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HomeMy WebLinkAboutMINUTES-01/02/1979-RegularI January 2, 1979 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 2, 1979 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, Powers, Bingman, Lanspery, Straayer, Wood, Dallow, Polifka, Harmon, Lee, Deagle, Mabry, Ruggiero, Krempel, Liley and Lewis. Consent Calendar Items ' These are items of a routine or non -controversial which a unanimous vote of approval is expected. nature, on Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. (The purpose of this cal- endar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 3. CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1978. 4. SECOND READING OF ORDINANCE NO. 120, 1978, AMENDING THE CODE RELATING TO THE FIREMEN'S PENSION FUND. This Ordinance passed unanimously on first reading at the December 19 Council meeting. It increases the contribution of both City and its firefighters to the Firemen's Pension Fund from 6% to 7% annually. Staff recommends adoption. -175- January 2, 1979 5. SECOND READING OF ORDINANCE NO. 121, 1978, AMENDING THE CODE RELATING TO THE.POLICEMEN'S PENSION FUND. This Ordinance passed unanimously on first reading at the December 19 Council meetinq. It increases the contribution of both the City and its police officers to the Policemen's Pension Fund from 6% to 7% annually. Staff recommends adoption. 6. SECOND READING OF ORDINANCE NO. 123, 1978, AMENDING THE ORDINANCE RELATING TO AN ASSESSMENT DEFERMENT PROGRAM FOR SINGLE-FAMILY AND TWO-FAMILY DWELLINGS LOCATED WITHIN.THE DOWNTOWN IMPROVEMENT DISTRICT NO. 1. This Ordinance passed favorably on first reading at the December 19 Council meeting. This changes the pay -back system on deferred assess- ments by permitting property owners to begin pay -back at time of conversion from single, or two-family use rather than paying back in total prior to conversion. Staff recommends approval. 7. SECOND READING OF ORDINANCE NO. 124, 1978, AMENDING THE CODE RELATING TO THE PLACEMENT OF FENCES. This Ordinance passed favorably on first reading at the December 19 ' Council meeting. Due to a number of citizen requests, Staff has amended the Ordinance relating to the placement of fences allowing people living on corner lots to have fences under certain conditional requirements. Staff recommends approval. 8. CONSIDER AN EASEMENT. The following easement is brought to Council for acceptance: Standard utility easement from Public Service Company for the installation and maintenance of a gas line across Brown Farm, 4th Filing. Consideration: $1.00 Staff recommends approval. 9. CONSIDER INCREASING FEE FOR PROCESSING APPEALS BEFORE THE ZONING BOARD OF APPEALS. For a number of years, the City has charged $10 per application for variances before the Zoning Board of Appeals. Staff is recommending this fee be increased to $25 to help defray the cost of legal adver- tising and mailing. Staff recommends approval. -176- 1 January 2, 1979 10. RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF FORT COLLINS AND THE HUMANE SOCIETY FOR LARIMER COUNTY. The City's cost for 1978 services with the Humane Society is $25,000. An increase for 1979 services is proposed at $26,750. This money has been budgeted. Staff recommends approval. 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. 120, 1978, Amending the Code Relating to the Firemen's Pension Fund. 5. Second Reading of Ordinance No. 121, 1978, Amending the Code Relating to the Policemen's Pension Fund. 6. Second Reading of Ordinance No. 123, 1978, Amending the Ordinance Relating to an Assessment Deferment Program for Single -Family and Two -Family Dwellings Located within the Downtown Improvement District No. 1. 7. Second Reading of Ordinance No. 124, 1978, Amending the Code Relating to the Placement of Fences. Councilman St. Croix made a motion, seconded by Councilman Rus- sell, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Assessing Cost of Improvements in Street Improvement District No. 71 Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the Decem- ber 19 Council Meeting. The District is located along South Taft Hill Road from LaPorte Avenue to Prospect Street and on Springfield Drive from Taft Hill westerly 270 feet. Construction cost for the project to- taled $332,611.51. Total City cost for the project is $174,830.40. This Ordinance assesses the cost for this district. I Staff recommends adoption." -177- January 2, 1978 Councilman Wilkinson made a motion, seconded by Councilman ' Russell, to adopt Ordinance No. 118, 1978 on second reading. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. THE MOTION CARRIED. Ordinance Adopted on Second Reading Amending the Code Relating to the Purchasing Division Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the De- cember 19, 1978 Council meeting. Staff is requesting a change to this Section of the Code: Present departments can approve open market purchases up to $50 without going through Purchasing. The Finance De- partment wants to increase this to $200 giving departments more responsibility. Finance estimates a savings of 60'/ of clerical work on purchases under $200. ' We will be bringing other purchasing changes to Council for Charter amendment consideration in the coming months. Staff recommends adoption." Councilman Bloom made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 122, 1978 on second reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Annexing Property Known as the Ken -Mark Annexation Following is the City Manager's memorandum on this item: "This Ordinance passed by a vote of 4-3 at the December 19, 1978, Council meeting. This is a proposal to annex 60.46 acres located at the north- west corner of the intersection of Horsetooth and Taft Hill I Road. The requested zoning is "R-L-P," Low Density Planned Residential. -178- January 2, 1979 I Council should decide whether to adopt this Ordinance on second reading." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 126, 1978 on second read- ing. Yeas: Councilmembers Bowling, Russell, St. Croix and Wilkinson. Nays: Councilmembers Bloom, Gray and Suinn. THE MOTION CARRIED. Ordinance Adopted on Second Reading Zoning Property Known as the Ken -Mark Annexation Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the Decem- ber 19 Council meeting. This Ordinance zones the 60.46 acres located at the northwest corner of the intersection of Horsetooth and Taft Hill Road as "R-L-P," Low Density Planned Residential. ' Council should decide whether to adopt this Ordinance on second reading." Councilman Bowling made a motion, seconded by Councilman Wil- kinson, to adopt Ordinance No. 127, 1978 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on Second Reading Annexing Property Known as the Harmony Road-Lavaux Annexation Following is the City Manager's memorandum on this item: "This Ordinance passed .favorably on first reading at the De- cember 19 Council meeting. This is a proposal to annex .86 acres located approximately one-half (1/2) mile east of College Avenue on Harmony Road and bordered on the north and east by the Landings. The requested zoning is "R-H," High Density Residential. ' Staff recommends adoption." -179- January 2, 1979 Councilman Wilkinson made a motion, seconded by Councilman ' St. Croix, to adopt.Ordinance No. 128, 1978 on second read- ing. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE 140TION CARRIED. Agreement Stipulating Restrictions for uses in "R-H" Zoning for the Harmony Road-Lavaux Annexation Following is the City Manager's memorandum on this item: "On December 19, Council approved the zoning of this annexation as "R-H" with the following conditions: 1. That only non -retail uses be allowed; 2. That access be limited to one curb cut only; 3. That site plan review be made by Staff and Council; and 4. That there be architectural review of any and all de- ' velopment. The attached Agreement accomplishes the above conditions. Staff recommends approval." Councilwoman Gray requested a report from the legal staff re- garding recent Court of Appeals action on conditional rezonings/ original zonings. The City Attorney's will respond to this request. Councilman Bowling made a motion, seconded by Councilman Wilkin- son, to approve the agreement. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Coun- cilwoman Gray. THE MOTION CARRIED. January 2, 1979 I Ordinance Adopted on Second Reading Zoning Property Known as the Harmony Road-Lavaux Annexation Following is the City Manager's memorandum on this item: "This Ordinance passed favorably on first reading at the De- cember 19, Council meeting. This is a proposal to zone .86 acres located approximately one- half (1/2) mile east of College Avenue on Harmony Road and bor- dered on the north and east by the Landings. The requested zon- ing is "R-H," High Density Residential. Staff recommends adoption if Council approves the contract in the preceding item conditioning "R-H" uses." Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 129, 1978 on second reading. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wil- kinson. Nays: Councilwoman Gray. THE MOTION CARRIED. I Final Plat of Prospect -Timberline P.U.D. Approved Following is the City Manager's memorandum on this item: "This proposal is for a commercial P.U.D. zoned "H-B" at the northeast corner of East Prospect Street and Timberline Road for the new site of Foster Lumber Co. Council voted 6-1 for approval of the preliminary plan on No- vember 21, 1978, contingent to designing a traffic layout at the corner of Prospect and Timberline at the time final plans are to be considered. This design is complete and staff will discuss it with Council at the meeting. Also, the final plat has been revised to show the flood plan area of Spring Creek as requested by Council. Staff recommends approval." Planner II, Paul Deibel, identified the area via slides. Councilman Wilkinson expressed concern that the Engineering Division had not demonstrated, to his satisfaction, what will ' happen to Spring Creek, when the curvature in the road is taken out. Other Council members expressed concern for "who pays" if there is need to acquire right-of-way, to straighten aw:2I11 January 2, 1979 out Spring Creek. It was stated that the City pays for ' oversizing costs. Councilman Wilkinson requested that the staff prepare an overlay of the alignment of Timberline/Prospect, showing the ditch and Spring Creek and the bridge across Prospect -widened. Councilman Bowling made a motion, seconded by Councilman Bloom, to approve the Final Plat of Prospect/Timberline P.U.D. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix and Suinn. Nays: Councilmen Russell and Wilkinson. THE MOTION CARRIED. Ordinance Adopted on First and Final Reading Relating to Changes in Precincts and Polline Places Following is the City Manager's memorandum on this item: "This Ordinance adopts new polling places for the April 3, 1979, General Municipal Election. State Law requires that these pre- cinct changes must be completed ninety (90) days prior to the election; therefore, they are brought before Council as an Emer- gency Ordinance. Basically, this Ordinance does the following 1. Brings City polling places in conformance with County polling places; 2. Adds annexed land to adjacent precincts; and 3. Changes locations and addresses on some of the polling places. Staff recommends adoption." Councilman Russell made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 1, 1979, on first and final reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Adopting Official Precinct Map ' Following is the City Manager's memorandum on this item: -182- January 2, 1979 ' This Ordinance adopts a new precinct map incorporating the changes under the preceding Ordinance. This new map must be adopted as an Emergency Ordinance because of the statutory re- quirement that precinct changes must be done at least ninety (90) days prior to the election. Staff recommends adoption." Councilman Russell made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 2, 1979, on first reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Denied on First Reading Rezoning Property Known as the Heckart- LaPorte Avenue Rezoning Following is the City Manager's memorandum on this item: "This is a proposal to rezone 1.5 acres located on the south side of LaPorte Avenue between Briarwood and Taft Hill Roads from "R-L," Low Density Residential District to "R-M," Medium Density Residential District. The Planning staff and the Planning and Zoning Board have both recommended denial of this request. Reasons for this denial are as follows: 1. There are concerns about the surrounding area and the relationship with the subject parcel; 2. It is felt that the area is prime for redevelopment. Ideally, the redevelopment of this area should take place at one time. Barring this, at least redevelop- ment should take place in larger parcels of land than the 1.5 acre parcel requested by the applicant; 3. There is a concern that the requested zoning of "R-M" is inappropriate for this particular parcel and the rest of the area. A zoning district which is of a lesser density would be more appropriate; 4. The Fire Department is concerned about limiting poten- tial access to the middle of this block; and ' S. The Traffic Engineering Department is concerned about any additional traffic generators emptying out onto -183- January 2, 1979 LaPorte Avenue at this point because of the heavy congestion during commute times. The Petitioner's reasons for requesting rezoning are: ' 1. Requested rezoning is consistent with other zoned properties in the area, specifically the Ramblewood project; 2. Property has not been able to be marketed as a single- family lot in the past. Staff recommends denial." Mr. William a Brooks, 230 Pennsylvania, presented a petition with approximately 38 signatures, bearing the following title: P E T I T I O N " We the undersigned, being property owners in the immediate area, strongly object to the proposal to rezone 1.5 acres located on the south side of Laporte Avenue between Briarwood and Taft Hill Roads from R-L Low Density Residential District to R-M Medium Density Residential District. We believe this would eventually create an additional traf- fic burden in an already overly congested traffic situation, and ' hereby petition the Planning and Zoning Board to deny this pro- posal." Councilmembers Gray and Bowling stated they concurred with the staff recommendation. Councilman Bloom made a motion, seconded by Councilman Bowling, to deny Ordinance No. 3, 1979, on first reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted as Amended on First Reading Rezoning Property Known as the Baetz-West Mulberry Rezoning Following is the City Manager's memorandum on this item: January 2, 1979 'This is a proposal to rezone 8.75 acres located on Ponderosa Drive at West Mulberry from "R-L," Low Density Residential District, to "R-L-P," Low Density Planned Residential District. The Planning and Zoning Board previously denied an application for rezoning on this parcel to "R-P," Planned Residential, on June 12. The Petitioner withdrew the request prior to its coming before the City Council. The Planning staff recommended approval to the Planning and Zoning Board subject to the following conditions: 1. The area be developed under a P.U.D. concept and a site plan that would allow better protection of adjacent interests. 2. The contiguous area between the subject parcel and the mobile home park be included in the rezoning application that would provide the larger tract as a P.U.D. to be more viable and avoid harming the adjacent area. 3. No commercial allotment be allowed for this development if developed under a P.U.D. concept. At its December 12 meeting, the Planning and Zoning Board voted again to recommend denial of this "R-L-P" request to the City Council. The Planning ' and Zoning Board base its recommendation on the following reasons: 1. A larger area should be included in this request. 2. There may be possible negative impact on the houses on Ponderosa Drive under the "R-L-P" zoning district. 3. There is a df,finit.e distinction between the. two zones, "R-L" and "R-L-P." Petitioner's major justification for the zoning change from "R-L" to "R-L-P" is that Petitioner is not seeking to increase the residential density for the parcel but rather to obtain the greater building design and construction flexibilities available through the "R-L-P" zoning District. The fact that the existing zoning allows construction of townhouse type build- ings weighs heavily on the staff recommendation. We would like to improve that development, not necessarily avoid it. Staff recommends continuance so that we can discuss with properties affected on an overall approach." =185- January 2, 1979 Attorney John Kochenberger, representing Mr. Baetz, stated the ' applicant had attempted to get the neighbors to join in the re- zoning request, but had been unsuccessful. He then requested Council not to continue this hearing. Council concurred with Attorney Kochenberger's request to pro- ceed with the hearing. Mr. Lester Kaplan, 528 S. Howes Street, then presented the Planning consideration, and the justifica- tion for this rezoning request. Mr. George Baetz spoke in sup- port of this rezoning request. Councilwoman Gray stated she did not feel this area should be zoned R-L-P, but agreed with other Councilmembers who did not want to hold up the petitioner, pending City initiated rezoning of the entire tract. Councilman Bloom made a motion, seconded by Councilman St. Croix, to amend Ordinance No. 4 1979, by adding the following in the fifth line, after the word "District" and before the word "for": "to 'R-L-P,' Low Density Planned Residential District". Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn. and Wilkinson. Nays: None. THE MOTION CARRIED. Mayor Suinn requested the staff to state the differences in the I two zones, i.e. R-L and R-L-P. Planner II, Paul Diebel, stated the regulations in the R-L zone are oriented towards, and most easily adopted towards straight single family development. Expenses for zero lot lines in the R-L zone make this a disincentive towards Town House Development in the R-L zone. Councilwoman Gray stated further that R-L zone is usually owner occupied and R-L-P is usually rentals and condominiums. Councilman Bloom made a motion, seconded by Councilman St. Croix, to adopt Ordinance No. 4, 1979 as amended and ask the City Mana- ger to pursue rezoning of the additional property. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. January 2, 1979 Executive Session Authorized Councilman Bowling made a motion, seconded by Councilman St. Croix, to adjourn into Executive Session for the purpose of discussing personnel matters. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Citizen Participation There was no citizen participation for items not on the agenda. City Manager's Report City Manager Arnold stated that in the interest of time he requested his report be moved to the end of the agenda. Report From City Council Members on Committees Councilman Russell reminded Council that Platte River Power ' Authority would be meeting with the Council on January 9, 1979. Ordinance Adopted on First and Final Reading Adopting the 1979 Compensation Plan Following is the City Manager's memorandum on this item: " As Council knows, we started the development of a new City classification and pay plan over eight (8) months ago. The purpose was to identify what each employee is doing and is, therefore, responsible for, and then set a wage for the position. The process has been time consuming.and difficult at times. What we have in effect done is a "design built" pay plan that will still be subject to modifications and improvements. The new plan is built on the premises of employee performance and a competi- tive wage. We hope we have designed a system that rewards good work rather than years on a job. The pay plan will, however, still be only as good as our supervisors and department heads use it. -187- January 2, 1979 The concern of many employees is the idea of a competitive salary. We believe based internal ' that a competitive salary is determined upon alignment, pre- vailing wage, and judgment. We further know that we can not get our employees to a full competitive wage in 1979. Not having the pay plan completed before the adoption of the 1979 Budget as well as President Carter's wage and price guidelines limits what we can do. To bring all salaries up to the competitive target would cost $819,000 or about 14% of budgeted salaries. We have budgeted $425,000 for 1979 which is equivalent to 7% of payroll. In deciding how to "spread" the $425,000 to move us towards the competitive level, it was felt that the best way would be to move all employees half -way to target salaries. We think it is important that Council adopt a philosophy of getting to a competitive pay as soon as possible and consider further pay adjustments in 1979 through utilization of excess fund balances from the 1978 Budget. The attached Resolution attempts to accomplish that. This is consistent with Council's commitment made to staff presentations durinq informal sessions. There are two pay plans attached - the "target" or competitive wage plan which we can not get to until January, 1980, and the "interim" plan which gets us to 1980. The latter reflects merit and moving each individual half -way to target. Each plan is organized into four occupational categories. This is a result of the classification process and makes job comparisons more relevant. Staff recommends approval of the Resolution adopting the 1979 compensation plan. ' City Manager Arnold gave the background on the Compensation Plan, followed by a statement by Councilmembers which indicated their support of the new Pay Plan concept for all City Employees. Attorney Marshall Fogel, representing the Fraternal Order of Police, spoke in opposition to the adoption of the resolution adopting the Pay Plan and requested additional time for the Fraternal Order of Police to meet with the Administration and City Council to air complaints. The following persons spoke in support of the Fraternal Order of Police's position: 1. Fred Hogge, City Health and Safety Officer 2. Jim Warren, President of the Fraternal Order of Police 3. Police Officer, Ray Martinez 4. Police Officer, Frank Russell S. Police Officer, David Mickelson 6. Police Officer, Don Showalter 7. Police Officer, Howard (Bud) Reed 8. Police Officer, Jim Miller 9. Police Officer, Jim Munn 10. Police Officer, Jeff McConkey ' -138- January 2, 1979 ' 11. Police Officer, Tom McClellan 12. Police Officer, Brad Hurst 13. Police Officer, Chuck Cross 14. Mrs. Dean McWilliams, (Police Officer's Wife) City Attorney Liley clarified, for the record, that Council would be taking two actions; one adoption of the Pay Plan by Ordinance and adoption of a resolution, setting out the goal of the City Council to see that the Target Plan will be im- plemented by January 1, 1980. City Clerk, Verna Lewis, read the Ordinance at length. Councilwoman Gray made a motion, seconded by Councilman Bowl- ing to adopt Ordinance No. 6, 1979. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Resolution Adopted, Adopting the 1979 City Compensation Plan Councilman Bowling made a motion, seconded by Councilman Rus- sell, to adopt the Resolution adopting the 1979 City Compen- sation Plan. Yeas: Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Bloom abstaining) Ordinance Adopted on First Reading Relating to the Salaries of City Manager, City Attorney and Municipal Judge Following is the City Manager's memorandum on this item: "Each year, Council must enact an Ordinance setting the salaries of the City Manager, City Attorney, and Municipal Judge. An Ordinance is attached which allows Council to fill in the blanks. Present salaries are: City Manager . . . . . . . . . . . . .$ 38,000 City Attorney . . . . . . . . . . . .$ 25,000 Municipal Judge . . . . . . . . . . .$ 28,000 Any change in salary anticipated should be consistent with what has been done in the entire pay plan. That is, while merit ' enters strongly, department heads have crease. been limited to a 7% in- -189- January 2, 1979 We are moving solidly toward fully competitive salaries, but ' we can not get there yet. The new pay plan is effective Jan- uary 8, 1979. Attached is an Ordinance that sets these salaries and makes them retroactive to January 8, 1979." Councilwoman Gray stated the consensus of the Council was for a 7% increase of these three positions. Councilwoman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 5, 1979 on first reading. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Revised Preliminary Plan of Fairview Shopping Center P.U.D. Approved Following is the City Manager's memorandum on this item: "On August 2, 1977, Council approved a Preliminary Plan for Fairview Shopping Center, P.U.D. located at West Elizabeth Street and City Park Avenue contain- ing.4.17 acres of commercial development. The applicant is now requesting a ' major change to this Preliminary Plan. The applicant indicates a re -design is necessary because of market conditions which make it uneconomical to complete the development as originally proposed. The major change involves the addition of a fast-food restaurant with a drive - up window. That change causes a redesign of the P.U.D., a "squeezing" of everything on it. The effect may be a major change. On the llth of December, the Planning and Zoning Board held a public hearing on the issue; and no opposition was present. The Board voted to approve this revised plan subject to several conditions being addressed on the final plan. These are listed on page 1(a) of the Planning memo. The applicant has agreed to these changes. The Planning Staff, however, recommended denial. They are generally disap- pointed in this plan and feel the previously approved plan is a far superior concept. Their major concerns include the additional volume of traffic generated by the addition of the fast-food restaurant onto Elizabeth and the adjacent intersection already being a heavy traffic area. The new plan also reduces the pedestrian plaza between the proposed and existing buildings. More detailed concerns are listed in their memo. -190- January 2, 1979 ' The Planning and Zoning Board made significant recommendations basically feels for change in the original the preliminary plan which improved it. Staff plan was more desirable in an overall way. The only objective concern deals with traffic and probably is not enough by itself to justify a denial recom- mendation. Council must use its subjective judgment in evaluating this change. Staff judgments are that the original design was far better and recommended denial. Planning and Zoning Board did not agree and recommended approval with a number of conditions. RECOMMENDATION: Staff normally should look at objective facts. We avoid being biased that way. But sometimes, subjective judgment of a qualitative nature is necessary. Providing Council with some professional judgments is an important part of our job. Council, of course, may or may not agree; but at least it has the bene- fit of our thinking. DISCUSSION: This is something of a difficult recommendation. Our concerns for the quality of the development are mostly subjective. The modification in design hurts the overall development; it is not quite as good as it was when first approved as a P.U.D. Is it enough of a change that Council would not approve it as a P.U.D. if originated now? We can not answer that. But development by attrition is a concern to be guarded against. A good plan is presented and approved; then things change. The plan is modified; then more things change and the plan is modified again. finally, what gets built is so far afield from anything the Council would have approved originally, no one recognizes it and all wonder what happened. This is a Bartran development; and, therefore, you have integrity to rely on. That is important and mitigates. Because of that fact, this is a good pro- posal on which to discuss the principle.,$ ale January 2, 1979 City Manager Arnold stated the Planning & Zoning Board had basically recommended for approval, after the Planning staff , had voted to deny. The staff needed to point out their recom- mendations to the Council. Planner II, Paul Diebel, identified the differences between the original plan and the revised plan. Developer, William Bartran, stated he agreed with the staff that the original plan was better, but was not economically feasible. Councilwoman Gray stated that she had a serious concern regard- ing the traffic situation, as it related to another drive through restaurant in that area. Councilwoman Gray made a motion, seconded by Councilman Suinn, to deny the Revised Perliminary Plan of Fairview Shopping Center P.U.D. Yeas: Councilmembers Gray and Suinn. Nays: Council - members Bloom, Bowling, Russell, St. Croix and Wilkinson. THE MOTION FAILED. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve the Revised Preliminary Plan of Fairview Shopping Cen- ter P.U.D. Yeas: Councilman Bloom, Bowling, Russell, St. Croix and Wilkinson. Nays: Councilmembers Gray and Suinn. THE MOTION CARRIED. ' Resolution Making Appointments to Various Boards and Commissions Tabled to January 9. 1979 Mayor Suinn inquired how many people were waiting for this item. Hearing none; Councilman Wilkinson made a motion, se- conded by Councilwoman Gray to table this item to January 9, 1979. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Selection of Architect/Construction Manager for Indoor Pool and Ice Rink Following is the Purchasing Agent's memorandum on this item: Purpose She purpose of this report is to stimmarize the events to proposed ice arena swimming pool complex and to recommend architectural/engineering firm as well as a construction date concerning the the selection of an I manager. -192- January 2, 1979 IBackground In early December a "task force" committee was formed in order to get the project off "high center." Members of this committee were Tom Frazier, Pat Polifka, Lynn Greenwood, Paul Lanspery, Barry Selberg, and Bob Rost. Earl Wilkinson served as an advisor to the Committee. Problems or questions addressed by this Committee were: . What do we build? . Where do we build? • When do we build? • How much will it cost? • Who should design it? . Who should build it? Some of these questions had previously been answered or d��ct_'or. 1 d .r g iven. • The budget was established at $1.5 mullion. • Construction should be cacpleted if possible by January, 1980. • The complex should include an indoor pool/indoor ice arena. • The oacplex should probably be located in Edora Park. ' The remaining questions to be answered were: Who? How? It was a Committee decision that, because of time constraints and budget limintations, the best solution to "how?" would be a "fast track" construction Management approach. This is similar to the method utilized in the construction Of the Library and Dhmicipal Building. The major difference would be to hire a construction manager and an architectural/engineering firm simultaneously. This should save both time and mnney and the project should be under con- struction by April, 1979. In order to select the construction manager and architectural/engineering firm, prequalification information was solicited. The Committee evaluated submitted applications on the following criteria: • Professional qualifications and experience • Opacity to acc arplish the project • Specialized experience on similar projects • Past performance . Addressment of special requirements 1 -193- January 2, 1979 ,,he top four ccnstructicu management firms and six architectural .firms were ' invited to interview before the Committee. They are as follows: Hastings & Chivetta - St. Louis, Missouri Cox & Costello - Fort Collins, Colorado and Amityville, New York Barclay & Associates - Oakpark, Illinois Richard Hampleman & Associates - Denver, Colorado U.R.S. - Denver, Colorado Nixon, Brown, Bowen & Brokaw - Boulder, Colorado Construction Managers Paid Burton Construction, Inc. - Fort Collins, Colorado Construction, Inc. - Iongmont, Colorado C. H. Guernsey - Longmont, Colorado Weaver Construction - Denver, Colorado It is the recconendation of this Committee that the firm of Hastings & Chivetta, Architects and Planners, be retained to design the indoor pool/indoor ice arena complex. This firm, in our opinion, will offer the best solution to the tuners, the City of Fort Collins. 'ihis firm offers: . Pool and ice rink expertise ' . Capacity and staffing to produce drawings when needed • Experience concerning operating and maintenance costs • Design capability and alternatives • Landscape architectural capability • In-depth knowledge of mechanical systems, acoustics, materials, and alternatives • Application • Familiarity in dealing with Coumcil and public . Flexible fee structure It is also the recomtendation of this Committee that Raid Burton Construction, Inc., be hired as the construction manager for this project. This firm offers: • Qualified construction management experience • Knowledge of local markets, materials, subcontractors • Swimmng pool construction experience • Scheduling, estimating, project control, supervision capacity • Past performance on similar size projects for the City of Fort Collins MMOM January 2, 1979 It should be pointed out that all firms interviewed were extremely well qualified and had excellent references and experience. Much information was gleaned during the interview process which will serve as input during the design/ conceptualization phase of this project. 7he selection process was extensive and it is our opinion that the firms selected will design and build a facility which will service the needs and requirements of the canmmi.ty. We rec=nend that Council authorize the City Manager to negotiate contracts with Hastings and (hivetta, and laid Burton to perform the architecture and construction management work on the pool and ice rink facility. " City Manager Arnold outlined the salient points of the memo- randum. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the recommendation of the administration. Yeas: Coun- cilmembers Bloom, Bowling, Gray, Russell, St. Croix; Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Other Business Mayor Suinn adjourned the meeting to January 9, 1979 at 1:00 p.m. Adjournment The meeting was adjourned at 11:30 p.m. ATTEST: ' City C er -195-