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HomeMy WebLinkAboutMINUTES-07/24/1979-AdjournedJuly 24, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:00 P.M. An adjourned meeting of the Council of the City of Fort Col- lins was held on Tuesday, July 24, 1979, at 1:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None. Staff Members Present: Arnold, Curt Smith, Krempel, Hays, Deagle, Mills, Lee, Rupel, Bingman, Frank, Parsons, Liley and Lewis. Agenda Review City Manager announced that the Executive Session has been rescheduled until 3:00 p.m. City Manager Arnold stated that the Staff would be meeting with the Chamber of Commerce on Wednesday concerning the Trails Program and he would report to Council after the meeting. City Manager Arnold stated that the City's budget is underway from the staff's standpoint and should be coming to him some- time this week; he would report to Council next week or possibly the week after. Replat of Lot 11, Von Vihl Heights, First Preliminary Denied Following is the City Manager's memornadum on this item: This is a preliminary proposal to replat Lot 11, Von Vihl Heights First Subdivision located at the ,northeast corner of Overland Trail and West Prospect Street. 1 July 24, 1979 This subdivision was originally approved while the land was in the county. This request would replat Lot 11 into two lots - each 9,227 square feet in size. The Planning staff recommended to the Planning & Zoning Board denial for the following reasons: 1. The proposal would create small lots which are not in keeping with the large lot character of surrounding subdivi- sions. 2. The proposal creates two smaller parcels at the intersection of two arterial streets. 3. The request would create two parcels with a sub -standard depth of 109.95 feet. Residential lots on an arterial require 150 feet in depth. 4. The existing lot can be developed under the existing zoning as a single family lot consistent with the other units in Von Vihl Subdivision. At their meeting of June 18, the Planning and Zoning Board held a public hearing and there was neighborhood opposition present. The Board unani- mously recommended denial for the reasons outlined by the Planning staff. Staff recommends denial." Curt Smith, Chief Planner, spoke to the staff's recommendation. Councilwoman Reeves made a motion, seconded by Councilman St. Croix, to deny replat of Lot 11, Von Vihl Heights, first pre- liminary. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Sundance Hills, Second Phase Preliminary Approved__ Following is the City Manager's memorandum on this item: This is a preliminary proposal for 32 units on 3.74 acres zoned R-P located east of Blue Spruce Drive and south of Willox Lane. Phase I of this P.U.D lies directly to the north. The plan provides for 8.56 dwelling units per acre. -2- July 24, 1979 Planning staff recommended approval to the Planning & Zoning Board subject to the following conditions: 1. Street name change is required for Sundance Circle South. 2. The building envelopes need to be revised to better reflect building types. 3. That the applicant submit a final landscape plan . 4. Drainage information be provided prior to final approval. 5. That the utilities plan include sidewalks . At their June 18 meeting the. Planning & Zoning Board voted unanimously for approval. The applicant has agreed to all the conditions addressed by the Planning staff and there are no outstanding issues or problems. Staff recommends approval. Chief Planner, Curt Smith, spoke to the staff's recommendation ' with the addressed conditions. Councilman Wilkinson asked if it is correct that we are using Urban Systems money to replace the bridge over the Poudre River to tie Redwood Drive into Linden Street at Vine Drive, and therefore, will that be an alternate route from the north into the downtcwn area. Curt Smith stated that there were alignment questions but the concept is correct. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve Sundance Hills, second phase preliminary. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. McClelland Commercial Plaza Preliminary Approved Following is the City Manager's memorandum on this item: 1 July 24, 1979 This is a preliminary proposal for a 7 lot commercial subdivision on 14.23 acres zoned H-B located on South College Avenue between Horsetooth and Harmony Roads. More specifically, it's located between the Prime Minister Restaurant and the Fossil Creek Commercial Plaza. This proposal provides for the extension of McClelland Drive which will eventually connect Horsetooth and Harmony Roads. The proposed Boardwalk Drive is consistent with the proposed access plan for South College Properties' and the intersection of Boardwalk Drive and South College Avenue will be signalized in the future. The Planning staff recommended approval of this preliminary plat to the Planning & Zoning Board subject to the following conditions:, 1. That a 1 foot non -vehicular access easement along the east boundary of lot 70 be.provided. 2. That a 15 foot drainage easement on east boundary of lot 70 be provided 3. That the utilities plan include sidewalks for both streets and bikeway .along McClelland Drive. 4. That proper drainage information be provided prior to final plat approval. At their June 16 meeting the Planning & Zoning Board voted unanimously to approve this preliminary plan subject to the applicant agreeing to Planning staff's concerns. The applicant has agreed to address these concerns and there are no outstanding issues or problems. Staff recommends approval. Chief Planner, Curt Smith, identified the area and addressed the conditions. Councilwoman Reeves asked if the six back lots would each have curb cuts from McClelland Drive. She stated that for lots that small it didn't seem like a good idea because of the road size. Chief Planner, Curt Smith, responded there wouldn't be a problem with this because these will be four lane arterial streets. Councilman Wilkinson requested that proper drainage informa- tion be provided prior to the final plat approval. He also inquired whether a storm drainage district for that area was approved. City Attorney, Lucia Liley, stated that it was scheduled to come back to Council on July 31st for the creation of the uistrict, and that this district will cover the McClelland area. 1 I July 24, 1979 Councilmembers inquired about combining curb cuts because of the sizeof the lots and the area, and requested a report back to Council, before this item comes back as a final. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to approve McClelland Commercial Plaza Preliminary. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Warehouse 3 P.U.D., Preliminary Approved Following is the City Manager's memorandum on this item: This is a preliminary proposal for a one unit warehouse P.U.D. on 1.67 acres zoned I-L located in the Evergreen Park Subdivision on the west side of Red Cedar Circle. A structure with a combination of uses is being proposed. The land use breakdown is as follows: Total Floor Area 39.5% Density and Parking 48.4% ' Landscaping 12.1% The foundation permits have already been issued for this project and work has commenced in the field on the foundation. Foundation permits were issued on the basis that the first two tenants were permitted uses in the I-L district. The building permits for the project have not been issued. Evergreen Park was platted April, 1973 and replatted March, 1974. Planning staff recommended approval to the Planning & Zoning Board subject to some minor concerns being addressed and that a variance be approved from the two -acre minimum requirement for a P.U.D. At their meeting on June 18, the Planning & Zoning Board unanimously recommended approval of the P.U.D. request and the variance from the two -acre requirement. The applicant has submitted a revised preliminary plan addressing the conditions. There are no unresolved issues. Staff recommends approval. 1 -5- July 24, 1979 Chief Planner, Curt Smith, identified the area and stated that staff recommended both the P.U.D. and variance to the two acre minimum lot requirement of the P,U..D. ordinance r•n,ahling a P.l1,D. on this 1.67 acre site. Councilman Wilmarth asked about oversizing costs and if this program would be continued on these items. City Manager Arnold stated he did not have that packet of information with him but he would get it to Council today, but it would be continued on these items. Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, to approve Warehouse 3 P.U.D., Preliminary. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St, Croix, Wil- kinson and Wilmarth. Nays: None. THE MOTION CARRIED. Silver Plume Preliminary P :U_D_APproved Following is the City Manager's memorandum on this item: "This is a preliminary plan for a 264 unit P.U.D. on 32.3 acres currently zoned R-P and B-P. This P.U.D. consists of residential area on 29.5 acres and a future commercial plan on the remaining 2.8 acres. There is also a proposed day care center located within the traffic circle on the site. The two main issues of the plan are the day care center and the overall traffic circulation on the site. The Planning staff recommended to the Planning & Zoning Board approval of the P.U.D. request subject to the above concerns being addressed. At their June 18 meeting the Planning & Zoning Board held a public hearing and unanimously recommended approval subject to the following conditions. 1. That the final plan of the day care center be reviewed by the Planning & Zoning Board. 2. That the landscaping plan include the perimeter areas of the commercial area. 3. That the problems with the traffic circle be addressed . 4. That the applicant submit a revised site plan or letter addressing and agreeing to these conditions prior to approval by City Council. -6- July 24, 1979 Following the Planning & Zoning Board meeting, staff met with the applicant and arrived at a solution to the traffic circulation related problems with the traffic circle and the location of the day care center. The applicant has submitted a revised preliminary plat addressing all conditions of the Board's recommendation. There are no unresolved issues. Staff recommends approval." Chief Planner, Curt Smith, identified the area and described a couple problems. One problem is potential traffic problem associated with the traffic circle and second the alignment of the proposed day care center in the project. The appli- cant has submitted a revised plan for this area which re- solves most of the concerns. Councilman Kross commented if there were problems with Police or Fire Department, Chief Planner, Curt Smith, responded that because of the traffic circle Police, Fire and Traffic Engineer thought it could "turn into a race track". But now with the revised plan this problem is cleared up. Councilman Wilkinson made a motion, seconded by Councilman Wil- ' marth, to approve Silver Plume, Preliminary P.U.D. Councilmembers expressed concerns about the maintenance of the private street by the Homeowners Association and the pos- sibility of making it a publicly owned street to insure pro- per maintenance in the future. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to amend the motion by adding that staff negotiate with the developer to possibly make it a publicly owned street. Yeas: Councilmembers Bowling Gray and Reeves. Nays: Coun- cilmembers Kross, St. Croix, Wilkinson and Wilmarth. THE MOTION FAILED Mayor Bowling put the original motion to approve the Silver Plume, Preliminary P.U.D. Yeas: Councilmembers Bowling, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: Councilwoman Gray. THE MOTION CARRIED. 1 July 24, 1979 Resolution Authorizing an Agreement with Black and Veatch to Complete Phase Two of Engineering Study of Stream Classification and Ammonia Nitrogen Limits Postponed Mayor Bowling stated this item would be postponed until after the Executive Session at 3:00 p.m. Ordinance Adopted on First Reading Abolishing Urban Renewal Authority Following is the City Manager's memorandum on this item: This ordinance provides for the abolishment of the Urban Renewal Authority. On July 5, 1978 Council established the Urban Renewal Authority to provide for possible urban renewal projects in the Triangle area, bounded by College on the west, Mountain on the south, and the Union Pacific Railroad tracks on the north- east. It has been decided that no renewal projects are appropriate now or in the near future, and the Authority has been inactive for some time. Therefore, it is desirable to.disband the Authority until such renewal projects are appropriate. Staff wishes to thank the Urban Renewal Authority members for their time and effort expended on the Authority. Staff recommends approval of this ordinance on first reading.: Councilwoman Reeves made a suggestion to just discontinue the Urban Renewal Authority until needed in the future. City Attorney, Lucia Liley, stated at the time we first set up the Urban Renewal Authority, Council could not act as the authority but because of a change in the State Statutes rela- ting to the Urban Renewal Authority it would now be possible in the future. Councilman Wilkinson made a motion, seconded by Councilman Wilmarth, to adopt Ordinance No. 90, 1979, on first reading. Yeas: Councilmembers Bowling, Gray, Kross, St. Croix, Wilkin- son and Wilmarth. Nays: Councilwoman Reeves. THE MOTION CARRIED. M F July 24, 1979 Ordinance Adopted on First Reading Providing for the Extension of a One Percent Increase in the Sales Tax From March 31, 1980 to December 31, 1981 Following is the City Manager's memorandum on this item: "This ordinance provides for: 1. The extension of the one percent increase in sales tax until December 31, 1981; 2. Revenues from this sales tax will be used to complete the swimming pool and ice rink complex at an estimated cost of $4,000,000. 3. Revenues shall also be used to pay operating and maintenance costs for the ice rink and swimming pool, as well as other appropriate projects; and 4. That any further extension behone December 31, 1981 be sub- mitted to the qualified voters for approval. Staff is preparing the ordinance and will have it ready at meeting time. ' Staff recommends approval." Councilman Wilmarth asked whether exemption of Food Sales Tax is being considered in this ordinance. City Attorney Liley stated this ordinance only recognizes the fact that the existing code provisions will remain in effect and that does include a sales tax on food. City Manager Arnold stated that that question is one that the Council is going to have to address in the upcoming budget time and in the next year. Councilman Kross stated he wanted to know what items are covered under unanticipated State imposed municipal expenditures. City Manager Arnold responded at least Pensions are a State mandated costs. Councilman Kross inquired if this ordinance was authorizing the use of sales tax dollars above and beyond the Capital Improvement Projects that were originally intended back in 1973. July 24, 1979 City Attorney Liley responded that it directs Council to spend the money on other appropriate projects as determined by Council, but that the Capital Improvement Projects had to be taken care of first. Mr. John Clarke, 706East Stuart, stated he felt it was wrong at this time to want to put this to a vote of the citizens, and recommended this ordinance be defeated. Councilwoman Gray stated she did not feel this is an extension of the sales tax but the imposition of a new tax. She, there- fore, preferred an election on this item now. Councilwoman Reeves reiterated her views that this should go to a vote of the people and Councilman St. Croix stated it seemed to him that the Council did not have any alternative but to extend the sales tax to complete the projects voted on. He reemphasized his objection to the use of sales tax money to pay operation and maintenance costs. Councilman Wilkinson suggested an amendment to Section 3 of the ordinance to add after the word projects "and other costs included in the original Capital Improvements Program". In Section 4 after the word acquisition, to add "as set out in Section 3". Councilman Wilmarth stated that the City might be faced , with parking the buses, closing the Lincoln Community Center and other things if there is not sufficient money to support those things. Mayor Bowling stated that at the time the sales tax ordinance was passed in 1973 it was a matter of record that operation and maintenance costs had been discussed, but that there were no figures available to make projections on these items. He did not recommend to go back for another vote of the peo- ple at this time. Mayor Bowling then requested that the amendments proposed by Councilman Kross be reviewed. City Attorney Liley stated, basically, Councilman Kross had suggested three changes: On page one paragraph three; dele- tion of the phase "unanticipated State imposed municipal ex- penditures; in paragraph four; deletion of the phrase"as well as providing for the other increased needs of the City attri- butable to its rapid expansion and the increased demand for services;" the last correction is the phrasein the fourth paragraph; "and in order that additional projects of a capi- tal improvement nature may be properly funded. She then reviewed the amendments recommended by Councilman Wilkinson -10- July 24, 1979 as follows: In Section 3, to amend that section by adding, at the end of the word "projects", "and operation and main- tenance costs of projects included in the Seven Year Capital Improvements Program; and by adding in Section 4, in the fourth line, after the words "authorized by the City Council", the phrase,"as set fourth in Section 3, of this ordinance. Councilman Kross made a motion, seconded by Councilman St. Croix, to amend the Ordinance as recited (above) by the City Attorney. Yeas: Councilmembers Bowling, Cray, Kross, Reeves, St. Croix and Wilkinson. Nays: Councilman Wilmarth. THE MOTION CARRIED. Councilman St. Croix made a motion, seconded by Councilman Kross, to adopt Ordinance No. 91, 1979, as amended on first reading. Yeas: Councilmembers Bowling, Kross, St. Croix and Wilkinson. Nays: Councilmembers Gray, Reeves and Wilmarth. THE MOTION CARRIED. Resolution Adopted as Amended Authorizing Acquisition by Eminent Domain Proceedings of Land in Connection with the Orchard Place Bike/Walkway ' Following is the City Manager's memorandum on this item: " Staff has attempted to negotiate for land in connection with the Orchard Place Bike/Walkway. We have been unsuccessful and in order to complete the walkway before school starts are requesting Council's approval of acquiring the property by eminent domain proceedings. A report from Ron Mills is included which outlines attempted negotiations. Staff recommends adoption of this Resolution." -11- July 24, 1979 City Manager Arnold pointed out that the resolution identified two parcels; the last parcel has been acquired. Councilman Wilkinson made a.motion, seconded by Councilman St. Croix, to amend the resolution by deleting the second legal description on the second parcel. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED Councilman Wilmarth inquired whether the City had a compre- hensive, on going program to integrate bicycles into the transportation plan. City Manager Arnold responded that in terms of looking to the future, there has been an ongoing policy to build in bike paths and that a hearing had been held in early June regarding bicycle lanes. Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adopt the resolution as amended. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkin- son and Wilmarth. Nays: None. THE MOTION CARRIED. Street Oversizing Fee ' Following is the City Manager's memorandum on this item: "Council has requested a report on a street oversizing fee. There are two basic approaches that can be used. A. A fee based on the total cost of partici- pation for a "typical" square mile, and B. A fee based on dwelling units in the average square mile of developed area. These two approaches are more fully discussed in the attached report. While it is a simple alternative and easy to deal with, staff does not recommend it because the other alternative and variation of the fee based on dwelling units. Legal staff is working on the ordinances to accomplish this and depending on work load they may or may not be ready in time for the Council meeting. City Manager Arnold requested this item be held for the work session. Mayor Bowling stated this item would be heard after item No. 19 (Proposal by Historic Old Town). -12- July 24, 1979 Legal Action Against Colorado Water Quality Control Commission Authorized Following is a letter from Special Counsel, Ward H. Fischer, on this item: For the past two or more years, the City of Fort Collins has been intimately connected with questions related to the quality of the waters of the Cache La Poudre River, and the discharge limitations which might properly be imposed upon the City to preserve a proper quality of water in that stream. It will be recalled that the question first became focused upon the attempt by the Colorado Water Quality Control Commission to require the City, and others, to institute expensive procedures for the removal of ammonia and chlorine. At that time the staff and the counsel correctly concluded that these very expensive and required processes were unwarranted, in that they would not contribute to the improvement of the quality of the stream. Our attempts to avoid these requirements have been successful only in part. At this point we have not obtained any formal modification of the requirements which the agency seeks to impose upon us; yet on the other hand we have successfully delayed the imposition of these requirements pending the adoption of new water quality standards, and the reclassification of the middle portion of the Platte River, including the Poudre and its tributaries. The new standards have been adopted, and the classification hearings for the Poudre are now scheduled for September, 1979. As Fort Collins was defending its position and developing data for future hearings, a consortium of interested entities evolved. As a result, we are now participating in regard to all of these matters with Greeley, Kodak, and Windsor. Our past experience has indicated that our interests are identical, that is to say: We all want to preserve the existing quality of the Poudre River and its tributaries, including the existing aquatic life; but we do not wish to have our citizens pay vast sums of money for exotic water treatments which do not effectively improve the quality of the waters, or the variety or health of the aquatic biota. -13- July 24, 1979 You will also recall that a basin wide, water Y quality management plan was developed through the Larimer &. Weld Regional Council of Governments, financed largely through federal funds, but with'contributions from the cities and counties of the area, and at a total cost of approximately $600,000. This comprehensive plan quite persuasively demonstrates the validity of the previously and presently held position of the City and the other members of the consortium. In preparing for the September hearing., it was felt that it was essential, both from the standpoint of the presentation of evidence and for political considerations, to assure that Fort Collins and the other cities and industries of the Poudre, and the Larimer & Weld 208 Committee, have a common view as to these water quality questions. To that end, a meeting was held on July 6, at which was represented the Fort Collins Drainage Board, the Fort Collins Water Board and representatives of the staff and management of the 208 planning committee. The purpose of the meeting was to arrive at a consensus as to a recommendation to be made to you concerning the position of the City of Fort Collins on these matters, in the expectation that, if the recommendation were followed by you, it would be consistent with the views of other cities and industries of the basin., and in con- formity with,the previously mentioned 208 plan. The meeting resulted in a unanimous view, constituting our recommendation, which we can state is generally consistent with the present.208 plan, economically acceptable to the City of Fort Collins, and politically desirable and defensible from all aesthetic, social and environmental concerns. Our recommendations areas follows: 1. Spring Creek: Generally speaking, the Water Quality Control Commission plans to specifically classify only the mainstems of the major streams: the Platte, the Poudre, the Tnompson, etc. Tributaries of ,those streams would then carry the same classification. Spring Creek appears to be the only exception.. For not very clear reasons, the Department of Health is recommending that Spring Creek be classified as a Class I cold water fishery. Such a classi- fication would appear to prohibit the City of Fort Collins from ultimately completing its long planned storm drainage program which involves the use of Spring Creek as a primary storm water carrier. The City staff is presently attempting to determine the exact cost of such a result, but we are confident that it would be in the millions of dollars. The removal of Spring Creek from such probable and necessary use, for the purpose of preserving it as a trout fishery, strikes all of us as indefensible. We recommend that the -14- July 24, 1979 City of Fort Collins support a stream classification for Spring Creek which would be consistent with the storm drainage system plans of the City of Fort.Collins, and resist any classification which is inconsistent with such use. 2. The upper reaches of the Poudre River: All agree that the upper reaches of the Poudre afford one of the fine streams of the area, and that the qualities of these waters should be preserved. The division of health proposes that the stream be classified as "high quality" waters. There are certain areas where this may well be an appropriate designation, for example, in the Rocky Mountain National Park. However, such a designation in other areas would impede the development of certain water storage projects, such as Rockwell Dam and Sheep Creek Reservoir, which are thought to be desirable for future water supplies. A designation of "high quality" allows the Commission to prohibit any such structures should it, upon review of the proposals, find them undesirable. There are sufficient hurdles to the building of any project to absolutely insure maintenance of the quality of the streams, and we do not feel that the additional burden of convincing the Water Quality Control Commission of their usefulness or necessity is desirable. The end result (that is the maintenance of the quality of the water) can be equally preserved by a designation as a Class I cold water fishery. The only substantial difference between the two classifications is that, in the latter, the Water Quality Control Commission is removed as an approving authority for our future projects. Our recommendation, therefore, is that the City of Fort Collins support water quality classifications on the upper Poudre such as will preserve the high quality of the waters, but which will also be consistent with the development and operation of future water projects of the City. 3. The Lower Poudre: The City's main historic argument with the Water Quality Control Commission has been concerning the use of the waters of the Poudre from just above Fort Collins to the confluence of the Poudre and the Platte. Some have urged that this be turned into a.trout stream, with a consequent requirement of the expenditure of approximately $20,000,000 for so-called tertiary treatment to remove such elements as ammonia and chlorine. Others have pointed out that the extensive use of the lower Poudre for agricultural purposes, and the consequent lack of con- tinuous flows of fresh water, and other factors, do not lend themselves to such a classification. The Larimer & Weld 208 plan confirms this latter conclusion. The proposed classification for the Poudre is Class II warm water fishery, which implies that the flow and stream bed conditions which I mentioned as limiting factors are recognized, and that the only purpose of effluent limitations for the lower Poudre will be to -15- July 24, 1979 preserve existing aquatic life (primarily carp). While there are those who question the desirabilty of losing sleep over the question of the future of the carp in the lower Poudre, most recognize that both the federal and state acts do require the maintenance of existing aquatic life; and it is also believed that, politically, no position could be justified which would call for the elimination of the species. We therefore recommend that the City of Fort Collins take the position that the classification and effluent limitations for the lower Poudre be such as will preserve the existing aquatic life, but resist attempts to control effluent discharges beyond the point necessary to accomplish this end as being aesthetically unnecessary, and economically indefensible. The position of the City of Fort Collins must be presented and defended at the September hearing. It is - accordingly necessary that Arthur March, as your counsel, and I as special counsel for the consortium, be advised as soon as possible as to the City's policy positions on these matters. Special Counsel, Arthur March Jr., reported that the hearing mentioned in the memorandum alluding to the hearing scheduled for September 13 and 14. The purpose of Special Counsel ap- pearing before the Council is to determine whether or not there ' are any questions, and the concerns of the City, regarding the storm drainage program of the City at Spring Creek. Attorney March reported further that the Water Board and the Storm Drainage Board have both studied the question and they have made recommendations regarding the City's position on the classification and effluent limitations for the lower Poudre. Councilwoman Gray made a motion, seconded by Councilman Wil- kinson, to endorse the stand taken by the Water Board and Storm Drainage Board and instruct Special Counsels accordingly, and authorize the Mayor to write any letters in support of that position. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. 16 a I July 24, 1979 Resolution Adopted Authorizing an Agreement with Black & Veatch to Complete Phase II of Engineering Study of Stream Classification and Ammonia Nitrogen Limits Following is the City Manager's memorandum on this item: Staff is requesting approval from Council for authorization to contract with Black 8, Veatch for conducting Phase II of an analysis and impact study, at an amount not to exceed $14,000, to determine what financial impact the possible EDA imposed standards on the classification of the Lower Poudre River might have on the City. For background information, Fort Collins was early in receiving grant money under the 1972 Clean Water Act for construction of wastewater treatment facilities. EPA imposed some questionable AW (advanced waste- water treatment) design requirements. Black & Veatch,, our consultants, wisely designed our new facility to accommodate EPA and the AWT yet use the same facility to accomodate 4 P4GD of additional secondary treatment capaci- ty if it was determined AWT was not beneficial. When the City Council was advised that AWT (nitirification in this case) and possible phosphorousremoval would annually cost the City $100,000 to $150,000 in increased operating costs, and further the City would lose 4 MGD of secondary capacity, the staff was instructed to challenge the State and EPA and seek reasonable stream limitations and operating costs. This has been going on now for 4 to 5 years. Finally the State is proposing new stream classifications (June 19, 1979) based on newly adopted stream standards. We should, now that specific stream classifications are proposed, along with stream standards, determine what financial impact the classification and standards have on the city. To do this,staff requested Black & Veatch to submit a proposal. The proposal was broken down into two phases: -17- Phase & Desc. I. Develop Facility and Operation Cost Data II. Analysis of Impacts of Proposed Un-ionized Ammonia Standards July 24, 1979 Max. Amount S 111 $14,000 A public hearing has been scheduled by the State for classifi- cation of the river for September 13 and 14, 1979. In order for Black & Veatch's findings to be included in the overall testimony to be presented. The work needs to be completed by Mid -August 1979. Due to the time constraints and the fact that Black & Veatch had to get started immediately, staff previously authorized the expenditure of $8,000 for Phase I of the study, rather than to bring the whole package to Council for approval. Phase II is over $10,000 and therefore requires Council approval. Staff recommends Council adopt the Resolution authorizing the funding for Phase II of the Engineering study (not to exceed $14.,000) and authorize the City Attorney to prepare an agree- ment to be executed by the City Manager and City Clerk. Staff will be present to answer any questions Council may have." Councilman St. Croix made a motion, seconded by Councilman Wilkinson, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wil- marth. Nays: None. THE MOTION CARRIED. Other Business 1. City Manager Arnold called Council's attention to the following news release: The Committee interviewed consulting firms for preparation of an airport master plan update. The committee will recommend to both Councils that the two City Managers be authorized to negotiate the details of a con- tract with the recommended firm, CH2M Hill of Denver. 1 1 -18- 1 I July 24, 1979 The Council Airport Committee solicited proposals from fifteen firms. Seven responded. Four were interviewed. The committee then decided to recommend the CH2M Hill firm as they appear to offer the best plan and resources to meet our needs. A final contract will be submitted back to the two Councils and the Federal Aviation Administration after negotiation. The work is expected to take from six to twelve months, although parts of the plan will be usable in sixty days. The plan will cost in the neighborhood of $40,000 subject to final negotiation. 2. City Manager Arnold then reported on the Street over -sizing costs for the following: (a) Replat of Lot 11, Von Vihl $ 7,534.00 Heights, First Preliminary. (b) Sundance Hills, Second $26,150.00 Phase Preliminary. (c) McClelland Commercial $12,667.00 Plaza Preliminary. ' (d) Warehouse 3 P.U.D. -0- Preliminary. (e) Silver Plume Preliminary P.U.D. $18,928.00 Council recessed at 3:20 p.m. to go to the work session portion of the agenda. The official meeting was reconvened at 4:15 p.m. Street Oversizina Fee Following is a memorandum from the City's Engineering Department: 1 -19- STREET OVERSIZING FEE BACKGROUND July 24, 1979 In the late 1960's the City policy with respect to street widths was the following: Arterial streets 80 ft. pavement Collector streets 60 ft. pavement Local streets 40 ft. pavement City participation was based upon the collector street - which meant that the City paid for costs of Street construction for widths in excess of 60 feet. The developer thus paid the full construction cost for all local and collector streets within subdivisions; the City participated in the cost of arterial street construction. In about 1974, the standard street widths and participation policy were revised. The new widths were: Arterial streets 60 ft. Collector streets 54 ft. Local streets 40 ft. City participation was revised so that the City paid for street construction costs in excess of 40 feet. The City then paid a portion of the construction cost of both collector and arterial streets in connection with new development. DEVELOPMENT OF FEE CONCE A. In developing the idea of a street oversizing fee, the first concept was based on the total cost of participation for a "typical" square mile. The cost of oversizing both arterial and collector streets was totaled; the total cost was then divided by the number of square feet of area in the mile to arrive at the rate per square foot to be paid by the developer as each parcel of land was subdivided and built upon. This approach left some difficulties, however. For instance, some ground is developed more intensively than other ground. Higher density residential development generates more traffic and thus more need for street oversizing than does low density development. Also, business, commercial and industrial develop- ment generates more traffic than residential. Thus, it would not be equitable to charge each type of development at the same rate per square foot. B. A second approach was taken to the development of the oversizing fee based upon dwelling units. From the Planning Office, it was determined that there are approximately 2,200 dwelling units in the average square mile of developed area, on about 600 acres 1 [I -20- July 24, 1979 of the 610 acres total; the remaining 40 acres encompasses commercial, parks, schools, churches, and other non-residen- tial development. The total cost of oversizing the arterial streets (one-half width) on the perimeter of the square mile is estimated at $423,400. The proportion of the oversizing expense associated with residential development is 94% (640 - 94%), or $398,000. The fee per dwelling unit is thus $398,000 2,200 dwelling units - $181 per dwelling unit. The cost of oversizing collector streets was not included in the above calculations. The reason is that the policy of other cities in the area, and the original Fort Collins policy was that the cost of oversizing collector streets is borne by the developer. The collector street is meant to serve the adjacent development by providing a route from individual neighborhood areas to the arterial street. The full cost should therefore be paid in connection with the development. C. A variation on the second approach would be to include the costs of both collector and arterial street oversizing in ' the fee. The calculation then becomes: $713,6(0.94) _ D. 2, 00 D.U. $305 per dwelling unit The cost of oversizing is still charged to the development; it is a question of how the charge is made. In the first example the fee is lower, $181, but the developer pays higher costs for street construction directly. In the second example, the fee is higher, $305 per unit, and the developer's direct cost is lower. In each case, the full cost of oversizing is charged to the development. RECOMMENDATION That a street oversizing fee be adopted by the City to cover the cost of oversizing streets in newly developing areas. The most equitable way to set up the fee from the developer's point of view would most likely be the concept of the $305 fee per dwelling unit. This provides the most equitable distribution of the cost of oversizing collector streets upon the development. In addition, it is recommended that the cost of all street oversizing adjacent to business, commercial and industrial development be paid in connection with such development and that the City not participate in the construction cost. -21- July 24, 1979 Director of Engineering Services, Roy Bingman, presented a schematic representation of Fee Concepts A, B and C. Council expressed individual concerns of the three alternatives relating to paying actual costs rather than the escalation, the need to tie charges to an index and the desire to pro- vide some relief in densities are lower. Mayor Bowling polled members of the Council on the alternatives which were as follows: Plan A Plan B - In favor Councilman Kross and Wilkinson. Plan C - In favor Councilmembers Bowling, Gray, Reeves, St. Croix and Wilmarth. Plan D City Manager Arnold stated the Ordinance will come back to City Council in early August. Executive Session Authorized Councilman Wilkinson made a motion, seconded by Councilman St. Croix, to adjourn into executive session for the purpose of discussing land acquisition and legal matters. Yeas: Coun- cilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson , and Wilmarth. Nays: None. THE MOTION CARRIED Resolution Adopted Authorizing Acquisition by Eminent Domain for Utilization as a Sludge Farm This resolution authorized the City to acquire property at the southwest corner of Prospect Road and I-25 for a City sludge disposal site. City Clerk Verna Lewis read the resolution at length. Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt the resolution. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. -22- a July 24, 1979 Contract With Black and Veatch to Perform Sludge Study Approved Following is a letter from Black and Veatch on this item: ' On June 14, 1979, you requested that Black & Veatch submit a more detailed task description and estimated staff requirement tabulation for the sub- ject sludge study. Accordingly, this letter provides the requested information and supersedes our earlier Black & Veatch letter of May 29, 1979. Enclosed with this letter are the following: 1. Task Description - Fort Collins Sludge Disposal Study: Moore Site. 2. Flow Diagram - Tasks. 3. Estimated Staff Requirements - Fort Collins Sludge Disposal Study. 4. EPA Form 5700-41 dated July 3, 1979. We propose to perform the study on a cost plus fixed fee basis, with monthly billings to the City. The estimated project cost is $31,574.97, as detailed on the enclosed 5700-41 Form. It should be noted that the ' basis for our cost reimbursement is salary cost times a direct salary overhead multiplier which is determined in accordance with EPA audit procedures, plus direct expenses at cost, plus a fixed fee. We propose to bill the City for 50 per cent of the fixed fee at the com- pletion of Task 302, Review of Alternatives with the City, and for an nclditional 40 per cent of the fixed fee, or a total of 90 per cent of the fixed fee, at the time of delivery of the draft report, Task 403. Final billing for 100 per cent of the fixed fee will be at project completion. If the above proposal is satisfactory to the City, please notify us at your earliest convenience. Very truly yours, BLACK & VEATCH Carl P. Houck I -23- July 24, 1979 Councilman Kross stated a similar study had recently been con- ducted for Canon City, and requested the engineers obtain a copy of this study. Councilwoman Gray made a motion, seconded by Councilman Wilkin- son, to approve the contract with Black and Veatch. Yeas: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkin- son and Wilmarth. Nays: None. THE MOTION CARRIED. Other Business (a). Councilman Wilmarth stated he would like to study the possibility of ordinance and perhaps Charter changes to authorize various Board and Commissions to have expanded powers. Councilmembers indicated they are in support of such a study. (b). Councilman Kross requested the administration prepare a fact sheet regarding the sales tax extension and revised budget to be made available to the general public. (c). Councilwoman Reeves again requested Council input re- garding Council of Governments funding. Adjournment The meeting was adjourned to July 31, 1979 at 1:00 p.m. The meeting was adjourned at 5:55 p.m. ATTEST: -24- 1 1