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HomeMy WebLinkAboutMINUTES-12/16/1997-RegularDecember 16, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 16, 1997, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Staff Members Present: Fischbach, Krajicek, Roy. Agenda Review City Manager John Fischbach withdrew Items 9, Second Reading of Ordinance No. 194, 1997, Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney, 910, Second Reading of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager, 411, Second Reading of Ordinance No. 196, 1997, Amending Section 2-606 of the City Code crud Setting the Compensation of the Municipal Judge, and 912, First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project, from the Consent Agenda for discussion. He reported that Item #17, Resolution 97-157 Making Appointments to Various Boards and Commissions, was revised and in Council's "Read Before the Meeting" folder. ***CONSENT CALENDAR*** 7. Second Readine of Ordinance No 192, 1997 Designating the Armstrong Hotel 249-261 South College Avenue and 102-106 West Olive Street as a Local Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 192, 1997, which was unanimously adopted on First Reading on December 2, 1997, designates the Armstrong Hotel as a local landmark. The building is significant for both its architectural and historical importance. It is an outstanding example of early Twentieth Century hotel architecture and retains excellent physical integrity. It is also historically significant for its direct association with the boom in automobile tourism, as well as for its association with the development of the College Avenue commercial district of Fort Collins. 234 December 16, 1997 8. Second Reading of Ordinance No. 193, 1997, Granting Easements to Wonderland Hill Development Company in Connection with Martinez PUD. Ordinance No. 193, 1997, which was unanimously adopted on First Reading on December 2, 1997, dedicates to Wonderland Hill Development Company four (4) easements on Lee Martinez Park property that are necessary for the development of Martinez PUD, which was approved by the Planning and Zoning Board on November 6, 1997. 9. Second Reading of Ordinance No. 194, 1997, Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance, which was unanimously adopted on First Reading on December 2, 1997, establishes the 1998 salary and compensation of the City Attorney. 10. Second Reading of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager. City Council met in Executive Session to conduct the performance appraisal of City Manager John Fischbach. This Ordinance, which was unanimously adopted on December 2, 1997, establishes the salary and compensation provided the City Manager. 11. Second Reading of Ordinance No. 196, 1997, Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge. City Council met in Executive Session to conduct the performance appraisal of Municipal Judge Kathleen M. Lane. This Ordinance, which was unanimously adopted on First Reading on December 2, 1997, establishes the 1998 salary and compensation of the Municipal Judge. 12. First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project. Last month, Kiewit Western submitted its bid for the remaining work on the Timberline Extension. The bid was $300,000 less than the engineer's estimate and $185,000 less than the estimate provided by an independent estimating consultant hired by the City in connection with this project. Prior to Kiewit's November I 1 bid, cost projections indicated that the Timberline project would require an appropriation of an additional $1,190,000. As a result of Kiewit's bid, the additional amount needed has been reduced by $300,000. Engineering staff, Kiewit, and 235 December 16, 1997 the independent estimating consultant met prior to the bid to examine possible cost reductions. Through this process, the group discovered many cost reductions that could result from better construction methods, and more cost effective materials, as well as opportunities to reduce subcontractor costs. Staff believes that Kiewit's bid is very competitive and that Kiewit will construct a high quality project. Kiewit Wester is currently putting forth every effort to open Timberline Road ahead of the scheduled Fall `98 completion. Staff recommends funding the needed $890,000 (which includes $500,000 for contingency) using approximately $548,000 from the Completed Project Savings and $342,000 from the Choices 95 Fund. This will leave a balance of $862,000 in the Choices 95 Fund. 13. First Reading of Ordinance No 198, 1997, Authorizing the Mayor to Execute a Deed of Convevance in Favor of Colorado Department of Transportation for Part of the East Vine Streets Property. In 1993 the City purchased a 32-acre site at Vine and Lemay for use as offices, fleet maintenance, garages, and equipment storage for the Streets Department. Transportation Fund reserves paid for all property acquisition and HUTF moneys pay for debt service payments for improvements. The 2.5 acres being sold to CDOT are currently leased to Advanced Drainage Systems for storage of plastic pipe and equipment which is moving to another location. The City's acquisition of right-of-way from CDOT for Redwood is necessary to expand the roadway to collector status and to connect Redwood to Linden Street as shown on the Master Street Plan. CDOT wants to purchase the City property for a new maintenance facility, which is compatible with the Streets Department facility usage. The Streets Department and CDOT will continue to share ice slicer/sand/salt storage facilities and materials at this location. 14. First Readine of Ordinance No. 199. 1997, Authorizing a Lease Agreement Between the City and Twice the Ice. Inc.. for the Use of Certain City Property at EPIC For the Sale of Advertising Space. This Ordinance would authorize the City to enter into an Agreement with Twice the Ice to grant to the group the right to use the ice resurfacer and designated sections of the dasher boards at the City's Edora Pool Ice Center for the installation of advertising, which Twice the Ice will arrange, to raise funds for a second sheet of ice at EPIC. Under Section 23-114 of the City Code the Council is authorized to lease any interests in real property owned in the name of the City, provided that Council first finds that the lease is in the best interests of the City. 236 December 16, 1997 15. First Reading of Ordinance No 200, 1997, Fixing Ratifying and Affirming a Telephone Exchange Access Facility Charge for the I.arimer Emergency Telephone Authority for Wireless Telephone Service. In 1990 the Larimer Emergency Telephone Authority (L.E.T.A.) was created pursuant to Colorado Revised Statute Section 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen other governmental entities in Larimer County. In its most recent regular session, the Colorado legislature enacted Senate Bill 97-132 recognizing the increasing number of wireless telephone service users, and allowing local E-911 boards and their governing bodies to adopt access facility charges for wireless service users in a manner and in an amount consistent with the current telephone exchange access facility charge ($.45 per month). At the most recent L.E.T.A. board meeting, it was decided that in light of the increasing number of wireless telephone users, and the need to identify and locate those calling the E-911 centers, that a telephone exchange access facility charge should be established. This fee will help pay for the new technology needed to locate wireless telephone users who call E-911 centers during emergencies. 16. Resolution 97-156 Stating the City's Intent to Not Act as a Reviewing Entity for the Colorado Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation Projects for 1998. As a Certified Local Government, Fort Collins has the opportunity each year to choose to be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next calendar year. The City Council must adopt a resolution stating whether or not it intends to take on this responsibility in the next year. On April 22 the Landmark Preservation Commission discussed this function and made the decision to recommend that the City decline the reviewing entity function for the Colorado Historic Preservation Income Tax Credit in 1998. The basis for the recommendation to not act as reviewing entity for the next year is twofold. First, the staff resources needed to administer the State's program have steadily grown as the tax credits have become more popular, and as a result has taken staff resources away from other, higher priority local Preservation activities. Second, the Tax Credit Program contains some requirements which the City has no control over, but yet has created discord for both the City and applicants. The Landmark Preservation Commission and City staff believe that the "costs" outweigh the "benefits" of continuing to assume the review authority. 17. Resolution 97-157 Making Appointments to Various Boards and Commissions. This Resolution makes appointments to various boards and commissions to fill vacancies due to resignations of board members. 237 December 16, 1997 A vacancy currently exists on the Housing Authority (Community Advisor position) due to the vacancy created by Jeff Taylor's appointment from Community Advisor to a voting member of the Housing Authority. Applications were solicited and interviews were conducted. Councilmembers Warmer and Bertschy are recommending Sister Mary Garcia fill the vacancy with a term to begin immediately and to expire June 30, 1999. A vacancy currently exists on the Library Board due to the resignation of Joanne Monath. Applications were solicited, interviews are being scheduled with Councilmembers Kneeland and Byrne, and a recommendation will be inserted in a Resolution in Council's "Read Before the Meeting" packets on December 16. Said recommendation will begin immediately with a term to expire June 30, 2001. A vacancy will exist on the Landmark Preservation Commission on December 31 due to the resignation of Diana Ross. Councilmembers Mason and Kneeland reviewed the applications on file and are recommending Rande Pouppirt to fill the vacancy with a term to begin January 1, 1998 and to expire June 30, 2000. A vacancy will also exist on the Senior Advisory Board on December 31 due to the resignation of Jill Taylor. Councilmembers Azari and Kneeland reviewed the applications on file and are recommending Christina Ulrich to fill the vacancy with a term to begin January 1, 1998 and to expire June 30, 1998. 18. Routine Deeds and Easements. A. Deed of Easement from Don Skaggs to install new underground streetlight service, located at 2005-2007 Spring Court. Monetary consideration: $10. B. Quit Claim Deed from CDL Partnerships for a detention pond, 3.08 acres located in Dakota Ridge PUD, Second Filing. Storm Drainage will accept responsibility for maintenance. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 192, 1997, Desi *n�, atine the Armstrong Hotel, 249-261 South College Avenue and 102-106 West Olive Street, as a Local Landmark Pursuant to Chapter 14 of the City Code. 8. Second Reading of Ordinance No 193, 1997 Granting Easements to Wonderland Hill Development Company in Connection with Martinez PUD 9. Second Reading of Ordinance No 194, 1997 Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. 238 December 16, 1997 10. Second Readine of Ordinance No. 195, 1997, Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager. 11: Second Readine of Ordinance No. 196, 1997, Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge_ Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. First Reading of Ordinance No. 197, 1997, Appropriating Prior Year Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project. 13. First Reading of Ordinance No. 198, 1997, Authorizing the Mayor to Execute a Deed of Conveyance in Favor of Colorado Department of Transportation for Part of the East Vine Streets Property. 14. First Readina of Ordinance No. 199, 1997, Authorizine a Lease Aereement Between the Citv and Twice the Ice. Inc.. for the Use of Certain City Property at EPIC For the Sale of Advertising Space. 15. First Reading of Ordinance No. 200, 1997, Fixing Ratifying and Affirming a Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority for Wireless Telephone Service. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Police Services Communication Manager Mary Moore gave a brief presentation on Item #15, First Reading of Ordinance No. 200, 1997, Fixing, Rating and Affirming a Telephone Exchange Access Facility Charge for the Lorimer Emergency Telephone Authority for Wireless Telephone Service, which was approved by adoption of the Consent Agenda. She spoke of the importance the improvement was to the 911 system. Councilmember Reports Councilmember Smith reported the Lincoln Land Institute Conference was held in Fort Collins , noting the discussions included: university and community partnerships; rural and urban 239 December 16, 1997 partnerships; cooperation among local governments; cooperation among builders, residents and local governments; and cooperation between industry and government. Councilmember Bertschy commented on the workshops which were held at the above mentioned conference and of the importance of regional cooperation. Councilmember Mason reported on a recent Legislative Review Committee noting the Committee discussed the Endangered Species Act and land use and takings Bills. He stated the Internet Commerce Bill was discussedand the possibility of exempting all commerce over the Internet from sales tax. He stated the Growth Management Committee met and discussed with Latimer County a sub -area plan for the I-25 Corridor, and requirements for Big Box standards within the Urban Growth Area. Councilmember Byrne stated the Poudre R-1 Liaison Committee met and discussed items regarding joint use facilities and youth activities. He stated CSU owns and has plans for using the Youth Activity Center in the future and stated the Committee discussed various options for another location. He reported the Committee and the School District is discussing the possible need for "flag pole" annexations for a number of schools located near City limit boundaries for increased police protection. Councilmember Wanner reported the Organizational Development Committee met and discussed the City Center Plan and the parking garage that is to be constructed in conjunction with the Latimer County Justice Center. He reported they also discussed the Downtown Transportation Center. Ordinance No. 194, 1997 Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance, which was unanimously adopted on First Reading on December 2, 1997, establishes the 1998 salary and compensation of the City Attorney. " Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 194, 1997 on Second Reading. Mayor Azari commented she was not in attendance during First Reading of the compensation ordinances and requested they be withdrawn from the Consent Agenda on Second Reading so that she could comment. She expressed her appreciation for the work of Steve Roy and spoke of the quality of his performance. 240 December 16, 1997 The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 195,1997 Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager, Adopted on Second Reading. The following is staff's memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of City Manager John Fischbach. This Ordinance, which was unanimously adopted on December 2, 1997, establishes the salary and compensation provided the City Manager. " Councilmember Mason made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 195, 1997 on Second Reading. Mayor Azari spoke of the difficulty in managing a City and of the excellent leadership Mr. Fischbach provides the citizenry. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED Ordinance No. 196, 1997 Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal fudge Adopted on Second Reading_ The following is staff's memorandum on this item. City Council met in Executive Session to conduct the performance appraisal of Municipal Judge Kathleen M Lane. This Ordinance, which was unanimously adopted on First Reading on December 2, 1997, establishes the 1998 salary and compensation of the Municipal Judge. " Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 196, 1997 on Second Reading. Mayor Azari thanked Judge Lane for representing the City and commended her on hard work. 241 December 16, 1997 The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 197, 1997 Appropriating Prior Year Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Capital Projects for the Purpose of Providing Additional Funds for the Choices 95 Timberline Extension Capital Project Adopted on First Reading_ The following is staffs memorandum on this item. "Financial Impact The current budget for the Timberline Extension is S7.58 million. Current cost projections, which include S500, 000 in contingency, show the need for an additional S890, 000 to complete the project. This Ordinance appropriates an additional S890, 000 for the construction of the Choices 95 Timberline Extension Project. Staff has identified S1,752,000 in capital project savings and unanticipated revenue, a portion of which will cover the S890, 000. This will leave a balance of S862, 000 in the Choices 95 Fund. E.recutive Sunrnmry Last month, Kiewit Western submitted its bid for the remaining work on the Timberline Extension. The bid was S300, 000 less than the engineer's estimate and $185, 000 less than the estimate provided by an independent estimating consultant hired by the City in connection with this project. Prior to Kiewit's November 11 bid, cost projections indicated that the Timberline project would require an appropriation of an additional S1,190,000. As a result of Kiewit's bid, the additional amount needed has been reduced by S300, 000. Engineering staff, Kiewit, and the independent estimating consultant met prior to the bid to examine possible cost reductions. Through this process, the group discovered many cost reductions that could result from better construction methods, and more cost effective materials, as well as opportunities to reduce subcontractor costs. Staff believes that Kiewit's bid is very competitive and that Kiewit will construct a high quality project. Kiewit Wester is currently putting forth every effort to open Timberline Road ahead of the scheduled Fall `98 completion. Staff recommendsfinding rnding the needed $890, 000 (which includes S500, 000 for contingency) using approximately S548, 000 from the Completed Project Savings and S342, 000 from the Choices 95 Fund. This will leave a balance ofS862,000 in the Choices 95 Fund. 242 December 16, 1997 BACKGROUND: In March 1997, Council authorized the final design and construction of Timberline. At that time cost projections showed the budget for the entire project to be short approximately S500, 000. In response to input received during the extensive public participation process for this project, more than 51,300, 000 in enhancements were added to the project scope to meet community needs. The major additions to the project scope are: Sidewalks Street Lights Poudre Trail Detour 21 ' of Add 7 ROW Width Four Lanes at Mulberry Airport Runway Extension 70' Longer Poudre Bridge Bridge Enhancements Un d e r g r o u n d i n g Powerlines In May, Kiewit Western Inc., was selected as the general contractor for the project. Kiewit's project superintendent and supervisors worked with the design team over the summer as the team finished the plans for Phase 1 of the project. Many significant cost savings were identified due to construction efficiencies and use of more cost effective materials. In August, the City awarded Kiewit the contract for Phase I of the project and construction began immediately. Phase I work included: Downtown Airport runway extension; Mulberry Street detour; Poudre River Trail detour; irrigation ditch siphon under the Dry Creek Channel and Timberline; Poudre River Bridge; hard road; 24" waterline installation; and excavation of the conveyance channel. Kiewit has completed Phase 1, with the exception of the Poudre River Bridge which will be completed in March. Front September through mid -November Kiewit worked with the design team on the final plans for Phase IL Phase II work includes construction of Timberline Road; Dry Creek Channel; Poudre River Trail; Mulberry Bridge; Lincoln Avenue Bridge; Lake Canal box culvert extension; storm drainage improvements; levee; conveyance channel; utility relocations; seeding and landscaping. Many significant cost savings were identified resulting in a savings of S300, 000 for the Timberline Extension portion of the project. This reduces the Timberline project budget shortfall fu•ont SI,190, 000 to 5890, 000. On December 3, staffawarded the contract for the construction of Phase II to Kiewit Western. The contract for Phase II makes the inclusion of several large work items contingent upon Council's appropriation of this additional S890,000. Kiewit plans to start construction on Phase II upon issuance of the Notice to Proceed. Staff anticipates issuing the Notice to Proceed by December 17th. Kiewit has continued to strive to have Timberline Road open to traffic ahead of the scheduled fall '98 completion. Staff recommends funding the needed 5890, 000 (which includes $500, 000 contingency) using approximately 5603,000 from the Choices 95 Fund and S287,000 fu•om General City Capital (savings from two old projects -- Timerline/Prospect Intersection and North College Bike Path, and 114 Center Necessary Balance). This will leave a balance of 5862,000 in the Choices 95 Fund. " 243 December 16, 1997 Civil Engineer III Mark Sears gave a brief update on the status of the project and explained the need for additional appropriations. He responded to Council questions regarding the various phases of the project, noting Phase 3 is currently under way and construction is scheduled to be completed in the fall of 1998. He responded to Council questions regarding the original projected cost of the project and the current cost, stating since adoption of the project by the voters, inflation has driven up costs in design, right-of-way acquisition, construction management, mobilization of equipment, etc. Councilmember Kneeland commented on the enhancements made to the project after its adoption by the voters and stated that the controversy surrounding this particular project is what forced the delays giving way to inflation. City Manager John Fischbach commented that inflation would be an issue with all the Choices 95 projects that were approved. Councilmember Bertschy requested clarification regarding funding sources for the project. City Manager John Fischbach stated the majority of funding for enhancements was allocated from Choices 95 funds and the 1/4 necessary sales tax, stating those funds were used for right-of-way acquisition. He stated he would provide Council a detailed account of the funding. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 197, 1997 on First Reading. Yeas Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Byrne spoke of storm drainage issues discussed with the neighbors of POET (Prospect, Overland, Elizabeth and Taft Hill) noting that as a result of the July flood, the Stormwater Department is reviewing its Master Plans in those neighborhoods and will be bringing information to Council for possible policy adjustments to the Plans. Councilmember Bertschy reported he attended the ribbon cutting ceremony for the Turning Point facility and spoke of the success of the project. Mayor Azari reported the December 23 Study Session and the December 20 Leadership Luncheon have been canceled due to the Christmas holiday. 244 The meeting adjourned at 7:05 p.m. ATTEST: Adioer�•••,.•,r December 16, 1997 245