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HomeMy WebLinkAboutMINUTES-07/26/1977-AdjournedJuly 26, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:58 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, July 26, 1977 at 1:58 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Gray, Suinn and Wilkinson. Absent: Councilmembers Russell and St.. Croix. (Secretary's Note: Councilman Bowling arrived at the meeting at 2:20 p.m.) Staff Members Present: Deibel, Thexton, Liley, DiTullio, Kuppinger, Krempel, Hogge, Hays, Jones, Lanspery and Lewis. Also: City Attorney Arthur March, Jr. Insurance Bid Awarded Following is the City Manager's memorandum and recommendation on this item: "With the passage of the Governmental Immunity Act by the State legislature in 1971 (effective July 1972) government agencies, including Fort Collins, have experienced considerable problems in obtaining Liability Insurance. In order to protect itself, the City has purchased general and automobile insurance on a competitive basis. Our policy provides coverage in .four general areas: (1) general liability which includes coverage for false arrest, and errors and omissions, as well as City officials, employees, and volunteer workers; (2) automobile liability; (3) automobile physical damage, and (4) physical property damage. The minimum limits of liability are determined by State law with the amounts set at $100,000 per person; $300,000 each occurrence. We also had a $5 million dollar blanket umbrella. Since April of this year, our staff, under the direction of the risk manager, has been developing insurance specifications for bid proposals. Our current policy with the Gulf Insurance Company expires on July 31, 1977. The purchasing agent sent our 52 invitations to bid with the bid opening scheduled for 417 June 24, 1977, at 10:00 a.m. One proposal was received from Guarantee Insurance Company through the L.C. Wilson Agency. The proposal for $164,940 did not meet our specifications. Analysis of the bid revealed that the general liability policy excluded the entire operations of the Light and Power Depart- ment from the coverage. Their equipment, however, was covered under the automobile liability policy. Also, the proposal did not include any physical property coverage. Since the bid opening we have been discussing the proposal with the L.C. Wilson Agency and have, in fact, confirmed that our analyses were correct. Therefore, we recommend that the bid proposal from Guarantee Insurance be rejected. We have received verbal notification from the L.C. Wilson Agency that Gulf Insurance Company, our present carrier will renew our present policy with some exceptions. Our present p-oTI—cy provides coverage for ggeneral and automobile liability in the amounts of $100,000 - $300,000 and automobile physical damage. A $5 million excess limits coverage (umbrella) is also included. The cost for this coverage in 1976 was $129,176. The proposed policy from Gulf does not include umbrella coverage nor coverage for physical property and its contents. (The latter is now valued at $24,349,790 as opposed to $12,531,051 under the current policy.) The premium for the proposed policy would be $188,072, annually. The breakdown for premium costs under the present policy and under the proposed policy is as follows: 1977 1978 General $ 69,988 General $108,708 Auto 31,652 Auto 62,424 Physical Property 8,000 Auto Physical 16,940 Auto Physical 19,536 TF197= $188,072 The $188,072 is $58,896 higher than the $129,176 paid during this premium year. A total of $143,700 was included in the 1977 City budget for this purpose. If_ we accept the new policy, this account will show a deficit of $10,408 because we are impacted at the higher rate for five months (Aug. - Dec.). It is our opinion that we should accept the offer with the exclusion of the physical property coverage. Our reasoning in part, is based upon our concern as to what property should or should not be insured. Inflation has pushed the value of City -owned property and contents to over $24,000,000. The question that concerns us is, should we insure for the replace- ment of Water Treatment Plant No. 2 valued at $2,200,000 or should we insure, as an example, the house and barn at Lee Martinez Park valued at $70,000, etc. 418 We believe that we can negotiate a policy (with Council guidance) that will adequately insure our investments in the immediate near future. This will impact the cost approximately an additional $20,000. The exclusion of the Excess Limits coverage should also be noted. While we have asked for this coverage in the past, there is some question now as to its necessity. The City Attorney feels that the limits of our liability are set by the State at $100,000 - $300,000 and, therefore, insuring in excess of this amount only increases our exposure. Also, while we have explored the concept of self insurance, we have not developed a formal program. We believe a sub- stantial savings can be realized if such a program is properly developed. Recommendation: It is recommended that Council approve the insurance contract for 1977-78 with Gulf Insurance Company in the amount of $188,072. Further, that Council direct the Administration to negotiate a physical property policy and prepare by January 1, 1978 a program of self insurance which will explore among other things "pooling" with the cities of Loveland and Estes Park." Director of General Administrative Services, Mike DiTullio, spoke to the bid specifications and statutory limitations. City Attorney March clarified that Council would be taking some risk under this plan and they should recognize this. Councilman Suinn inquired if the staff had pursured the possibility of getting "other companies" to make a proposal outside the bid system. City Attorney March stated this possibility should be explored in connection with the pooling, and self insurance question. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the insurance contract for 1977-78 with Gulf Insurance Company in the amount of $188,072. Yeas: Councilmembers Bloom, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Councilwoman Gray made a motion, seconded by Councilman Wilkinson to direct the administration to begin to negotiate a physical property policy and prepare on or before January 1, 1978 a program of self insurance which will explore among other things pooling with other cities. Secretary's Note: Councilman Bowling arrived at this time and Mayor Bloom advised him of the content of the pending motion.. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 419 Ordinance Adopted on First Reading Annexing Property Known as the Timberline-Horsetooth Annexation Following is the City Manager's memorandum on this item: "This 36.8 acre site is located at the southeast corner of Horsetooth Road and Timberline Road, across from the Platte River Power Authority site. At its July 26, 1977, meeting the City Council approved the first reading of Ordinance No. 96, 1977, annexing the area. The petitioner had initially requested the I-P, Industrial Park Zoning District, but since the July 11, 1977, Planning and Zoning Board, consideration of this item has changed the request to the B-P, Planned Business Zoning District. The Planning and Zoning Board has recommended the T-Transition District in order to defer the question of the appropriate developable zoning district until September, 1977, when the Board will be considering the zoning for five (5) other recent annexation requests to the south." Planning Director Les Kaplan identified the area in question and spoke to the Planning and Zoning Board's concerns for zonings of annexations in this general area. Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 96, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED Fairview Shopping Center P.U.D. Preliminary Plan Approved Following is the City Manager's memorandum and recommendation on this item: "This is a proposal for a shopping complex on the site of the Chesterfield, Bottomsley and Potts Restaurant on West Elizabeth Street, west of City Park Avenue. Buildings would be 1 to 1-1/2 stories high, with architectural style similar to that of the existing restaurant. The applicant is Bartran Homes, Inc. Recommendation: The Administration recommends approval of this pre iminary p an. Noncompliance with the 30-foot landscape buffer requirement of the P.U.D. ordinance should, however, be discussed." Planner II Paul Deibel stated the Planning and Zoning Board and the Planning Staff had recommended approval; there was a complication which had to do with a requirement of the P.U.D. ordinance to the effect that where Planned Unit Developments adjoin public streets or lands of a different zoning classifica- tion a 30 foot landscape area shall -be installed and maintained 420 r 1 in the perimeter of the development. Staff would recommend a revision in this wording. City Attorney March stated Council was not being asked to give final approval to the final plan, so in effect, Council could approve the preliminary plan with the note that it does not meet the 30 foot requirement. Councilman Suinn made a motion, seconded by Councilwoman Gray to approve the preliminary plan with the note that it does not meet the 30 foot landscape buffer requirement which will need to be negotiated. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Kentucky Fried Chicken P.U.D. Preliminary Plan Conditionally Approved Following is the Planning Department's memorandum and recommendation on this item: Background and General Staff Comments This is a proposal for a Kentucky Fried Chicken fast food restaurant on the former site of Scotti's Drive -In, and for a separate one-story office building at the rear of the site. The proposal has already obtained a variance of the two acre requirement for a P.U.D. In general, the proposal seems to make the best of the significant constraints which affect this site. The circulation pattern is intended to minimize impact on South Shields Street traffic flow by separate entrance and exit driveways, and' by an interior parking layout with angled spaces that reinforce this flow pattern. Existing trees on the site are preserved by the plan. The restaurant is set back 38' from the street with landscaping in front so as to be compatible with adjacent uses. Land Use Breakdown Total area . . . . . . . . . . . Building floor area K.F.C.------ - - - - - - (indoor seating capacity of 24) office building - - - - - - - - total - - - - - - - - - - - - 35,989 sq. ft. (.83 acres) 1873 sq. ft. 4825 6698 421 Parking standard (at 1 space/200 sq. ft. floor area - - 33 spaces provided - - - - - - - - ---- ------- 34 spaces Coverage buildings . . . . parking & driveway landscaping . . . . . . . 18.6% . . . . . 56.9% . . . . . . 24.5% 1W.T% Planning and Zoning Board Recommendation: Conditional Approval At its July 11 meeting, the Board voted unanimously to recommend approval subject to several revisions suggested by the staff concerning: a) clarification of peripheral treatment of site; b) reservation of additional R.O.W. along S. Shields St.;, c) minor improvements to circulation, such as increasing angle parking to 750, increasing stack -up space in entrance drive, and placing a no left turn sign at exit curbcut. Although the proposal exceeds standard parking requirements, the staff expressed some concern over the adequacy of parking provided for the uses proposed. A letter from the applicant's architect in response to this concern is attached. 1 Staff Recommendation: Approval The applicant has complied with the conditions of the Planning and Zoning Board's recommendation for approval, thus the staff recommendation is for approval of the preliminary plan. As with the previous item, however, the proposal does not comply with the existing P.U.D. ordinance requirement for a 30' landscaped buffer along zoning district lines, nor does the planning staff feel that it is necessary or reasonable to require it to do so. The Planning and Zoning Board will review this provision of the P.U.D. ordinance at its next meeting. The immediate legal problem of compliance with the ordinance should nevertheless be addressed. This will probably require a variance. 422 1 Councilwoman Gray spoke to her concerns for the very intensive use proposed for this site and the additional traffic which would be created on South Shields. Councilman Bowling spoke to the uses which could be built now and Councilman Wilkinson inquired if a rear exit had been explored. Mr. Douglas Parker of Cox and Associates spoke to the proposal and the difficulties encountered due to the depth of the site. Councilman Bowling stated he felt he would like to know, 1) that the rear exit could or could not be worked out (perhaps with the cooperation of the City, and 2) that the entrance and exit off Elizabeth Street be addressed in a better frame. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the preliminary plan subject to the concerns of the Council, with a report from the Planning Department to be presented prior to final approval concerning a rear entrance and the possibility of decreasing the size of the office building on the back lot. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED Amendment.to Harvard Subdivision Approved Following is the City Manager's memorandum and recommendation on this item: "This is a proposal to add a drive -up use to the P.U.D. which is zoned H-B, Highway Business District, and located on the north side of Harvard Street between South College Avenue and Mason Street (extended). The plan provides for a drive -through automobile insurance , damage inspection facility. The plan is dependent upon reducing the Mason Street right of way from the 50 feet dedicated in 1972 to 40 feet (the width now being required for the street between Drake and Horsetooth). At its July 11 meeting, the Planning and Zoning Board voted unanimously to recommend approval of the revised plan and further recommended that Council reduce the Mason Street right of way adjacent to this site to 40 feet. Recommendation: The Administration recommends approval of this amendment to the P.U.D. 423 Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the amendment to the Harvard Subdivision P.U.D. Lot 5, Final Plat. Yeas: Councilmembers Bloom, Bowling, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.). Water Restriction Alternatives Aooroved Following is the City Manager's memorandum and recommendation on this item: "In an effort to alleviate low pressure problems, a new watering system has been approved by the City Council which will be effective July 31, 1977. The system uses the last digit of the street address to determine the day upon which the property may be watered. Addresses ending in 1,4, or 7 would water on Sunday and Thursday. Addresses ending in 2,5,8 or 9 would water on Monday and Friday. Addresses ending in 3,6, or 0 would water on Tuesday and Saturday. Also, the watering hours have changed. You may water from 4 a.m. to 10 a.m. and again from 5 p.m. to 11 p.m. on your watering days. All existing variances will remain in effect. We would appreciate your cooperation in making these changes and assisting in their implementation. Water and Sewer Utilities Director Roger Krempel spoke to the current water situation and the Water Board's recommendation which is as follows: "Effective Sunday, July 31, 1977, the following restrictions on watering yards from the City of Fort Collins water system will be in effect. No yard watering will be allowed on any day between the hours of 10:00 A.M. and 6:00 P.M. or between the hours of 12:00 midnight and 4:00 A.M. Within such hourly restrictions, yard watering will be allowed only as follows: 1 2 3 4 On all Sundays: Properties with street addresses ending in the digits 1,4,7. On all Mondays: Properties with street addresses ending in the digits 2,5,8,9. On all Tuesdays: Properties with street addresses ending in the digits 3,6,0. On all Wednesdays: No watering permitted. 424 1 1 5. On all Thursdays: Properties with street addresses ending in the digits 1,4,7. 6. On all Fridays: Properties with street addresses ending in the digits 2,5,8,9. 7. On all Saturdays: Properties with street addresses ending in the digits 3,6,0." Councilman Wilkinson made a motion, seconded by Councilman Bowling, to accept the Water Board's recommendation and to change the evening watering hours from 6:00 p.m. to 12:00 midnight to 5:00 p.m. to 11:00 p.m. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Other Business 1. Mayor Bloom recommended that City Council go into executive session on personnel matters (City Manager selection) on July 26, 29; August 1 and August 3. Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the recommendation. Yeas: Council - members Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 2. City Attorney March requested Council establish an effective date on the new water restrictions. Councilman Wilkinson made a. motion, seconded by Councilman Suinn to establish July 31, 1977 as the effective date of the new water restrictions. Yeas: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Mayor Bloom declared the meeting adjourned at 3:30 p.m. 425