducing
John Q. Hammons to construct a 256 room hotel/convention center at the
intersection of W. Prospect Street and Center Avenue. We have included the
Inducement Resolution as well as the Agenda Summary that accompanied
it.
Since this project has an Inducement Resolution dated prior to June 19,
1984, it will be grandfathered out of the 1984 tax legislation concerning
Industrial Development Revenue Bonds. The Inducement Resolution was also '
passed prior to the establishment of our current inducement policies.
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July 3, 1984
Section 4(f) of the Bond Ordinance states: "Nothing contained herein shall
constitute a warranty giving rise to any liability of any kind or nature
of the Issuer."
The City will collect upon closing its issuer's fee of 1/16 of 1% of the
bonds as well as any out-of-pocket expenditures incurred in handling the
Bond transaction. We will inform City Council of the issuance fee when it
is determined.
The amortization schedule on pages 5 & 6 will be completed at Tuesday's
meeting."
Councilmember Clarke made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 92, 1984 on First Reading including the amortization
schedule.
Assistant City Attorney Paul Eckman noted he would read the amendments into
the record relating to the amortization schedule.
Ronal Newbanks, attorney from the Cincinnati law firm of Taft, Stettinius
and Hollister, bond counsel for the applicant, reiterated the project
details and indicated the hotel is scheduled to open in May of 1985. He
added the City was in no way obligated for the repayment of this debt as it
was the sole obligation of John Q. Hammons, Inc. The bonds have been sold
to Western and Southern Life Insurance Company and the project will close
upon the passage of this ordinance.
Councilmember Stoner asked -why the developer would develop the property
prior to receiving final approval on the bonds.
Jim Heaberlin, representing John Q. Hammons, replied that it was a normal
custom to begin the project once an inducement Resolution has been adopted.
He noted actual construction had begun March 1.
Newbanks added that it was customary for the developer of a project to
begin construction once an inducement is granted. The construction is
financed either out of internally generated funds on an interim basis or
the developer gets a gap loan from the end lender, the bond purchaser.
Councilmember Knezovich expressed doubt that this project could be built
for $9.8 million.
Newbanks replied that much of the furniture and fixtures would be leased
not owned. This will keep the project under the $10M limit. He added it
was his feeling that eventually there would be a liquor license at this
site and that even if the district court decision is appealed successfully,
Mr. Heaberlin would be able to carry the project with decreased revenue
' until the liquor license question is resolved in his favor.
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u
July 3, 1984
Bruce Lockhart, 2500 Harmony Road, asked for clarification on the tax
legislation and stated he felt Council should not aid any of the hotels
being proposed unless all are treated equally.
Councilmember Ohlson stated he did not feel this was an appropriate use of
IDRB's and noted he would not be supporting the Ordinance.
Councilmember Knezovich stated he felt there was no alternative except
passage of the bond ordinance since the inducement Resolution had been
adopted in December of 1983.
Councilmember Clarke stated there was a need for Council to be consistent
with its decision to induce the project and to demonstrate the City's good
faith to the developer by following through on its earlier decision.
Councilmember Rutstein noted she did not support the inducement Resolution
and would not support the bond ordinance.
Councilmember Horak noted he felt this particular hotel would be built with
or without these bonds and would not be supporting the ordinance.
The vote on Councilmember Clarke's motion to adopt Ordinance No. 92, 1984
,
as amended was as follows: Yeas: Councilmembers Clarke, Elliott, Knezo-
vich, and Stoner. Nays: Councilmembers Rutstein, Horak and Ohlson.
Ordinance Appropriating Funds for a
"Landscaping Package" in Horsetooth
Road Special Improvement District
No. 83, Adopted on First Reading
Following is the staff's memorandum on this item:
"BACKGROUND
On June 5th, the Council considered several resolutions and ordinances
creating the Horsetooth Road Special Improvement District No. 83. At that
time, staff asked that one item be tabled until July 3rd to allow time
for staff to negotiate further with the district participants on the
proposed landscaping along the sides of the street. Those negotiations
have been successfully concluded. The ordinance now presented to the
Council will fund the construction of a landscaped median along Horsetooth
Road from the Burlington Northern Railroad west to Shields Street. The
property owners have agreed to pay the cost of landscaping the area between
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the back of the curb and the sidewalk (with
below). This ordinance will result in a street
and virtually complete in terms of appearance in
both sides of the road.
GENERAL SUMMARY OF IMPROVEMENTS
July 3, 1984
some exceptions described
project that is attractive
the developing corridor on
The purpose of this Special Improvement District is to construct the street
improvements and storm drainage improvements, for Horsetooth Road from the
BNRR to Shields Street.
The City Manager requested that staff investigate the costs of landscaped
medians and landscaping between the curb and the sidewalk, so that the
project could be landscaped at the same time the street improvements are
constructed.
We have contracted with Shiloh Inc., the District's Engineer, for the
design of the landscaping. Shiloh contacted the owners of the district and
they are willing to add the landscaping costs for the areas between the
curb and sidewalk to the District. However, they felt that the landscaped
medians were an improvement to the City in general, and were not willing to
pay for them.
Along one portion an irrigation lateral, which presently serves the Warren
Property, will be run along the south side of Horsetooth, between the curb
and the sidewalk, preventing this area from being fully landscaped (with
trees). The adjacent property owners, Chism and Brown Farm, are not
actively developing now and will not participate in the landscaping at
this time. They will landscape in the future when this ditch is abandoned
and they proceed with development plans. Michie's property is already
landscaped, therefore no further work is needed.
Street Oversizing Funds are adequate to cover the landscaping costs and can
be appropriated to fund the construction of the landscaped medians.
CRITERIA FOR STREETSCAPE DESIGN:
Shiloh Engineering hired CRM Architects and Planners to design the land-
scaping and irrigation systems. After meeting with City Engineering and
Parks and Recreation Staff, CRM proposed the following basic criteria for
the streetscape design.
1. Design should be responsive to ecological conditions of Fort Collins in
general and a major arterial street in particular.
2. Design should be aesthetically attractive to demonstrate the city's
concern for appropriate streetscapes.
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1
July 3, 1984
3. Design should demonstrate fiscal responsibility of both initial instal-
lation cost and long term maintenance cost.
4. Proposed landscape materials should be considered for visual sight
lines of both pedestrians and vehicular traffic.
STREETSCAPE DESIGN CONCEPT:
The following concepts are proposed by CRM Architects and Planners.
"Fort Collins' semi -arid climate and generally poor soil conditions require
special attention to selection of landscape materials. Traditionally these
conditions have been modified by irrigation and chemical soil enrichment.
As growth of our community continues, water conservation and contamination
become increasingly important issues. The City of Fort Collins has
become a leader in application of innovative solutions to energy use and
natural resources. Some city streetscapes have already been installed
which reflect responsive attention to our natural environment."
"This project offers an opportunity to demonstrate use of landscape ma- '
terials compatible with our climate and natural soils on a large scale."
"The streetscape design concept utilizes ground cover grasses which do not
require irrigation systems or chemical fertilizers. Major tree plantings
are generally drought resistant. Minor tree species and shrubbery selec-
tions are drought tolerant and require minimal care."
"Arrangement of plantings R.O.W. to R.O.W. (Right of Way to Right of Way)
address several factors. In addition to climate and soils previously
noted, visual sight lines, winter sun shading of the street and adjacent
private properties is considered. Also, long term city maintenance cost of
the median has been taken into account."
"The narrow medians at turning lanes near street intersections afford
little space (3') for landscaping materials. While low plantings such as
Buffalo Junipers would be aesthetically attractive, their long term sur-
vival is suspect. Excessive heat from asphalt pavement, damage from snow
removal and street sanding (salt) are detrimental to plant life. To
maintain plantings in this portion of the street median will require
additional maintenance funding for periodical plant replacement." (Staff
believes this cost would be very minimal.)
"Trees are grouped in medians with each grouping containing a major tree
which repeats along the length, of the project. Another tree of smaller '
scale is repeated in R.O.W. tree groupings. This approach provides a
am
July 3, 1984
continuity to the total design. Grouping of trees affords more efficient
use of maintenance time, greater visual impact, and allows open spaces
for the winter sun to assist snow melt. Form, texture, and color is
considered in selection of each planting group. Selective use of conifer-
ous plantings provide color during dormant seasons of deciduous plantings."
"The median area is planned to be irrigated with bubbler type devices which
will be operated by manual control valves. As median plantings mature,
irrigation of the median would decrease. The R.O.W. landscaping would not
be irrigated and property owners would be allowed to modify plantings as
development occurs. Modifications would be reviewed on their compatibility
with the total design concept."
"In summary, the described streetscape design will meet all criteria set
forth and clearly demonstrate the value of planting species compatible to
our climate conditions."
STREETSCAPE DESIGN:
The R.O.W. landscape areas between the curb and walk on the north side will
receive native grass seeding, and
a variety of deciduous
and evergreen
trees and shrubs. The south side
west half mile on the south side will
will receive similar
not be landscaped at
treatments. The
this time due to
the irrigation lateral which serves
the Warren Property.
When the Warren
property develops, the ditch will
be abandoned and the
developers will
then landscape. The R.O.W. areas
will not be irrigated
except that the
trees will be watered by truck when
required.
As development occurs adjacent to the street, the developer will be en-
couraged to further enhance this landscaping by adding more plants, and if
they wish, replace the native grass with Kentucky Blue Grass and provide an
irrigation system. The landscaping maintenance will be contracted out for
one year and then maintained by the City Parks and Recreation Crews until
development occurs. The developments will then be required to take over
the maintenance of the landscaping in the areas between the curb and the
sidewalk.
The landscaped medi.ans will be 13' wide and will be constructed the full
length of the project, from the BNRR tracks to Shields Street. The medians
adjacent to the left turn bays will narrow to 3'. The 13' width will be
bordered on both sides with 2' of red exposed aggregate concrete. This
will serve as a decorative border to the landscaped median and will also
protect the plantings. The remaining 9' will receive native grass plant-
ings and a variety of deciduous and evergreen trees and shrubs. The
narrow 3' median will have planters, planted low evergreen shrubs, separ-
ated with red exposed aggregate concrete. The medians will be provided
' with bubbler irrigation systems.
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July 3, 1984
SUMMARY OF COSTS
The revised estimated costs of the improvements to the District partici-
pants and to the City are shown below. These estimated costs include all
costs associated with the District and approximately 10% contingency.
DISTRICT IMPROVEMENT COSTS ( Revised 6/28/84)
District Costs:
Street and Drainage Improvements $545,220
Landscaping Between Curb and Sidewalk 38,000
Total District Costs: $583,220
City Costs:
Street Oversizing 392,700
New Mercer Canal Box Culvert Extension 51,000
Southside Baptist Church Costs* 16,414
Southside Baptist Church ROW Acquisition* 3,000
Michie ROW Acquisition 2,400
Light & Power (Pole & Vault Relocates) 20,000
Landscaped Medians 116,000
Total City Costs $601,500
Total SID Construction Costs $1,184,720
*The Church is considering an agreement to reimburse the City in the future
for their share of the costs. Staff will update the Council on the status
of this agreement at the Council meeting. This district was initiated by
the staff because of the urgent need to improve Horsetooth Road. Leaving
the improvements along the church frontage out of the project would greatly
impair the benefits of the project. Staff believes this trade-off with the
church agreeing to pay for the improvements at some future time is to the
greatest advantage of the city as a whole. Final action on the Church
agreement will not be required until July 17th.
FUNDING CITY COSTS
The remaining capital funds in the Horsetooth
($337,800) will be transferred to this project,
will be used to fund the remaining $263,700,
City.
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Road. - SID No. 76 Project
and Street Oversizing Funds
of the $601,500 cost to the
IJuly 3, 1984
As shown above, the total street oversizing reimbursement that would
normally be required for this project has been estimated at $392,700,
however because of the carry over funds from SID No. 76, only $263,700
will be needed from the Street Oversizing Fund. The Street Oversizing Fund
has the available funds.
Landscaped medians are not a normal Street Oversizing cost. However, as
shown above the Street Oversizing Fund is in effect receiving a reduction
of its obligation of $129,000 due to the transfer of surplus capital funds
from S.I.D. 76. So actually the landscaped medians will be funded with
capital funds, and Street Oversizing will have to pay less of its obliga-
tion.
The fund transfers are as follows:
Transfer Horsetooth Road SID
No. 76 Funds
$337,800
Appropriate Street Oversizing
Funds (from
147,700
previous Council action on
June 5th)
Appropriate Street Oversizing
Funds (for
116,000
landscaping medians)
'
TOTAL CITY FUNDS
STAFF RECOMMENDATIONS
$601,500
This district will complete a key portion of the City's master street plan
and will improve an inadequate two lane road with high maintenance costs,
to a functional four lane arterial with low maintenance costs, bike lanes,
and sidewalks. The landscaping will greatly enhance this project and
provide an attractive streetscape.
Staff recommends the approval of this Ordinance, which will appropriate an
additional $116,000 from Street Oversizing to fund the cost of the land-
scaped medians."
Councilmember Clarke made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 75, 1984 on First Reading. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Adjournment
Councilmember Clarke made a motion, seconded by Councilmember Ohlson,
' to adjourn the meeting until 5:30 p.m. on July 10. Yeas: Councilmembers
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July 3, 1984 '
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
The meeting adjourned at 11:35 p.m.
ATTEST:
Z
City Clerk
Mayor
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