HomeMy WebLinkAboutMINUTES-10/18/1988-RegularOctober 18, 1988
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, October 18, 1988, at 6:30 p.m. in the Council Chambers in the City
of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur.
Staff Members Present: Burkett, Krajicek, Roy
Citizen Participation
A. Presentation of Plaque of
$1,000 Donation to Parks and
to Mark Williams of Hardees.
B. Proclamation Su000rting the
' Relationship with Zapopan,
of Fort Collins.
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was accepted by Ann Nelson
C. Proclamation Naming October 16-22 as Venture Week was accepted by Julie
Markley, President of the Fort Collins Venture Club.
D. Proclamation Naming October 23-29 as Financial Independence Week was
received by Sarah Bandes, President of the Northern Colorado Chapter of
the International Association for Financial Planning.
E. Proclamation Naming November. December, and January, 1989 as Better Air
Campaign Months was received by Rich Fisher, representing the Natural
Resources Board.
F. Proclamation Naming October, 1988 as Ice Skating Month in the City of
Fort Collins was accepted by Jeff King, Ice Arena and Pool Manager at
EPIC, along with EPIC's mascot bear.
Jim Creeden, 4020 Goodell Lane, #4, commented on the proposed sexual
orientation ordinance.
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October 18, 1988
David Lauer, Fort Collins resident, commented on his inability to obtain a '
copy of a police report at no cost and described a personal incident
involving a hit and run motor vehicle accident. He expressed concern over
the Fort Collins Police Department's follow-up procedures on motor vehicle
accidents.
Agenda Review: City Manager
City Manager Burkett stated there was an additional resolution relating to
proposed Constitutional Amendment #6 to be considered under Other Business.
Councilmember Kirkpatrick asked that Item #22, Motion Approving a Request
for a Waiver from the Public Street Capacity Requirement to Construct
Off -Site Street Improvements for the Replat of Lot 11, Block 2 of East
Mulberry Subdivision as Required by the Intergovernmental Agreement between
the City of Fort Collins and Larimer County, be pulled from the Consent
Agenda.
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 #26, Pulled Consent Items.
5. Consider approval of the minutes of the regular meeting of October 4.
Items Relating to the Buckeye Farms, Inc. and Harold D. Einarsen
Annexation.
A. Hearing to Make Findings and Determinations Concerning the Buckeye
Farms, Inc. and Harold D. Einarsen Annexation.
B. Resolution 88-166 Setting Forth Findings of Fact and
Determinations Regarding the Buckeye Farms, Inc. and Harold D.
Einarsen Annexation.
C. Second Reading of Ordinance No. 114, 1988, Annexing Approximately
106.1376 Acres Known as the Buckeye Farms, Inc. and Harold D.
Einarsen Annexation.
D. Second Reading of Ordinance No. 115, 1988, Zoning Approximately
106.1376 Acres Known as the Buckeye Farms, Inc. and Harold D.
Einarsen Annexation, into the I-L Limited Industrial District.
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October 18, 1988
APPLICANT: Harold Einarsen OWNERS: Harold Einarsen and
526 Del Clair Road Sam Matsuda
Fort Collins, CO 80525 1050 E. County Rd. 76
Wellington, CO 80549
This Resolution sets forth findings and determinations that the area
is eligible for annexation pursuant to Colorado state law. Ordinance
No. 114, 1988, and Ordinance No. 115, 1988, which were adopted
unanimously on First Reading on September 6, annex and zone
approximately 106.1376 acres located north of Vine Drive and east of
I-25. The requested zoning is the I-L Limited Industrial District,
with a condition that all development proceed as a planned unit
development according to the criteria of the Land Development Guidance
System. The property is presently undeveloped. This is a voluntary
annexation.
Items Relating to the Pine Ridge First Annexation.
A. Hearing to Make Findings and Determinations Concerning the Pine
Ridge First Annexation.
B. Resolution 88-167 Setting Forth Findings of Fact and
Determinations Regarding the Pine Ridge First Annexation.
C. Second Reading of Ordinance No. 116, 1988, Annexing Approximately
23.1574 Acres Known as the Pine Ridge First Annexation.
D. Second Reading of Ordinance No. 117, 1988, Zoning Approximately
23.1574 Acres Known as the Pine Ridge First Annexation, into the
R-F Foothills Residential District.
APPLICANT: City of Fort Collins OWNER: City of Fort Collins
This Resolution sets forth findings and determinations that the area
is eligible for annexation pursuant to Colorado state law. Ordinance
No. 116, 1988 and Ordinance No. 117, 1988, which were unanimously
adopted on First Reading on September 6, annex and zone approximately
23.1574 acres located east of Centennial Drive and south of Dixon
Reservoir. The requested zoning is the R-F Foothills Residential
District. The property is presently undeveloped.
On October 3, 1988, The Board of County Commissioners voted 3-0 to
recommend approval of the Pine Ridge First and Second Annexations and
the concurrent expansion of the Fort Collins Urban Growth Area with a
recommendation to the City, Council that a condition be placed on the
annexation requiring that any future development proposal for the
property be forwarded to Larimer County for review and comment. The
City's purpose in acquiring the property was and is to preserve this
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October 18, 1988
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area as open space and protect it from development. In the unlikely '
event that the City would propose a non -recreational development on
the property in the future, the County would be notified, as would
adjoining property owners.
Items Relating to the Pine Ridge Second Annexation.
Hearing to Make Findings and Determinations Concerning the Pine
Ridge Second Annexation.
Resolution 88-168 Setting Forth Findings of Fact and
Determinations Regarding the Pine Ridge Second Annexation.
Second Reading of Ordinance No. 118, 1988, Annexing Approximately
333.4387 Acres Known as the Pine Ridge Second Annexation.
Second Reading of Ordinance No. 119, 1988, Zoning Approximately
333.4387 Acres Known as the Pine Ridge Second Annexation, into the
R-F Foothills Residential District.
APPLICANT: City of Fort Collins OWNER: City of Fort Collins
This Resolution sets forth findings and determinations that the area
is eligible for annexation pursuant to Colorado state law. Ordinance
No. 118, 1988 and Ordinance No. 119, 1988, which were unanimously '
adopted on First Reading on September 6, annex and zone approximately
333.4387 acres located east of Centennial Drive and south of Dixon
Reservoir. The requested zoning is the R-F Foothills Residential
District. The property is presently undeveloped.
On October 3, 1988, The Board of County Commissioners voted 3-0 to
recommend approval of the Pine Ridge First and Second Annexations and
the concurrent expansion of the Fort Collins Urban Growth Area with a
recommendation to the City Council that a condition be placed on the
annexation requiring that any future development proposal for the
property be forwarded to Larimer County for review and comment. The
City's purpose in acquiring the property was and is to preserve this
area as open space and protect it from development. In the unlikely
event that the City would propose a non -recreational development on
the property in the future, the County would be notified, as would
adjoining property owners.
This Ordinance, which was unanimously adopted on First Reading on
October 4, appropriates $25,925 in unanticipated revenue in the
Library Grants Fund, $11,740 for continuation of the Library Adult
Literacy Program, and $14,185 to fund cooperative purchase of
unabridged books on audio tape for five libraries in Larimer and Weld I
Counties.
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12.
October 18, 1988
Title 31, Article 23 of Colorado Revised Statutes contains the
statutory provisions of the State regarding planning and zoning in
municipalities. Article 23 is applicable to all statutory cities, and
to home rule cities to the extent that they have not legislated to the
contrary.
The City Code provides, in Section 2-353, that one of the functions of
the Planning and Zoning Board is to "exercise the authority vested in
it by state zoning laws." Article 23 is broken down into several
parts, one pertaining to plats, the other pertaining to planning
commissions, and the other pertaining to zoning. Staff believes that
Section 2-353(2) contains an ambiguity when it authorizes the Planning
and Zoning Board to exercise the authority vested in it by the State
"zoning" laws without making mention of state "planning" laws. Staff
recommends that the subsection be amended to provide that the Planning
and Zoning Board shall have the function of exercising the authority
vested in it by both State zoning and planning laws in order to
clearly and expressly avail the City of the "planning" related
statutes contained in Article 23. This Ordinance, which was
unanimously adopted on First Reading on October 4, makes that
amendment.
This Ordinance was unanimously adopted on First Reading on October 4.
This is a staff -initiated request to amend the definition of "aquarium
shop", which is contained in Section 29-1 of the Zoning Code. The
change is considered minor and consists of adding the sale of birds as
a permitted accessory use in an aquarium shop. This type of use is
specifically listed as a permitted use only in the B-L (limited
business) zoning district.
Staff finds that this minor change to the definition does not increase
the impact that aquarium shops have in the B-L zone, and that the land
use will remain low impact in character.
The recommended 1989 Budget, as presented, includes an overall rate
increase of 3.06% in monthly water fees. This overall rate increase
results from a 6.0% increase in unmetered water fees, and no increase
in metered water fees. These increases are based upon the Utility's
cost -of- service study which indicates water fees for unmetered
customers are currently too low.
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15.
October 18, 1988
The proposed rate increase is necessary to ensure that sufficient
revenue is generated to meet anticipated expenses and to comply with
City financial policies.
The last adjustment to water service fees was on January 1, 1986, when
a 9.0% increase was adopted. The proposed increase in unmetered water
fees will raise the monthly water bill for a typical single family
customer by $1.09 (from $18.15 to $19.24).
The ordinance, which was unanimously adopted on First Reading on
October 4, also changes Sections dealing with miscellaneous charges to
allow costs paid by new metered water customers to be included on the
Water and Sewer permit. New metered customers are currently billed
after they receive their water meter. The proposed change will
eliminate the need for the customer and Utility to process a separate
bill for the meter, and eliminate problems associated with collecting
unpaid bills for water meters.
of Storm Drainage Fees.
This Ordinance, which was unanimously adopted on First Reading on
October 4, sets the 1989 storm drainage fees.
The City-wide Operations and Maintenance Fee will increase 17% or
$0.16 from $0.94 to $1.10 per month for the typical single-family
residence. The increase in fees is needed to fund, for the first
time, the Stormwater Utility's share of utility. billing costs and an
increase in General Administrative Charges transferred to the General
Fund.
Basin Monthly Capital fees will increase from 0% or $0.00 per month to
15% or a maximum of $0.22 per month, for capital project construction
and debt service payments from the 1988 bond issue. There are no
proposed changes to Basin New Development Fees in 1989.
Items Relating to the 1989 Downtown Development Authority Budget
A. Second Reading of Ordinance No. 141, 1988, Setting the Mill Levy
for the Downtown Development Authority and Appropriating the
Annual Expenditures for 1989.
B. Second Reading of Ordinance No. 142, 1988, Appropriating
Unanticipated Revenue in the Downtown Development Authority Fund
for Payment of Debt Service for the Year 1989.
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October 18, 1988
16.
17.
The City and Larimer County have entered into a cooperative agreement
to build a sanitary waste transfer station. The facility is necessary
in order to close the Larimer County Landfill to liquid wastes which
may adversely impact groundwater. The Ordinance 1) appropriates in
the Wastewater Fund for transfer to the Capital Projects Fund an
additional $46,000 received from the County to cover construction
costs in excess of the engineer's estimate, and 2) appropriates
$72,458 for expenditure in the Capital Projects Fund. The total
amount of $72,458 includes $26,458 received from the County and
appropriated in the Wastewater Fund in July.
This Ordinance amends the affidavit of petition circulator page of the
general form for petitions for initiative, referendum, or recall.
Council approved the current general form of petition upon
recommendation of the City Clerk on May 5, 1987. That ordinance also
directed that a sufficient supply of printed petition forms be
available in the City Clerk's department to be provided to
petitioners.
The U.S. Supreme Court has recently ruled that it is illegal to
prohibit compensation to petition circulators. A Charter amendment
has been proposed by staff to bring the Charter into line with this
Supreme Court ruling. In the meantime, this Ordinance is presented to
amend the form of petition to remove the statement in the affidavit of
petition circulator "that the petition circulator has neither received
nor entered into any contract whereby in the future he or she will
receive any money or thing of value in consideration of or as an
inducement to the circulation of such petition by him or her."
Drainage Board.
Continuous coordination and interaction between the City and the
County is required in the areas of stormwater management. Many of the
drainage basins extend beyond municipal boundaries into the County,
and in the past the County has funded portions of the City's drainage
basin master plans and has formally adopted the same. For the past
eight years, a County employee responsible for stormwater management
at the County has been a member of the Storm Drainage Board. Due to
the limit on consecutive terms of board and commission members, this
individual was required to leave the board. Adoption of the Ordinance
would create an ex officio non -voting position for the County to the
' Storm Drainage Board. The Larimer County Board of Commissioners, at
its August 24, 1988 meeting, approved the concept by recommending Rex
Burns, Larimer County Floodplain Administrator, to hold this position.
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October 18, 1988
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20.
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The resolution authorizes the Mayor to enter into an intergovernmental
agreement with the West Fort Collins Water District. The purpose of
the agreement is to reduce overlap of service areas through an
exchange of facilities and customers.
Police Services has been awarded a
Highway Safety totalling $35,000.
assessed against convicted drunk
funds will be used to support the
program within Police Services.
majority of the salary of the DI
drunk driving enforcement.
Authority.
grant from the Colorado Division of
These monies are provided from fees
drivers across the state. These
existing drunk driving enforcement
The grant will provide for the
I Officer assigned to the lead on
On August 5, 1986, Council appointed Richard Shannon as the City's
representative on the Board of Directors of the Platte River Power
Authority to fill the unexpired term of Bill D. Carnahan. The term
expires on December 31, 1988. This Resolution appoints Richard
Shannon, the Utilities Director, to a new four-year term on the Platte
River Power Authority Board of Directors. He will serve on the Board
along with the Mayor's appointed representative, Chuck Mabry.
Resolution 88-155 Making Appointments to the Housing Authority.
Two vacancies currently exist on the Housing Authority due to the
resignations of Stephanie Padilla and Peggy Rolfes. Advertisements
were placed and interviews were conducted on September 29.
In keeping with Council's policy, recommendations for these
appointments were announced on October 4. The appointments were
postponed to October 18 to allow time for public input.
The prospective appointees are:
Name
John Kefalas (alt
Lora Beerbower
Anita Basham
Expiration of Term
July 1, 1989
July 1, 1990
July 1, 1993
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October 18, 1988
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22.
23.
Larimer County.
The applicant's request pertains to the replat of a lot in the East
Mulberry Subdivision, located at the southeast corner of the
intersection of Link Lane and Lincoln Avenue.
The Replat of Lot 11, Block 2 of East Mulberry Subdivision consists of
two lots on 1.5 acres. The El Dorado Restaurant is located on one of
the lots and an existing storage facility for the restaurant is
located on the other lot. The applicant is intending to improve the
existing storage building, and, under County Code, is required to plat
the property into two lots.
This request for a Waiver from the Public Street Capacity is justified
under the terms of the Intergovernmental Agreement. The Replat of Lot
11,, Block 2 of East Mulberry Subdivision qualifies as an "in -fill"
development. A major goal of many of the policies of the Urban Growth
Area Agreement is to encourage "in -fill" development proposals.
The Waiver request is subject to the applicant's participation in
street improvements at the intersection of Lincoln and Link Lane when
needed.
Larimer County.
The applicant's request pertains to the Terry Point PUD Preliminary
Phase Plan, located north of Terry Lake, on Terry Point Drive.
Terry Point PUD Preliminary Phase Plan consists of 21 multi -family
units on 3.6 acres. This site is adjacent to Terry Point Estates
Subdivision.
The request for a Waiver from the Public Street Capacity would be
justified under the terms of the Intergovernmental Agreement. The
Terry Point PUD Preliminary Phase Plan qualifies as an "in -fill"
development. A major goal of the policies of the Urban Growth Area
Agreement is to encourage "in -fill" development proposals.
The Waiver request is subject to the collection of $700 per dwelling
unit to be collected by Larimer County at the time of building permit
issuance.
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24.
Motion Approving a Request for a Waiver From the Public Street '
Capacity Requirement to Construct Off -Site Street Improvements for the
Terry Shores North Preliminary Subdivision as Required by the
Intergovernmental Agreement between the City of Fort Collins and
Larimer County.
This request pertains to the Terry Shores North Preliminary
Subdivision, located east of Terry Lake on Terry Shore Road, 1/4 mile
west of Highway 1.
Terry Shores North Subdivision consists of 18 single-family lots on
13.9 acres. This site is located adjacent to Terry Shores 1st and 2nd
Subdivisions.
The request for a Waiver from the Public Street Capacity would be
justified under the terms of the Intergovernmental Agreement. The
Terry Shores North Preliminary Subdivision qualifies as an "in -fill"
development. A major goal of many of the policies of the Urban Growth
Area Agreement is to encourage "in -fill" development proposals.
The Waiver request is subject to the collection of $700 per dwelling
unit to be collected by Larimer County at the time of building permit
issuance. The Waiver request is also subject to the provision that
on -site streets be designated constructed to City local street ,
standards.
25. Routine Easement.
a. West Prospect Bridge Reconstruction right-of-way from Jim F.
Kinyon, West Prospect and Lynnwood Drive. Consideration: $225.
The existing bridge on West Prospect Road over the Larimer County
Canal No. 2 between Heatheridge Road and Lynnwood Drive has been
rated as structurally deficient in the State Highway Department's
bridge inventory. The City has applied for and received a State
grant for 80 percent of the cost of design, right-of-way
acquisition, and construction for a replacement structure. A new
bridge has been designed, and construction of the replacement
bridge has been scheduled to begin November 1. This is the last
easement needed for the project.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
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Item #6. C.
Q
Item V. C.
10
Item #8. C.
l�
' Item #9.
Item #10.
Item #13.
Item #14. A.
A
Harold D. Einarsen Annexation.
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October 18, 1988
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #15.
Item #16.
Item #17.
Councilmember Mabry made a motion, seconded by Councilmember Winokur, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Motion Approving a Request for a Waiver from the
Public Street Capacity Requirement to Construct
Off -Site Street Improvements for the Replat of
Lot 11, Block 2 of East Mulberry Subdivision
as Required by the Intergovernmental Agreement
between the City of Fort Collins and
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The financial impact of approving the request to waive the requirement to
construct or fully improve off -site streets to the standards indicated on
the City's Master Street Plan would be mitigated by charging a fee of
$11,150 per acre to be collected by Larimer County at the time of building
permit issuance.
EXECUTIVE SUMMARY
This request pertains to the replat of a lot in the East Mulberry
Subdivision, located at the southeast corner of the intersection of Link
Lane and Lincoln Avenue.
The Replat of Lot 11, Block 2 of East Mulberry Subdivision consists of two
lots on 1.5 acres. The El Dorado Restaurant is located on one of the lots
and an existing storage facility for the restaurant is located on the other it
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October 18, 1988
' lot. The applicant is intending to improve the existing storage building,
and, under County Code, is required to plat the property into two lots.
This request for a Waiver from the Public Street Capacity is justified
under the terms of the Intergovernmental Agreement. The Replat of Lot 11,
Block 2 of East Mulberry Subdivision qualifies as an "in -fill" development.
A major goal of many of the policies of the Urban Growth Area Agreement is
to encourage "in -fill" development proposals.
The Waiver request is subject to the applicant's participation in street
improvements at the intersection of Lincoln Avenue and Link Lane when
needed. The Waiver request was recommended for approval by the Planning
and Zoning Board, by a unanimous vote at its regular meeting of September
26, 1988.
Staff believes that approving a Waiver from the Public Street Capacity
would not jeopardize the public health, safety and welfare and that the
intent and purpose of the Urban Growth Area Agreement would be maintained."
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to
approve the request for the waiver.
Chief Planner Ken Waido and Senior City Planner Sherry Albertson -Clark gave
a brief presentation and responded to questions from Council.
' Councilmember Kirkpatrick requested additional information to clarify terms
and ideas that are being used for requests for waivers.
The vote on Councilmember Winokur's motion to approve the waiver request
was as. follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Appeal of the Final Decision of the
Planning and Zoning Board on August 22,
1988, Denying the Park South PUD Master Plan,
Postponed Until November 1. 1988
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
On August 22, 1988 the Planning and Zoning Board denied the Park South PUD
Master Plan, finding that it would create traffic demands that would exceed
the capacity of existing and proposed transportation networks.
On September 6, 1988, an appeal of that final decision was made by Middel
Enterprises, Inc. and Park South Venture by Greg R. Remmenga of Sorensen
and Konke7, Attorneys for the Appellants.
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Description of Project I
The Park South PUD Master Plan consists of a mixed -use development of
residential, office, retail and commercial uses on 31 acres, located at the
southwest corner of the intersection of Horsetooth Road and Manhattan
Avenue. The site is zoned R-L-P, Low Density Planned Residential.
In April of 1978, Larimer County approved the original Park South PUD on
this site, which consisted of 143 single family zero lot line units. The
site was annexed to the City in July of 1978 and the County -approved plan
was accepted as part of the annexation. This approved plan is still
considered a valid plan and could be used today to obtain building permits
for the property.
The proposed Master Plan consists of resid ential phases for 44 single
family lots and 14 zero lot line units (based on the approved plan). The
remainder of the Master Plan consists of four phases of non-residential
uses (office, commercial and retail uses) for a total of 233,000 square
feet. Access to the site is from Horsetooth Road, an arterial street and
Manhattan Avenue, a collector street.
The proposed Master Plan was evaluated against the Land Use Policies Plan.
Based on this evaluation, staff found the proposed residential uses to be
supported by the Land Use Policies Plan and compatible with the surrounding
Land uses. '
The non-residential land uses were evaluated against the policies
addressing Regional/Community Shopping Centers because of the type of uses
proposed, as well as the magnitude or intensity of these uses. Policy #70
of the Land Use Policies Plan states that "Regional/Community Shopping
Centers should locate near transportation facilities that offer the
required access to the center but will not be allowed to create demands
which exceed the capacity of the existing and future transportation network
of the City."
The staff evaluation of the applicant's Traffic Impact Analysis concluded
that the proposed land uses and magnitude of those uses would generate a
traffic impact that far exceeds the residential collector street capacity
and would create a negative impact on the neighborhood. Therefore, the
proposed Park South PUD Master Plan was deemed incompatible with the
Comprehensive Plan and the surrounding neighborhood and staff recommended
denial of the proposed Master Plan.
The Planning and Zoning Board denied the Park South PUD Master Plan
unanimously at the August 22, 1988 Board meeting, finding that it would
create traffic demands that would exceed the capacity of existing and
proposed transportation networks.
The Appeal
The appellant has filed the appeal on the grounds that the Planning and I
Zoning Board:
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October 18, 1988
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(a)
abused its discretion, in that its decision was arbitrary and without
the support of competent evidence on the record;
(b)
failed to properly interpret and apply relevant provisions of the Code,
including the Land Development Guidance System, and the Comprehensive
Plan and the Land Use Policies Plan; and
(c)
failed to conduct a fair hearing in that:
(1) The Board considered evidence irrelevant to its findings which
were substantially false or grossly misleading;
(2) The Board improperly failed to receive and consider all relevant
evidence offered by the Appellants.
These grounds of appeal are valid as set forth in Section 2-48 of the Code.
Specific points of discussion are outlined in the Notice of Appeal and
staff has responded point -by -point in the attached memorandum to Council.
Scope
of Council Consideration of Appealed Master Plan
The
issues that the Council must resolve in this appeal are three -fold:
'
1.
Did the Board abuse its discretion, in that its decision was arbitrary
and without the support of competent evidence on the record?
2.
Did the Board fail to properly interpret and apply relevant provisions
of the Code, including the Land Development Guidance System and the
Comprehensive Plan and Land Use Policies Plan?
3.
Did the Board fail to conduct a fair hearing in that it considered
evidence irrelevant to its findings which were substantially false or
grossly misleading, or failed to receive and consider all relevant
evidence offered by the Appellant?
The appellants have provided a list of specific allegations that they
believe support this appeal. In making a determination on these issues,
the City Council must first consider whether the Board's decision was
arbitrary and without the support of competent evidence on the record, as
alleged by the appellant. Secondly, the Council must consider the
applicable Code provisions, including the Land Development Guidance System,
Comprehensive Plan and the Land Use Policies Plan to determine whether the
project meets or addresses the specific standards, criteria and policies.
Finally, the Council must review and decide whether the Board conducted an
improper hearing as alleged by the appellant.
The allegations listed by the appellant in the Notice of Appeal are as
follows:
I(a) The Planning and Zoning Board erred in apparently applying all
development criteria of the Land development Guidance System in
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October 18, 1988
contravention of Section 118-83(f)(2)(b), which provides that the
Master Plan will not be reviewed on the basis of the specific design
standards and criteria outlined in this section, but rather on the
basis of conformance with the City's Comprehensive Plan.
(b) The Planning and Zoning Board erred in denying the Master Plan based
upon an alleged failure to comply with Land Use Policy #70, which
provides:
"Regional/Community shopping centers should locate near transportation
facilities that offer the required access to the center, but will not
be allowed to create demands which exceed the capacity of the existing
and future transportation network of the city."
(c) The Planning and Zoning Board erred in evaluating the project as a
regional/community shopping center rather than as a
neighborhood/community center, as was warranted by the evidence.
(d) The Planning and Zoning Board erred in establishing maximum vehicle
trip per day criteria of 4,000 vehicle trips per day on Manhattan
Street south of Dennison, and 7,000 vehicle trips per day on Manhattan
Street south of Horsetooth, and north of Dennison, in contravention of
the evidence presented and generally accepted standards and criteria.
Specifically, the Planning and Zoning Board .ignored the evidence
presented by the traffic engineers for the Applicants, and apparently
based its decision upon maximum criteria suggested by Rick Ensdorff,
Traffic Engineer, which is without any basis in evidence or theory.
(e) The Planning and Zoning Board erred in defining Manhattan as a
collector street, in contravention of the evidence.
(f) The Planning and Zoning Board erred in ignoring the undisputed evidence
produced by Applicants' traffic engineers with respect to the current
and future vehicle trips per day, all as more specifically set forth on
Exhibit "A" attached hereto.
(g) The Planning and Zoning Board erred in developing a "community view" of
collector street capacity, and ignoring textbook definition and expert
opinions.
(h) The Planning and Zoning Board erred in effectively condemning
Applicants' property by adopting traffic criteria that cannot be met by
a developer with any use. The Planning and Zoning Board erred in
simply denying rather than proposing reasonable limitations or
restrictions or conditions to mitigate adverse traffic impacts.
(i) The Planning and Zoning Board erred in refusing to approve any
developer proposal to mitigate adverse traffic impacts.
(j) The Planning and Zoning Board erred in finding that the project had
significant adverse traffic impacts, in contravention of the evidence,
when in fact, there are no significant traffic impacts in excess of
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October 18, 1988
' those impacts which will exist in the event the project is developed as
currently platted.
(k) The Planning and Zoning Board erred in determining that the proposed
Master Plan will create traffic demands which will exceed the capacity
of existing and future transportation network of the City, in
contravention of the evidence presented.
Summary Chronology
May 4, 1988: Neighborhood meeting held on proposed master plan.
June 21, 1988: Staff met with applicant to inform of concerns regarding
traffic generated by the proposed master plan.
June 24, 1988: Applicant requested that item be continued from the June 27
Planning and Zoning Board meeting, to the July 25, 1988
meeting due to traffic concerns.
July 14, 1988: Applicant requested that item be continued from the July
25, 1988 Planning and Zoning Board meeting, to the August
22, 1988 meeting to resolve outstanding issues and meet
with neighborhood.
July 21, 1988: Staff met with applicant to discuss reductions in master
plan to address concerns regarding traffic.
August 10, 1988: Neighborhood meeting held on revised master plan.
August 22, 1988: Planning and Zoning Board denied the master plan.
September 6, 1988: Appeal of final decision of Planning and Zoning Board
is filed."
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
William Strickfaden, representing Park South, noted Frank Vaught the
principal presenter of this appeal had been called out of town to attend a
family funeral. He requested postponement of Council consideration on the
item.
Planning Director Tom Peterson responded to questions from Council.
Mayor Stoner questioned the need for Park South to keep its appeal rights
open.
Councilmember Winokur inquired about the applicant appeal proceedings and
the decisions of the Planning and Zoning Board.
Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick,
to postpone consideration of the appeal until November 1, 1988. Yeas:
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October 18, 1988
Estrada, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Mayor Stoner
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Staff Reports
City Manager Steve Burkett briefly reported on his recent trip to New York
to attend a National Quality Improvement Seminar. He also introduced Mike
Powers as the new Director of Cultural, Library, and Recreation Services,
and announced Jaime Mares would be the Acting Employee Development
Director.
Ordinance No. 137, 1988,
as amended, Relating to Retail
Electric Rates for Service,
Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This Ordinance, adopted 6-1 on First Reading on October 4, amends the Code
relating to retail electric rates for service.. The Ordinance shall become
effective on all billings rendered on or after January 1, 1989, relating to
services provided during the month of December, 1988, and thereafter.
The rate tariffs incorporated in this Ordinance are designed to:
- Increase revenue collected for Payment In Lieu of Taxes (PILOT) from
five percent (5Y) to six percent (6Y) on electric energy sales.
- Decrease retail electric rates for service one percent (1%) in all
customer classes.
- Revise rate tariffs to pass through, to applicable annexed customers,
service rights payments in the amount specified by State law.
The Ordinance also includes housekeeping, editorial and administrative
changes, and minor fee adjustments.
The proposed amendments on Second Reading are to standardize language
regarding Standby Service and to add a new subparagraph (d) Service Rights
Fees in Certain Annexed Areas to Section 26-473."
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 137, 1988 on Second Reading.
sm
October 18, 1988
' Bruce Lockhart, 2500 East Harmony Road, commented on the Light and Power
advertisements in the Coloradoan, the 1989 Budget, and the increase in
PILOT fees.
Jim Creeden, 4020 Goodell Lane #4, stated he agreed with Mr. Lockhart's
comments and requested information on the cost of Light and Power's ads.
Councilmember Horak noted he would not be supporting the Ordinance.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 137, 1988
on Second Reading was as follows: Yeas: Councilmembers Estrada,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
Ordinance No. 140, 1988,
Appropriating Annual Expenditures for
the City of Fort Collins in 1989 and
Setting the Mill Levy for said Fiscal Year,
Adopted on Second Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance appropriates the total City Budget for 1989 in the amount of
$174,833,667. It also sets the City mill levy at 8.797 mills which will
generate $4.9 million. Sales and use tax revenues are projected at a 3.5%
growth and will generate a total of $21 million. EXECUTIVE SUMMARY
This Ordinance, which was adopted 6-1 on First Reading on October 4,
appropriates the 1989 Annual Budget and sets the mill levy."
Councilmember Estrada made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 140, 1988 on Second Reading.
Jim Creeden, 4020 Goodell Lane #4, inquired about the relocation expenses
for City employees and requested information regarding other accounting
procedures.
Bruce Lockhart, 2500 East Harmony Road, asked about the disposition of the
sales tax revenues and commented on the Transportation Fund,
Councilmember Winokur made a motion, seconded by Councilmember Horak, to
amend Ordinance No. 140, 1988 to reduce the Transportation Fund by
$511,023.
' Councilmember Horak commented on the Parking Enforcement Program being
cutback.
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October 18, 1988
Councilmember Mabry questioned the reduction in revenue from the fees '
related to parking fines.
Councilmember Kirkpatrick stated she would not be supporting the amendment.
Councilmember Mabry stated he would not support the amendment at this time,
but would be willing to discuss the issue at a later date.
Councilmember Estrada stated he would be supporting the amendment.
Mayor Stoner agreed with Councilmember Mabry, stating he would not support
the amendment.
The vote on Councilmember Winokur's amendment was as follows: Yeas:
Councilmembers Horak, Estrada, and Winokur. Nays: Councilmembers
Kirkpatrick, Mabry, Maxey, and Stoner.
THE MOTION FAILED.
The vote on
Councilmember Estrada's motion to adopt Ordinance No. 140, 1988
on Second
Reading
was as follows: Yeas: Councilmembers Estrada,
Kirkpatrick,
Mabry,
Stoner, and Winokur. Nays: Councilmembers Horak and
Maxey.
THE MOTION CARRIED.
Resolution 88-172 Making
'
Appointments to the Fort Collins
Urban Growth Area Review Board,
Postponed Until November 1. 1988
Following is
staff's
memorandum on this item:
"EXECUTIVE SUMMARY
Staff recommends that Council select persons to fill each Council -appointed
position, determine the expiration date of the Council -appointed and
mutually agreed upon appointments, and then postpone the Resolution until
November 1 to allow time for public input.
The Intergovernmental Agreement between the Larimer County Commissioners
and the Fort Collins City Council established a Fort Collins Urban Growth
Area Review Board to act as the single recommending body to the Larimer
County Commissioners concerning development applications for properties
located within the unincorporated portion of the UGA and ineligible for
voluntary annexation into the City. The Board will consist of two members
appointed by the City Council, two members appointed by the County
Commissioners, and three members appointed by mutual agreement of the
Council and Commissioners.
Advertisements were placed, and interviews were conducted by Councilmembers I
Kirkpatrick and Maxey, along with a Larimer County representative.
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October 18, 1988
1
The attached
Resolution provides for the appointment of
two positions by
the City Council
and sets out two of the three positions
mutually agreed
upon by the
Council and the County Commissioners. The
Resolution also
names three
individuals for the County Commissioners to
consider for the
third mutual
appointment.
In keeping with Council's policy, the Resolution will be postponed until
November 1 to allow time for public input."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak to
adopt Resolution 88-172 inserting the following names and deleting Section
3 and 4.
Sanford Kern July 1, 1990
Kelly Ohlson July 1, 1991
Donald Crews December 31, 1992
Councilmember Maxey made a motion, seconded by Councilmember Mabry to
delete Kelly Ohlson's name and insert the name of Ed Stoner.
Councilmember Estrada questioned the need for a name substitution on the
Resolution.
Councilmember Maxey noted that Kelly Ohlson was not the first choice of the
interview team.
Councilmember Kirkpatrick spoke of the interview process and the choices
that were made.
Councilmember Maxey spoke of the evaluation process involved in choosing a
boardmember.
Bruce Lockhart, 2500 East Harmony Road, commented on the interview process
for making appointments to the Urban Growth Area Review Board.
Councilmember Horak commented on the appointment procedure and stated he
could not support a candidate that was employed by the County Commissioners
Office.
Councilmember Kirkpatrick stated she would not be supporting the amendment
Councilmember Estrada expressed his support for Kelly Ohlson.
The vote on Councilmember Maxey's motion to amend Resolution 88-172 was as
follows: Yeas: Councilmembers Mabry, Maxey, Stoner, and Winokur. Nays:
Councilmembers Estrada, Horak, and Kirkpatrick.
THE MOTION CARRIED.
' Councilmember Mabry made a motion, seconded by Councilmember Winokur, to
postpone consideration of Resolution 88-172 to November 1, 1988. Yeas:
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October 18, 1988
Councilmembers Estrada, Mabry, Maxey, Stoner, and Winokur. Nays: ,
Councilmembers Horak and Kirkpatrick.
THE MOTION CARRIED.
Resolution 88-173 Assigning a Councilmember as
Liaison Representative to the Community Development
Block Grant Citizens Steering Committee, Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
At its October 4 meeting, Council adopted a Resolution which provides for
Council appointment of seven members of the Community Development Block
Grant Citizens Steering Committee. Assignment of a Councilmember as
liaison representative is desirable to facilitate appointment of these
seven members, and to facilitate communication with the Committee on an
ongoing basis.
The selected Councilmember will serve as liaison representative until such
time as the Council makes a new assignment."
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to I
adopt Resolution 88-173 inserting the name of Gerry Horak. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 88-174 Setting Forth
the Intention of the City of Fort Collins
to Issue Multifamily Housing Revenue
Bonds for the Oakbrook II Apartments Project
Postponed Until November 1. 1988
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The debt service on the housing revenue bonds will be paid by revenues
generated by the project. The bonds do not constitute a debt of the City
of Fort Collins.
EXECUTIVE SUMMARY
On September 8, 1988, the City received a proposal from Group B-W Holdings,
Inc., for the City to issue tax-exempt multifamily development revenue ,
bonds for the purpose of acquiring a low-income housing project in Fort
Collins known as Oakbrook 77 Apartments. The project, consisting of 100
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October 18, 1988
' housing units, all of which are currently occupied by tenants with Section
8 housing eligibility, is located at 3300 Stanford Road.
Passage of the Inducement Resolution would allow the City to issue
$4,000,000 in development revenue bonds for the purpose of acquiring the
project. The proposal is consistent with the City's adopted policies
regarding issuance of multifamily revenue bonds. The project is consistent
with the Council goal of increasing the quality and affordability of
housing within the City and would insure that the project would continue to
be occupied by low- and moderate -income tenants.
BACKGROUND
In response to the housing needs of the residents of Fort Collins, the City
Council has established as one of its goals to increase the quality and
affordability of housing. In 1984, the Council adopted specific criteria
for the issuance of tax-exempt bonds that would acquire, rehabilitate, or
maintain the supply of low-income housing. Through the adoption of
Resolution 84-179, specific criteria were adopted which allow the City the
opportunity to pursue its commitment to affordable housing in accordance
with state and federal legislation and regulations. Since the policy was
adopted, changes in federal tax law and limits on issuer's capacity have
sharply reduced the City's ability to support low-income housing through
tax-exempt financing. The project, as described in the application to the
' City, is a 100-unit existing apartment project located at 3300 Stanford
Road. A11 of the units are currently occupied by tenants qualifying for
Section 8, a program which subsidizes the rents paid by the low-income
tenants.
The applicant and developer for the project is Group B-W Holdings, Inc., a
Denver -based partnership. The owner of the project will be a qualified
501(c)(3) not -for -profit organization. This is very important as it is one
of the few ways that multifamily projects may be done. One of the areas of
municipal tax-exempt finance for low-income multifamily housing that was
not affected by the Tax Reform Act of 1986 was the nonprofit corporation
ownership. Under that structure, a city has the authority to issue bonds
on behalf of a qualified 501(c)(3) corporation and the proceeds can be used
to finance multifamily housing units as long as certain low income
requirements are met. The purpose of leaving the not -for -profit exception
in the law was to encourage the preservation of low-income units or to
encourage the construction of more units. Group B-W Holdings has been
working with Capital Markets, Inc., a Denver investment banking firm, to
structure the deal.
The proposed issue of bonds is presently estimated at $4,000,000. The term
of bonds has not yet been determined and is sensitive to interest rate
changes. The bonds will be paid from the revenue generated by the project,
so in essence the term will have to be determined based on the projected
cash flows of the project. Presently, the project is 100Y< occupied and
' generates about $45,000 per month in gross rents.
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October 18, 1988
t
The project meets
the criteria established in the City's
Resolution
Adopting Criteria
for the Issuance of Multifamily Bonds.
The proposed
project has also been
discussed with the Housing Authority and
received its
general approval.
The Housing Authority believes the continuation of the
project as Section
8 housing units is a valid public purpose
and is needed
to meet the demand
of low-income households.
presently, the project is in receivership, and its future financial
strength is in question. It is possible that the project could be sold to
a .developer that would not continue its use as a low-income project.
Through the passage of the Inducement Resolution, the developer would be
allowed to pursue a financing package that would ensure that the project
would remain Section 8 in character for as long as the contract for Section
8 housing is in place and low-income in character for the life of the
bonds.
Staff recommends the passage of the Inducement Resolution, as it supports
the Council goal of increasing the quality and affordability of housing and
it is consistent with adopted policies for multifamily housing."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to adopt Resolution 88-174.
Finance Director Alan Krcmarik explained the details of the transactions '
and responded to questions from Council.
Mike Wiley, of B-W Holdings, Inc., summarized the acquisition of the
Oakbrook II Apartments.
Fred Fielder, representing Capital Markets, Inc., presented details
regarding the proposed structure of the bond issue. Loring Harkness, of
Ballard, Spahr, Andrews, & Ingersoll, Special Bond Counsel to the City,
spoke of the legal tax structures, the financing of the ownership interest,
and the meaning behind a 501C3 Corporation, and responded to questions from
Council.
Fire Chief John Mulligan responded to questions from Council concerning the
fire escape routes and gave cost estimates for sprinkler system
retrofitting at Oakbrook II
Councilmember Winokur made a motion, seconded by Councilmember Horak, to
amend Resolution 88-174 following the fourth WHEREAS to read as follows:
WHEREAS, the City also views this as an opportunity to alleviate
its concerns about fire protection and life safety issues in the
project, especially considering the large number of elderly and
handicapped residents;
and by inserting the following phrase in Section 1 of the Resolution: I
October 18, 1988
' providing housing for persons of low- and -moderate- income, and to
make important and desirable fire protection improvements in the
project,
and by inserting as a new 2nd paragraph between the existing first and
second paragraphs of Section 1 the following:
The City will issue the bonds only on the expressed condition
that the company and exempt entity agree to promptly install in
the project a sprinkler system certified by the Fire Marshall as
sufficient to bring the project into compliance with the
appropriate provisions of the City Code relating to fire
protection.
J.D. Padilla, Fort Collins resident, inquired if the cost of a sprinkler
system would be included in the initial purchase price.
Jim Creeden, 4020 Goodell Lane #4, inquired if any additional public health
and safety measures would be included.
The vote on Councilmember Winokur's motion to amend Resolution 88-174 was
as .follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner and Winokur. Nays: None. THE MOTION CARRIED.
J.D. Padilla expressed concern over the total cost of the project and the
cost of the bond issue.
Jim Creeden encouraged the motion be tabled for two weeks to allow more
time for information to be obtained and for additional research.
Councilmember Kirkpatrick expressed concern about the status of
negotiations between B-W Holdings Corporation and the FSLIC.
Councilmember Horak stated he would not be supporting the motion.
Councilmember Mabry noted his concern with the overall concepts of the
project and the lack of information regarding the legitimacy of the
non-profit corporation that is involved.
Councilmember Estrada made a motion, seconded by Councilmember Horak, to
postpone consideration of Resolution 88-174 until November 1, 1988. Yeas:
Councilmembers Estrada, Horak, Mabry, Maxey, Stoner, and Winokur. Nays:
Councilmember Kirkpatrick.
THE MOTION CARRIED.
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October 18, 1988
Other Business
Resolution 88-175
of the Council of the City of Fort Collins
Urging the Defeat of Proposed Amendment 6
at the General Election of November 8, 1988
Postponed Until November 1. 1988
Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry,
to adopt Resolution 88-175.
Councilmember Maxey expressed the need for more information regarding the
Resolution and its affect on the bond rating agencies.
City Manager Burkett explained how the bond rating agencies would affect
all fees and taxes.
Councilmember Horak objected to consideration of this item under Other
Business. Councilmember Horak made a motion, seconded by Councilmember
Estrada to postpone consideration of Resolution 88-175 until November 1,
1988. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED. '
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak,
to direct staff to bring back the issue of requiring fireplaces to be
plumbed with gas fittings before the end of the year.
Jim Creeden, 4020 Goodell Lane #4, requested clarification of the motion.
The vote on Councilmember Kirkpatrick's motion was as follows: Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak requested information on current parking requirement
policies with respect to retail businesses.
Councilmember Estrada asked for an update on the status of the proposed
Veteran's Memorial project near EPIC.
51*N
October 18, 1988
1
Councilmember Maxey
adjourn the meeting.
Mabry, Maxey, Stoner,
Adjournment
made a motion, seconded by Councilmember Estrada, to
Yeas: Councilmembers Estrada, Horak, Kirkpatrick,
and Winokur. Nave Nonp.
The meeting adjourned at 10:00 p.m.
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