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HomeMy WebLinkAboutMINUTES-03/20/1979-RegularMarch 20, 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 Col- lins was held on Tuesday, March 20, 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 Wilkin- son. Absent: None. Staff Members Present: Arnold, Mills, Lee, Powers, Kraji- cek, Balok, Lanspery, Straayer, Harmon, Lee, Deagle, Mabry, Rug- giero, Krempel, Liley and Lewis. ' 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) The Consent Calendar presented was as follows: 4. SECOND AMENDMENT TO FOOTHILLS PLAZA P.U.D., Final. This is a proposal to amend an existing P.U.D. on 5 acres zoned "H-B," located at the northeast corner of South Cuiiege Avenue acid Edst- Monroe. Staff recommends approval. S. THE WHARF, PHASE II, AT THE LANDINGS, FINAL. This is a proposal for a 21 unit townhouse P.U.D. on 2.14 acres zoned "R-P," located west of Landings Drive and bordered on the south by the Larimer County Canal #2. Staff recommends approval. -317- March 20, 1979 6. PARK PLACE AT THE LANDINGS, FINAL. This is a proposal for a 100 multi -family unit P.U.D. on 10.1 acres zoned "R-L-P," located on Boardwalk Drive and Troutman Parkway. Staff recommends approval. 7. WESTGATE, 5th FILING, FINAL. This is a proposal for final plan approval of Westgate, Sth Filing, a 17-lot subdivision on 7.5 acres zoned "R-M." Staff recommends approval. S. WHALER'S COVE AT THE LANDINGS, FINAL. This is a proposal for a 115 unit single-family P.U.D. on 29.2 acres zoned "R-L-P," located on Harmony Road and Lemay Avenue. Staff recommends approval. 9. PARKWOOD EAST SUBDIVISION, FINAL. This is a proposal for 192 single-family lots on 54.8 acres zoned OR-L-P," located on Drake Road east of the Union Pacific Railroad right-of-way. Staff recommends approval. 10. REPLAT OF PENTHOUSE SUBDIVISION, FINAL. This is a proposal to replat 3 lots on 2.3 acres zoned "R-H" bounded by City Park Avenue and Wagner Drive. Staff recommends approval. 11. THE LANDINGS, FOURTH, FINAL. This is a proposal for 152 unit P.U.D. on 33.11 acres zoned "R-L-P," located north of Harmony Road and west of Harmony Reservoir. Staff. recommends approval. 12. HEARING AND FIRST READING OF ORDINANCE NO. 125, 1978, RELATING TO PARKING (Tabled 1/17/79). On January 16, Council considered passing an Ordinance which would prohibit the .use of on -street parking for storage of vehicles held or acquired for dismantling, rebuilding, sale or resale, repairing, servicing, scrapping, or other salvage processes. The Ordinance was tabled to allow Staff time to address the problem by creating two-hour parking zones and/or prohibiting overnight parking. Staff recommends tabling until May 15 for further analysis. -318- March 20, 1979 ' 13. DEEDS AND EASEMENTS. 1. Two Ditch Crossing Agreements with Pleasant Valley and Lake Canal 2. Company for the construction and maintenance of an electric line. 3. Easement Agreement with Lou Dell Wilhite for the installation and maintenance of buried utility lines. 4. Easement Agreement with Fort Collins Jewish Community Center for the installation and maintenance of buried utility lines. 5. Easement from William C. Stover for construction of an electric line. 6. Ditch Crossing Agreement with Larimer County Canal #2 Irrigating Company for the construction of a water line crossing. The following items were withdrawn .from the Consent Calendar: Item No. 10, Replat of Penthouse Subdivision, Final. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED, Replat of Penthouse Subdivision, Final Tabled to March 27 City Manager Arnold requested that this item be tabled to March 27, 1979, as it is not complete, at this time. Councilwoman Gray made a motion, seconded by Councilman St. Croix, to table the replat of Penthouse Subdivision, Final, Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED, -319- a March 20, 1979 Emergency Ordinance Adopted on First and Final Reading Amending t Certain Sections of Chapter 118 of the Code Being a Part of the Zoning Ordinance and Relating to Signs Following is the.City Manager's memorandum on this item: "This Ordinance was tabled on January 16 and February 6 to i allow Council more time to review the Ordinance. It was then passed unanimously on first reading at the February 20 meet- ing. This .item was inadvertently left off the March 13 meeting for second reading. People are waiting for sign permits, so we cannot wait to run first and second readings through again, therefore, the necessity of the Emergency Ordinance. Staff is bringing it to Council as an Emergency Ordinance. Staff recommends adoption of this Emergency Ordinance." Councilwoman Gray made a motion, seconded by Councilman Bloom, to adopt Ordinance No. 40, 1979 as an Emergency Ordinance. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, ' Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Vacating lev in Block 105 of the Citv of Fort Collins Following is the City Manager's memorandum on this item "This is an Ordinance vacating a portion of an alley on the west side of Mason between Mulberry and Myrtle. The property owner is requesting this vacation since this por- tion is no longer needed and it currently divides his property. Staff recommends approval of this vacation, reserving an ease- ment to the City for existing utilities." Councilwoman Gray made a motion, seconded by Councilman.Bloom, to adopt Ordinance No. 36, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. , -320- March 20. 1979 ' Ordinance Adopted on First Reading .Amending Chapter 112 of the Code Relating to the Pro- ration of Water and Sewer Fees Following is the City Manager's memorandum on this item: "This Ordinance amends our water and sewer billing procedures on flat rates when only part of a month's service has been used. Currently, our Ordinance provides that if water and sewer rates are changed or water and sewer users start or terminate service other than on established billing dates, the minimum charge for the month is applied. The amendment provides that the minimum flat rate and metered water and sewer charges will be prorated on the basis of actual number of days served for that portion of the billing period. It is proposed that this amendment be implemented with the new combined billing service. Staff recommends approval." Councilman Wilkinson inquired into the need for this Ordinance, since the savings are so insignificant. Councilman St. Croix made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 37, 1979, on .first reading. Yeas: Bloom, Bowling, Gray, St. Croix and Suinn. Nays: Wilkinson. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Amendments to City Trash Hauling and Collection Regulations Following is the City Manager's memorandum on this item: "These proposed Ordinance changes are the result of discussions with City trash haulers as well as in response to City Council requested revisions. There are two proposed changes to our present Ordinance. The first deals with the placement of trash containers for pickup and the second amends the section of the Code relating to re- gulation of charges. -321- March 20, 1979 TRASH PLACEMENT - The present Ordinance allows for the place- t ment of bags five feet from the curb while cans and containers must be placed (on the day of pickup) five feet from the front corner of a residence. The proposed change would allow for covered trash cans and containers, as well as bags, to be placed five feet from the curb on the day of pickup. Resi- dents would still be allowed to place their containers near their house, and the trash haulers would provide different rate structures for the type of service requested or any other arrangement which would be mutually acceptable to the homeowner and the hauler. CHARGES - The present Ordinance sets forth rates for single- family household garbage pickup. The present rates have been out of date for some time and we recommend that this entire sec- tion of the Ordinance be repealed. City trash hauler rates are regulated by the PUC which is a more appropriate vehicle to insure that reasonable charges are being levied for City trash service. Staff recommends approval." Councilwoman Gray inquired into the safety provisions for dumpsters. ' Councilmembers Suinn and St. Croix stated they felt this change in the Ordinance was a "step backwards". Councilman Wilkinson made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 33, 1979, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray and Wilkinson. Nays: Coun- cilmembers St. Croix and Suinn. THE MOTION CARRIED. Ordinance Adooted on First Reading Relatinc to the Citv Target Pav Plan Following is the City Manager's memorandum on this item: "At its January 2, 1979 meeting, Council approved an Ordinance adopting the City's 1979 Interim Pay Plan. Council further passed a Resolution expressing its interest to implement a City "Target" or competitive pay plan at least by January 1, 1930. The attached Or would implement a competitive City pay plan starting June 25, 1979. The attached plan is very similar t to the original target plan presented to you in January. We have worked with a number of departments and employee organi- zations to insure that the plan is a competitive one. The pro- -322 March 20, 1979 Dosed pay ranges are based primarily upon competitive salary data collected for similar positions from other front range municipalities. The plan sets pay at the average level of those municipalities surveyed for like positions. Next year, we intend to keep competitive and move to an upper third pay standard rather than average pay for our City employees. The cost of implementing the Target Plan will be approximately $300,000. That is an expenditure which is not budgeted but one which, through tight budget management, can be made up during the year. It is our intent to pay competitive salaries to just recognize the importance of our current employees. A little belt tightening will allow us to find the money. Specifically, we anticipate some turnover during the year. Cur- rently, we have 28 vacancies. By not immediately filling those positions, we save money. We intend to find the $300,000 nec- essary by such tight budget management. In turn, the public should not feel an impairment of City services. In discussing the financing of the Target Plan with Council in January, authorization was given to utilize any excess fund balance from the 1978 budget. A preliminary estimate from ' our Finance Director indicates that our "excess" balance will be less than $50,000. Ile feel that we can implement the Tar- get Plan without utilizing these funds and rather tighten 1979 expenditures as mentioned above. We may ask later to use the fund balance for the incentive pay feature of the plan. The proposed pay plan is a fair one. It also provides incen- tive for quality performance now and in the future. Staff recommends Council's approval." Councilmembers inquired into various aspects of the pay plan and requested that criteria be established for the 1981 budget, which would be used for evaluation of employee performance. This criteria was to be brought back in approximately 60 days. Councilman Wilkinson made a motion, seconded by Councilman Bowl- ing to adopt Ordinance No. 39, 1979, on first reading. Yeas: Councilmembers Bowling, Gray,' Russell, St. Croix, Suinn and Wilkinson. Nays: Councilman Bloom. THE MOTION CARRIED. -323- March 20, 1979 Executive Session Authorized ' Councilmembers Bowling made a motion, seconded by Council- woman Gray, to adjourn into executive session for the pur- pose of discussing -land acquisition. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkin- son. Nays: None. THE MOTION CARRIED Citizen Participation Mr. Andy Anderson, 1421 Skyline Drive, inquired into the final projects of the Capital Improvements Program, namely the out- door swimming pool. He will schedule a meeting with the City Manager to review funding for various projects. A). Proclamation on "Fort Collins American Field Service Week." B). Proclamation on "Poudre Valley Memorial Hospital Day." City Manager's Report ' City Manager Arnold called Council's attention to a packet of information regarding the petroleum situation. Council Members' Report A). Councilman Wilkinson commented on an item contained in the "Inside News" distributed by the City Manager. B). Councilman St. Croix requested an update on the Skeet Shoot at Cunningham Corners Annexation. The staff will follow up on this inquiry. Q . Councilwoman Gray inquired when the non -conforming use will be forthcoming? City Attorney Liley responded that this will come to a work session after the new Council is seated. D). Councilman Bowling requested that the staff work.on a master calendar of community events to minimize con- flicts. The staff will work on this request. E). Councilwoman Gray reported on the Policy Committee Meet- ing of the Colorado Municipal League meeting held on March ' 16, 1979. Two items of interest were the annexation bill, which still has not passed and the other was the Conserva- -324- March 20, 1979 ' tion Trust Fund. She requested the Administration re- port to the legislators and the Colorado Municipal Lea- gue on the names received, since the Joint Budget Com- mittee has not funded similar amounts for this year. Agreements for Architect and Construction Manager for Edora Park Swimming Pool/Ice Arena Complex Following is the City Manager's memorandum on this item: "At the February 6 Council meeting, Council authorized the City to negotiate with Iastings Chivetta Architects and Reid Burton Construction Company for the design and construction of a 50 meter indoor pool and regulation indoor ice rink. At that time, it was recognized that the $1.5 million budgeted for the project would be insufficient to complete the project. Council strongly indicated the remaining amounts required would be funded through a requested extension of the capital improve- ments sales tax. Attached are two agreements -- one for architectural services with Hastings Chivetta Architects and one for Reid Burton, the ' construction manager. The architectural agreement provides for payment on an hourly basis with the guaranteed maximum pay- ment not to exceed $210,000 for basic services and $14,000 for reimbursable expenses. In the event the sales tax extension is not authorized by the voters, the City would be obligated to pay the architects no more than $157,500 for basic services and approximately $8,500 for reimbursable expenses. These funds are presently available out of the $1.5 million which was allocated out of the 7-Year Capital Improvement program. At this time, the Construction Manager desires to work on a percentage of the total project cost. Until the architect com- pletes necessary schematic drawings, it is not possible to de- termine the total contract price. In the interim, we propose t a short-term agreement with Reid Burton Construction Company which will permit them to continue working on the project until the sales tax election. ode have agreed with Reid Burton that the maximum guaranteed amount for this short-term agreement should not exceed $30,200. Of that amount, $11,200 has already been paid for their research and work in determining the scope of the project. Staff recommends approval." 1 - -325- March 20, 1979 Councilman Wilkinson made a motion, seconded by Councilman ' Bloom, to approve the agreements for Architect and Construc- tion Manager for Edora Park Swimming Pool/Ice Arena Complex. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St.. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Award of Bid and Approval of Contract for Water Treatment Plant #2 Expansion Following is the City Manager's memorandum on this item "Bids were received on March 13th for the expansion of Water Treatment Plant #2 at Soldier Canyon on the west end of La- Porte Avenue. The low bid of $4,853,440 submitted by E. B. Jones of Denver is 10'/ below the Engineer's estimate of $5,396,000. We feel there is a good group of bids reflecting good plans and specs for such an involved project. E. B. Jones is a contractor new to the Rocky Mountain area. ' They are a subsidiary of a large St. Louis contractor with wide experience by the name of J. S. Alberisi. Their bid and bond are in order. Our investigation of the firm leads us to recommend award of the contract to them as low bidder. It is extremely important that the existing facilities be able to operate at 24 mgd 'between April 1, 1979, and November 1, 1979, and between April 1, 1980, and November 1, 1980, and that the project is complete in every way by February 1, 1981. Therefore, liquidated damages are unusually high.at $2,000 per day. The City Attorney's office intends to draft a sup- plemental agreement fully supporting and justifying the high amount. It is not intended that this supplemental agreement be brought back to Council for approval. This expansion work needed to accommodate new growth will be paid for by developers through the Water Plant Investment Fees. For review, the present plant has the capacity to produce 24 million gallons a day of treated water. The expansion is first of four contemplated over a long period of time. The intake facilities and the wastewater ponds are sized for 40 MGD expan- sion. The major construction components are sized for 20 MGD. The final treatment works provide for a current increased capac- ity of 10 MGD. The next increase of 10 MGD in about five years can be accomplished by our own personnel in that no major con- struction will need to be made. -326- March 20, 1979 Staff recommends awarding the bid to E. B. Jones, low bidder." Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to award the bid to E. B. Jones of Denver in the amount of $4,853,440. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE I40TION CARRIED. Adjournment Mayor Suinn declared the meeting adjourned to March 27, 1979 at 1:00 p.m. The meeting was adjourned at 8:00 p.m. ATTEST: City Clerk -327-