HomeMy WebLinkAboutMINUTES-01/17/1978-RegularJanuary 17, 1978 .
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins was
held on Tuesday, January 17, 1978 in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the
following Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix
and Wilkinson.
Absent: Councilman Suinn.
Staff Members Present: Arnold, Deibel, Kaplan, Bingman, Thexton,
Mulligan, DiTullio, Harmon, Sanfilippo,
Krajicek, Lanspery, Liley and Lewis.
Also: City Attorney Arthur March, Jr.
City Manager Arnold introduced Fire Chief John D. Mulligan to the
Council.
Consent Calendar Items
These are items of a routine or non -controversial nature, on which
a unanimous vote of approval is expected. Anyone may request an
item on this calendar be "pulled" off the Consent Calendar and
considered separately. (The purpose of this calendar is to allow
Council to spend its time and energy on more important items.)
Mayor Bloom inquired if there were items to be withdrawn from the
consent agenda. No request for withdrawal was made. City Clerk
Verna Lewis read the ordinances by title:
3. Minutes of the Regular Council meetings of December 20, 1977
and January 3, 1978.
4. Second Reading of Ordinance No. 1, 1978 Being an Ordinance
Amending Section 30-2C of the Code of the City of Fort Collins
and Establishing a Pension Reserve Account in the Trust Fund
and Appropriating the Sum of $235,000.00 From Reserves to Such
Pension Reserve Account.
5. Second Reading of Ordinance No. 2, 1978 Appropriating $118,000
from the General Fund Unappropriated Surplus for the Contribution
to the Emplovees' Retirement Fund.
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January 17, 1978
6. Secorid Reading of Ordinance No. 3, 1978 Being an Ordinance
Amending Section 9-5 of the Code of the City of Fort Collins
Relating to Elections and the Use of Voting Machines at
Elections.
7. Second Reading of. Ordinance No. 4, 1978 Being an Ordinance
Appropriating Funds from the General Fund for Expenditure
During 1978 for the Lemay Avenue Extension.
8. Second Reading of Ordinance No. 6, 1978 Rezoning an Area
Known as the Shepherd -Buckingham Rezoning.
9. Acceptance of Annual Report from the Liquor Licensing Authority.
Following is the City Manager's memorandum on this item:
Enclosed is a copy of the 1977 Annual Report of the Liquor Licensing
Authority. Submission and acceptance of this report is required under
the Code of the City of Fort Collins.
The Liquor Licensing Authority was created in 1974. Prior to that time
City Council acted as the Authority. The Authority has two to four-hour
meetings every four weeks. This has taken a great deal of the load from
the City Council. They are a hard-working group and diligent in their
responsibilities.
10. Easement from Foothills Square, Ltd. i
Following is the City Manager's memorandum on this item:
The attached easement from Foothills Square, Ltd. is for the installa-
tion and continued operation, maintenance, repair, alteration, inspection,
and replacement of the underground and/or overhead electric transmission
and distribution lines of the City at the southwest corner of the Foothills
Square Shopping Center area. The purpose of this easement is to supply
primary electric service to the Foothills Square Shopping Center and
to new development areas to the east along Horsetooth Road.
Consideration: $1.00
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January 17, 1978
11. Resolution Approving an Agreement with Union Pacific
Railroad Company.
Following is the City Manager's memorandum on this item:
The attached memorandum from theCity Attorney addresses the questions
which were raised at the January 3, 1978, Council -meeting regarding the
dates of the various agreements and addendums thereto. This is an addendum
to an existing agreement under which the Union Pacific leases the park site
on Jefferson Street adjoining the old Union Pacific Depot to the City.
RESOLUTION 78-3
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT WITH THE
UNION PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Fort Collins, Colorado, an addendum (hereinafter
the agreement) amending contract dated May 3, 1974, covering
the leasing to the City of certain premises of the Railroad
Company at Fort Collins, Larimer County, Colorado, to be
used as a park; the addendum providing for substitution of
plat; such agreement being identified in the records of the
Railroad Company as its C.D. No. 39591-4; and
WHEREAS, the Council of the City of Fort Collins has
said proposed agreement before it and has given it careful'
review and consideration; and
WHEREAS, it is considered that the best interests of
said City of Fort Collins will be subserved by the acceptance
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the terms of the agreement submitted
by Union Pacific Railroad Company as aforesaid be, and the
same are hereby, accepted in behalf of said City.
Section 2. That the Mayor of said City is hereby
authorized, empowered and directed to execute said agreement
on behalf of said City, and that the City Clerk of said City
is hereby authorized and directed to attest said agreement
and to attach to each duplicate original of said agreement a
certified copy of this resolution.
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January 17, 1978
Passed and adopted at a regular meeting of the City
Council held this 17th day of January, A.D. 1978.
ATTEST:
Mayor
:.J�/ vfir-aL
City Clerk
12. Site and Landscape Plan Review in R-H and B-L Zones.
Following is the City Manager's memorandum on this item:
At the January 10, 1978, work session, Council requested staff prepare a
proposal for site and landscape plan review in R-H and B-L zones. There
was not adequate time to prepare a report for your consideration at the
January 17, 1978, meeting. We have, however, scheduled the report for
presentation at the February 7, 1978, meeting.
Councilman Wilkinson made a motion, seconded by Councilman Russell
to approve the Consent Calendar. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted as Amended on First Reading Calling
a Special Election to Form a'Downtown Development Authority
Following is the City Manager's memorandum on this item:
This ordinance was tabled December 20 to allow additional time for input from
downtown people regarding the proposed Downtown Development Authority.
Material is attached which defines the Authority and its purpose. Basically,
the Authority is a tool for the downtown to redevelop itself. Tax increment
financing is also allowed through the Authority.
The attached ordinance provides for a special election on February 21, 1978,
to consider the question of forming a Downtown Development Authority.
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January 17, 1978
City Manager Arnold stated the administration has a slide
presentation to be presented to any group should Council adopt
this ordinance.
City Attorney March reviewed the following changes in the
ordinance which had been inadvertently confused in the agenda..
The following changes are recommended:
1. On page 1 of the ordinance, paragraphs six through nine of the
revised legal description which continues on page 2 and ends on
page 3.
2. On page 4, section 5, line 7, "the 13th day of January, 1978,"
was changed to "the 17th day of February, 1978".
3. On page 4, section 6, fifth line down, "The Absent voter polling
place shall be the Fort Collins Community Building, 101 Remington
Street, Fort Collins, Colorado" was changed to "The absent voter
polling place shall be the City Clerk's Office, Fort Collins
Municipal Building, 300 LaPorte Avenue, Fort Collins, Colorado."
4. On page 5, paragraphs 3 through 11 and ending after paragraph
14 of page 6 of the revised legal description.
5. In paragraph 5, pape 7, last line, the date was changed from
January 13, 1978 to February 17, 1978.
6. In paragraph 6 of the same page, fifth line down, "The absent
voter polling place shall be the Fort Collins Community Building,
101 Remington Street, Fort Collins, Colorado" was changed to
"The absent voter polling place shall be the City Clerk's Office,
Fort Collins Municipal Building, 300 LaPorte Avenue, Fort Collins,
Colorado."
7. On the top of page 8 two lines were deleted because they were
already on the previous page.
8. On page 10 of the Official Ballot the legal description beginning
in paragraph 3 and ending with paragraph 14 of page 11 was revised.
Councilman Russell made a motion, seconded by Councilman Wilkinson
to amend the Ordinance as recommended. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Attorney Paul Valentine spoke to concerns which are as follows:
1. Is it a proper function of government to encourage development
of this type in the downtown area and is it desirable?
2. Is it proper and appropriate for government to subsidize the
development?
3. Legality of City issuing bonds -- Charter provision against
the City lending its faith or credit to any other agency.
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January. 17, 1978
4. His opinion that Council would be establishing another layer
of government.
5. The powers of the Authority could entail overhead costs. The
Authority does not currently have powers or condemnation.
City Attorney March spoke to the points addressed by Mr. Valentine
and the provisions of the law.
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 134, 1977 as amended on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
and Wilkinson. Nays: None.
THE MOTION CARRIED
Glendal Subdivision, Preliminary and
Final Plat Approved
Following is the City Manager's memorandum on this item:
This is a proposal for a single -lot commercial subdivision on a one -acre
parcel adjacent to the City's Service Center on Wood Street. This property
was incorporated into the city as the Gallegos Annexation in 1976.
At its January 9, 1978, meeting the Planning and Zoning Board recommended
approval of the proposed plat with the following conditions:
1. In order to receive a City sewer service, the applicant must
do a service survey: the applicant does not desire additional
sewer service to the site.
2. The applicant should enter into an agreement for the future
improvements along Wood Street: the Assistant City Attorney
is drawing the necessary agreement for street improvements.
Staff anticipates this agreement will be signed by the
January 17 meeting.
City Manager Arnold stated the administration had anticipated
having the agreement signed prior to this meeting, however it
had not been; so if Council chooses to approve the plat it
should be with that condition.
Mrs. Glenda Freeman, owner of property, spoke to the uses to be
made of the site.
Councilman Bowling made a motion, seconded by Councilman St. Croix
to approve the Glendal Subdivision, Preliminary and Final Plat
subject to the applicants entering into an agreement for future
improvements along Wood Street. Yeas: Councilmembers Bloom,
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January 17, 1978
Bowling, Gray, Russell, St. -Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Second Replat of Tract C, Edora Acres First
Filing P.U.D., Preliminary Plan Approved
Following is the City Manager's memorandum and recommendation
on this item:
This is a proposal for 32 multi -family units on 2.7 acres south of East
Prospect load on Edora load.
'There are no major issues surrounding this proposal. Both the Planning and
Zoning Board and Planning staff recommend approval subject to the following:
1. Use of berms and landscape treatment to separate the
area from Prospect and Edora load.
2. Building "G" should be shifted west to avoid encroaching
on existing water line easement.
These conditions can be addressed on the final plan.
Recommendation: The Administration recommends approval subject to the above
conditions being met on final plans.
Dan Wilson, one of the developers, spoke to the plan and the
staff recommendations.
Councilwoman Gray stated ..."I am beginning to feel very strongly
that the school impact data is meaningless and useless, because
it gives you a projection. What would be helpful would be to
look at a typical unit with reasonable estimates of how many
people this handles."
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
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January 17, 1978
Palmer Plaza P.U.D., Preliminary Plan
Approved
Following is the City Manager's memorandum and recommendation
on this item:
This is a proposal for a small, retail shopping center to be located on the
National Subdivision —the site previously occupied by the Fort Collins National
Bank —on the South College Avenue Frontage Road between Harvard Street and
Swallow Foad.
At its January 9, 1978, meeting the Planning and Zoning Board unanimously
recommended approval subject to the following conditions:
1. Provisions for on -site detention must be coordinated with the
Engineering Department.
2. Unless con=n driveways with the properties on the north and
south can be provided, the northern curbcut on this site should
be moved 15 to 20 feet south to increase the separation between
it and the Firestone Dealership's adjacent driveway; the eurbpqt
adjacent to Ed Carrol's Volkswagon should be moved as far north
as possible.
The applicant has agreed to these conditions.
l�ecommmendation: The Administration recommends approval of the Palmer Plaza P.U.D.,
Preliminary Plan, subject to the above conditions.
Mayor Bloom declared that even though this was the site'of the
Fort Collins National Bank, it was not owned by the bank and
was never owned by the bank, therefore, although he is on the
Board of Directors of the bank, there is no conflict.
Councilman Russell made a motion, seconded by Councilman Bowling
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
208 Program Funding, Approved
Following is the City Manager's memorandum and recommendation on
this item:
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January 17, 1978
On September 20, 1977, Council passed a resolution recomarending to the Larimer-
Weld COG that necessary funding be provided to continue the 208 Program through
the 1978 calendar year.
Although previously the 208 Program was funded 100% by the EPA, future EPA
funding will be 75% with 25% local matching required.
For part of this local match, the COG requests $2,584 from the City of Fort
Collins. This amount is based on a formula which assesses the City in proportion
to the estimated 1975 population level.
Funds are available in the 1978 wastewater budget to cover the requested amount.
Recommendation: The Administration recommends that Council approve the request
for $2,584 as part of the local match required to insure funding for the 208
Program through calendar year 1978 and instruct the Administration to prepare
the necessary documents to finalize the contribution.
Councilwoman.Gray made a motion, seconded by Councilman Wilkinson
to adopt the recommendation of the administration subject to the
contributions by other entities. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Policy for Alcohol at Lincoln Community Center
Following is the City Manager's memorandum and recommendation on
this item:
This item was tabled at the January 3 meeting to allow preparation of more
detailed specifications governing the use of alcohol at Lincoln Community
Center.
The attached policy addresses the purpose of the facility, specifications
for the concessionaire's contract, advertising, customers, locations for
services, convention policy, security, and administration. It was reviewed
and approved by the Cultural Resources Board on January 11, 1978.
We feel the revised policy adequately clarifies and protects Council's intent
regarding the use of liquor at Lincoln Community Center.
Recommendation: The Administration recommends approval of the Statement of
Policy and Rules and Regulations Governing Use of Alcohol at Lincoln Community
Center.
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January 17, 1978
Councilman St. Croix recommended the word "with" be inserted
after the word "compatible" on line two of the sixth paragraph.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Gray, St. Croix and Wilkinson.
Nays: Councilman Russell.
THE MOTION CARRIED
STATEMENT OF POLICY AND RULES AND REGULATIONS
GOVERNING USE OF ALCOHOL AT LINCOLN COMMUNITY CENTER
Section 1. Policy.
The Lincoln Community Center is planned as a multi-
purpose facility designed to accommodate a variety of programs
for this community. Such programs include the following:
A. A stage and auditorium for the presentation of
stage productions.
B. A complex capable of handling conventions of
all sizes and types.
C. Meeting facilities for various local groups
and organizations.
D. Galleries and exhibit halls for presentation
of art showings and other displays.
The City Council recognizes that the availability of alcoholic
beverages would be compatible with and would complement some of
the events to be scheduled for the center. Many events for
which the center has been designed will not be scheduled in
the center if such beverages are not available for these
programs. However, the City Council also recognizes that
alcoholic beverages would not be appropriate in connection
with many other uses to be made of the center. Even for
appropriate functions, alcohol should be made available only
incidentally to the event being conducted at the center. In
any event, if alcohol is to be available at the center,
there must be controls imposed to insure that such availability
does not interfere with any other event being conducted at
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January 17, 1978
the center, that such availability is only incidental to the
principal purposes of events scheduled at the center and
that such availability is not offensive to any person not
desiring to participate in the use of alcohol at the center.
In order to permit the use of alcoholic beverages in
appropriate cases but to protect against any use of such
beverages which is not appropriate, the following rules and
regulations are adopted.
Section 2. Regulations.
A. Concessionaire. Alcoholic beverages will be dispensed
only by a concessionaire licensed by the City Council.
B. Concession Contract.
(1) The Concessionaire shall be selected by the
City Council by competitive bidding.
(2) The term of the concession contract shall be
one (1) year.
(3) The Concessionaire must possess all licenses
required by law or ordinance for the sale of alcoholic
beverages.
(4) Prices to be charged by the Concessionaire
shall be approved by the Cultural Affairs Director of the
City.
(5) Concessionaire shall be responsible for
providing all supplies and equipment required to operate the
concession.
(6) Concessionaire shall be required to provide
all clean-up and maintenance services connected with the
sale or dispensing of alcoholic beverages at the center.
C. Advertising. No advertising of alcoholic beverages
will be displayed in the center at any time.
D. Customers. Sale or dispensing of alcoholic beverages
will be available only in connection with specific events
scheduled at the center to patrons of or participants in
such events. There shall be no service of alcoholic beverages
to the general public.
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January 17, 1978
E. Locations for Service. Alcoholic beverages shall
be dispensed only in convention facilities or in the auditorium
lobby at locations designed for such service. In connection
with any event, alcohol shall be permitted only in that part
of the facility related to the event. Access to other
portions of the facilities shall be restricted to prevent
participants in one event entering into areas outside the
area occupied in connection with that event.
F. Auditorium.
(1) No alcohol shall be dispensed or consumed in
the concert hall or in the practice stage areas.
(2) In connection with performing arts presentations,
alcohol shall be available only one hour before the event
and during intermission.
(3) Alcohol shall be served only in connection
with presentations presented primarily for adult audiences.
No alcohol shall be available for programs presented primarily
for minor audiences.
G. Conventions, Meetings and Conferences. If the
sponsor of a convention, meeting or conference desires to
have alcoholic beverages served, the sponsor shall apply
to the City for approval. Such application shall be made on
forms supplied by the Cultural Affairs Department and indicate
the times during which alcohol is to be available and the
places where service will be made. The City shall permit
such service only if it determines that this is in accordance
with the policy expressed herein and that all requirements
of these regulations will be met. Service shall be permitted
only in accordance with the conditionsof the approved
application.
B. Security. Alcohol shall be available at privately
sponsored events only if the sponsor provides such security
as required by the City to insure compliance with these
regulations and the laws and ordinances of appropriate
governmental authorities. Such security shall be provided
without cost to the City. The City Administration shall
approve all security arrangements.
I. Administration. These regulations will be administered
by the Cultural Affairs Department of the City. Decisions
of the Cultural Affairs Director may be appealed for review
by the Cultural Resources Board. The Board may promulgate
additional regulations, not in conflict with these regulations,
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January 17, 1978
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if the Board determines such other regulations are necessary
or desirable to accomplish the purposes and policy of the
Council expressed herein. The Board shall also perform such
other functions as may be assigned to it by these regulations
or the City Council. The City Council will grant any
concession required hereunder and will consider and finally
decide any appeal from decisions of the Cultural Resources
Board.
Other Business
Councilmembers Bowling and Wilkinson stated they wished to inform
Council that they are going into a partnership venture on a
piece of ground on South College Avenue. The property is north
of Century Magnavox.
City Manager's Reports
a. City Manager Arnold circulated a Colorado Municipal League
Newsletter outlining an orientation work shop for Council -
members.
b. The Manager then circulated a letter from Jack H. Watson, Jr.,
Presidential Assistant who announces that Ms. Betty Miller
has been appointed Chairman of the Federal Regional Council
in Region VIII which serves Fort Collins.
C. City Manager Arnold reported that prank calls had allegedly
been made in regard to a power outage which was to have
occurred on Sunday, January 15, at 4:00; the date of the
Super Bowl Game.
d. City Manager Arnold requested Council direction on action
being proposed by two County Sanitation Districts,
(Powderhorn and Horseshoe) which are proposing to serve
outlying areas in the County. The application will be
reviewed by the County Commissioners on Wednesday,
January 18, 1978. The administration would like Council
approval of the staff attending the hearing and express
concerns as to the conflict with the 208 Wastewater Study.
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January 17, 1978
Council requested the staff attend the hearing and express
the City's concerns.
e. On the contract which has been pending with the BOR in
regards to Joe Wright Reservoir, City Manager Arnold
reported that he would present the contract with a
resolution at the adjourned Council meeting of January 24,
1978.
f.' City Manager Arnold also requested Council guidance on
having a Council retreat. Councilmembers will advise the
Manager of time availability.
g. City Manager Arnold then informed the Council that Mr. Allen
Merson, Regional Administrator of the Environmental Protection
Agency will be in Fort Collins on Wednesday January 18, 1978.
The purpose of the visit is to view the Poudre.River and
the 208 Plan.
Reports
from City Council Members on Various
Committees
a.
Councilman
Wilkinson reported that the 1041 Steering Committee
had met on
January 12, and would meet again on January 19.
b.
Councilman
St. Croix reported that the Corridor Committee
will meet on
Wednesday, January 18, at 3:00 p.m. to discuss
the corridor with the County Commissioners.
C.
Councilman
Bloom reported on the Colorado Municipal League
Committee on Police and Fire Pensions. He reviewed the
.provisions
of S.B. 46 and the revision recommended to that
bill.
d.
Councilman
Russell stated the Platte River Power Authority
would meet
on Thursday, January 19.
e.
Councilwoman Gray reported the Community Education Committee
would meet
Wednesday, January 18, 1978.
f.
Councilman
Bowling stated he had he audit for the Larimer/Weld
Council of
Governments for anyone who wished to review it.
Mayor Bloom then declared a recess until 7:20 p.m.
53 1
January 17, 1978
Appeal Decision of Liquor Licensing Authority
Tabled to January 31, 1978
Following is the City Manager's memorandum and recommendation
on'this item:
At its November 16, 1977, meeting the Liquor Licensing Authority voted
unanimously to grant the application for a Beer and Wine License to RCP
Enterprises dba The Goode Taste Crepe Shoppe at 400 East Olive Street.
The Resolution granting the license was adopted on December 14, 1977.
on December 15, 1977, the City Clerk received an appeal from the decision of
the Liquor Licensing Authority to the City Council. This appeal was presented
at the January 3, 1978, Council meeting. The City Council established the
hearing date for January 17, 1978, at 7:15 p.m. or as soon as the matter may
come on for hearing. Copies of the transcript of the November 16, 1977,
hearing were forwarded under separate cover to the City Council.
Upon recommendation of the City Attorney, this hearing should be on the
record and no new evidence should be considered. After hearing any presentation
either party may make, the Council has the following options:
1. Sustain the decision of the Authority.
2. Reverse the decision of the Authority and remand the matter
back to the Authority with direction to deny the license.
3. Refer the matter back to the Liquor Licensing Authority for
further proceedings to reconsider the application.
Also attached is a list of the beer and wine licensed outlets within the city.
Recommendation: The Administration recommnds that Council, after examining
the record and hearing any presentations of either party, decide whether to
sustain or reverse the decision of the Authority or to remand the matter
back to the Authority for further consideration.
Mayor Bloom declared the public hearing opened.
City Attorney March stated Council had previously received a
transcript of the hearing held before the Liquor Licensing Authority
and a copy of the Resolution of the Liquor Licensing Authority
taking action on this matter; in accordance with past procedures
it is the recommendation of the legal staff and the administration
that the hearing be on the record and that no new testimony
pertaining to the merits granting or refusing the license be
allowed. It is proper to hear arguments of counsel; after the
close of any arguments Council has the three options outlined
in the agenda. Council could take action this evening, take
the matter under advisement or table it.
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January 17,. 1978
Attorney Jack Vahrenwald, representing the appellants requested
a waiver of the procedure to allow him to present other matters
relating to parking, zoning,'et cetera which had been disallowed
at the hearing. Mayor Bloom ruled the procedure recommended by
the City Attorney would be followed. 11
Attorney Vahrenwald presented arguments relating to the desires
of some of the inhabitants of the neighborhood. He then presented
minutes of the Zoning Board of Appeals of August 11, 1970 in
relation to this location (400 East Olive) when variances were
granted to allow a restaurant.
Mayor Bloom advised him Council might disregard this evidence
as the Liquor Licensing Authority had done. Attorney Vahrenwald
concluded by requesting the Council to reverse the decision of
the Liquor Licensing Authority and deny the license.
City Attorney March stated that although Council has the transcript
of the hearing they did not have copies of the exhibits which
include the petitions; pro and con. He then distributed the
exhibits for Council review.
Attorney David Bye, appearing on behalf of the applicants, spoke
to the number of signatures (approximately 620) in favor of the
application which substantiates that the needs of the neighborhood
are not now being met. He also reviewed the proposed method
of operation and the hours of service. He concluded his arguments
by requesting that based on the record Council uphold the decision
of the Liquor Licensing Authority.
Council then allowed Attorney Vahrenwald an opportunity to rebut
arguments made by Attorney Bye on behalf of the applicants.
Council then took the matter under consideration.
Councilman Russell made a motion, seconded by Councilman Bowling
that the City Council refer the matter back to the Liquor
Licensing Authority for further proceedings to reconsider.
Yeas: Councilmembers Bowling, Russell and St. Croix. Nays:
Councilmembers Bloom, Gray and Wilkinson.
Mayor Bloom declared the motion did not pass.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
the the decision of the Liquor Licensing Authority be upheld and
that the Beer and Wine license be granted. Yeas: Councilmembers
Bloom, Gray and Wilkinson. Nays: Councilmembers Bowling, Russell
and St. Croix.
Mayor.Bloom declared that the motion did not pass.
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January 17, 1978
City Attorney March stated he had not been faced with this
situation before but he assumed that (Council's) position
would be the same as an Appellate Court; and in that case,
the decision of the lower court stands unless the decision
is reversed. He then so ruled, subject to being, overruled
by the Council.
Councilmember Gray stated that if a full Council were present
the deadlock vote could be broken. A transcript of this
meeting will be provided to Councilman Suinn.
Councilman Bowling made a motion, seconded by Councilman Russell
to table this item to the January 31st adjourned meeting at
1:30 p.m. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Mayor Bloom declared a five minute recess.
Ordinance Defeated Rezoning Property
Known as the Hamilton -West Mulberry Rezoning
Following is the City Manager's memorandum and recommendation
and the Planning and Zoning Board Reports on this item:
This item was tabled by Council at the January 3rd meeting at the request of
the applicant's attorney who was unable to attend.
A detail which should also be noted is that the attached menus discuss the
proposal as entailing two lots on 1.58 acres on the corner of Mulberry and
Taft Hill. However, subsequent to the Planning and Zoning Board meeting, the
petition was altered to entail only the corner lot on 1.0 acre.
Recommendation: we reccmTend that this ordinance be denied.
Following is the Planning and Zoning Board Reports:
Background
This is a proposal to rezone the 1.5 acre site on the southeast corner of
Taft Hill Road and Mulberry Street from R-L, Low Density Residential to R-H,
High Density Residential. The site includes the two tracts fronting West
Mulberry Street at the corner of Taft Hill Road. Each of these tracts
contains an older frame house.
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January 17, 1978
This is the fourth rezoning petition considered for this location since 1973.
In 1973, a petition for a rezoning to Planned Business was denied. In 1975
a second petition for Planned Business was withdrawn subsequent to the Planning
and Zoning Board recommendation for denial. In 1976, a petition for Highway
Business was denied.
The current petition states the reason for the request as follows:
"The zoning on the parcel of land doesn't seem suitable
for single family with the commercial area to the west.
Since the road has been widened to alleviate some of the
dense traffic, we feel that another type zoning could be
more applicable."
If approved, the rezoning would allow the non -retail commercial uses (offices,
restaurants, etc.) or the High Density Residential uses permitted in the R-H
zone.
Discussion
The reasons for denial of previous requests to rezone this site are discussed
below. Although these previous requests were for retail uses in the Planned
Business and Highway Business zones, whereas, the current request is for
non -retail commercial or high density residential uses in the High Density
Residential' zone, the staff and the Planning and Zoning Board feel that
these reasons for denial of a higher intensity use on the site still
pertain:
1. Lack of need. It is difficult to make a case for the need for addi-
tional commercial zoning in the area considering the undeveloped
2.5 acre area zoned for business use on the opposite corner as well
as the developed commercial uses located across the street on Taft
Hill as well as 1/2 mile to the east (City Park Plaza) and 1/2 mile
to the south (Cedarwood Plaza).
2. Impact on adjacent neighborhood. The rezoning could tend to undermine
the stability of the single family residential uses along Taft Hill
Road and Mulberry Street, and could set the pattern for additional
rezoning requests for commercial use along these streets.
3. Changed conditions. One of the reasons for denial of previous requests
to rezone this site has been that conditions affecting the site had
not changed since prior decisions to deny were.made for the foregoing
reasons, and the consistency of -these prior decisions should be upheld.
An argument might be made at the present time that the widening of
Taft Hill Road and an increase in traffic has since changed conditions
affecting the site. It does not follow, however, that this therefore
warrants the rezoning of this site for a higher intensity use which
would add to traffic impact at the intersection. The Denny -Seaman
Rezoning, denied by the City Council on October 19, 1976, was a request
57 a
January 17, 1978
to rezone existing single family homes located near the intersection of
Prospect and Shields Streets from the R-L, Low Density Residential District,
to the R-M, Medium Density Residential District zone because of the increase
in traffic on Prospect at that location. The rezoning was denied on the
basis that:
" . . . heavy traffic alone (does not) make property
unsuitable for single-family residential uses. Moreover,
it is likely that the increased traffic intensity of
higher intensity uses for these properties would exacerbate
the existing traffic problems of this area. In addition,
there are many other single-family houses fronting onto
Prospect (both east and west), Shields, and other heavily -
travelled streets in the City which are clearly still viable
as single-family homes. A rezoning at this location might,
in fact, set the stage for additional rezoning requests up
and down, not only Prospect, but other busy streets."
The staff recognizes the constraints on redevelopment of the Hamilton -Wilson
site. However, the staff is led to the conclusion that the proper response to
the constraints on the redevelopment of a site such as this is not to change
the land use (and thereby possibly add to existing problems) but rather to
pursue innovative design approaches for redevelopment through variances or
planned unit development so as to minimize these constraints.
The Deines - Glenmore Subdivision Rezoning, denied by the City Council on
December 21, 1976, was a request to rezone based on the physical difficulties
of developing the site. Nevertheless, the site was subsequently developed
under the existing R-L, Low Density Residential zoning by way of an innovative
design approach based on a variance..
A similar approach might be feasible in this case as well considering the fact
that one of the petitioners also owns several large undeveloped tracts
adjacent to the east of the requested rezoning. If it is to be redeveloped,
the corner could perhaps be combined in an overall approach to the development
of this larger area, if adequate access could be obtained.
Planning and Zoning Board Recommendation: Denial
At its November 7 meeting, the Board voted unanimously to recommend denial
of the rezoning.
Some comments by the Board were that rezoning the corner would adversely
affect the planning and developability of the applicant's (Mrs. Hamilton's)
larger tracts on the interior of this block; that the problem was one of a
creative design approach rather than of rezoning; that the forthcoming land
use plan should examine problem areas such as this; that granting the request
could be considered a spot zone.
Staff Recommendation: Denial
NOTE: A petition with 35 signatures in opposition to the rezoning
was submitted to the Planning and Zoning Board at this meeting.
58
January 17, 1978
Planner I7.,Paul Deibel outlined the staff and Planning and
Zoning Board concerns and presented slides of the area.
Attorney George Haas, representing the petitioner, spoke to
the characteristics of the total property, the existing use,
and requested that Council grant the rezoning requested.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to deny Ordinance No. 8, 1978. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Annexing
Property Known as Lindenmeier Second Annexation
Following is the City Manager's memorandum and recommendation
on this item:
This is a proposal to annex 6.66 acres located on North Lemay Avenue south of
East Willox Lane. It is the second of two "companion" annexations annexing
a 9.5-acre site.
A requirement of the Council approved agreement for utility service to this
area states that the owner agreed to annex the property to the city when it
became eligible.
Both of these annexations were discussed at the September 12 Planning and Zoning
Board meeting. Staff recommended approval of the annexations on the basis of
enoc)uraging development to the north and because of the existing utility service
dgreement. The Planning and Zoning Board recormended denial basically because
of the lack of demonstrated need for the addition of residentially zoned land
to the city, the lack of a clear policy regarding future annexations in this
area, and the impact on existing City facilities such as police and fire.
Council approved Linde-meier First Annexation on October 4, 1978. In view of
this policy direction from Council, we are reccnvrending approval of Lindenmeier
Second Annexation.
Recommendation: The Administration recommends adoption of the above ordinance
annexing Lindenmeier Second Annexation.
&0
1
I
January 17, 1978
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to adopt Ordinance No. 10, 1978 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix and
Wilkinson. Nays: None. (Councilman Russell out of the room.)
THE MOTION CARRIED
Amendment of Lots 4, 5 and 6 of Thunderbird
Estates Subdivision, Sixth Filing, P.U.D.
Councilman Bowling announced he would withdraw from consideration
on this item as he had a conflict of interest because he is the
owner of the property at 2700 and 2706 South College Avenue.
Following is the City Manager's memorandum and recommendation on
this item:
This is a proposal to add eleven motel units to the front of the Travel Lodge
motel.
The major issue involves the extension of the frontage road: staff feels the
Frontage Road should be extended to the corner lot at College and Drake, but
the proposed building setback of 24 feet makes this extension difficult and the
plan does not provide for Frontage Read extension in front of the Travel Lodge.
Staff recommended approval subject to some minor revisions and (1) that the
building envelope not exceed existing 30-foot setback from South College right
of way, and (2) extension of the Frontage Road to the north end of the site.
The Planning and Zoning Board basically agrees with the staff. However, the
Board recommends that the Frontage load only be extended to the north edge of the
existing Travel Lodge curbcut. For this reason, the issue is being brought
to Council for their decision.
The applicant agrees to all conditions except the additional Frontage Road
dedication.
Recommendation: The Administration recommends approval of the Amendment of Lots
4, 5, and 6 of Thunderbird Estates Subdivision, Sixth Filing, P.U.D. subject to
the above provision reqardinq the building envelope and the extension of the
Frontage Road to the north end of the site.
Planner II,Paul Deibel identified the area in question and
spoke to the Planning and Zoning Board and staff recommendations
on this item.
A representative of ZVFK Architects/Planners stated the owners
and architects had serious reservations about the staff recommen-
dation; he identified the areas to be enlarged; he further
60
January 17, 1978
advised Council that a building permit could be obtained now
except for the two foot width extension.
Councilwoman Gray made a motion, seconded by St. Croix to
adopt the recommendation of the administration. Yeas: Council -
members Bloom, Gray, Russell, St. Croix and Wilkinson. Nays:
None. (Councilman Bowling out of the room.)
THE MOTION CARRIED
Ordinance Adopted on First Reading
Rezoning Property Known as the Chenoweth,
Smith, Siblerud-South College Rezoning
Following is the City Manager's memorandum and recommendation
on this item:
At the Council meeting on January 3, 1978, the City Council
considered this rezoning matter and referred the matter to
the City Attorney to provide protection against some of the
adverse effects of a rezoning. The enclosed agreement has
been prepared which is proposed to protect against these
adverse effects. The property in question is now substantially
landscaped, and the provisions of the agreement requiring
City approval before any landscaping can be removed should
provide adequate site review to protect against any redevelop-
ment which would severely impact on adjoining neighborhoods
or traffic conditions. The provisions relating to curb cuts
on College Avenue will permit the existing curb cuts for the
present single-family uses but require a combined accessway
if the present single family use on Lots 3 and 4 are discon-
tinued in order to establish a more intense use.
As indicated at the meeting on January 3, covenants with
adjoining property owners have been entered into and these
owners have withdrawn their objections to the rezoning.
Although these covenants are not enforceable by the City,
they do afford the adjoining neighbors a means of protecting
themselves from uses on these properties which are not
compatible with the adjoining neighborhood.
The evidence presented at the Planning and Zoning meeting
and the City Council indicated that this area is no longer
suitable as a single-family area and should be rezoned to
allow more intense use, provided adverse impacts on traffic
and adjoining neighborhood can be controlled.
61 1
January 17, 1978
Recommendation: Administration recommends that the City
Council approve the proposed agreement and authorize its
execution on behalf of the City by the City Manager and the
City Clerk. Administration further recommends that Ordinance
No. 5, 1978, be adopted on first reading.
City Attorney March spoke to the specifics of the agreement.
Attorney Tim Hassler, representing the petitioner, spoke to
the agreement, the covenants, and requested that Council
approve the rezoning and stated that the petitioner will agree
to the terms of the agreement.
Councilwoman Gray again expressed concern about the uses.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to approve the agreement and authorize its execution by the
City Manager and City Clerk on behalf of the City. Yeas:
Councilmembers Bloom, Bowling, St. Croix and Wilkinson. Nays:
Councilwoman Gray. (Councilman Russell out of the room.)
THE MOTION CARRIED
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 5, 1978 on first reading.
(R-H High Denisty) Yeas: Councilmembers Bloom, Bowling,
St. Croix and.Wilkinson. Nays: Councilwoman Gray.
(Councilman Russell out of the room.)
THE MOTION CARRIED
Collindale First Filing Final Plat
Tabled
Following is the City Manager's memorandum on this item:
Mr_ Bernie Cain of Bartran Homes would like to appear at the Council' meeting
'Tuesday night during "other business" and present his final plan for the
above. fie has an apparent time problem and would like to get Council's
approval.
This item is not on the agenda because at the time the agenda was prepared,
information coming from Bartran Homes was incomplete. That information was
received on Friday afternoon after the agenda was prepared. So we have just
copied some summary information attached to the memo_
Probably there is not any issue Council would need to be concerned with, so
perhaps the lack of synchronization is not particularly important this time-
1 62
January 17, 1978
Mr. Bernie Cain stated the Preliminary Plan had been approved
on November 1, 1977. He indicated that some slight changes had
been made due to engineering problems.
Planner IT Paul Deibel stated the Engineering Department had
not had a a chance to fully review the utility plans and there
are some minor details to be approved. Director of Engineering
Services Roy A. Bingman spoke to the revised street layout and
the changes recommended.
Councilmembers indicated they preferred to have development go
through channels prior to them coming to Council.
Councilman Wilkinson made a motion, seconded by Councilman
Russell to table this item to the January•24, 1978 adjourned
Council meeting. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Adjournment
Mayor Bloom declared the meeting adjourned to January 24, 1978
to be adjourned to January 31, 1978 at 1:30 p.m. The meeting
was adjourned at 10:00 p.m.
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