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HomeMy WebLinkAboutMINUTES-08/21/1979-RegularAugust 21, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 21, 1979, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers : Gray, Reeves, Wilkinson and Wilmarth. Absent: Councilmembers Bowling, Kross and St. Croix Staff Members Present: Arnold, Hays, Krempel, Lee, Lewis, Li ley, Mills, Mabry, Parsons, Rupel, Curt Smith and Wood. enda Review: Citv Manager City Manager Arnold reported he had two items of other business: ' one, a memorandum on Mathews Street Property, and one other item. Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the consent calendar and considered separately. (The purpose of this calen- dar is to allow Council to spend its time and energy on more important items.) The Consent Calendar presented was as follows: 4. Consider Approval of the Minutes of the Regular Meeting of August 7, 1979. 5. Resolution Appointing a Representative to the Larimer Coun Communitv Action Board. At the July 3rd meeting, Council requested that the City Mana- ger appoint a staff member to serve as the City's representative on this Board. 0 -73- August 21, 1979 0 i iol 0 10 11 Second Reading of Ordinance No. 92, 1979, Being Annexing Property Known as the Horsetooth-Timbe Council unanimously adopted this ordinance on first reading on August 7th. This is an annexation proposal for 70 acres on the northeast corner of Timberline and Horsetooth Roads. Hearing and First Reading of Ordinance No. 98, 19 Restrictions Upon the Zoning of Horsetooth-Timber Annexation. Council unanimously approved the Horsetooth-Timberline 2nd Annexation at the August 7th meeting. This agreement sets out the zoning limitations of that annexation. Second Reading of Ordinance No. 93, 1979, Zoning the Horse- tnnth-Timhprlinp 2nd Annexation. Council unanimously adopted the ordinance on first reading at August 7th meeting. It provides for the zoning of 70 acres on the northeast corner of Timberline and Horsetooth Roads. earing and Fir estrictions or Reading of Ordinance No. e Deines-Lockman Rezonin Council unanimously approved the Deines-Lockman Rezoning at the August 7th meeting. This agreement sets out the conditions of this rezoning. Second Reading of Ordinance No. 94, 1 Classification of Property Known as t e 0eines-Lockman n i n Council unanimously approved this ordinance on first reading at the August 7th meeting. It changes the zoning on approxi- mately 18 acres on the southwest corner of Horsetooth,and Tim- berline Roads from "T" to "R-H". Routine Easements a. Easement agreement with Harmony Road Mobile Park in con- nection with the Warren Sewer Trunk Extension project. I I Consideration: $1,065 b. Easement agreement with Alice Ward, Nila Saylor, and Charles Ward for the Orchard Place Bike/Walkway. Consideration: $412.50 i -74- August 21, 1979 C. Easement agreement with Jesse and Dorothy Johnson for the Orchard Place Bike/Walkway. Consideration: $413.00 d. Easement from the State Highway Department in connection with the Poudre Trails System. Consideration: Donation 12. Cedar Village, 5th Filing, Phase I Final Subdivision. This is a final proposal for a 66 lot single-family subdivi- sion on approximately 17 acres, zoned R-L-P, located south of Drake and west of Shields Street. 13. Granada Heights Subdivision Final. This is a final proposal for a 39 lot subdivision on 23.8 acres located on West Vine Drive, zoned R-M-P and R-L-M. 14. Overland Trail Farm 2nd Filing Final. This is a final proposal for a 6 lot single-family subdivi- sion on 1.47 acres, zoned R-L, located east of Overland Trail, south of Pleasant Valley Road and west of Virginia Dale Drive. ' 15. Silver Plume Final P.U.D. This is a final proposal for a 264 unit P.U.D. on 32.3 acres, zon.ed R-P and B-P, located on Swallow Road, east of Dunbar. The following items were withdrawn from the Consent Calendar: Item #5 Resolution Appointing a Representative to the Larimer County Community Action Board Ordinances on Second Reading were read by title by City Clerk Verna Lewis: Ordinance No. 92, 1979 Annexing property known as the Horsetooth- Timberline 2nd Annexation. Ordinance No. 98, 1979 Placing restrictions upon the zoning of Horsetooth-Timberline 2nd .Annexation. Ordinance No. 93, 1979 Zoning the Horsetooth-Timberline 2nd Annexation Ordinance No. 99, 1979 Placing restrictions on the Deines-Lockman Rezoning. -75- August 21, 1979 Ordinance No. 94, 1979 Changing the Zoning Classification of property known as the Deines-Lockman Rezonin, Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt and approve all items not withdrawn from the consent calendar Yeas: Councilmembers Gray, Peeves, Wilkinson and Wilmarth. 'nays: None. THE MOTION CARRIED. Resolution Adopted Appointing a Representative to the Larimer County Community Action Board Following is the City Manager's memorandum on this item: "At the July 3rd meeting, Council requested that the City Manager appoint an appropriate staff member to serve as the City's rep- resentative on the Larimer County Community Action Board, which is an advisory body to the Larimer County Department of Human Development. Accordingly, we recommend that Wanda Krajicek be designated as the City's representative to this Board." Councilman Wilmarth inquired if it was not the practice to appoint ' citizens from the Community rather than staff, if the Council has exhausted the Boards and Commissions input, and lastly, the pro- priety of appointing staff to these Boards. City Manager Arnold stated this request had originated from the County Commissioners to the Council and from Council to the Administratign for a recommendation. Councilwoman Peeves made a motion, seconded by Councilman Wilmarth, to adopt the Resolution. Yeas: Councilmembers Gray, Reeves, Wilkinson and Wilmarth. Nays: None THE MOTION CARRIED. Out -of -City Sewer Service Request - Mobile Pre -Mix. Inc. Following is the City Manager's memorandum on this item: "This request was favorably considered by the Water Board on July 20 and the Planning and Zoning Board on August 13. The City has a 42" sewer line adjacent to the site approval." -76- Staff recommends 1 August 21, 1979 Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to approve this Out -of -City Sewer Service from Mobile Pre -Mix. Yeas: Councilnembers Gray, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Amendments and Additions to the Uniform Fire Code Following is the City Manager's memorandum on this item: "This amendment to the Uniform Fire Code deals with application of flammable finishes (spray painting). In meetings with representatives of the body shops and repair garages, they feel the current section of the Code is too re- strictive in that it requires all spraying operations performed inside of a building to be conducted in an approved spray, booth. It forces them to do the small touch-up jobs within a booth, and due to the drying time of the paint, they feel it is economically impossible. The Fire Prevention Bureau contacted the International Conference of Building Officials and the Fire Marshals of Boulder, Greeley, ' Denver, Aurora, and Englewood and were advised -that every juris- diction is having problems with this restriction, and therefore is not enforcing this section. After careful study, staff recommends amending the Uniform Fire Code per the attached ordinance. The City has received indications that this change will appear in the next edition of the Uniform Fire Code." Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 100, 1979 on first reading. Yeas: Councilmembers Gray, Reeves, Wilkinson, Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Amending §114-55.1 of the Code Relating to Loitering in Center Parking Areas Following is the City Manager's memorandum on this item: "The Police Departnent has approached the City Attorney's office and expressed concern over the loitering in the center parking on College Avenue in a block which was not covered in the existing ordinance. Loitering is forbidden in the center parking area. -77- August 21, 1979 This ordinance amends the Code to include the block causing concern within center parking." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 101, 1979, Relating to Use of Center Parking Areas. Yeas: Councilmembers Gray, Reeves, Wilkinson and Wilmarth. Plays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Relating to Tree Assessments_ Following is the City Manager's memorandum on this item: "This ordinance was adopted as amended on first reading at the July 17 meeting on a 5-2 vote. The ordinance was inadvertently omitted from the August 7 agenda on second reading; therefore, we are bringing it back as an emer- gency ordinance to enable us to meet the deadline for certification I o the County. The ordinance will be' published in full to meet the 1'egal publi- cation requirements." City Attorney Liley stated the ordinance as drafted was an emer- gency ordinance and five affirmative votes were required; Council could table the ordinance or pass it on first reading by deleting Section 3 and inserting the provision.for !Cwo readings. Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to adopt Ordinance No. 102, 1979, on first reading and deleting £3. Yeas: Councilmembers Gray, Reeves, Wilkinson, Wilmarth. Nays: None. THE MOTION CARRIED. Depository Contract Drawn Following is the City Manager's memorandum on this item. "The City Council Finance Committee met on Tuesday to review staff conclusions concerning the Bank Depository Bids. Staff analysis of the United and First National bids concluded that the bids were equal. Under that circumstance, the Charter requires that lots be drawn in public. The Committee reviewed the material and discussed the bids at some length, and concluced that lots should be drawn in public." -70- 1 August 21, 1979 Attorney Duane Woodard, representing the United Bank of Fort Collins, spoke to what he felt were changes in the bid submitted by the other financial institution. City Manager Arnold reported that staff had taken considerable care not to negotiate with either Bank, but just to clarify, the Finance Committee has agreed with staff that the two bids are equal. Councilman Wilmarth gave a synopsis of the Finance Committee's findings and recommended the Council proceed with the drawing of lots. Assistant Mayor Gray proceeded to have the lots drawn by Council- woman Reeves. The First national Bank was drawn to provide Depository contract for the City. Ratification of Council Action - Executive Session Following is the City Manager's memorandum on this item: "City Council met in Executive Session after the Land Use Hearing meeting on August 14, 1979 and considered the question of whether ' or not to sue Construction, Inc. and Robb and Brenner for breach . of contract on the City Hall project. Council concluded that suit should be filed immediately based upon conclusions reached by the investigations of Kellogg Corporation and Clifton, Gunderson and Company." Assistant Mayor Gray made the following statement: "For explanation, on August 14th, after the Council meeting, we adjourned into executive session to discuss legal matters, at that time we did something unusual; by not really a vote of six to one, but for the purpose of consensus, you might call it, direct our legal staff to bring suit against Construction, Inc. and Robb and Brenner. Mr. Burt Kross asked that we explain that he was against the suit. The reason for ratifying it at this time, which is unusual, is that Council felt that this was a better legal strategy. Time now is for ratification of that decision to bring suit." Councilman Wilmarth addressed the timing of the announcement. Councilwoman Reeves made a motion, seconded by Councilman Wilmarth, to ratify the Council action which brings suit against Construction, Inc., and Robb and Brenner. Yeas: Councilmembers Gray, Reeves, Wilkinson and Wilmarth. flays: None. THE MOTION CARRIED. -79- August 21, 1979 Executive Session Authorized Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adjourn into executive session to discuss legal matters. Yeas: Councilmembers Gray, Reeves, Wilkinson, and Wilmarth. !Jays: None. THE MOTION CARRIED. Councilmember's Reoorts Councilwoman Reeves reported that the Council of Governments would be meeting Thursday to review funding alternatives. Citv Manager's Reoort City Manager Arnold reported that the State Highway Department has appropriated $250,000 to do an asphalt overlay on South College Avenue. The Highway Commission has not favored honoring Mr. Kinstlinger's letter on funding the Fort Collins Expressway. Citizen Participation A. Assistant Mayor Gray proclaimed September 2nd and 3rd as "Jerry Lewis Muscular Dystrophy Telethon Weekend". ' B. Assistant Mayor Gray then presented a 40 year service pin to Edwin Hilgenberg, of the Water and Sewer Department. C. City Councilmembers then presented plaques of appreciation to persons who helped distribute firewood to needy Senior Citizens. Plaques were awarded to the following: 1. Wayne Kline 2. Walt Vanatta 3. Don Hopkins 4. Jeff McConkey 5. A.J. Martinez 6. Ed Chilcott D. Brad Edwards, no address given, inquired on the opening mechanism at the City Library. The City Manager will respond to Mr. Edwards at a later date. Public Hearing on Downtown Parkinq Following is the City Manager's memorandum on this item: "The attached Notice of Public Hearing was hand distributed in the General Improvement District. -30- August 21, 1979 It outlines the staff findings and recommendations reached through several months of surveys and interviews and requests citizen input atthehearing. Staff will give a brief overview of the parking problem and then open the discussion to interested citizens." Following are the recommendations for Council action: 1. The conversion of the Remington/Oak and America lots to fee lots (primarily for eight hour parking). 2. The Pine Street Lot and center section of College north of Laporte should become eight hour zones with paid permit parking. 3. Certain areas of on -street parking, especially those closest to the College and Mountain intersection should become one -hour zones. 4. Fines for over -time parking should be increased with pro- visions for multiple and consistent offenders fined on an increasing scale. 5. Ordinance changes need to be made concerning the moving of cars from one space to another. 6. An in -lieu -of -parking fee should be tested as an alterna- tive to acquiring additional surface parking. 7. A shuttle service parking concept should be tested as an alternative to acquiring additional surface parking. 8. A parking management and development fund should be established. 9. Council should consider the creation of a Downtown Parking Commission. 10. Planning should begin on the financing and construction of a parking garage. Traffic Engineer Bob Lee presented slides of the area and reviewed the analysis of the report. Mr. Jack E.L. Russell, representing the Board of Directors of the Downtown Merchants Association. The Board made the following recommendations: 1. Support for formation of Parking Comm.ission. 2. Support increased fines for habitual violators. August 21, 1979 3. Do not support a parking charge of nearly $1,000. 4. Do not support the shuttle bus concept. 5. They further recommended that a Traffic Counselor be employed at the Remington Lot to guide long-term parkers, to the leased DMA parking lot, directly behind the DMA Plaza. 6. Do not support the pay lot. 7. That consideration be given to the northern part of Fort Collins. 8. Suggested that Council consider eight or nine mini -lots in the north part of the City. 9. Suggested that Council could consider not black -topping the lot at the south of the Remington lot, but wait until monies are available for double decking that lot for eight -hour parkers. Mrs. Elizabeth Thomasma of the Senior Citizens Chuck Wagon, spoke in support of the shuttle concept, especially for the elderly. Mr. Brad Edwards made recommendations for ordinance changes for ' extended parking on weekends and holidays. Mr. Michael Ehler of Shannon and Associates, stated that with more intensive use of Old Town, more parking will be required. Council took no formal action on this item but concurred on the following: 1. Creation of a Downtown Authority. 2. Ordinance changes for chronic violators. 3. Implementation of fee lot report. 4. Further study of the area of Willow. Street. 5. Report on joint City/County parking. Mr. Jerry Soukup of Soukup Apparel, recommended the City consider a parking garage. Ms. Tina Gallagher, member of the Citizen Committee for Community Development Block Grant stressed that Community Development Block Grant monies were not to be used primarily for parking. Thereafter, the hearing was closed. -B2- August 21, 1979 Resolution 79-79 Adopted Changing the Name of the ";New" Mason Street in the City of Fort Collins Following is the City Manager's memorandum on this item: "At the August 7th meeting, a Resolution was presented recommending %he name of the two block portion of Old Mason Street be changed to McClelland Drive to correspond with McClelland Drive south of Horsetooth. Several business owners appeared to oppose this renaming. Council suggested that McClelland Drive, south of Horsetooth, be renamed South Mason, and Mason Street, from Horsetooth to Drake be renamed McClelland Drive. The item was tabled to clear this with the subdivisions to the south between Horsetooth and Harmony. Staff is in the process of contacting the affected property owners and will make a recom- mendation at the August 21st meeting. Three Resolutions are included for your review. Resolution 79-76 is the original staff recommendation from August 7th. Resolutions 79-79 and 79-80 are in response to Council's suggestion at that ' meeting. Council should decide which.of these two alternatives should be adopted." Chief Planner Curt Smith stated the recommendation of the admin- istration is to rename the existing McClelland Drive that runs from Horsetooth to Harmony Road to "Mason Street", and to rename the "New" Mason Street that runs along the railroad tracks, from Mason to McClelland Drive. The adjacent property owners have been notified. Councilman Wilkinson made a motion, seconded.by Councilwoman Reeves, to adopt Resolution 79-79. Yeas: Councilmembers Gray, Reeves, lilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. Resolution Adopted Changing the Name of McClelland Drive Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Resolution 79-80. Yeas: Councilmembers Gray, Reeves, Wilkinson, and Wlilmarth. Nays: None. THE MOTION CARRIED. August 21, 1979 Report of Citizen Survey - 1979 Following is the City Manager's memorandum on this item: "Dave Rogers and Jack Brouillette from the Department of Sociology at CSU have been working with City Staff on a survey of citizen attitudes regarding City services and the responsiveness of City government. A telephone survey was conducted by volunteers the latter part of April and the first part of May in 1979, and the results of this survey are being included under separate cover. Dr. Rogers and Dr. Brouillette will make a brief presentation of the results of the survey and be available to respond to any ques- tions you may have regarding the methodology, validity, and/or contents of the survey. The cost of this document was minimal as Dr. Rogers and Dr. Brouillette donated their time and provided the computer time required. Volunteers were used to do the survey and to key punch all the raw data. City expenses were limited to typing and print- ing the letter that was distributed to each participant, the survey document, and the final report." Dr. John R. Brouillette and Dr. David L. Rogers made the presen- tation on the recent Citizen Survey of Public Satisfaction with the Quality of Life and City Services conducted.by the Department of Sociology of Colorado State University, in conjunction with ' the City, with the assistance of Volunteers. City Councilmembers expressed their appreciation to all concerned in this survey. Engineering Services Contract - Cornell Consulting Company - Approved_ Following is the City Manager's memorandum on this item: "This is a contract prepared by the City Attorney's staff, for engineering services to be provided by the Cornell Consulting Company for the Andersonville-Alta Vista Water Line, Because staff is involved in other projects, we have no one available to perform the field resident engineering and this is the service we are asking Cornell to perform. Cornell performed the design on this project; therefore, their project engineer is most familiar with the work involved. The consultant has estimated this service will cost between $6,400 and $15,700 dependent primarily on how well the contractor performs. We are asking that Council approve the contract not to exceed $15,700. August 21, 1979 Fee Schedule Service Fee or Rate 1- Field Project Manager $22.50/hr. 2. Principal $28.00-$30.00/hr. 3. Drafting Services $15.00/hr. 4. Consultant Services to This Firm $Invoice + 15% 5. Mileage $0.25/mile 6. Other Direct Expenses $Invoice + 15% 7. Transportation and Expenses Actual Cost Terms net 30 days. Past due accounts are charged l;z% interest per month on the unpaid balance. This is an annual interest rate of 18%. Expected Fee for Completion of Project: The expected fees for completion of said project are: Project Duration (Calendar Days) Daily Time Involvement 90 Days 120 Day 1/2 day $ 6,400 $ 8,500 Full day $11,800 $15,700 (End of memorandum) Councilwoman . Reeves made a motion, seconded by Councilman Wilkinson, to approve the Engineering Service Contract with Cornell Consulting Company. Yeas: Councilmembers Gray, Reeves, and 'Wilkinson. flays: Coucilman Wilmarth. THE MOTION CARRIED. Status Report and Projection of Costs for Joe Wright Dam and Reservoir Following is the City Manager's memorandum on this item: "Roger Krempel and I inspected Joe Wright Dam last week and spent considerable time walking back in the woods looking at the slide. There was no indication that a slide had ever occured there before or might occur. So only normal soil investigations of the effects of construction planned were called for. Those investigations developed no evidence that a slide might occur. Construction leaving a 5 to 1 slope would not .normally lead us to suspect a slide. The cause of the slide is a clay "lens" lying deep in the earth that when wet is greasy. The area is constantly naturally wet IPM August 21, 1979 and when we excavated the bottom of the reservoir, the toe of the slope was no longer supported and the greasy -slick lens was allowed to slip. As everything shakes down, this fact affects the cost of the reservoir project extremely. We estimate the total cost to increase by $2,018,000. There are some unknowns remaining --but this is our best estimate at this time. We will keep Council informed as un- knowns change and become knowns. A detailed report is attached." Following is the memorandum from Director of Public Works and Water Utilities Roger Krempel on this item: We have now obtained sufficient information to make a projection of the final cost of the reservoir project. The original estimated total cost was $7,794,000. Presently we project a cost of $9,683,574. All of the $1,889,574 cost increase relates to the rim slide and related third year costs. The following tabulation shags that front-end costs (Engineer and overhead) rose $394,057, but remain just below 17% of total costs. This compares favorably ' with federal projects where front-end costs range from 25% - 300 of project costs. Construction costs are computed by multiplying field rreasured quantities by unit bid items for this kind of work. The original estimates and contractors bid were based on information taken from logs of holes drilled into the ground in the forested area. During the design phase the Forest Service wanted the least atrount of roads possible cut through the trees to obtain soil logs. We have however, concluded that the slide was an unpredictable circumstance. The rim slide first noticed on Octobar 6, 1978, has made three monumental changes in the contract cost. First it opened up the end of the contract relieving the contractor from completion date and liabilities connected with overrun costs. Second, there was the expense of remedial work stabilizing the slide. Third, there was the search for and shift in location of zone 1 and 2 source material for placing in the dam onbanlmient. The slide stabilization contractor work will amount to about $516,256 when ccuplete. Geological analysis and buttress design cost $43,500 and probably another $20, 000 will canplete all the mnitoring and controls completed and still being installed. This then totals $579,756, we expected last fall that this would cost a half million dollars. LI August 21, 1979 The shift in borrow excavation area, relocating and changing the separation - processing equipment and longer haul distances has caused an unacceptable cost increase of close to one million dollars, yet we have found no solution but to proceed under special terms of the contract. The bid item for Zone 1 excavation, separation and transporting to the dam emoankmant was $3.65 per cubic yard. Another pay item took care of compacting the material into the dam. The contractor proposed a change order in June to cover the increased cost of producing Zone 1 material and transporting it to the dam of $9.54 per cubic yard. We found this unacceptable and for a month attempted to negotiate this downward with the contractor. July 13 the contractor withdrew this proposed price because he claimed it was too low. We then decided to proceed under a provision of the contract where this portion of the work will be completed on a cost plus basis which allows our Fngineer Consultant to directly supervise this portion of the work. From $3.65 to $9.54 per cubic yard is a 261% increase for this item alone. This change in the source of the Zone 1 material has had similar effects on the Zone 2 and 3 more coarse materials but to a lesser extent. Attached you also find the latest estimate from our Engineers of the cost to complete the contract. It would be easy for us to take a very negative point of view toward the slide and related cost. A more considered evaluation points to perhaps it was a good thing it happened while the contractor was on the job. It was fortunate to be able to remedy the slide since we now have removed that threat in the future along with possible closing of the outlet facilities or overspilling of the dam. We have summarized the project expecting our engineers will settle extra work and delay claims made by the contractor in the ammounts of $310,000 and $120,000. We of course can not be certain about these amounts in that the full amounts of the claims would add over a half million additional dollars to the cost. Optimistically the major work is programmed to be completed sometime in . September based on good weather. The rain this week has again slowed work making the completion in September uncertain. In summary the project will exceed the original budget by 24%. This amount could be greater depending on contractor extra work and delay claims. The project would have been completed well within budget if the slide had not occurred. The slide is considered to have been unpredictable. The project is projected to be completed this year. 1 1 August 21, 1979 JOE WRIGHT RESERVOIR & DAM 1976 8-14-79 Original Projected Cost Est. Cost Est. Preli-minary Cost $ 200,000 $ 200,000 Engineering Complete 745,000 745,000 - Additions Field 284 000) 314,000 Administration 30:000) ldrxAward-Clyde (Slidu TnvesticialJon) 43.,000 Ur. John Nelsai (Review of Slide) 2,500 357,500 357,500 Ov,anccad & Miscellancx,3us 349,000 349,000 Overhead & Misc. for Added Year 36,557 36,557 Subtotal 1,294,000 (16.62) Subtotal 1,688,057 (16.9% Cont-inyency 830,000 ' ConsL.ruc:tiau Cost 5,670,000 Green Bid 5,225,366 Adjustod Contract Amount.. Per Men :urod 11.ure: Y. Unit Bid 4,563,239 1:stiro-ated Additional Measurcd AdjusUrc-nits by Change Order Non -Slide Related 278,752 Slide Related Changes 2,704,530 Miscellaneous Items 18,996 1977 Claim for Extra work 310,000 1978 Claims & 1979 Subtotal 7,995,517 Total $7,794,000 $9,683,574 TOTAL INCREASE $1,889,574 Percent 24.2% Sl.itlr• Re:Iatod 'Incron,es: ('?vc rl u nd 36,557 Green Cons[. 2,704,530 Total. Slide Related ilis(-UA 1neous - 18,996 Increase $2,648,874 Escalation 120,000 Total Project Increase 1,889,574 $3,237,583 Balance of Contingency ]�.s PUr.tion or if Slide Had Not Original work Oni[tcd 588,704 Occurred $ 759,305 Net Slide Increase $2,648,879 IME August 21, 1979 Mr. Krempel reviewed the cost estimates of the projects, and responded to Council comments and questions. Mr. Krempel stated the next item, an ordinance appropriating reserve water funds, did not provide payment of disputed claims. Ordinance Adopted on First Reading Appropriating Reserve Water Funds for Payment of Designated Water Projects Following is the City Manager's memorandum on this item: "We need to have Council appropriate supplemental funds from capital reserves to complete projects in the Water.Utilities. We need a supplemental appropriation of $3,950,000 from reserves to complete Joe Wright Reservoir and of $901,000 for other con- struction in the Water Fund. In essence, vie need to appropriate and reappropriate from capital reserves money that was previously budgeted for: 1. The unexpected expense caused by the Joe Wright slide. 2. The high level of activity in capital construction of water and sewer mains to meet current development needs. Funds are available in the capital reserves of- the Water Fund and this appropriation will not have a significant negative impact on the financial status of the Utilities although the impact of the slide leaves the capital reserves far lower than expected." Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 103, 1979, on first reading. Yeas: Council - members Gray, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Adopted on First Reading Appropriating Reserve Funds in the Sewer Fund for Payment of Designated Exoenses Following is the City Manager's memorandum on this item: "The Sewer Utility needs an appropriation from Capital reserves of $1,200,000 for purchase of Sludge Disposal land. This is from retained earnings of the Sewer Fund. Funds are available in the capital reserves of the Sevier Fund and the 1980 Budget will provide a complete review of the status of both the Water and Sevier Funds. 1 August 21, 1979 We have deleted the request to advance funds from the Sewer Fund to Storm Drainage since Council has not had an opportunity to re- view the entire concept of a Storm Drainage Utility. We will be bringing this back to Council with more detail and analysis in the near future." Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 104, 1979, on first reading. Yeas: Council - members Gray, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance Tabled on Second Reading Creatinq a Street Oversizinq Fund Following is the City Manager's memorandum on this item: "This ordinance passed on first reading by a 5-2 vote at the August 7th meeting. Staff is working with developers on questions that were raised at the first reading of the three ordinances relating to street oversizing that were on the August 7th agenda. Depending on the results of these meetings, we hope to have additional responses to the questions raised at the meeting. ' This material is being sent under separate cover." City Manager Arnold reported th.e current liability on street over - sizing costs is in excess of one million dollars. The following persons spoke to this issue: 1. Mr. Bob Everitt of Everitt Enterprises, who read the following letter into the record: During the last several weeks, various developers and builders have had meetings with City staff members as well as professional people who are involved in providing services to developers and builders. We have been trying to analyze the ordinances #195-1t197 to see whether or not we are in agreement with the cost calculations that have been presented in these ordinances. We, also, have been analyzing some of the specifications that are presently in existence as well as the specifications that are used in making the calculations for the proposed ordinances to see if there are ways in which the cost of development might be reduced so that the inflationary cost of development can be brought under control. After discussing the ordinances along with the specificiations and costs, I am of the opinion that there is a way to get the oversizing of streets paid for at lesser amounts and on a more equitable basis than what is being proposed in the ordinances. I respectfully ask that you consider the following as an alternate to the ordinances 11195-f1197: 1. All developers would immediately begin paying for all oversized collector streets, and there would be no reimbursement for this oversizing. -90- August 21, 1979 2. The cost of the oversizing of all arterial streets would be paid for by the subdividers, and they would be paid back over a period of years based on the percentage of the total subdivision that was built out. The per- centage would be calculated on a yearly basis, and reimbursed on a yearly basis. The funds from the City should come from the general fund, and not from another fee tacked on to a building permit. By using this method of financing the oversizing of streets, there will be no -questions as to whether or not the money is available in order to pay for the oversizing since the developers will be financing it. There will be no questions concerning whether or not the specificiations are more or less then they need to be because it will be necessary to build the streets to the specifications that are compatible with the soil conditions in that area. I feel that the City j should pay for the full amount of the oversizing of bike paths, for this i cer- tainly is for the benefit of the total City. I also feel it is more equitable to have stop lights paid for in some manner other than having a fee on building permits. I think that this could be done by having each developer pay a portion of a stop light at a major intersection. The advantage of using the above mentioned method is that there would be no question about actual cost verses the fee. The money would be front ended by the developer, and lastly, everyone could be assured that the moneis were properly allocated because costs would be actual and not hypothetical. I would also like to suggest that a committee which included staff people of the City as well as developers be appointed to study how the specifications ' for streets, sidewalks, green areas, and utility services might be changed to help bring down the cost of development as well as the ongoing maintenance costs. The pressure of inflation on housing is a major problem, and I feel everything possible needs to be done to keep the cost of housing under control. 2. Mr. Jim Stewart, Consulting Engineer, reported on an analysis made by his firm regarding the fees, and speci- fically the asphalt and sub -base criteria. 3. Mr. Bernie Cain, developer, spoke to the design criteria and the traffic signalization costs. 4. Mr. Bill Tiley, supported the idea of the study being made by developers and requested a delay in passage of the ordinance. 5. Mr. Steve McMillan, representing Chism Homes, requested this ordinance be tabled for 45 days., in order that developers might complete their study. 6. Mr. Sam Heiter, representing Wood Brothers Homes, supported the request for a 45 day delay. Council then had a lengthy discussion on what the ordinance will accomplish. -91- August 21, 1979 Councilman Wilkinson mad.e a motion, seconded by Councilman Wilmarth, to table second reading of Ordinance No. 95, 1979, to September 4, 1979. Yeas: Councilmembers Reeves, Wilkinson, and Wilmarth. Nays: Councilwoman Gray. THE MOTION CARRIED. Ordinance Tabled on Second Reading Amending the Code Relating to the City's Participation in the Oversizinq of Certain Streets and Ordinance Tabled on Second Reading Amending the Code as it Relates to the Payment by the City of Costs Associated with the Oversizing of Streets Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to table Ordinance No. 96, 1979, and Ordinance No. 97, 1979 on Second Reading. Yeas: Councilmembers Reeves, Wilkinson, and Wilmarth. Nays: Councilwoman Gray. THE MOTION CARRIED. Other Business (A). City Manager Arnold stated the administration needed authori- zation to pay Clifton Gunderson $22,300. Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, to authorize the payment to Clifton Gunderson in the amount of $22,300. Yeas: Councilmembers Gray, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED (B). Mathews Street Parking, Continued. Following is the City Manager's memorandum on this item: "Coming up under Other Business is a decision on the parking lot behind DMA Plaza. The Housing Authority wants to buy the property and build 22 units of elderly housing on it. They'll pay more than we did: $66,000 vs. $51,500. When it was bought in 1977, it vias thought to be needed for Library parking. Subsequent traffic surveys indicate it's not needed for that. Add the joint use of DMA Plaza facilities and that makes it a good location for the 22 additional units. Members of the DMA may oppose the concept, arguing that it's needed for parking for the downtown. (They may raise the iss� while talking about parking tonight.) Council needs to be aware of the concept at that time, though a more full discus- sion will occur later. -92- August 21, 1979 Direction is needed from Council. Choices are: 1. We can sell the site for elderly housing. 2. We can keep it for future parking. 3. We can pave it and use it for parking now. The lot has approximately 14,000 square feet and should be able to have 43 spaces on it. To pave, stripe, and sign the lot will cost $35,000 - .$45,000. Council consensus was to reschedule this item to the September 4, 1979 agenda. (C). Resolution Adopted approving an Agreement with the World Company for the Attachment of Cable Television Equipment to Electric Utilitv Poles Following is the City Manager's memorandum on this item: "The World Company, through Columbine Cable, has requested to attach to City owned electric utility poles and use elec- tric utility conduit systems where such is of an economic benefit to the World Company. The Light and Power staff has met with Columbine and has written a contract to provide for such attachments. The City Attorney's staff has reviewed this agreement and recommends its execution. ' It is the opinion of the staff that this arrangement is in the best interest of the community. Aside from providing a written framework for this attachment agreement, this contract also provides for fees and charges. These include both charges for all "make ready" expenses in- curred by the Light and Power Utility and an annual fee for ongoing indirect expenses associated with this agreement. Messrs. John Dennis, Columbine Cable, and Dennis Sumner, Light and Power Utility, will be at the Council meeting on August 21st if there are any questions or comments from Council concerning this agreement. It is recommended that Council authorize the City Manager to execute this agreement on behalf of the City of Fort Collins. Due to the length of this contract, we have not included it in the agenda packet. If any Councilmember would like to review this contract prior to the meeting, it is available in the City Clerk's office." Councilman Wilmarth inquired into the amount of insurance, which he felt was inadequate. -93- August 21, 1979 Councilman Wilmarth made a motion, seconded by Councilman Wilkinson, to adopt this resolution subject to negotiation for higher liability insurance rates than those set forth in the contract. Yeas: Councilmembers Gray, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. City Manager's Report (a). City Manager Arnold called Council's attention to the quarterly Financial Report. (b). City Manager Arnold reported that bids would be received on September 10th on the trails system: a report will be made on September 11. The Chamber of Commerce is working with the City on 10 of these parcels. (c). The City Manager reminded. Council that Budget Session will begin on September llth. (d). The City Manager reported that Councilman Wilkinson had met with the staff and reviewed the claims made by Koch Construction Company. Koch has been paid down to the retainage. (e). City Attorney Liley requested authorization to make an appearance on behalf of the City on a suit filed by Vigor et which arose out of a denial on a preliminary on the Spring Creek Condominiums P.U.D.; they are asking for reversal of th findings of the decision to deny and a declaratory judgment that the P.U.D. Ordinance is unconstitutional. Councilman Wilmarth made a motion, seconded by Councilwoman Reeves, to authorize the City Attorney to enter an appearance on behalf of the City on the Suit filed by Vigor et al. Yeas: Councilmembers Gray, Reeves, Wilkinson, and Wilmarth. Nays: None. THE MOTION CARRIED. (f). City Attorney Liley then reported on the suit filed by the South Fort Collins Sanitation District, which involves two actions: one for money damages and injunctive relief prohibiting the. City from extending sewer services into the district's areas. City Attorney Liley then asked for author- ization for Special Counsel Arthur March, Jr. to include de- fense of this suit along with the previously filed suit, as one action. Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to approve the recommendation of the City Attorney. Yeas: Councilmembers Gray, Reeves, Wilkinson and Wilmarth. Nays: None. THE MOTION CARRIED. August 21, 1979 (g). City Manager Arnold then reported that there is a problem on the Mulberry Street Improvements; which might be delayed for two weeks, due to staff overload. Adiournment The meeting was adjourned to August 28, 1979, at 1:00 P.M. The meeting adjourned at 10:35 P.M. ATTEST: zz City Clerk ayor 1 -95-