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HomeMy WebLinkAboutMINUTES-11/21/1978-Regular' November 21, 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, November 21, 1978 at 5:30 p.m. 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, Suinn and Wilkinson. Absent: None, Staff Members Present: Arnold, Deibel, Bingman, Harmon, Kra- jicek, Lee, Deagle, Mabry, Hays, Straa- yer, Ruggiero, Liley and Lewis. Minutes of the Regular Meeting of October 17 and the Adjourned Meeting of October 24, 1111 Approved ,. Councilman Bowling made a motion, seconded by Councilman Bloom to approve the minutes of the regular meeting of October 17 and the adjourned meeting of October 24, 1978. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, St, Croix, Suinn and Wilkin- son. Nays: None. THE MOTION CARRIED. 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 "nulled" off the Consent Calendar and considered separately. (The purpose of this calen- dar is to allow Council to spend its time and energy on more important items.) -91- November 21, 1978 The Consent Calendar presented was as follows: ' '4. SECOND READING OF ORDINANCE NO. 72, 1978 RELATING TO THE INDUSTRIAL ZONE. This Ordinance passed favorably on first reading at the October 17 Council meeting. It revises the existing "I-L," "I-P," and "I-G" zones and deletes the requirement for irrigating dry landscaping. Staff recommends approval. 5. SECOND READING OF ORDINANCE NO. 98, 1978 ANNEXING THE WEST PROSPECT STREET FOURTH ANNEXATION. This Ordinance was favorably passed on first reading at the October 17 Council meeting. It is a staff -initiated annexation for property located on Prospect Street, east of Overland Trail, and is the last of the property known as the Brown Farm. Staff recommends approval. 6. SECOND READING OF ORDINANCE NO. 99, 1978 ZONING THE WEST PROSPECT STREET FOURTH ANNEXATION. This Ordinance was favorably passed on first reading at the October 17 Council Meeting. It zones the West Prospect Street Fourth Annexation "T" Transitional as recommended by the Planning and Zoning Board. Staff recommends approval. ' 7. SECOND READING OF ORDINANCE NO. 102, 1978 REZONING THE LARKBOROUGH SUB- DIVISION. This Ordinance was favorably passed on first reading at the October 17 Council Meeting. It places the parcels in "R-P" and "R-L-P" zones as recommended by the Planning and Zoning Board. Staff recommends approval. 8. SECOND READING OF ORDINANCE NO. 103, 1978 RELATING TO THE ANNUAL APPRO- PRIATIONS FOR 1979 AND MAKING THE MILL LEVY FOR SAID YEAR. This Ordinance was adopted as amended by the Council on October 24. Changes were made as recommended at the public hearing on that date. Staff recommends approval. 9. SECOND READING OF ORDINANCE NO. 104, 1978 ESTABLISHING AN ASSESSMENT DEFERMENT PROGRAM FOR SINGLE FAMILY AND TWO-FAMILY DWELLINGS IN THE DOWNTOWN IMPROVEMENT DISTRICT NO. 1. This Ordinance passed favorably on first reading at the October 24 Council meeting. Under this Ordinance, the residences would not pay the Special Improvement District assessment until such time as the property is converted to a commercial use. Staff recommends approval. -92- November 21, 1978 10. CONSIDER ACCEPTING CERTIFICATION OF FRANCHISE ELECTION FOR CABLE COM- MUNICATIONS. At the general county election on November 7, there were a total of 11,027 votes cast in favor of the franchise and 5,059 cast against. Staff recommends that Council accept this certification. 11. CONSIDER VARIOUS DEEDS AND EASEMENTS. Various deeds and easements are submitted for Council's approval. Total monetary consideration is $511. Staff recommends approval. 12. RESOLUTION APPROVING AN AGREEMENT WITH THE STATE DIVISION OF HIGHWAY SAFETY - TRAFFIC MANAGEMENT GRANT. This Resolution approves an Agreement with the State Division of Highway Safety for police traffic services to be conducted by the City of Fort Collins. The State will pay $24,064 and the City will provide $7,975 for in -kind services. Staff recommends approval. 13. RESOLUTION CREATING STREET LIGHTING IMPROVEMENT DISTRICT NO. 5. This District is located on Prospect Street between Robertson Street and Lemay Avenue extending westerly to the area of Circle Drive. Total cost of this project is estimated at $10,517. Staff recommends approval of this Resolution creating the District. 14. RESOLUTION APPROVING AN AMENDMENT TO A CERTAIN LEASE AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY. This Agreement is for the LaPorte Avenue parking lot, and the amendment is necessary to make provisions for the City payment of SID assessments on the property. Staff recommends approval of this amendment. 15. CONSIDER AWARD OF BID FOR HORSETOOTH WATER LINE. Bids were open for certain installation of water and sewer line on Horsetooth Road, west of College Avenue. Staff recommends that the contract be granted to the low bidder, Franzen and Sons Plumbing, Inc., at a cost of $70,512.10. 16. RESOLUTION APPROVING AN AGREEMENT WITH COLORADO AND SOUTHERN RAILWAY COMPANY. This Resolution approves the Agreement to provide installation of water and sewer crossings at Horsetooth Road in connection with the Park South, Larkborough, and Fossil Creek developments in the South College area. Staff recommends approval. -93- November 21, 1978 17. RESOLUTION APPROVING AN AGREEMENT WITH COLORADO AND SOUTHERN RAILWAY COMPANY. This Resolution approves an Agreement for installation of a water line crossing at Troutman Parkway to be installed by the developer of Fossil Creek. Staff recommends approval. 18. CONSIDER FINAL PLANS OF GEORGETOWN PUD. This is a proposal for a twenty-four (24) unit PUD on 5.3 acres zoned "R-L-P" located on West Drake Road west of Dunbar Avenue. The final plan conforms to the previously approved preliminary plan. Staff recommends approval. 19. CONSIDER LANDSCAPE AGREEMENT WITH TARGET STORES. This is a typical Landscape Agreement required under our PUD Ordinance. In this particular case, the property owners have requested that the Mayor sign the Agreement. Therefore, it appears on the Agenda. Staff recommends approval. The following items were withdrawn from the Consent Calendar: Item 8. Second Reading of Ordinance No. 10.3, 1978 Relating , to the Annual Appropriations for 1979 and Making the Mill Levv for Said Year. Item 11. Consider Various Deeds and Easements. Item 12. Resolution Approving an Agreement with the State Division of Highway Safety - Traffic Management Grant. Item 13. Resolution Creating Street Lighting Improvement District No. 5. The ordinances presented for adoption on second reading were read by title by City Clerk Verna Lewis as follows: 4. Second Reading of Ordinance No. 72, 1978 Relating to the Industrial Zone. 5. Second Reading of Ordinance No. 98, 1978 Annexing the West Prospect Street Fourth Annexation. 6. Second Reading of Ordinance No. 99, 1978 Zoning the West Prospect Street Fourth Annexation. -94- ' November 21, 1978 ' 7. Second Reading of Ordinance No. 102, 1978 Rezoning the Larkborough Subdivision. 9. Second Reading of Ordinance No. 104, 1978 Establishing an Assessment Deferment Program for Single Family and Two -Family Dwellings in the Downtown Improvement Dis- trict No. 1. Councilman Bowling made a motion, seconded by Councilman Wil- kinson to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Counc.ilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted Relating to the Annual Appropriations for 1979 and Making the Mill Levv for Said Year Following is the City Manager's memorandum on this item: "This Ordinance was adopted as amended by the City Council on ' October 14. The following changes were made in the appropriations, following the public hearing. 1. Deletion of $165,000 in the Pension Reserve, adding this amount to Pension Contributions, for a total of $508,706. 2. Reduction of the Seven Year Capital from 1.8 million dollars to 1.5 million dollars for the indoor ice rink and indoor pool; reducing the total Seven Year Program by $300,000. 3. Reduction of the 1979 Budget from $54,236,843 to $53,936,843. We recommend adoption of this Ordinance on second reading." Councilman Bloom stated his personal opinion was that the pen- sion fund should be funded through the budget to avoid the un- funded liability, even if it means an increase in the mill levy in the future. 1 -95- November 21, 1978 Councilwoman Gray made a motion, seconded by Councilman Wilkin- son to adopt Ordinance No. 103 on second reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Various Deeds and Easements Accepted Following is the City Manager's memorandum on this item: "l. Easement Agreement with Larimer County Canal No. 2 Irrigating Company for storm sewer line crossing on the north side of Drake Road, in connection with the Woodwest outfall storm sewer. CONSIDERATION - $250 2. Easement Agreement with the Sherwood Irrigation Com- pany on the north side of Drake Road, in connection with the Woodwest outfall storm sewer. CONSIDERATION - $250 3. Easement Agreement with First National Bank and Charles ' L. Warren (trustees) for the 24-inch Horsetooth water line. CONSIDERATION - $1 4. Avigation Easement from the Greeley and Loveland Irrigation Company, et. al. for the use of airspace. CONSIDERATION - $10 We recommend approval of the deeds and easements." City Manager Arnold stated he wished to have item number four of the above list pulled from this agenda for further consider- ation. Councilman Bowling, made a motion, seconded by Councilman Bloom to accept easements one, two and three (above). Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED. -96- 1 November 21, 1978 I Resolution Approving an Agreement with the State Division of Highway Safety - Traffic Management Grant Following is the City Mana.ger's memorandum on this item: "This resolution approves an Agreement with the State Division of Highway Safety for police traffic services to be conducted by the City of Fort Collins. The State will reimburse the City in the amount of $24,064 and the City will provide $7,975 for in -kind services." Also included and made a part hereof is the memorandum from Chief Ralph Smith on this item: "In late April, 1978, the Police Department was contacted by the State Division of Highway Safety and invited to apply for funding under their State and Community Program Bureau. Funding was available for both a Traffic Management Study and tuition for one officer at the Police Traffic Administration course offered through Central Missouri State University's National Traffic Management Institute. Because of the excellent working working relation developed with the Division of Highway Safety through the Department's Alcohol Driving Countermeasures Project, their offer was investigated further. Police Department staff members visited the Arvada Police Department which at the time was involved in a traffic management study under a previously funded project. That department's experiences were favorable and influenced the Fort Collins Police Department to apply for funding. Information from CHZM Hill's Traffic Engineering Study for the City substantiated the department's need for a separate study in Police Traffic Management. The two primary objectives of the study are: I. To develop a five-year plan to reduce traffic crashes. This plan is to be in line with the department's overall committment to traffic enforcement. II. To improve the level of traffic enforcement in Ft. Collins. Within objectives I & II the following factors will be considered: A. The current level of traffic will be analyzed in detail. 100 November 21, 1978 B. Determine future (5-year) growth projections for the City, and 1 identify anticipated traffic problems. 1. Organizational structure 2. Manpower needs 3. Equipment 4. Training 5. Data Elements 6. Data Analysis C. Identify needs and make recommendations to improve the effective- ness of the police department's traffic enforcement efforts in relation to: 1. Overall goals and objectives of the Police Department, 2. Other City departments, 3. Other agencies and organizations, 4. Community involvement and participation. D. Determine present and future use of computerized informational systems in areas of: 1. Accident prevention 2. Selective enforcement ' ,.Grant applications were submitted in May of 1978, and funding has recently been awarded for this bifurcated study. The State award is for a total of $24,064,reimbursable monthly,with an additional City share of $7,975.of in -kind services. The police department is again looking forward to working with the DHS and to improving our capabilities in the specialized area of police traffic management. Respectfully, � � Y pKM�mith Chief of Police November 21, 1978 ' Assistant Police Chief David Feldman responded to Council in- quires regarding the in -kind match to be made by the City of Fort Collins. Mayor Suinn recommended that before a contract is put together, that there be a clear statement in the contract that the con- sultants not repeat the kinds of coverages of areas reported in the CH2M Hill Study. Councilwoman Gray made a motion, seconded by Councilman St. Croix to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: Council- man Bloom. THE MOTION CARRIED. Public Hearing on Creating Street Lighting Improvement District No. 5 City Attorney Liley stated she recommended Council hold the pub- lic hearing on the creation of the district, receive any objec- tions and continue the hearing to the next meeting, December 5, ' 1978, at which time an Ordinance will be presented creating the district. Mayor Suinn declared the public hearing open. Hearing no objec- tions he declared the public hearing closed. Councilman Bowling made a motion, seconded by Councilman Bloom to continue this hearing to the December 5, 1978 Council meet- ing. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Action - Fort Collins Expressway Following is the City Manager's memorandum on this item: "We need to take some position by December 1 on the proposed Expressway and present Council's position before the Highway Commission. Staff feels that of all the proposed routes, the "red -green - light blue -orange" alignment offers the best route for the following reasons: ' -99- November 21, 1978 1. It will allow for the roadway to be constructed , at ground level, thus, avoiding the need for high embankments. 2. It allows for traffic access past the Expressway via signalized intersections. 3. It offers the best alternative for the future de- velopment of our north -south arterial street system, specifically Timberline Road. This recommendation clearly recognizes the fact that the Ex- pressway is not a pure bypass and is designed to carry local traffic within the urban area of Fort Collins." Also included and made a part hereof is the memorandum from Roy A. Bingman, Director of Public Works and Bob Lee, Traffic Engineer: "The City Council has raised some significant questions at recent work sessions with respect to the Fort Collins Expressway. The Highway Department presently has the pro- ject under design with CE-Maguire. A number of public , meetings have already taken place to obtain public input for design development, and the Highway Department is planning on conducting a final public hearing on the project so that they may complete the design. Also, the Highway Commission will be conducting annual meetings with the cities and counties to hear requests for highway improvements. The Highway Commission relies to a large extent on these requests in establishing expen- diture priorities for the coming year. In order to proceed with the design and with funding requests for the Fort Collins Expressway, it appears that the City will have to take a position on one of the routes. The position of Bob Lee and myself with respect to the Expressway is summarized as follows: -100- I November 21, 10,78 The Expressway will generally serve to reduce the projactG& traffic volumes on major streets in the central business district (East Mulberry, North College, Riverside, Lemay Avenue, etc). The nearer the location of the Expressway to the downtown area, the greater the impact will be in reducing traffic congestion associated with projected volumes shown in the current state highway analysis. Also, the traffic assignments shown for the major arterials without the Expressway become high and exceed practical capacity by as much as 200 percent. This is especially significant when considering that the traffic figures were based on a population projection of approximately 165,000 for the year 2000. The benefit -cost ratios for those alternatives which are farther north, away from the developed areas, drop below 1.0. At that level the project would not be funded by either the Federal Highway Administration or the Colorado Department of Highways. There are three routes which would have projected traffic volumes which are high enough to justify the construction expenditure: 1. Red -green 2. Red -green -light blue 3. Red -green -light blue -orange The red -green route is that which parallels Lemay Avenue closely, requiring a series of closely spaced bridge struc- tures and elevation of the roadway approximately 20 to 25 feet high. We do not feel we can recommend this route because of the impact on the surrounding lands. The red - green route would also not allow an easy connection to Timberline Road. Either the red -green -blue or red -green -blue -orange allow for ground level construction of the roadway initial phase of construction, with traffic signals major intersections. This provides two advantages: minimizes the physical impact of the Expressway on ing lands by eliminating the 20 feet of embankment, also allows for traffic access past the Expressway the signalized intersections. -101- routes as the at it surround - and it via November 21, 1978 These alternatives will allow the City to develop a compre- hensive north -south arterial street system which will compliment the east -west routing of the proposed Express- way. Future alignment and width of Timberline Road can be developed through a functional street network and cap- acity study programmed as the second phase of the current four land use alternatives. RECOMMENDATION Based on the analysis by the State Division of Highways and the added flexibility of the red -green -light blue -orange proposal to address the City current and future transporta- tion needs, it is recommended that this route be adopted for the proposed Fort Collins Expressway. City Manager Arnold made preliminary remarks regarding the staff recommendation and called Council's attention to two letters received .from Mr. J. IT. Thomas, President of Country Club Estates Improvement Corp., 1413 Miramont, fort Collins. Director of. Engineering Services, Roy A. Bingman spoke to the staff recommendation for route A-C (Red -green -light blue -orange) which would provide an alternate to the Mulberry -Riverside -North College Ave. situation and relieve the traffic in those critical areas of the city. It would also allow for construction at ground level, which would serve to minimize the impact of the roadway on the surrounding land in that area. There most likely would have to be an overpass at College Ave, because of the high traf- fic volumes at that location. At Redwood Dr. and at Lemay Ave. extended those intersections could be signalized; this would also afford a connection to Timberline Rd. There would also have to be an overpass at East Vine Dr. at the C & S Railroad tracks and a connection to Highway 287. The staff also recommended that right- of-way for the expressway option be obtained as quickly as funds are available. Mayor Suinn then called for public input on this item. Mr. Wil- liam Lauer, Chairman of the Transportation committee of the Cham- ber of Commerce, read the following letter into the record: -102- November 21, 1978 I"The Board of Directors of the Fort Collins Area Chamber of Commerce, after careful consideration and evaluation by the trans- portation committee, has endorsed the following recommendation in regards to the Fort Collins Expressway and traffic in Fort Collins. The Expressway is the main issue we would like to discuss with you at this time. As stated in the Highway Department's EIS, the reason for the Expressway has been and continues to be that "a need has been shown for a four lane limited access facility to be constructed north- west of Fort Collins. This Expressway would relieve congestion which presently exists on S.H. 287 and provide more efficient access to points north and west of Fort Collins." The project runs from Ted's Place to ' I-25 and while most of the project is not within the city limits, the Council must be concerned with the total project. With this in mind, we believe that the Expressway should be built, starting at Laporte moving east in the Red -Green alignment o:4th the following changes. Once past Lemay the Expressway should curve down. . to Vine Drive, then follow Vine Drive east to I-25 with the construction of an on and off ramp to create a diamond interchange. In essence, stay with the proposed corridor and change east end to I-25 along Vine. The Chamber is of the opinion that the Red -Green alignment, with the aforementioned changes on the east end, would create the most -103- November 21, 1978 favorable benefit/cost ratio. The City's chances for increased funding from the Highway Commission are thereby greatly increased. Further- more, with the City's proposed Lemay Extension scheduled to parallel the original East Expressway Exit -Entrance the cost of building an. interchange at 14 would outweigh the benefits. This alignment would also benefit growth to the north, thus assisting in the City Council's desired growth pattern. Air pollution would not significantly increase because of the location of the Expressway. In fact, if the total number of vehicle miles does not greatly increase, the total air quality in the Fort Collins Basin would improve, the reason being less stop,` and go traffic because of the Expressway. Also, the Chamber strongly supports and recommends building two ' lanes of the Expressway now with at -grade, crossings along the align-. ment. This would get the project off dead center and would enable the buying of right-of-way sooner, thus at a lower price. In addition, the Chamber recommends the development of a Master Traffic Plan between the City and the County with the Master Plan to encompass: 1. priority -listing of highway and street projects that need to be completed or are scheduled. For instance, the Lemay Extension, in which we applaud Council's foresight; 2. an explanation of how the loop system and the Expressway will fit together in a Comprehensive Master Plan; and 3. the use of the Origin and Destination Study, plus expert opinion on air quality to help develop the Master Plan. -104- November�21, 1978 Encompassed in the Master Plan with the Expressway would be the belt system which has been suggested. But this system would be lower on the priority list at this time because: 1. it would not relieve the interior traffic of Fort Collins and 2. the eastern loop would have to be totally completed before it could be used by traffic, while the Expressway could be built in sections with traffic using each section as it is completed. However, we believe the City should immediately work with the County on determining this route for right-of-way acquisition. Since 1966, the Expressway has been discussed, planned and re - planned. In fact, it would appear that over the past 12 years, each administration has desired to re -invent the wheel. Naturally, plans change with situations. However, in this case it is our opinion that the Council request the Highway Department to begin, with all haste, the proposed Expressway. To do otherwise would endanger Laporte and its traffic problems, plus, in all probability, lose all allocated dollars. We cannot afford to wait. The.Chamber is committed to work for additional funding of the Expressway and to assist the City and County in developing a Master Traffic Plan. -105- November 21, 1978 Mr. Harold Fisher, .308 Camino Real, snoke in support of the ' Chamber recommendation. Mr. Bill Cummings of Lindenwood and Mr. Joe Turner of Lindenwood requested Council consider keep- ing the route as far south of Lindenwood as is practical. Councilwoman Gray made a motion, seconded by Councilman Rus- sell that Council support the proposed bypass/expressway. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and [Wilkinson. Nays: None. THE MOTION CARRIED. Councilwoman Gray made a motion, seconded by Councilman Bloom that Council request the Highway Commission to establish the route around LaPorte as the first priority. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Councilman Bloom then requested that a letter be sent to the Chairman of the Highway Commission requesting a meeting with the State Highway Commission and the Fort Collins City Council I to discuss this item. Councilman St. Croix made a motion, seconded by Councilman Rus- sell that the City Council support route A-C (ked-green-light blue -orange) or A-D (Red -green- light blue). This is the staff's recommendation. Yeas: Councilmen Russell and St. Croix. Nays: Councilmembers Bloom, Bowling, Gray, Suinn and Wilkinson. Mayor Suinn declared a five minute recess. Upon reconvening the meeting the Mayor declared there would be a change in the order of the agenda. He then stated Council would go to the cit- izen participation portion. Citizen Participation Presentation to Edwin J. Hilgenberg Mayor Bloom then read the resolution at length: -106- J November 21, 1978 RESOLUTION 78-88 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACKNOWLEDGING THE ACHIEVEMENTS OF EDWIN J. HILGENBERG WHEREAS, Edwin J. Hilgenberg has been awarded the Samuel A. Greeley Local Government Service Award; and WHEREAS, the purpose of this award is "to give formal recognition of an honorary character to persons who have continuously served a local public agency in an official capacity for a long term of years and who contributed to the advancement of public works as a member of the American Public Works Association." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the City Council acknowledges the contribution of Edwin J. Hilgenberg to the City of Fort Collins and is pleased to present him with this certificate of recognition. Passed and adopted at a regular meeting of the City Council held this 21st day of November, 1978. ATTEST: L� e 2,Z Ct Clerk -107- November 21, 1978 Councilman Bloom made a motion, seconded by Councilman Bowl- ' ing to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Cray, Russell, St. Croix, Suinn and Wilkinson. .Nays: None. THE MOTION CARRIED. Decision of the Zoning Board of Appeals Relating to a Sign Variance for the Northern Hotel Upheld Following is the City Manager's memorandum on this item: "Mr. William Starke is appealing the decision of the Zoning Board of Appeals on the sign ordinance. Mr. Starke is re- questing two variances: To allow a combination roof.-top/projecting wall sign to remain as is. (The sign projects 8 feet over the public right-of-way; 4 feet is allowed, and the pre- sent sign exceeds by 168 square feet, the per face signage allowed for projecting signs.) The second variance, for continuation of the existing I roof -top sign, would increase the College Avenue sign allowance from 387 square feet to approximately 614 square feet. This request was first heard by the Zoning Board of Appeals in November of 1977 and tabled to February, 1978, pending a recommendation by the Cultural Resources Board regarding the historical significance of the sign. The Cultural Resources Board could find no evidence that the sign had any historical significance and recommended the sign code be honored and the variance denied, The Zoning Board of Appeals unanimously denied the variance on February 6, 1978. Because of a question of the validity of the original figures on the measurement of the sign, the Petitioner was allowed to again apply for a variance; and the Zoning Board of Appeals again unanimously voted for denial. Background information on this item is included for your re- view." November 21, 1978 ' City Attorney Liley suggested that Council have a new hear- ing rather than an on the record proceeding; in this instance there is no transcript, therefore, Council should hear any new evidence or oral argument Mr. Starke would like to make. Mr. William Starke owner of the Northern Hotel requested Coun- cil allow the sign that has been in place for approximately 30 years to remain. Councilwoman Gray made a motion, seconded by Councilman Bloom to uphold the decision of the Zoning Board of Appeals. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Decision of the Zoning Board of Appeals Regarding a Parking Variance for Rocky Mountain Travel King Between 515 and 523 Remington Street Upheld Following is the City Manager's memorandum on this item: "This is an appeal by several people opposing the decision of the Zoning Board of Appeals granting a variance to reduce the lot width and area requirements so as to permit the continuance of an existing parking lot. This parking lot has been in existence for approximately six years and is located in the "R-H," High Density Residential zone, which permits a parking lot or parking garage as a prin- t cipal use. The hardship cited by the Petitioner for the variance was that it is difficult or impossible to acquire additional adjacent property to comply with the Code. The Zoning Board of Appeals felt that denial of the variance would pose a greater hardship on the neighborhood in general since denial would eliminate badly needed parking spaces. The background is included for your review." City Attorney Lilev made the following comments: "For the request for a variance submitted by Mr. Mucklow on behalf•of Rocky Mountain Travel King and it was to prevent a parking lot in an RH zone and that's an appropriate zone for parking lot and parking garage, the problem was that he did �5 ' -109- November 21, 1978 not have the minimum lot area or the minimum lot width for ' parking lot use. He requested the 7.BA to vary the minimum area down from 8,000 square feet to 7,000 square feet. Addi- tionally he asked them to vary the minimum lot width from 66 and 2/3 feet to 50 .feet. They heard that approximately a month ago and voted to grant the variance and the basic ra- tional seem to be, and I think you have a summary of the min- utes and the motion, that it would be a greater hardship in that area to eliminate parking, cause parking was necessary in that area. The question tonight is really whether or not the Zoning Board acted properly in determining if the variance should be granted and whether or not Mr. Mucklow has presented an adequate hardship to justify the variance, and that's really the only question that you have in front of you tonight." Mayor Suinn announced that it might be desirable to set time limits on this item. Specifically, the appelant would be allowed to go first and would be able to make a ten minute pre- sentation, The other side would then be allowed to make a ten minute presentation also. Additionally, both parties should be encourged to have only one spokesman per side to make the ten minute presentation. A rebuttal would then be allowed for both sides if necessary. Attorney Mabel Preble,representing the property owners on the ' west 500 block of Remington, gave an oral history of the lot from 1972 to present. She noted that during this time the neigh- bors had assumed the lot could be used as a parking lot and had never considered checking to see if it was a legal use until problems such as poor maintenance, safety and traffic problems and the parking of rental cars, vans and trucks on the lot be- gan occurring. The neighbors feel that the parking lot has diminished property values in the area. She stated that she felt that the fact no actual business was transacted on the lot was a circumvention of the zoning law and maintained that a storage of merchandise was occurring which is not allowed in the R-H zone. She asked that the variance be overruled be- cause the Zoning Board of Appeals had not been allowed to hear all the facts, it down grades an older established neighborhood in the City, it creates safety and traffic hazards as well as a visual eyesore, it circumvents the uses in the R-H zone, it does not relieve parking in the area as it is posted and it sets a dangerous precedent because it was installed in viola- tion of the zoning, code. She further stated that variances should only be granted when there is no substantial determent to the public good and they shouldn't be granted when there is great opposition by the ad- jacent property owners. ' -110- November 21, 1978 Mr. Carl Patton, 515 Remington, presented his quantitative measurements of the area outlining the parking available in ' the neighborhood. He noted that even with the proposed eli- mination of parking potential in the area. Based on his fig- ures, Mr. Patton stated that he felt it would be hard for any- one in the area to argue hardship in terms of parking. Sanford Kern, 804 E. Elizabeth, spoke in favor of the denial of the variance. Maury Nelson, representing Rocky Mountain Travel King, asked the Council to uphold the decision of the Zoning Board of Ap- peals. He introduced Jim and Sylvia Mucklow, owners of Rocky Mountain Travel King and pointed out that after the variance was granted, Mr. Mucklow met with the City Attorney and a zon- ing department representative and worked out a compromise al- lowing the rental cars to park there for no more than 72 hours. He stated that his clients believe that the lot can be effec- tively managed under the existing ordinances. Mr. Nelson noted that Mr. Mucklow had made inquires to the City when he purchased the lot in 1971-72 and the City authorized a curb cut and was assured he would be in compliance and so did not know he was in violation until recently. He again ask- ed that Council uphold the Zoning Board of Appeals decision. Mr. Mucklow responded to Council's questions regarding his con- tacts with -the City when he purchased the lot. He also respond- ed to questions about the upkeep of the lot and about the length of time the rental cars are parked on the lot. Mrs. Nancy Patton, 515 Remington, stated that she had talked to several of the merchants along College Ave. and they were opposed to the removal of the parking on College so the argument of us- ing the lot to help the merchants when the College Ave. parking is removed is not a valid one as the merchants are against this plan. Willard Eddy, 509 Remington, responded to several points made by Mr. Mucklow. He urged Council to reconsider the granting of the variance. On the basis of the hardship involved, Councilman Bowling made a motion, seconded by Councilman Wilkinson to uphold the decision of the Zoning Board of Appeals with the following conditions im- posed: 1. No trucks or vans are to be parked on the lot, 2. the landscape plan be properly executed, 3. a maintenance agreement be filed with the City, 4. that Mr. Mucklow keep the lines of communication ' open with the neighbors to make sure this lot is maintained in proper condition for a residential neighborhood. -111- November 21. 1978 City Attorney Liley asked Councilman Bowling to elaborate on hi's definition of the hardship involved. Councilman Bowl- ' ing replied that the hardship involved is that Mr. Mucklow has been honest in that he did contact the City and was informed that he could use the lot. There is the fact that the curb cut was authorized by the City. He purchased and used the lot in good faith and therefore .there is a hardship. Yeas: Councilmen Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. THE MOTION CARRIED. Citizen Participation Park Lane Towers Conversion Norman Wynn, 415 S. Howes, #802, appeared to ask the Council to make a study of the situation of the conversion of the Park Lane Apartment Complex from rental units to condominiums. He read a copy of a letter dated November 21, written by him and addressed to the City Council outlining the situation as it exists today. City Manager Arnold replied that such a study could be made ' and then come back to Council at a work session with a report. Mr. Wynn would be notified of the time so he and any other in- terested persons could be present. City Attorney Liley noted that her office has had questions about the City requirements there are when a conversion takes place (i.e. additional utility requirements etc.) She stated that this might be a good time to talk about a change similar to Denver's so that tenants would get adequate advance notice prior to conversion. Street Lighting in Vicinity of the Lincoln Community Center Justus Wilkinson, 429 S. Whitcomb, addressed the Council about the removal of mercury vapor lamps and replacing them with sod- ium vapor lamps. He suggested that Council look at the sodium lamps installed around the Lincoln Community Center and then the mercury lamps north on Meldrum to observe the difference. He felt the sodium lamps produced less illumination than the mercury type and asked Council to consider this before spending the money to replace the existing mercury lamps. November 21, 1978 He then stated that he was appearing on behalf of a friend, Pat ' McHugh, who would like Council to consider the renaming of a street, currently called Plaza to John F. Kennedy Parkway. This street is located between Horsetooth and Harmony near the Foot- hills Square shopping center. City Manager Arnold stated this matter should go through the regular procedure and Mr. Wilkinson would be kept informed. Mrs. Patton, 515 Remington, asked that rental cars be included in the proposed ordinance that would prohibit the use of the streets for storage of cars for sale or repair. City Attorney Liley stated that she was preparing an ordinance relative to this matter and it would be discussed at a December work session. Requests to the Highway Commission Following is the City Manager's memorandum on this item: "Maintenance work on College Avenue (Highway 287) is divided between the City and the Highway Department in the following way: The City performs minor maintenance (street patching, sweeping, etc.) and is reimbursed by the State at a set rate. The Highway Department is supposed to perform major maintenance (overlay, sealcoat, etc.), but has not in recent years because of budget limitations. We recommend that Council request that the Highway Department budget funds for major maintenance work on College Avenue." Councilman Bowling made a motion, seconded by Councilman St. Croix to request that the Highway Department budget funds for major maintenance on College Ave. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Svitak Missle-Silo Road Water Service Request. Denied Following is the City Manager's memorandum on this item: "Council is familiar with this request for out -of -city utility service to six (6) proposed building sites located west of ' Poudre Canyon off Colorado Highway 14, one mile west of Ted's Place at the intersection of Highway 14 and U.S. 287. At its November 6 meeting, the Planning and Zoning Board considered this request for a second time and heard comments from a re- presentative of the applicant. The Board then voted unani- mously to deny underground water utilities to this site. -113- November 21, 1978 On Friday, November 17, the Water and Sewer Board will also , consider this request for service. We will make the Water. and Sewer Board's recommendation available to Council at the Tuesday Council meeting. We are bringing this item back to Council for a final recom- mendation and suggest that Council consider this item again." Councilmembers St. Croix and Wilkinson expressed some concern about denying this request for out -of -city utility service. Yeas: Councilmembers Bloom, Bowling, Gray and Suinn. Nays: Councilmen St. Croix and Wilkinson. (Russell out of room) THE MOTION CARRIED. Ordinance Adopted on First Reading Annexing Property Known as Fox Meadows Annexation Following is the City Manager's memorandum on this item: "This is a proposal to annex eighty-one (81) acres on the south- east corner of East Horsetooth and Timberline Road. The re- quested zoning is "T" Transition and "R-L-P" Low Density Plan- ned Residential. ' At its October 9th meeting, the Planning and Zoning Board vot- ed unanimously to recommend approval of the annexation with the zoning as requested. This annexation, as well as other re- cently annexed southeast territories, will require, as devel- opment occurs, increased service needs in the police, fire, and public works areas. We recommend approval of this annexation." Mayor Suinn asked about procedures for acquiring r-o-w on Tim- berline Rd. Paul Diebel, Planner II, explained that r-o-w would be acquired on a case by case basis as proposals for development are made. If improvements are planned before development occurs, addition- al r-o-w to convert Timberline Rd, to a major arterial street. Councilman Bowling made a motion, seconded by Councilman Bloom to approve Ordinance No. 105, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Russell out of room) THE MOTION CARRIED. -114- November 21, 1978 Ordinance Adopted on First Reading Zoning Property Known as the Fox Meadows Annexation Following is the City Manager's memorandum on this item "The requested zoning for this property is "T" Transition and "R-L-P" Low Density Planned Residential. At its October 9 meet- ing, the Planning and Zoning Board voted unanimously to recommend approval of the annexation with the zoning as requested. Of the total eighty-one (81) acres on this site, approximately twenty (20) acres will be zoned "T" Transition with the remaining to be "R-L-P" Low Density Planned Residential." Councilman St. Croix made a motion, seconded by Councilman Wil- kinson to approve Ordinance No. 106, 1978. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Russell out of room) THE MOTION CARRIED Ordinance Adopted on First Reading Annexing Property Known as Bonner Annexation ' Following is the City Manager's memorandum on this item: "This is a proposal to annex 4.1 acres located on West Mulberry Street east of Overland Trail. The requested zoning is "R-L-M" Low Density Multi -Family District. The Planning and Zoning Board voted 6 to 1 for denial of this annexation. Specifically, the Board was concerned about the irregular shape of the site and the consequent appearance of piecemeal annexations. Obviously, there are arguments both for and against this annexation. Our recommendation in favor is primarily based on the fact that this site may provide the impetus needed for orderly development of this vicinity. We recommend approval of this annexation." Councilwoman Gray cautioned staff regarding this area and announced that she would support the Planning and Zoning Board recommenda- tion for denial. Jerry Bonner, owner of the property, explained his attempts to get together with the neighbors to form a nicer shaped block. He noted that two of the three neighbors he contacted were not in favor of annexation. He asked the Council to approve the annexation de- spite the Planning and Zoning Board recommendation. Councilwoman Gray made a motion, seconded by Councilman Suinn to deny Ordinance -115- November 21, 1978 No. 107, 1978. Yeas: Councilmembers Gray and Suinn. Nays: , Councilmen Bloom, Bowling, St. Croix and Wilkinson. (Russell out of room) THE MOTION FAILED. Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to approve Ordinance No. 107, 1978. Yeas: Councilmen Bloom, Bowling, St. Croix and Wilkinson. Nays: Councilmembers Gray and Suinn. (Russell out of room) THE MOTION CARRIED. Ordinance Adopted on First Reading Zoning Property Known as Bonner Annexation Following is the City Manager's memorandum on this item: "This Ordinance would place the property included in this annex- ation in the "R-L-M" Low Density Multi -Family District. We feel this is an appropriate zoning for this area because it would pro- vide for some diversity to the largely single family land use pattern in this general area by allowing duplex and four-plex de- ' velopments to take place. The "R-L-M" zone does not allow greater than four-plex developments. We recommend approval of this zoning." Councilwoman spoke against placing high density development on the edge of the City rather than in the middle. She asked that a lower density zoning be considered for the area. Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to approve Ordinance No-. 108, 1978. Yeas: Councilmen Bowl- ing, Russell, St. Croix and Wilkinson. Nays: Councilmembers Bloom, Gray and Suinn. THE MOTION CARRIED. Ordinance Adopted on First Reading Annexing Property Known as the Fort Collins National Bank Annexation Following is the City Manager's memorandum on this item: J November 21, 1978 "This is a proposal to annex 5.3 acres south of East Horsetooth Road and north of Larimer County Canal No. 2 immediately west of The Landings PUD. We recommend approval of this Ordinance." Councilman Bloom asked that the record show he did not partici- pate in discussion or vote on this item as he is a Director of Fort Collins National Bank. Reid Rosenthal, representing The Landings spoke in support of the proposal and requested that in consideration of the B-P zoning, that site plan review be required for any residential activity within that zone. Les Kaplan, representing the petitioners, introduced Phil Wilger Vice President of Fort Collins Bank and Roy Fanning, Mountain Banks Ltd. He noted that the objective of this annexation was to extend an existing planned business zone. The intent is a high quality office park with the Fort Collins National Bank as the major user. Councilman to approve ing, Gray, (Bloom out Russell made Ordinance No Russell, St. of room) THE MOTION CARRIED. a motion, seconded by Councilman St. Croix 109, 1978. Yeas: Councilmembers Bowl - Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Zoning Property Known as the Fort Collins National Bank Annexation Following is the City Manager's memorandum on this item: "This Ordinance will zone the 5.3 acres of the Fort Collins Na- tional Bank Annexation in the "B-P" Planned Business District. This is an acceptable zoning inasmuch as the applicant is wil- ling to exclude all retail functions from this site. The per- mitted uses would be bank and/or office and such limitation of land uses of this site would further buffer the residential area to the east. The Planning and Zoning Board is presently considering a master plan of annexations, zonings and street patterns for the entire area between Horsetooth Road and Harmony Road east of College Avenue. A copy of the master zoning plan is attached. The Plan- ning and Zoning Board will be considering this Master Plan Mon- day night. While Council should not consider the Master Plan for the entire area, Council should be aware of how this zoning fits -117- November 21, 1978 in. Even so, it should be noted that this zoning is consistent with the overall Master Plan. This Master Plan will come to Council at the next meeting. We recommend approval of this Ordinance on first reading. Be- fore this Ordinance can be approved on second reading, the Peti- tioner must furnish a contract to the City limiting the use as indicated above." Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to approve Ordinance No. 110, 1978. Yeas: Councilmembers Bowling, Gray, St. Croix and Wilkinson. Nays: Councilmen Rus- sell and Suinn. (Bloom out of room) THE MOTION CARRIED. Councilman Bowling made a motion, seconded by Councilman St. Croix to ask that the following condition be placed in the contract: if the property is used for R-M uses a site plan would have to be submitted. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Bloom out of room) THE MOTION CARRIED. Ordinance Adopted on First Reading Appropriating Funds for Expenditure During 1978 Following is the City Manager's memorandum on this item: "During 1978, the City of Fort Collins was eligible for and has received funds from the Federal Government under the Inter -Govern- mental Anti -Recession Assistance Act. Receipt of these funds is based on the unemployment rate in the area during this time, our receipt of funds for this program totalled $9,400. In order to receive these funds and comply with the Charter of the City, it is necessary to appropriate them for a specific purpose. We recommend approval of this Ordinance." Councilman Bowling made to approve Ordinance No ing, Gray, Russell, St. Bloom and Suinn. THE MOTION CARRIED. a motion, seconded by Councilman St. Croix 111, 1978. Yeas: Councilmembers Bowl - Croix and Wilkinson. Nays: Councilmen -118- 1 November 21, 1978 Ordinance Adopted as Amended on First Reading Amending the Code Relating to Park Land Fees and Increasing the Said Fee to $275 Following is the City Manager's memorandum on this item: "This Ordinance will increase the park land fee from $250 to $265 commencing January 1, 1979. This was discussed during budget deliberations with the Council and is programmed into the 1979 budget projections for the Park Land Fund. This in- crease will allow us to keep up with some inflationary costs experienced in the park land development program. We recommend approval of this Ordinance on first reading." Councilman Suinn made a motion, seconded by Councilman St. Croix to approve Ordinance No. 112, 1978. Yeas: Councilmen St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom, Bowling, Gray and Russell. THE MOTION FAILED. ' Councilman Bowling made a motion, seconded by Councilman Bloom to amend Ordinance No. 112, 1978 to delete the $265 and $250 figures and substitute $275 in their places. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilman St. Croix. THE MOTION CARRIED. Councilman Bloom made a motion, seconded by Councilman Bowling to adopt Ordinance No. 112, 1978 as amended. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilman St. Croix. THE MOTION CARRIED. Ordinance Withdrawn on First Reading Relating to Open Meetings and Allowing the Urban Renewal Authority to Hold Closed Meetings City Manager Arnold requested that Ordinance No. 113, 1978 be withdrawn and bring it back at the next Council meeting as a Resolution. Since the Urban Renewal Authority was created by Resolution it would be more appropriate to allow this action by ' Resolution. -119- November 21, 1978 Councilwoman Gray made a motion, seconded by Councilman Rus- sell to withdraw Ordinance No. 113, 1978. Yeas: Councilmem- bers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wil- kinson. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold introduced the new Assistant City Attorney, Pete Ruggiero. He sugggested that there be a work session on Thursday, November 30 to discuss Corridor and urban service problems. City Manager was instructed to schedule the meeting and to inform Councilmem- bers of the time. He briefed Council on the recent suit settlement regarding the paraphernalia suit. He stated that the judge had ordered that the amount be kept secret, but that earlier that evening the attorn- eys involved had agreed to release the information. He noted that a compromise had been reached in which the City had agreed to contribute $1,000 to each of the two remaining plaintiffs (Mellow Yellow and Puff 'n Stuff) Report from Councilmembers on Committees Councilman Russell presented a draft of the Environmental Impact Analysis. Councilman St. Croix read the announcement publicly acknowledging and thanking the Masonic Lodge for performing their ritual for the laying of the cornerstone for the Lincoln Community Center on November 18, 1978. 1 -120- 1 November 21. 1978 I Amendment to Preliminary Plan of Stonehenge P.U.D. Approved with Conditions Following is the City Manager's memorandum on this item: Final plans for Stonehenge PUD were approved in 1977-78 for one hundred sixty- seven (167) single family dwellings and an overall density of 3.9 dwelling units per acre on its forty-three (43) acre site. The current proposal is to replat four (4) single family lots facing the south side of Druid Drive into a small commercial area at the entrance of the PUD. At its October 9 meeting, the Planning and Zoning Board voted 3 to 3 on a motion to recommend approval of this proposal. Staff's concerns are as follows: 1. This proposal may be seen as taking good advantage of the PUD ordinance commercial allotment to provide a small scale commercial center for neighborhood oriented retail and office uses. 2. This proposal may also be seen as taking undue advantage of the PUD ordinance to circumvent the need for rezoning to provide a small spot for commercial uses which orient toward the arterial street rather than the adjacent ' neighborhoods; thus creating a potential for traffic noise, litter, etc. which would be intrusive to adja- cent residential neighborhoods. Staff feels that retail uses are not justified at this location. We do feel, however, that professional office uses could be a feasible and compatible use as long as the buildings are clearly residential in scale and exterior treatment. We recommend approval subject to staff conditions which deal primarily with the uses which would be allowed with this change." Reid Rosenthal stated that he had no problems with the staff con- ditions outlined in the above memorandum and described his rea- sons for amending this P.U.D. Councilman Wilkinson made a motion, seconded by Councilman Bloom to approve the amendment to preliminary plan of Stonehenge P.U.D. subject to staff conditions. Yeas: Councilmen Bloom, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bowling and Gray. I THE MOTION CARRIED. -121- November 21, 1978 Revised Preliminary and Final Plan of the Wharf ' at the Landings P.U.D. Approved with Conditions on the Preliminary Plan Followings is the City Manager's memorandum on this item: "This is a proposal for thirty-two (32) townhouse units on 3.2 acres zoned "R-P" Planned Residential located at the southwest corner of East Horsetooth Road and Landings Drive. This is a revised preliminary plan in that it reduces the number of dwel- ling units from thirty-six (36) to thirty-two (32). Staff has noted some concerns regarding the private drives, park- ing, detention and other site improvements necessary for this plan to be approved. The applicants have submitted a set of final plans and subdivision plat which are under review at this time and appear to meet the conditions of preliminary approval, subject to technical revisions. If these revisions are made prior to the November 21 Council meeting, this item could be con- sidered as both a preliminary and final plan. Subject to the acceptance of these comments, we recommend approval of these plans." Councilman Bowling made a motion, son to approve the preliminary and Landings, P.U.D. subject to staff Bloom, Bowling, Gray, Russell, St. None. THE MOTION CARRIED. seconded by Councilman Wilkin- ' final plan of the Wharf at the comments. Yeas: Councilmembers Croix, Suinn and Wilkinson. Nays: Preliminary Plan of Scotch Pines Village Shops P.U.D. Approved Conditioned on Staff Comments Following is the City Manager's memorandum on this item: "This is a preliminary plan for a neighborhood shopping center with a super market and other smaller retail office uses at the southwest corner of East Drake Road and South Lemay Avenue. The Staff feels that this is a sound proposal with the major concern being traffic flow through residential areas. This proposal -122- 1 November 21, 1978 ' would generate a significant amount of traffic. The impact of this traffic can be lessened somewhat by the following re- visions to the preliminary plan: 1. Channelize and sign the service driveway onto Lemay for right turn only. 2. Provide striping in Lemay for left turns into the main entrance on Lemay. Subject to these traffic changes and other minor landscaping, parking, and utility needs, we recommend conditional approval of this preliminary plan." Gene Mitchell, representing the applicant, appeared to describe the project. He stated that he agreed with the staff comments in the above memo. Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to approve the preliminary plan of Scotch Pines Village Shops P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED. Preliminary Plan of Prospect/Timberline P.U.D. Approved Subject to Staff Conditions Following is the City Manager's memorandum on this item: "This is a proposal for a retail home improvement store with an adjacent lumber yard. The property is presently zoned "H-B" Highway Business, which presently does not list the lumber yard use in the zone. The Planning and Zoning Board voted unanimously to recommend approval of the proposal subject to Staff comments. Regarding the proposed lumber yard use, the Board's finding was that this proposal met the conditions of "similar environmental impact" established by the "H-B" zone as a criteria for uses not specifically listed in the zone. We recommend approval of the preliminary plan subject to the im- plementation of Staff comments." Les Kaplan introduced Don Sweeney, President of Foster Lumber and Robert Sutter and John Dengler who he had worked with in pre- paring the site plan. He noted that Foster had selected this ' site because of their interest in relocation out of the downtown area and because of their interest in expanding their facility and introducing a retail operation. -123- November 21, 1978 Councilman Wilkinson expressed concerns about the traffic lay- I out at the corner and stated he would like to see engineering plans before approval of the final plan. Councilman Bowling made a motion, seconded by Councilman Wil- kinson to approve the preliminary plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Coun- cilman St. Croix. THE MOTION CARRIED. Adjournment The meeting adjourned at 12:10 a.m. ATTEST: -124- 1