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HomeMy WebLinkAboutMINUTES-03/02/1999-RegularMarch 2, 1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 2, 1999, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Bertschy, Byrne, Mason, and Smith. Councilmembers Absent: Kneeland and Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Aeenda Review City Manager Fischbach stated that item #19 First Reading of Ordinance No. 35, 1999, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for Improvements Relating to the Southwest Community Park has been withdrawn from the agenda until April 20, 1999. CONSENT CALENDAR 7. Consideration and approval of the minutes of the adjourned meeting of February 9, 1999. 8. Second Reading of Ordinance No. 21, 1999, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund Art in Public Places Reserve Account for Pam Toward the Sculpture Commemorating the 1997 Flood. The Commemorative Sculpture Selection Subcommittee was comprised of two Art in Public Places Board members; community members who were involved in the rescue, relief and counseling efforts; a student and professor from Colorado State University; and representatives from the Water Board and Parks and Recreation Board. At its August 20, 1998 meeting, the Art in Public Places Board reviewed and approved the Committee's selection. Council previously appropriated $13,000 in initial donations for the project, Ordinance No. 21, 1999, was unanimously adopted on First Reading on February 16,1999, appropriates unanticipated revenue for payment toward the completion of the sculpture. March 2, 1999 9. Second Reading of Ordinance No. 22, 1999, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between the Storm Drainage Fund Dry Creek Improvements Project and the Storm Drainage Fund Colorado Water Conservation Board Grant. This Ordinance, which was unanimously adopted on First Reading on February 16, 1999, appropriates a $52,689 grant from the Colorado Water Conservation Board (CWCB). The grant will be used for engineering services for the joint project with Larimer County on the Dry Creek Flood Diversion Project. 10. Second Reading of Ordinance No 23,1999, Amending Section 2-203 of the City Code to Add a New Function of the Cultural Resources Board. Ordinance No. 23, 1999, which was unanimously adopted on First Reading on February 16, 1999, amends Section 2-203 of the City Code. The Board has recommended amending the Code adding a new function of the Cultural Resources Board to recognize a role for the Board in cooperating with community and citizen groups in promoting cultural development in Fort Collins. 11. Second Reading of Ordinance No. 24, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay Avenue 3rd Annexation. Ordinance No. 24, 1999, which was unanimously adopted on First Reading on February 16, 1999, zones the property that was annexed as the Lemay Avenue 3rd Annexation on January 19, 1999. The property is approximately 2.00 acres in size, located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The property is currently vacant. The proposed zoning for this property is I -Industrial. APPLICANT: City of Fort Collins OWNER: Norman L. Royval 3739 North County Road 13 Fort Collins, CO 80522 12. Second Reading of Ordinance No. 25, 1999, Recognizing an Abandonment of Ditch and Pipe Line Rights -of -Way in Exchange for the Granting of Two Water Line Easements. The Water Utilities staff was originally approached in 1990 by a property owner requesting that the City vacate a strip of right-of-way adjacent to this property. As this request was being circulated, Cultural, Library and Recreational Services ("CLRS') identified the strip as a potential alignment for the Poudre River Trail; therefore, the request was denied. Since that time, CLRS eliminated this alignment from consideration for the trail system due to safety reasons as it 109 March 2, 1999 approached Overland Trail Road. Ordinance No. 25, 1999 was unanimously adopted on First Reading on February 16, 1999. 13. Second Reading of Ordinance No. 27,1999, Amending Chapter 23 of the City Code by Adding Provisions Pertaining to Natural Areas. These adopted regulations govern human behavior in City -owned natural areas and are an important part of staff s efforts to protect the City's significant investment in natural areas. Ordinance No. 27, 1999, was unanimously adopted on First Reading on February 16, 1999. 14. Second Reading of Ordinance No. 28, 1999, Amending Chapter 23 of the City Code by Adding Provisions Pertaining to Parks, Trails, and Recreation Areas. Section 23-201 of the City Code provides that the Council may control the public's use and enjoyment of City parks, golf courses, trails, and open spaces through rules and regulations adopted by Council by ordinance. Pursuant to Ordinance No. 62, 1988, the Council adopted various rules and regulations concerning the public use ofthese parks and recreation areas. These rules and regulations have been very useful in protecting the recreation areas and enhancing the public's safety and enjoyment of them. However, given the fact that over 10 years has passed since these regulations were adopted, staff undertook a comprehensive review of them to determine if changes or additions were necessary. Ordinance No. 28, 1999, was unanimously adopted on First Reading on February 16, 1999, amending Chapter 23 of the Code to add provisions relating to parks, trails and recreation areas. 15. Second Reading of Ordinance No. 29, 1999, Amending Chapter 4 of the City Code to Add an Exception to the Prohibition Against Animals at Large and Clarify the Existing Exception for Police Dogs. Ordinance No. 29, 1999, which was unanimously adopted on First Reading on February 16, 1999, is a companion to the previous ordinances establishing regulatory provisions for activities in the City's natural areas, and recreation areas. certain activities, including training ofsearch and rescue dogs, off leash on selected sites in the City's natural areas. 16. Items Relating to the City's Economic Policy. A. Second Reading of Ordinance No. 30, 1999, Continuing and Modifying a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers. In early 1998, City Council approved several changes to the Manufacturing Use Tax Rebate Program. Many of the changes resulted from suggestions by local manufacturers. Ordinance No. 30, 1999, was unanimously adopted on Fast Reading on February 16, 1999, and eliminates the 110 March 2, 1999 three-year eligibility requirement that is currently a restriction of the program. This change reflects the Policy intent to encourage the initial investment as well as reinvestment of smaller start-up businesses as well as existing firms. B. Second Reading of Ordinance No. 32, 1999, Repealing Section 24-113(b) of the City Code, in Order to Terminate the Street Oversizing Exemption Program. Ordinance No. 32, 1999, which was unanimously adopted on First Reading on February 16, 1999, repeals Section 24-113(b) the Code establishing the program, and terminating the program. 17. FirstReadingofOrdinanceNo.33,1999,AppropriatingUnanticipated PILOT Revenue fromthe Fort Collins Housing Authority in the General Fund. The Fort Collins Housing Authority (the "Authority) made a payment to the City from its 1997 budget for the sum of $18,476 and $16,463 in 1998 as a "Payment in Lieu of Taxes" ("PILOT') for public services and facilities. The Authority annually requests that the City refund the money "...to again fund sorely needed affordable housing related activities, to attend the low-income housing needs of Fort Collins residents." Resolution 92-93 reinstated the requirement by the City of the Authority to make the annual PILOT payment to the City. The purpose of the resolution was to clarify that these funds are the property of the City and not excess Housing and Urban Development ("HUD") funds. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has remitted the PILOT to the Authority annually since 1992. 18, First Reading of Ordinance No. 34, 1999, Authorizing the Transfer of Existing Anoronriations Between Funds. On August 18, 1998, Council adopted the City's 1998-1999 Pay Plan. With that approval, the City now has a more descriptive, accurate, and streamlined classification system for its employees and each classification has an up-to-date market -based pay structure in line with the City's compensation policy. The original concept was to accomplish the implementation of the Pay Plan within the existing funds set aside in the 1999 adopted budget. However, as employees began to assess how the plan would affect them, several concerns surfaced. To address those very real concerns, a recommendation was presented to Council for full implementation of the Pay Plan in 1999. The estimated cost at that time for full implementation was approximately $3.2 million for the General Fund and those funds that have employees subsidized by the General Fund. The decision ill March 2, 1999 made by Council was to phase -in the implementation of the City Pay Plan over a two-year period (1999 and 2000). 19. First Readingof Ordinance No. 35, 1999, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for Improvements Relating to the Southwest Community Park. By adopting this Ordinance, $570,000 worth of improvements will be made to the Southwest Community Park. Staff does not intend to fully develop this park for several years. These improvements are being constructed now because of Cottonwood Glen Neighborhood Park, which will be built this year. Cottonwood Glen Neighborhood Park will serve the residents in the mile bounded by Taft Hill Road on the east, Drake Road on the north and Horsetooth Road on the south. This day -use park will contain a restroom, shelter, playground, multi -use pad, parking lot, ballfield, soccer field, open space, sidewalks, irrigation pond, and landscaping. Neighborhood Parkland Fees fund the construction budget for the park. This park is located on and adjacent to the undeveloped Southwest/Youth Sports Community Park. This Community Park is intended to serve a four square mile area around the park site. Conceptual plans for this park show the northern area will contain facilities (restroom, shelter, pond, parking, sidewalks, open space and landscaping) that provide day -use type recreational opportunities. The development of the Cottonwood Glen Neighborhood Park has been designed to accommodate the planned community park uses in this northern area. 20. First Reading of Ordinance No. 36, 1999, Authorizine the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at a 4.61 percent interest rate. The agreement shall be for an original term from the execution date of the agreement to the end of the current fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. 21. First Reading of Ordinance No. 37, 1999, Vacating Street Riehts-of-Wav for White Mountain Court and Bridgefield Lane as Dedicated on the Plat for Windtrail Park PUD. This Ordinance vacates the street rights -of -way for White Mountain Court and Bridgefield Lane. The rights -of -way for these streets are not needed as the layout of this area has changed with the 112 March 2, 1999 current proposed use. White Mountain Court is no longer needed and Bridgefield Lane will be dedicated as ROW in an area further west on the property as the developer has decided not to divide the site with a street. The vacation of these streets was prompted by the submittal of a development proposal"Care Housing at Windt-ailParV. Since Bridgefield Lane currently exists and provides a connection from Rolland Moore Drive (a signalized intersection with Shields Street) to the neighborhood to the north, the area of Bridgefield Lane will be retained as a utility and access easement. This will allow the road to remain until the new Bridgefield Lane can be built and accepted, the easement will then be vacated to allow for the construction of units in this area. Since White Mountain Court does not currently exist and utilities are not yet in place, no easements will be retained in this area. 22. First Readine of Ordinance No. 38,1999, Authorizing the Conveyance of Real Property to Gary and CMm L. Delehov in Exchange for an Access Easement. The City's purchase of the Hyde Open Space included land needed for access to Overland Trail Road. This land is no longer needed because other property needed to complete the access to Overland Trail has not been obtained. The Delehoys have agreed to convey to the City a new, non-public maintenance and access easement to the Hyde Natural Area in exchange for the City's unneeded land and $1,600. This easement, together with other easements owned by the City, will provide maintenance access to the Hyde Natural Area from Overland Trail. 23. First Readine of Ordinance No. 39, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Cultural Services and Facilities Fund Implementation of the Arts Alive Program. The City's Cultural Resources Board is recommending funding of a new program entitled Arts Alive. This program is the result of the State of the Arts process instigated by Council members to facilitate a community driven effort to promote and unify the arts in Fort Collins. This proposal recommends start-up funding for the program. The proponents of the program have requested $100,000 from the City for each of the next three years. After various discussions in response to this initial request, the modified approach set out in the Ordinance, which requires matching of funds provided by the City, was developed. Under this approach, after an initial amount of $35,000 is provided by the City, an additional $35,000 would be provided contingent upon and after $35,000 in donations from other sources was received. Additional funds to complete the budget target would also be raised through donations. Subsequent City funding would be considered as part of the regular City budget process. The Arts Alive program is proposed to be carried out under contract by a private, non-profit organization designed to serve as a central arts agency for the Fort Collins community. Its functions would include promoting excellence in the arts; increasing awareness and visibility for the arts; broadening the base of financial support for the arts; insuring the financial stability of local arts organizations; and maximizing economic benefits that the arts provide for our community. 113 March 2, 1999 24. First Reading of Ordinance No. 40, 1999, Amending Various Sections of the Transitional Land Use Regulations Relatine to the Consolidation of the Office of Electric Utility Services and the Office of Water, Wastewater and Stormwater Utility Services. Ordinance No. 198, 1998, which was adopted on Second Reading on November 17, 1998, consolidated the Office of Electric Utility Services and the Office of Water, Wastewater and Stormwater Utility Services into one service area, the Office of Utility Services. In view of this reorganization it is necessary to also make amendments to the Transitional Land Use Regulations to change references to the "General Manager of the Water, Wastewater and Stormwater Utility" to the "General Manager ofUtility Services." Also, references to the"Office of the Electric Utility" and "Office of the Water, Wastewater and Stormwater Utility" should be changed to the "Office ofUtility Services." The necessary changes are detailed in this Ordinance. 25. Resolution 99-24 Finding Substantial Compliance and Initiating Annexation Proceedings for or the Wvkoff-Larimer First Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 6.69 acres in size and is located north of County Road 38E and west of Taft Hill Road. The existing use of the property is large lot residential in Larimer County. The landowner has requested zoning for this annexation in LMN -Low Density Mixed Use Neighborhood. The zoning proposed by the staff for this annexation is RF-Residential Foothills. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on April 20, 1999. Not less than thirty days prior published notice is required by State law. 114 March 2, 1999 26. Resolution 99-25 Finding Substantial Compliance and Initiating Annexation Proceedings fg or the Wykoff-Larimer Second Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is 14.47 acres in size and is located north of County Road 38E and west of Taft Hill Road. The existing use of the property is large lot residential in Larimer County. The landowner has requested zoning for this annexation in LMN-Low Density Mixed Use Neighborhood. The zoning proposed by the stall' for this annexation is RF-Residential Foothills. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on April 20, 1999. Not less than thirty days prior published notice is required by State law. ***END CONSENT*** Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 21, 1999, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund Art in Public Places Reserve Account for Payment Toward the Sculpture Commemorating the 1997 Flood. 9. Second Reading of Ordinance No. 22, 1999, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between the Storm Drainage Fund Dry Creek IhNrovements Project and the Storm Drainage Fund Colorado Water Conservation Board Grant. 10. Second Reading of Ordinance No. 23,1999, Amending Section 2-203 of the City Code to Add a New Function of the Cultural Resources Board. 11. Second Reading of Ordinance No. 24, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Pu oses the Property Included in the Lemay Avenue 3rd Annexation. 12. Second Reading_of Ordinance No. 25, 1999, Recognizing an Abandonment of Ditch and Pipe Line Rights-of-Wav in Exchange for the Granting of Two Water Line Easements. 13. Second Reading of Ordinance No. 27,1999, Amending Chapter 23 of the Citv Code by Adding Provisions Pertaining to Natural Areas. 115 March 2, 1999 14. Second Reading of Ordinance No. 28,1999, Amending Chapter 23 of the Ci Code by Adding Provisions Pertaining to Parks, Trails, and Recreation Areas. 15. Second Reading of Ordinance No. 29, 1999, Amending Chapter 4 of the City Code to Add an Exception to the Prohibition Against Animals at Large and Clarify the Existing Exception for Police Dogs. 16. Items Relating to the City's Economic Policy. A. Second Reading of Ordinance No. 30, 1999, Continuing and Modifying a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers. B. Second Reading of Ordinance No. 32, 1999, Repealing Section 24-113(b) of the City Code, in Order to Terminate the Street Oversizing Exemption Program. 32. Second Reading of Ordinance No. 31, 1999, Repealing Article VII, Chapter 5 of the City Code in Order to Terminate the Development h=act Fee Rebate Program. Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. First Reading of Ordinance No. 33,1999,AppropriatingUnanticipated PILOT Revenue from the Fort Collins Housing Authority in the General Fund. 18. First Reading of Ordinance No. 34,1999, Authorizing the Transfer of Existing Appropriations Between Funds. 20. First Reading of Ordinance No. 36, 1999, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. 21. First Reading of Ordinance No. 37, 1999, Vacating Street Ri is -of -Way for White Mountain Court and Bridgefield Lane as Dedicated on the Plat for Windtrail Park PUD. 22. First Reading of Ordinance No. 38,1999, Authorizing the Conveyance of Real Property to Gary and CMm L. Delehoy in Exchange for an Access Easement. 23. First Reading of Ordinance No. 39, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Cultural Services and Facilities Fund Implementation of the Arts Alive Program. 116 March 2, 1999 24. First Reading of Ordinance No. 40,1999, Amending Various Sections of the Transitional Land Use Regulations Relating to the Consolidation of the Office of Electric Utility Services and the Office of Water, Wastewater and Stormwater Utility Services. 30. First Reading of Ordinance No. 41,1999, Making Various Amendments to the Fort Collins Land Use Code. 31. First Reading of Ordinance No. 42, 1999, Amending the "Storm Drainage Design Criteria and Construction Standards" by Revising the Rainfall Intensity Duration Curve Graph. Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Smith spoke regarding the Consent Calendar item relating to the Art's Alive program. Councilmember Mason spoke concerning the appropriation for the Art's Alive program outside of the normal budget cycle. Councilmember Bertschy spoke regarding the challenge to the group that brought the Art's Alive program forward to match the funds appropriated by the City. Mayor Azan spoke in support of the Art's Alive program and community funding for the arts, and talked about the lengthy process that contributed to the proposal coming forward outside the normal two-year budget cycle. Staff Reports City Manager Fischbach reported on the new projection system in the Council Chambers. Councilmember Reports Councilmember Mason reported on the Finance Committee's discussions regarding budget issues and the Art's Alive program. 117 March 2, 1999 Councilmember Mason reported on the Growth Management Committee's discussions regarding the Land Use Code updates, the West Central Neighborhoods Plan, the Mountain Vista Subarea Plan, the Latimer County TDU program, and a collector street in Huntington Hills. Councilmember Mason reported on the Legislative Review Committee's discussions concerning monitoring of upcoming legislation relating to concealed weapons, takings, vested rights, transportation, and finance. Councilmember Smith reported on the Legislative Review Committee's discussions regarding finance bills. Councilmember Smith commented on Sister Mary Garcia's presentation on the Honduras hurricane recovery efforts and an approach to pairing with a Honduras community. Items Relating to the Land Use Code, Adopted The following is stairs memorandum on this item. "Executive Summary A. Resolution 99-26 Amending Policy GM-5.1 of the 'Principles and Policies" Element of the Comprehensive Plan of the City. B. FirstReadingofOrdinanceNo. 41,1999, Making Various Amendments to theFort CollinsLand Use Code. These recommendations address four issues that were originally identified as part ofthe Fall 1998 Land Use Code maintenance process, but which were not included in the December ordinance in order to allow time to work on the issues. The issues addressed by these proposed revisions are: Re-evaluation and refinement of the Natural Habitat Protection Standards; 2. Re-evaluation and refinement of the "Block Standards" and other development standards contained in the LMN, MMN, NC and CC zones. 3. Exemption ofth e Harm ony Corridor an d Fossil Creek Reservo ir Pla n areasfrom th e Contigu ity requirement contained in the Compact Urban Growth Standards. 118 March 2, 1999 4. Clarification andrefinementoftheprocessandstandardsforPlanningandZoningBoardreview of requests for Modifications to Land Use Code standards. The exemption of the Harmony Corridor and Fossil Creek areas from the contiguity requirement (issue 3 above) requires Council adoption of a Resolution to amend the City Plan Principles and Policies. Each of the issues addressed by these proposed revisions is considered by staff to be a major revision as opposed to being a minor housekeeping issue. Staff will make a full presentation regarding each issue. Staff briefly reviewed these issues with the Council Growth Management Committee at its February 22 meeting. The Planning and Zoning Board held a public hearing on these issues on February 19, 1999, and recommended that Council adopt the proposed revisions, with the exemption of one element of the proposed changes to the "Block Standards". The Planning and Zoning Board's recommendation is outlined in more detail below. EXECUTIVE SUMMARY.• These recommendations address a number ofissues that have recently emerged or have otherwise been identified bystaffas being appropria te to consider outside the context ofthesemi-annual Land Use Code maintenance process. Re-evaluate the Natural Habitat Protection Standards. The Council Growth Management Committee directed staffto re-evaluate the NaturalArea and Features protection regulations contained in the Land Use Code in response to concerns voiced by the Natural Resources Advisory Board and the Planning and Zoning Board. Key issues ofconcern that have been identified include how the minimum buffer distances from natural areas are determined, as well as what kinds of vegetation is appropriate within the buffer zone. Staff is proposing the following revisions to respond to these concerns: a. Generally re -organize and clarify the existing standards to provide a clearer applicability statement and to eliminate redundant language; b. Clarify the standards used to establish natural area buffers by utilizing a table of specific recommended minimum buffer distances for different types of resources to be used in conjunction with existing performance criteria; c. Give the Planning and Zoning Board authority over the buffer distanceperformance criteria in Type 2 review projects; 119 March 2, 1999 d. Require Planning and Zoning Board review of projects impacting Sensitive and Specially Valued Species; e. Require native vegetation be used in restoring buffer areas when non-native vegetation is present; f. Strengthen existing design standards for projects in stream corridors by clarifying their applicability to above -ground utilities. This issue has been extensively reviewed with the Planning and Zoning Board, the Natural Resources Advisory Board, and the Parks and Recreation Board. Both the Natural Resources Advisory Board and the Parks and Recreation Board voted to recommend that Council adopt the Code revisions as proposed. Attachment 1 consists ofa memo from Tom Shoemaker dated February 3 that provides background on this issue and outlines the key elements of the proposed revisions. 2. Re-evaluation and refinement of the 'Block Standards" and other development standards contained in the LMN, MMN, NC and CC zones. Experience with recent projects indicates the need to continue to refine the various standards contained within the LWock Standards". Past refinements have addressed difficulties with applying the standards to in -fill development. Current concerns relate to the mix of land use and block types required by the standards. To address these issues, staff is proposing the following changes to the following zones: a. LMNZone: Revise the neighborhood center requirement to require that 90percent of all units be within 314 mile of a neighborhood center, instead of requiring a neighborhood center to be located in each quarter section. It. MMNZone: Replace the civic block requirement with a new requirement that 90 percent of all residential units be within 114 mile of a park, plaza or other civic amenity. c. MMN, NC and CC Zones: Replace the block type mix requirements with limitations on specific secondary uses. Delete minimum FAR requirements. Replace the minimum number of building stories with a minimum building height requirement. d. NC and CC Zones: Allow 10 acre size for blocks with supermarkets. 120 March 2, 1999 Attachment 2 is a memo from Tom Vosburg dated February 3, 1999, that provides additional background information related to this issue. The Planning andZoningBoard recommended that Council adopt each ofthe changesproposed by staff, except that the minimum two-story building height requirement be retained in the Code and not replaced by a minimum building height of20 feet. While the Board agreed that it was inappropriate to mandate all buildings in the NC and CC zones be two stories, the Board requested that the existing requirements stay in effect until staff could proposed requirements that provide stronger incentives for two-story development in these areas. Staffcontinues to recommend to Council that the two-story requirement be eliminated and replaced with minimum building height requirement toprovide an interim response to this issue until additional work on the development standards can be completed later this year. 3. Exemption of the Harmony Corridor and Fossil Creek Plan areas from the contiguity requirement contained in the Compact Urban Growth Standards. Certain properties within the Harmony Corridor Plan and the Fossil Creek Reservoir Area Plan have been identified that do not meet the Land Use Code (Article 3) 116 Development Contiguity requirement. Several landowners, and representatives within these two subareas, have brought this issue to staff's attention and have expressed concerns that failure to meet this standard will jeopardize their plans to pursue development in the foreseeable future. In addition, these owners question whether the application of this standard is appropriate to areas which have been determined through the subarea planning process to be ready for urban development. Staff proposes to amend the Code to exempt the Harmony Corridor and Fossil Creek Plan areas from the contiguity requirement. The requirement would continue to apply in all other areas of the City. Staff also proposed to amend the City Plan Principles and Policies to make Policy GM-5.I regarding contiguity consistent with this exemption. Attachment 3 is a memo from Pete Wray dated February 3, 1999, that provides additional background information related to this issue. The Planning and Zoning Board recommended Council adopt this proposed revision, with the reservation that the Pedestrian Level of Service standard be reevaluated to determine if it is appropriate to increase the distance within which offsite pedestrian improvements may be required. 4. Clarification andrefinementoftheprocess andstandardsforPlanning and ZoningBoardreview of requests for Modifications to the Standards of the Land Use Code. 121 March 2, 1999 Staff has identified the need to clarify how requests for Planning and Zoning approval of Modifications to Standards may be processed and approved under Division 2.7 ofthe Code. Currently the Code allows such requests to be processed independently from Project Development Plan applications, but does not define how such a request would be processed. It is important to clarify how to independently process Modification requests because the Modification process is key to maintaining a degree of flexibility in application of the Land Use Code to better accommodate creative design alternatives. Attachment 4 is a memo from Tom Vosburg dated February 3, 1999, that provides additional background information related to this issue. Public Outreach A public open house presenting information on each of these issues was held on January 28, 1999. " City Manager Fischbach presented a brief introduction to the agenda item. Tom Vosburg, Policy Analyst, stated that four broad issues would be addressed by the proposed changes and presented an overview and key points of the four issues: (1) natural habitat protection standards; (2) block standards; (3) an exemption for the Harmony Corridor and Fossil Creek Reservoir areas from the contiguity requirements; and (4) clarification to the modification of standards process. Councilmember Mason asked if the buffer standards for natural habitat are performance standards that must be met. Vosburg spoke regarding types of habitat features and the proposed buffer standards. Councilmember Smith asked about buffer distances and if consideration has been given to purchasing land that would protect significant habitat areas. Tom Shoemaker, Natural Resources Director, spoke regarding the toolbox of options available for natural areas protection, including land acquisition. Councilmember Smith asked if access standards within the block standards is for straight line or walking access. Vosburg stated that the measurement for access is walking distance. Councilmember Smith asked if consideration is being given to transit oriented developments. Greg Byrne, CPES Director, spoke regarding provisions in the City's plans relating to activity centers linked by transportation systems. Councilmember Mason noted that the block standards are referred to as interim standards and asked about the schedule to look at the two-story requirement and the possibility of looking at location in determining building height standards. Vosburg stated that the proposed block standards are not complete as far as building height requirements and that the expectation is that complete standards will be brought forward 122 March 2, 1999 for Council consideration in November of 1999. CouncilmemberMason noted that concerns have been expressed regarding the pedestrian level ofservice standard and asked when staff would be taking a look at the issue. Vosburg stated that staff will be looking at the issue and expects to develop recommendations by November of 1999. Mayor Azari asked if a large number of properties are having difficulty fitting into the new codes. Vosburg stated that some problems have surfaced as a result of the modification of standards process, and it is anticipated that the proposed changes to this process will improve the situation. Greg Byrne noted that language is also being added that would allow the Planning and Zoning Board to grant variances as well as modifications through the same process. Tim Dow, attorney representing Mark and Mary Brophy, property owners at Harmony and Shields, spoke regarding deficiencies in the Code and the significant impact of the proposed block standards and infill and mixed use issues on potential development of the property because of the zoning and size of the parcel. Mark Brophy, 1109 West Harmony Road, stated that the proposed changes are a repeal of the intent of the Land Use Code rather than a revision. He spoke requiring the spacing requirements for neighborhood shopping centers and the impact on the potential value of his property. Councilmember Smith asked if the modified process relating to variances will address this type of concern. Vosburg stated that the proposed changes will not have any bearing on whether the Brophy parcel is developable as a neighborhood center and spoke regarding the reasons for the proposed changes to the spacing requirements for neighborhood centers. Councilmember Smith noted that there would be an opportunity to discuss the Brophy's situation prior to Second Reading of the Ordinance. Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt Resolution 99-26. Councilmember Mason stated that the Growth Management Committee reviewed these changes and recommended approval. The vote on Councilmember Mason's motion was as follows: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None. THE MOTION CARRIED. 123 March 2, 1999 Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 41, 1999 on First Reading. Councilmember Bertschy asked that staff look at the impact on the Brophys prior to Second Reading of the Ordinance. Mayor Azari asked that Council receive information relating to the number of problem parcels in the community. Councilmember Mason asked staff to maintain a running tally regarding the number of Land Use Code revisions that have been made and commended staff for their flexibility in being willing to make revisions to the Code. Councilmember Smith spoke regarding the letter submitted from the Brophys and noted that a number of issues mentioned relate to the Structure Plan rather than the details of the Land Use Code. Vosburg stated that staff will review the letter. Mayor Azari spoke regarding problems with infill developments, asked about the impact of the City's Code and regulations on properties that are not yet done or have to be redone in relationship to City Plan, and expressed a concern that an unintended consequence of City Plan might be parcels ofproperty in the City that can not be developed. Councilmember Mason spoke regarding the evolution of minimum land use standards allowing more flexibility and creativity. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None. THE MOTION CARRIED. 124 March 2, 1999 Ordinance No. 42,1999, Amending the Storm Drainage Design Criteria and Construction Standards by Revising the Rainfall Intensity Duration Curve Graph, Adopted as Amended on First Reading The following is staffs memorandum on this item. "Executive Summa Assessing the specific economic impacts on basin wide master planned facilities is not possible without conducting full masterplan updates. However, we can make several generalizations can be made about the effects of increasing rainfall. Increasing the rainfall criterion to 3.67 inches affects basins with detention ponds more than basins without detention ponds. Peakflows typically do not increase significantly in basins without detention, therefore the cost for improvements shown in existing master plans should not increase significantly. In basins with detention, the increased volume of runoff causes ponds to overtop, thereby increasing the peak flows in channels downstream. The construction of larger ponds to contain the additional volume will cost more. Cost increases are very site specific based on the constraints of the site. Two case studies of detention ponds show cost increases varying f •om 14% to 35%. Newly developing land is required to provide protection for the 100 year design storm, regardless of the benefit -cost ratio. In general, impacts due to increased rainfall would be similar to the basin impacts. The main impact ofusing the 3.67 inch rainfall criterion is the need for additional pond volume. The cost for providing this can be minimal if the site is laid out initially to handle the higher rainfall. Two case studies showed estimated increase to the cost of a typical lot to be 0.5%. BACKGROUND: This Ordinance will mods the current family of design storms used by the City of Fort Collins, which are currently the 100 year, 50 year, 25 year, 10 year, 5-year and 2-year storm f equencies, based on a revised analysis of rainfall data. The following discussion focuses on the 100 year design storm. Council discussed this issue at its January 12 and February 23, 1999 study sessions. In January of 1998, the Utilities embarked on a study to reevaluate the amount of rainfall associated with the 100 year frequency storm. A Precipitation Study Task Force (the "Task Force') made up of technical experts, regulatory agencies, and citizens guided this study. The recommendation ofa majority ofthe members on the Task Force is to increase the 100 year design rainfall criterion from 2.89 inches to 3.67 inches, and make a similar adjustment to the other storm frequencies, to be applied uniformly over the entire city. Letters of support from the Colorado Water Conservation Board (CWCB), Larimer County, and the Federal Emergency Management Agency 125 March 2, 1999 (FEMA) are included in the attached packet The Water Board has also recommended Council adopt an increase in the 100 year design rainfall criterion from 2.89 inches to 3.67 inches, applied uniformly over the entire city. A minority of the members on the Task Force recommend Council adopt 4.37 inches east of Taft Hill Road, and 5.5 inches west of Taft Hill Road. The 5.5 inch value was determined using the Fort Collins gauge data with a higher value for the 1997 storm than was recorded at the gauge station. In the late 1970' City Council adopted the policy to use the 100 year storm for the planning and design of storm drainage facilities. It is used as a standard by the FEMA for floodplain mapping, and is the standard of the CWCB for the analysis of drainage basins. Both of these agencies have regulations that govern the criteria of the City. The current 100 year value used by the City was determined from the National Oceanic and Atmospheric Administration (NOAA) Atlas 2, published in 19 73. NOAA typically conducts theprecipitationfrequency studies for the United States guided by standard engineering and statistical practices. Based on data up to 1969, the City adopted a 100 year design storm criterion of 2.89 inches over a two-hour period. The statistical analysis from the City's recent study resulted in two values for the 100 year storm • 3.67 inches over two hours: based on a regional analysis of Front Range gauge data from Fort Collins, Longmont, and Boulder. • 4.37 inches over two hours: based on data from CSU's gauge in Fort Collins only. To put the numbers in someperspective: The cities of Denver, Loveland, and Colorado Springs use a 100 year design storm of slightly over three inches over two-hourperiod. Theproposed 3.67 inches would result in the Fort Collins value being higher than these other Front Range communities. All of these communities use the 100 year storm as their adopted level of protection for the major drainage system. • The rainfall criterion used by the Denver area Urban Drainage and Flood Control District ranges from 3.0 inches to 3.01 inches over two -hours. The region under the District's jurisdiction ranges from Boulder to six miles east of Denver International Airport. 126 March 2, 1999 • Prior to theJuly 1997storm there had never been a recorded two-hour rainfall amount that exceeded 3.10 inches. • Prior to 1940 there were only two instances where the daily total at the CSU gauge exceeded 4 inches. Given the comparison to other Front Range communities and the feedback received from regulatory agencies, staffstrongly believes the regional analysis (3.67 inches) is the best estimate of the 100 year value. Adoption of a higher value would be, in essence, adoption of a higher level ofprotection than 100 year. Using the regional analysis curve, the 4.37 inch value lies between the 150 and 175 year events, and the 5.5 inch value corresponds to the 325 year event. The 100 year design rainfall criterion is used to calculate runoff flows, map floodplains, and design drainage facilities in new subdivisions and already developed areas. Increasing the design rainfall criterion to 3.67 inches, or even the higher 4.37 inches, will not prevent flooding. Storms of even greater magnitude still have a chance to occur. The City's stormwater management program includes components to address the effects of a larger rainfall. The rainfall used to design drainage facilities is just a start. The remaining components of the City's stormwater management program include: • Storm Drainage Basin Master Planning: the City prepares basin master plans which identify a collection of drainage projects to solve existing and potential drainage problems. The plans are based on 100 year runoffflows, assuming the basin is fully developed. The master plans must show the overall benefits to the basin are outweighed by the cost of the improvements. In some basins, 100 year protection can not be provided since the benefits of the improvements needed to contain 100 year flows do not outweigh the costs. However, adopting the 3.67" design storm criterion does not preclude the Cityfrom providing greater than 100 year protection in master planned facilities when the need is shown and the economics warrant it. Currently, the City is in the process of re- studying two west -side basin masterplans, Canal Importation and West Vine. Through this process, greater protection on the west side can be evaluated. • Factors of safety in design: one foot of freeboard on channels and ponds, as well as controlled spillways for ponds, allow these facilities to safely pass more than the design storm. The City is currently revising the Storm Drainage Design Criteria to incorporate additional items such as analyzing the impacts of larger storm events to help guide the design of new developments and provide information to future homeowners about potential problems, requiring controlled spill locations on irrigation ditches that run through new developments, and assuming partial blockage of culverts under roads when designing the size of road crossings. • Sensible floodplain regulations to avoid putting people and property at risk: the City already 127 March 2, 1999 regulates to higher standards than FEMA, as well as regulating many local Jloodplains. Certain critical facilities are not allowed in 100 year and 500 year floodplains. A Task Force has been formed to look at additional changes to the current floodplain regulations. • Emergency response: the City is in the process of updating its early warning system. As part of a FEMA grant, stream/low and precipitation gauges, enhanced weather information, an auto - telephone dialing system, an AM radio station for emergency management, and an enhanced cable TV override system will be installed. The goal is to be able to provide real time flood inundation mapping to enhance response to flooding and notify and evacuate residents if necessary. • Education and outreach: the City currently provides jloodplain determinations and continues to send fliers to all floodplain residents yearly. Awareness is also raised through articles in City News and the newspaper. A Flood Education Day was held at the mall in 1998 and will be held again in 1999. The City § Office of Emergency Management has created a web page that has information aboutpastflooding history and emergencypreparedness. Many oftheproposedprojectsfor FEMA ' Project Impact will be focusing on education about emergency management and hazard mitigation. Staffwill be creating education programs for the schools, movie theatre based outreach, videos, web site information, and more newspaper articles. This education outreach will include common sense components such as how to grade lots to prevent local flooding, how to protect valuables in case of a flood, cautions about what to do and not do (such as driving in water) during a flood. • Flood proofing and Flood insurance: the City continues to provide floodproofing information to interested residents. The program was greatly expanded in 1998 utilizing FEMA funds. Staff is currently working with 32 homeowners to construct jloodproofing measures for window wells, outside stairways, and doors. This program is being considered for continuation in the future. The City also encourages all residents to obtain flood insurance, even if they are not in a designated floodplain. The City is currently rated a Class 6 in FEMA' Community Rating System. This entitles all flood insurance policy holders to a 20% discount on their insurance premium. • Maintenance of the stormwater system: the City continues to inspect the drainage system and perform debris removal as needed. This ensures the system will perform as designed during a storm event. There is no way to know if the recommended value is, or ever will be, the absolutely correct value for the 100 year event. As more information is gathered over the next few decades the value will be refined, and it will change again. The recommended value of 3.67 inches over two hours represents a reasonable 128 March 2, 1999 value based on the information currently available. This will give the City a drainage system which will not necessarily be ' flood proof' but will, in conjunction with all the other components ofthestormwater program, minimize property damage and loss of life during all storm events. " Councilmember Byrne stated that two Committee members representing the minority view would like to speak and suggested allowing each seven minutes to speak. The consensus of the Council was to permit seven minutes for each of these individuals to speak. City Manager Fischbach presented brief introductory remarks regarding the proposed Ordinance. Susan Hayes, Senior Stormwater Engineer, presented background information regarding the current 100- year standard and stated that the issues are the level of protection and the amount of rainfall associated with that level of protection. She spoke regarding the City's study of the issues, the work of a diverse advisory task force, data collection and the conduct of the study. She stated that the recommendations of staff, the Water Board, and a majority of the task force are to adopt a 100-year standard of 3.67 inches over two hours and to apply it uniformly over the City, and due to the lack of data, to install additional rain gauges to study precipitation differences across the City. She stated that the minority opinion on the task force was to adopt a 4.37 inch value as the 100-year criteria and to recognize that there is an even higher value of 5.5 inches on west of Taft Hill Road. She spoke regarding public outreach efforts and work that was done with the development community and other agencies. She stated that adoption of a higher rainfall standard is in essence adoption of a level of protection higher than the 100-year storm standard. She noted that adoption of a higher standard will not prevent all flooding and that extreme events are addressed through other components of the stormwater and emergency planning programs. Paul Clopper, Water Board Chairman, presented the Water Board's perspective on the topic and summarized the Water Board's involvement in developing the majority recommendation. He stated that recommendation of the Water Board is the 3.67 inch value for the 100-year design two-hour storm and noted that the number will change as additional data is gathered over time. Mike Smith, Utilities Director, summarized the actions already taken by Council regarding master plans and financing of improvements on an accelerated construction schedule through a City-wide basin fee. He noted that the City Code has a provision that allows the Utilities Department to enhance a master plan if there is a particular need. Councilmember Smith asked about the costs associated with raising the protection standard to a higher level. Mike Smith spoke regarding the difficulty of determining such costs at this point prior to master plan revisions and noted that costs would increase as the protection level is increased but would depend on the area and facilities being designed. Councilmember Smith asked for an explanation of the actual impact of changing the rainfall data on the system, facility construction and fees. Mike Smith stated that new construction figures will be available 129 March 2, 1999 after the master plan revisions, and the Council and Water Board will be involved in deciding timeline options for facility improvements. Councilmember Mason asked how the west side of town is defined. Mike Smith stated that the majority of improvements will be needed west of Taft Hill Road and in the Avery Park area. Don Heyse, 1842 Corriedale Drive, Precipitation Advisory Task Force member and Fairbrooke Heights resident, presented a minority task force report in favor of establishing a rainfall standard for Fort Collins of 4.37 inches for a 100-year, two-hour design storm based on statistical analysis, physics and historical observations. He spoke regarding the trends toward global warming, climactic change and intense storms. Dr. Wayne Charlie, Professor of Civil Engineering at Colorado State University, spoke regarding flood depth records at the university from 1902, 1938, 1951, 1992 and 1997 and documented floods levels at the campus heating plant. He spoke regarding the floodwaters from the west side of town that impacted the campus in the 1997 flood and stated that the current rainfall standard should be increased. Patty Heyse,1842 Corriedale Drive Fairbrooke Heights resident, supported the 4.37 inch rainfall criterion in the interest of public safety. Don Fagerberg, 1304 Constitution, supported the 4.37 inch criterion and spoke regarding the concerns of the Avery Park neighborhood. Chuck Walrath, 1100 Skyline Drive, spoke in support of the 4.37 inch criterion to decrease the risk of flooding. David Klockeman, 2900 Mercy Drive, supported the task force recommendation of a 3.67 inch rainfall criterion. Gary Kietzmann,1924 Dorset Drive, spoke in support of the minority recommendation of the task force to improve flood protection for the community. Kim lnnes, 2620 Hollingboume Drive, spoke in opposition to the 3.67 inch rainfall criterion recommendation and the use of regional data. Ed Zdnek, ZVFK Architects, spoke regarding the timing of implementation and the potential impact of stormwater revisions on pending developments. Nolan Doesken, Research Associate with the CSUAtmospheric Sciences Department, Assistant State Climatologist, and Precipitation Advisory Task Force member, supported the 3.67 inch criterion based on the available data and spoke regarding the work of the task force. 130 March 2, 1999 Jim Allen -Morley, 911 Woodford Avenue, supported the 3.67 inch recommendation and noted that problem areas can be addressed within the existing Code provisions. Gary Vette, 1625 West Elizabeth, Woodbox and Avery Park Associations, spoke regarding irrigation canals, the need for flood protection in west central Fort Collins, and damages of the 1997 flood. Councilmember Smith asked about flood insurance rates and flood risk data for different geographic areas of the City. Bob Smith, Stormwater Utility Manager, spoke regarding floodplain insurance maps and calculation of insurance rates. Councilmember Smith asked about changes to the floodplains and basins resulting from the use of different rainfall data. Bob Smith stated that these changes will be determined after the master plans are revised and will be site specific. Councilmember Smith asked whether changes to the floodplain maps will place additional properties in high risk areas and encourage the purchase flood insurance for these properties. Bob Smith stated that lending institutions require the purchase of flood insurance for properties in a federally designated floodplain. Councilmember Mason asked for clarification that FEMA will accept the 3.67 rainfall criterion, that the expanded floodplain is then accepted by FEMA, and if the adopted rainfall criterion is greater than 3.67 inches that the lending institution will only recognize the 3.67 inch criterion. Bob Smith spoke regarding flood insurance requirements in a FEMA designated floodplain. Councilmember Byrne asked about the shift from the initial task force recommendation of a 4.37 inch criteria to the final recommendation of a 3.67 inch criterion. Hayes spoke regarding the initial recommendation and the draft report prepared by WRC, the engineer hired by the City, and subsequent analyses, debate and discussion which resulted in the majority recommendation of the task force. Councilmember Byrne clarified that the 3.67 inch recommendation is supported by FEMA and the Colorado Water Conservation Board and asked about the impact of the views of these agencies. Hayes stated that these agencies would not support a higher value for a 100-year storm and that the CWCB must approve the City's master plans before implementation. Councilmember Byrne asked about the impact on developments that are already in process. Hayes stated that staff is working with developments that are in progress on voluntarily using the 3.67 inch standard. 131 March 2, 1999 Councilmember Bertschy asked about the impact of development on the floodplain and the availability of any statistical information the increase in storm runoff due to lack of absorption as development occurs, and whether an inadequate stormwater system on the west side of town accentuates the problem on the east side of town. Hayes stated that this type of information will be developed during the master planning process and that conservative assumptions are used in the analysis. Mayor Azari spoke regarding the impact of street design, inadequate sewage lines, and irrigation canals in the 1997 flood and asked about coordinated planning for all of such factors. She expressed a concern regarding working with developments that are in progress. City Manager Fischbach stated that the intent is that developments that are in progress should proceed under the existing standards. Hayes stated that the rainfall criteria is only one point in the entire program and spoke regarding the ongoing process to update design and floodplain criteria. Mike Smith spoke regarding the sewage problems in the 1997 flood. Councilmember Mason asked about the detention pond at Avery Park and the outlet into the ditch. Hayes spoke regarding the interim improvements that have been made pending the completion of the canal importation master plan. Bob Smith spoke regarding the intent of the temporary improvements. Councilmember Bertschy made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 42, 1999 on First Reading with amendments as follows: (1) to amend Section 3 to provide that adequate increased measuring devices be installed City-wide and that there be an annual review and analysis of the information gained from the measuring devices and other appropriate sources, and (2) to amend Section 4 to provide that the Director of Utilities be authorized to set basin, regional, or neighborhood standards in the face of evidence concerning rainfall and storm drainage statistics, which warrant such adjusted standards. City Attorney Roy stated that prior to Second Reading staff will review the existing Code provision granting authority to the Director of Utilities to ensure that the proposed amendment to Section 4 is not inconsistent. Councilmember Bertschy spoke regarding the need to collect additional data and stated that setting a City- wide standard that is higher than could be sustained City-wide may not be in the best interest of the City. He spoke regarding the need for an ability to adjust for differences in basins and regions of the City. Councilmember Mason suggested a need to define the west side of town. Councilmember Smith asked how cost is allocated for improvements to specific areas. Mike Smith stated that under the present model the cost of stormwater improvements is allocated equally across the City. Councilmember Byrne spoke regarding the City's response to protect public safety and stated that this is only one step in taking prudent measures to do what is best for the community. 132 March Z 1999 Councilmember Smith stated that he would support the motion and spoke regarding the need to balance protection with cost. He suggested that the philosophy of equal allocation of the cost across the City may need to be revisited and a variable funding component may need to be introduced to pay for improvements that would be beyond a basic level funded by the City as a whole. Councilmember Mason stated that he would not support the motion and that the east and west sides of the community are different and should have different rainfall standards. He spoke regarding global warming, climactic changes, and storm intensity. Councilmember Bertschy stated that the data does not yet support a higher rainfall standard for the west side of town and that there is a need to move forward with stormwater master plan revisions. Mayor Azari stated that public policy should not be made on the basis of one incident and that long term data is extremely important. She spoke regarding the flooding damage on the east side of town in 1997. She expressed a concern that such matters be addressed in a coordinated way and supported continuing City-wide allocation of costs. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne and Smith. Nays: Councilmember Mason. THE MOTION CARRIED. Ordinance No. 31,1999, Repealing Article VII, Chapter 5 of the City Code in Order to Terminate the Development Impact Fee Rebate Program. Adopted on Second Reading The following is staffs memorandum on this item. "Executive Summary The Development Fee Rebate Program was initiated in 1990 with City Council approval. The Program was originally a Fee Waiver program, with the General Fund actually bearing the burden for the firm. The program was modified in 1994, and converted to a Rebate Program. In this way the firm pays the fees up front, and then receives a rebate of the fees (as approved by Council) over time using the sales and use taxes received from the firm. At the time the program was designed it was intended to assist in the location and expansion of basic industrial firms by reducing the initial costs associated with the construction/expansion of thefirms facilities. Since the program's inception, roughly $980, 000 has been approved by Council. The actual results associated with the program have, however, been very difficult to gauge. Ordinance No. 31, 1999, which was adopted 4-3 on First Reading on February 16, 1999, repeals the City Code provisions establishing the program, and terminates the operation of the program. " 133 March 2, 1999 City Manager Fischbach presented brief background information regarding the item. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 31, 1999 on Second Reading. Mayor Azari stated that she would vote in opposition to the motion. Councilmember Smith supported the capability to give rebates to local firms that are contributing members of the community. He spoke regarding the use of the fiscal and environmental impact model. Councilmember Byrne opposed rebates to attract large outside companies to Fort Collins. He spoke regarding other State -financed mechanisms for economic development and spoke in favor of programs that will benefit smaller companies that need assistance. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Bertschy, Byrne and Mason. Nays: Councilmembers Azari and Smith. THE MOTION CARRIED. Executive Session Authorized Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to discuss land acquisition and sale and legal matters. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The meeting adjourned into Executive Session at 9:30 p.m. and reconvened following the Executive Session at 10:10 p.m.) Other Business Councilmember Smith asked ifthere is support for participation in the Honduras relief effort and working with Sister Mary Garcia in some type of city -to -city exchange. Councilmember Byrne requested information on previous efforts to pair with a Honduran city. City Manager Fischbach stated that he would report back to Council on these efforts. Mayor Azari spoke regarding the need for technical people in the relief efforts. 134 March 2, 1999 Adjournment Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn the meeting to March 9,1999 at 7:15 p.m. or as soon thereafter as possible to consider adjourning into Executive Session to conduct the quarterly review of the City Manager. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None. Isom IaLVAWYWKWOOR:9hl�l The meeting adjourned at 10:20 p.m. ATTEST: n �^ City Clerk 135