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HomeMy WebLinkAboutMINUTES-11/04/1997-RegularNovember 4, 1997 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, November 4, 1997, 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: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Fischbach, Krajieck, Roy. Citizen Participation A representative of CoPirg spoke of recycling concerns and of how government agencies can help by purchasing recycled products and urged Council to adopt a "Buy Recycled" policy. Citizen Participation Follow-up Councilmember Mason thanked the previous speaker for her suggestion and recommended Council consider adopting a policy matching the federal government's program. Councilmember Bertschy spoke of the City's aggressive recycling policy, but supported adopting a policy matching the federal government's program. Agenda Review City Manager John Fischbach stated Item # 17, Items Relating to the Timberline Enclave Annexation and Zoning, was updated to include an industrial area and the revised item was placed in Council's "Read Before the Meeting" folder. Sally Craig, 1409 South Summitview, requested that Items #10, Items Relating to the Miller -Fox Enclave Annexation and Zoning, and # 17, Items Relating to the Timberline Enclave Annexation and Zoning, be withdrawn from the Consent Agenda. CONSENT CALENDAR Consideration and approval of the regular meeting minutes of August 5 August 19 September 2, September 16 and October 7 161 November 4, 1997 8. Second Reading of Ordinance No 154 1997 Amending Chanter 26 of the City Code Relating to Fees for Raw Water Requirements of the Water Utility. Ordinance No. 154, 1997, which was unanimously adopted on First Reading on October 21, 1997, increases the cash rate charged developers for satisfaction of raw water requirements from $1,800 to $2,700 per acre foot. The cash rate, which is adjusted periodically to reflect the current price of raw water, is also the basis for a surcharge paid by nonresidential customers for water used in excess of their annual allotment. 9. Items Relating to Rubbish. A. Second Reading of Ordinance No. 155, 1997, Amending Sections 12-16 and 20-41 of the Code of the City of Fort Collins to Include Within the Definition of"Rubbish" Upholstered Furniture That Is Designed, Manufactured and Intended Primarily for Indoor Use but Is Used or Stored Outdoors. B. Second Reading of Ordinance No. 156, 1997, Amending Section 20-44 of the Code of the City Regarding the Removal Procedure for Rubbish. Ordinance No. 155, 1997, which was unanimously adopted on First Reading on October 21, 1997, amends the definition of "rubbish" to clearly prohibit the use of "indoor" upholstered furniture outdoors where it is exposed to the elements. The definition would include "upholstered furniture that is designed, manufactured and intended primarily for indoor use but is used or stored outdoors on property. This would apply whether or not the furniture is actually discarded. By clarifying this definition, placing this type of furniture outdoors at a residence would more clearly be a violation of the provisions in Chapters 12 and 20 of the City Code which are used to enforce rubbish complaints. Ordinance No. 156, 1997, which was also unanimously adopted on First Reading on October 21, 1997, amends the procedure for abating nuisance properties is also included for Council's consideration. Currently, no procedure exists for citizens to appeal a notice of nuisance and abatement. Approximately 25 cases of violations of the refuse or rubbish ordinances are abated each year. 10. Items Relating_to the Miller -Fox Enclave Annexation and Zonina. A. Second Reading of Ordinance No. 157, 1997, Annexing Property Known as the Miller -Fox Annexation and Zoning. 162 November 4, 1997 B. Second Reading of Ordinance No. 158, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Miller -Fox Annexation. On October 21, 1997, Council unanimously adopted Resolution 97-138 Setting Forth Findings of Fact and Determinations Regarding the Miller -Fox Enclave Annexation and Zoning. On October 21, 1997, Council also unanimously adopted Ordinance No. 157, 1997 and Ordinance No. 158, 1997, which annex and zone an enclave area approximately 4.00 acres in size, generally located on the west side of South County Road 9, between Horsetooth Road and Harmony Road. The property is an existing single-family residence with accessory structures that allow for horses on the property. The recommended zoning for this annexation is HC-Harmony Corridor District, which is consistent with what is identified on the City Structure Plan. 11. Second Reading of Ordinance No. 159, 1997, Rezoning Approximately 101 45 Acres from the RC. River Conservation, Zoning District to the T. Transition, Zoning District (63.72 acres) and the E. Employment, Zoning District (37.73 acres) known as The Timberline Lakes Rezoning. Ordinance No. 159, 1997, was unanimously adopted on First Reading on October 21, 1997 and rezones approximately 101.45 acres located north of Prospect Road, south of the Poudre River, and on either side of Timberline Road, from the R C, River Conservation, Zoning District to the T, Transition Zoning District (63.72 acres) and the E, Employment, Zoning District (37.73 acres). The City continues to negotiate with the property -owner for the purchase of a portion of the property. That portion is being rezoned into the T, Transition zone. When the City completes purchase and receives title to the 63.72 acres that portion will be rezoned again into the POL, Public Open Lands, zone. 12. Second Reading of Ordinance No 160, 1997, Appropriating Funds from the Affordable Housing Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Pro rg am. The Latimer Home Improvement Program (LHIP) is a multi -jurisdictional program that focuses on providing loans to low income households for the purpose of making safety and structural repairs to their homes. Since its inception in 1994, the program has issued 40 home rehabilitation loans to low income households in Fort Collins. The program is administered by the Loveland Housing Authority and uses State of Colorado HOME funds as the primary funding source. In addition to the HOME funds, the State requires each participating jurisdiction to provide 25% in matching funds. The City of Fort Collins match 163 November 4, 1997 has continued to be $22,500 annually. In previous years funds for the LHIP have been allocated by City Council from the City's Affordable Housing Fund. Ordinance No. 160, 1997, which was unanimously adopted on First Reading on October 21, 1997, facilitates the City's participation in the LHIP. 13. Second Reading of Ordinance No. 161, 1997, Vacating Portions of An Alley Located on Block 22 in Connection with the Improvements Associated with the Depot Project. The 1997 City Budget included funding for the beautification and enhancement of Block 22 (bounded by College Avenue, LaPorte Avenue, Mason Street, and Maple Street) and the old freight depot site. Ordinance No. 161, 1997 was unanimously adopted on First Reading on October 21, 1997 and vacates this portion of the existing alley is necessary to complete improvements for an on -site parking lot, pedestrian walkway, and bicycle facilities. 14. Second Reading of Ordinance No. 162, 1997, Granting a Non -Exclusive Sewer Line Easement to South Fort Collins Sanitation District at SouthRidge Golf Course and Fossil Creek Community Park. As a part of the continued development of Huntington Hills, the developer, Huntington Hills, L.L.C. of Colorado needs expanded sewer capacity. After thorough investigation of the options, the developer has requested that the City grant this sewer easement to the South Fort Collins Sanitation District. This easement will be partially located on the Fossil Creek Community Park site, and will parallel Fossil Creek on the SouthRidge Golf Course, connecting with an existing large sewer line adjacent to the 13th fairway, near the SouthRidge Maintenance Building. Ordinance No. 162, 1997 was unanimously adopted on First Reading on October 21, 1997. 15. Second Reading of Ordinance No. 163, 1997, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Fossil Creek Trail System. Construction of the Fossil Creek Trail through the Cathy Fromme Prairie from Taft Hill Road to the underpass at Shields Street is currently underway. In order to continue to the east, the Clarendon Hills Homeowner's Association has offered to donate Tracts A, B, and D along Shields Street for the trail. In return, the City has offered to landscape the Tracts in order to buffer the trail from the homes in the vicinity. Ordinance No. 163, 1997 was unanimously adopted on First Reading on October 21, 1997 and authorizes the acquisition by eminent domain proceedings for certain lands for the Fossil Creek Trail System. 164 November 4, 1997 16. Second Readinf of Ordinance No. 164, 1997, Authorizinp. the Transfer of Appropriations Between the Dry Creek Basin Capital Project And the Art in Public Places Reserve Account in the Storm Drainage Fund to Be Used for the Art in Public Places Program. In connection with the Timberline Road Expansion Project and Dry Creek Basin Project, staff and the Art in Public Places Board have proposed to use $60,000 to commission Robert Tully to create a landscape sculpture comprised of three parts: ripple mounds; a stone bench at the center of the ripples; and a 150 foot masonry wall with wave and willow catkin shapes. Ordinance No. 164, 1997, which was unanimously adopted on First Reading on October 21, 1997 transfers $12,000, or 1 % of the Dry Creek Channel Improvements Project, from that capital project account into the Art in Public Places Reserve Account in the Storm Drainage Fund for expenditure in connection with the proposed project. 17. Items Relating to the Timberline Enclave Annexation and Zoning. A. Second Reading of Ordinance No. 165, 1997, Annexing Property Known as the Timberline Enclave Annexation. B. Second Reading of Ordinance No. 166, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline Enclave Annexation. On October 21, 1997, Council unanimously adopted Resolution 97-145 Setting Forth Findings of Fact and Determinations Regarding the Timberline Enclave Annexation and Zoning. On October 21, 1997, Council also unanimously adopted Ordinance No. 165, 1997 and Ordinance No. 166, 1997, as amended, annexing and zoning an enclave area approximately 435 acres in size, generally located east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The property is primarily in agricultural use, although industrial uses are located along the west side of Timberline Road, including Bredero Price Company (former ENCOAT site) and a number of small businesses in the former Fort Collins Pipe Company building. Existing commercial signs located on these properties must conform to the City's Sign Code at the conclusion of a five-year amortization period. The largest single property -owner within the annexation is Spring Creek Farms, Inc. (approximately 350 acres). The recommended zoning included I, Industrial, E, Employment, UE, Urban Estates, LMN, Low Density Mixed Use Neighborhood, MMN, Medium Density Mixed Use Neighborhood and NC, Neighborhood Commercial. 165 November 4, 1997 18. Second Reading of Ordinance No. 169, 1997, Rezoning Approximately 15.2 acres from the LMN. Low -Density Mixed -Use Neighborhood. Zone. to the MMN. Medium -Density Mixed - Use Neighborhood, Zone. Known as the Good Samaritan Village Rezoning On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property owner and/or the adjacent property owners and residents did not agree with staffs recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a free rezoning process to be completed after adoption of the ordinances. The process would look again at the Ciry Structure Plan map and potential zoning designation. While this property was not identified as one of the March 1997 issue areas, it is staffs opinion it should be treated as one and, thus, should be considered a continuation of rezoning process of March 1997, establishing zoning for City Plan. Ordinance No. 169, 1997, which was unanimously adopted on First Reading on October 21, 1997 rezones approximately 15.2 acres located north of Trilby Road and west of Constellation Drive from the LMN, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed -Use Neighborhood, Zone. 19. Second Reading of Ordinance No 172, 1997 Adjustin the he Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. In September, 1968, Council adopted Ordinance No. 38, 1968, which established the original parkland fee, to fund the acquisition and development of parks. That fee has since been amended numerous times, including repeated fee adjustments and refinements of the related procedures and requirements, and is now known as the Neighborhood Parkland Fee. By the adoption in August, 1993, of Ordinance No. 82, 1993, the Council directed the City manager to annually review the Neighborhood Parkland Fee and submit to the Council proposed inflation -related increases based on the Denver -Boulder Consumer Price Index. On August 20, 1996, Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance, and updated the fee schedule to reflect pre-1996 inflation. Based on the Denver -Boulder Consumer Price Index for all urban consumers, the inflation level since the end of 1995 is an increase of 7.32%. This Ordinance, which was unanimously adopted on First Reading on October 21, 1997, adjusts the fee schedules in Chapter 7.5 and Chapter 23 to reflect this level of increase for each of the fees. 166 November 4, 1997 20. Second Reading of Ordinance No. 173, 1997, Amending Chapter 26 of the City Code Relating to User Rates and Charges for the Water Utilities. The recommended 1998 budget for the Water Utilities includes revenue projections based on an overall water rate increase of 6% and wastewater rate increase of 2%. Ordinance No. 173, 1997, which was unanimously adopted on First Reading on October 21, 1997, includes several rate changes based on the results of recent cost of service analyses done by staff. Such analyses are conducted every few years to ensure that the costs of providing service to different customer classes are based on historical usage patterns. The cost of serving any group of customers changes over time due to changing service requirements and/or changing water use patterns. This Ordinance makes several adjustments to existing rates to more closely align the cost of providing service with the benefit received. 21. Items Relating to the 1998 Downtown Development Authority_ Budget A. Second Reading of Ordinance No. 174, 1997, Being the Annual Appropriation Ordinance Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 1998, and Fixing the Mill Levy for the Downtown Development Authority for 1998. The Downtown Development Authority adopted the proposed DDA budget for 1998, totaling $614,817, and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of October 2, 1997. Ordinance No. 174, 1997, was unanimously adopted on First Reading on October 21, 1997. B. Second Reading of Ordinance No. 175, 1997, Appropriating Revenue in the Downtown Development Authority for Payment of Debt Service for the Year 1998. This Ordinance, which was unanimously adopted on First Reading on October 21, 1997, appropriates funds for the payment of Downtown Development Authority debt service for 1998. Included in this Ordinance is a recommended appropriation of $200,000 to be used for debt service connected with a short term borrowing arrangement that would permit DDA to fund the improvements to the comer of Mountain Avenue and Mathews Street, contingent upon the necessary Council approval of this borrowing arrangement. At its November, 1996 meeting of the Board of Directors of the DDA, consideration was given to the development of a mixed -use development project to be located at the site of the old Mawson Lumber Store on the southeast comer of Mountain Avenue and Mathews Street. Because of the proposed project's positive impact, the DDA agreed to arrange for use of DDA funds to provide $200,000 in right-of-way improvements in connection with that 167 November 4, 1997 project, subject to City Council approval and City cooperation in arranging a short term borrowing from a local lender that will enable the use of DDA funds for the improvements. 22. First Reading of Ordinance No. 177, 1997, Authorizing the Sale of Certain Improvements Formerly Known as the Colorado State Patrol Building at 2412 East Mulberry Street Acquired by the City in Conjunction with the Timberline Road Improvement Project. The Timberline Road Improvement Project necessitated the purchase of the Colorado State Patrol Office located at 2412 East Mulberry Street. The Council approved this purchase by adoption of Resolution 97-136 on October 7, 1997. Staff has determined that the City does not have an appropriate use for the building. Therefore, the building will need to be demolished at a cost of approximately $10,000 or moved prior to the road construction. To eliminate this expense for the City and to possibly generate revenue for the project, staff is recommending that the City obtain bids for the building, and require that the bids reflect that the cost associated with moving the building will be borne by the ultimate purchaser. 23. First Reading of Ordinance No. 178, 1997, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Equipment and Appropriating the Proceeds of Such Financing. This Ordinance authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Financial Corporation at 5.04% interest rate. The agreement shall be for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total term of seven 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. 24. First Reading of Ordinance No. 179, 1997, Amending Chapter 8 of the City Code to Permit Competitive Negotiation of Strategic Business Alliances by City Utilities. This Ordinance amends the City Code to add an additional procurement tool recognizing competitive negotiation as a process to enter into business alliances. 25. First Reading of Ordinance No. 180, 1997. Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects. This Ordinance appropriates unanticipated grant revenue from the Colorado State Historical Society in the amount of $2,439 and transfers matching funds from the Advance Planning November 4, 1997 Department operating budget to the Colorado State Historical Society Grant Project. The total funds of $4,065 will be used to design, manufacture, and install four cast bronze historic plaques at the entrances of the historic Old Town Fort Collins. 26. Resolution 97-150 Supporting Congressional Bill 5.1143 Banning Commercial Air Tours Over Rocky Mountain National Park. On August 6, 1996, the Council adopted Resolution 96-91 supporting Alternative One (Docket Number 28577) of the US Department of Transportation, Federal Aviation Administration, supporting a total, but temporary, ban of commercial sightseeing aircraft operations over Rocky Mountain National Park. On September 3, 1997, Senator Wayne Allard introduced federal legislation permanently prohibiting all commercial air tours over Rocky Mountain National Park. Larimer and Grand Counties and the Town of Estes Park support this permanent ban for reasons of proximity, natural quiet, tranquility, intrinsic values and the contributions that visitors to the Park make to the economies of northern Colorado. In addition, 81 % of these visitors oppose tour overflights. Furthermore, the opportunity for recreational activities, including wildlife viewing, is important to a quality visitor experience and wildlife biologists report that the noise from frequent tour overflights has a very high potential for detrimental effects on the many wildlife species that inhabit the Park. 27. Routine Deeds and Easements. A. Deed of Easement from Robert Kint Glover to install underground streetlight service, located at 500 Blevins Court. Monetary consideration: $10. B. Special Warranty Deed from William C. and Maureen D. Stockover deeding half interest in an alley to be vacated by the City at 243 North College Avenue. Monetary consideration: $10. C. Deed of Easement from The Jagadar Trust to install 10 x 10 concrete electric vault, located at 124 East Trilby Road. Monetary consideration: $1500. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No 154. 1997 Amending Chapter 26 of the Cites Relating to Fees for Raw Water Requirements of the Water Utility. 169 November 4, 1997 Items Relating to Rubbish. A. Second Reading of Ordinance No. 155, 1997, Amending Sections 12-16 and 20-41 of the Code of the City of Fort Collins to Include Within the Definition of "Rubbish" Upholstered Furniture That Is Designed, Manufactured and Intended Primarily for Indoor Use but Is Used or Stored Outdoors. B. Second Reading of Ordinance No. 156, 1997, Amending Section 20-44 of the Code of the City Regarding the Removal Procedure for Rubbish. 10. Items Relating to the Miller -Fox Enclave Annexation and Zoning, A. Second Reading of Ordinance No. 157, 1997, Annexing Property Known as the Miller -Fox Annexation and Zoning. B. Second Reading of Ordinance No. 158, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Miller -Fox Annexation. 11. Second Reading of Ordinance No. 159, 1997, Rezoning Approximately 101.45 Acres from the RC. River Conservation, Zoning District to the T. Transition, Zoning District (63.72 acres) and the E. Employment, Zoning District (37.73 acres) known as The Timberline Lakes Rezonine. 12. Second Reading of Ordinance No. 160, 1997, Appropriating Funds from the Affordable Housing Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Pro rg am. 13. Second Readina of Ordinance No. 16L 1997, Vacating Portions of An Alley Located on Block 22 in Connection with the Improvements Associated with the Depot Project. 14. Second Reading of Ordinance No. 162, 1997. Granting a Non -Exclusive Sewer Line Easement to South Fort Collins Sanitation District at SouthRidpe Golf Course and Fossil Creek Community Park. 15. Second Reading of Ordinance No. 163. 1997, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Fossil Creek Trail System. 16. Second Reading of Ordinance No 164, 1997 Authorizing the Transfer of Appropriations Between the Dry Creek Basin Capital Project And the Art in Public Places Reserve Account in the Storm Drainage Fund to Be Used for the Art in Public Places Program. 170 November 4, 1997 17. Items Relating to the Timberline Enclave Annexation and Zoning, A. Second Reading of Ordinance No. 165, 1997, Annexing Property Known as the Timberline Enclave Annexation. B. Second Reading of Ordinance No. 166, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline Enclave Annexation. 18. Second Reading of Ordinance No. 169, 1997 Rezoning Approximately 15 2 acres from the LMN. Low -Density Mixed -Use Neighborhood. Zone, to the MMN. Medium -Density Mixed - Use Neighborhood, Zone. Known as the Good Samaritan Village Rezoning_ 19. Second Reading of Ordinance No 172, 1997 Adjustingthe he Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. 20. Second Reading of Ordinance No. 173, 1997 Amending Chapter 26 of the City Code Relating to User Rates and Charp-es for the Water Utilities 21. Items Relating to the 1998 Downtown Development Authorityget A. Second Reading of Ordinance No. 174, 1997, Being the Annual Appropriation Ordinance Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 1998, and Fixing the Mill Levy for the Downtown Development Authority for 1998. B. Second Reading of Ordinance No. 175, 1997, Appropriating Revenue in the Downtown Development Authority for Payment of Debt Service for the Year 1998. 30. Second Reading of Ordinance No. 170, 1997 Rezoning Approximately 191 6 acres from the UE. Urban Estate (24.9 acres), the C. Commercial (44.9 acres), and the T. Transition (121.8 acres), Zoning Districts to the following districts: UE. Urban Estate (26.9 acres) LMN Low - Density Mixed -Use Neighborhood (15.7 acres) C Commercial (44.9 acres) and E. Employment (104.1 acres). Known as the Interstate Lands Property Rezoning. 31. Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning, A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. 171 November 4, 1997 B. Postponement of Second Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. 33. Second Reading of Ordinance No. 176, 1997, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 1998 and Adopting the Budget for the Fiscal Years BeginningJanuary 1. 1998, and Ending December 31, 1999, and Fixing the Mill Levy for Fiscal Year 1998. Items on First Reading were read by title by City Clerk Wanda Krajicek. 22. First Reading of Ordinance No. 177, 1997, Authorizing the Sale of Certain Improvements Formerly Known as the Colorado State Patrol Building at 2412 East Mulberry Street Acquired by the City in Conjunction with the Timberline Road Improvement Project 23. First Reading of Ordinance No. 178, 1997, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Equipment and Appropriating the Proceeds of Such Financing, 24. First Reading of Ordinance No. 179, 1997, Amending Chapter 8 of the City Code to Permit Competitive Negotiation of Strategic Business Alliances by City Utilities 25. First Reading of Ordinance No. 180, 1997, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects. 32. First Reading of Ordinance No 181. 1997, Adopting the 1998 Citv of Fort Collins Total Compensation Plan. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Assistant City Manager Frank Bruno spoke of the Japanese Teacher Exchange Program and introduced one of the exchange teachers to the audience. 172 November 4, 1997 City Manager John Fischbach gave a flood closure report. He clarified the Spring Creek Trail will be opened by the end of the week with the placement of temporary asphalt section on portions of the trail and permanent repairs being finalized in the spring. He stated there would be a post deprivation hearing in February, 1998. He thanked accounting personnel for is excellent work in tracking flood related expenditures. Councilmember Reports Councilmember Kneeland reported the Growth Management Committee met with Latimer County and discussed the Urban Growth Area Intergovernmental Agreement, commenting she believed significant progress was made. Councilmember Smith reported on an upcoming forum regarding motorist/bicyclist issues. Ordinance No. 170, 1997, Rezoning Approximately 191.6 acres from the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres), LMN, Low -Density Mixed -Use Neighborhood (15.7 acres), C, Commercial (44.9 acres), and E, Employment (104.1 acres), Known as the Interstate Lands Property Rezoning, Adopted as Amended on Second Reading. The following is staff's memorandum on this item. "Executive Summary On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacent property -owners and residents did not agree with staffs recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a free rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan map and potential zoning designation. This property is one such issue area and, thus, should be considered a continuation of the rezoning process of March 1997, establishing zoning for City Plan. Ordinance No. 170, 1997, which was adopted by a vote of 5-1 on October 21, 1997 rezones approximately 191.6 acres located north of Prospect Road and west of I-25 f •om the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres), LMN, Low -Density Mixed -Use Neighborhood (15.7 acres), and E, Employment (104.1 acres) 173 November 4, 1997 with a condition that all development must be processed subject to Planning and Zoning Board (Type 2) review. The existing C zoned area is included so its boundaries can be legally described and the UE zoned area is included in order to be legally described as part of the Neighborhood Sign Code District. APPLICANT: LGT Real Estate OWNER: LGT Real Estate c% Eldon Ward Cityscape Urban design 3555 Stanford Road Suite 105 Ft. Collins, CO 80525 BACKGROUND: On October 21, 1997, the City Council adopted Ordinance No. 170, 1997, on first reading by a vote of 5-1, rezoning approximately 191.6 acres located north of Prospect Road and west of 1-25 from the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres), LMN, Low - Density Mixed -Use Neighborhood (15.7 acres), and E, Employment (104.1 acres) with a condition that all development must be processed subject to Planning and Zoning Board (Type 2) review. The condition was recommended by the Planning and Zoning Board to allow for their review of several key issues associated with the development of the property. Included in these key issues were transportation related issues, including improvements to Prospect Road; access from the property onto Prospect and the Frontage Road; and the potential connection of streets into existing residential developments to the west; drainage issues, including maintaining Boxelder Creek as open space; and mixed -use development issues, including residential units in close proximity to employment areas. The Board believes these issues will need to be closely evaluated when an Overall Development Plan (ODP) is proposed for the property. Staff does not support the condition recommended by the Planning and Zoning Board and recommends the condition be deleted from the rezoning ordinance on second reading. There are several reasons for staff's disagreement with the Board's condition. Stuff believes the condition is in direct opposition to the basic philosophy of the newly adopted Land Use Code. In establishing the new Land Use Code, the City Council changed the way the City regulates land development from the more performance oriented Land Development Guidance System (LDGS) planned unit development approach to a map -based more traditional type zoning ordinance. New zoning districts were created listing the uses appropriate in each district. The uses in each district are assumed to have the same basic characteristics as the other permitted uses in the zone district meaning the uses do not create any more adverse effects on public health, safety, aesthetics, etc., than the amount normally resulting from the other permitted uses listed in the zone. The neiv Land 174 November 4, 1997 Use Code establishes two levels of review, administrative (Type 1) and Planning and Zoning Board (Type 2). The standards and criteria for making decisions are the same for both Type I and 2 reviews. This means, for example, the Natural Resources Department and the Transportation Department, etc., utilize the same rules for reviewing development proposals, whether the proposed use is classified under a Type 1 or Type 2 review. Since the uses are "allowed" within their respective zoning districts, the only differences between Type 1 and Type 2 reviews is "who " makes the final decision and the time frame of the decision -making process. Type 1 reviews can be submitted at any time and are scheduled for a public hearing once staff analysis is completed Type 2 reviews are locked into the Planning and Zoning Board's twice -monthly public meeting schedule. Both Type 1 and Type 2 decisions are appealable to the City Council. Staff agrees with the Board to the extent that the subject property does have some development related issues. Staff believes, however, the Board does not fdly understand their role in reviewing an ODP for the subject property and how that review will allow the Board to closely examine all of the issue areas which led them to recommend a zoning condition for the property. Attached are the pages from the Land Use Code Division 2.3, Overall Development Plan, (H) Step 8 (Standards), which list the criteria all ODPs must comply with. In summary, these criteria are as follows: 1. The proposed uses are consistent with the permitted uses and applicable zone district standards, including land use requirements and block size and block standards. 2. The required density ranges of residential uses, lot sizes, and housing types are consistent with the requirements of the applicable zone district. 3. The ODP meets the contiguity requirements. 4. The ODP conforms to the Master Street Plan. 5. Transportation connections to adjoining properties ensure connectivity into and through the ODP site from neighboring properties for vehicular, pedestrian, and bicycle movement. 6. The location and size of all natural areas and features are shown along with the an estimate of the limits of development and natural area buffer zones. 7. The ODP is consistent with the appropriate Drainage Basin Master Plan. Staff believes that once an ODP is reviewed and approved by the Board for the subject property, individual land uses should be allowed to proceed according the Land Use Code, i. e., as either Type I or Type 2 reviews, as appropriate for the proposed land use. Also, given the fact that there are other properties within the city limits which have transportation and access issues, drainage issues, 175 November 4, 1997 and are close to existing developments, and none of them have a zoning condition requiring all development to be subject to Type 2 reviews, staffsees no reason to apply such a zoning condition to the subject property." Chief Planner Ken Waido gave a staff presentation and spoke of reasons for not supporting the recommendation by the Planning and Zoning Board. He stated that the condition placed on the property is contradictory to the philosophy of the Land Use Code. He stated staff does agree with the Board that there are transportation and drainage issues but believes that the Board has an opportunity to look at those issues when an Overall Development Plan is submitted for the property. Councilmember Wanner withdrew from discussion on this item because he was not in attendance at First Reading. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 170, 1997 on Second Reading. Eldon Ward, Planning Consultant, Cityscape Urban Design and representing LGT Real Estate, stated it was not fair to impose a Type 2 review on C-Commercial zoning, stating any issue that needs to be addressed could be reviewed the ODP level. Jay Kammerzell, residing west of the property, spoke of a strip of land owned by the homeowners in the area and questioned why rezoning on that property is being considered. He spoke in support of a Type 2 Review. Sally Craig, 1409 South Summitview, spoke of the need for compromise when working through the rezonings and urged Council to leave the condition on the rezoning. Lucia Liley, 1113 Williams Street, spoke of the concern and apprehension raised by the business and development community regarding implementation of City Plan and whether the system would become more cumbersome. She commented that she believed staff and Council have worked hard to assure all concerned that the Plan would be implemented fairly and as issues arose they would be reviewed. She believed with the implementation it would be easy to predict process and timeframes and stated that she was discouraged that without one project being carried through the system, there is a proposal to remove a guaranteed feature. She questioned the basis for placing a condition when there have been no plans available. She urged Council to consider the implications of its actions in relationship to future projects. Gwen Bell, Chair of the Planning and Zoning Board residing at 2329 Stonecrest Drive, spoke of Type 1 and Type 2 Review differences. She cautioned Council against setting a precedent on future properties that may be difficult to zone. 176 November 4, 1997 Eldon Ward responded to Council questions and stated he believed the property would have both Type 1 and Type 2 uses and spoke of why the property may require two ODP's. Director of Community Planning and Environmental Services Greg Byrne stated the City has hired a hearing officer and spoke of the process involved for both types of reviews. He reported on the various steps involved, clarifying rules have not been adopted as of this time, and stated notification of public meetings would not change. Stan Whittaker, Vice-president of LGT Real Estate, responded to Council questions regarding "For Sale" signs on the land. He emphasized his frustration regarding zoning issues and spoke of the possible affect zoning may have on the sale of the property. Director of Current Planning Bob Blanchard responded to Council questions and noted the Planning and Zoning Board now meets twice a month. Chief Planner Ken Waido stated there were approximately 15-20 "hot spot" rezonings left to be completed. Gwen Bell, 2329 Stonecrest Drive and Chair of the Planning and Zoning Board, briefly spoke of the history of the parcel and difficulties involved with traffic, drainage and access issues. Councilmember Kneeland made an amendment to the previous motion, seconded by Councilmember Smith, to delete Section 3 as it relates to Type 2 reviews. Councilmember Kneeland stated she supported the amendment stating there is an appeal process if needed. Councilmember Smith supported the amendment and spoke of the need to put faith in the process stating there would be at least two reviews on the property. Councilmember Byrne supported the motion and stated there were many "safety nets" in place to assure that if adjustments need to be made, they could be. Councilmember Bertschy opposed the amendment stating he did not believe the property was being singled out because of its size but because it is the first parcel to be considered under the new City Plan. He believed Council needs to place trust in the Planning and Zoning Board's decision. The vote on Councilmember Kneeland's motion to amend Ordinance No. 170, 1997 on Second Reading was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland and Smith. Nays: Councilmembers Bertschy and Mason. THE MOTION CARRIED. 177 November 4, 1997 Councilmember Mason made a motion, seconded by Councilmember Byrne, to amend Ordinance No. 170, 1997 on Second Reading to place a condition that all development on this parcel be considered under an Overall Development Plan. City Manager John Fischbach stated due to the seriousness of the amendment staff would need time to inform Council of the implications of the amendment. Councilmember Byrne stated he seconded Councilmember Mason's motion so that further discussion could take place. He withdrew his second to the amendment. The vote on Councilmember Mason's motion to adopt Ordinance No. 170, 1997, as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning, Postponed to December 2, 19979 The following is staffs memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. B. Postponement of Second Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. On October 21, 1997, Council unanimously adopted Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail 3rd Enclave Annexation and Zoning. On October 21, 1997, Council also unanimously adopted Ordinance No. 167, 1997 and Ordinance No. 168, 1997, as amended, annexing and zoning of an enclave area approximately 4.63 acres is size, generally located on the west side of South Overland Trail, on the south side of Prospect Road (extended), between Prospect Road and Palm Court (directly south of the developing Ponds at Overland Trail project). The portion of the site adjacent to Overland Trail is currently used as an outdoor storage yard for trailers, autos and RVs which is an illegal use in the FA -I County zone district. The section of the area to the west of the property is used for grazing and pasture, which is a permitted use in the FA -I County zone district. 178 November 4, 1997 The property owner requested the T-Transition zone district in a letter dated October 15, 1997. On October 21, 1997, upon first reading of Ordinance 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation, members of Council approved the Ordinance as amended to zone the property T-Transition zone district, with the condition that the outdoor storage use not be permitted nor the existing fence as it is in violation of the Land Use Code. The property owner has requested that second reading of the zoning ordinance be postponed thirty (30) days to allow additional time for the property owner and staff to further discuss the proposed zone district for the property. APPLICANT: City of Fort Collins OWNER: Rex S. Miller 3833 Spruce Drive Fort Collins, Colorado 80526" City Attorney Steve Roy recommended that both Ordinances be postponed to December 2, 1997 due to ongoing discussions between staff and affected property owners. Councilmember Smith a motion, made seconded by Councilmember Kneeland, to postpone First Reading of Ordinance Nos. 167, and 168, 1997 to December 2, 1997. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 181, 1997 Adopting the 1998 City of Fort Collins Total Compensation Plan Adopted The following is staff s memorandum on this item. "Financial Impact The 1998 adopted budget includes a projected total compensation adjustment of 3.5% or $2.1 million in all City Funds. The proposed adjustments fall within this budgeted amount. The 3.5% total compensation increase consists of a 3% across-the-board increase in salary and a .5% increase in benefits. The increase in benefits cost reflects a 6.5% increase in the cost of medical insurance to cover increasing cost in the medical insurance plan. With these adjustments and the new positions which were approved during the budget process, the Personal Services portion of the budget will have a slight increase. Personal Services represents 179 November 4, 1997 37.3% of the total City net operating budget in 1997 and approximately 37.5% in 1998. (See Attachment A) "Executive Summary Historically, in conjunction with the annual budget process, the City has made Labor Market Adjustments effective the beginning of each calendar year. These adjustments are approved by the City Council based on the adopted Human Resource and Productivity Policy. This year, staff is recommending that a "Cost of Living" increase be provided to City employees in 1998. Staff recommends a fat increase of 3% for all employee groups in order to not fall behind the labor market and to help keep employee salaries at the rate of inflation. All increases will be within the 1998 recommended Budget of 3.5%. Based on this process, staff has developed the proposed pay plan which is attached. The CityCode requires that the Council adopt the pay plan by ordinance. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In 1990, the City adopted a total compensation pay philosophy which monitored and budgeted labor market adjustments based on salary and benefit survey information. This change allowed the organization to better manage and budget for Personal Service costs. Since adopting a total compensation pay plan, labor market adjustments have tracked favorably with the Consumer Price Index as demonstrated in Attachment B. In 1996, the City Council requested that Human Resources staff ask an outside agency to evaluate the compensation survey data used to establish pay lines and provide an overview of the pay systems used in the organization. The City completed a Request for Proposal and selected Watson Wyatt Worldwide to complete this study and provide guidance on the overall classification system. A comprehensive study had not been conducted in over 10 years and it was necessary in order to assure that positions were aligned appropriately to the job market and internally to the organization. Over the past year, the organization has undergone a comprehensive compensation and classification study which has included a review of all classifted positions as well as unclassified management positions in the City, and an outside consultant's evaluation of the compensation survey data used to establish pay lines or salary ranges. Additional time to complete this important 180 November 4, 1997 project is being requested in order to allow staff the opportunity to complete the market analysis, establish pay lines, and meet with management and employees regarding this information. Based on this request, we are recommending an across the board 3.5% total compensation adjustment effective in January 1998. " Director of Human Resources Jaime Mares gave a brief staff presentation on this item. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 181, 1997 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Warmer. Nays: None. THE MOTION CARRIED. Ordinance No. 176, 1997 Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 1998 and Adopting the Budget for the Fiscal Years Beginning January 1, 1998, and Ending December 31, 1999, and Fixing the Mill Levy for Fiscal Year 1998, Adopted on Second Reading, The following is staffs memorandum on this item. "Executive Summary Ordinance No. 176, 1997, was unanimously adopted on First Reading on October 21, 1997. Appropriations totaling $450,000 have been added to the Water Fund budget for 1998. The total costs associated with constructing a 2 million gallon finish water reservoir (Treated Water Reservoirs capital project) have increased from $1, 580, 000 to $2, 030, 000. This cost increase is for blasting the solid rockfoundation upon which the reservoir will be built. Staff was not aware of this situation at the time the costs for the project were first estimated. The Total Compensation Plan recommends a 3.5% total compensation increase which includes a 3% across-the-board increase in salary and a .5% increase in medical benefits. A pool of funds is included in the General Fund budget to cover the total compensation increase for departments in the General Fund and departments in funds subsidized by the General Fund. Based on the assumption that Ordinance No. 181, 1997, adopting the Total Compensation Plan is approved, $173,227 must be transferred from the General Fund to the subsidized funds and appropriated in the subsidized funds to cover the total compensation increase. The appropriation of $173, 227 does not represent an increase in the City spending, but only an adjustment in accounting transfers between funds. The following are the subsidized funds receiving appropriations from the General Fund pool. 181 November 4, 1997 Cemeteries 54,567 Cultural Services and Facilities 25,497 Recreation 70,783 Transit Services 52,676 Transportation Services 19,704 Total 5173, 227 Ordinance No. 176, 1997 represents the annual appropriation for 1998 ($309, 304, 593), and adopts the total City Budget for 1998 at $309, 304, 593 and for 1999 at $328, 754,135. It also appropriates the Firefighters' Pension Fund of $2, 427, 450 for 1998, and sets the City mill levy at 9.797 mills for 1998. The Ordinance has been revised on Second Reading to reflect the changes shown above. " City Manager John Fischbach gave a staff presentation on this item and spoke of the off year budget process and timetable. He reported a Budget Committee is being formed and spoke of the committee's focus. He thanked staff for its hard work in completing the budget. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 176, 1997, on Second Reading. Councilmember Mason stated although he was not completely comfortable with the process he supported appointing citizens to serve on the Budget Committee. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the Miller -Fox Enclave Annexation and Zoning, Adopted on Second Reading_ The following is staff's memorandum on this item. "Executive Summate A. Second Reading of Ordinance No. 157, 1997, Annexing Property Known as the Miller -Fox Annexation and Zoning. B. Second Reading of Ordinance No. 158, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Miller -Fox Annexation. 182 November 4, 1997 On October 21, 1997, Council unanimously adopted Resolution 97-138 Setting Forth Findings of Fact and Determinations Regarding the Miller -Fox Enclave Annexation and Zoning. On October 21, 1997, Council also unanimously adopted Ordinance No. 157, 1997 and Ordinance No. 158, 1997, which annex and zone an enclave area approximately 4.00 acres in size, generally located on the west side of South County Road 9, between Horsetooth Road and Harmony Road The property is an existing single-family residence with accessory structures that allow for horses on the property. The recommended zoning for this annexation is HC-Harmony Corridor District, which is consistent with what is identified on the City Structure Plan " City Planner Leanne Harter reported this item was withdrawn mistakenly by Ms. Craig. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 157, 1997, on Second Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 158, 1997, on Second Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the Timberline Enclave Annexation and Zoning, Adopted on Second Reading, The following is staff s memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 165, 1997, Annexing Property Known as the Timberline Enclave Annexation. B. Second Reading of Ordinance No. 166, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline Enclave Annexation. On October 21, 1997, Council unanimously adopted Resolution 97-145 Setting Forth Findings of Fact and Determinations Regarding the Timberline Enclave Annexation and Zoning. 183 November 4, 1997 On October 21, 1997, Council also unanimously adopted Ordinance No. 165, 1997 and Ordinance No. 166, 1997, as amended, annexing and zoning an enclave area approximately 435 acres in size, generally located east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The property is primarily in agricultural use, although industrial uses are located along the west side of Timberline Road, including Bredero Price Company (former ENCOAT site) and a number of small businesses in the former Fort Collins Pipe Company building. Existing commercial signs located on these properties must conform to the City's Sign Code at the conclusion of a five year amortization period. The largest single property - owner within the annexation is Spring Creek Farms, Inc. (approximately 350 acres). The recommended zoning included I, Industrial, E, Employment, UE, Urban Estates, LMN, Low Density Mixed Use Neighborhood, MMN, Medium Density Mixed Use Neighborhood and NC, Neighborhood Commercial. APPLICANT- City of Fort Collins OWNERS: Spring Creek Farms, Inc. c% Glen Johnson 3432 Carlton Avenue Fort Collins, CO 80525 Cargill, Inc. P. O. Box 5626 Minneapolis, MN 55440 General Steel Industries, Inc. c% Randall, Rudolph and Assoc., Inc. P. O. Box 610026 Dallas, TX 75261 Energy Coatings Co., Inc. c% Randall, Rudolph and Assoc., Inc. P. O. Box 610026 Dallas, TX 75261 Timberline Star Properties, LLC c% Craig Hau 401 West Mulberry Fort Collins, CO 80524 November 4, 1997 BACKGROUND: Based on concerns expressed at the October 21, 1997 hearing, Council voted to place all properties within the enclave annexation area into the T - Transition zoning district. The owners of the Timberline Star Properties (directly north of Bredero Price, west of Timberline Road - see attached map) have since requested that they not be included in the T - Transition. The property owners did not attend the October 21 hearing to voice their opposition to the Transition zoning since they agreed with the staff recommendation of I - Industrial zoning. The uses and standards of the Industrial zone fit both their current operation as well as their future plans. The I- Industrial zoning district is consistent with the City Structure Plan and, as noted, was the original staff recommendation. The Planning and Zoning Board also supported Industrial zoning for this site. Ordinance No. 166, 1997 has been amended to reflect this requested change. " l Director of Current Planning Bob Blanchard gave a staff presentation on this item and stated the owners of the property agreed with the staff recommendation to zone the property T-Transition. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 165, 1997, on Second Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 166, 1997, on Second Reading. Sally Craig, 1409 South Summitview, requested clarification regarding which portion of the property would be zoned T-Transition. Director of Current Planning Bob Blanchard responded to Council questions and clarified the entire property would be zone T-Transition with the exception of the Timberline Star property. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Bertschy reported there would be an open house on November 10, to discuss prairie dog issues. 185 November 4, 1997 Councilmember Mason requested a two -page memo regarding the pros and cons of impact fees by the City and Larimer County and the amount of fees collected by the City vs. Larimer County. The meeting adjourned at 8:30 p.m. ATTEST: Adjournment "I