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HomeMy WebLinkAboutMINUTES-02/03/1998-RegularFebruary 3,1998 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, February 3, 1998, 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, Kneeland, Mason, Smith and Wanner. Nays: None. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Al Bacilli, 520 Galaxy Court, opposed room rent increases at the Senior Center. He commented the City should appoint the acting manager of Light and Power in Rich Shannon's absence and not spend time and money to hire someone outside the City organization. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the negative impacts of growth. He opposed granting a development fee rebate to Celestica and urged Council to reject subsidies for growth and development. He stated if Council chooses to give a rebate, the City should retain and use the funds and not give them to another governmental entity, ie., the Poudre School District. Citizen Participation Follow-up Councilmember Kneeland responded to Mr. Bacilli's comments, reporting she met with the City Manager and discussed reviewing fees for all facilities to make sure that increases are fair for all age groups. Councilmember Mason responded to Mr. Ohlson's comments stating that Council will be discussing possible rebates for Celestica at an upcoming study session. City Manager John Fischbach reported the Finance Committee is scheduled to discuss the Celestica rebate request on February 19, before Council's discussion. Councilmember Smith responded to Mr. Bacilli stating that a review of the Senior Center costs would be discussed at the March AARP Board meeting. He responded to Mr. Ohlson's concerns 270 February 3, 1998 regarding rebate funds and stated at this time the discussion is that all rebates would go to affordable housing efforts. Agenda Review City Manager John Fischbach stated there were no changes to the Agenda as published. ***CONSENT CALENDAR*** Second Reading of Ordinance No. 5. 1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used to Fund the Acquisition of a New Mini -Bus for Use in the Dial -a -Ride Program in Non -urbanized Areas. These grant funds will be used to purchase a new replacement mini -bus for service in the non -urbanized areas surrounding Fort Collins, administer the 5310 & 5311 state grants for Specialized Transportation, and operate Foxtrot/contractual non -urbanized paratransit service. Ordinance No. 5, 1998, which was unanimously adopted on First Reading on January 20, 1998, appropriates unanticipated revenue in the Transit Services Fund and authorizes the transfer of appropriations to be used to purchase a new mini -bus for use in the Dial -a -Ride Program. 8. Second Reading of Ordinance No 6.1998, Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Harmony Road Realignment Project. Harmony Road is planned to be realigned to intersect with Taft Hill Road at County Road 38E. Staff began working on this project in 1990 with right-of-way acquisition from the developer of the Overlook P.U.D. Some portions of the realignment were constructed with the development through the Street Oversizing Program in 1991, 1994, and 1997. This project will complete 1400 linear feet of arterial street and intersection improvements at Taf /CR38/Harmony and reroute the connection at Harmony and Seneca. This Ordinance, which was unanimously adopted on First Reading on January 20, 1998, authorizes the transfer of $1,125,800 from existing appropriations in the Street Oversizing Fund and the Capital Projects Fund to be used to construct improvements associated with the realignment of Harmony Road. 271 February 3, 1998 9. Second Reading of Ordinance No. 7, 1998, Amendin¢ the City of Fort Collins District - Precinct Man. This Ordinance, which was unanimously adopted on First Reading on January 20, 1998, amends the City of Fort Collins District -Precinct Map, which was adopted by Council on September 17, 1996, by adjusting precinct boundaries to correspond with election precincts established by Larimer County. 10. Second Reading of Ordinance No. 9, 1998, Amending Section 20-23 of the City Code Pertaining to Maximum Permissible Noise Levels. The Code provisions establishing certain noise levels for various zoning districts need to be amended to reflect the new zoning districts contained in the Land Use Code. This Ordinance, which was unanimously adopted on First Reading on January 20, 1998, accomplishes that change. 11. First Reading of Ordinance No. 10, 1998, Appropriating Prior Year Reserves. Funds were appropriated in 1997 for specific purposes as described below, but not spent. The unspent funds were added to fund reserves at the end of 1997. Appropriations were typically not spent because there was not sufficient time to complete bidding in 1997, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1998. This Ordinance reappropriates the 1997 funds for the same uses as were originally approved by Council in 1997. 12. First Reading of Ordinance No. 11,1998,AppropriatingPriorYearReservesintheLightand Power Fund for Capital Additions to the Harmony Substation. The Harmony Substation is located in the Golden Meadows Business Park at 1800 East Harmony Road. $3,031,351 was appropriated in 1998 for the addition of two 15 KV (kilovolt) switchgear and one new 30/40/50 MVA (megavolt amp) substation power transformer at the Harmony Substation. When the budget was prepared, it was planned that this substation addition would accommodate normal load growth for the area. Newly anticipated load additions in the southeast part of Light and Power's service area have necessitated purchase of another substation transformer in addition to the one included in the adopted 1998 appropriation. The approximate price of the transformer and associated substation modifications will be $1,400,000. At the request of a customer, the $1.4 million addition includes 8 dedicated switchgear circuit positions. That customer will enter into a special services agreement with the Utility requiring a payment to the Electric Utility of approximately $316,700 of the switchgear costs. 272 February 3, 1998 A major ductbank and circuits from Harmony Substation east along the southern right-of- way of Harmony Road has also been requested to serve a customer's load additions and to meet special service requirements. The appropriation required for the additional duct bank and circuits is $1,300,000. Prior to construction, the customer will enter into a special services agreement requiring a payment to Light and Power of approximately $1,295,000 of the ductbank costs. 13. First Reading of Ordinance No. 12, 1998, Appropriating Prior Year Reserves in the Cemetery Fund and Authorizing the Transfer of Such Funds to the Capital Projects Fund. This appropriation will fund the construction of 144 new niches in the "Four Seasons Complex" at Grandview Cemetery. These funds have been generated from the sale of existing columbarium niches. 14. First Reading of Ordinance No. 13, 1998, Amending Chapter 2, Article IV of the City Code Pertaining to Administrative Organization. The administrative organization of the City is set forth in Chapter 2, Article IV of the City Code. At present, there is no reference to the Office of the City Manager. The City Attorney believes it would be helpful to amend that Section of the Code to include such reference. 15. First Reading of Ordinance No. 14, 1998, Authorizing an Option to Lease, and a Subsequent Lease of City -Owned Propert at Park North Ballfield to Sprint Spectrum L.P. for the Location of Antenna Equipment and Related Facilities, Along With Associated Easements. Sprint Spectrum L.P. (doing business as Sprint PCS) through its agent, SBA, Inc., contacted the Parks Division in August to discuss the possible lease of land for an antenna and related equipment to enhance its cellular phone service. Through a series of negotiations, staff has developed an option agreement and a proposed lease that meet the needs of the City and Sprint. The Option Agreement gives Sprint the right to lease the subject property once it completes testing of the site to confirm its suitability for Sprint's purposes. 16. First Reading of Ordinance No. 15, 1998, Amending the Land Use Code to Clarify Application of the "Block Standards". Experience with new projects under review indicates that new language should be added to the "block standards" to clarify that individual elements of the standards do not apply in situations where existing development, safety concerns, sensitive natural areas, or unusual topography make application of the standard impractical. Similar exemption language is already contained in the Land Use Code requirements related to street connections. Staff 273 February 3, 1998 recommends the Land Use Code be revised to apply that existing exemption language to the "block standards" as well. 17. First Reading of Ordinance No. 16, 1998, Designating the Hill/Hunter House, 122 Jackson Avenue as a Local Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Norman H. and Joan L. Miller, are initiating this request for Local Landmark designation for the Hill/Hunter House. The house is important for its Tudor Revival style of architecture and for its association with United States Congressional Representative William S. Hill. 18. Resolution 98-20 Finding Substantial Compliance and Initiating Annexation Proceedings for the RDC Annexation. The RDC Annexation is 39.15 acres in size. The site is generally located in an area bounded bythe Burlington Northern Railroad and Vine Drive on the north, Collins Aire Mobile Home Park and Summitview Drive on the east, Industrial Business Park and International Boulevard on the south, and the Dry Creek Annexation on the west. Contiguity with the existing municipal boundary is gained along the north and west property lines. Therequested zoning is L-M-N, Low Density Planned Residential. 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 March 17, 1998. Not less than 30 days prior published notice is required by State law. 19. Resolution 98-21 Authorizingthe e Mayor to Enter into an Intergovernmental Agzeement with the Colorado Department of Transportation for the Design and Construction of New Bridges Across Spring Creek at Remington Street and at Welch Street and for Other Emergency Repairs. The scope of the project is to design and construct two new bridges at the Remington Street and Spring Creek crossing and at the Welch Street and Spring Creek crossing. The new bridges will conform to current City of Fort Collins Storm Drainage criteria. Repairs to other flood damaged roads and bridges throughout the City are also included in the scope of work. The cost to design and construct the Remington Street bridge is estimated at $430,932 and the Welch Street bridge at $346,890. The Federal Highway Administration's Emergency Relief Fund will pay 80% of the total cost to design and construct both bridges. The intent of this resolution is for the City to assure the Colorado Department of Transportation that the 274 February 3, 1998 City is willing to commit to paying 20% of the total cost to design and construct the two bridges. The $777,822 is only an approximation of the total cost. 20. Resolution 98-22 Authorizing the Cily Manager to Enter into an Agreement with Colorado Association of Transit Agencies (Together with Other Transit Agencies) to Obtain Earmarked Federal Transit Administration Capital Program (49 U.S.C. Section 5309) Funds. Staff has determined that there is a precedent for this type of approach to obtaining funds from Congress. Eighteen other states have been successful in acquiring much needed capital funding for their transit agencies. This is expected to be an ongoing effort year after year. The specific transit agencies that participate each year may change as individual funding needs change. 21. Resolution 98-23 Authorizing Additional Funding for an Affordable Housing Project Through the HOME Program of the Department of Housing and Urban Development. In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the Housing and Urban Development (HUD) HOME Program. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, affordable housing in the community, to strengthen the ability of local government to provide housing and to expand the capacity of nonprofit community -based housing development organizations to provide affordable housing. Funding requests for the Fort Collins HOME program are received on an ongoing basis and reviewed by the CDBG Commission which then provides a recommendation for funding to Council. The HOME Program has received an application from CARE Housing, hic. which requests a grant of $100,000 in additional HOME funding to cover unexpected construction costs for the Eagle Tree development which will provide 36 units of affordable housing in the Trilby/Lemay area. This request is in addition to $125,000 of HOME funds approved for the project on October 1, 1996 and $55,000 in additional funds approved on June 3, 1997. The reason for the additional funding is that cost estimates for the project are higher than had been anticipated. The additional funding will be used to cover the cost of caissons, foundation walls and radon vents not anticipated in the original proposal. 22. Resolution 98-24 Appointing a New City Representative to the Board of Trustees of the Northern Colorado Community Housing Corporation dba Funding Partners for Housing Solutions. Mayor Pro Tern Will Smith has requested that the Council appoint a Councilmember to replace him as the City's representative to the Board of Trustees of Northern Colorado Community Housing Corporation, dba Funding Partners for Housing Solutions. This 275 February 3, 1998 Resolution appoints Councilmember Chuck Wanner as the new City representative to that Board. 23. Resolution 98-25 Supporting Reauthorization of the Endangered Species Act. The U.S. Congress is considering reauthorizing and amending the Endangered Species Act of 1973 (ESA). This Resolution establishes policy direction for the City's comments to the City's Congressional delegation regarding the ESA. The 1997-1998 Legislative Agenda, City Plan, and the 1992 Natural Areas Policy Plan all contain adopted policies to protect endangered and threatened species, their habitats, and other natural features. The City has very active programs and broad community support for the conservation of important natural areas and ecosystems and relies, in part, on federal legislation to achieve locally adopted goals. In turn, local goals and programs were developed to support broader national goals for species and ecosystem protection. Based on these factors, City staff involved in this issue and the Legislative Review Committee recommend that the City actively support reauthorization of the ESA and amendments to the law that strengthen its effectiveness in protecting threatened and endangered species and their habitats and promoting the recovery of such species. 24. Routine Easements. A. Non -Exclusive Easement from Colorado State Board of Agriculture/Colorado State University for a permanent subsurface electrical line easement (.0264 acres), located east of the Veterinary Teaching Hospital on the Colorado State University Main Campus South. The new line is needed for installation of a new major duct bank to provide additional capacity for electrical load to the expanding city. Monetary consideration: $600. B. Non -Exclusive Easement from Colorado State Board of Agriculture/Colorado State University for a 40 foot wide permanent subsurface water line easement (.197 acres) and two 30 foot wide temporary construction easements located on the Colorado State University Foothills Campus. The new line will allow the City to modify its current process of recycling wash water in the LaPorte Avenue Water Treatment plant to meet future treatment regulations. Monetary consideration: $1500. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 5, 1998, Appropriating Unanticipated Revenue in the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used to Fund 276 February 3, 1998 the Acquisition of a New Mini -Bus for Use in the Dial -a -Ride Program in Non -urbanized Areas. 8. Second Reading of Ordinance No. 6 1998 Authorizing the Transfer ofAppropriations from the Street Oversizing Fund to the Capital Projects Fund for the Harmony Road Realignment Project. 9. Second Reading of Ordinance No. 7 1998, Amending the City of Fort Collins District - Precinct Man. 10. Second Reading of Ordinance No. 9 1998, Amending Section 20-23 of the City Code Pertaining to Maximum Permissible Noise Levels. Items on First Reading were read by title by City Clerk Wanda Krajicek. 11. First Reading of Ordinance No. 10, 1998, Appropriating Prior Year Reserves. 12. First Reading of Ordinance No.11 1998 Appropriating Prior Year Reserves in the Light and Power Fund for Capital Additions to the Harmony Substation. 13. First Reading of Ordinance No. 12, 1998, Appropriating Prior Year Reserves in the Cemetery Fund and Authorizing the Transfer of Such Funds to the Capital Projects Fund. 14. First Reading_ of Ordinance No 13 1998 Amending Chapter 2, Article IV of the City Code Pertaining to Administrative Organization. 15. First Reading of Ordinance No. 14 1998 Authorizing an Option to Lease, and a Subsequent Lease of City -Owned Property at City Park North Ballfield to Sprint Spectrum L.P. for the Location of Antenna Equipment and Related Facilities Along With Associated Easements. 16. First Reading of Ordinance No. 15 1998, Amending the Land Use Code to Clarify Application of the "Block Standards". 17. First Reading of Ordinance No. 16 1998, Desi ng atjng the Hill/Hunter House, 122 Jackson Avenue as a Local Landmark Pursuant to Chapter 14 of the Cites 27. First Reading of Ordinance No. 17, 1998, Rezoning Approximately 4.964 Acres from the T, Transition Zone to the LMN Low -Density Mixed -Use Neighborhood, Zone, Known as the Nauta Rezoning. 277 February 3, 1998 Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Mason reported the Legislative Review Committee met and reviewed and recommended approval of a letter regarding the Endangered Species Act. He reported various staff members gave presentations regarding: legislative update; extension of state lottery funds; land use; air quality; and Senate Bill 6 regarding enabling governments to bring suits against other governmental entities. He reported Executive Staff Project Manager Rita Davis gave a brief update on camera radar and spoke of proposed concealed weapons bills. Ordinance No. 17,1998 Rezoning Approximately 4.964 Acres from the T, Transition, Zone to the LMN, Low -Density Mixed -Use Neighborhood, Zone, Known as the Nauta Rezoning. Adopted on First 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 ofproperty. 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. This Nauta Rezoning requests to rezone approximately 4.964 acres located north of East Vine Drive and east of Lemay Avenue from the T, Transition, Zoning District to the I, Industrial, Zoning District. 278 February 3, 1998 APPLICANTS: Ray and Judy Nauta OWNERS: Same 9231 North County Road #9 Wellington, CO 80549 BACKGROUND: On February 18, 1997, the City Council began the final steps to complete a two-year long process to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan Principles and Policies document as the three major elements of the new City Plan. On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordinance No. 52, 1997, codifying a new Land Use Code and a new Zoning Map respectively. The City Structure Plan map was initially adopted in November 1996. In the period between November 1996, and March 1997, the new Zoning Map was developed. The development ofthe Zoning Map caused a reevaluation of the Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the Council in March. In addition, at the time of the adoption of Ordinances No. 51 and No. 52, 1997, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacentproperty-owners and residents did not agree with staffs recommendation for the zoning of an area or a 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 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. In March 1997, the owners were offered two choices for the temi2orary zoning of their property: accept staffs recommendation for the LMN, Low -Density Mixed -Use Neighborhood, Zone, orplace the property into the T Zone. The owners selected the second option. The surrounding zoning and land uses are as follows N. LMN, undeveloped S: LMN and R-L, Low Density Residential, Andersonville Subdivision east of the proposed Lemay Avenue realignment; I, Industrial, undeveloped and Valley Air Park east of the proposed Lemay Avenue realignment E: LMN, undeveloped W LMN and R-L, Alta Vista Subdivision 279 February 3, 1998 This property was annexed into the City aspart ofan involuntary county enclave annexation known as the East Vine Drive 8th Annexation in 1987, and was placed into the old C, Commercial, Zoning District with a PUD condition. The old C Zone was for properties with commercial, storage, and service uses. The property has been, and is currently, used for commercial and storage purposes. Rezonine: The applicants/property-owners, Ray and Judy Nauta, request that the City rezone approximately 4.964 acres located north of East Vine Drive and east of Lemay Avenue from the T, Transition, Zoning District to the new I, Industrial, Zoning District. The applicants have submitted two letters (see attached letters dated.7anuary 20, 1997, and August 27, 1997) which describe their reasons for wanting the C, Commercial, Zone for their property. The applicants initially submitted two letters (see attached letters dated January 20, 1997, and August 27, 1997) which described the reasons for wanting theirproperty rezoned into the new C, Commercial, Zone. The applicants'argumentswere essentially the same as they presented in 1987 when the property was annexed into the city. At that time, staff had recommended the property be placed into the R-L-P, Low Density Planned Residential, Zone, with a PUD condition. Placing a PUD condition on the property required any future development plans to be processed and reviewed against the criteria contained in the Land Development Guidance System (LDGS). The PUD condition was eventually applied to the property, although its zoning, as approved by the Council in 1987, was the former C, Commercial, Zone. At the Planning and Zoning Board meeting on October 16, 1997, the owners requested additional information regarding zoning options, having been told at the meeting that the new I Zone was, perhaps, a better fit with existing uses of the property. The Board then tabled the rezoning to allow the owners to review theirzoning options. On November 10, 1997, the property -owners sent a letter (copy attached) to staff indicating their desire to change their rezoning request to the I Zone. There are two factors which the Council must consider when evaluating this rezoning request: According to Division 4.9 (B)(1)(c) of the Land Use Code, the City Council must rezoneproperty in the TZone to a different zoning district (any zoning district) at the property -owners' request. 2. What zoning would be consistent with the majorprinciples and policies of CityPlan. WE February 3, 1998 NEIGHBORHOOD MEETING: No neighborhood meeting has been conducted with regards to this rezoning. However, letters were mailed to affected property -owners informing them of Council's consideration of the rezoning request. FINDINGS OF FACT/CONCLUSION: The subject property was temporarily placed into the T, Transition, Zone at the time of the adoption of the City's new Land Use Code in March 1997. According to Division 4.9 (B)(1)(c), the City Council must change the zoning of a property in the T Zone to another zoning district upon request of the property -owner. 2. The requested I, Industrial, Zone is not consistent with the City's Comprehensive Plan. 3. TherecommendedLMN,Low-Density Mixed- Use Neighborhood, Zone is consistent with the City's Comprehensive Plan. The City Structure Plan map designates the area north of East VineDrive to be a low -density mixed - use neighborhood and the LMN Zone was developed to implement such a designation. During the development of the new Land Use Code, and the LAIN Zone, it was recognized that the properties fronting on East Vine Drive had some special conditions and circumstances which needed to be considered in developing anew zoning district. The properties are adjacent to an arterial street which runs parallel to the Burlington Northern/Santa Fe Railroad's main line. Because of these rather unique conditions, certain uses were added to the LMN Zone to act as a buffer between the railroad and residential uses further north. However, such uses could only locate within certain distances adjacent to East Vine Drive, i.e., they were not universally allowed throughout the community in the LMN Zone. Specifically, the uses are as follows: Public and private schools for college, university, vocational and technical education provided they are located within three hundred (300) feet of East Vine Drive. 2. Limited indoor recreation establishments provided they are located within five hundred (500) feet of East Vine Drive. 3. Industrial uses, provided they are located within five hundred (500) feet of East Vine Drive: A. Workshops and custom small industry. B. Light industrial (production, assembly, packaging). 281 February 3, 1998 The above uses are in addition to the other "non-residential" uses allowed in the LMN Zone. In fact, certain non-residential uses are required to be located within each quarter -section (160 acres) ofLMNzoned land as components of a "neighborhood center" including uses such as: community facilities; child care centers; places of worship or assembly; convenience retail stores; offices, financial services and clinics; personal and business service shops; and standard and fast food restaurants. Staff does not see a justification for recommending an amendment to the City Structure Plan map at this time which would allow the I Zone to be placed on the subject property. Staffdid discuss the possibility ofextending a commercial/industrial corridor along the north side ofEast Vine Drive but decided this was not consistent with City Plan and chose instead to make the changes to the LMN Zone, as discussed above, to allow for thepossibility ofother "buffering " types ofland use to locate along East Vine Drive. The property is located within the boundary of the "Mountain Vista (Northeast) Subarea Plan. " It is possible, that through the more detailed review and refinement of City Plan policies through the subarea planningprocess a different land use designation could be established which would amend the Structure Plan and create a new zoning classification for the properties along East Vine Drive. PLANNING AND ZONING BOARD RECOMMENDATION: On January 15, 1998, the Planning and Zoning Board held a public hearing and considered the requested rezoning of this property and voted 6-1 to recommend approval of the LMN Zone to the Council. STAFF RECOMMENDATION: Staff recommends denial of the requested I Zone and approval of the LMN Zoning District. Staff also recommends the property be placed into the Residential Neighborhood Sign District. " Chief Planner Ken Waido gave a staff presentation on this item and a background history of the property. He stated the LMN zoning designation should not be considered strictly an exclusive residential zoning district, noting it is required to be a mixed zoning use. He stated staff is recommending denial of the landowners' request for I -Industrial zoning noting that existing use of the property would not be allowed in the LMN zone. He spoke of the planning studies currently being reviewed for the northeast quadrant of the City stating that as a result of those studies it is a possibility that there could be another rezoning action for properties along East Vine Drive. Ray Nauta, 9231 North County Road 9, Wellington, Colorado, expressed his reasons for requesting the I -Industrial zone and spoke of the limitations zoning the property LMN would have on his business and the future desire for operating a business by his son. He stated since he purchased the property in 1966 it has been rezoned 5 times. 282 February 3, 1998 Waido clarified staff s request would not prohibit the Nauta's current use of the property. After further discussion City Attorney Steve Roy clarified for Council that an action must be taken regarding the zoning, other than T-Transition, before March 15, 1998. Mr. Nauta responded to Council questions emphasizing that it was his concern that his family would not be permitted to operate a business on the property and expressed the need for a buffer zone on Vine street between the railroad switching yard. Judy Nauta, 9231 North County Road 9, Wellington, Colorado, spoke of the limitations the zoning would have on future tenants wanting to locate on the property. Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 17, 1998 on First Reading. Councilmember Kneeland opposed the motion and urged staff to look at other available options to accommodate the needs of the landowners. City Attorney Steve Roy responded to Council questions and stated there would be no consequences if it were Council's desire to postpone consideration of this item to February 17. Councilmember Bertschy made a motion to postpone consideration of Ordinance No. 17, 1998 to February 17, 1998. THE MOTION DIED DUE TO LACK OF SECOND. Councilmember Mason stated he supported the motion, emphasizing the zoning would allow the landowners to continue operation of their business but would limit future options. Councilmember Kneeland opposed the motion stating that staff has been flexible on certain properties zoned LMN and stated that should be considered for this property as well. Councilmember Bertschy spoke in opposition to the motion. PIN February 3, 1998 The vote on Councilmember Warner's motion was as follows: Yeas Councilmembers Byrne, Mason, Smith and Warmer. Nays: Councilmembers Azari, Bertschy and Kneeland. THE MOTION CARRIED. Other Business Councilmember Smith spoke of proposed Senate Bill 6 which allows governmental entities to sue one another and requested staff review the Bill and bring back to Council a position to take to CML representatives. After discussion, it was decided the Council would appoint City Attorney Steve Roy to convey its concerns to the CML Committee's regarding Senate Bill 6. Mr. Roy stated he would prepare a letter for approval by the Legislative Review Committee for its next meeting. Councilmember Kneeland suggested implementing a policy to treat trees and foliage in a more natural way in natural areas such as Pineridge. After comments, Councilmember Bertschy, made a motion, seconded by Councilmember Wanner, directing staff to form a CSU/City liaison committee comprised of the City staff, CSU staff and representatives of student government. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason asked that staff draft a letter to the North Front Range Transportation Management Committee (NFRTM) regarding the various concerns pointed out in the recent letter by the Chair of the Natural Resources Advisory Board, Tim Johnson. The meeting adjourned at 7:50 p.m. ATTEST: 1 NM