Loading...
HomeMy WebLinkAboutMINUTES-07/19/1983-RegularJuly 19, 1983 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, July 19, 1983, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Cassell, Elliott, Horak, Ohlson, and Rutstein. Secretary's Note: Councilmember Cassell arrived at 5:40 p.m. Councilmembers Absent: Clarke and Knezovich. Staff Members Present: Meitl, Caster, Huisjen, Lewis, Curt Smith, Mike Smith, Krempel. Agenda Review: City Manager ' No items were withdrawn from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #23, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of July 5 and the adJourned meeting of Ju y 12. 5. Second Reading of Ordinance No. 87, 1983, Vacating a Portion of an Alley Located in Block 4, Riverside Park Subdivision. The alley in Block 4, Riverside Park Subdivision, was vacated on July 9, 1925, except for the south eighty-five (85) feet. -337- July 19, 1983 The abutting properties (Simpson Sheetmetal on the west and Colorado Import Motors on the east) are desirous of improving their access to Hemlock Street and making some landscaping improvements to their common boundary. Since this alley goes nowhere and this Ordinance, which was unani- mously adopted on First Reading on July 5, will preserve an easement for utilities (Light and Power currently has an overhead primary line there), staff is recommending vacation of this alley. 6. Second Reading of Ordinance No. 88, 1983, Authorizing the City to Enter into an Agreement for the Lease/Purchase of Vehicl—es. In March 1983, Merit Finance was selected to provide financing for the lease/purchase of various City vehicles. They were selected based upon their low interest rate of 8.751%. Merit Finance is willing to extend this rate to purchase two additional vehicles -step van and cargo van -in July 1983. The City proposes in the ordinance, which was unanimously adopted on First Reading on July 5, to lease/purchase: QUANTITY 1 1 ITEM Step Van Cargo Van TOTAL COST $12,260 $ 9,250 GRAND TOTAL $21,510 7. Second Reading of Ordinance No. 89, 1983, Ap Reserves in the Sewer Fund for Purchase o the LIFE 4 years 4 years riating Prior Year maartner Property. This Ordinance which was adopted by a 5-1 vote on First Reading on July 5, 1983, appropriates prior year reserves in the Sewer Fund for purchase of the Baumgartner property, located immediately south of and adjacent to the City's sludge management farm. 8. Second Reading of Ordinance No. 93, 1983, Appropriating Unantici Revenue in the Larimer County Library Services Fun . This Ordinance was unanimously adopted on First Reading on July 5 and appropriates $25,578 in the Larimer County Library Services Fund. The contract with Larimer County for operation of the library program in the Larimer County jail provides for the $25,578 to be paid in quar- terly installments of $6,394.50 payable on March 1, June 1, September 1, and December 1. The City has already received payments one and two of this contract. -338- 11 July 19, 1983 Hearing and First Reading of Ordinance No. 94, 1983, Annexing Property Known as t e Sc nee er st Annexation. This is a request to annex 33.5 acres located east of Lemay Avenue north of Riverside Avenue. 10. Hearing and First Reading of Ordinance No. 95, 1983, Zoning Property Known as the Schnee er 1st Annexation. This is a request to zone 33.5 acres I-G, General Industrial, located east of Lemay Avenue and north of Riverside Avenue. 11. Hearing and First Reading of Ordinance No. 96, 1983, Appropriating Prior Year Reserves for the Department Incentive Program. The Department Incentive Program, adopted by City Council as part of the 1983 Annual Budget, was developed to provide incentives to depart- ments to reduce costs and implement economies while maintaining constant service levels. It provides an opportunity for departments to keep monies unspent in any program area from one year to the .next. . Departments did an excellent job of economizing in 1982 and actual savings were significant. 12. Routine Easements. The following are routine easements which have been reviewed and approved by the affected departments and legal staff: a) Cable Easement from the City to Mountain Bell. Mountain Bell has been working with the project manager for Rolland Moore Park concerning the placement of underground telephone cable. This easement is being granted to Mountain Bell to allow the instal- lation of underground cable to replace the original overhead lines which had crossed the park property. The agreed upon alignment is shown on the attached park site plan. The consi- deration paid by Mountain Bell to the City for this routine easement is $1. b) Deeds of Easement from Everitt Lumber Company and Everitt Enter- prises, Inc. for right-of-way needed for Harmony'Road Lemay Avenue Special Improvement District No. 78, located' south of Harmony Road. Engineering Professionals has been selected by Bucain Corporation and Everitt Enterprises to obtain right-of-way for the district. Right-of-way will eventually be obtained from ' a total of four property owners. Consideration for these two easements is $1 each. -339- July 19, 1983 Ordinances on Second Reading were read by title by Debbie Caster, City Clerk's Office. Item #5. Second Reading of Ordinance No. 87, 1983, Vacating a Portion of an Alley Located in Block , Riversi a Park Subdivision. Item #6. Second Reading of Ordinance No. 88, 1983, Authorizing the City Manager to Enter into an Agreement or the Lease Purchase of Ve is es. Item #7. Second Reading of Ordinance No. 89, 1983, Appropriating Prior Year Reserves in the Sewer Fund for Purchase of the Baumgartner 11 Item #8. Second Reading of Ordinance No. 93, 1983, Appropriating Unan- ticipatedRevenue in the arimer County Li rary ervices Fund. Ordinances on First Reading were read by title by Debbie Caster, City Clerk's Office. Item #9. Hearing and First Reading of Ordinance No. 94, 1983, Annexing Property Known as the Schneider 1st Annexation. ' Item #10. Hearing and First Reading of Ordinance No. 95, 1983, Zoning Property Known as the Schneider 1st Annexation. Item #11. Hearing and First Reading of Ordinance No. 96, 1983, Appropri- ating Prior Year Reserves for the Department Incentive Program. Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Elliott, Horak, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Items Relating to the Downtown Development Authority. Following is the staff's memorandum on this item: A. Second Reading of Ordinance No. 90, 1983, Appropriating Unanticipated Revenue in the D.D.A. Fund for the preparation of Architectural and Engineering Designs for a Downtown Parking Garage. The budget for the initial phases of the development of the parking garage is as follows: -340- July 19, 1983 Legal/Appraisal Fees $ 25,000 Design of Structure 125,000 Contingency (5%) 7,500 Administrative 4,000 Total $161,500 This ordinance was adopted on First Reading on July 5 by a 4-0 vote and appropriates Bond Anticipation Note proceeds to pay for this work and to cover the other costs associated with the garage development. Second Reading of Ordinance No. 91, 1983, Appropriating Unanticipated Revenue in the D.D.A. Fund for a Hotel/Convention Center Feasibility Study. This ordinance was adopted on First Reading by a 4-0 vote and appro- priates $25,000 from the $3.1 million BAN's for conducting a feasi- bility study and providing engineering services for the development of a hotel/convention center. Second Reading of Ordinance No. 92, 1983, Appropriating Unanticipated Revenue in the D.D.A. Fund.(Larimer County Employment Training Act Grant) . This ordinance was adopted on First Reading on July 5 by a 4-0 vote. The Downtown Development Authority has unanticipated revenue as a result of: 1) receiving a grant from the Larimer County Employment Training Act to develop the criteria and program for a downtown hotel/ convention center and, 2) the collection of fees for services provided by the DDA to various developers. The criteria and program for the development of a hotel/convention center in Fort Collins includes a selection of a developer; negotiations concerning site location, scope of facility, design, construction, time frames, financing terms and guarantees; determination of community benefits; and the holding of public hearings. For example, legal fees incurred by the DDA during negotiations are to be paid by developers. This new revenue will be primarily used for staff costs on the development of the hotel, legal fees and as contingency funds. Employment Training Act $21,280 Fees Charged 4,154 Total $25,434" Councilmember Ohlson noted he would abstain but remain present for discus- sion of these three items. -341- July 19, 1983 ' Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 90, 1983 on Second Reading. Yeas: Councilmembers Elliott, Horak, and Rutstein. Nays: None. (Councilmember Ohlson ab- stained) THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 91, 1983 on Second Reading. Councilmember Elliott asked what impacts the announcement by John Q. Hammons that he intends to build a Holiday Inn on West Prospect would have on this feasibility study. Downtown Development Authority Director Bill Kingsbury replied the study would consider that impact and would be a part of the consultant's report. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 91, 1983 on Second Reading was as follows: Yeas: Councilmembers Elliott, Horak, and Rutstein. Nays: None. (Councilmember Ohlson abstained) THE MOTION CARRIED. , Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 92, 1983 on Second Reading. Yeas: Rutstein, Elliott, and Horak. Nays: None. (Councilmember Ohlson abstained) THE MOTION CARRIED. Secretary's Note: Councilmember Cassell arrived at this point. Resolution Making Appointments to the Fort Collins -Loveland Airport Authority, Adopted Following is the staff's memorandum on this item: "In June, Council adopted Ordinance No. 74, 1983, creating the Fort Col- lins -Loveland Airport Authority for the purpose of operating and maintain- ing the Fort Collins -Loveland Airport. The Authority will be made up of three members appointed by the Fort Collins City Council and three members appointed by the Loveland City Council. At their July 5th meeting, Council, by motion, determined the composition of the Fort Collins representation on the Authority would consist of one I Councilmember and two citizens at large. -342- July 19, 1983 Applications were received from 22 persons interested in being appointed to the Authority to represent Fort Collins. Interviews were conducted by Barbara Rutstein and John Knezovich to screen the applicants. To qualify for appointment, applicants must live within the City limits and be tax- paying electors. As provided for by State statute, the appointed members of the Authority will draw lots to determine which half of the members will serve for initial two-year terms and which half will serve for four-year terms. In the future, the staggered terms will run for four years." Councilmember Rutstein spoke of the interview process conducted by Mayor Knezovich and herself. She noted their recommendation was that A.R. Chamberlain and Joseph E. Phillips be appointed to the Authority. She added the third member would be a Councilmember and could be selected at this meeting or on August 2 when the full Council is present. Assistant Mayor Horak stated he felt it would be better to wait until August 2 to appoint the third member since the full Council and the newly appointed Councilmember would be present. Councilmember Cassell made a motion, seconded by Councilmember Elliott, to approve Resolution 83-124 with the insertion of the two names recommended by Councilmember Rutstein and to bring a second Resolution on August 2 to appoint the third member of the Authority. Yeas: Councilmembers Cassell, Elliott, Horak, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Agreement with Black & Veatch Engineers for Services During Construction of Water Stabilization Facilities at WTP #1 and WTP #2, Not to Exceed $195,805, Adopted Following is the staff's memorandum on this item: "History of the Project: This project has two primary goals. The first is to correct the electro- chemically aggressive (corrosive) water conditions at both WTP #1 and WTP #2. The other is to remedy the alum carryover at WTP #1 which results in alum deposits within the water distribution system. -343- July 19, 1983 ' The first problem, corrosivity, is caused by the water source. Treated water produced from snowmelt sources is usually very soft and usually electrochemically aggressive. Staff is very much aware of these tendencies and has made periodic checks over the last several years for signs of corrosion in the water mains. However, very little corrosion has been witnessed on the dozens of pipe samples cut from water mains each year. In 1979 the Water Quality Division of the Water Utility was established. Creation and staffing of the division made more research possible. Renewed research relating to the corrosion tendency found that the aggressive water was attacking the customer's copper plumbing instead of the City's water mains. a) The quality of water first drawn from the tap after several hours of non-use is degraded due to relatively high dissolved metals, particularly copper, lead, iron and zinc depending on the plumbing materials used by the customer. The copper, iron and zinc create an aesthetic problem. The lead concen- tration is not in violation of the safe drinking water standards, but some samples show concentrations that are uncomfortably high. b) The cost of the corrosion is born by each customer in the ' form of a shortened useful life of water pipes, hot water heaters and appliances. c) The third spin-off is that copper is concentrated in the sludge produced at the Wastewater Treatment Plants. This sludge is to be "recovered" at the Resource Recovery Farm in the form of fertilizer. The useful life of the sludge farm was evaluated by Black & Veatch as a part of the sludge disposal design contract, and it was indicated that the potential useful life of the site due to accumulation of copper was 20 years. If the copper concentration in the water source (and ultimately the sludge) is reduced, that would extend the useful life of the farm. Copper deposited in the soil may also inhibit seed germination. The second problem, alum carryover at WTP#1, resulted from a change in treatment standards. The Safe Drinking Water Standards were changed in 1977 and included lowering the allowable treated water turbidity standards from 5 units (NTU) to 1.unit. The chemical dosages required to meet these new standards changed significantly. Additional alum was required which had the impact of lowering the pH of the water. Lowering the pH increased the corrosivity, and, consequently, more lime was required to return the pH to normal. But in the process of raising the pH back to normal, it resol- ' ublized some of the increased alum that had previously been added. When -344- ' July 19, 1983 this soluble alum (with very little buffering capacity left in the water) was subjected to final chlorination following filtration, a slight pH shift caused some alum to deposit in the transmission main. The alum carryover and subsequent deposition in the mains caused a very significant reduction in water conveyance capacity. The proposed project will relocate the point of lime addition to correct the problem. Evaluation of the Problem: After identifying these two problems, staff recommended that a study be the City Council authorized an agreement with a consultant in the summer of 1981 to study and make recommendations addressing these and various other deficiencies at WTP #1. The study identified processes and facilities needed to remedy the corrosion and alum carryover problems. In July 1982 the City Council authorized the same consultant to proceed with design of the necessary improvements as defined by the study. This decision to complete the design was made by City Council upon recommendation to do so by the Water Board, after extensive consideration of costs to the customer, health impacts and the knowledge that renovation or relocation of WTP #1 may occur as soon as 1986. Remedial Construction: ' The proposed construction to remedy the corrosion and alum problems in- cludes an addition to the filter building at WTP #1 and WTP #2 and exten- sive site work to improve the efficiency and safety of delivering chemicals to WTP #2. At WTP #1, a two story, 1300 sq. ft. addition will house chemical feed equipment for lime, sodium bicarbonate and the future addition of poly- phosphate. The first two additives reduce the corrosity of the water, the third additive (if necessary) will reduce the corrosion potential by protecting the pipe materials. At WTP #2, a single story, 1230 sq. ft. addition houses the same type of chemical feed facilities as found at WTP #1. The study has shown that water from Horsetooth Reservoir is more easily stabilized than the more variable waters from the Poudre River. The majority of the mechanical equipment installed at each plant will be interchangeable to minimize maintenance costs and stocking of spare parts. The mechanical equipment at WTP #1 is designed for easy relocation to the renovated or relocated plant anticipated in about 1986. The total cost of constructing this project is estimated to be $;1,520,000. The estimated project costs are shown on the last page of this document. The difficulty with making close estimates is currently compounded by the ' anticipated economic upswing and, therefore, warrants the somewhat higher than normal contingency for this project. -345- July 19, 1983 ' Three major impacts will be observed as a result of these improvements: a) The water quality will be improved by reducing the dissolved metals content of the water at the customers' tap. b) The conveyance capacity of the water mains affected by alum carryover can be permanently restored by cleaning operations. c) The useful life of the Resource Recovery Farm will be ex- tended significantly due to the lowered metal content in the water (and ultimately the sludge). Staff recommends proceeding with construction as soon as possible to minimize health, corrosion, and Resource Recovery Farm impacts. Engineering Services During Construction: The staff has spent many hours working with the design consultant to identify the scope of services required during construction and the level of support necessary. The level of service required on the project is higher than normal because the construction is essentially two small and intricate remodeling jobs, located at two different job sites 14 miles ' apart. The type of agreement proposed is for manpower costs plus overhead and expenses, with an upper limit. The services required of the consultant will be: • Review drawings and data submitted by the construction contractor e Administer the construction in the office and on site • Meet with the City concerning progress • Interpret the meaning of the contract documents, as necessary, and render decisions required by the contract documents • Hold regularly scheduled construction meetings with the contractor • Attend special meetings with City or other agencies at the request of City not to exceed 650 hours • Prepare change orders to the contract documents • Observe initial field tests of equipment • Revise drawings to conform to construction records ' -346- July 19, 1983 Consultant Selection Process: The consultant was selected for the study from a group of 10 highly quali- fied firms by the standard selection procedures outlined in the Capital Project Management/Control System (CPM/CS--this system of project manage- ment was prepared for and endorsed by the City Council in the fall of 1979). The CPM/CS recognizes the need for project continuity and includes the following language in the Contract Formulation and Administration Subsection on page 27a: "Consultants retained for conceptual or preliminary design work may be retained for subsequent design phases of the project without repeating the consultant selection procedure..." Although continuity through the construction phase is not specifically addressed in this portion of the manual, the need for continuity from design through construction has been recognized on many occasions by City Council. The initial study was authorized by City Council in Resolu- tion 81-69 of May 5, 1981. The consultant, in this instance, is Black & Veatch and the language contained in the background summary supporting the ' resolution authorizing the initial study reads: "The staff also recommends that Black & Veatch be contracted with, at the appropriate time, for all engineering services required for future phases of this project." The study was completed and City Council then authorized the next step, the design phase, in Resolution 82-88 on July 6, 1982. The language in the background summary supporting the resolution concerning the engineering design agreement contains the following language: "It was intended that the engineer selected would perform not only the study, but also any subsequent design work..." "This is in accordance with the initial intention to have one engineering firm be responsible for this continuing project, from the study phase through the construction phase." "Having more than one engineering firm involved in the inter- related segments of this project can only result in a dilution of the engineer's responsibility in addition to exposing the City to additional costs and headaches during the construction phase of the project." The City Attorney has advocated use of one engineer through design and ' construction because of the dilution of responsibility when more firms are -347- July 19, 1983 ' involved. The City's standard professional services agreement was used for the design phase, but after extensive discussion between staff and the consultant, a special supplemental agreement was prepared especially for this project to address the dilution of responsibility issue. The sub- stance of the supplement reads: "It is anticipated that the Engineer shall prepare and deliver a preliminary engineering report furnished under this Agreement and that after approval by the City of the report and the scope of services and level of reimbursement for detailed design services, the Engineer will be retained to perform detailed design ser- vices. In the event that the Engineer is not retained by the City to prepare the detailed design, plans and specifications and construction documents for this project, the within stated conditions of this contract that the design reports and drawings prepared and services rendered by the Engineer shall be suffi- cient for the purpose intended and shall be free from material defects shall be null and void and the City shall waive any right to proceed against the Engineer pursuant to said conditions. City Council was advised at the time the consultant was selected for the ' engineering study that staff may recommend continued use of the same consultant for design work and services during construction. The study was completed successfully and staff recommends we proceed with design using the same consultant. The design is complete and we now are recommending that the services during construction be performed by the same consultant. There are good reasons to use the competitive professional services selection process to get another consultant for service during con- struction. They include: • Selecting a different consultant may result in a "peer review" of the design. Costs would probably be higher, but the product may be an improved design. • The second consultant may offer to provide the same quality of service at a lower cost. This may be a result of the com- petitive process or because of the diffusion of responsibility that goes with introducing another party to the process. • The second consultant may be more objective when interpreting the meaning of the construction documents. We have already discussed some of the benefits of retaining the same consultant through the design phase. A summary of these reasons would I include: -348- IJuly 19, 1983 • Retaining the same consultant provides for continuity of design intent because the expertise involved in the design will be more available during construction. • Using the same consultant provides for continuity of responsi- bility and therefore the consultant has more interest in successful completion of the total project. A second consul- tant could not ethically take responsibility for work not performed under his direction. If more parties are involved, it will be more difficult to determine who is responsible for activities or problems. • Using the same consultant minimizes lost effort, confusion and expense when transitioning from design to construction. • The same consultant can help minimize costly communications problems between the design and construction professionals. • Improved opportunity for future work encourages the design professional toward better performance. The work and professionalism of Black & Veatch has been excellent through- out both the study and design. Black & Veatch has estimated the cost of the defined services to be $195,805. Staff has evaluated this fee and finds it to be competitive. Staff therefore strongly recommends continuing through the construction phase with services provided by Black & Veatch. Funding: Funding for the Construction Phase of this project was approved in the 1983 Capital Projects Program budget. The Construction Phase cost estimate of $1,592,000 includes the $195,805 for the professional services proposed herein. Currently, $1,592,000 is budgeted and available. Staff will evaluate the budget again after receipt of the construction bid." Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Resolution 83-125. Director of Operations Mike Smith gave a brief summary of the materials contained in the Council packet. Councilmember Horak asked if this work would result in a rate increase. Director of Operations Mike Smith replied that a rate increase would result both in 1983 and 1984. The amount of increase associated with this project ' would be approximately 4%. The rate increase in 1983 was 11.5% and 10% is projected for 1984. -349- July 19, 1983 The vote on Councilmember Elliott's motion to adopt Resolution 83-125 was as follows: Yeas: Councilmembers Cassell, Elliott, Horak, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into an Amended Agreement with Baller Livestock Company for the Purchase of Storage Capacity in the Meadow Creek Reservoir. Adopted Following is the staff's memorandum on this item: "Among the principal water policies of the City are: • Development and acquisition of new raw water sources. • Maximizing use of foreign water and the reuse of foreign water. • Providing for city water needs while minimizing the impact on I irrigated agriculture. Accordingly, Resolution 82-156, adopted at the November 9, 1982 City Council meeting, authorized the City Manager to enter into an agreement with Baller Livestock Company for the purpose of purchasing 1200 acre feet of storage capacity in the Meadow Creek Reservoir in Jackson County, Colorado. By releasing replacement water from this reservoir to the Michigan River, the City will be allowed to increase its diversion from the Michigan Ditch by an estimated 754 acre feet per year. Capacity in Meadow Creek Reservoir was offered to the City at $1100 per acre foot of net yield, or $829,400. The memorandum to City Council from me dated November 1, 1982 and the "Report on the Acquisition of Storage Rights in Meadow Creek Reservoir" by Michael Smith and Dennis Bode dated September 1982, gives considerable detail regarding this acquisition. (both attached). The agreement entered into with the Ballers contained a number of condi- tions which had to be met before the contract could be executed. Those conditions have been met with the exception of one which has been sub- stantially met; however, the Ballers were not able to obtain a sign -off from the State Engineer that satisfied the exact language of the agreement. This condition involved the construction of the reservoir and the possi- bility of future restrictions which couldreduce its usable capacity. You find the State letter attached. Because of this situation, City staff has , continued to seek an agreement which it believes to be equitable and meets -350- July 19, 1983 the needs of the City. As explained in the November 1, 1982 memo, there was concern about leakage through the Meadow Creek Dam. This condition has been extensively studied and monitored during the past year by Hydro -Triad, Ltd. Engineers. They have concluded the following: 1. From the water rights standpoint the quantity of water loss from the reservoir is not of concern. 2. From the structural integrity of the dam standpoint, there has been no evidence of any immediate danger of failure of the embank- ment or abutments due to the seepage condition that now exists. 3. The moderate hazard rating placed on the dam assumes the possi- bility of property damage in case of failure ( flooding of agri- cultural lands) but no loss of life would be envisioned. The staff believes there is some chance that the State Engineer may some- time in the future place a restriction on the amount of water stored in the reservoir. It is unlikely, however, that a restriction would require the maximum water level be'Iowered by any more than 10 or 15 feet. Since there is some risk of having the capacity restricted at some future time, staff believes the price should be reduced by about 10%. After negotiating with Ballers, the parties agreed to reduce the price from $829,400 to $745,000 or 10.2%. The acquisition of capacity in Meadow Creek Reservoir continues to appear desirable when considered in light of the City's raw water policies and other alternatives. It would allow the City to more fully utilize its Michigan Ditch and Joe Wright Reservoir facilities. It has reuse potential and would not take water from agricultural users in the Poudre Basin. An equivalent amount of CBT water with an average yield of .75 acre feet per unit, priced at $1300 per unit, would cost $1,307,000. Specific language regarding assurances from the State Engineer's office is being changed to reflect the assurances given in the June 2, 1983 letter from the State Engineer's office. Any other changes to the agreement are minor and of little significance. Although there is usually a certain amount of risk associated with a project of this nature, we believe the benefits outweigh the costs. The staff recommends that the revised agreement to purchase water storage capacity in Meadow Creek Reservoir be approved. The City Couuncil appropriated $829,400 for this acquisition in 1982. This money is being held in an interest -bearing account until negotiations have been completed and approved by the City Council. -351- 1 July 19, 1983 The attached memorandum to the City Council from Special Water Counsel Ward Fischer more fully describes all the conditions of closing on the Meadow Creek Reservoir water acquisition." Councilmember Cassell made a motion, seconded by Councilmember Ohlson, to adopt Resolution 83-126. Ward Fischer, attorney, reviewed the contract and noted it had been exe- cuted by the City in 1982. He stated it would have closed under the original conditions the contract specified except some things have come up that require slight modification of the contract. He described the back- ground of the original agreement and explained the proposed modifications. The vote on Councilmember Cassell's motion to adopt Resolution 83-126 was as follows: Yeas: Councilmembers Cassell, Elliott, Horak, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. City Attorney's Report ' City Attorney Huisjen noted he had distributed a memo relating to the LaForte Yamaha condemnation and the settlement that had been discussed in the past. He asked Council to evaluate and review this confidential memo. City Manager's Report Deputy City Manager Meitl reported on the "Free Ride Week" sponsored by Transfort June 6-13. He noted the week was a success with a 41% increase in total ridership over June, 1982. Deputy City Manager Meitl called Council's attention to the semi-annual report from the Fort Collins Railway Society relating to the trolley project. Councilmembers' Reports Councilmember Elliott reported on his recent trip to Fairfield, California to view the Anheuser-Busch plant. Councilmember Rutstein amplified on the Fairfield trip pointing out the I differences and similarities between that location and Fort Collins. -352- 1 July 19, 1983 Councilmember Ohlson reported on the town meeting chaired by Mayor Knezo- vich regarding the proposed MX missile sites in Wyoming and Nebraska. He noted Congressman Hank Brown had attended and added there would be con- tinued pressure on the Air Force to hold scoping hearings in Colorado. Assistant Mayor Horak reported that the University of Denver had consented to do a study to look at the feasibility of a trail system between LaPorte and Greeley. The study will be done over the next year. Assistant City Manager Verna Lewis reported one application had been received for the Council vacancy and reviewed the qualifications and procedure for filling the vacancy. Citizen Participation A. Proclamation Naming July 18-24 as The Quilts of Fort Collins Week was accepte y ary ou mit w o encourage everyone to see t e quilts exhibit at the Lincoln Center. B. Presentation of Certificate of Appreciation to the Fort Collins on DUI arrests. lice Chief Ralph Smith accepted the certificate of appreciation on behalf of the Police Department and described the program and procedures on DUI arrests. Annexations and Zonings Located in Northeast Fort Collins Following is the staff's memorandum on this item: "The following six agenda items, petitions for annexation and requests for zoning, are related. They are: A. Hearing and First Reading of Ordinance No. 97, 1983, Annexing approximately 164 acres known as East Vine Drive 6th Annexation. B. Hearing and First Reading of Ordinance No. 98, 1983, Zoning Property known as East Vine Drive 6th Annexation. C. Hearing and First Reading of Ordinance No. 99, 1983, Annexing approximately 500 acres known as East Vine Drive 7th Annexation. D. Hearing and First Reading of Ordinance No. 100, 1983, Zoning Property known as East Vine Drive 7th Annexation. -353- July 19, 1983 ' Hearing and First Reading of Ordinance No. 101, 1983, Annexing approximately 295 acres known as the Country Club East Annexation. Hearing and First Reading of Ordinance No. 102, 1983, Zoning property known as Country Club East Annexation. There have been a number of recent events which have encouraged development proposals in northeast Fort Collins and have stimulated additional requests in this vicinity. These events include: (1) the completion of the Lemay Avenue extension; (2) the approval of the alignment of Lemay Avenue north of Lincoln; (3) approval by the Planning and Zoning Board of final de- velopment proposals for Redwood Village PUD; (4) annexation of the Car- penter -McAleer property; and (5) the announcement of Anheuser-Busch's option on near -by properties. The Colorado statutory requirements for annexation and the annexation requirements mandated by the Intergovern- mental Agreement for properties within the Urban Growth Area, have also prompted recent annexation petitions. At the time of the Carpenter -McAleer Annexation proposal and the A-B announcement, property owners in the northeast approached the Planning Office for information regarding annexation and further development re- quirements. The Planning staff met with the property owners individually; ' discussed the unique aspect of their properties; and the elements that were common to all owners. The staff encouraged the owners who expressed interest in pursuing annexation to work together as a group to coordinate their engineering work; and submit their annexations in an aggregated form to be processed in the fewest number of parcels. The combined annexation requests can be processed in an orderly fashion. The three annexations were considered at one Planning and Zoning Board hearing and can be simi- larly considered as a group on first reading by City Council. Action on Second Reading will be done sequentially, which then meets all conti- guity requirements. This is the same procedure that was used for the five Trilby Heights Annexations. The following time schedule has been estab- lished for the Second Readings: August 2, 1983 Second Reading of Ordinance No. 97, 1983, Annexing approximately 164 acres known as East Vine Drive 6th Annexation. Second Reading of Ordinance No. 98, 1983, Zoning Property known as East Vine Drive 6th Annexation. August 16, 1983 Second Reading of Ordinance No. 99, 1983, Annexing approximately 500 acres known as East Vine Drive 7th Annexation. I -354- July 19, 1983 Second Reading of Ordinance No. 100, 1983, Zoning Property known as East Vine Drive 7th Annexation. September 6, 1983 Second Reading of Ordinance No. 101, 1983, Annexing approximately 295 acres known as the Country Club East Annexation. Second Reading of Ordinance No. 102, 1983, Zoning property known as Country Club East Annexation. The Planning staff has also discussed zoning options with each owner. The T-Transitional zone, which allows only the existing use at the time the property is annexed, was suggested as a reasonable zone for the property whose owners were actively farming. After numerous discussions with all owners, one owner declined annexation at this time, although adjacent property owners had sufficient land and number of owners to force annexation. The Planning staff recommended, when possible, that the annexations should by-pass the owner who prefers not to ' annex at this time." Planning and Development Director Curt Smith briefly reviewed the three annexation petitions and the three requests for zoning and noted the three annexations contained 959 acres of land. He noted all three annexations were 100% voluntary and were submitted consistent with the criteria of the Urban Growth Area, which stipulates that any property that is eligible to annex will be considered favorably for .annexation as long as it is within the UGA. The County will not consider any development on such a piece of land so the property owner would be in a state of "limbo" unless the City annexes it. Ordinance Annexing Approximately 164 Acres Known as East Vine Drive 6th Annexation, Adopted on First Reading Following is the staff's memorandum on this. item: "The applicants are seeking to annex approximately 163.9 acres of property located north of East Vine Drive and east of the Carpenter/McAleer Annexa- tion, east of Lemay Avenue. Approximately 133 acres of this annexation, the portion owned by East Vine Properties, lies immediately east of the Car- penter/McAleer Annexation. Approximately 20 acres of this annexation, the ' portion owned by Summitview Properties lies east of County Road 9E. The remaining 10.9 acres (approximately) of this annexation is made up by the -355- July 19, 1983 East Vine Drive right -of --way and property south of East Vine Drive owned by the Burlington Northern Railroad. This annexation achieves its one -sixth contiguity requirement with the boundaries of the City of Fort Collins through a common boundary with the Carpenter/McAleer Annexation. This annexation is a voluntary annexation in that 100% of the property owners of the area of annexation are in agreement with the annexation. Policies contained in the City's Land Use Policies Plan and City agreements with Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area indicate t e ity will annex property within theU.G.A. when such property meets the State of Colorado's statutory requirements for annexation. This annexation is in the service area of ELCO Water District and Boxelder Sewer District. The Planning and Zoning Board recommended annexation of the East Vine Drive 6th Annexation by a vote of 6-0 at their June 29, 1983 meeting. Second reading of the annexation ordinance is scheduled for August 2." ' Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 97, 1983 on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Property Known as East Vine Drive 6th Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "The applicants are seeking to zone approximately 163.9 acres of property located north of East Vine Drive and east of the Carpenter/McAleer Annexa- tion, east of Lemay Avenue. The requested zoning is T-Transitional. The T-Transitional zoning district was added to Chapter 118 of the Code of the .City of Fort Collins, commonly known as the zoning ordinance, in 1977. The district is used for properties which are in a transitional stage with regard to ultimate development. The T-Transitional zone is only applied at the property owner's request. The owners of property within this annexa- tion are East Vine Properties and Summitview Properties, c/o Jim Hesse, ' Managing Partner. -356- July 19, 1983 There are no uses by -right in the T-Transitional district, except uses on the property on the date the property was placed in the district. The owners of property zoned T-Transitional may request, at any time, the City remove the T-Transitional zoned property within sixty (60) days of the matter being considered by the Planning and Zoning Board. The term "transitional" applies only to the property's status in regard to ultimate development. The term is not meant to predetermine a certain type of land use traditionally used in classic zoning theory as a transition between potentially incompatible land uses, for example, medium density between low density and high density residential uses. The T-Transitional district is the only zoning district in which planned unit developments, as defined by Chapter 118-83, i.e., the Land Development Guidance System, are not a use by -right. The Planning and Zoning Board recommended zoning the East Vine Drive 6th Annexation T-Transitional by a vote of 6-0 at their June 29, 1983 meeting. This zoning Ordinance will be scheduled for second reading on August 2nd, ' to coincide with the second reading of the annexation Ordinance for the East Vine Drive 6th Annexation." Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 98, 1983 on First Reading. Councilmember Elliott asked what type of public input there was at the Planning and Zoning Board meetings. Director of Planning and Development Curt Smith noted the minutes of the meeting had been included in the packet and that the public input had been minimal with one individual speaking in opposition to the Country Club East zoning. The vote on Councilmember Elliott's motion to adopt Ordinance No. 98, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Elliott, Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Annexing Approximately 500 Acres Known as East Vine Drive 7th Annexation, Adopted on First Reading ' Following is the staff's memorandum on this item: -357- July 19, 1983 ' "The applicants are seeking to annex approximately 500.3 acres of property located north of East Vine Drive and on both sides of County Road 50. The area located east of County Road 9E and south of the Larimer and Weld Canal is not part of this annexation request. A small portion of this annexa- tion, approximately 24 acres in size, owned by Howard I. Holtzinger, et al., is located north of County Road 50 and east of County Road 11. Approximately 350 acres of this annexation, the portion on both sides of County Road 9E, north of the Larimer and Weld Canal and south of County Road 50, is owned by K & M Company, approximately 123 acres of this annexa- tion, located north of East Vine Drive, west of County Road 9E and south of the Larimer and Weld Canal, is owned by Summitview Properties. The re- maining 3.3 acres (approximately) of this annexation is made up by the East Vine Drive right-of-way and property south of East Vine Drive owned by the Burlington Northern Railroad. This annexation will achieve its one - sixth contiguity requirement with the boundaries of the City of Fort Collins when the City Council approved the East Vine Drive 6th Annexation. This annexation is a voluntary annexation in that 100% of the property owners of the area of annexation are in agreement with the annexation. The policies contained in the City's Land Use Policies Plan and City agreements with Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area indicate the City will annex pro- ' perty within the U.G.A. when suc property meets the State of Colorado's statutory requirements for annexation. This annexation is in the service area of ELCO Water District and Boxelder Sewer District. The Planning and Zoning Board recommended approval of East Vine Drive 7th Annexation by a vote of 5-1 at their June 29, 1983 meeting. Mr. Ross voted negatively because he objected to the Holtzinger property being "tied on" to this annexation rather than being submitted as a separate annexation. Second reading of the annexation ordinance is scheduled for August 16th." Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 99, 1983 on First Reading. Councilmember Rutstein commented she was voting against these items because she felt there were undeveloped lands within the City suitable for indus- trial and residential development and that these annexations were not in an orderly development pattern. She expressed the hope that annexations would be contiguous to developed land to prove the need for more housing and industrial development. Assistant Mayor Horak pointed out that if -the City did not annex land that proposed to annex voluntarily, the City would be in violation of the UGA I agreement. -358- July 19, 1983 The vote on Councilmember Elliott's motion to adopt Ordinance No. 99, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Elliott, Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Property Known as East Vine Drive 7th Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "The applicants are seeking to zone approximately 476.3 acres of property located north of East Vine Drive and on both sides of County Road 50. The requested zoning for this property is T-Transitional. A small portion of this annexation, approximately 24 acres in size, is located north of County Road 50 and east of County Road 11. The requested zoning for this property is R-L-P, Low Density Planned Residential. The T-Transitional zoning district was added to Chapter 118 of the Code of the City of Fort Collins, commonly known as the zoning ordinance, in 1977. The district is used for properties which are in a transitional stage with regard to ultimate development. The T-Transitional zone is only applied at property owner's request. The owners of property within this annexation requesting to be zoned T-Transitional are K & M Cmmpany, c/o John R. Moore, Managing Partner and Summitview Properties, c/o Jim Hesse, Managing Part- ner. K & M Company is requesting a condition be placed on their T zoning to better define the uses which existed at the time the property was placed in the T zone. There are no uses by -right in the T-Transitional district, except uses on the property on the date the property was placed in the district. There is an addendum considered part of the K & M Company annexation petition and a condition of the zoning request request which defines which uses existed on the property at the time it was placed in the T-Transitional zone (see attached addendum). The owners of property zoned T-Transitional may request, at any time, the City remove the T zoning and place it into another zoning district. The City must rezone T-Transitional zoned pro- perty within sixty (60) days of the matter being considered by the Planning and Zoning Board. The term "transitional" applies only to the property status in regard to ultimate development. The term is not meant to predetermine a certain type of land use traditionally used in classic zoning theory as a transition between potentially incompatible land uses, for example, medium density ' between low density and high density residential uses. -359- July 19, 1983 ' The T-Transitional district is the only zoning district in which planned unit developments, as defined by Chapter 118-83, in the Land Development Guidance System, are not a use by -right. The requested zoning for the portion of this annexation located north of County Road 50 and east of County Road 11 is R-L-P, Low Density Planned Residential. The owners of this property are Howard I. Holtzinger, et al. Since the adoption of the Land Use Guidance System, there is essentially no difference between the R-L-P and R-L, Low Density Residential, zoning districts. Both zones allow single family subdivisions or any use pro- cessed and approved as a planned unit development. Conditioning property zoned in the R-L-P district to be developed as a planned unit development requires all development proposals on that property to use the Land Development Guidance System. The Planning and Zoning Board recommended approval of the T-Transitional zoning for the Summitview area; t-transitional with conditions for the K & M Properties and R-L-P conditional for the Holtzinger property by a vote of 6-0 at their June 29, 1983 meeting. ' This zoning ordinance will be scheduled for Second Reading on August 16th, to coincide with the Second Reading of the Annexation Ordinance for the East Vine Drive 7th Annexation." Councilmember Cassell made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 100, 1983 on First Reading. Yeas: Councilmembers Cassell, Elliott, Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Annexing Approximately 295 Acres Known as the Country Club East Annexation, Adopted on First Readinq Following is the staff's memorandum on this item: "The applicants are seeking to annex approximately 294.7 acres of property located north of County Road 50, east of County Road 11, and south of County Road 52. The northern half (approximately) of the property is owned by Globe Homes, Ltd., while the southern half is owned by Howard I. Holt - zinger, et al., This annexation will achieve its one -sixth contiguity requirements with the boundaries of the City of Fort Collins when the City Council approves the East Vine Drive 7th Annexation. I -360- ' July 19, 1983 This annexation is a voluntary annexation in that 100% of the property owners of the area of annexation are in agreement with the annexation. Policies contained in the City's Land Use Policies Plan and City agreements with Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area indicate the City will annex property within the U.G.A. when such property meets the State of Colorado's statutory requirements for annexation. This annexation is in the service area of ELCO Water District and Boxelder Sewer District. The Fort Collins Parks and Recreation Department indicates the long range parks plan calls for a potential community park of between 50 to 100 acres in the general area of this annexation. There are presently two County approved master plans on the subject pro- perty. When annexed, both master plans will cease to exist in terms of providing publicly approved future land planning guidance of the property. Master plans will need to be resubmitted through the City Planning process. The City will, however', have to accept the Nineteenth Green PUD, Phase 1, ' subdivision plat for 58-units. The acceptance of this plan includes the requirements imposed by the County as a condition of approval which extend to January, 1984. If Phase 1 is not started before January, 1984, develop- ment requirements would have to be renegotiated. The Planning and Zoning Board recommended approval of the Country Club East Annexation at their meeting of June 29, 1983 by a vote of 5-0 (Ross ab- stained). Second Reading of the annexation ordinance will be scheduled for September 6th." Council member Ohl son made a motion, seconded by Council member Cassell, to adopt Ordinance No. 101, 1983 on First Reading. Councilmember Rutstein asked for an explanation on the County requirements imposed as a condition of approval. Director of Planning and Development Curt Smith replied the basic require- ment dealt with street improvements. The County imposed a condition on the 19th Green PUD that requires a developer to pay a fee of $500 per unit toward improvements of the arterial street system. That condition has been accepted in lieu of imposing new conditions on the property. That only applies to the preliminary phase of the 19th Green, involving two small tracts. If the owner chose to replat that phase the City would apply its ' own development standards. -361- 1 July 19, 1983 Gary Boyack, 2109 North County Road #11, commented that he was in agreement with -Council member Rutstein with regard to how the City is growing within the Urban Growth Area. He asked how County Road #11 improvements would be paid for. Director of Planning and Development Curt Smith replied the City's policy is that the developer would provide the design of the road to City stand- ards at developers' cost. The developer then builds the road and is reimbursed from the City for the difference between the local share of the street and any oversizing to a collector or arterial street. The funds for City participation are generated from development fees paid by residential, commercial, and industrial developers. He added that when an improvement is made adjacent to existing property, the normal policy of the City has been to assess each property a front footage cost of a local street with the City picking up the difference. Since it is unlikely the City will annex the area where Mr. Boyack's house is located, close coordination with the County and participation by the property owners will have to take place before significant improvements are made. The vote on Councilmember Ohlson's motion to adopt Ordinance No. 101, 1983 on First Reading was as follows: Yeas: Councilmembers Cassell, Elliott, ' Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Ordinance Zoning Property Known as Country Club East Annexation, Adopted on First Reading Following is the staff's memorandum on this item: "The applicants are seeking to zone approximately 294.7 acres located north of County Road 50, east of County Road 11, and south of County Road 52. The requested zoning is R-L-P, Low Density Planned Residential. The northern half (approximately) of the property is owned by Globe Homes, Ltd., c/o Parmer Gillespie, and the southern half is owned by Howard I. Holtzinger, et al. Since the adoption of the Land Development Guidance System, there is essentially no difference between the R- -P an R-L, Low Density Residen- tial, zoning districts. Both zones allow single family subdivisions or any use processed and approved as a planned unit development. Conditioning property zoned in the R-L-P district to be developed as a planned unit development requires all development proposals on that property to use the Land Development Guidance System. ' -362- July 19, 1983 There are presently two County approved master plans on the subject pro- perty. When annexed both master plans will cease to exist in terms of providing publicly approved future land use planning guidance of the property. Master plans will need to be resubmitted through the City's planning process. The City will, however, have to accept the Nineteenth Green PUD, Phase 1, subdivision plat for 58-units. The acceptance of this plat includes the requirements imposed by the County as a condition of appoval which extend to January, 1984. If Phase 1 is not started before January, 1984, develop- ment requirements would be have to be renegotiated. The Planning and Zoning Board voted to recommend approval of the R-L-P zoning with the condition that the property be developed as a planned unit development at their June 29, 1983 meeting by a vote of 5-0. (Ross ab- stained.) This zoning ordinance will be scheduled for second reading on September 6th to coincide with the second reading of the annexation ordinance for the Country Club East Annexation." Councilmember Elliott made a motion, seconded by Councilmember Cassell, to adopt Ordinance No. 102, 1983 on First Reading. Yeas: Councilmembers ' Cassell, Elliott, Horak, and Ohlson. Nays: Councilmember Rutstein. THE MOTION CARRIED. Other Business Councilmember Cassell thanked Council and staff for their support during his tenure as Councilmember. He encouraged Council to attempt to keep in mind the wishes of the people in District 4 when appointing his replace- ment. He spoke of the importance of Council functioning as a team rather than each member pursuing his or her own personal interests. Deputy City Manager Meitl spoke of the social services and day care faci- lity report Council had requested. Assistant Mayor Horak stated he had read the recommendation which was to take the issue back to the CDBG Steering Committee and come back to Council with their recommendation. He noted he would like to see the item come back as an agenda item on August 2 or 16 so the interested agencies have the opportunity to discuss the issue. Adjournment ' Councilmember Cassell made a motion, seconded by Assistant Mayor Horak, -363- July 19, 1983 ' to adjourn the meeting. Yeas: Councilmembers Cassell, Elliott, Horak, Ohlson, and Rutstein. Nays: None. The meeting adjourned at 8:35 p.m. A$3I5IA"' Mayor ` AATTTTTEiSTT::lA City Clerk ' -364- 1