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HomeMy WebLinkAboutMINUTES-03/21/1985-AdjournedMarch 21, 1985 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on � March 21 1985 at 6:30 hw� may, p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Krajicek, Shannon, L. Hopkins, Lewis, C. Smith, Frank Appeal of the Preliminary Approval of Arbor Commercial Plaza. Approved as Amended Following is the staff's memorandum on this item: "The Staff has appealed the Planning and Zoning Board's approval of the Arbor Commercial Plaza P.U.D. Preliminary Plan, #137-80B, to seek clarifi- cation of two important policy issues. This item was approved by the Planning and Zoning Board (4-3) at their January 31, 1985, meeting. The minutes of that Planning and Zoning Board meeting and all materials that were presented are attached and included as part of the record for this appeal. The following issues need to be considered by the City Council. First, the Staff and the Planning and Zoning Board differ in terms of their interpretation of the policies and criteria dealing with the, preservation of natural areas such as Mail Creek. Direction from Council is needed on the importance of the Mail Creek area specifically and on how important natural resource areas should be treated in future development proposals. A specific discussion of relevant policies is found in the staff report under Mail Creek, item 4 "Policy Guidance for Considering Existing Trees" and item 6 "Policy Guidance for Considering Wildlife Habitat.". Clarification and direction is also needed from Council on how to handle shopping centers on College Avenue. The Arbor Plaza. was initially ev4lu- ated as a community shopping center. However, after further analysis and considering the fact that the center is co-anchored by a supermarket/ grocery store, it is the opinion of staff that this center should be evaluated as a neighborhood shopping center. Including supermarkets in community shopping centers on South College Avenue will seriously affect -166- March 21, 1985 the economic viability of proposed neighborhood shopping centers in other areas. Direction is needed as to whether supermarkets should be allowed in community shopping centers on South College Avenue and/or whether a super- market as an anchor classifies any center as a neighborhood shopping center. A specific discussion of policies relating to supermarkets and neighborhood shopping centers on South College Avenue is found in the staff report under Land Use, item 2 "Long Range Implications of Grocery Stores in the South College Corridor". The attached staff report presents a detailed discussion of the background on these issues to help the City Council give Staff and the Planning and Zoning Board the direction needed. The natural resources issue is presented in terms of the treatment of Mail Creek. The second issue relating to the shopping center is dealt with as a land use issue. Other materials attached include new material in the form of a recent letter from the Colorado Division of Wildlife and a habitat evaluation and economic analysis of the site. Based on Council decision, the action of the Planning and Zoning Board on the Arbor Commercial Plaza needs to be upheld, reversed, or referred back for further consideration. Staff is recommending that Council reverse the decision of the Planning and Zoning Board that granted preliminary approval to the Arbor Commercial Plaza PUD." City Manager Arnold reviewed the comments and the presentation made at the worksession held earlier. City Planner Joe Frank gave a general description of the proposal. He presented slides showing the site and the existing vegetation. He noted the major topographical feature was Mail Creek noting it took up approxi- mately 2.3 acres. Community Development Director Curt Smith discussed the rationale :for appealing the Planning and Zoning decision to approve the project. He noted staff had appealed the Planning and Zoning decision since they felt the project does not deal with the two policy issues dealing with the preservation of natural areas and the development of neighborhood shopping centers within residential neighborhoods. David Wood, attorney representing the developer Kroh Brothers Development Company, addressed his comments to the treatment of Mail Creek as a scenic area and wildlife habitat and to the question of the project being classi- fied as a neighborhood center as opposed to a community center. Jim Gefroh, architectural designer, Gefroh Associates, commented relative to the treatment of Mail Creek. He spoke of the existing grade and fea- tures of Mail Creek, noting he felt they presented a life and safety hazard as they now exist. -167- March 21, 1985 Gene Eyerly, Landscape Associates, spoke to the physical condition of the trees on the site, noting he had classified them as an unmanaged wooded area. He felt they had reached their life span and that 90% would be removed in 3-5 years under a controlled situation. Tim Buchanan agreed the trees were in a state of decline but that some would survive for 15-20 years. He felt 50% of the 115 trees on the site would die within the 3-5 year period and the remaining 50% would survive for 15-20 years. He noted dead trees have value in a natural environment. Carl LaSalla, representing Kroh Brothers, noted it was their intent to build the entire center at one time. He added they did not yet have uses for all the pads. He noted they had stopped their negotiations pending the outcome of the appeal. He noted 2.5 acres at its raw land cost was $425,000 and that his company was paying $15,000/month as option money and had approximately $100,000 invested in the site. Councilmember Estrada asked if there was a possibility of compromise to allow development to proceed with a redesign within a reasonable period of time. Mr. LaSalla replied that he had suggested 30 days and staff had deemed that not to be a reasonable period of time. Curt Smith stated a redesign could be completed within a period of 45 days but the review and approval process could add another period of time. Councilmember Stoner made a motion, seconded by Councilmember Estrada, to approve the Arbor Commercial Plaza PUD, Preliminary Plan with conditions placed by the Planning and Zoning Board. Paul Heffron, general partner and owner rep., commented on the wildlife on the site, noting they consisted of rodents. He noted no fish exist in Mail Creek and that only small birds had been sighted. Councilmember Horak made a motion, seconded by Councilmember Clarke, to amend the motion by adding an additional condition to have the developer provide the City with either 2.5 acres of acceptable open space along the river area or a $25,000 contribution. City Attorney Huisjen noted the City had never required an off -site con- tribution of this type_ and perhaps it could be appropriate to require a substitute habitat in another place. Councilmember Horak noted his amendment was an attempt to recognize the value differential of the habitat vs. the commercial development on the site. -168- March 21, 1985 Councilmember Clarke felt the property was attractive and appealing and expressed concern that the site would be ruined. He noted he would be willing to trade the land for another piece of property without as much development potential. Councilmember Ohlson disagreed with Councilmember Horak, noting his amend- ment would not deal with the policy question of integrating existing environmental factors and making them compatible with development. Councilmember Knezovich felt it was wrong for Council to "put the gun" to the developer. He stated the project would generate more than $200,000 in use tax associated with building and urged defeat of the amendment. Mayor Rutstein expressed concern about negotiating in the City Council arena. She felt the amendment and the motion to approve the project should be defeated so that the negotiating could take place at a staff and Planning and Zoning Board level. The vote on Councilmember Horak's amendment was as follows: Yeas: Coun- cilmembers Estrada, Clarke, and Horak. Nays: Councilmembers Knezovich, Ohlson, Rutstein, and Stoner. THE MOTION FAILED. Councilmember Ohlson noted he would vote against the main motion so the process could begin again. Councilmember Estrada felt Council would be remiss in voting negatively on the project and stated he felt the project would bring additional jobs to the community and would enhance this particular area of South College. Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to amend the motion to include a provision that the creek bed be left open by the developer and that efforts be taken to preserve the trees in the creek bed. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, and Ohlson Nays: Councilmembers Rutstein and Stoner. THE MOTION CARRIED. City Manager Arnold spoke on the development of the City's growth manage- ment package over the past years. He noted the policy of not allowing grocery stores on College Avenue was an air quality issue. He suggested Council was giving Planning and Zoning the message that this policy was not operative and asked Council to take a look at this action. -169- March 21, 1985 Councilmember Clarke made a motion, seconded by Councilmember Ohlson, tc amend the motion to provide that a grocery store not be allowed to be a part of the project. Yeas: Councilmembers Clarke, Ohlson, and Rutstein. Nays: Councilmembers Estrada, Horak, Knezovich, and Stoner. THE MOTION FAILED. The vote on Councilmember Stoner's motion to approve the Arbor Commercial Plaza PUD, Preliminary Plan with the conditions placed by Planning and Zoning, as amended by Councilmember Ohlson, to provide that the creek bed be left open and that efforts be taken to preserve the trees in the creek bed was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezo- vich, Ohlson, and Stoner. Nays: Mayor Rutstein. THE MOTION CARRIED. Ordinance Appropriating Prior Year Undesignated Reserves in the Parkland Fund for Golden Meadows Park and Safety Surfacing and Landscaping at the Rolland Moore Handicap Playground, Adopted as Amended on First Reading ' Following is the staff's memorandum on this item: "Council approval is needed to appropriate money from prior year undesig- nated reserves in the Parkland Fund. Golden Meadows is an eleven (11) acre neighborhood park located in the Golden Meadows subdivision of southeast Fort Collins. The residential neighborhood is fairly well developed and the Parks and Recreation Depart- ment has scheduled park construction for this year. The 1985 budget appropriation for the park is $225,000. In addition, another $15,000 in design money will be used for construction as design was done in-house. With the. completion of the final design, the estimate for construction is now $300,000. This includes 10% for contingency. The planned facilities include: tennis courts, playground, paved trail with fitness stations, picnic shelter and picnic facilities. The increased budget is due mainly to increases in costs for park development. Additionally, plans call for seeding with wildflowers around the three acre pond that is located in the park. While this is a higher front end cost than grass seeding, in the long run it will save money on maintenance and watering. The second request is for additional funds to be appropriated to the handicapped playground in Rolland Moore Park. In July of 1984, Council appropriated $10,000 as matching funds for the Junior Women's Club handi- capped playground project. The initial budget was based on a preliminary 1 -170- March 21, 1985 design. As the project proceeded, much input was received from therapists, playground specialists and handicapped people. In order to accommodate the very special needs of the handicapped and to really make the project worth- while, the original plans were broadened in scope. The major structure will have many different types of specialized apparatus for the handicapped that can be enjoyed by non -handicapped children as well. In order to provide the types of activities that can really benefit the handicapped, an additional $5,000 is needed for the structure. To make the playground safe, yet accessible to wheelchairs and crutches, a safety surface must be installed around the play structure. The cost for this feature will be approximately $15,000." The Junior Women's Club has continued to raise funds and also has commit- ments for donations of time, labor, and materials for certain portions of the work. It may be that the entire additional amount won't be needed; however, we want to have enough money on hand to finish the project this year rather than have it continue on a piecemeal basis. The attached Ordinance appropriates prior year undesignated reserves in the Parkland Fund as follows: 1, an additional $60,000 for the construction of Golden Meadows Park; and 2, an additional $20,000 for the construction of a handicapped I playground at Rolland Moore Park. There are sufficient reserves in the Parkland Fund to cover these appropri- ations." Councilmember Estrada made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 34, 1985 on First Reading. Councilmember Knezovich questioned the use of parkland funds for the handicapped playground at Rolland Moore Park, a community park. He sug- gested another source for the funding. City Manager. Arnold noted the funds could come from the remaining amounts in the Rolland Moore Park Fund which amount to approximately $60,000. Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to amend the ordinance to provide that the $20,000 for the handicapped play- ground be designated to come from the Rolland Moore Park project of the Capital Projects Fund. Yeas:Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -171- 1 March 21, 1985 The vote on Councilmember Estrada's motion to adopt Ordinance No. 34, 1985 as amended on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Regarding Operating Restrictions Imposed Upon Horsetooth Reservoir, Adopted Following is the staff's memorandum on this item: "In November 1984, Mayor Horak received a letter from the Northern Colorado Conservancy District requesting the City's support to reverse a decision made by the United States Bureau of Reclamation imposing storage restric- tions on Horsetooth Reservoir (see attached correspondence). The Water Board has reviewed the available information regarding this issue and subsequently adopted the attached resolution recommending that efforts be made to remove the imposed restrictions and recover the 'lost storage capacity'." ' Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-35. Councilmember Ohlson noted he had included a provision that the federal government address the problems identified by utilizing funds from any federal source including those monies appropriated by the Energy and Water Appropriation Bill, U.S.P.L. 98360. The vote on Councilmember Ohlson's motion to adopt Resolution 85-35 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Appointing Councilmembers to Various Committee Assignments, Adopted as Amended Following is the staff's memorandum on this item: "This Resolution appoints Councilmembers to various committee assignments and to represent the City in various organizations. A list of current assignments has been previously provided to Council. 1 -172- March 21, 1985 Mayor Rutstein has elected to serve on the Board of Directors of PRPA and no confirming action is necessary. The Airport Authority is not included in this Resolution because Ed Stoner's term on the Authority runs until July, 1985. Council needs to select the Counci]members to be appointed to each of the assignments and adopt the Resolution." Mayor Rutstein noted Council was not ready to make the liaison appointments at this time and that that portion of the Resolution would be deleted. Councilmember Horak made a motion, seconded by Councilmember Estrada, to adopt Resolution 85-45 making committee assignments as follows: COUNCIL OF GOVERNMENTS Gerry Horak Kelly Ohlson DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS Larry Estrada Barbara Rutstein, Alternate ETHICS BOARD Ed Stoner ' Gerry Horak Kelly Ohlson FINANCE COMMITTEE Ed Stoner John Knezovich Larry Estrada JOINT UTILITY DISTRICT ADVISORY COMMITTEE Gerry Horak John Knezovich METROPOLITAN PLANNING ORGANIZATION POLICY BOARD Kelly Ohlson POUDRE FIRE AUTHORITY John Clarke Kelly Ohlson -173- March 21, 1985 Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the recent sludge farm odors and the Columbine CableVision rate increases. He called attention to two documents prepared by the Natural Resources Department relating to recycling and to the Transition Plan for Handicapped Accessibility, dealing with Section 504 of the Handicapped regulations. Adjournment Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to adjourn the meeting. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:10 p.m. ATTEST: City Clerk -174-