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Approval of the Resolution would indicate the City's willingness to issue
tax exempt industrial development revenue bonds so the company could
construct a new manufacturing facility located at 1001 Buckingham Street
in the northeast part of the City. The 50,000 square foot building on a
six acre site would provide the company with enough room to double its
total employment over the next three years. The company currently employs
45 people. The project will include the building and additional equipment
to support manufacturing operations. If the inducement Resolution is
approved the Company will apply for an allocation from the statewide
balance of 1993 private activity bonds.
36. Resolution 93-170 Authorizing the City Manager to Enter into an Agreement
Regarding the Opera House Project.
On July 6, 1993, the Council approved Resolution 93-106 which authorized
the restructuring of the industrial development revenue bonds that were
issued in 1986 for the Opera House Project. Resolution 93-106 was
contingent on the development of an intergovernmental agreement between
the City, the Downtown Development Authority, the Bondholder, and other
parties having a recorded interest in the Project. The agreement was to
address the level of tenant finish for the Project, the level of .tax
revenues anticipated to be generated by the Project and other matters as
may be considered necessary to protect the interests of the City and the
Downtown Development Authority.
After several months of negotiation between the City and the DDA and the
proponents of the project, the agreement is in substantially final form.
The agreement specifies the amount of real property taxes expected for the
years 1992 through 2005, the amount of monies to be held for tenant finish
of the project, the use of parking space in the Laporte America lot and
other locations, the maintenance of the public mall portion of the Project
and other matters to protect the interests of the City and DDA.
37. Second Reading of Ordinance No 109 1993 Appropriating Funds and
Authorizing the Purchase of Certain Downtown Properties Owned by Trillium
Corporation.
This ordinance authorizes the purchase of the LaPorte America lot and a
strip of land along the alley behind 281 North College from Trillium
Corporation. The negotiations related to these properties have taken
place over the last three years, beginning with Burlington Northern
Resources, then Glacier Park, and finally with Trillium Corporation. The
sources of funding for this project are: $318,000 from the Parking
Division reserve held in the Transportation Fund, $71,000 from savings in
the City's Essential Capital Projects Fund, and $86,000 from the 1993
General Fund Operating contingency.
38. Other Business.
39. AdJournment.
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the number of unrelated persons who may reside in 66 of the units from
three to a maximum of four persons.
On October 11, 1993, an appeal was received by the City Clerk's office
regarding the decision of the Planning and Zoning Board.
34. First Reading of Ordinance No. 146, 1993, Amending Chapter 15 of the Code
Relating to Licenses and Business Regulations.
The current temporary vendor ordinance was adopted in 1986. It worked
well until 1990, but the amount of outdoor vending has steadily increased
since then. The number of complaints and conflicts concerning these
vendors has also steadily increased, and it became apparent that the
existing ordinance did not allow the City to address these problems. The
complaints concern the compatibility of vending operations with the
surrounding area and existing businesses; the type of goods sold; the
quality of the operation; the lack of contribution toward cleanup and
promotional expenses; and sales in violation of the Zoning Code. The
present ordinance does not address these problems very well because it
requires the City to grant a license unless the operation will create
traffic problems or interfere with City operations.
Staff looked at four (4) broad -based options to resolve this situation:
Do not change the existing ordinance.
2. Make changes to the existing ordinance to give
the City the ability to deal with these problems
and conflicts.
3. Consolidate all outdoor vending in the downtown
area, regulate it through concession agreements
and ban outdoor vending in all other areas.
4. Ban all outdoor vending.
Staff is recommending Option 2 because it will give the City the ability
to regulate the quality and compatibility of vending operations and will
prevent vending on private property that is not zoned for retail sales.
35. Resolution 93-168 Setting Forth the Intention of the City to Issue
Industrial Development Revenue Bonds for the Phelps-Tointon Millwork, LLC,
Project.
Phelps-Tointon Millwork, a Limited Liability Company, submitted an
application to the City for an Inducement Resolution in the amount of
$1,500,000. Formerly Colorado Custom Cabinets, the Company is now owned
by Phelps-Tointon, Inc., a Colorado corporation based in Greeley and Mr.
Tim Brown, the former President of Colorado Custom Cabinets. The company
manufactures commercial, institutional and high quality kitchen cabinetry.
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C. Powerline Easement from Rodney Smith, 715 West Prospect, needed to
install an electric vault to underground existing overhead electric
system. Monetary consideration: $48.
***END CONSENT***
29. Pulled Consent.
Items pulled from the Consent Calendar by the public will be considered at
this time. Items pulled from the Consent Calendar by Councilmembers or
staff will be considered following Item #37.
30. Staff Reports.
31. Councilmember Reports.
32.
33.
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Items Needing Individual Consideration
On September 14, 1993, bids were opened for the construction of the senior
citizen center. Al five bids received exceeded the estimated
construction cost of $3,913,800. The lowest bidder was $456,000 above
this estimate.
On October 19, 1993, Resolution 93-158 was considered by the Council.
This Resolution proposed a reduction in the scope of the project by
$126,200, with remaining budget shortfall of $329,800 to be covered by
excess Choices 95 revenue added as part of the 1994 proposed budget. This
combination of a reduction in the scope of the project and increase in the
amount budgeted would have accommodated the $456,000 deficit.
Council adopted Resolution 93-158 with an amendment that directed staff to
return on November 2, 1993, outlining further savings in this project of
$100,000 to reduce the additional amount that would have to be added to
the project budget. Council further directed that any savings would not
affect the scope and quality of the facility.
On September 27, 1993, the Planning and Zoning Board approved, with
conditions, Spring Creek Village, Preliminary P.U.D. This project
represented an amended P.U.D. and a continued item from the July 26, 1993
Planning and Zoning Board hearing. The request consists of 218 multi-
family apartments on 24.27 acres located on the east side of Shields
Street, south of Prospect Road. The P.U.D. includes a request to increase
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City Director of Transportation and the Colorado DOT as having similar
traffic characteristics to those created by the uses proposed for this
development. In combination with the access point, the developer will
build a new deceleration lane and right turn lane for southbound College
Avenue to westbound Horsetooth. This access point is not an approved
access location within the South College Access Control Plan.
Resolution 93-164 Approving an Agreement with North Poudre Irrigation
Company for an Option to Purchase the Halligan Reservoir.
Because both the Water Utility Enterprise Board and the City are parties
to the NPIC agreement, the City Council needs to consider adopting a
Resolution similar to the one adopted by the Board.
For an explanation, see the Agenda Item Summary for the earlier item.
(Item No. 3).
On Friday September 24, 1993, Nelson Mandela asked the United Nations to
lift all economic sanctions against South Africa.
Resolution 93-166 Endorsing the Nomination of Ann Azari to the Board of
Directors of the National League of Cities.
This Resolution formally endorses the nomination of Mayor Azari to the
National League of Cities Board of Directors.
Resolution 93-169 Making an Appointment to the Landmark Preservation
Commission.
A vacancy currently exists on the Landmark Preservation Commission due to
the resignation of Kirk Winkelmeyer.
Councilmembers Horak and Kneeland reviewed the applications on file and
are recommending Per Hogestad be appointed to fill the vacant term which
expires July 1, 1996.
Routine Deeds and Easements.
a. Powerline Easement from Wilbur D. and Sandra L. Huett, 645 Whedbee,
needed to underground existing overhead electric services. Monetary
consideration: $10.
b. Powerline Easement from Norman D. and Karen L. Schultz, 413 East
Elizabeth, needed to underground existing overhead electric
services. Monetary consideration: $10.
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The replacement of the North College Avenue Bridge over the Poudre River
will allow the City to enhance the bridge for the north entrance into the
city and install a trail underpass. This new State Highway bridge will
allow the City to create a "Gateway" from the north into Fort Collins.
This theme has been proposed in the many planning documents. Design
materials for the bridge follow the directions in the "Design Guidelines
for Pedestrian -Way Improvements, Downtown Development Authority." The
main enhancement items include: planters in the median south of and on
the bridge, decorative pedestrian lights matching "Old Town" lights,
exposed aggregate sidewalks, the use of sandstone as an accent stone, and
landscaping in the medians, trail lighting system, and special concrete
treatment (fluted finish) of the piers under the bridge for the trail.
The ISTEA program will be the main funding source for the bridge
enhancement items. The matching ratio for the work is 82% ($123,000)
Federal -aid funds and 18% ($28,000) City. The proposed City funding
source is the re-routing of existing Mason -Howes Phase II (trail segment)
Capital Project funding which presently contains about $32,000. This
money was originally set aside for improvements to the trail system when
the one -ways would connect to College Avenue, and is currently no longer
considered a viable project. Funding from this account ($18,000) was used
for the 1990 North College Avenue Trail Underpass Study. The remainder of
the Mason -Howes Phase II (trail segment) Capital Project funding will be
used for enhancement of the trail system near the bridge.
23. Resolution 93-163 Amending the South College Access Plan.
On December 6, 1988, the City Council approved the South College Avenue
Access Control Plan. This Plan is used by the City of Fort Collins and
the Colorado Department of Transportation in conjunction with the State
Highway Access Code and sets the location and types of access points on US
287 between Swallow Road and Trilby. The Plan has been successful in
facilitating the flow of traffic in an area under high development
pressure.
On October 4, 1993, the Planning and Zoning Board approved the Preliminary
Matterhorn PUD with (among other things) a condition that the South
College Access Plan be amended to allow for a right-in/right-out access
point prior to the applicant moving forward with a Final P.U.D. The site
plan for the development requests a right-in/right-out access point on the
west side of College Avenue, approximately 250 feet north of Horsetooth
Road. This amendment shall be limited in its application to the uses
proposed for this development or such other uses as are determined by the
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19. Items Relating to the Imu-Tek Annexation and Zoning
Resolution 93-162 Setting Forth Findings of Fact and Determinations
Regarding the Imu-Tek Annexation and Zoning.
Hearing and First Reading of Ordinance No. 141, 1993, Annexing
5.1181 Acres, Known as the Imu-Tek Annexation.
Hearing and First Reading of Ordinance No. 142, 1993, Amending the
Zoning District Map contained in Chapter 29 of the Code and
Classifying for Zoning Purposes the Property Included in the Imu-Tek
Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 5.1181 acres located on the south side
of East Vine Drive approximately 112 mile west of I-25. The requested
zoning is the IL, Limited Industrial District and the Planning and Zoning
Board is recommending that this property be excluded from the Residential
Neighborhood Sign District. The property is developed, with the primary
use being a food processing (milk supplement) plant. The property is
currently zoned 0, Open in the County. This is a voluntary annexation.
20. First Reading of Ordinance No. 143 1993 Appropriating Unanticipated
Revenue in the General Fund for the Clean Air Colorado Program
21.
Staff has negotiated a contract with CDH for the 1993-94 Clean Air
Colorado program in Fort Collins. Under the terms of the contract, CDH
will pay $30,000 to the City for the completion of specific air quality
education and data collection projects. The air quality projects support
the air quality objectives and policies established in the 1993 Air
Quality Policy Plan.
For the past six years Fort Collins Police Services has applied for
project funding to the Colorado Division of Criminal Justice for federal
drug grant monies. For project year 1993/1994, Police Services has again
joined with the Loveland Police Department and Larimer County Sheriff's
Department, in one application, for a multi -jurisdictional project to be
administered by Police Services. As administrator of the grant, Police
Services will assure funding to the other participating agencies for their
share of the federal funds. The City has recently received notification
of a grant award in the amount of $102,503. The participating agencies
will be providing match monies in the amount of $167,558. Fort Collins'
portion of the match is $76,377, which is met through application of the
budgeted salary and fringe benefits of an existing officer assigned to the
Special Investigations Unit and the salary and benefits of a Secretary I
who is also assigned to that unit.
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APPLICANT: Dr. Richard Wuerker
c/o Jim Sell Design
117 East Mountain Avenue
Fort Collins, CO 80524
OWNER: Dr. Richard Wuerker
363 West Drake Road Suite 6
Fort Collins, CO 80526
Items Relating to the Kirschner Annexation and Zoning.
A. Second Reading of Ordinance No. 133, 1993, Annexing Approximately
72.6 Acres, Known as the Kirschner Annexation.
B. Second Reading of Ordinance No. 134, 1993, Amending the Zoning
District Map Contained in Chapter 29 of the Code of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in
the Kirschner Annexation to the City of Fort Collins, Colorado.
On October 19, Council unanimously adopted Resolution 93-154 Setting Forth
Findings of Fact and Determinations Regarding the Kirschner Annexation.
On October 19, Council also unanimously adopted Ordinance No. 133, 1993
and Ordinance No. 134, 1993 which annex and zone approximately 72.6 acres,
located at the southeast corner of I-25 and East Vine Drive. The property
is currently zoned FA-1, Farming in the County. This is a voluntary
annexation. The requested zoning is IL, Limited Industrial, with a PUD
condition.
APPLICANT: Kirschner Family Partnership
c/o Cityscape Urban Design
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
OWNER: Kirschner Family Partnership
8330 East Quincy Avenue, Unit A-111
Denver, CO 80237
Fees.
Two FY 92 Community Development Block Grant (CDBG) projects, the Community
Affordable Residences Enterprises (CARE) and Resource Assistance Center
(TRAC) are requesting assistance in the payment of the new Parkland Fee
approved by City Council on July 20, 1993. Ordinance No. 140, 1993, was
unanimously adopted as amended on First Reading on October 19.
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C. Second Reading of Ordinance No. 128, 1993, Amending Section 28-17 of
the Code of the City of Fort Collins Relating to the Addition of the
Requirement of Compulsory Insurance for Motor Vehicles Under the
"Model Traffic Code for Colorado Municipalities," 1977 Edition.
D. Second Reading of Ordinance No. 129, 1993, Amending Section 28-
17(19) of the Code of the City of Fort Collins Relating to Window
Obstructions and Tinted Windows of Motor Vehicles Under Section 19-4
of the "Model Traffic Code for Colorado Municipalities," 1977
Edition.
E. Second Reading of Ordinance No. 130, 1993, Amending Chapter 17 of
the Code of the City of Fort Collins Relating to Miscellaneous
Offenses.
These ordinances, which were unanimously adopted on First Reading on
October 19, would amend the definition of abandoned vehicle in the City
Code to include abandoned vehicles on public property; to add to the City
Code the definition of "thing of value" to specifically include services;
to add to the City Code the requirement of compulsory automobile
insurance; to add to the City Code restrictions on tinted windows; to add
to the City Code the violation of complicity; and to add to the City Code
the corporate responsibility for criminal offenses.
16. Items Relating to the Fossil Creek Estates Annexation and Zoning_
A. Second Reading of Ordinance No. 131, 1993, Annexing Approximately
31.12 Acres, Known as the Fossil Creek Estates Annexation.
B. Second Reading of Ordinance No. 132, 1993, Amending the Zoning
District Map Contained in Chapter 29 of the Code of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in
the Fossil Creek Estates Annexation to the City of Fort Collins,
Colorado.
On October 19, Council unanimously adopted Resolution 93-153 Setting Forth
Findings of Fact and Determinations Regarding the Fossil Creek Estates
Annexation.
On October 19, Council also unanimously adopted Ordinance No. 131, 1993
and Ordinance No. 132, 1993 which annex and zone approximately 31.12 acres
located west of South Shields Street approximately one mile south of
Harmony Road, approximately 1/4 mile west of the southwest corner of South
Shields Street and Fossil Creek Drive (extended). The annexation consists
of one parcel of land under single ownership. The property is currently
vacant and zoned FA-1, Farming, in the County. The proposed zoning is R-
L-P, Low Density Planned Residential, with a Planned Unit Development
(PUD) condition. This is a voluntary annexation.
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13.
14.
Ordinance No. 124, 1993, which was unanimously adopted on First Reading on
October 19, 1993 appropriates $755,000 from the Utility's reserves in the
Wastewater Fund for the purchase of 7,550 acres of land from Terra
Resource Corporation.
The $755,000 purchase price is expected to be recouped and returned to the
Wastewater Capital Reserve Fund within five years, by sale of other excess
Utility property.
Police Services has been awarded a grant totalling $75,000 from the
Colorado Department of Transportation, Office of Transportation Safety for
funding a Law Enforcement Assistance Fund project for the prevention of
drunken driving and the enforcement of laws pertaining to driving under
the influence of alcohol or other drugs.
The grant will provide for the majority of the salary, benefits, and
capital equipment for one additional DUI officer who is assigned to drunk
driving enforcement.
The City will provide matching funds in the amount of $96,244. These
funds have been included in the 1994 proposed budget in the Police
Services programs.
Ordinance No. 125, 1993 which was unanimously adopted on First Reading on
October 19, appropriates $75,000 in grant funds for expenditure in the
Police Services 1994 DUI Enforcement Program.
15. Items Relating to Amendments to Chapter 17 of the City Code and Model
Traffic Code.
A. Second Reading of Ordinance No. 126, 1993, Amending Section 28-
17(26) of the Code of the City of Fort Collins Relating to Abandoned
Vehicles Under the "Model Traffic Code for Colorado Municipalities,"
1977 Edition.
B. Second Reading of Ordinance No. 127, 1993, Amending Section 17-1 to
Add the Definition of "Thing of Value."
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10. AGENDA REVIEW: CITY MANAGER
***CONSENT CALENDAR***
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #29, Pulled
Consent Items.
11. Second Reading of Ordinance No. 122, 1993, Aporopriating Prior Year
Reserves and Unanticipated Revenue in Various City Funds and Authorizing
the Transfer of Appropriated Amounts Between Funds and Identifying
Increases in Reserves for Fiscal Year 1993.
Ordinance No. 122, 1993 which was unanimously adopted on First Reading on
October 19, appropriates prior year reserves and unanticipated revenue in
various City funds; and, authorizes the transfer of appropriated amounts
between funds. The City Charter authorizes the City Council to provide by
ordinance for payment of any expense from prior year reserves. It also
authorizes the City Council, after the expiration of eight months of the
budget year, to appropriate by ordinance actual revenue realized in excess
of budget estimates to any purpose recommended by the City Manager. The
Charter also authorizes the City Council to appropriate unanticipated
revenue received as a result of rate or fee increases or new revenue
sources. Additionally, it authorizes the City Council to transfer any
unexpended appropriated amounts from one fund to another upon
recommendation of the City Manager provided the purpose for which the
transferred funds are to be expended remains unchanged or the purpose for
which they were initially appropriated no longer exists.
12. Second Reading of Ordinance No. 123. 1993. ADoropriatinq Unanticipated
Revenue in the Transportation Division Portion of the Transportation Fund.
Ordinance No. 123, 1993 which was unanimously adopted on First Reading on
October 19, appropriates $185,000 in unanticipated revenue for the
construction of three traffic signals on US Highway 287. The State
Department of Transportation will reimburse the City for 100% of the
project costs up to $185,000.
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AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
November 2, 1993
Proclamations and Presentations
6:15 p.m.
A. Proclamation Designating November 7-13 as Literacy Awareness Week.
PRESENTATION OF COLORS BY JUNIOR GIRL SCOUT TROOP ,f214
Meeting of the Board of the
City's Water Utility Enterprise
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3.
6:30 p.m.
The Water Board and Utility Staff recommend that the City enter into the
proposed agreement with North Poudre Irrigation Company ("NPIC"), which
will enable the City to conduct additional studies regarding the proposed
project and preserve the option to proceed with the purchase of the
Halligan Reservoir if it is determined to be beneficial for the City.
4. OTHER BUSINESS.
5. ADJOURNMENT.
REGULAR MEETING
6. CALL MEETING TO ORDER.
7. ROLL CALL.
8. CITIZEN PARTICIPATION (limited to 30 minutes)
9. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on
issues raised during Citizen Participation.
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