Loading...
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 Mayor Bloom inquired if there were items to be withdrawn from the consent agenda.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. 40 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 41 1 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. 42 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. 43 11 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. 44 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, 45 J 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 46 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: 47 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. 48 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 49 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. 50 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, 51 January 17, 1978 71 J LA 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. 52 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. 54 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. 55 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. 56 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. 63 il it