HomeMy WebLinkAboutMINUTES-12/16/1997-RegularDecember 16, 1997
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 16,
1997, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and
Wanner. Nays: None.
Staff Members Present: Fischbach, Krajicek, Roy.
Agenda Review
City Manager John Fischbach withdrew Items 9, Second Reading of Ordinance No. 194, 1997,
Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney, 910,
Second Reading of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and Setting
the Compensation of the City Manager, 411, Second Reading of Ordinance No. 196, 1997,
Amending Section 2-606 of the City Code crud Setting the Compensation of the Municipal Judge, and
912, First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital
Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the
Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project,
from the Consent Agenda for discussion. He reported that Item #17, Resolution 97-157 Making
Appointments to Various Boards and Commissions, was revised and in Council's "Read Before the
Meeting" folder.
***CONSENT CALENDAR***
7. Second Readine of Ordinance No 192, 1997 Designating the Armstrong Hotel 249-261
South College Avenue and 102-106 West Olive Street as a Local Landmark Pursuant to
Chapter 14 of the City Code.
Ordinance No. 192, 1997, which was unanimously adopted on First Reading on December
2, 1997, designates the Armstrong Hotel as a local landmark. The building is significant for
both its architectural and historical importance. It is an outstanding example of early
Twentieth Century hotel architecture and retains excellent physical integrity. It is also
historically significant for its direct association with the boom in automobile tourism, as well
as for its association with the development of the College Avenue commercial district of Fort
Collins.
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December 16, 1997
8. Second Reading of Ordinance No. 193, 1997, Granting Easements to Wonderland Hill
Development Company in Connection with Martinez PUD.
Ordinance No. 193, 1997, which was unanimously adopted on First Reading on December
2, 1997, dedicates to Wonderland Hill Development Company four (4) easements on Lee
Martinez Park property that are necessary for the development of Martinez PUD, which was
approved by the Planning and Zoning Board on November 6, 1997.
9. Second Reading of Ordinance No. 194, 1997, Amending Section 2-581 of the City Code and
Setting the Compensation of the City Attorney.
City Council met in Executive Session to conduct the performance appraisal of City Attorney
Steve Roy. This Ordinance, which was unanimously adopted on First Reading on December
2, 1997, establishes the 1998 salary and compensation of the City Attorney.
10. Second Reading of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and
Setting the Compensation of the City Manager.
City Council met in Executive Session to conduct the performance appraisal of City Manager
John Fischbach. This Ordinance, which was unanimously adopted on December 2, 1997,
establishes the salary and compensation provided the City Manager.
11. Second Reading of Ordinance No. 196, 1997, Amending Section 2-606 of the City Code and
Setting the Compensation of the Municipal Judge.
City Council met in Executive Session to conduct the performance appraisal of Municipal
Judge Kathleen M. Lane. This Ordinance, which was unanimously adopted on First Reading
on December 2, 1997, establishes the 1998 salary and compensation of the Municipal Judge.
12. First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital
Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for
the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital
Project.
Last month, Kiewit Western submitted its bid for the remaining work on the Timberline
Extension. The bid was $300,000 less than the engineer's estimate and $185,000 less than
the estimate provided by an independent estimating consultant hired by the City in
connection with this project.
Prior to Kiewit's November I 1 bid, cost projections indicated that the Timberline project
would require an appropriation of an additional $1,190,000. As a result of Kiewit's bid, the
additional amount needed has been reduced by $300,000. Engineering staff, Kiewit, and
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December 16, 1997
the independent estimating consultant met prior to the bid to examine possible cost
reductions. Through this process, the group discovered many cost reductions that could
result from better construction methods, and more cost effective materials, as well as
opportunities to reduce subcontractor costs. Staff believes that Kiewit's bid is very
competitive and that Kiewit will construct a high quality project. Kiewit Wester is currently
putting forth every effort to open Timberline Road ahead of the scheduled Fall `98
completion.
Staff recommends funding the needed $890,000 (which includes $500,000 for contingency)
using approximately $548,000 from the Completed Project Savings and $342,000 from the
Choices 95 Fund. This will leave a balance of $862,000 in the Choices 95 Fund.
13. First Reading of Ordinance No 198, 1997, Authorizing the Mayor to Execute a Deed of
Convevance in Favor of Colorado Department of Transportation for Part of the East Vine
Streets Property.
In 1993 the City purchased a 32-acre site at Vine and Lemay for use as offices, fleet
maintenance, garages, and equipment storage for the Streets Department. Transportation
Fund reserves paid for all property acquisition and HUTF moneys pay for debt service
payments for improvements. The 2.5 acres being sold to CDOT are currently leased to
Advanced Drainage Systems for storage of plastic pipe and equipment which is moving to
another location. The City's acquisition of right-of-way from CDOT for Redwood is
necessary to expand the roadway to collector status and to connect Redwood to Linden
Street as shown on the Master Street Plan. CDOT wants to purchase the City property for
a new maintenance facility, which is compatible with the Streets Department facility usage.
The Streets Department and CDOT will continue to share ice slicer/sand/salt storage
facilities and materials at this location.
14. First Readine of Ordinance No. 199. 1997, Authorizing a Lease Agreement Between the City
and Twice the Ice. Inc.. for the Use of Certain City Property at EPIC For the Sale of
Advertising Space.
This Ordinance would authorize the City to enter into an Agreement with Twice the Ice to
grant to the group the right to use the ice resurfacer and designated sections of the dasher
boards at the City's Edora Pool Ice Center for the installation of advertising, which Twice
the Ice will arrange, to raise funds for a second sheet of ice at EPIC. Under Section 23-114
of the City Code the Council is authorized to lease any interests in real property owned in
the name of the City, provided that Council first finds that the lease is in the best interests
of the City.
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December 16, 1997
15. First Reading of Ordinance No 200, 1997, Fixing Ratifying and Affirming a Telephone
Exchange Access Facility Charge for the I.arimer Emergency Telephone Authority for
Wireless Telephone Service.
In 1990 the Larimer Emergency Telephone Authority (L.E.T.A.) was created pursuant to
Colorado Revised Statute Section 29-11-101 by an intergovernmental agreement between
the City of Fort Collins and nineteen other governmental entities in Larimer County. In its
most recent regular session, the Colorado legislature enacted Senate Bill 97-132 recognizing
the increasing number of wireless telephone service users, and allowing local E-911 boards
and their governing bodies to adopt access facility charges for wireless service users in a
manner and in an amount consistent with the current telephone exchange access facility
charge ($.45 per month). At the most recent L.E.T.A. board meeting, it was decided that in
light of the increasing number of wireless telephone users, and the need to identify and locate
those calling the E-911 centers, that a telephone exchange access facility charge should be
established. This fee will help pay for the new technology needed to locate wireless
telephone users who call E-911 centers during emergencies.
16. Resolution 97-156 Stating the City's Intent to Not Act as a Reviewing Entity for the
Colorado Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation
Projects for 1998.
As a Certified Local Government, Fort Collins has the opportunity each year to choose to
be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the
next calendar year. The City Council must adopt a resolution stating whether or not it
intends to take on this responsibility in the next year.
On April 22 the Landmark Preservation Commission discussed this function and made the
decision to recommend that the City decline the reviewing entity function for the Colorado
Historic Preservation Income Tax Credit in 1998. The basis for the recommendation to not
act as reviewing entity for the next year is twofold. First, the staff resources needed to
administer the State's program have steadily grown as the tax credits have become more
popular, and as a result has taken staff resources away from other, higher priority local
Preservation activities. Second, the Tax Credit Program contains some requirements which
the City has no control over, but yet has created discord for both the City and applicants.
The Landmark Preservation Commission and City staff believe that the "costs" outweigh the
"benefits" of continuing to assume the review authority.
17. Resolution 97-157 Making Appointments to Various Boards and Commissions.
This Resolution makes appointments to various boards and commissions to fill vacancies due
to resignations of board members.
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December 16, 1997
A vacancy currently exists on the Housing Authority (Community Advisor position) due to
the vacancy created by Jeff Taylor's appointment from Community Advisor to a voting
member of the Housing Authority. Applications were solicited and interviews were
conducted. Councilmembers Warmer and Bertschy are recommending Sister Mary Garcia
fill the vacancy with a term to begin immediately and to expire June 30, 1999.
A vacancy currently exists on the Library Board due to the resignation of Joanne Monath.
Applications were solicited, interviews are being scheduled with Councilmembers Kneeland
and Byrne, and a recommendation will be inserted in a Resolution in Council's "Read Before
the Meeting" packets on December 16. Said recommendation will begin immediately with
a term to expire June 30, 2001.
A vacancy will exist on the Landmark Preservation Commission on December 31 due to the
resignation of Diana Ross. Councilmembers Mason and Kneeland reviewed the applications
on file and are recommending Rande Pouppirt to fill the vacancy with a term to begin
January 1, 1998 and to expire June 30, 2000.
A vacancy will also exist on the Senior Advisory Board on December 31 due to the
resignation of Jill Taylor. Councilmembers Azari and Kneeland reviewed the applications
on file and are recommending Christina Ulrich to fill the vacancy with a term to begin
January 1, 1998 and to expire June 30, 1998.
18. Routine Deeds and Easements.
A. Deed of Easement from Don Skaggs to install new underground streetlight service,
located at 2005-2007 Spring Court. Monetary consideration: $10.
B. Quit Claim Deed from CDL Partnerships for a detention pond, 3.08 acres located in
Dakota Ridge PUD, Second Filing. Storm Drainage will accept responsibility for
maintenance. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 192, 1997, Desi *n�, atine the Armstrong Hotel, 249-261
South College Avenue and 102-106 West Olive Street, as a Local Landmark Pursuant to
Chapter 14 of the City Code.
8. Second Reading of Ordinance No 193, 1997 Granting Easements to Wonderland Hill
Development Company in Connection with Martinez PUD
9. Second Reading of Ordinance No 194, 1997 Amending Section 2-581 of the City Code and
Setting the Compensation of the City Attorney.
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December 16, 1997
10. Second Readine of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and
Setting the Compensation of the City Manager.
11: Second Readine of Ordinance No. 196, 1997, Amending Section 2-606 of the City Code and
Setting the Compensation of the Municipal Judge_
Items on First Reading were read by title by City Clerk Wanda Krajicek.
12. First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital
Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for
the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital
Project.
13. First Reading of Ordinance No. 198, 1997, Authorizing the Mayor to Execute a Deed of
Conveyance in Favor of Colorado Department of Transportation for Part of the East Vine
Streets Property.
14. First Readina of Ordinance No. 199, 1997, Authorizine a Lease Aereement Between the Citv
and Twice the Ice. Inc.. for the Use of Certain City Property at EPIC For the Sale of
Advertising Space.
15. First Reading of Ordinance No. 200, 1997, Fixing Ratifying and Affirming a Telephone
Exchange Access Facility Charge for the Larimer Emergency Telephone Authority for
Wireless Telephone Service.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
Police Services Communication Manager Mary Moore gave a brief presentation on Item #15, First
Reading of Ordinance No. 200, 1997, Fixing, Rating and Affirming a Telephone Exchange Access
Facility Charge for the Lorimer Emergency Telephone Authority for Wireless Telephone Service,
which was approved by adoption of the Consent Agenda. She spoke of the importance the
improvement was to the 911 system.
Councilmember Reports
Councilmember Smith reported the Lincoln Land Institute Conference was held in Fort Collins ,
noting the discussions included: university and community partnerships; rural and urban
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December 16, 1997
partnerships; cooperation among local governments; cooperation among builders, residents and local
governments; and cooperation between industry and government.
Councilmember Bertschy commented on the workshops which were held at the above mentioned
conference and of the importance of regional cooperation.
Councilmember Mason reported on a recent Legislative Review Committee noting the Committee
discussed the Endangered Species Act and land use and takings Bills. He stated the Internet
Commerce Bill was discussedand the possibility of exempting all commerce over the Internet from
sales tax. He stated the Growth Management Committee met and discussed with Latimer County
a sub -area plan for the I-25 Corridor, and requirements for Big Box standards within the Urban
Growth Area.
Councilmember Byrne stated the Poudre R-1 Liaison Committee met and discussed items regarding
joint use facilities and youth activities. He stated CSU owns and has plans for using the Youth
Activity Center in the future and stated the Committee discussed various options for another
location. He reported the Committee and the School District is discussing the possible need for "flag
pole" annexations for a number of schools located near City limit boundaries for increased police
protection.
Councilmember Wanner reported the Organizational Development Committee met and discussed
the City Center Plan and the parking garage that is to be constructed in conjunction with the Latimer
County Justice Center. He reported they also discussed the Downtown Transportation Center.
Ordinance No. 194, 1997
Amending Section 2-581 of the City Code and
Setting the Compensation of the City Attorney. Adopted on Second Reading
The following is staff's memorandum on this item.
"Executive Summary
City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve
Roy. This Ordinance, which was unanimously adopted on First Reading on December 2, 1997,
establishes the 1998 salary and compensation of the City Attorney. "
Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 194, 1997 on Second Reading.
Mayor Azari commented she was not in attendance during First Reading of the compensation
ordinances and requested they be withdrawn from the Consent Agenda on Second Reading so that
she could comment. She expressed her appreciation for the work of Steve Roy and spoke of the
quality of his performance.
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December 16, 1997
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 195,1997
Amending Section 2-596 of the City Code and
Setting the Compensation of the City Manager, Adopted on Second Reading.
The following is staff's memorandum on this item.
"Executive Summary
City Council met in Executive Session to conduct the performance appraisal of City Manager John
Fischbach. This Ordinance, which was unanimously adopted on December 2, 1997, establishes the
salary and compensation provided the City Manager. "
Councilmember Mason made a motion, seconded by Councilmember Smith, to adopt Ordinance No.
195, 1997 on Second Reading.
Mayor Azari spoke of the difficulty in managing a City and of the excellent leadership Mr. Fischbach
provides the citizenry.
The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED
Ordinance No. 196, 1997
Amending Section 2-606 of the City Code and
Setting the Compensation of the Municipal fudge Adopted on Second Reading_
The following is staff's memorandum on this item.
City Council met in Executive Session to conduct the performance appraisal of Municipal Judge
Kathleen M Lane. This Ordinance, which was unanimously adopted on First Reading on December
2, 1997, establishes the 1998 salary and compensation of the Municipal Judge. "
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 196, 1997 on Second Reading.
Mayor Azari thanked Judge Lane for representing the City and commended her on hard work.
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December 16, 1997
The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 197, 1997
Appropriating Prior Year Reserves in the Capital Projects
Fund and Authorizing the Transfer of Appropriations Between
Capital Projects for the Purpose of Providing Additional Funds
for the Choices 95 Timberline Extension Capital Project Adopted on First Reading_
The following is staffs memorandum on this item.
"Financial Impact
The current budget for the Timberline Extension is S7.58 million. Current cost projections, which
include S500, 000 in contingency, show the need for an additional S890, 000 to complete the project.
This Ordinance appropriates an additional S890, 000 for the construction of the Choices 95
Timberline Extension Project. Staff has identified S1,752,000 in capital project savings and
unanticipated revenue, a portion of which will cover the S890, 000. This will leave a balance of
S862, 000 in the Choices 95 Fund.
E.recutive Sunrnmry
Last month, Kiewit Western submitted its bid for the remaining work on the Timberline Extension.
The bid was S300, 000 less than the engineer's estimate and $185, 000 less than the estimate provided
by an independent estimating consultant hired by the City in connection with this project.
Prior to Kiewit's November 11 bid, cost projections indicated that the Timberline project would
require an appropriation of an additional S1,190,000. As a result of Kiewit's bid, the additional
amount needed has been reduced by S300, 000. Engineering staff, Kiewit, and the independent
estimating consultant met prior to the bid to examine possible cost reductions. Through this
process, the group discovered many cost reductions that could result from better construction
methods, and more cost effective materials, as well as opportunities to reduce subcontractor costs.
Staff believes that Kiewit's bid is very competitive and that Kiewit will construct a high quality
project. Kiewit Wester is currently putting forth every effort to open Timberline Road ahead of the
scheduled Fall `98 completion.
Staff recommendsfinding rnding the needed $890, 000 (which includes S500, 000 for contingency) using
approximately S548, 000 from the Completed Project Savings and S342, 000 from the Choices 95
Fund. This will leave a balance ofS862,000 in the Choices 95 Fund.
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December 16, 1997
BACKGROUND:
In March 1997, Council authorized the final design and construction of Timberline. At that time cost
projections showed the budget for the entire project to be short approximately S500, 000. In
response to input received during the extensive public participation process for this project, more
than 51,300, 000 in enhancements were added to the project scope to meet community needs. The
major additions to the project scope are:
Sidewalks Street Lights Poudre Trail Detour
21 ' of Add 7 ROW Width Four Lanes at Mulberry Airport Runway Extension
70' Longer Poudre Bridge Bridge Enhancements Un d e r g r o u n d i n g
Powerlines
In May, Kiewit Western Inc., was selected as the general contractor for the project. Kiewit's project
superintendent and supervisors worked with the design team over the summer as the team finished
the plans for Phase 1 of the project. Many significant cost savings were identified due to
construction efficiencies and use of more cost effective materials.
In August, the City awarded Kiewit the contract for Phase I of the project and construction began
immediately. Phase I work included: Downtown Airport runway extension; Mulberry Street detour;
Poudre River Trail detour; irrigation ditch siphon under the Dry Creek Channel and Timberline;
Poudre River Bridge; hard road; 24" waterline installation; and excavation of the conveyance
channel. Kiewit has completed Phase 1, with the exception of the Poudre River Bridge which will
be completed in March.
Front September through mid -November Kiewit worked with the design team on the final plans for
Phase IL Phase II work includes construction of Timberline Road; Dry Creek Channel; Poudre
River Trail; Mulberry Bridge; Lincoln Avenue Bridge; Lake Canal box culvert extension; storm
drainage improvements; levee; conveyance channel; utility relocations; seeding and landscaping.
Many significant cost savings were identified resulting in a savings of S300, 000 for the Timberline
Extension portion of the project. This reduces the Timberline project budget shortfall fu•ont
SI,190, 000 to 5890, 000.
On December 3, staffawarded the contract for the construction of Phase II to Kiewit Western. The
contract for Phase II makes the inclusion of several large work items contingent upon Council's
appropriation of this additional S890,000. Kiewit plans to start construction on Phase II upon
issuance of the Notice to Proceed. Staff anticipates issuing the Notice to Proceed by December
17th. Kiewit has continued to strive to have Timberline Road open to traffic ahead of the scheduled
fall '98 completion.
Staff recommends funding the needed 5890, 000 (which includes $500, 000 contingency) using
approximately 5603,000 from the Choices 95 Fund and S287,000 fu•om General City Capital
(savings from two old projects -- Timerline/Prospect Intersection and North College Bike Path, and
114 Center Necessary Balance). This will leave a balance of 5862,000 in the Choices 95 Fund. "
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December 16, 1997
Civil Engineer III Mark Sears gave a brief update on the status of the project and explained the need
for additional appropriations. He responded to Council questions regarding the various phases of
the project, noting Phase 3 is currently under way and construction is scheduled to be completed in
the fall of 1998. He responded to Council questions regarding the original projected cost of the
project and the current cost, stating since adoption of the project by the voters, inflation has driven
up costs in design, right-of-way acquisition, construction management, mobilization of equipment,
etc.
Councilmember Kneeland commented on the enhancements made to the project after its adoption
by the voters and stated that the controversy surrounding this particular project is what forced the
delays giving way to inflation.
City Manager John Fischbach commented that inflation would be an issue with all the Choices 95
projects that were approved.
Councilmember Bertschy requested clarification regarding funding sources for the project.
City Manager John Fischbach stated the majority of funding for enhancements was allocated from
Choices 95 funds and the 1/4 necessary sales tax, stating those funds were used for right-of-way
acquisition. He stated he would provide Council a detailed account of the funding.
Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 197, 1997 on First Reading. Yeas Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Byrne spoke of storm drainage issues discussed with the neighbors of POET
(Prospect, Overland, Elizabeth and Taft Hill) noting that as a result of the July flood, the Stormwater
Department is reviewing its Master Plans in those neighborhoods and will be bringing information
to Council for possible policy adjustments to the Plans.
Councilmember Bertschy reported he attended the ribbon cutting ceremony for the Turning Point
facility and spoke of the success of the project.
Mayor Azari reported the December 23 Study Session and the December 20 Leadership Luncheon
have been canceled due to the Christmas holiday.
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The meeting adjourned at 7:05 p.m.
ATTEST:
Adioer�•••,.•,r
December 16, 1997
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