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HomeMy WebLinkAboutMINUTES-01/10/1978-AdjournedJanuary 10, 1978 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:40 P.M. An adjourned meeting, of the Council of the City of Fort Collins was held on Tuesday, January 10, 1978 at 1:40 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: Mayor Bloom. Staff Members Present: Hays, Polifka, Arnold, Liley, Kaplan, Bingman, Deagle, Sanfilippo, Waldo, Deibel and Lewis. Also: City Attorney Arthur March, Jr. ' Vice Mayor Suinn called the meeting to order. Prior to his convening the meeting Council had been in work session and had been hearing from Attorney Eugene Mitchell who had presented an overview of the proposed shopping center at Drake and Lemay. In connection with this development, Attorney Mitchell requested that Council consider interpreting the H-B, Highway Business zone in accordance with today's trends; "that is that the specifications that uses (4) through (10) (4) Membership clubs. (5) Office and clinics. (6) Personal service shops. (7) Retail stores. (8) Laundry and dry-cleaning outlets whose business consists primarily of serving retail customers. (9) Limited indoor recreation uses, provided that all such activities are conducted entirely within an enclosed structure. (10) Small animal veterinary clinics. number (4) of which is anything that is a B-G use, and number (10) of which is of similar import, must be brought under a planned unit development approach. 32 January 10, 1978 The B-G uses preempt all but one or two of the B-L's but the premise of the zoning and the subdivision ordinances both is that these are remedial ordinances. They should be inter- ' preted literally to incorporate their effect, that when there is an ambiguity between two possible interpretations that that one which tends to the more restrictive and higher uses should control.." ---"or you should put a moritorium on uses under B-L in the Highway Business zone until you have had a chance to study it." Councilman Wilkinson inquired whether or not it would be desirable to eliminate the exceptions in the Highway Business zone. The Planning and Zoning Board had previously recommended that City Council consider revision of the R-H, High Density Residential District and B-L, Limited Business district zones to require site/landscaping plan review by the Planning and Zoning Board. This recommendation had not been acted upon by the Council, but various members of the Council felt that Council should again consider this recommendation. Councilmembers then inquired of the City Attorney whether a moritorium or other action was appropriate as requested by Attorney Mitchell. City Attorney March responded that "a moritorium is almost always impossible to defend without a lot of data behind it; in order to reach that result a better approach would be to adopt the interpretation that the only B-L uses that can be permitted without site plan I review or a P.U.D. are those B-L uses which are only allowed in B-L and not in the B-G zone." Councilman Bowling made a motion, seconded by Councilwoman Gray that the Council's interpretation of Section 118-62 of the Code, is that the uses allowed under Part A (3) of that section, pertain to uses in the B-L zone which are not included in the B-G zone and that any duplicate uses that are allowed both in the B-L zone and the B-G zone would have to meet the B-G requirements. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinance Tabled Rezoning Property Known as the Harmony Annexation No. 1 This ordinance rezones the Harmony Annexation No. 1 located north of Harmony Road and west of the Union Pacific Railroad tracks from T-Transition to a mixture of residential, commercial and industrial zoning districts. 33 1 January 10, 1978 Mr. Bill Tiley, representing the developers, appeared before the Council and requested that the staff make a presentation, ' followed by a presentation by the developer's land planners and then, after discussion, the developers meet with the City staff and that this item be tabled for two weeks. Council agreed with this procedure. Councilmembers made comments regarding, the proposed zones and total plan for the area. Councilman Bowling made a motion, seconded by Councilman St. Croix to table this item for two weeks. Yeas: Council - members Bowling, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Gray and Russell out of the room.) THE MOTION CARRIED Vice Mayor Suinn declared a 5 minute recess. Upon reconvening the meeting, Vice Mavor Suinn announced that Council needed to correct a tabled motion having to do with Hearing and First Reading of Ordinance No. 9, 1978 Rezoning the Harmony Annexation No. 1. Councilman Wilkinson made a motion, seconded by Councilman St. Croix to table Ordinance No. 9, 1978 to February 7, 1978. Yeas: Councilmembers Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Gray and Bowling out of the room.) THE MOTION CARRIED Creger Plaza Subdivision, Prelimiinary Plan Approved Following is the City Manager's memorandum and recommendation on this item: "Consideration of this preliminary plan was tabled on January 3 to allow the Steering, Committee another review. The Steering Committee reviewed the plan on January 5 and recommended approval stating that the questions involving utility service can be addressed after development is started. Recommendation: The Administration recommends approval of the preliminary p an subject to the conditions outlined under the "Staff Recommendation" in the attached memo from Planning." 1 34 January 10,. 1978 Councilman Wilkinson spoke to the 1041 Steering Committee recommendation for approval subject to service of utilities. Councilman Wilkinson made a motion,'seconded by Councilman ' Russell to approve the Creger Plaza Subdivision Preliminary Plan subject to utility service determination. Yeas: Councilmembers Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilmembers Gray and Bowling out of the room.) THE MOTION CARRIED Trail West Subdivision Preliminary Plan Approved Following is the City Manager's memorandum on this item: "This item was tabled January 3 pending another review by the Steering Committee. After additional consideration of this item on January 5, the Steering Committee feels that the questions regarding utility services can be addressed after development is begun." Councilman Wilkinson again spoke to the 1041 Steering Committee recommendation for approval subject to the service of utilities. Council considered the densities allowed in this subdivision. ' Assistant City Attorney Liley advised the Council that density is not at issue and will not be at issue as long as the developer does not exceed fourplexes and as long as they can meet their lot size requirements. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Trail West Subdivision, Preliminary Plat subject to utility services. Yeas: Councilmembers Bowling, Russell, St. Croix and Wilkinson. Nays: Councilman Suinn. (Councilwoman Gray out of the room.) THE MOTION CARRIED Contract Awarded on the EDA Municipal Building Solar Project Following is the memorandum and recommendation on this item from the Capital Improvements Coordinator: 35 January.10,. 1978 Since the EDA Grant bid opening on December 20, 1977 for the Munici- pal Building Solar Heating Project which resulted in not being responsive to EDA requirements and the budget, a 45 day extension has been granted by EDA to rebid the project. There is no problem in reducing the scope of the project to meet budget restraints or to rebid the project. However, the time extension does affect the completion schedule for the total Municipal Building Project. To date, the Municipal Building Project has remained on schedule by revising the construction schedule several times to compensate for delays in delivery of materials. The last critical material (steel decking) did arrive at the job site on January 6, 1978 which will allow the project to remain on schedule. However, since the EDA solar project does require installing structural bracing and solar frame supports to the roof of the new building before installing the roof decking, the 45 day extension will affect the total construction schedule of the Municipal Building. Recognizing that a delay in the Municipal Building Project is eminent unless some action is taken, I submit the following proposal for considera- tion. Since the initial EDA bid opening for this project did have one responsive bid to all EDA's requirements and the City s, and since the bid is for furnishing and installing the steel solar frames and bracing, I would submit that the City accept the bid and award the contract. By awarding the contract now, the steel bracing and supports could be installed now and not delay the installation of the roof decking or the total con- struction schedule. It should also be recognized that every day the roof deck installation is delayed, the exposure to the weather could compound the delay and the construction schedule. The granting of my proposal to award a contract for the steel solar frames and bracing to Rutledge Steel for $78,987.00 would involve accepting the following: (1) Rutledge Steel was the low responsive bidder who has met all EDA and City requirements. (.2) The award of the contract to Rutledge Steel would be made in advance of EDA's acceptance of the total project and granting of the finances. (3) The award of the contract would be a risk to the City, but not without backup sources of funds in case EDA totally rejected the project. (Municipal Building budget or from 7-Year Capi- tal Improvement interest and earnings.) (4) The installation of the steel solar frames by Rutledge Steel could and would be used at such time the City would complete the solar installation. if not completed by the EDA Grant. 1 36 January 10, 1978 (5) The time saved now by awarding the contract to Rutledge Steel could feasibly be justified by being able to maintain the ori- ginal construction shcedule and the potential dollars associated ' with extended delays in the project. (6) The award of a contract to Rutledge Steel would meet half the total EDA Grant requirement, leaving only half to obtain by rebidding the remainder of the Project. I feel confident in this proposal and that risk if any is justified in terms of the total project. I would ask that the Council have the opportunity to review and take action on this proposal at the January 10, 1978 work session. RECOMMENDATION: Award contract to Rutledge Steel for $78,987.00 for furnishing and installing the steel solar panel mounting and frames for the Municipal Building Solar Heating Project. Mr. Polifka responded to Council inquiries regarding the bid process and what will be accomplished within the grant. Councilman St. Croix made a motion, seconded by Councilman Wilkinson to award the contract to Rutledge Steel for $78,987.00 ' for furnishing and installing the steel solar panel mounting and frames for the Municipal Building Solar Heating Project. Yeas: Councilmembers Russell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bowling. (Councilwoman Gray out of the room.) THE MOTION CARRIED City of Fort Collins Urban Service Designation Goals Approved Following is the memorandum from the Director of Planning on this item: The Urban Service Area Designation Programs: Initial Goal Setting The Urban Service Area Steering Committee is having its first discussion -study session with the consultants on January 12, 1978. For this first meeting, the consultants have asked the jurisdictions to be prepared to discuss their respective goals for the Program -- that is, what each hopes to gain from this undertaking. Council members Earl Wilkinson and Dick Suinn have discussed their perspectives on such goals with you and me, and these are as follows: 37 January 10, 1978 1. Discourage a Sprawl -Type Pattern of Growth -- A dispersive pattern ' of development results in multiple problems ranging from the inefficient provision of private and public services to the short- lived delusion of living in a rural environment. The pattern of development in the Denver -metropolitan area exemplifies the undesir- able characteristics of urban sprawl and provides a vivid warning of what the City seeks to avoid. 2. Eliminating Utility Service Competition and Confusion -- The present decision -making process concerning utility service jurisdictions promotes uncertainties and inefficiencies for the City, County and districts. Developers and land owners oftentimes must either operate within this ill-defined system or become victims of it. A delineation of appropriate service areas for the districts and the City must be.a product of this program. The criteria for service area designations and the feasibility of various implementation techniques must be fully dis- cussed with the Steering Committee. To help assure long-term utility service coordination, an agreement on concrete criteria for resolving future service area issues should accompany specific service agreements. 3. Revised County Development Standards -- Development in the County and within a sphere of "urban influence" should not result in an unreason- able future economic burden to its residents and the Fort Collins public. A reconsideration of County development standards (i.e., streets, lighting, sidewalks, utilities, etc.) can prevent costly remedial improvements in the future. ' 4. City - County Land Use Planning Agreement — The character, density and timing of land use within certain areas of the County must be viewed as a matter of major concern by the City. Consequently, methods must be agreed to wherein the City's plans for growth can be better coor- dinated with growth outside its jurisdictions. The existing system allowing "City comment" within three miles is inadequate. The solution to problems and issues associated with land use in areas close to the incorporated limits of the City can be achieved only through a system of inter -jurisdictional controls and review which gives the City a clear and substantive opportunity to participate in extra -jurisdictional land use decision -making. 5. Discourage Urban Growth Between Loveland and Fort Collins -- The City feels strongly that the physical and visual identities of both Fort Collins and Loveland should be preserved. Accomplishing this involves a variety of planning objectives, including both the dis- couragement of "strip commercial" and urban -type development between these cities and also opposition to the incorporation of existing and future clustered areas of development. While a separate program involving the corridor between Loveland and Fort Collins has been initiated by these cities and the County, it is important that the Urban Service Area Program itself serve to promote these City objectives. 1 38 January 10, 1978 Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Urban Service Area Designation Programs: Initial Goal Setting. Yeas: Councilmembers Bowling, Russell, I St. Croix, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of the room.) THE MOTION CARRIED Adjournment Vice Mayor Suinn adjourned the meeting at 3:55 p.m. ATTEST: 2 711" 39 '