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HomeMy WebLinkAboutMINUTES-02/21/1989-RegularFebruary 21, 1989 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 21, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation naming February 24 as Jaime Escalante Day was accepted by Kevin Irvine representing Boltz Junior High. B. Proclamation naming February 28 as Ellison Onizuka Day was accepted by a representative of Native American Student Services. C. Proclamation naming March 12-18 as Kellvweek was accepted by a representative of Kelly Temporary Services. D. Proclamation naming the month of March as Music in Our Schools Month was accepted by a representative from the teaching and music staff of Poudre R-1 Schools. E. Proclamation naming the month of March as Holli Hampton Month was accepted by Eileen Hix, a representative of the fund raisers. F. Proclamation naming March 5-10 as Catholic Schools Education Week was accepted by a representative from St. Joseph's School. G. Proclamation naming the month of February 1989 as Colorado Heart Month was accepted by Dr. David Sable, representing the Larimer County Heart Association Board of Directors. H. Proclamation naming Saturday February 25 1989 as Trio Day, was accepted by Nate Easely, Counselor, representing Upward Bounds. Jim Creeden, P.O. Box 1022, announced the formation of the STP Organization which stands for "Stop The Perverts". He spoke of a letter to Steve Burkett from twenty-four Police Department employees who asked for resolution of on -going law suits involving Police Department employees. -118- February 21, 1989 June Havekost, Fort Collins resident, noted her concern regarding the pending Police Department law suits, the Police Department morale issues, and the letter mentioned by Mr. Creeden. Agenda Review: City Manager City Manager Burkett stated a new ordinance had been provided for Item #17, Items Relating to Highway 14 East First Annexation and Zoning, correcting the zoning issues in the annexation. Councilmember Kirkpatrick requested Item #11, Second Reading of Ordinance No. 20, 1989, Amending Section 9-2 of the Code of the City of Fort Collins Relating to Amendments and Additions to the Uniform Fire Code, 1985 Edition, be withdrawn from the Consent Agenda. Councilmember Mabry asked that Item #15, Items Relating to the Expansion and Upgrade of the Computerized Traffic Signal System, be removed from the Consent Agenda. Jim Creeden, 4020 Goodell Lane #4, withdrew Item #27, Resolution 89-51 Authorizing the Mayor to Enter into Intergovernmental Agreement With the City of Loveland for Certain Police Services, 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 #29, Pulled Consent Items. Consider approval of the minutes of the regular meeting of February 7. Second Reading of Ordinance No. 12, 1989, Amending Chapter 29 of the Code of the City of Fort Collins Relating to the Regulation of Signs. This Ordinance, which was unanimously adopted on First Reading on February 7, amends various portions of the Zoning Code pertaining to political signs. The changes will result i- -ategorizing "political signs" into two new sign classifications: "election signs" and "ideological signs." The amendments will also establish specific regulations for these two types of signs with respect to size and duration as well as make some other minor changes to aid in the administration of this Ordinance. These changes are in keeping with the purpose of the Sign Code, for , example, protecting the aesthetic qualities of the City and ensuring the safety of vehicular and pedestrian traffic, while still -119- February 21, 1989 recognizing the First Amendment rights of the persons posting the signs. 7. Proposals were received on February 2 from 13 firms to provide lease/purchase financing for the City's current equipment requirements. The lowest net effective interest rate of 7.58% was received from General Electric Fleet Services, Inc. of Eden Prairie, Minnesota. This Ordinance, which was unanimously adopted on First Reading on February 7, authorizes the lease/purchase of the equipment and vehicles needed by the City. [M This Ordinance, which was unanimously adopted on First Reading on February 7, proposes to amend the code for three purposes: 1) to bring provisions of the industrial pretreatment program into ' compliance with new Environmental Protection Agency requirements; 2) to correct minor inconsistencies in the pretreatment program; 3) to amend sections that prohibit the deposit of septage wastes into the wastewater system to allow use of the septage transfer station. a This Ordinance was unanimously adopted on First Reading on February 1. The owners of the property at 2020 South College known as Silo Plaza have requested that a portion of South College Avenue right-of-way located adjacent to their property be vacated as street right-of-way, however, retaining the same area as a utility easement. The right-of-way was originally dedicated by the owners of this property for a future frontage road. This was required by the City at a time when the City intended to have frontage roads constructed all along South College Avenue. Since the City no longer plans to construct a frontage road in this location, no need exists for keeping this portion of street right-of-way. All city agencies, the State Highway Department, and utility companies have been contacted and have no objections to the proposed vacation of right-of-way and reservation for a utility easement. 1 -120- February 21, 1989 10. Second Reading of Ordinance No. 16, 1989, Appropriating Unanticipated Revenue in the Transportation Services Fund. On February 7, Council unanimously adopted Resolution 89-30 Authorizing a Contract with the State of Colorado for the Receipt of Federal Aid to Urban Systems (FAUS) to Operate a Ridesharing Program (Commuter Pool). This Ordinance, which was unanimously adopted on First Reading on February 7, appropriates unanticipated revenues to fund an on -going ridesharing program for calendar year 1989. Federal Aid to Urban Systems (FAUS) funding has been identified and is available to the City for this purpose. This source increases the amount of federal funding available to the City for the ridesharing program. Even though these are federal funds, the State of Colorado is the administrator of the rideshare program, thus necessitating a contract with the state and a resolution authorizing an intergovernmental agreement. This Ordinance, which was unanimously adopted on First Reading on ' February 7, amends the 1985 edition of the Uniform Fire Code (UFC) which was last adopted and amended by the City in 1986. It includes special provisions relating to the prevention and detection of leaks from underground storage tanks containing flammable and combustible liquids and hazardous materials, including the requirements of improved leak detection equipment and methods for all new and existing underground storage tanks, secondary containment in special cases and site assessments at one of 2 levels for all leak incidents. It also allows the Fire Chief to initiate more rapid and affirmative actions in identifying and mitigating the fire and safety hazards associated with underground storage tank leaks. Adoption of this Ordinance will begin the implementation of a comprehensive local underground storage tank program. Other program components include: ■ Improving the quality and frequency of inspections of system installations and removals ■ Locating and evaluating existing tanks ■ Providing an educational program ■ Improving inspector qualifications The entire program, including this Ordinance, is recommended to Council by the Poudre Fire Authority Board of Directors and has been endorsed by the Building Review Board and the Natural Resources Board. , This Ordinance has been amended on Second Reading, at CounciI's request, to include the requirement that the Poudre Fire Authority -121- 12. 13. February 21, 1989 forward copies of any site assessments received by it to the City's Natural Resources Department and the County Health Department. Adoption of the Consent Calendar will adopt this Ordinance on Second Reading as amended. Property. This Ordinance establishes regulations for natural gas facilities in the public right-of-way. These regulations are intended to protect the City's investment in its streets and rights -of -way. The installation, repair and maintenance of gas facilities in City streets has an impact on the street network in Fort Collins. Excavation and repair of City streets, resulting from Public Service Company's activities in the public right-of-way, needs to be done in accordance with standards that ensure a minimal impact on the life and structural integrity of the streets. Staff has met with representatives of Public Service Company to reach an agreement on the rights and responsibilities of PSC and the City, where natural gas facilities in the City's rights -of -way are concerned. This Ordinance formalizes staff's understanding of that agreement. The Ordinance is similar to the regulations Public Service Company followed under its previous franchise. Staff has updated some of the regulations to bring them in line with current City policies and standards. In June of 1986, the developer of Arbor Plaza PUD contributed $25,000 to the City as mitigation for the disturbance of the Mail Creek Drainage and its associated vegetation. As of this date, none of these funds have been used for mitigation activities. Staff believes the following options should be authorized for expenditure of the mitigation funds: 1. Purchase of lands which have been identified as areas of high sensitivity with respect to potential as wildlife habitat. 2. Purchase of conservation easements for land areas which have been identified as areas of high sensitivity with respect to potential ' for wildlife habitat. -122- 14. 15. February 21, 1989 3. Enhancement of wildlife habitat in areas identified as of high or moderate sensitivity, through grading, planting, vegetation modification, or other appropriate restoration techniques. 4. Enhancement of wildlife habitat in existing parks, open spaces, stormwater management areas, or streetscapes. 5. Funding assistance for -development or enhancement of wildlife habitat, or educational/interpretation opportunities in City owned Natural areas (e.g. the Gustav Swanson Nature Area), where such projects are of benefit to the community at large, and involve public, private, or non-profit funding sources. Staff intends that the benefits accruing to the community from these funds be maximized by using the funds on a variety of projects, and when possible, as "seed money" to help foster the initiation or success of individual projects. The funds will be placed in the Capital Projects Fund for wildlife habitat mitigation. Beverages. The proposed Ordinance amends Chapter 3 of the City Code relating to ' alcoholic beverages in order to clarify and update certain provisions, delete provisions which duplicate the state law relating to the regulation of the sale of alcoholic beverages, streamline procedures where appropriate, and improve the overall organization of the Chapter. A. Resolution 89-42 Authorizing an Intergovernmental Agreement with the State Department of Highways Allocating $450,000 of FAUS Money to the Computer System Expansion Project. B. Hearing and First Reading of Ordinance No. 23, 1989, Appropriating Unanticipated Revenue in the Federal Aid to Urban Systems (FAUS) Fund. This Resolution authorizes the approval of an Intergovernmental Agreement with the State Department of Highways allocating $450,000 of Federal Aid Urban Systems (FAUS) money and $9,000 Local Agency Non -Participating Funds for the Computer System Expansion Project. The City of Fort Collins has received federal and state approval to use Federal Aid Urban Systems money, totaling $450,000 for the ' continued expansion of the computerized traffic signal system. These grant funds are to be used for engineering, material procurement, and installation of the system expansion. -123- FJ 16. 17 February 21, 1989 The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $35,000. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will be used to support the already existing drunk driving enforcement program within the Department. The grant will provide for the majority of the salary for the DUI officer assigned to the lead on drunk driving enforcement. This Ordinance appropriates $35,000 in grant funds for expenditure in the Police Department's Drunk Driving Enforcement Program. Items Relating to Highway 14 East First Annexation and Zoning_ Resolution 89-45 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Highway 14 East First Annexation. Hearing and First Reading of Ordinance No. 24, 1989, Annexing Approximately 2.8 Acres Known as Highway 14 East First Annexation. C. Hearing and First Reading of Ordinance No. 25, 1989, Zoning Approximately 2.8 Acres Known as Highway 14 East First Annexation, into the RC River Corridor District. This is a request to annex and zone approximately 2.8 acres located north of Highway 14, northeast of the Wastewater Treatment Plant and south of the Poudre River. The requested zoning is the RC River Corridor District. APPLICANT: State Department of Highways OWNER: Same - Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer 18. Items Relating to Highway 14 East Second Annexation and Zoning A. Resolution 89-46 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Highway 14 East Second Annexation. B. Hearing and First Reading of Ordinance. No. 26, 1989, Annexing Approximately 3.4 Acres Known as Highway 14 East Second Annexation. -124- 19 r� February 21, 1989 Hearing and First Reading of Ordinance No. 27, 1989, Zoning Approximately 3.4 Acres Known as Highway 14 East Second Annexation, into the RC River Corridor District. This is a request to annex and zone 14 right-of-way, located southeast and southwest of the Poudre River River Corridor District. approximately 3.4 acres of Highway of the Wastewater Treatment Plant The requested zoning is the RC APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer Items Relating to Highway I-25 First Annexation and Zoning. Resolution 89-47 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Highway I-25 First Annexation. Hearing and First Reading of Ordinance No. 28, 1989, Annexing Approximately 110.6 Acres Known as Highway I-25 First Annexation. Hearing and First Reading of -Ordinance No. 29, 1989, Zoning Approximately 110.6 Acres Known as Highway I-25 First Annexation, into the I-L Limited Industrial District. Request to annex and zone approximately 110.6 acres of I-25 right-of-way located between County Road 48 and County Road 52. The requested zoning is the I-L Limited Industrial District. APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer The Resolution would authorize the Mayor to enter into an intergovernmental agreement with CSU to conduct fish and benthic biosurveys in the Poudre River during 1989. The biosurveys are necessary to assess the impact of wastewater discharges on aquatic life in the river. -125- 21. WAI 23. February 21, 1989 The Resolution would authorize the Mayor to enter into a two-year agreement with Colorado State University to collect and process potable water samples on campus and to report the results to the City. The purpose of the sampling program is to be able to identify and correct any drinking water quality problems that may occur at CSU. The applicant and property owner, Fort Collins Industrial and Technical Park Venture, has submitted a written petition requesting annexation of approximately 38.09 acres located south of Vine Drive and east of Summit View Road. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will annex property in the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the East Vine Drive Annexation to the northeast. The applicant and property owner, Fort Collins Industrial and Technical Park Venture, has submitted a written petition requesting annexation of approximately 119.24 acres located south of Vine Drive and east of Summit View Road. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held ' at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. OW12 24. 25. February 21, 1989 9 The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the. Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will annex property in the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Fort Collins Industrial and Technical Park Venture First Annexation to the north. The City of Fort Collins is the applicant and owner of the property to be annexed, which is 3.6 acres of Lemay Avenue and Hoffman Mill Road right-of-way, located between the Burlington -Northern Railroad Tracks and Mulberry Street. The proposed Resolution makes a finding that the proposed annexation substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado Law. ' The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Riverside Lemay Annexation to the east and west. The City of Fort Collins is the applicant and owner of the property to be annexed, which is 6.2 acres of Lemay Avenue right-of-way, located between Mulberry Street and Lincoln Avenue. The proposed Resolution makes a finding that the proposed annexation substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado Law. The property is located within the Fort Collins Urban Growth Area. ' According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City -will annex property in -127- 26. February 21, 1989 the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Second Fisher-Lemay Annexation to the east and the Northeast Consolidated Annexation to the northwest. The applicants and owners, Fred R. and Dorothy L. McClanahan, have submitted a written petition requesting annexation of approximately 9.1 acres located west of S. College Avenue and south of Harmony Road. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will annex property in ' the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundaries with the Fairway Estates Business Annexation to the east and the Mill 1st and 2nd Annexations to the south. 27. Shortly after the incident involving Wayne Strozzi which took place in Loveland on January 3, 1989, the City of Loveland asked Fort Collins Police Services to perform a factual investigation which would include the actions performed by Loveland Police Services as well as the other events that occurred. Fort Collins Police Services agreed to undertake the task contingent on a written agreement. The nature of the task required Police Services to begin performance immediately. The written agreement provides that: The Fort Collins Department Of Police Services shall conduct an administrative investigation to determine, as nearly as possible what occurred during the incident report its findings and conclusions to Loveland -128- February 21, 1989 The City of Loveland agrees to: ' make available to the Fort Collins Police Services Department all employees, reports and places pertinent to the investigation assist in the conduct of the investigation as requested release Fort Collins from any claim of liability and to indemnify Fort Collins from claims resulting from the performance of these services It will serve as a ratification of the tasks performed and the terms under which they were performed in the event of any future inquiries concerning this situation. 28. Routine Deeds and Easements. a. Poudre River Crossing -Overland Trail Waterline Easements The Poudre River Crossing -Overland Trail Waterline is a replacement project to improve water services in the Laporte area. It involves abandoning an existing three-inch waterline and replacing it with an eight -inch main waterline. These are the only three easements needed. Construction is scheduled to begin in March. 1) James S. Brinks ' Consideration: $600 (rural residential acreage based on $5,000/a) 2) County of Larimer Consideration: $10 3) Colorado Division of Wildlife Consideration: $10 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Item #8. -129- February 21, 1989 ' Item #9. Second Reading of Ordinance No 15 1989 Vacating a Portion of the Right -of -Way of College Avenue in the Replat Of Block 2 And Lots I To 7 Inclusive Of Block 1 Of The St. Vrain Subdivision and Serving the Same for Utility Purooses Item #10. Item #11. Second Reading of Ordinance No 20 1989 Amending Section 9 2 of Snood of the City of Fort Collins Relating to Amendments and Additions to the Uniform Fire Code 1985 Edition. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No 21 1989 Amending Chapter 6 of the Code of The City of Fort Collins Concerning the Regulation of Natural Gas Company Facilities Located in City Streets and Other City Property. Item #13. Hearing and First Reading of Ordinance No 22 1989 Appro- priating $25,000 Contributed to the City by the Developer of Arbor Commercial Plaza SID #88 in June of 1986 as a Mitigation ' Payment for Impacts of the Development upon the Environment and Wildlife Habitat. Item #14. Hearing and First Reading of Ordinance No 23 1989 Amending Chapter 3 of the Code of the City of Fort Collins Relating to Alcoholic Beverages Item #15. B. Hearing and First Reading of Ordinance No. 23 1989 A ro- Priating Unanticipated Revenue in the Federal Aid to Urban Systems (FAUS) Fund Item #16. Hearing and First Reading of Ordinance No 30 1989 Appro- priating- Unanticipated Revenue of 135,000 from the Colorado Division of Highway Safety for the fort Collins Drunk Driving Enforcement Program Item #17. B. Hearing and First Reading of Ordinance No 24 1989 Annexing Approximately 2 8 Acres Known as Highway 14 East First Annexation. C. Hearing and First Reading of Ordinance No 25 1989 Zoning Aporoximately 2.8 Acres Known as Highway 14 East First Annexation into the RC River Corridor District. Item #18. B. Hearing and First Reading of Ordinance No. 26 1989 Annexing ' Approximately 3.4 Acres Known as Highway 14 East Second Annexation. -130- C. Item #19. B. Annexation. C. February 21, 1989 Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 20, 1989, Amending Section 9-2 of the Code of the City of Fort Collins Relating to Amendments and Additions to the Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on February 7, amends the 1985 edition of the Uniform Fire Code (UFC) which was last adopted and amended by the City in 1986. It includes special provisions relating to the prevention and detection of leaks from underground storage tanks containing flammable and combustible liquids and hazardous materials, including the requirements of improved leak detection equipment and methods for all new and existing underground storage tanks, secondary containment in special cases and site assessments at one of 2 levels for all leak incidents. It also allows the Fire Chief to initiate more rapid and affirmative actions in identifying and mitigating the fire and safety hazards associated with underground storage tank leaks. Adoption of this Ordinance will begin the implementation of a comprehensive local underground storage tank program. Other program components include: ■ Improving the quality and frequency of inspections of system installations and removals ■ Locating and evaluating existing tanks ■ Providing an educational program ■ Improving inspector qualifications -131- February 21, 1989 The entire program, including this Ordinance, is recommended to Council by the Poudre Fire Authority Board of Directors and has been endorsed by the Building Review Board and the Natural Resources Board. This Ordinance has been amended on Second Reading, at Council's request, to include the requirement that the Poudre Fire Authority forward copies of any site assessments received by it to the City's Natural Resources Department and the County Health Department. Adoption of the Consent Calendar will adopt this Ordinance on Second Reading as amended." Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Ordinance 20, 1989 on Second Reading. Yolonda C. Nicely, 1625 Crestmore Place, supported the adoption of the Ordinance and complimented staff for its work on the issues. Councilmember Kirkpatrick commented on the responsibility of Poudre Fire Authority and the affect of leaking underground storage tanks on property owners and the environment. She commented on the two proposals that are currently in the Legislature. Councilmember Maxey commented on the assistance that was received from the local petroleum suppliers in drafting the Ordinance. ' The vote on Councilmember Winokur's motion to adopt Ordinance No. 20 on Second Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Expansion and Upgrade of the Computerized Traffic Signal System Following is staff's memorandum on xhis item: "FINANCIAL IMPACT This action appropriates $450,000 in unanticipated revenue (FADS grant) to, the computerized traffic signal system. The City's matching share is estimated to be $9,000 and is appropriated in the 1989 Transportation Division Budget. EXECUTIVE SUMMARY A. Resolution 89-42 Authorizing an Intergovernmental Agreement with the State Department of Highways Allocating $450,000 of FAUS Money to the ' Computer System Expansion Project, B. Hearing and First Reading of Ordinance No. 23, 1989, Appropriating Unanticipated Revenue in the Federal Aid to Urban Systems (FAUS) Fund. -132- February 21, 1989 This Resolution authorizes the approval of an Intergovernmental Agreement with the State Department of Highways allocating $450,000 of Federal Aid Urban Systems (FAUS) money and $9,000 Local Agency Non -Participating Funds for the Computer System Expansion Project. The City of Fort Collins has received federal and state approval to use Federal Aid Urban Systems money, totaling $450,000 for the continued expansion of the computerized traffic signal system. These grant funds are to be used for engineering, material procurement, and installation of the system expansion. BACKGROUND The project includes the installation of five new signals, two pedestrian signals and the upgrade of ten existing signals. The table below indicates the location of the signals, type of construction, and the scheduled year of completion. Scheduled New Signal Year of Location Signal Upgrade Construction Horsetooth Road @ Taft Hill Road X 89 Drake Road @ Dunbar Avenue X 89 John F. Kennedy Parkway @ Horsetooth Rd X 90 Swallow Road @ Stover Street X 89 Highway 14 @ Link Lane X 90 Ticonderoga Drive @ Lemay Avenue X PED SIGNAL 90 Ped Signal X PED SIGNAL 90 Cherry Street @ College Avenue X 89 Laporte Ave @ Shields Street X 89 Mulberry Street @ Loomis Avenue X 89 Mulberry Street @ Whedbee Street X 89 Mulberry Street @ Lemay Avenue X 89 Elizabeth Street @ City Park Avenue X 89 Prospect Road @ Riverside Avenue X 89 Drake Road @ Stover Street X 89 Swallow Road @ Shields Street X 89 Harmony Rd @ College Avenue X 89 The funding for this project, as in previous computer system expansion phases, will be Federal Aid Urban System (F.A.U.S) money at a 100 percent funding level for the federal match. The City will be responsible for the non -participating project expenses. The non -participating expenses are indirect costs incurred by the State, such as copying and vehicle usage. These expenses are estimated to be $9,000 and will be funded by the Transportation Division." Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt Resolution 89-42. -133- February 21, 1989 Traffic Operations Engineer Ruth Clear gave a brief presentation and responded to questions from Council. Councilmember Horak indicated there may be a need for specific types of traffic signals on particular streets during periods of heavy traffic. Councilmember Mabry stated that some streets could be used to develop traffic signal standards. He commented on the worsening condition of the air quality in Fort Collins. The vote on Councilmember Winokur's motion to adopt Resolution 89-42 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 23, 1989 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. ' Resolution 89-51 Authorizing the Mayor to Enter into Intergovernmental Agreement With the City of Loveland for Certain Police Services, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The financial impact is principally an indirect one due to the time spent by Police Services in performing the investigation and reporting its findings. In addition, the City expended approximately $7,000 in out-of-pocket expenses due mostly to overtime pay. The City Manager's office is discussing the subject of reimbursement with Loveland. EXECUTIVE SUMMARY Sho&ly after the incident involving Wayne Strozzi which took place in Loveland on January 3, 1989, the City of Loveland asked Fort Collins Police Services to perform a factual investigation which would include the actions performed by Loveland Police Services as well as the other events that occurred. Fort Collins Police Services agreed to undertake the task contingent on a written agreement. The nature of the task required Police Services to begin performance immediately. -134- February 21, 1989 The written agreement provides that : I The Fort Collins Department Of Police Services shall conduct an administrative investigation to determine, as nearly as possible what occurred during the incident, report its findings and conclusions to Loveland The City of Loveland agrees to : make available to the Fort Collins Police Services Department all employees, reports and places pertinent to the investigation - assist in the conduct of the investigation as requested release Fort Collins from any claim of liability and to indemnify Fort Collins from claims resulting from the performance of these services It will serve as a ratification of the tasks performed and the terms under which they were performed in the event of any future inquiries concerning this situation." Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-51. Jim Creeden, 4020 Goodell Lane #4, questioned the delay in bringing the I agreement to Council and requested clarification regarding when Fort Collins would be reimbursed by the City of Loveland. Yolonda C. Nicely, 1625 Crestmore Place, suggested a mutual aid agreement between the surrounding communities. City Manager Burkett clarified that the majority of the cost was from the overtime spent on the investigation. Councilmember Horak supported reimbursing the Police Department from the City Manager's contingency fund should the City of Loveland not be able to meet its financial obligation. The vote on Councilmember Horak's motion to adopt Resolution 89-51 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No,. 17, 1989, Authorizing the Aggregate Refunding of Special Improvement District Bonds, Second Reading Tabled to February 28 ' Following is staff's memorandum on this item: -135- February 21, 1989 I"EXECUTIVE SUMMARY The Council Finance Committee, staff and the City's underwriters, Boettcher & Company and Kirchner Moore and Company, have been discussing an aggregate refunding of most of the City's special improvement district bonds for some time. The aggregate refunding is part of the recommended solution to the negative cash flows anticipated in most of the special improvement districts currently assessed. Special improvement district bonds in the amount of $13.2 million are proposed to be refunded. This Ordinance was adopted 6-0 on First Reading on February 7. The bonds were to be marketed between First and Second Reading of the Ordinance and bond interest rates inserted prior to final passage. Because of the size of the issue, the timing, and the President's Day holiday, marketing of the bonds was delayed. Therefore, staff recommends tabling of the Ordinance on Second Reading until February 28 to allow sufficient time for the issue to be marketed." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Winokur made a motion, seconded by Councilmember Horak, tc table Ordinance No. 17, 1989 on Second Reading until February 28. Yeas: ' Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Ordinance 18, 1989, Amending Ordinance No. 2, 1986 Which Assessed the Cost of Landmark Special Improvement Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The Landmark Special Improvement District was created on October 18, 1983 and consisted of street, water, sewer, and storm drainage improvements to Shields Street for the Landmark Apartment complex. The original assessment of $315,000 was levied on the property in January of 1986 and the first installment was billed in May of 1986. More than a year ago the sole property owner, Landmark Apartments, Inc., requested that the City refund the bonds outstanding in the District to extend the assessment payments so that final payment would occur in 1996 rather than 1991, thus reducing the annual principal installment from $52,500 to $20,000. The only practical way to refund the bonds is to include them in an aggregate refunding that would be large enough to make the issue marketable. Since the outstanding bonds for the District are included in the City's aggregate refunding, the final step in extending the term of payment is to amend the assessing ordinance. 136- February 21, 1989 The amendment to the assessing ordinance presents no risk to the City's ability to collect the assessment. The outstanding balance of the assessment will not change, nor will the rate of interest. No challenge will be made by the property owner as the amendment is made at its request. This Ordinance, which was adopted 6-0 on First Reading on February 7, amends the assessing Ordinance. Staff is recommending tabling this Ordinance on Second Reading to February 28 to coincide with the Second Reading of Ordinance No. 17, 1989 which authorizes the aggregate refunding." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to table Ordinance No. 18, 1989 on Second Reading until February 28. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Ordinance No. 19, 1989, Amending Chapter 22 of the Code of the City of Fort Collins Relating to , Public Improvements. Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Many of the City's cash flow problems associated with current special improvement districts are the result of inconsistent procedures and policies relating to the timing of assessments, failure to capitalize sufficient interest, interest accrual dates, and interest rates. Also deficits within special improvement districts have been caused by delinquent assessment payments and defaults. The recommended changes address these problems in order to ensure the continuing viability of special improvement district bond financing as a means to finance needed infrastructure and encourage economic development. On February 7 by a vote of 6-0, Council adopted Ordinance No. 19, 1989 on First Reading and Resolution 89-36, Modifying the policies for Special Improvement Districts." Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict on interest. Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 19, 1989 on Second Reading. 2RIA 1 February 21, 1989 Lucia Liley, 1113 Williams Street, commented on the fair and effective process and the commitment of staff and the Finance Committee on this item. Councilmember Winokur noted his appreciation for Ms. Liley's comments and thanked Pete Dallow for his assistance on this issue. Councilmember Horak thanked Ms. Liley and Mr. Zakely for their input and ideas surrounding the issue. Mayor Stoner thanked the Council Subcommittee and staff for the time spent reaching this agreement on the SID policies. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 19, 1989 on Second Reading was as follows: -Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Nbne. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Appeal of the Final Decision of the Planning and Zoning Board on January 5, ' 1989, Denying the 403 S. Whitcomb PUD Preliminary and Final Plan, Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On January 5, 1989 the Planning and Zoning Board denied the 403 S. Whitcomb PUD Preliminary and Final Plan on a 4-2 vote, finding that the proposed use was inconsistent with the City's Comprehensive Plan and, therefore, failed to meet Criteria #5 of the All Development Chart of the Land Development Guidance System. On January 19, 1989, an appeal of that final decision was made for Stephen McGinnis, the Appellant, by Lucia A. Liffey of March and Myatt, P.C. Description of Proiect The 403 S. Whitcomb PUD Preliminary and Final Plan consists of a proposal to construct a 528 square foot addition to an existing garage for the sale of antiques and collectibles at a single family residence. The site is located at 403 S. Whitcomb, which is the southwest corner of the intersection of Whitcomb and Magnolia Street. The site is zoned R-H, High Density Residential. The proposed Preliminary and Final Plan was evaluated against the absolute criteria of the Land Development Guidance System. Based on this evaluation, staff found that the project failed to meet Criteria #5 of the "All Development" Point Chart of the LDGS, which states "Is the development 138- February 21, 1989 in accordance with the adopted elements' of the Comprehensive Plan, including but not limited to: Master Street Plan and other adopted street policies; Open Space Plan and other adopted open space policies?" The elements of the Comprehensive Plan that were reviewed by staff for this project were the Land Use Policies Plan and the Goals and Objectives. The Goals and Objectives document of the Comprehensive Plan states the following objectives for achieving preservation and development of unique qualities and characteristics of all neighborhoods: "Protect against the intrusion of incompatible commercial and business activities which have a significant negative impact upon predominantly residential areas." Other objectives for achieving maximum compatibility between land uses are: "Protect the character of new and existing residential neighborhoods against intrusive and disruptive surrounding development," and; "Protect older residential areas from encroachment by industrial and commercial uses which may impair the viability of the residential neighborhood." These goals and objectives are intended to discourage the premature , conversion of property to an inappropriate land use and to encourage the maintenance and stability of viable, older residential neighborhoods. The introduction of a commercial use, regardless of its scale or magnitude, begins to create pressure for the conversion of other residential uses, threatening the area's viability as a residential neighborhood. The Planning and Zoning Board denied the 403 S. Whitcomb Preliminary and Final Plan on a 4-2 vote at the January 5, 1989 Board meeting, finding that it was not in conformance with adopted goals, objectives and policies of. the City's Comprehensive Plan. The Appeal The Appellant has filed the appeal on the following grounds: (a) Abuse of discretion, in that the decision of the Planning and Zoning Board was arbitrary and without the support of competent evidence on the record; (b) Failure to properly interpret and apply relevant provisions of the Code and Charter; and (c) Failure to conduct a fair hearing in that the Board exceeded its authority or jurisdiction as contained in the Code and Charter. These grounds of appeal are valid as set forth,in Section 2-48 of the Code. -139- February 21, 1989 Scope of Council Consideration of Appealed Preliminary and Final Plan The issues that the Council must resolve in this appeal are three -fold: 1. Did the Board abuse its discretion, in that its decision was arbitrary and without the support of competent evidence on the record? 2. Did the Board fail to properly interpret and apply relevant provisions of the Code and Charter? 3. Did the Board fail to conduct a fair hearing in that it exceeded its authority or jurisdiction as contained in the Code and Charter? City Attorney Steve Roy explained the appeal process procedure and responded to questions from Council. Councilmember Horak made a motion, seconded by Councilmember Maxey, to find that the grounds are sufficient for an appeal. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. ' Senior City Planner Sherry Albertson -Clark gave a brief presentation and responded to questions from Council. Lucia Liley, attorney with March and Myatt, representing Steven McGinnis, appellant, summarized Mr. McGinnis' association and ownership of the property at 403 South Whitcomb. She commented on the zoning location of the property and the land use issues regarding service and retail uses. She commented on the improper use of the Westside Plan in this project. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to overturn the decision of the Planning and Zoning Board. Councilmember Maxey commented on his familiarity with the neighborhood and stated he believed that the introduction of commercial businesses had not depreciated property values in the neighborhood. Councilmember Mabry stated that he was not totally comfortable with the Land Development Guidance System usage regarding this issue and noted the inconsistencies in the criteria. He encouraged sending the issue back to the Planning and Zoning Board for further action. Councilmember Estrada commented on staff's effort to make the issue compatible with the Land Development Guidance System and stated he would not be supporting the motion. Councilmember Kirkpatrick stated she would not support the motion due to the compatibility conflict and retail use issues. 140- February 21, 1989 Councilmember Mabry commented on the zoning of the property and the retail uses that are available. Councilmember Horak noted the peculiarities of the Land Development Guidance System regarding the Whitcomb neighborhood and stated he would be supporting the motion. Mayor Stoner stated he would not be supporting the motion and commented on spot -zoning and the one -lot PUD issues. He stated he believed that inserting a retail land use within the residential area would go against the principles of the Land Development Guidance System. The vote on Councilmember Maxey's motion to overturn the decision of the Planning and Zoning Board was as follows: Yeas: Councilmembers Horak, Mabry, and Maxey. Nays: Councilmembers Estrada, Kirkpatrick, Stoner, and Winokur. THE MOTION FAILED. Councilmember Estrada made a motion, seconded by Councilmember Kirkpatrick, to uphold the decision of the,Planning and Zoning Board. Councilmember Horak commented on the limitations of the home occupation license. The vote on Councilmember Estrada's motion to uphold the decision of the Planning and Zoning Board was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Stoner, and Winokur. Nays: Councilmembers Horak, Mabry, and Maxey. THE MOTION CARRIED. Items Related to the Noel Annexation and Zoning. Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 6, 1989 Annexing Approximately 287.5 Acres Known as the Noel Annexation. B. Hearing and First Reading of Ordinance No. 7, 1989 Zoning Approximately 100.0 Acres of the Noel Annexation into the R-L-P Low Density Planned Residential District and Approximately 187.5 Acres into the R-F Foothills Residential District. On January 3, Council adopted by a vote of 6-0 Resolution 89-3 Finding Substantial Compliance and Initiating Annexation Proceedings for the Noel Annexation. On February 7, 1989, these items were tabled to this date to allow resolution of a potential conflict of interest situation. 1 1 -141- 9 rj `J February 21, 1989 This is a request to annex and zone approximately 287.5525 acres located west of Overland Trail and north of West Prospect Road (extended). Approximately 4.6123 acres of the annexation is owned by the City of Fort Collins and is the location of a water storage tank. The requested zoning is in two parts: 1) 187.5420 acres of R-F Foothills Residential for the western portion of the property; and 2) 100.0105 acres of R-L-P Low Density Planned Residential for the eastern portion of the property; and is further conditioned by specific density and design conditions contained in an Annexation Agreement. The property is presently undeveloped. This is a voluntary annexation. APPLICANT: Gefroh-Hattman Inc. 135 West Swallow Rd. Fort Collins, CO OWNERS: Wallace Noel 253 Grey Rock Rd. Laporte, CO City of Fort Collins Larimer County Planning Commission Recommendation• On January 18, 1989, the Larimer County Planning Commission reviewed the City's Annexation Impact Report for the Noel Annexation. State of Colorado Annexation laws require the City to submit an Annexation Impact Report to the County. The Planniri Commission expresses concern with the intensity of development allowed under the Noel Annexation Agreement and recommends the annexation agreement be amended to limit development in a manner consistent with the Larimer County Comprehensive Plan and the UGA Agreement. Further background information and comments on the annexation are contained in the attached January 25, 1989 letter from Mr. Henry R. Baker, Larimer County Director of Planning." Councilmember Kirkpatrick withdrew from discussion and vote on this item due to a perceived conflict of interest. Wallace Noel, 253 Grey Rock Road, Laporte, agreed to a combined discussion on the annexation and zoning proceedings. Chief Planner Ken Waido gave a brief presentation and responded to questions from Council. Laurie O'Dell, Planning and Zoning Board Chairperson, commented on the R-F Zone designation for the property and the use of the Foothills Policy Plan for the proposed annexation. City Attorney Roy outlined the provisions in the state statutes regarding the areas eligible for annexation. Mr. Noel commented on the City's Master Plan and stated he believed the Foothills Policy was misleading. Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 6, 1989 on First Reading. -142- February 21, 1989 Bob Ray, attorney representing Wallace Noel, commented on the annexation and zoning proposal and noted the conditions of the proposal. Brad Edwards, representing the Poudre Canyon branch of the Sierra Club, expressed concern regarding the section of land that would be rezoned R-L-P. John Clarke, 706 East Stuart, supported annexation of the property and urged protection of the 5200' line. He discussed the development of the Urban Growth Area along Overland Trail and the agreement between the County and City regarding new development. Carl Reed, 2536 West Prospect, encouraged proper use of the property for the environment and encouraged Council to consider the following points: 1) The impact on the existing utility infrastructure 2) The impact on education 3) Visual impact 4) Transportation and traffic problems 5) Preserving the environment, while coping with transition Rex Miller, 3833 Spruce, expressed concern regarding the annexation along the foothills and suggested some form of policy be developed to protect the open space areas. He expressed the need to establish guidelines for policing and maintaining the property. Councilmember Estrada noted the complexity of the annexation and commended Mr. Noel on his willingness to make compromises with the City regarding the annexation. He encouraged remanding the annexation to the Planning and Zoning Board for further consideration. Councilmember Winokur commented on the natural boundary lines of the property and spoke of the process that was used to develop a policy regarding the Urban Growth Area and the foothills. He noted his support for Planning and Zoning Board review of the annexation issue. Councilmember Horak stated he was not completely comfortable with the annexation and zoning procedure. Councilmember Mabry encouraged addressing one issue at a time, thus allowing the -roperty owner to know exactly where he stands regarding the annexation. ,e noted his support for the Urban Growth Area Agreement and stated he would support annexation of the Noel property. The vote on Councilmember Mabry's motion to adopt Ordinance No. 6, 1989 on First Reading was as follows: Yeas: Councilmembers Mabry, Maxey, and Stoner. Nays: Councilmembers Estrada, Horak, and Winokur. (Councilmember Kirkpatrick withdrawn) THE MOTION FAILED. 1 -143- February 21, 1989 Councilmember Mabry made a motion, seconded by Councilmember Maxey, to amend the Urban Growth Area Agreement by deleting any commitment to consider annexing property when it's eligible to be annexed and to communicate that to the Larimer County Commissioners. City Attorney Roy clarified the legal ramifications of annexing the property and described the zoning requirements outlined by the State Statute. Councilmember Horak expressed concern regarding the legitimacy of the motion. Mayor Stoner noted he would not support the motion. The vote on Councilmember Mabry's motion to amend the Urban Growth Area Agreement was as follows: Yeas,: Councilmember Mabry. Nays: Councilmembers Estrada, Horak, Maxey, Stoner, and Winokur. (Councilmember Kirkpatrick withdrawn) THE MOTION FAILED. Councilmember Winokur made a motion, seconded by Councilmember Maxey, to remand the issue to the Planning and Zoning Board for further examination and continued discussion of the available options with regard to the zoning of the annexed property. Mr. Miller indicated the need for all affected persons to be included in the discussion and development of new foothills policies. Mr. Noel questioned the annexation approval of the Stuart property and the involvement of the Planning and Zoning Board. Sanford Kern, Planning and Zoning Board member, commented on the adherence to the foothills policy when the Stuart property was annexed and zoned. Mayor Stoner indicated his support for annexing the Noel property, thus allowing the City to have control over the property. The vote on Councilmember Winokur's motion to remand the issue to the Planning and Zoning Board for further examination was as follows: Yeas: Councilmembers Horak and Winokur. Nays: Councilmembers Estrada, Mabry, Maxey, and Stoner. (Councilmember Kirkpatrick withdrawn) THE MOTION FAILED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt an agreement to only consider the annexation of the property and postpone consideration of the zoning Ordinance for 90 days, until the Planning and Zoning Board can present Council with a zoning recommendation. Bob Ray, attorney representing Wallace Noel, stated he believed the motion was a fair and reasonable compromise. -144- February 21, 1989 Brad Edwards, representing Poudre Canyon branch of the Sierra Club, commented on the burden on the City to annex the Noel property. Councilmember Mabry stated the positive points of the motion and noted it enabled the City to maintain its agreement with the County while allowing Council to consider the recommendation of the Planning and Zoning Board. The vote on Councilmember Mabry's motion to agree to only consider the annexation of the property and postpone consideration of the zoning Ordinance for 90 days was as follows: Yeas: Councilmembers Mabry, Maxey, and Stoner. Nays: Councilmembers Estrada, Horak, and Winokur. (Councilmember Kirkpatrick withdrawn) THE MOTION FAILED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 6, 1989 on First Reading. Yeas: Councilmembers Estrada, Horak, Mabry, Maxey, Winokur, and Stoner. Nays: None. (Councilmember Kirkpatrick withdrawn) THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 7, 1989 on First Reading with changes to reflect R-F-Foothills Residential throughout the Ordinance and in Section 4, delete all items except "g", (deleting "a-f"). Councilmember Winokur noted that by adopting the motion, the commitment to maintain the Urban Growth Area would be renewed while providing the applicant with his original rights. Bob Ray, attorney representing Wallace Noel, stated that Mr. Noel would not accept the proposal. The vote on Councilmember on first reading with throughout the Ordinance (deleting "a-f") was as Mabry, Maxey, and Winokur Kirkpatrick withdrawn) THE MOTION CARRIED. Winokur',s motion to adopt Ordinance. No. 7, 1989 changes to reflect R-F-Foothills Residential and in Section 4, delete all items except "g", follows: Yeas: Councilmembers Estrada, Horak, . Nays: Councilmember Stoner. (Councilmember Resolution 89-52 Authorizing a Change Order in the Amount of $529,000 to the Wastewater Treatment Plant Modification Professional Services Agreement With Black and Veatch Engineers Following is staff's memorandum on this item: F 1 1 -145- February 21, 1989 "FINANCIAL IMPACT The change order with Black and Veatch Engineers is in an amount not to exceed $529,000. The funds are budgeted and available in the Capital Projects Fund. Existing Anheuser-Busch bonds will be used so that the entire project will be paid for by the brewery. EXECUTIVE SUMMARY Wastes from the Anheuser-Busc1 standards for pH that were set with the treatment processes at this problem, operational char, additional facilities will be bu change order is necessary in o designed the plant modifications PH control modifications. BACKGROUND Brewery have frequently not met the in the master agreement, causing problems Wastewater Plant N2. In order to solve ges will be made at the brewery and i1t at the wastewater treatment plant. A -der for Black and Veatch Engineers, who for Anheuser-Busch wastes, to design the The Anheuser-Busch brewery is required under the terms of the Master Agreement to assure that its wastewater has a pH in the range of 6-9. The brewery has experienced frequent problems in meeting that requirement and the pH has ranged from 2.3-12 when the wastes reach the wastewater plant. These pH levels impair the biological treatment processes at the plant. As a result of these problems, the brewery was given a compliance schedule under the City's Industrial Pretreatment program to build facilities to meet the pH requirements by February 9, 1989. The required facilities have been constructed and are operating, but pH variations of a lesser magnitude are continuing to occur. Part of the problem is that pH changes take place in the pipeline between the brewery and the wastewater plant, so that wastewater may meet the requirements when it leaves the brewery but exceed the requirements when it arrives at the plant. On February 9th, a meeting was held between brewery and City representatives to discuss the failure of the new treatment facilities at the brewery to correct pH variances. Brewery officials believe that operational changes in the pH control system will allow them to consistently treat the wastes to a pH range of 5-10. Because of the pH changes occurring in the pipeline, A-B has agreed to pay for the construction of modifications at the wastewater plant to bring wastes to the required range of 6-9 pH units before further treatment at the plant. Funds for these improvements will come from the A-B bond proceeds that are still available for expenditure and that are being repaid by A-B. The City has received a letter (attached) dated February 10 from Fred Weaver agreeing to payment for the modifications. ' In order to design and construct the modifications that are necessary to control pH, staff is proposing that a change order to a professional services agreement with Black and Veatch Engineers be approved. Black and Veatch has provided the design engineering and construction administration -146- February 21, 1989 services for the expansion and modifications that have been necessary at ' the wastewater treatment plant to treat A-B wastes, and prepared a pre -design report for pH control facilities last year. It is necessary to proceed as quickly as possible with modifications in order to reduce the period of time in which the City is at risk of exceeding discharge permit conditions and industrial pretreatment program requirements. The change order will allow design of the new facility to proceed immediately upon adoption of the Resolution. The design and construction administration costs are not to exceed $529,000. Construction costs will be approximately $2.5 million. If the project can be completed under a "fast track" schedule, that is, with a change order for construction, an expedited proposal process, or beginning construction before design is finalized, then the new facility can be on line by the end of 1989. If conventional processes are followed, the project will be completed by the middle of 1990." Councilmember Estrada made a motion, seconded by Councilmember Winokur, to adopt Resolution 89-52.. City Manager Burkett clarified that Anheuser-Busch will be absorbing the costs of solving the pH control problems. Water and Sewer Director Mike Smith gave a brief presentation and responded ' to questions from Council. The vote on Councilmember Estrada's motion to adopt Resolution 89-52 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kirkpatrick expressed interest in discussing the campaign contribution section of the City Code after the election. Mayor Stoner commented that the Planning and Zoning Board requested direction, prior to the upcoming hearing on (Gateway PUD) the South College Access Plan. He noted a joint work session had tentatively been scheduled for April 11 to give additional direction on the Plan. He mentioned he would be sending a letter the Planning and Zoning Board Chairperson inviting the Board to the upcoming meeting and explaining that direction will not be available until then. Councilmember Maxey noted that after the adjourned meeting on February 28, Council will consider adjourning into Executive Session to conduct interviews for the Municipal Judge position. -147- February 21, 1989 Adjournment Councilmember Mabry made a motion, seconded by Councilmember Estrada, to. adjourn the meeting until 4:30 p.m. on Tuesday, February 28, to consider adjourning into Executive Session for the purpose of conducting the interviews for the Municipal Judge position. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 11:40 p.m. M TIaII-P City Clerk 3"