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HomeMy WebLinkAboutMINUTES-07/17/1984-RegularJuly 17, 1984 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 17, 1984, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Secretary's Note: Councilmember Knezovich arrived at 7:30 p.m. Staff Members Present: Shannon, Huisjen, Krajicek, Lewis, L. Hopkins, C. Smith, Hays Agenda Review: City Manager ' Deputy City Manager Rich Shannon noted staff was requesting Item #27, Items Relating to the Creation of Horsetooth Road Special Improvement District No. 83, be tabled to be brought back on August 7. Norman Munn, P.O. Box 1040, asked that Item #18, Second Reading of Ordi- nance No. 91, 1984, A ro riatin Unanticipated Revenue in the DDA Fund to Secure Property Apprat_sa s, be withdrawn Tr the Consent Aqenda. 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 #36, 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 3. 5. Second Reading ofOrdinanc rea wB—T< ater Driv�T�ee ' the Landings P.U.D., Filing 4 -44- 77, 1984, Vacating a Portion of v as�ts i n tTie Firs—tTeo al t07 1 July 17, 1984 This Ordinance was unanimously adopted on First Reading on July 3. On December 19, 1983, the Planning and Zoning Board approved the 3rd Replat of the Landings P.U.D., Filing 4, which created a single lot out of 12 single family lots, several tracts and the entire right-of- way of a looped street. This lot is to be used as a church site. The requested vacations apply to the right-of-way and easements that would have provided service to the individual lots. Since the lots no longer exist there is no longer a need for the easements. All utili- ties have indicated no problem with the request. 6. Second Readino of Ordinance No. 7 8. ion of a Utility Easement in South College Heights First Filing. This Ordinance was unanimously adopted on First Reading on July 3. The applicant, Mr. Gene Frank, would like to build a garage adjacent to his house. His proposed garage would be located where a 10 foot utility easement exists. Since no buildings are allowed to be con- structed on easements, Mr. Frank is requesting that the easement be vacated. All the utilities have been located and none are presently located in ' the easement, and all of the utilities indicated no problem with the vacation request. Second Reading of Ordinance No. 79, 1984, Reappropriating 1983 Funds. This Ordinance was adopted on First Reading on July 3. Currently there is a Charter provision (Article V, Section 10) that states appropri- ations for capital projects and federal or state grants do not lapse until the completion of the capital project or the expiration of the particular grant. Exceptions -to the non -lapsing appropriations are those grants which are based on an annual entitlement (e.g., Federal Revenue Sharing). Therefore, monies in this fund need to be reappropriated to complete projects/programs begun in 1983 and to cover encumbrances still outstanding at the end of 1983 and carried over into 1984. Second Readiig of Ordinance No. 80, 1984, Providing for the Execution and De tvery of Rep a_ce_ment Bonds, Which Have Been Lost, Destroyed, or Wronqful v Taken. We have recently had a couple of our bonds lost in the mail. Due to the complexity and time required to replace such a lost bond, staff requested the City's Bond Counsel prepare this unanimously adopted on First Reading on July 3. Ordinance which was It explains the procedure the City will follow in the event of a lost, destroyed, or I wrongfully taken bond. -45- I July 17, 1984 9. Second Reading of Ordinance No. 82, 1984, Appropriating Prior Year Reserves in the Larimer County Library Services Fund. On March 1, 1983, Council adopted Ordinance No. 19, 1983, appropri- ating $52,500 in unanticipated revenue from Larimer County for the provision of bookmobile services to citizens of Larimer County. On July 19, 1983, Council adopted Ordinance No. 93, 1983, appropriating $25,578 in unanticipated revenue from Larimer County for the provision of library services to inmates at the jail. Both appropriations were made in the Larimer County Library Services Fund. At the end of 1983, due to discontinued bookmobile services, $21,265 in unused appropriations lapsed into Unreserved Fund Balance. This should not have happened, as the fund had outstanding liabilities, and a portion of the unused funds will need to be returned to Larimer County. This ordinance was unanimously adopted on First Reading on July 3 and will appropriate the Unreserved Fund Balance so that these payments can be made. 10. Second Readin of Ordinance No. 83, 1984, A ro riating Prior Year Reserves in the Genera and or the Senior ransportation Piof Proqram. This Ordinance was unanimously adopted on First Reading on July 3. On September 29, 1983, the City received a $6,000 grant to conduct a Senior Transportation Pilot Project through the Larimer County Depart- ment of Human Development, Community Action Board. Council adopted Ordinance No. 146,- 1983, on November 1, appropriating these funds for expenditure. During 1983, $2,101 of the grant was spent. Because the grant was within the General Fund, the remaining $3,899 of appropriations lapsed at the end of the year into Reserves. It is now necessary to appropriate the remaining $3,899 from prior year reserves in order to fund the remainder of the project in 1984. 11. Second Reading of Ordinance No. 84, 1984, Appropriating Prior Year Reserves in the General Fund and Unanticipated Revenue in the Trans- portation Services Fund. This Ordinance was unanimously adopted on First Reading on July 3. In 1984, the School Crossing Guard Program was transferred from the Police Division of the General Fund to the Transportation Services Fund. At the time the 1984 Budget was adopted, funds to cover the hourly personnel costs of the program were included in the Transpor- tation istration Services Fund Budget, but no provision was made for of the program. the admin- -46- July 17, 1984 The administration is handled by a Parking/School Crossing Guard Coor- dinator, whose time is evenly divided between the two areas. In order to be able to continue the School Crossing Guard Program for the entire year, an additional $10,792 needs to be transferred from the General Fund to cover one-half of the cost of the Parking/School Crossing Guard Coordinator. 12. Second Reading of Ordinance No. 85, 1984 Appropriating Prior Year Reserves in the General Fund to Pay for 1984 Forestry Division Opera- tions and Maintenance Costs of the Community Parks Improved by 1981 Bond Issue Fundina. This Ordinance was unanimously adopted on First Reading on July 3 and appropriates $9,887 from General Fund prior year reserves to pay for 1984 Forestry Division 0 & M costs of Community Parks improved by 1981 Bond Issue Funding. 13. Second Readin of Ordinance No. 86, 1984, A ro rioting Prior Year Reserves in the General Fund and Unanticipated Revenue in the Capita In December, 1983, it was discovered that the needed renovations to Old City Hall were much more extensive than had originally been thought. At that time, Sales & Use Tax Revenue in excess of the 1983 Budgeted amount was identified as the funding source for the addi- tional work that needed to be done. Council decided that the renovation should proceed without delay, and adopted an Ordinance authorizing the transfer of $451,954 in the Capital Projects Fund from the Street Rehabilitation Program as an interim funding source. The ordinance also stated that Council would repay the Street Rehabilitation Program from 1983 excess Sales & Use Tax receipts when the funds became available, at the completion of the 1983 Audit. The 1983 Audit has been completed, and the funds are available. This ordinance was unanimously adopted on First Reading on July 3 and appropriates the funds for transfer from the General Fund to the Capital Projects Fund and appropriates them in the Capital Projects Fund for the Street Rehabilitation Program. 14..Second Reading Appropriations ment Program A Seven -Year Capi of Ordinance No. 87, 1984 and Expenditures rom th count to the Capital Proj al Improvement Account_ -47- thorizing the Transfer of ven-Year Capita Improve - Fund and Termtnatina the 1 July 17, 1984 This ordinance was unanimously adopted on First Reading on July 3. As an administrative clean-up effort, staff wishes to eliminate the Seven -Year Capital Improvement Program Account, which has outlived its usefulness. This will be accomplished by transferring all appropria- tions and related expenditures from the Seven -Year Capital Improvement Program Account to the Capital Projects Fund. These two remaining projects will then be completed within the Capital Projects Fund. 15. Second Reading of Ordinance No. 88, 1984, Appropriating Unanticipated Revenue for Lease Payments for Telephone System Eouipment. Resolution 84-96, adopted on July 3, authorized the City Manager to enter into a lease agreement with Northern Telecom to upgrade our telephone system. The lease will provide the equipment (memory, line cards, central processing units) to upgrade the PBX from a model SL-1L to SL-IN. The new system will be completely rewarranted for one year, thus eliminating the current $26,000 maintenance contract for the first year. The total cost to upgrade the City's system will be approximately $250,000. This cost pays for the equipment necessary to accommodate the next five years estimated growth in telephone and data extensions. The money to pay for the lease payments has been provided to the Communications Fund by user departments and agencies of the City. This Ordinance was unanimously adopted on First Reading on July 3 and appropriates $40,000 of unanticipated revenues to pay for this year's lease of the new equipment. 16. Second Reading of Ordinance No. 89, 1984, Appropriating Unanticipated Revenues Totaling $11,346 from the State Highway Department P.L. Funds for Use on the Master Street Plan Update. This ordinance was unanimously adopted on First Reading on July 3. For the past six years, the alignment and reservation of right-of-way for the Fort Collins Parkway in the northeast quadrant of the City has been under review by the State Division of Highways. The City has had difficulty in meeting the needs of the property owners along the Parkway corridor and developing the data necessary to reserve the land for a public thoroughfare. In order to finalize the preliminary engineering for the Master Street Plan for this area, an updating of the computer modeling and a preliminary engineering alignment needs to be established for the Parkway. 17. Second Reading of Ordinance No. 90, 1984, of the Council of the Ci of Fort Collins, Colorado Amendin Ordinance No. 86, 1983 with Rega to the Allocation of Costs mong Certain Property wners Lema ' Harmony Special Improvement District No. 18, -48- July 17, 1984 ' This Ordinance was unanimously adopted on First Reading on July 3 and would amend the Ordinance creating and establishing the District to provide for a reallocation of improvement costs against the Everitt properties and authorize the City Manager to enter into an Agreement with the Everitt Companies approving the change in assessment method and reallocation of assessment costs. 18. Second Reading of Ordinance No. 91, 1984, Appropriating Unanticipated Revenue to the DDA Fund to Secure Prooerty ADDratsals. This Ordinance was unanimously adopted on First Reading on July 3. The DDA is anticipating requesting the City to issue long term tax incre- ment bonds. To provide an appropriation base for the interim, City Council authorized in March, 1984, an intergovernmental agreement establishing a line of credit to permit the Downtown Development Authority to enter into an agreement with Burlington Northern for the removal of the railroad yard downtown, and to begin construction of the parking garage. The DDA is requesting that the intergovernmental agreement be amended to include in the line of credit appraisals of the property for the downtown hotel project in an amount not to exceed $35,300. It is not ' anticipated that the City will be required to advance any funds as there are sufficient unexpended although committed monies from the BAN issue of 1983. Should the City have to advance any funds prior to closing on a debt issue, the DDA will repay the City the interest equivalent to that it would have earned. 19. Hearing and First Reading of Ordinance No. 93, 1984. Annexinq ADDroXi- braese Acres Annexation. The applicants, Norbert F. and Anita Belle Graese, are seeking to annex approximately 80.0 acres of property located east of South Lemay Avenue (County Road 13) and north of County Road 32. The annexation is a voluntary annexation and achieves its one -sixth contiguity require- ment through common boundaries with the Halcyon Annexation, the Emerson Acres Annexation, and the Blehm Annexation. 20. Hearin and First Reading of Ordinance�No. 94, 1984, Zonin A roxi- mate y 80.0 Acres Known as the Graese Gres nnexatton to t e R-L-P_ The applicants, Norbert F. and Anita Belle Graese, are seeking to zone approximately 80.0 acres of property located east of South Lemay Avenue (County Road 13) and north of County Road 32, to the R-L-P, Low Density Planned Residential, zoning district with a condition that all development on the property be processed as a planned -unit development. ' -49- July 17, 1984 21. Hearin and First Reading of Ordinance No. 95 1984 Appropriati Park and Funds from Prior Year Undesignated Reserves fora Handic Playground at Moore Park and New Play Equipment at Leisure Par This Ordinance appropriates $10,000 to the handicap playground at Moore Park and $10,000 for playground equipment at Leisure Park. Funds for these projects are available from prior year reserves in the Parkland Fund. 22. Resolution Establishing a Policy Concerning the Use of the Title of Mavnr and Accietan* Me,..... At the City Council Retreat held May 11 and 12, 1984, City Council - members expressed concern that there was a lack of uniformity in the use of the titles of Mayor and Assistant Mayor and directed staff to formalize a policy which would address this issue. This resolution accomplishes that directive and stipulates that the policies contained in the Resolution shall be incorporated into the City Council Policies Handbook. 23. Resolution Authorizing the Mayor to Enter Into an Intergovernmental Agreement with the City of Burlington, Ontario for the Purchase of a Recreation Program Registration (RPR) System. ' The Parks and Recreation Department is in need of a computer system to assist them in the administration of the many recreation programs sponsored by the City. During 1983, a group of CSU graduate students completed an analysis of general requirements for such a system. During the fall, an international survey was conducted by Parks and Recreation to find a system that could be purchased or transferred from another municipality. A system that satisfies our requirements was developed in Burlington, Ontario. We have completed negotiations with Burlington and they have agreed to provide all the computer programs and documentation to the City of Fort Collins for $5,000. This Resolution authorizes an intergovernmental agreement with the City of Burlington for acquisi- tion of their Recreation Program Registration (RPR) System. Money is available and budgeted for this expenditure. 24. Resolution Approvin�Just Compensation for a Community Development Block Grant Land Acquisition. This Resolution is to establish "Just Compensation" for Lot 1, Block 3, City of Fort Collins located at 419 Pine Street. Since Community Development Block Grant (CDBG) funds are being utilized, federal law requires the City Council to make a finding of "Just Compensation". Staff recommends Council establish "Just Compensation" of $14,000 ' based upon the appraised value established by an independent appraiser. -50- July 17, 1984 ' On September 20, 1983, City Council passed Resolution 83-154 which reprogrammed $132,000 of CDBG Program Income. These funds were to be used by Larimer Community Services, Inc., (LCSI) to coordinate the construction of a human resource facility to house United Day Care Center and several human service agencies. The City is now going to purchase the lot adjacent to the site that the City will lease to LCSI for the new building. This additional lot will also be leased to LCSI to add parking spaces and make access to the site easier. 25. Routine Deeds and Easements a) Easement Agreement with Odum Enterprises for a temporary drainage easement. The intersection at Willox Lane and Willox Court does not have an adequate drainage system and is currently a traffic hazard. This agreement will allow the City to solve these prob- lems. The property owner along the south side of Willox Lane has agreed to grant the City a temporary drainage easement along an irrigation ditch. Stormwater from a new culvert which the City will install at the intersection will discharge into this ditch. Since the property is currently undeveloped, the owner wants flexibility in terms of where the easement is located on her ' property. The City will have a permanent right to drain onto this property, but the location of the easement can change if the property is developed. It will be the owner's responsibility to incorporate the drainage easement into any new development. b) Temporary Access Easement from Richard C. and Patricia K. Fuqua, Ronald N. Giselman, Pemco Builders. Inc.�Interstate Banff ana intrawest bank. Ines temporary access easement is needed to provide a second point of access for fire and other emergency vehicles to the new state offices building on South Mason Street. The easement provides this access across the Superior Datsun lot. When the Datsun dealership moves to its new location at Harmony and College, the present structure will be razed, providing a permanent second access to the state offices building from Col - board Drive. c) Deed of Easement from Rhoades, Inc., which is the fourth of nine agreements for the acquisition of additional right-of-way for the Timberline/Prospect intersection project. Funds for right-of-way acquisition are budgeted. The consideration for the 2.4 acres purchased is $65,000 (based on two M.A.I. appraisals of 621E per square foot). The parcel includes right-of-way for Timberline Street, Timberline bridge, Prospect Street- and Spring Creek drainage channel for the current project, and right-of-way needed ' for the Prospect Street bridge across Spring Creek. The easement for the Spring Creek drainageway is 'consistent with drainage master planning in the Spring Creek drainage basin. -51- 1 July 17, 1984 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 77, 1984, Vacating a Portion of Breakwater Drive and Three Utility Easements in the First Replat of the Landings Filing 4. Item #6. Second Reading of Ordinance No. 78, 1984, Vacating a Portion of a Utility Easement in South College Heights First Filing. Item #7. Second Reading of Ordinance No. 79, 1984, Reappropriating 1983 Funds. Item #8. Second Readin of Ordinance No. 80, 1984, Providing for the xecution and Delivery of Replacement Bonds, W ich Have Been Lost, Destroyed, or Wrongfully Taken. Item #9. Second Reading of Ordinance No. 82, 1984, Appropriating Prior Year Reserves in the Larimer County Library Services Fund. Item #10. Second Reading of Ordinance No. 83, 1984, Appropriating Prior Year Reserves in the General Fund for the Senior Transportation Pilot Program. - Item #11. Second Reading of Ordinance No. 84, 1984, Appropriating Prior Year Reserves i-n t e General Fund and nanticipated Revenue in theTransportation Services Fund. Item #12. Second Readin of Ordinance No. 85, 1984, A ro riatin Prior Year Reserves in the General and to Pay for 198 orestry Division Operations and Maintenance Costs of the Community Parks T—mproved by 1991 Bond Issue Funding. Item #13. Second of Reading Ordinance No. 86, 1984, Appropriating Prior dear erves in t e General Fund and nanticipated venu the Capital Projects Fund. Item #14. Second Reading of Ordinance No. 87, 1984, Authorizingthe Trans- fer of ppropriations and xpenditures from t e Seven -Year Capital Improvement Program Account to the Capital Projects Fund and Terminating the Seven -Year Capital Improvement ccount. -52- Item #15. July 17, 1984 Second Reading of Ordinance No. 88, 1984, Appropriating Unantici- pated Kevenue for Lease Payments for Te ep one System Equipment. Item #16. Second Readin of Ordinance No. 89, 1984, Appropriating Unantici- pated Kevenues otaIing�ll 346 rom the State Highwa Department Item #17. P.L. Funds for Use on the Master Street Plan Update. Second Reading of Ordinance No. 90, 1984 of the Council of the City of Fort Collins, Colorado Amending Ordinance No 86 1983 with Regard to the Allocation of Costs Among Certain Pro ert Owners, Lemay Harmony Specia Improvement District No 78. Item #18. Second Readin of Ordinance No. 91, 1984, A ro riating Unantici- pated Revenue in t e DDA Fund to Secure Property AppraisaTs. Ordinance Clerk. Item #19. on First Reading were read by title by Wanda Krajicek, City Hearing and First Reading of Ordinance No. 93 1984 Annexing Approximate y 80.0 cres Known as the Gra%e Acres Annexation. Item #20. Hearin and First Reading of Ordinance No 94 1984 Zoning' Approximately 80.0 Acres Known as the Graese Acres Annexation to Item #21. the R-L-P, Low Density Planned Residential District. Hearin and First Readin of Ordinance No. 95, 1984, A ro ri- attn Park and Funds rom Prior Year Undesi nated Reserves or a Handicap Playground at Moore Park and New Play Equipment at Leisure Park. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the DDA Fund to Secure Property Appraisals Adopted on Second Reading Following is the staff's memorandum on this item: -53- July 17, 1984 "This Ordinance was unanimously adopted on First Reading on July 3. The DDA is anticipating requesting the City to issue long term tax increment bonds. To provide an appropriation base for the interim, City Council authorized in March, 1984, an intergovernmental agreement establishing a line of credit to permit the Downtown Development Authority to enter into an agreement with Burlington Northern for the removal of the railroad yard downtown, and to begin construction of the parking garage. The DDA is requesting that the intergovernmental agreement be amended to include in the line of credit appraisals of the property for the downtown hotel project in an amount not to exceed $35,300. It is not anticipated that the City will be required to advance any funds as there are sufficient unexpended although committed monies from the BAN issue of 1983. Should the City have to advance any funds prior to closing on a debt issue, the DDA will repay the City the interest equivalent to that it would have earned." Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 91, 1984 on Second Reading. ' Norman Munn, P.O. Box 1040, stated he saw the appraisals until the results of the no reason for going ahead with feasibility study were known. Councilmember Rutstein replied that the ordinance contained a condition that requires a favorable response from the hotel developer before pro- ceeding with the appraisals. She noted no money would be spent until the study was completed and that this was being done to expedite the appraisals once the favorable response is received. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 91, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Issuing $9.8 Million Dollars of Industrial Development Revenue Bonds for the John Q. Hammons Project, Continued Later in Meeting Following is the staff's memorandum on this item: "This ordinance was adopted on July 3 by a 4-3 vote. On December 20, 1983, the City Council passed Resolution 83-217 inducing John Q. Hammons to construct a 256 room hotel/convention center at the intersection of W. ' Prospect Street and Center Avenue. -54- July 17, 1984 Since this project has an Inducement Resolution dated prior to June 19, 1984, it will be grandfathered out of the 1984 tax legislation con- cerning Industrial Development Revenue Bonds. The City will collect upon closing its issuer's fee of 1/16'of 1% of the bonds as well as any out-of-pocket expenditures incurred in handling the Bond transaction." Councilmember Stoner made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 92, 1984 on Second Reading. Councilmember Clarke suggested this item be tabled to later in the meeting when the full Council would be present. Councilmember Stoner made a motion, seconded by Councilmember Elliott, to postpone action on this item until later in the meeting when all Council - members are present. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. (Secretary's Note: See page 67 for further discussion and action on this ' item.) Items Relating to the Creation of Horsetooth Road Special Improvement District No. 83 Following is the staff's memorandum on this item: "A. Second Reading of Ordinance No. 73, 1984, Relating to the Creation and Organization of Special Improvement District No. 83, and Approving the Agreement with the Southside Baptist Church. B. Second Reading of Ordinance No. 74, 1984, Appropriating Funds to pay the Required City Costs. C. Second Reading of Ordinance No. 75, 1984, Creating a "Landscape Pack- age" on the Horsetooth Road S.I.D. #83. D. Second Reading of Ordinance No. 76, 1984, Appropriating the Antici- pated Special Improvement District No. 83 Bond Proceeds. E. Deed of Easement from Southside Baptist Church. 1 -55- July 17, 1984 GENERAL SUMMARY OF IMPROVEMENTS The purpose of this Special Improvement District is to construct the street, street landscaping and storm drainage improvements, for Horsetooth Road from the BNRR to Shields Street. In 1982, a capital project was budgeted to form an improvement district for the construction of Horsetooth Road from College Avenue to Shields Street. The developers along Horse - tooth, from the BNRR to Shields Street, had agreed to be a part of the district, but they backed out when the development activity slowed down in 1982. Staff went ahead and formed SID No. 76 in 1982, and constructed the portion of Horsetooth from College Avenue to the BNRR. Last fall staff began meeting with the developers, along Horsetooth from the BNRR to Shields, to encourage the formation of a voluntary improvement district to construct this portion of Horsetooth. We were successful, and the developers hired Shilo Engineering and attorney, George Hass, to assist them in the formation of the improvement district. City staff has worked very closely with them to bring this District to Council. It is important that this district be created at this time to allow con- struction during 1984. This portion of Horsetooth Road is in very poor ' condition, and is rapidly declining due to the excessively high traffic volume on a two lane road. If this district is not created at this time, the City will have to continue their expensive maintenance efforts or completely rehabilitate the pavement. This district would complete a key portion of the City's master street plan, and would improve an inadequate two lane road with high maintenance costs, to a functional four lane arterial with low maintenance costs, bike lanes, and sidewalks. The City will front the costs of the District until the bonds are sold. The District participants have agreed that the City shall not be liable for any cost of the District except as specifically provided in the Master Agreement and in the Resolutions and Ordinance creating and establishing the District, and that any cost in excess of the City's costs shall be the sole obligation of the District participants. Since the first reading of these items, held on June 5, Council has adopted, on first reading, Ordinance No. 75, 1984, which created a "Land- scape Package" in the Horsetooth S.I.D. N83. The costs for this inclusion are shown in the revised cost summary following. SUMMARY OF COSTS The revised estimated costs of the improvements to the District partici- pants and to the City are shown below. These estimated costs include all ' costs associated with the District and approximately 10% contingency. -56- 'DISTRICT IMPROVEMENT COSTS (Revised 6/28/84) July 17, 1984 District Costs: Street and Drainage Improvements $ 545,220 Landscaping Between Curb and Sidewalk 38,000 Total District Costs: $ 583,220 City Costs: Street Oversizing $ 392,700 New Mercer Canal Box Culvert Extension 51,000 Southside Baptist Church Costs* 16,414 Southside Baptist Church ROW Acquisition* 3,000 Michie ROW Acquisition 2,400 Light & Power (Pole & Vault Relocates) 20,000 Landscaped Medians 116,000 Total City Costs $601,500 Total SID Construction Costs $1,184,720 *The Church has approved an agreement to reimburse the City in the future ' for their share of the costs. This district was initiated by the staff because of the urgent need to improve Horsetooth Road. Leaving the improvements along the church frontage out of the project would greatly impair the benefits of the project. Staff believes this trade-off with the church agreeing to pay for the improvements at some future time is to the greatest advantage of the city as a whole. The Deed of Easement from the Southside Baptist Church is being acquired for $3,000 (based on 57� per square foot). The parcel is on the north side of Horsetooth. This is the final right-of-way agreement needed for the improvement district. FUNDING CITY COSTS The remaining capital funds in the Horsetooth Road - SID No. 76 Project ($337,800) will be transferred to this project, and Street Oversizing Funds will be used to fund the remaining $263,700 of the $601,500 cost to the City. As shown above, the total street oversizing reimbursement that would normally be required for this project has been estimated at $392,700. However, because of the carry over funds from SID No. 76, only $263,700 will be needed from the Street Oversizing Fund. The Street Oversizing Fund has the available funds. I -57- IJuly 17, 1984 Landscaped medians are not a normal Street Oversizing cost. However, as shown above, the Street Oversizing Fund is in effect receiving a reduction of its obligation of $129,000 due to the transfer of surplus capital funds from S.I.D. No. 76. So actually the landscaped medians will be funded with capital funds, and Street Oversizing will have to pay less of its obliga- tion. The fund transfers are as follows: Transfer Horsetooth Road SID No. 76 Funds $337,800 Appropriate Street Oversizing Funds (from 147,700 previous Council action on June 5th) Appropriate Street Oversizing Funds (for 116,000 landscaping medians) TOTAL CITY FUNDS $601,500 Agenda items A & B will need to be amended on Second Reading to reflect the changes in landscaping costs. STAFF RECOMMENDATIONS ' This district would complete a key portion of the City's master street plan and would improve an inadequate two lane road with high maintenance costs, to a functional four lane arterial with low maintenance costs, bike lanes, and sidewalks. This project is very much needed this year, and therefore, staff recommends the approval of the Ordinances creating and funding this district." Councilmember Stoner made a motion, seconded by Councilmember Elliott, to table Items A through E until August 7. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Transferring Funds into a Project to be Called the Mountain Avenue/Walnut Street Improvements Project, Denied on First Reading Following is the staff's memorandum on this item: "Staff recommends combining the Downtown Development Authority Walnut Street Intersections Project (which is a portion of their Old Town Project) and the City's East Mountain Avenue Medians Project into a single project to be called the Mountain Avenue/Walnut Street Improvements Project. we 1 July 17, 1984 Three separate but closely related street projects are scheduled for construction this summer in the downtown area: 1) Reconfiguration of the intersections at each end of Walnut Street; 2) Construction of new medians along Mountain Avenue from Mathews west to the existing median; and 3) Reconstruction of the sidewalk surrounding the senior center. These three projects are all related by location, time of construction, and type of construction. Combining two of these three small projects into a single large project will improve project scheduling, reduce administrative work, increase project financial flexibility and reduce overall management time. The third project will be bid under separate contract but managed concurrently with the other combined project. The scope of each phase of the project is outlined below. (Also see attached sketch). lnut Street Intersections This work is a complementary part of the Old Town Square Project. It will improve traffic flow to the Old Town Square. The Walnut/Mountain intersec- tion will be signalized and the curb locations reconfigured while the ' Walnut/College intersection will have minor curb changes. This work is funded through the D.D.A. as part of the Old Town Project with a budget of $113,000. The budget breakdown is as follows: $ 50,000 Signalization ($26,000 of Materials ordered) 12,000 Design ( By Consultants - $12,000 paid) 45,000 Curb and Median changes 6,000 Miscellaneous $ 113,000 Total ($38,000 expended leaving $75,000 available for transfer) We are requesting that an additional $20,000 be appropriated from Prior Year Reserves in Capital Projects to provide for landscaping. Mountain Avenue Medians This project is necessary to provide traffic flow control around the new parking garage. It includes the construction of about 450 feet of land- scaped medians on Mountain Avenue from the end of the existing median near Linden Street east to Mathews Street. The use of Street Oversizing money is recommended for funding this portion of the project. $60,000 must be transfered from that fund to cover this work. -59- ' July 17, 1984 Senior Center Sidewalk Improvements A Community Development Block Grant of $15,000 was budgeted for the repair of cracked sidewalk, excessively high curb and the installation of several access ramps at the Senior Citizen Resource Center. Subsequent to the planning of this sidewalk repair, the D.D.A. Parking Garage project was approved. It is now desirable to expand the sidewalk work to include more landscaping and a curb bulge at the corner of Reming- ton and Mountain. This work is proposed because of the changes that are taking place adjacent to the Senior Center. The properties to the west and across Mountain Avenue are upgrading their properties with additional streetscaping and sidewalks with brick pavers. The proposed median in front of the Senior Center will be landscaped and have pavers at the crosswalk. The parking garage across Remington is being constructed with extensive landscaping and a curb bulge to help facilitate pedestrians. It is important to build a matching curb bulge on the Senior Center side of the street. To provide these upgrades to the original project will require an additional $40,000, which is available in the Prior Year Reserves in Capital Projects Fund. It would not be cost effective, however, to include the $15,000 budgeted with CDBG funds with the overall project. This is due to the Federal requirements for wages (Davis -Bacon Act) that must be utilized with these ' monies. All work performed under the same contract that uses any CDBG money must also pay the same higher wages. For this reason the CDBG work will be performed under a separate contract, although the construction will be closely coodinated with the other Mountain Avenue/Walnut Street work. While the sidewalk is bei-ng replaced, a leaking basement wall in the Senior Center will also be repaired. The building repair is estimated to cost $9,000. The recommended source of funding is the Building Repair and Maintenance account. This project is being coordinated by Tom Gathmann with the Traffic, Parks and Recreation, and the Planning and Development Departments, and the D.D.A. Staff recommends approval of the ordinance authorizing the transfers outlined above. Total Project $75,344 Received from D.D.A. 60,000 Transferred from Street Oversizing Fund 60,000 Appropriated from Capital Projects Fund Prior Year Reserves 9,000 Transferred from General Fund ' $204,344" July 17, 1984 ' Councilmember Rutstein made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 81, 1984 on First Reading. Councilmember Clarke expressed concern about the possible relocation of the trolley route in the downtown and asked what the consequences of a few months' delay on this project would be. Director of Transportation Services Bob Lee replied that the parking garage design depended on there being no left turn onto Remington Street off of Mountain and that there would be a left turn off of Mountain into the garage itself. The control of those movements is provided by this median project. He added the median project was critical to the overall operation of the garage. City Engineer Tom Hays estimated it would cost $10-20,000 to relocate the tracks in the median and would involve cutting and replacing concrete and relocating landscaping. Director of Transportation Services Bob Lee again stated the medians were critical to allow the vehicular and pedestrian traffic to operate correct- ly. Councilmember Clarke expressed concern that this project would put a , barricade up against the trolley negotiations. He stated he felt that although the garage project was important, in this case the trolley issue is perhaps more important. He suggested using temporary barricades to control the garage traffic movement and suggested delaying the median project until the trolley negotiations are complete. He noted he would vote against the ordinance since he did not want to do anything that might jeopardize the trolley negotiations. Councilmember Stoner spoke in favor of the motion noting he felt Council had a commitment to Old Town to complete the garage project. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 81, 1984 on First Reading was as follows: Yeas: Councilmembers Elliott, Rutstein, and Stoner. Nays: Councilmembers Clarke, Horak, and Ohlson. THE MOTION FAILED. Citizen Participation (Secretary's Note: Councilmember Knezovich arrived at this point.) A. Proclamation Naming August 5-11 as the Dog Days of August was accepted by Cindy Bean, Education and Public Relations representative for the ' Humane Society for Larimer County. -61- July 17, 1984 B. Resolution Concerning the Persecution of the Baha'i Religious Community in Iran. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to adopt Resolution 84-109. Yeas: Councilmembers Clarke, Elliott, Horak, Ohlson, Rutstein, and Stoner. Nays: Councilmember Knezovich. THE MOTION CARRIED. The Resolution was accepted by Carol Lawson and Dr. M. Jensen, representa- tives of the Fort Collins Baha'i community. Scott Goff, President of the Fraternal Order of Police, read a letter urging better communications between his organization and Council and expressing concern over newspaper articles stating Council's intent to "scrap" the upper third pay plan philosophy. Resolution Authorizing Negotiations for Final Design and Inspection Services Contract for 20 MGD Water Treatment Plant No. 2 Expansion Project, Adopted ' Following is the staff's memorandum on this item: "The consultant selection committee has completed a detailed evaluation of the qualifications of seven consulting firms that submitted proposals to perform design and inspection services for the proposed 20 MGD expansion at WTP #2. The consultant selection process started in December, 1983, and a description of the process is attached for your information. The committee has determined that the qualifications of the firms of Black & Veatch Consulting Engineers and John Carollo Engineers surpass the qualifications of the other five firms in the following areas: (1) Previous experience designing 20 MGD or larger water treatment plants. (2) Previous experience designing facilities to treat water similar to Poudre River water. (3) Exceptional understanding of the requirements of our project. (4) Experienced personnel in the areas of process design, project management, and project engineering. ' (5) Sufficient resources to complete our project in a timely manner. -62- July 17, 1984 The committee's evaluation has shown these two firms to be almost equal, (only two points difference on the final evaluation - 133 points for John Carollo vs. 135 points for Black & Veatch), however, there are some dif- ferences which one should be aware of such as: (1) Black & Veatch's office is in Denver, CO. John Carollo's office is in Phoenix, AZ. (2) John Carollo is proposing to use a local consultant to perform a significant part of the pipeline and distribution work. Black & Veatch did not initially propose the extensive use of local consultants, however, after the committee's evaluation was completed, Black & Veatch did propose to use additional local consulting services. (3) The staff has previous experience with Black & Veatch. Black & Veatch has done the process evaluation work at WTP #1 along with all the wastewater treatment design work for the past 10 years. The staff does not have any previous experience with John Carollo. (4) John Carollo's estimated design cost is $1.5 million. Black & ' Veatch's estimated design cost is $1.7 million. The committee's final evaluation showed a very slight advantage in favor of Black & Veatch." Director of Operations Mike Smith answered questions from Councilmembers with regard to the evaluation process. He noted the $200,000 difference between the two proposals was an estimate and the actual difference would have to be determined by an identical scope of work with each firm pricing the project out. The proposal contained a limited scope of work with the actual scope of work to be negotiated once the consultant is selected. Very rarely would two engineers scope a project identically since each would have different ideas on how to approach the project. Giving the firms an identical scope of work would seriously hamper the efforts of their engineers and the City would lose the benefit of the engineers' creativity, expertise, and knowledge. Councilmember Clarke noted that given the past experience of Black & Veatch with City projects, he felt that firm might spend less design time and thus mitigate the fact that their per hour charge and multiplier was slightly higher than the Carollo firm. He asked what percentage of local consul- tants would be used by Black & Veatch as opposed to John Carollo. Mike Smith replied that Carollo would be using 25-28% and that Black & Veatch would use approximately the same. -63- July 17, 1984 Carl Houck, Black & Veatch, clarified the $200,000 cost difference. He noted their proposal was $1.5-1.7 million depending on the level of support available from City staff in terms of resident engineering services. Based on staff support on previous projects he estimated their costs would be in the range of $1.5 million. Dave Griffith, partner with John Carollo Engineers, spoke of their firm's negotiations with local subcontractors. He noted the total of these proposed contracts was $414,000 or approximately 25% of the total project. Councilmember Clarke noted this was a hard decision since both firms are well qualified. He noted each firm would approach the project differently, therefore price could not enter into the decision as much as obtaining the best treatment plant design. If a $200,000 design price difference did occur, that is a relatively small portion of the overall cost of the project, estimated to be approximately $20 million. He stated he would support Black & Veatch because of their past involvement with City projects and because of their slight edge in the evaluation process and their selection by the technical evaluation committee. Councilmember Ohlson expressed concern that this was a Council decision and noted the staff recommendation had been for John Carollo, not Black & Veatch. He stated it was likely that Black & Veatch would provide the same ' services at. a higher cost and for that reason he would not favor Black & Veatch and would support John Carollo. Deputy City Manager Shannon stated the selection committee saw the choice as a draw and deferred the recommendation to the City administration. The choice of John Carollo was seen as an opportunity to diversify the City's experience with the major engineering firms in the country. He stated that was a subjective evaluation that Council might not share. Councilmember Knezovich noted he discounted dollar differentials in these types of proposals since the proposals usually have no relationship to the final actual costs. He noted there was an obligation to engage the most qualified firm which he felt was Black & Veatch. Councilmember Stoner noted that both firms would be using approximately the same amount of local participation. He stated he felt the administration's recommendation of John Carollo was a political one whereas the selection process favored Black & Veatch slightly. He stated the $200,000 spread was a relative situation and that he would support Black & Veatch on the basis of their selection by the technical committee and their past experience with City projects. Councilmember Elliott stated he would support Black & Veatch because of the City's past experience with the firm. He felt there was no price differen- tial and the finally negotiated cost would be the same if not less with Black & Veatch. 1 July 17, 1984 Councilmember Rutstein stated she felt the end product would be the same and that the $200,000 was meaningful. She stated Carollo had already shown their commitment to local firms and had already done preliminary negotia- tions with several. She stated she would support Carollo. Councilmember Ohlson stated there was a cost differential and pointed out that the process does not state that the firm who scores the highest will be awarded the contract. Other factors enter into the decision. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-112 inserting the name of Black & Veatch. Bruce Lockhart, 2500 E. Harmony Road, asked why a firm figure isn't a result of a competitive bid. Mayor Horak replied that engineering services don't go on a best and final offer basis. They go on technical evaluations first, are evaluated, and then staff negotiates the details of the project. Mr. Lockhart asked why, if the two firms are equal, they couldn't be asked to submit a.firm bid. ' Director of Operations Mike Smith replied that by doing that the City would limit the consultants to a scope of work that the City would design. Consultants are hired for their creativity and expertise and the City would lose that by designing the scope of work. Mayor Horak noted there were a whole series of steps to ensure the scope of services is being performed and that the costs are being kept down. Mike Schmid, President of Engineering Professionals, pointed out that he had worked with John Carollo Engineers over the past 6-7 months. He noted a great deal of effort had been spent by Carollo and by Engineering Profes- sionals since they had been notified of their apparent selection for this project. Dave Griffith, Carollo Engineers, noted his firm had a contract ready to sign stipulating a cost plus figure not to exceed $1,593,000 based on detailed negotiations with staff. The vote on Councilmember Clarke's motion to adopt Resolution 84-112 inserting the name of Black & Veatch was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Stoner. Nays: Councilmembers Ohlson and Rutstein. THE MOTION CARRIED. I -65- 1 July 17, 1984 Items Related to Proceeding with the Construction of a Highway Interchange in Accordance with the Master Agreement with Anheuser-Busch Following is the staff's memorandum on this item: "On June 28, 1984, the City received a notice to proceed with the construc- tion and financing of a highway interchange, perimeter roads, and frontage roads associated with the proposed Anheuser-Busch brewery in accordance with the Master Agreement. Two items need to be adopted by Council prior to the City proceeding with the highway interchange. They are: A. Resolution Authorizing the City Manager to execute the Agreement to Assign and Assume. B. Resolution Authorizing the Mayor to execute the Intergovernmental Agreement with the County relating to the County's contribution toward constructing the highway interchange. The Agreement to Assign and Assume authorizes the City to assume Anheuser- Busch's responsibility to provide monies to the State of Colorado for construction of the interchange. The State has authorized the expenditure of up to $1,700,000 of highway monies for the interchange. In the Inter- change Agreement between the State and Anheuser-Busch the State required the following: "The execution and delivery of the City Assignment shall not relieve Busch of its obligation to the Department (State Department of Highways)..." The City will provide the monies necessary for the State to construct the interchange from the existing Bond Anticipation Note, initially. The City will issue Sales and Use Revenue Bonds to retire the amount drawn against the BAN. The Bonds will be retired in accordance with the Master Agreement by utilizing the Base Formula and the Supple- mental User Fee. The Master Agreement contains provisions requiring Anheuser-Busch to pay directly any costs incurred by the City should the project be stopped after a notice to proceed has been given for improve- ments. The Intergovernmental Agreement allows the County to contribute to the City a sum equal to 10% of its property taxes derived from the Plant Site beginning 36 months after the notice to proceed has been given on roads. Payments will be made for a total of ten years in an amount not to exceed $1,250,000. The City will use the County's contributions to retire its debt related to roads specified in the Master Agreement." July 17, 1984 ' Councilmember Stoner made a motion, seconded by Councilmember Knezovich, to adopt Resolution 84-110. Norman Munn, P.O. Box 1040, Fort Collins, spoke of the mineral rights he has an interest in in the southwest corner of the interchange. Council asked staff to prepare some information explaining Mr. Munn's situation in detail so they might understand the issue and reply to Mr. Munn. The vote on Councilmember Stoner's motion to adopt Resolution 84-110 was as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adopt Resolution 84-111. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Issuing $9.8 Million Dollars of Industrial Development Revenue Bonds for the John Q. Hammons Project, Continued from Earlier in Meeting City Attorney Huisjen noted there was no need for a new motion since a motion had been made to adopt the ordinance prior to the tabling motion. (Secretary's Note: Councilmember Stoner made a motion, seconded by Coun- cilmember Elliott, to adopt Ordinance No. 92, 1984 on Second Reading. [see page 551) The vote on Councilmember Stoner's motion to adopt Ordinance No. 92, 1984 on Second Reading was as follows: Yeas: Councilmembers Clarke, Elliott, Knezovich, and Stoner. Nays: Councilmembers Horak, Ohlson, and Rutstein. THE MOTION CARRIED. Other Business Resolution Appointing Two Councilmembers to Serve on the Open Space Corridor Ad Hoc Committee, Adopted Following is the staff's memorandum on this item: -67- July 17, 1984 "Thursday, July 12, 1984, The Larimer County Commissioners (Thayer and Hotchkiss) met jointly with the Fort Collins City Council and the Loveland City Council to discuss issues of mutual concern. The corridor area between the urban growth area of Loveland and Fort Collins was a topic of interest and discussion. To quote both Councilmember John Knezovich and Commissioner Hotchkiss, "It is time to fish or cut bait". Although there is obvious frustration with another corridor committee, the task as out- lined can be achieved. All participants agreed that the timing was crucial. As the attached resolution outlines, Council should appoint 2 members to serve as representatives to the Ad Hoc Committee on the corridor. Their task will be: o To investigate and review different development/preservation scenarios for the corridor. o Obtain for discussion purposes rough appraisal of the land in the corridor. o Discuss and review various mechanisms or combinations of mechanisms which may be utilized to achieve the recommended scenarios. o Make recommendation within 6 months to the Commissioners and full Councils. The committee can utilize staff expertise as necessary." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Resolution 84-113 inserting the names of Ohlson and Stoner. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Elliott made a motion, seconded by Councilmember Ohlson, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 9:40 p.m. ATTEST: Mayor ` City Clerk