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HomeMy WebLinkAboutMINUTES-05/04/1982-RegularMay 4, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. PRESENTATION OF COLORS BY BOY SCOUT TROOP #190. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 4, 1982, 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: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None. Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Denton, Carnahan, Mei tl . ' Agenda Review: City Manager City Manager John Arnold noted there would be several items of Other Business and that staff would be asking for an Executive Session. Councilmember Reeves requested Item #9, Second Reading of Ordinance No. 51, 1982, Rezoning Property Known As Fairbrooke, and Item 12, Hearing and first ea ing o Or finance No. 55, 1982, Relating to Retail Electric Rates or Service, be withdrawn frTm the Consent ca en ar. Councilmember Clarke asked that Item #15, Hearing and First Reading of Ordinance No. 58, 1982, Decreasing the Amount for Payment In-Lieu-o Water Rights from $1700 to $1500, be removed from the Consent agen a. Councilmember Wilmarth asked that Item #13, Hearing and First Reading of Ordinance No. 16, 1982, Adopting by Reference the Model Traffic Code, 1977 rU ition, an Item Hearing and First Reading of Ordinance No. 60, 1982, pp�ropriating UnanticipatedRevenue in the - ection rant un e remove rom the Consent calendar. City Manager Arnold noted that Item #19, Resolution adopting Minimum Standards and Requirements for Tenants at the Fort Collins -Loveland Air- port, had been advertised as a public hearing and would need to be remove the Consent agenda and heard at 7:30 p.m. -192- E May 4, 1982 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. 4. Consider approval of the minutes of the and the requ ar meetinq of Aori adjourned meeting of April 13 5. Second Reading of Ordinance No. 47, 1982, Appropriating Funds in the General Fund to be Transferred to the Capital Projects Fund. This Ordinance was unanimously adopted on First Reading on April 20. The 1982 General Fund budget has a capital reserve of $1,347,900 for the design and construction of capital projects. All capital projects with a completed conceptual design were rated using the Capital Project Priority Process and submitted to City Council for their consideration at the March 27 Budget Worksession. The following projects were recommended for funding in 1982 from the General Fund Capital Reserve. Capital Projects Fund Lee Martinez Restrooms $ 38,300 Off Street Parking -Downtown 106,500 Contingency for Pool (Specific action to be determined at a later date.) 100,000 City's Matching share for Transfort Expansion Grant 125,000 TOTAL $369,800 6. Second Reading of Ordinance No. 48, 1982, Appropriating Unanticipated Revenue in the Intergovernmental Personnel Act IPA Grant Fund. This Ordinance was unanimously adopted on First Reading on April 20 and appropriates the $6,777 in unexpended grant funds and interest earnings in the IPA Grant Fund. Failure to appropriate this amount would result in a failure to meet the grant stipulation for return of unexpended funds and in a failure to follow proper procedures for interest earnings in grant funds. -193- F May 4, 1982 Second Reading of Ordinance No. 49, 1982, Appropriating Unanticipated Revenue in the General Fund. The City has a contractual arrangement with First Interstate Bank whereby citizens may pay City utility bills at the bank. This Ordinance, which was unanimously adopted on First Reading on April 20, appropriates the $2,100 in computer rental income from First Interstate Bank to offset the expense of providing an additional computer terminal and an Optical Character Reader for the bank's use. Second Reading of Ordinance No. 50, 1982, Appropriating Prior Year Reserves and Unanticipated Revenue in the Pension Reserve Fund. This Ordinance was unanimously adopted on First Reading on April 20 and authorizes the transfer of $263,195 from the Pension Reserve Fund to the General Fund. Future General Fund pension unfunded liability expenses will be financed from General Fund revenue. Failure to transfer these resources would require budgeted General Fund resources to cover this expense in 1982 and maintain the Pension Reserve Fund which is no longer necessary. Second Reading of Ordinance No. 51, 1982, Rezoning Property Known As air roo e. This Ordinance was unanimously adopted on First Reading on April 20 and is a request to rezone 35.9-ac, located south of Prospect Street and approximately 1/2-mile west of Taft Hill Road. The property is presently zoned T-Transitional (since 1978), a zoning district which has no permitted land uses. Applicants are requesting the R-P, Planned Residential, zoning designation for the property. 10. Second Reading of Ordinance No. 52, 1982, Rezoning Property Known as Oak Ridge. This Ordinance was unanimously adopted on First Reading on April 20 and is a staff -initiated rezoning request to eliminate certain condi- tions placed on the R-P zoned area located on the southeast corner of the intersection of Harmony Road and Lemay Avenue. The requested change of zoning is to eliminate the conditions placed on the R-P portion (155-ac) pursuant to Ordinance No. 112-80, restricting the use of the property to a maximum of eight dwelling units per acre and requiring that the commercial allotment not be allowed in this zone. -194- May 4, 1982 11. Second Reading of Ordinance No. 53, 1982, Rezoning Property Known As 3820 South County Road This ordinance was unanimously adopted on First Reading on April 20 and would rezone a 2.62-ac parcel of land from its existing T-Transi- tion zone to R-L-P, Low Density Planned Residential. The site is located at 3820 South County Road 11 (Timberline Road). 12. Hearing and First Reading of Ordinance No. 55, 1982, Relating to Retail Electric Rates or ervice. The proposed Ordinance is presented pursuant to Council direction at the April 13, 1982 work session. The rate tariffs incorporated in this ordinance are designed to increase revenues from each rate class by 9.5%. This increase is required to partially off -set a 39.1% increase in purchased power rates experienced January 1, 1982. 13. Hearing and First Reading of Ordinance No. 56, 1982, Adopting by ' e erence t o o e ra is Code,Edition. At the April 13th Work Session, Council received detailed background material recommending the adoption of the Model Traffic Code for Colorado Municipalities, 1977 Edition. The attached Ordinance adopts that Code by reference and makes the amendments suggested to Council by the Police Department, the Traffic Engineering staff, and the City Attorney's office. The amendments set out in the Ordinance enact provisions not covered by the Model Traffic Code. 14. Hearing and First Reading of Ordinance No. 57, 1982, Amending Section o t e ode a ating to t o nnua eview o ees or treet Oversizing. Ordinance #112-1979 requires that the Street Oversizing Fee be eval- uated and adjusted, if necessary, on a quarterly basis. The last adjustment was adopted by the City Council on February 16, 1982. The fees presently are: Residential $ 246.00 D.U. Business & Commercial $3,500.00 Gross Acre Industrial $ 500.00 Gross Acre ' -195- May 4, 1982 Our recent check with local construction firms indicates a general trend of no increased prices during the coming construction season (the one firm indicating an increase of 8% will probably back down if their competitor does not increase prices). We therefore recommend that the Street Oversizing Fee Schedule adopted in February be continued with no change. Staff believes that an annual evaluation and adjustment of fees would be adequate in most instances. If circumstances change, then review of the 'fee structure could be made at more frequent intervals. 15. Hearing and First Reading of Ordinance No. 58, 1982, Decreasing the Amount or Payment In -Lieu -of Water Rig is from $ 00 to $ 0 . In January, the City's in -lieu -of water rights cash rate was reduced from $1900 to $1700. The price of CBT water has continued to decline, indicating a need to again adjust the cash rate. The prevailing price for CBT water is approximately $1500. As directed by Council, the Water Utility staff and the Water Board ' has continued to monitor the situation. Both recommend at this time that the in -lieu -of cash rate be adjusted downward to $1500 per acre-foot, in order to bring it into line with current CBT prices. 16. Hearing and First Reading of Ordinance No. 59, 1982, Amending a ection o e astewater ti ity Ordinance. In January, Council adopted the Wastewater Utility Ordinance. During the implementation of this Ordinance, staff noted the need for a housekeeping amendment to one section of the Ordinance relating to the determination of charges. The new Ordinance sets July 1 as the reporting date for the recommen- dation on user rates, to be in effect from January 1 to December 31 of the following year. This is a minor housekeeping change to bring the reporting and review dates into compliance with actual practice. 17. Hearing and First Reading of Ordinance No. 60, 1982, Appropriating Unanticipated Revenue in the UMTA-Section 8 Grant Fun . Resolution 81-128 authorized the City Manager to file an application with the Department of Transportation for a technical studies grant to address some major issues regarding Transfort operation. Grant approval has been received from the Department of Transportation ' in the amount of $24,000 for this program. The City of Fort Collins' matching share of $6,000 will be in -kind City employee work hours. -196- 1 May 4, 1982 This Ordinance appropriates the federal grant monies totalling $24,000 in the UMTA-Section 8 Fund. 18. Hearinq and First Readinq of Ordinance No. 61, 1982, Aooropriati The Auntie Stone Quester group of Fort Collins received a $500 grant from its state organization to finance preservation and rehabilitation work on the Elizabeth Stone house in the courtyard of the Fort Collins Museum. The funds have been donated to the Museum for carpentry and application of a preservative to the cabin exterior. This Ordinance appropriates $500 in the General Fund to carry out this project. 19. Resolution adopting Minimum Standards and Requirements for Tenants at the Fort Col ins -Love and Airport. On March 9th, the Airport Ad Hoc Committee held a public meeting in ' the Loveland City Hall to hear public input on the Minimum Standards and Requirements. This document is now being considered by the Councils of both Fort Collins and Loveland. In addition to those individuals or companies who lease land, buildings, facilities, and/or hangar space, this document provides the requirements for all persons who are engaged in a profitable business and utilizing the Airport, and all temporary uses of the Airport, such as air shows and fly -ins. 20. Resolution Approving a Microwave Linkage Agreement with Larimer County for the Deadman Mountain Radio Site in Connection with Joe Wright Reservoir. The attached Resolution approves an agreement with Larimer County for use of the County's communications site on top of Deadman Mountain and the microwave link with the courthouse. The County Commissioners have approved the agreement. On April 20th, Council adopted a resolution approving the lease of land from the Colorado State Land Board for this site. The agreement with the County is the final intergovern- mental agreement needed in connection with the radio system. 21. Resolution Approving Name of Fossil Creek Community Park. The Parks and Recreation Advisory Board met on March 23rd and endorsed the name of "Fossil Creek Community Park" for the new park site south of the city. The site covers 100 acres, including Portner Reservoir, ' and will be developed as a community park facility. -197- May 4, 1982 22. Routine Deeds and Easements. a) Warranty Deed from Foothills Park Associates to convey various lots in the Foothills Park Resubdivision, as required by an agreement with the developer. The purpose of this conveyance is to transfer title of the deeded property to the City to guarantee the completion of street improvements as required in the standard subdivision devel- opment agreement for Foothills Park_ Resubdivision. Should the devel- oper fail to complete the required street improvements and repairs in a timely manner, the City, by agreement with the developer, has the right to sell the lots to finance the needed improvements. b) Power line easement from Edwin C. and Leone M. Ecklund located at the rear of 3524 South Mason Street, needed or the re ocation of an electric line serving the area, necessitated by the West Horsetooth street improvement project. Consideration: $1. c) Deed of Easement from the Cities of Fort Collins and Loveland to ' The Fort Collins -Loveland Water District for the installation, opera- tion and maintenance of a booster pump station and related equipment at the Airport in connection with the Triad industrial airpark devel- opment approved by Council on April 6th. Consideration: $4,819. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Reading of Ordinance No. 47, 1982, Appropriating Funds in the Genera un to a Transferred to the Capita Projects un . Item #6. Second Reading of Ordinance No. 48, 1982, Appropriating Unan- ticipate Revenue in the Intergovernmental Personnel Act PA Grant Fund. Item #7. Second Reading of Ordinance No. 49, 1982, Appropriating Unan- ticipated Revenue in the General Fund. Item #8. Second Reading of Ordinance No. 50, 1982, Appropriating Prior Year Reserves an Unanticipate Revenue in the Pension Reserve Item #9. Second Reading of Ordinance No. 51, 1982, Rezoning Property Known As airbroo e. ' Item #10. Second Reading of Ordinance No. 52, 1982, Rezoning Property Known as Oak Ri ge. -198- 1 May 4, 1982 Item #11. Second Reading of Ordinance No. 53, 1982, Rezoning Property Known As 3820 South County Road Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No. 55, 1982, Relating to RetailElectric Rates or Service. Item #13. Hearing and First Reading of Ordinance No. 56, 1982, Adopting by Reference the Model Traffic Code, 1977 Edition. Item #14. Hearing and First Reading of Ordinance No. 57, 1982, Amending Section 95-91 of the Code Relating to the Annual Review of Fees rsizin Item #15. Hearing and First Reading of Ordinance No. 58, 1982, Decreasing the Amount for Payment In-LAeu-of Water Rights from $1700 to Item #16. Hearing and First Reading of Ordinance No. 59, 1982, Amending a ' Section of the Wastewater.Utility Ordinance. Item #17. Hearing and First Reading of Ordinance No. 60, 1982, Appro- priating Unanticipated Revenue in the UMTA-Section Grant Fund. Item #18. Hearing and First Reading of Ordinance No. 61, 1982, Appro- priating Unanticipated Revenue in the General Fund. Councilmember Knezovich made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Rezoning Property Known As Fairbrooke, Adopted on Second Readinq Following is the staff's memorandum on this item: "This ordinance was unanimously adopted on First Reading on April 20 and is ' a request to rezone 35.9-ac, located south of Prospect Street and approxi- -199- May 4, 1982 mately 1/2-mile west of Taft Hill Road. The property is presently zoned T-Transitional (since 1978), a zoning district which has no permitted land uses. Applicants are requesting the R-P, Planned Residential, zoning designation for the property." Councilmember Reeves asked the record to show she did not vote or partici- pate in the discussion of this item. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 51, 1982 on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Relating to Retail Electric Rates for Service, Adopted on First Readina Following is the staff's memorandum on this item: "The proposed Ordinance is presented pursuant to Council direction at the April 13, 1982 work session. The rate tariffs incorporated in this ordinance are designed to increase revenues from each rate class by 9.5%. This increase is required to partially off -set a 39.1% increase in purchased power rates experienced January 1, 1982. Paragraph (6), "Controlled Water Heater Service", of Schedules R, RD, and RT defines the terms under which a residential electric customer may receive an annual rebate by voluntarily allowing the Utility to control water heating service at times of electrical system emergencies and periods of anticipated peak loads. This program is commonly called "HOT SHOT" and was authorized by Council at the January 12, 1982 work session." Councilmember Reeves noted that although this item had been discussed at a work session, she felt it should have individual consideration rather than appearing on the Consent calendar. Light and Power General Manager, Bill Carnahan, summarized the materials that had been presented at the work session and reviewed the assumptions presented in September of 1981. He noted the major factors in the proposed 9.5% increase to all rate classes were: -200- May 4, 1982 1. Platte River Power Authority increase in cost of wholesale pur- chased power. 2. Reduced capital expenditures. 3. Reduced reserve levels. 4. Operation and maintenance reductions. He added this ordinance would change the tariffs to allow for a water heater load control program with a rebate of $50 rather than $20 formerly allowed for load interruption. Councilmember Horak expressed concern about the next rate increase in January of 1983. fie asked if anything could be done to minimize that increase. Carnahan replied that a close look would be taken to determine if any increase from Platte River Power Authority would be passed along to the consumers and that staff was aware that recent rate increases have been substantial so would do everything possible to attempt to minimize future increases. Councilmember Wilmarth questioned Platte River Power Authority's need for another staff attorney and asked about the newspaper article he had read referring to the possibility of the town of Lyons joining Platte River Power Authority. He asked if those two events would impact the projected 0% increases. Carnahan replied that the town of Lyons had made a request to join Platte River Power Authority but the Board had not discussed the matter at all. Mayor Cassell noted that the rationale presented was that the new staff attorney was needed due to the present work load of Brian Blakely. Councilmember Wilmarth made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 55, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopting by Reference the Model Traffic Code, 1977 Edition, Adopted on First Reading Following is the staff's memorandum on this item: -201- May 4, 1982 "At the April 13th Work Session, Council received detailed background material recommending the adoption of the Model Traffic Code for Colorado Municipalities, 1977 Edition. The attached Ordinance adopts that Code by reference and makes the amend- ments suggested to Council by the Police Department, the Traffic Engineer- ing staff, and the City Attorney's office. The amendments set out in the Ordinance enact provisions not covered by the Model Traffic Code. The Model Traffic Code, combined with the minor amendments as set out in the adopting Ordinance, provides a comprehensive code for the regulation of traffic in Fort Collins. In addition, adoption of this Code, which is published by the Colorado State Department of Highways, will expedite the approval by the State of the City's traffic ordinances to be enforced on State highways in the City." City Attorney Huisjen noted the Charter requires a hearing on Codes adopted by reference and asked that public input be solicited. Mayor Cassell asked if anyone was present in the audience who wanted to discuss this Code. Seeing no one, Mayor Cassell declared the public hearing closed. Councilmember Knezovich asked staff to investigate the problem of joggers and bicyclists wearing stereo headphones that reduce their ability to hear horns, etc. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 56, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Decreasing the Amount for Payment In -Lieu -of Water Rights from $1700 to $1500 Adopted on First Reading Following is the staff's memorandum on this item: "In January, the City's in -lieu -of water rights cash rate was reduced from $1900 to $1700. As shown on the attached graph, the price of CBT water has continued to decline, indicating a need to again adjust the cash rate. The prevailing price for CBT water is approximately $1500. -202- May 4, 1982 As directed by Council, the Water Utility staff and the Water Board has continued to monitor the situation. They recommend at this time that the in -lieu -of cash rate be adjusted downward to $1500 per acre-foot, in order to bring it into line with current CBT prices. Lowering the rate to be more consistent with current prices should have the effect of encouraging developers to turn in more cash, which will in turn allow the City to build and improve our facilities to utilize the water that is turned in to the City. In 1981, only about 1% of the water rights requirements were satisfied with cash, as compared with an average of about 20% during the previous five years. The cash in -lieu -of water rights rate will be reviewed frequently to determine the need for any adjustments." Councilmember Clarke asked when the fee had been reduced to the $1,900 level. City Manager Arnold replied the fee had been reduced from $2,200 to $1,900 ' in mid-1981. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 58, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the UMTA-Section 8 Grant Fund, Adopted on First Reading Following is the staff's memorandum on this item: "Resolution 81-128 authorized the City Manager to file an application with the Department of Transportation for a technical studies grant to address some major issues regarding Transfort operation. Tasks to be performed under the grant are: 1. Identify and develop specific transit funding sources to meet future Transfort budget requirements. 2. Develop and evaluate an improved route structure which will maxi- mizeItransit system productivity and effectiveness. -203- May 4, 1982 3. Develop a bus facility design and a master vehicle maintenance program for the coordinated Transfort and CARE -A -VAN transit system. Grant approval has been received from the Department of Transportation in the amount of $24,000 for this program. The City of Fort Collins' matching share of $6,000 will be in -kind City employee work hours. This Ordinance appropriates the federal grant monies totalling $24,000 in the UMTA-Section 8 Fund." Councilmember Wilmarth asked what the "in -kind City employee work hours" would consist of and who will be performing them and secondly what role Council will play prior to the report on the technical study. City Manager Arnold replied a draft document would be presented at a work session for Council's review and comments. Director of Care -A -Van and Transfort, Marj Walsh, noted staff will be ' working with the two consulting firms chosen and those staff hours will be assigned to that project to make up the local share with personal effort rather than dollars. Councilmember Wilmarth asked why outside consultants were needed when it seemed City staff could perform these tasks and were more familiar with local needs and problems. Walsh replied that she felt this area was highly specialized and needed the wider view and expertise provided by the consultants. Councilmember Knezovich noted he was opposed to the spending of govern- mental funds, either local or federal, to address a major issue and added he felt that it was not the best use of funds. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 60, 1982 on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, and Reeves. Nays: Councilmembers Knezo- vich and Wilmarth. THE MOTION CARRIED. Ordinances Relating to Campaign Contributions and Disclosure Provisions Following is the staff's memorandum on this item: -204- May 4, 1982 , A. Hearing and First Reading of Ordinance No. 43, 1982, Relating to Campaign Contributions. B. Nearing and First Reading of Ordinance No. 62, 1982, Adopting Dis- closure Provisions for the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 63, 1982, Adopting Dis- closure Provisions for the City of Fort Collins. D. Hearing and First Reading of Ordinance No. 64, 1982, Adopting Dis- closure Provisions for the City of Fort Collins. Attached are four ordinances relative to the issue of campaign contribu- tions. The first is an ordinance repealing and reenacting Chapter 9, Article VI, Section 15 of the City Code. This ordinance, originally presented at the meeting of April 6th, was drafted in response to a recent decision of the United States Supreme Court rendering the City's existing provision unconstitutional in part. On April 6th, the City Council tabled consideration of this ordinance to May 4th in order to allow sufficient time to investigate alternatives. The remaining three ordinances have been drafted in response to City ' Council's consideration of this issue. Each of these three ordinances deals with campaign disclosure provisions. The first of the three (B) is an ordinance containing general provisions governing disclosure, whereas the remaining two (C & D) deal with specific questions which arose during Council's consideration of disclosure provisions at its work session of April 27, 1982. While the first two ordinances under consideration (A & B) are not contin- gent upon one another for passage, the remaining two ordinances (C & D) can serve most appropriately only as addenda to the general disclosure ordi- nance. Therefore, the remaining two ordinances (C & D) pertaining to disclosure, should only be considered for passage upon Council's approval of the general ordinance (B)." Councilmember Elliott noted he had problems with the concept of all four ordinances since they attempt to limit how much an individual wishes to contribute to a certain cause. He suggested the dollar level in Ordinance No. 43, 1982, be raised from the proposed $100 limit. Mayor Cassell asked if the ordinance limits an individual who decides to totally finance his own campaign to spending $100. City Attorney Huisjen replied he felt it would not limit a person who was self -financed to the $100 but would only limit contributions from others to ' $100. -205- May 4, 1982 Barbara Rutstein, representing the League of Women Voters, noted her organization was in support of all four proposed ordinances. Wayne Ude, 931 Vanderbilt Court, Chairman of Fort Collins Common Cause, pointed out the forms required to be filed were not at all complicated or difficult to fill out and submit. He added his group supported the $100 limit. Mayor Cassell noted he felt the state law was adequate and that this ordinance might discourage persons from entering the political arena for the first time. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 43, 1982 on First Reading. Yeas: Councilmembers Horak, Knezovich and Reeves. Nays: Councilmembers Elliott, Wilmarth, Cassell, and Clarke. THE MOTION FAILED. ' Mayor Cassell announced that this item would be concluded after the dinner break and the Citizen Participation portion of the meeting had been com- pleted. Secretary's note: Further discussion of this item begins on page 207. Citizen Participation A. Proclamation Naming May 9-15 as Promote Larico Week was accepted by Art Bavoso, Executive Director of Larico Youth Homes. B. Proclamation Naming May 2-8 as Forget -Me -Not Week accepted by a member of the Fort Collins Chapter of the Disabled American Veterans. C. Proclamation Naming May 2-8 as Better Water for People Week was accepted by Molly Nortier of the Water Utility Department. D. Proclamation Naming May 9-15 as National Hospital Week will be for- warded to appropriate persons. Tony Giacopelli, 3701 Post Road, Laporte, appeared to ask Council if it would be possible to place a sign stating "Worship at a church of your choice" on vacant bus benches. He noted his contract prohibited political, ' alcohol, tobacco or religious advertising on the back of a bench. -206- May 4, 1982 ' Staff was directed to prepare a Resolution for the next regular meeting in order to bring the issue into focus. Councilmember Knezovich read a Resolution congratulating Mayor Cassell on his recent "hole -in -one" at the Fort Collins Country Club. Resolution adopting Minimum Standards and Requirements for Tenants at the Fort Collins -Loveland Airport, Adopted Following is the staff's memorandum on this item: "Last July, the Airport Ad Hoc Committee and staff began the process to develop and write the Minimum Standards and Requirements for Tenants of the Fort Collins -Loveland Airport. In addition to those individuals or companies who lease land, buildings, facilities, and/or hangar space, this document provides the requirements for all persons who are engaged in a profitable business and utilizing the Airport, and all temporary uses of the Airport, such as air shows and fly -ins. On March 9th, the Airport Ad Hoc Committee held a public meeting in the I Loveland City Hall to hear public input on the Minimum Standards and Requirements. With the construction of the new development area beginning and a marketing program underway to find new aviation businesses and corporate aircraft tenants for the Airport, the approval of the Minimum Standards and Require- ments is very important. Copies of the proposed Minimum Standards and Requirements are being sent to Council under separate cover." Mayor Cassell asked if anyone was present to discuss this item. Seeing none, he declared the public hearing closed. Councilmember Reeves made a motion, seconded by Councilmember Elliott, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. Ir2lawe top, <1L1:14tit Q F Ordinances Relating to Campaign Contributions and Disclosure Provisions (cont. from Page 206 City Attorney Huisjen pointed out the provisions of Section 3 of Ordinance ' No. 62, 1982, would place the publishing date required in Section 4 on the -207- I May 4, 1982 day before the election. He suggested an amendment to Section 3 to delete the phrase "five (5) days" and to insert the phrase "before 9:00 a.m. on the Thursday" and to change the number of days within which the report is to be published in Section 4 from "four (4)" to "three (3)". This would insure the report was published at least on the Sunday prior to the elec- tion. Councilmember Knezovich made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 62, 1982, on First Reading. Councilmember Reeves made a motion, seconded by Councilmember Wilmarth, to amend Ordinance No. 62, 1982 as outlined by the City Attorney. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: Councilmember Cassell. THE MOTION CARRIED. The vote on Councilmember Knezovich's original motion to adopt Ordinance No. 62, 1982, as amended on First Reading was as follows: Yeas: Councilmembers ' marth. Nays: Councilmember THE MOTION CARRIED. Clarke, Elliott, Horak, Knezovich, Reeves and Wil- Cassell. City Attorney Huisjen suggested Ordinance No. 63, 1982, be amended to add .,or issue" after the word "candidate" in the third paragraph of the ordi- nance, in order to be consistent. Councilmember Reeves made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 63, 1982, with the amendment outlined by the City Attorney. Yeas: Councilmembers Horak, Knezovich and Reeves. Nays: Councilmembers Elliott, Wilmarth, Cassell and Clarke. THE MOTION FAILED. City Attorney Huisjen again suggested the words "or issue" be added in two places of the third paragraph of Ordinance No. 64, 1982, after the word "candidate". Councilmember Clarke made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 64, 1982 with the amendment outlined by the City Attorney. Yeas: Councilmembers Horak, Clarke and Reeves. Nays: Council - members Elliott, Knezovich, Wilmarth and Cassell. I THE MOTION FAILED. May 4, 1982 Mayor Cassell noted the problem of the unconstitutional ordinance that remains in the Code would be discussed at a future work session. Appeal of the Planning and Zoning Board Decision on Fox Meadows Business Park Master Plan, Planning and Zoning Board Decision Upheld Following is the staff's memorandum on this item: "Nature of Review Article V (Planning and Zoning Board Authority) of Chapter 2 of the Code of the City of Fort Collins authorizes the Board to take final action on all planning items and, furthermore, sets forth the procedure for appealing of decision of the Planning and Zoning Board to the City Council. The appeal procedure requires the appellant to submit written notice to the City Clerk and provides for the City Clerk to send written notice of the appeal to all interested parties. The City Council considers the appeal based upon ' the transcript of the proceedings of the initial hearing (attached), all exhibits received by the Planning and Zoning Board (attached), and any new evidence submitted. Description The applicant is seeking Master Plan approval for a 12.27-ac site consist- ing of recreational, office, manufacturing, and warehousing uses. The project is located on the southeast corner of the intersection of Horse - tooth Road and Timberline Road. The site is zoned R-M-P, Medium Density Planned Residential, and is improved with a single-family home and several outbuildings. The surrounding zoning and land uses are as follows: North: B-P; vacant (proposed neighborhood shopping area in the Greenfield Village master plan). South: T; existing single-family home. East: R-L-P; existing single-family homes (Fox Meadows Subdivision). West: R-H; vacant (proposed office/industrial/warehouse uses in the Horsetooth/Timberline Office Park PUD). Land Use Area Floor Area Building Coverage Open Space Phase 1 ad' Recreational (100%) 48,000 sf 45,000 sf 84,400 sf (47%) -209- May 4, 1982 Floor Area Building Coverage Open Space Phase 2 (8.77 ad Office (50%) 71,404 sf Manufacturing (30%) 38,202 sf Warehousing (20%) 25,468 sf Total 183,074 sf (34.25%) Discussion 35,202 sf 38,202 sf (20%) 38,202 sf 22,921 sf (20%) 25,468 sf 15,280 sf (20%) 144,372 sf 164,803 sf (27.01%) (30.83%) 1. Relationship To Adopted Official Plans: Horsetooth and Timberline Roads are arterial streets as designated on the Master Street Plan. 2. Utilities: Utilities are available at the site. 3. Background: The property was originally zoned T-Transition and annexed on December 5, 1978 as part of a larger property known as the Fox Meadows Annexation. On May 8, 1980, the property was rezoned from T-Transition to R-M-P, Medium Density Planned Residential. Planning and Zoninq Board Recommendation At their March 22, 1982 meeting, the Planning and Zoning Board voted 6-1 (Stoner voting no) to approve the Fox Meadows master plan application. A number of property owners in the Fox Meadows neighborhood opposing the request were present at the hearing (refer to the attached minutes and letters from the public). It was the Planning and Zoning Board's opinion that the location of the site at the corner of two busy arterial streets, and given the type of development being planned on the other corners, makes the development of the project for residential purposes very unlikely. Furthermore, the types of impacts that the neighborhood groups were con- cerned about, for instance, noise, odor, unsightliness, drainage, etc. can be more appropriately addressed at the time the property is being planned and specific uses are known. Staff Recommendation Staff recommends approval of the master plan for Fox Meadows Business Park. Given the extent of public input at the Planning and Zoning Board's hear- ing, the Chief Planner will require the applicant to participate in a ' meeting with the neighborhood to present and discuss their development plans for the property prior to formal submittal of preliminary plan application to the Planning and Zoning Board. -210- May 4, 1982 Mayor Cassell noted the material presented by the Fox Meadows Homeowners Association had been reviewed by the City Attorney and had been determined to be a summation of the arguments already presented and technically not new evidence. The following persons spoke in opposition to the approval of the master plan for Fox Meadows Business Park: 1. David Ross, 2221 Antelope Road 2. Jackie Ross, 2221 Antelope Road 3. Jim Clayton, 2208 Antelope Road Acting Planning Director Ken Waido cited several examples where industrial development is adjacent to low density residential development. Councilmember Clarke commented on the philosophy of the Land Development Guidance System that says all land uses are compatible with proper buf- fering and mitigation. He added that, because of increased traffic volume at the intersection of Horsetooth and Timberline, it would be a wise land ' use decision to allow some type of commercial/industrial use there. He noted the project would still have to be looked at in terms of how it is designed prior to approval of the preliminary plan. Councilmember Knezovich asked Council to weigh strongly the negative vote of Planning and Zoning Boardmember Stoner when making their decision. Councilmember Wilmarth made a motion, seconded by Councilmember Clarke, to uphold the decision of the Planning and Zoning Board with the provision that the Chief Planner require the applicant to participate in a meeting with the neighborhood to present and discuss their development plans for the property prior to formal submittal of preliminary plan application to the Planning and Zoning Board. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Awarding Foothills Water System Contract for Design to M & I, Inc., Adopted Following is the staff's memorandum on this item: "The higher topographic region on the west edge of the City has his- torically had lower quality service than the balance of the City. Three ' years ago a phased program was initiated to improve water pressures and -211- IMay 4, 1982 system reliability in this zone in order to provide adequate fire protec- tion and meet peak day demands. The first phase included construction of an inline temporary pump station to improve pressures. The second phase includes construction of a water reservoir and 3 miles of pipeline. The third phase includes a permanent pump station and 2 112 miles of pipeline. Budgeting for these improvements has been approved by Council as follows: 1982 $ 230,850 Proposed 1983 2,333,850 Proposed 1984 375,200 The Phase 3 portion of the 1983 work may be delayed until 1984 or 1985 in an effort to minimize rate increases. However, it is imperative that we proceed with Phase 2 of this project in order to provide system reliability and adequate fire protection. Most of the design of Phase 2 and Phase 3 is to be performed by an engi- neering consultant. Funds for this purpose are included in the 1982 budget. An advertisement was placed in the Fort Collins Coloradoan on February 7, 1982, requesting responses from interested firms b�ebruary 17. We received statements of qualifications and interest from 21 firms. The selection committee reduced this list to the six most responsive firms. Cornell Consulting Co. Hydro -Triad M&I, Inc. James M. Montgomery Simons, Li Associates Taranto Stanton and Tagge These six firms were asked to submit a more detailed proposal by March 24. The committee evaluated these six and selected two for interviews. M&I, Inc. James M. Montgomery After the interviews on March 20, the committee strongly recommended en- tering into a design agreement with M&I, Inc. The cost for the engineering services which includes site evaluation, design, surveying, legal descriptions, coordination with CSU, construction plans and specifications are: Basic Services: $182,000 Alternative 1*: $ 18,200 Estimate Expenses: $ 10,872 -212- I May 4, 1982 * Alternative 1 includes final design of a potential energy savings item should the feasibility study, included in the basic service, show the alternative to be practical. The initial contract will be for $192,872 which includes the basic services and estimated expenses. The final proposal has been reviewed by Water Utility and legal staff. The proposal is thorough, the fees appropriate. It is, therefore, recommended that we enter into agreement with M&I, Inc. for these services. Funds are budgeted and available." Councilmember Wilmarth withdrew from vote or discussion of this item since M & I, Inc. is a client of his law firm. City Manager Arnold recommended the award of this contract to M & I, Inc. Councilmember Horak asked if the price of the contract was negotiated after the selection was made. Water and Sewer Utility Director Mike Smith replied that there was a ' preliminary price given with the proposals but the actual negotiated price was done after the selection in accordance with the task the engineer would do. Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt the Resolution and to direct staff to report on the energy feasi- bility study alternative once completed. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich and Reeves. Nays: None (Wilmarth withdrawn). THE MOTION CARRIED. Settlement of $410,000 with Green Construction for all claims on Joe Wright Dam Construction, authorized Following is the staff's memorandum on this item: "SUMMARY Joe Aright Dam and Reservoir is a project begun in 1972 with actual con- struction beginning in 1977. The City's representative as design engineer, construction manager, and project engineer has always been McCall -Ellingson and its legal successors. The contractor was Green Construction. -213- May 4, 1982 Problems occurred during construction, including weather, labor problems, and a massive landslide. The original construction bid was $5,225,336, but that increased to a final cost with this settlement of $9,119,874.35. Negotiations and court actions were entered as soon as completion occurred in 1979. Claims for extra cost from the contractor, Green Construction, totalled $3,590,253.97. Had we accepted all claims the total cost would have been $12,300,128.32. The City would not honor or accept those. So we negotiated. Finally Council authorized going to court. Many staff hours have been expended the past two years. The last pay estimate of $149,875.83 has been due Green for the past 19 months. The interest amount due at 8% per the contract amounts to $18,984. This then makes the final construction cost plus interest amount to $9,119,874.35. We now have agreement to settle those claims for $410,000. ' BACKGROUND Most of the increased costs were caused by the slide. Everyone agrees the cause of the slide was a one -inch "lens" of greasy clay lying on a diagonal plane below the surface on the south side of the dam. Everyone also agrees there is no technology that could have been applied that would have iden- tified that lens without some other evidence to make the designers look for it. There are two categorical changes to cost allowed by the contract: "changed conditions" that could not be anticipated and "changed quantities" that designers under -estimated. Cleaning up and stabilizing after the slide cost an additional $3,237,583. Normal cost increases due to "changed quantities" amounted to $227,941.35. The $410,000 settlement for "changed conditions" brings the non -slide cost increase to $637,941.35. CLAIMS In most construction projects extra cost items are "claimed" to be owed by the owner to the contractor. Green Construction has made a number of claims for extra cost; these deal with such as the. following: ' (1) Winter standby equipment cost, for $1,275,125.41 (2) Financing charges, for $337,384.16 -214- May 4, 1982 (3) Economic adjustment cost, for $1,011,036.67 (4) Other Miscellaneous claims, for $966,707.73 Some of the claims of the contractor we believe we should not pay. We look at all such claims very hard to protect the City's interest. In agreeing to settle the $3,590,253.97 for $410,000, we reasoned with the contractor and agreed that there was much more difficult excavation than anticipated due to conditions unknown at the time of bidding. The addi- tional amounts of excavation caused higher cost due to the acceleration of effort necessary to meet a winter shut -down schedule. These items caused much higher contractor cost in the cutoff trench, in the old creek channel, and under the outlet conduit and control tower. In addition, the consul- tant was very conservative in approving additional quantities paid for, so a small amount of the claim settlement is paying for some disputed quantity amounts. FUNDS Council has authorized increases as needed during hte progress of the project, so most of the funds have been provided. Available balance in project account Payments due to Green Construction: -Final pay estimate request submitted by Green Construction (10/31/80) -Interest on final pay estimate request 19 months (Nov. 1, 1980 - May 31, 1982) at 8% -Settlement Balance $320,345.40 $148,875.83 $ 18,984 $410,000 (578,859.53) ($258,514.43) Current Water Fund appropriations of $270,000 are available and sufficient to cover the S258,514.43 needed due to the delay of the garage at Water Treatment Plant #1 and Bingham Hill Reservoir design costs. No new appro- priation of funds is needed. -215- May 4, 1982 RECOMMENDATION Staff recommends settling these claims for $410,000 and concluding the cost at $ 9,119,874.35. A Council motion to settle.is necessary. CONCLUSION It's unusual for a city government to build a dam. The complexity of such a project usually requires vast specialist bureaucracies like the Federal Bureau of Reclamation. But the people of Fort Collins can be pleased that they did it; several City Councils and Mayors can also be proud; the Water Board was intimately involved and needs to be recognized for it. The dam will serve well for generations." Assistant City Attorney Greg Denton gave a summary of the Joe Wright dam project from 1972 to present. He noted he had received a letter from Green's attorney indicating they had accepted the settlement sum of $410,000. He then asked for a motion authorizing the settlement of the matter. Councilmember Wilmarth noted many things had gone wrong during this project and noted the City had taken positive steps to insure this type of problem would not occur again. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to settle the claims of Green Construction for $410,000. Yeas: Council - members Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Authorizing Construction Contract for Sludge Management Facilities, Adopted Following is the staff's memorandum on this item: "Bids were accepted April, 1982 for construction of the Sludge Management Facilities. Madsen was the low bidder at $7,160,000. The bids went as follows: 1. Madsen $7,160,000 2. Sletten $7,218,000 3. Pinkard Construction $7,248,000 4. Adofson & Peterson $7,300,200 -216- May 4, 1982 5. Colorado Wilson $7,390,234 6. Western States $7,406,400 7. Black & Veatch Engrs. $7,526,500 (estimate) 8. Western Empire $7,773,000 9. Acton Construction $7,775,610 10. LaForge & Budd $8,408,000 11. Frain - Colnon $8,750,000 The work to be performed under this contract will include: Plant No. 2 - Administration Building Modifications: Building addition: Laboratory expansion Conference room Lunch room Offices Restroom and locker room expansion Relocation of chemical feed and handling equipment New Farm Site Agricultural Improvements: Extensive regrading of agricultural land New Greeley water lines, removal of existing Irrigation wells and pumping equipment Irrigation ditches, pond, and structures Sludge distribution pipelines Farm site portion of sludge transmission line Potable and non -potable water lines Roads Ground water monitoring wells New Farm Site Flood Channel Improvements: Extensive regrading in Boxelder Creek Sheet piling drop structures Culvert road crossings Pipeline creek crossings Flow monitoring station Flood berms at farm perimeter New Farm Site Additional Items: Remainder of sludge transmission line Sludge storage facilities Pump station/garage and equipment Sludge drying basins Landscaping Miscellaneous -217- 1 May 4, 1982 Plant No. 2 Site Work: Yard Piping Boxelder Ditch outfall structure Road work Demolition Landscaping Electrical, Instrumentation and Mechanical Work a. Plant No. 2 - New Sludge Handling Building: Sludge pumping equipment Centrifuge equipment Chemical feed system (polymer) Sludge storage facilities Hoists Piping b. Plant No. 2 - North Complex Basin Modifications: Addition of new secondary clarifier scum collection equip- ment Piping C. Plant No. 2 - New Chlorination/Dechlorination Building: Chemical feed systems (C12, S02) Chemical handling facilities d. Plant No. 2 - South Complex Dechlorination Facilities: Dechlorination facilities Chemical feed system (S02) Yard piping e. Plant No. 1 - Dechlorination Facilities: Chemical feed system (S02) Yard piping f. Plant No. 2 - Anaerobic Digester Modifications: Sludge pumping equipment Piping The experience and the character of the low bid contractor has been in- vestigated by the engineer, Black & Veatch Consulting Engineers. The results are attached and are favorable. We have obtained a $5.9 million Federal grant for this project. The remainder of the funds have been ' budgeted and are now available." -218- May 4, 1982 City Manager Arnold introduced a slide presentation on the entire sludge farm management program that had been originally presented in November of 1980. Councilmember Clarke asked who the construction supervisor for the Madsen Company was as he had concerns about that person's qualifications and abilities. Water and Sewer Director Mike Smith replied it would be J. Bosio. Councilmember Clarke asked if there was information about the Madsen Company's litigation with any past clients. City Manager Arnold noted that information was not available but could be obtained and brought back to Council. Councilmember Horak made a motion, seconded by Councilmember Wilmarth, to adopt the Resolution with the provision staff investigate the Madsen Company's litigation record relative to job performance and to bring the report back to Council. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. I THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter Into a Sludge Management Facilities Contract for Engineering Services During Construction, Adopted Following is the staff's memorandum on this item: "It is recommended that the City enter into a contract with Black & Veatch, Consulting Engineers, for the amount of $455,137 for professional engineer- ing and inspection services during construction of the Sludge Management Facilities. These services include the following: Construction Phase Services $279,588 Preparation of 0&M Manual $ 11,460 Start-up Services $ 46,089 Resident Inspection Services $118,000 Total $455,137 A more detailed description of the scope of services is included in the attached exhibit "A". Approximately 75% to 85% of the contract cost will I be funded by the EPA. Funds for the City's share of the contract cost are budgeted and available. -219- 7 IL May 4, 1982 Black & Veatch was initially selected to design the Wastewater Treatment Plant No. 2 expansion back in the early 1970's. As a continuation of that project, Black & Veatch was selected to develop the City's sludge manage- ment plan in 1977 with the intent to have them later design the facilities and to provide engineering services during the construction of the project. To have one engineering firm provide all the engineering services for a project from the planning stage thru construction is a well established and accepted practice, besides being cost effective. Design of the project started in early 1981 and was recently completed. The services provided in this proposed contract will complete the contract engineering services with Black & Veatch required for the sludge disposal project. The staff is extremely pleased with the overall quality of Black & Veatch's work during the past years and recommends approval of the proposed con- tract." ' Councilmember Wilmarth asked if the $455,137 figure represented a fair competitive price. Water and Sewer Director Mike Smith replied that staff feels it is a competitive price. He added it was a "not to exceed" price and the City would only pay for services rendered. He noted since this was an EPA project, the paperwork involved adds to the cost of administering the contract. Councilmember Horak suggested that in future situations of this type other proposals be solicited to determine if other firms would be willing to assume the responsibility/risk involved with providing engineering ser- vices for a project they did not design. Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. City Attorney's Report ' City Attorney Huisjen noted there were several matters to be discussed in Executive Session. -220- May 4, 1982 ' City Manager's Report City Manager Arnold noted the meeting had been video-taped and would be set up for viewing in the Council offices later in the week. Councilmembers' Reports Councilmember Reeves reported on the Poudre Fire Authority meeting noting that Firefighter Steve Miller had been awarded a plaque for completing the requirements necessary to be the first person in the state to be designated as Firefighter III. Councilmember Knezovich reminded Council the Downtown Development Authority election would be June 1. He noted the Finance Committee had met to discuss the auditor's recommendations. Councilmember Clarke reported on the Transfort expansion and expressed concern that a C.S.U. fee increase coincide with the expansion and improve- ment of the system set to occur January 1. Councilmember Horak reported on the Poudre Project meeting and suggested a I brief presentation at a work session to look at the alternatives and objectives of the plan. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Knezovich, to adjourn into Executive Session for the purpose of discussing legal matters and land acquisition. Yeas: Councilmembers Cassell, Clarke, Elliott, Knezovich and Reeves. Nays: Councilmembers Horak and Wilmarth. THE MOTION CARRIED At the conclusion of the Executive Session Council reconvened in open session. Other Business Councilmember Horak reported that on April 23 the School Board had advised him and Councilmember Clarke that they were no longer interested in con- tinuing the discussions on trying to solve the pool problem. He added that the Mayor had received a letter from School Board President David Neenan, reiterating their position that they want to go along with the original contract and that they have no financial resources to assist in repairing I the pool or construction of a new pool. -221- May 4, 1982 Adjournment Councilmember Horak made a motion, seconded by Councilmember Clarke, to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. The meeting adjourned at 11:40 p.m. ATTEST: City C erc i Mayor -222-