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HomeMy WebLinkAboutMINUTES-07/02/1985-RegularJuly 2, 1985 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:3U p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 2, 1985, at 6:3U p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Krajicek, Lewis, L. Hopkins Agenda Review: City Manager City Manager Arnold noted Item #17, Resolution Authorizing Eminent Domain Proceedings for Northeast Loop Water Line, should be withdrawn from the agenda and in its place an easement should be substituted. He noted the negotiations for the property had been successful and there was no longer a need for the condemnation action. He further noted there would be a need for an Executive Session to discuss legal matters. Bruce Lockhart, 25UU East Harmony Road, asked that Item #9, Hearing and First Reading of Ordinance No. 77, 1985, Appropriating Unanticipated Revenue in the Communication Fund to Purchase a Computer Software Program; Item #11, Resolution Approving a Sole Source Purchase of Modicon Programmable Control Equipment from Kodak -Colorado Division; and Item #14, Acceptance of the Canvass of the June 18, 1985 Special City Election, be withdrawn from the Consent Calendar. nsent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #25, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled be staff or Council. These items will be discussed immediately following the Consent Calendar. 4. Approval of Minutes of Regular Meetings of June 4 and June 18, 1985 and the Adjourned Meeting of June 25. 1 -318- July 2, 1985 5. Second Reading of Ordinance No. 72, 1985, Vacating Two Utility Easements at Prospect ndustrial ark. This Ordinance was unanimously adopted on First Reading on June 18. i The owners are requesting the vacation of two utility easements at Prospect Industrial Park. The vacation is to accommodate two buildings, each of which will cover two lots. All utilities have been notified and indicate no problems with the request. 6. Second Reading of Ordinance No. 74, 1985 Appropriating Prior Year Cauital Reserves. This Ordinance was unanimously adopted on First Reading on June 18. Transfort is seeking a grant in the amount of $4U6,803 from Sections 5 and 9 of the Urban Mass Transportation Act of 1964, as amended, to provide operating assistance for Calendar Year 1985 for Transfort and Care -A -Van; planning assistance for an implementation of accessible service study; capital purchase of a spare engine; and desiyn and construction of four radii changes. 7. Second Reading of Ordinance No. 75, 1985, Authorizing the Issuance and Sale of ndustrial Uevelopment Revenue Bonds, eries 196b, in the Amount of $1,80U,000 for the Timberline'Tech Center Project. This Ordinance was unanimously adopted on First Reading on June 18 and authorizes the issuance and sale of Industrial Development Revenue Bonds, Series 1985, in the amount of $1,8UU,000 for the Timberline Tech Center project. 8. Second Reading of Ordinance No. 76, 1985, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. This Ordinance was unanimously (4-0) adopted on First Reading on June 18 and appropriates $877,000 in CUBG funds. At the June 18 meeting Council allocated the funds as recommended by the CDBG Steering Committee. 9. Hearing and First Reading of Ordinance' No. 77, 1985, Appropriating nanticipated Revenue in the Communication Fund to Purchase a Computer Software Program. The City of Fort Collins received a settlement from MiniSoft Corp. in payment for material returned to them by the Integrated Office Systems division. This Ordinance will appropriate those funds in the Communication Fund. The funds will be used to purchase a different word processing software package. 1 -319- July 2, 1985 IU. Resolution Authorizing the Housing Authority. )ointment of Two Alternates to the The Housing Authority has requested that Council provide two alternate members to their board. These members would attend meetings as observers. 11. Resolution Approving a Sole Source Purchase of Modicon Programmable Control Equipment from Kodak -Colorado Division. This resolution would authorize the purchase of Modicon programmable process control equipment in the amount of $95,33b from Kodak -Colorado Division for installation at Water Treatment Plant #2 and Wastewater Treatment Plant #2. A sole source purchase is necessary to take advantage of the 70 percent reduction from the retail price offered by Kodak. 12. Resolution Approving an Agreement for Water Main Easements Through Colorado State University Foothills Campus. This Resolution would authorize the Mayor to sign an Easement Agreement with the State Board of Agriculture approving three water main easements through the Foothills Campus of Colorado State University. The easements have been granted to the City at no cost, and the Agreement has been approved by the State Board of Agriculture. The easements are necessary for water mains which will be constructed in conjunction with the expansion of Water Treatment Plant #2. 13. Resolution Authoriz-iny the City Manager to Enter into an Agreement With Care -A -Van to Provide Transportation Services to the City. The City contracts with Care -A -Van to provide specialized transportation for its elderly and handicapped residents to augment the Transfort system. This year's contract has been negotiated with Care -A -Van and provides the same level of financial support as last year, $68,864. 14. Acceptance of the Canvass of the June 18, 1985 Special City Election. The abstract of votes cast at the Special City Election held on June 18 relating to the referred ordinance on the Oak Park residential project is included in the agenda packet. The Election Board has completed the canvass and certification: process for the election. Council is asked to accept the canvass and election results. Total Ballots Cast at the Election: 7,701 Total Registered Voters: 42,785 For the Ordinance 1,759 Against the Ordinance 5,887 -320- July 2, 1985 1b. Routine Ueeds and Easements. A. Easement from St. Elizabeth Seton Parish for a 20' wide access easement for a sidewalk along Southridye Greens Boulevard. The easement from St. Elizabeth Seton Parish is needed because existing landscaping prevents the sidewalk from being located in the existing right-of-way. B. Quit Claim Ueed from the Board of County Commissioners for property in the Martinez Park Farm parking lot. Ouriny the construction of the Martinez Park Farm, it was discovered that a tiny parcel of land had, because of discrepancies in the real estate records, not been conveyed to the City. The record owner of the property had failed to pay the taxes on the property, and upon such failure, the Larimer County Treasurer issued a Treasurer's deed, conveying the property to the Board of Commissioners of Larimer County. The City agreed that, in exchange for a quit claim deed for the parcel, it would pay the $320.74 of unpaid taxes, penalties and interest, in order to obtain clear title to the property. The Board of Commissioners accepted the City's offer and issued a quit claim deed. The property contains 450 square feet and, for the most part, is located in the parking lot of the Martinez Park Farm. Urdinances on Second Reading were read by title by Wanda Krajicek, City ' Clerk. Item #5. Second Reading of Ordinance No. 72, 1985, Vacating Two Utility Easements at Prospect Industrial Park. Item #6. Second Reading of Ordinance IVo. 74, 1985 Appropriating Prior ear Capital Reserves. Item #7. Second Reading of Ordinance No. 75, 1985, Authorizing the Issuance and Sale of Industrial Uevelopment Revenue bonds, Series 198b, in the Amount of $1,8UU,000 for the imberline ec Center Proiect. Item #8. Second Reading of Ordinance No. 76, 1985, Appropriating Unanticipated Revenue in the Community Uevelopment Block Grant und. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Hearing and First Reading of Ordinance No. 77, 1985, Appro- priating Unanticipated Revenue in the Communication Fund to Purchase a Computer Software Program. -321- July 2, 198b Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. THE MOTION CARRIED. Resolution Making Appointments to Various Boards and Commissions, Adopted Following is the staff's memorandum on this item: "Executive Summar Council has received copies of the applications for membership on the various City Boards and Commissions, and interviews have been conducted with the applicants by Council committees. Council has already received recommendations from interview committees. Background Appointments need to be made for the following Boards and Commissions: Airport Authority ' Building Board of Appeals Building Contractors Licensiny Board Cable Advisory Board CHOICE Advisory Board Commission on Disability Cultural Resources Board Downtown Development Authority Election Board Golf Board Housing Authority Human Relations Commission Landmark Preservation Commission Library Board Liquor Licensing Authority Parking Commission Parks and Recreation Board Planning and Zoning Board Public Access Advisory Board Quality of Life Commission Senior Citizens Board Storm Drainage Board Water Board Zoning Board of Appeals Appointments will be for either regular or alternate membership and for ' terms to expire as indicated in the Resolution." -322- July 2, 1985 Councilmember Stoner nominated Josepn E. Phillips to the Airport Authority. Councilmember Knezovich nominated Raju Jairam to the Building Board of Appeals regular membership vacancy and suggested Dick Anderson and Wayne Costa for the two alternate positions. Councilmember Knezovich nominated Chris Allison to the Building Contractors Licensing Board and suggested Thomas Bullard for the alternate position. Councilmember Estrada nominated Mary Lou Cornette and Lewis Wymisner to the Cable Advisory Board. Councilmember Ohlson nominated Dan Keating and David Carvill to the CHOICE Advisory Board. Councilmember Ohlson nominated Penne Powers Thomas, Betty Pidcock, and Betty Shuey to the Commission on Disability. Councilmember Stoner nominated James Weitz and Christine Jones to the Cultural Resources Board. Councilmember Estrada nominated Barbara Liebler, George Betz, William Friedrichson, and Eldon Ward to the Downtown Development Authority. Councilmember Knezovich nominated Elaine Dobler to the Election Board. Cuuncilmember Stoner nominated Tom Skillman and John Drescher to the Golf I Board. Councilmember Estrada nominated Michael Perry, Eileen Waldo, and Geraldine Aragon for the Housing Authority regular memberships and Beverly Lee and David Frick to the alternate positions. Councilmember Estrada nominated Sam Blanco, Rosemary Sheridan, Susan Elizabeth Lamb, and Mary Schultz to the Human Relations Commission. Councilmember Clarke nominated Holly Evans Richter and Wayne Sundberg to the Landmark Preservation Commission. Councilmember Horak nominated Christine Kneeland to the Library Board regular membership and Catherine Fine and Susan Kirkpatrick to the alternate positions. Councilmember Knezovich nominated Alice Spaulding and Peter Bullard to the Liquor Licensing Authority. Councilmember Ohlson nominated Scott Duncan and William Fischer to the alternate positions on the Natural Resources Board and nominated Ari M. Michelsen, Robert Sands, David DuBois, Timothy Johnson, Tod Schwartz, Suzanne Bassinger, Denise LaRue, Patrick Sousa, and Gilbert Fechner to the regular membership on the board. ' -323- July 2, 1985 ' Councilmember Knezovich nominated Edward Horejs and Rodger Burton to the Parking Commission. Councilmember Horak nominated Mike ImMasche, Ann Schroeder, Rick Ramirez, and Ricki Saftler-Slack to the Parks and Recreation Board. Councilmember Clarke noted he and Councilmember Horak had interviewed for the Planning and Zoning Board appointments and that they were in agreement with the nomination of Kathy Imel; however, they were not able to agree on the second nomination. He noted he recommended David Osborn for the position. Councilmember Horak noted he recommended Laurie O'Dell for the position. City Manager Arnold noted he had just been intormed by Pete Dallow, Director of Information and Communication Systems, that he had made a job offer to Kathy lmel and that she will begin employment with the City in approximately three weeks. He suggested the two names suggested be considered. Councilmember Clarke nominated David Osborn and Laurie O'Dell for the two vacancies. Councilmember Horak felt the need to take a second look at the applications, noting he was not prepared to make a decision at this time. ' Councilmember Knezovich felt there was a need to make the appointment at this meeting. Mayor Rutstein noted the alternate could function in the interim. She suggested moving on to the other appointments and coming back to the Planning and Zoning Board. Councilmember Knezovich nominated Nancy Shanahan to the Public Access Advisory Board. Councilmember Estrada nominated Herbert Worthington, Michelle Aldrich, and Joanne Rankin to the Quality of Life Commission. Councilmember Clarke nominated Debra McClurkin to the Retirement Committee. Councilmember Ohl son nominated Joseph Campanella and Martha Bartlett as alternates to the Senior Citizen Board and nominated Clark Long, Mildred Arnold, and Paula Makowsky to the regular membership positions. Councilmember Stoner nominated Jan Scott` Murphy and Wally Foster as alternates to the Storm Drainage Board and nominated Constantine Papadakis, James Uubler, and John Strachan to the regular membership positions. Councilmember Horak nominated Jim O'Brien and Tom Sanders to the Water Board and Stanley Ponce to the alternate position on the Board. -324- July 2, 1985 Councilmember Clarke nominated Eva Lieser to the Zoning Board of Appeals Councilmember Horak noted he would be willing to make one of the appointments to the Planning and Zoning Board at this meeting and suggested the name of Laurie O'Dell be considered. A straw poll of the Councilmembers agreed (4-3) to insert the name of Laurie O'Dell into the Resolution and postpone consideration of the second appointment until July 9. Councilmember Knezovich made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-109 inserting the names as suggested by the Council interview teams. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Uhlson stated he would be proposing a policy that would change the process for Boards and Commissions appointments. He noted he would be suggesting the establishment of a two -week period between the announcement of the appointments and the adoption of the Resolution making the appointments to allow time for public input and comment on the prospective appointees. Acceptance of Easement from A. P. Scott for Northeast Loop Water Line Following is staff's memorandum on this item: "Executive Summary As required in the Master Agreement with Anheuser-Busch, the City of Fort Collins is designing and preparing to build a water transmission main extending from Water Treatment Plant No. 2 to the brewery site. The City is in the process of acquiring the easements needed to complete this project. Since it was known that the grantor was going to be out of the country in two weeks, we placed a resolution for eminent domain on tonight's council agenda as a precautionary measure. However, voluntary negotiations have succeeded thereby negating the need for the resolution. Background As part of the Master Agreement with Anheuser-Busch, the City of Fort Collins Water Utility is in the process of designing and preparing to build a large diameter water transmission main. The main will serve the northern half of the City of Fort Collins as well as the Anheuser-Busch brewery. The transmission line will run from the City's Water Treatment Plant No. 2 east across the northern half of Fort Collins to the Anheuser-Busch brewery -325- July 2, 1985 site. There will be four pipe sizes as the line passes across the City. The pipe w ill be 48 inches from WTP#2 to a point one-half mile east of Overland Trail, then 42 inch to Shields, 3b inch from Shields to Lemay and 30 inch east of Lemay to the brewery site. The 48 inch, 42 and 36 inch portions of the line will provide water transmission capacity for the City water distribution system across the northern half of the City. Owner: A.P. Scott Consideration: $483.OU (Based on MA1 value estimate) Location: East of Shields Street and south of Poudre River (see #1 on attached map)" Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to accept the easement. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIEu. City Manager's Report City Manager Arnold called Council's attention to a memo relating to funds for Crossroads relocation. He noted approximately $69,000 had been found in two CUBG projects. He noted staff will continue to work with Crossroads and will come back with a report. I Councilmembers' Report Councilmember Horak reported he had attended the dedication of the Windy Gap project near Granby and had attended a conference in Salida dealing with the election of conservancy district members. Mayor Rutstein noted she had met with a delegation of Councilmembers and Police officials from Warren, Ohio who were in Fort Collins visiting with the City's Police Department at the recommendation of the consulting firm of Cresap, McCormick, and Paget, Inc. Ordinance Appropriating Unanticipated Revenue in the Communication Fund to Purchase a Computer Software Program, Adopted on First Reading Following is the staff's memorandum on this item: "Executive Summary The City of Fort Collins received a settlement from MiniSoft Corp. in payment for material returned to them' by the Integrated Office Systems ' division. -326- July 2, 1985 This Ordinance will appropriate those funds in the Communication Fund. The funds will be used to purchase a different word processing software package. Background In 1984, the City purchased Miniword word processing package from Minisoft Corp. as the word processing software for the City of Fort Collins office automation project. After several months, it became apparent that Minisoft Corp. could not provide the City with a functioning product. A settlement was negotiated in February of 1985 and included a buy-back of certain materials for $72UO. The reappropriation of those funds to the Communication Fund Integrated Office Systems division will be used to offset the cost of replacing the word processing software package." Bruce Lockhart, 25UO East Harmony Road, asked how much was lost as a result of this transaction. Director of Information and Communication Systems Pete Dallow replied that approximately $2,000 was lost in terms of what was paid and the settlement. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 77, 198b on First Reading. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. ' Resolution Approving a Sole Source Purchase of Modicon Programmable Control Equipment from Kodak -Colorado Division, Adopted Following is the staff's memorandum on this item: "Executive Summar This resolution would authorize the purchase of Modicon programmable process control equipment in the amount of $95,336 from Kodak -Colorado Division for installation at Water Treatment Plant #2 and Wastewater Treatment Plant #2. A sole source purchase is necessary to take advantage of the 7U percent reduction from the retail price offered by Kodak. Background Kodak -Colorado Division is accepting bids on Modicon programmable control equipment which was purchased by Kodak for a new facility that they have decided not to place into operation. The equipment is offered at thirty percent of the current retail price. In order to take advantage of this exceptional price, a sole source purchase is necessary. Modicon programmable controls are currently in use at Water Treatment Plant #2 and I -327- July 2, 1985 at Wastewater Treatment Plant #1. The programmable controls allow for ' remote monitoring of treatment plant processes and computerized controls to adjust treatment processes based on the monitoring data. The City has planned to install Modicon systems in the other treatment plants in order to maintain compatibility of equipment. Consistency in using the Modicon system is an advantage in getting service and parts when necessary. In addition, City personnel are trained and experienced in the installation, maintenance and operation of the system. Funds to purchase this equipment were approved in both the Water and Sewer Capital Improvements Budgets for 1985. Modicon equipment will be installed as a part of the Water Treatment Plant #2 expansion currently under design, and will provide for automated process controls of the plant expansion treatment processes, the New Foothills pump station, the Poudre River diversion structure, and the pilot plant project. Installation of the equipment at Wastewater Treatment Plant #2 will automate the present facility and the proposed modifications for treatment of Anheuser-Busch brewery wastes including the sludge handling and composting facilities." Councilmember Knezovich made a motion, seconded by Councilmember Uhlson, to adopt Resolution 85-10. Bruce Lockhart, 2500 East Harmony Road, commended staff for making a good purchase. The vote on Councilmember Knezovich's motion to adopt Resolution 85-107 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, ' Uhlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Acceptance of the Canvass of the June 18, 1985 Special City Election Following is the staff's memorandum on this item: "Attached is a copy of the abstract of votes cast at the Special City Election held on June 18 relating to the referred ordinance on the Oak Park residential project. The Election Board has completed the canvass and certification process for the election. Council is asked to accept the canvass and election results. Total Ballots Cast at the Election: 7,701 Total Registered Voters: 42,785 For the Ordinance 1,759 Ayainst the Ordinance 5,887" Bruce Lockhart, 2500 East Harmony Road, asked that the election results be read. Mayor Rutstein read the results into the record. -328- July 2, 1985 Barbara Allison, 1212 Lynnwood Drive, suggested Council take another look at the Downtown Development Authority in light of the election results. Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to accept the canvass of the June 18, 1985 Special City Election. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Uhlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation a. Proclamation Naming July as National Recreation and Parks Month and July 1-7 as Life. Be in it Week, was accepted by Cathy Mulcahy, vice-president of the Parks and Recreation Board. b. Presentation of certificate to City recognizing the Fort Collins Parks and Recreation Department as one of four finalists in the competition for the National Gold Medal award for outstanding performance by a City Parks and Recreation Department among cities in the 50,000 to 100,000 population class, was made by John Schmidt of Go -Jo Sports. Jim Woodward, 430 Garfield, noted that since the Library was not open on Sunday in the summer, there was no access to the agenda on that day. He suggested two full packets be provided for the Library and that an alternate site be found for Sunday inspection of the packet. Barbara Liebler, 817 Peterson, requested that the additional $b,000 allocation for the CAN Newsletter be considered during the upcoming budget discussions. Barbara Allison, 1212 Lynnwood Drive, commented on the Southridge Greens golf course situation. Ed VanUriel, 1212 West Mountain, expressed concern about the evolution of permitted uses in certain zoning districts. He felt the change was due to changes in the enforcement and interpretation of the zoning code and suggested the code should be enforced as written. Mayor Rutstein asked the planning staff to meet with Mr. VanDriel to ascertain his concerns and brief him on the LUGS. Jim Koenig, 306 East Elizabeth, CAN Board of Directors, spoke to the lack of low -to -moderate housing in the CAN neighborhood and the difficulty in finding such housing. Councilmember Knezovich asked whether any Councilmembers would be bringing the pool/rink issue up under Other Business. He noted he felt those in the audience should be made aware of Council's intentions in view of the potentially long agenda. -329- July 2, 1985 Councilmember Horak asked the City Attorney for advice on the proper procedure for Council reconsideration of this issue. Councilmember Clarke felt discussion of fast tracking was premature and that staff needs adequate time to respond to comments at the recent worksession. Councilmembers Estrada and Stoner felt there was a need to look at the fast tracking issue and requested the issue be discussed during Other Business. Appeal of Planning and Coning Board Decision to Deny the Proposed Amendment of Cunningham Corners Master Plan to Delete the Requirement for the Windmill Drive Extension and Reconfiyuration of Tracts A Townhomes and H Open Space Detention, Planning and Zoning Decision Reversed with Conditions Following is the staff's memorandum on this item: "Executive Summar On April 29, 1985, the Planning and Zoning Board denied the request of Metcalf Ltd., for an amendment to the Cunningham Corners Master Plan, by a vote of 6-0. The proposed amendment was to delete the A - Townhomes and requirement for the Windmill Drive extension and reconfiguration of Tracts H Open Space Detention. Staff recommended denial of the proposed amendment. Marc!:, Myatt, Korb, Carroll and Brandes, Attorneys and Counsellors at Law, has requested on behalf of their clients (certain residents of the Woodwest Subdivision), that the item be appealed to the City Council. Background The proposal is to amend the existing approved Master Plan for Cunningham Corners. The proposed changes include the deletion of the Windmill Drive connection between Richmond Drive and Gunnison Drive and a reconfiguration of Tracts A (Townhomes) and H (Open Space Detention). The 28.8 acre Master Plan consists of a mix of townhomes and condominiums, 7.3 acre office park, recreational amenity, child care center, and convenience commercial center. The site is located on the northeast corner of the intersection of Horsetooth Road and Shields Street. Additional background information about the proposal is contained within the staff report. The staff recommended denial of the proposed amendment based upon the following: That the requirement for' the extension of Windmill Drive is consistent with past policy and plans for Cunningham Corners; that the extension of Windmill Drive would provide a more convenient access to Horsetooth Road for existing homes in and around Gunnison Drive and would have the added benefit of reducing the number of trips on other residential I streets in the neighborhood, that the extension of Windmill Drive will -33U- July 2, 1985 improve the Police emergency response time and patrol capabilities for the neighborhood, and; that the extension of Windmill Drive will improve the response time to the neighborhood by fire and other emergency apparatus. On April 29, 1985, the Planning and Zoning Board voted to deny (6-0) the proposed amendment to the Master Plan. The reasons for the denial were that the fire and police standards of the City should be upheld; that the City has been very clear at previous times that Windmill Drive will be connected to Gunnison Drive, and; that the street connection makes good planning sense here as well as in similar situations in other areas of the community. There was opposition to the proposal from the Woodwest Subdivision. Minutes of the meeting and other support documents are attached. March, Myatt, Korb, Carroll and Brandes, Attorneys and Counsellors at Law, on behalf of their clients (certain residents of the Woodwest Subdivision), has appealed the decision of the Planning and "Zoning Board. The grounds for appeal are as follows: That the decision of the Board was based on a belief that deletion of the Windmill Drive connection would pose a safety risk when the evidence does not support such a conclusion; that the statements by City staff relative to traffic/safety issues upon which Board members relied are not supported by the weight of the evidence, and; that all pertinent information relating to traffic and safety issues was not fully discussed and/or considered by the Board at the hearing. City Council should consider the appeal based upon the detailed minutes of the Planning and Zoning Board and any new evidence; and, after ' consideration, either sustain, reverse or modify the decision, or send the matter back for further hearing and review by the Planning and Zoning Board. If in the event, the City Council decides to reverse the Boards decision and to approve the proposed amendment, the staff would recommend that the applicants be responsible for the removal of the existing stub of Windmill Drive, installation of a new sidewalk between Gunnison Drive and Richmond Drive, and other requirements as detailed in the staff report." City Planner Joe Frank detailed the issue before Council and gave the reasons for the staff recommendation for denial. Lucia Liley, 110 East Uak, representing the neighborhood and the developer, provided an outline of the appellant's presentation. John Lumb, 3312 Gunnison, representing the Woodwest neighborhood, spoke of traffic flow concerns and asked that the Planning and Zoning Board decision be reversed. Frank Vaught, ZVFK Architects and Planners, spoke to the site plan and various planning aspects. Dick Gast, 110 East Oak, spoke on the Police and Fire emergency response time issue and detailed four routes to respond from Fire Station No. 4. He asked reversal of the Planning and Zoning Board decision. -331- July 2, 1985 Councilmember Knezovich made a motion, seconded by Councilmember Clarke, to reverse the decision of the Planning and Zoning Board with the fire conditions as outlined by staff: a. That Windmill Drive be vacated and adjoining single family property owners accept the ROW. The applicants are to provide all the necessary documentation for the vacation. b. That the existing pavement, curb and gutter, sidewalk, etc. in Windmill Drive be removed and replaced with an acceptable ground cover treatment, the cost of which will be borne by the applicants. c. That the applicants bear the cost of any removal or relocation of existing utilities, including shutting off at the main. The applicants are to provide the necessary vacation or dedication documents for any unneeded easements. d. That a sidewalk be provided between Gunnison Drive and Richmond Drive. The applicants are to bear the cost of installation of the sidewalk and dedicate the required public access easements. e. That the applicants are to fulfill these requirements as part of the approval of any future phases of the Cunningham Corners Master Plan. Fire Division Chief Larry Donner explained the Poudre Fire Authority philosophy noting it was the long range approach rather than right now. He felt response time to the neighborhood would be enhanced by the extension of Windmill Drive. Councilmember Knezovich felt there was more danger to the neighborhood if the street connection were made than the apparent loss of life that would result from a five -second delay in response time by emergency equipment. He urged Council to overturn the Planning and Zoning Board decision. Councilmember Clarke noted he would support Councilmember Knezovich's motion since he felt the response time was reasonable. Councilmember Estrada concurred with Councilmembers Knezovich and Clarke and noted he felt the few second variance in response time was adequate. The vote on Councilmember Knezovich's motion to reverse the decision of the Planning and Zoniny Board with conditions was' as follows: Yeas: Councilmembers Clarke, Estrada, Horak; Knezovich,' and Ohlson. Nays: Councilmembers Rutstein and Stoner. THE MUTIUN CARRIED. -332- July 2, 1985 Resolution Amending the Urban Growth Area Agreement, Adopted Following is the staff's memorandum on this item: "Executive Summary The developer of the Uakridge Planned Unit Development (and several other affected property owners) are requesting that the Urban Growth Area Boundary be amended in order to provide sewer service at a less expensive price. This proposal has the potential to become confusing because of the numerous alignments that have been looked at over the last several months. The bottom line in this discussion, however, appears to be the following question, "Do the technical arguments supporting an amendment to the Urban Growth Area for the purpose of providing sewer service outweigh the land use/growth control arguments for retaining the existing Urban Growth Area Boundary?" Background Amendment for Technical Reasons The staff presentation before the Planning and Zoning Board was based on a belief that the most appropriate and cost effective placement of the sewer line follows a route outside of the existing Urban Growth Area. It is referred to as the "Base Proposal". The attached memorandum from Bill Carnahan provides additional detail on the various alignments that were reviewed and the Utility Department's conclusion that the base proposal is in fact the cheapest in terms of capital cost and future operating and maintenance costs. From a cost per unit standpoint, this line is the best if we assume that the newly affected property owners are willing participants (i.e. right-of-way donated, not purchased) and their property will support urban development once they are in the Urban Growth Area (i.e. higher densities on their property). Land Use/Growth Management The counter arguments to: allowiny the modifications to the Urban Growth Area focus more on concern for land•use and growth management issues. The City is clearly not in the habit of changing the Urban Growth Area Boundary just "because more people want to be in it". Similarly, any change in the Urban Growth Area Boundary must be done with the conscious understanding that it is perceived as a significant action and not a minor event taken lightly by the City. Further, we want to avoid actions that are interpreted as the City "overly promoting" development in the southeast. Conclusion 7 Both arguments are strong. The requested alignment is the cheapest to install and has the potential to be the cheapest from a per unit cost for future users of the line. The Planning and Zoning Board and the Joint City ' -333- July 2, 1985 and District Committee have concurred with the technical arguments. The overwhelminy weight of technical argument suggests that had there been this level of technical information available regarding the location of sewer lines at the time the original Urban Growth Area was formed, it would in all probability have been drawn as is currently proposed. The staff continues to support the amendment to the Urban Growth Area based on the technical arguments. The City's strong growth management posture is not significantly altered by an additional 357 acres being added to the Urban Growth Area. Similarly, we can demonstrate that much has been and continues to be done to promote development in other areas of town as well as the southeast quadrant. Again, staff recommends adoption of the revision to the Urban Growth Area based on the belief that the technical arguments outweigh the counter arguments dealing with land use and yrowth management. The attachments in the packet include: 1. Memo from Bill Carnahan and Mike Smith. 2. Memo from Curt Smith in response to questions raised by Mr. Slimak and others. 3. Exhibit from U.G.A. agreement - "Criteria for Amendiny". 4. Planning and Zoning Board Minutes. 5. Applicants submittal entitled "Justification for Rezoning" 6. Other letter submitted." Deputy City Manager Rich Shannon summarized the land use/growth management issues dealing with the UGA amendment. Utilities General Manager Bill Carnahan commented on the technical reasons in support of the amendment. Lucia Liley, 11U East Oak, representing the applicant summarized the applicant's position. She stated they felt there needed to be a permanent sewer solution set now for properties already in the City and currently in the UGA. She felt the amendment was the most cost effective route from a capital standpoint, a maintenance standpoint, and cost per connection. She asked for approval of the amendment. Bill Slimak, 2522 East County Road #36, opposed the amendment and stated he felt it was not in the best interests of the community,as'a whole. He felt other alternatives should be explored. Vern Mobley, 2521 East County Road #36, expressed concern about the community and stated he felt moving the UGA boundary was in complete opposition to the City's stated intent to encourage growth to the north. -334- July 2, 1985 Councilmember Horak made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-83. Councilmember Clarke spoke of how the original UGA boundaries were drawn. He noted the boundaries were always meant to be moved when there were good reasons. He noted this was one of those reasons. The vote on Councilmember Horak's motion to adopt Resolution 85-83 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Setting Forth the Intention of the City of Fort Collins to Issue Multi -Family Revenue bonds for the Foothills Apartments Project in an Amount Not to Exceed $6,000,UUU, Tabled to August 6 Following is the staff's memorandum on this item: "Executive Sum.ar This Resolution sets forth the intention of the City to issue Multi -Family Revenue bonds in an amount not to exceed $6,000,OOU to John Manning for the purpose of financing the acquisition and rehabilitation of Foothills Apartments, a 252 unit project located at 1805 and 1917 South Shields. ' Background The Foothills Apartments is an existing project located at 1805 and 1917 South Shields. The project consists of 252 rental units. Bond proceeds will be utilized for the acquisition and rehabilitation of the property. Staff is recommending approval of this Resolution, according to the criteria established in Resolution 84-179. This recommendation is based on the following: 1. The community good of the project comes from the rehabilitation work planned which will halt the current decay of the complex and provide better housing for low and moderate income residents without adding to the existing inventory of multi -family housing in Fort Collins. 2. Staff has met with the applicant's representative and David Herrera of the Housing Authority to discuss the project. Concerns were expressed about: a. ownership being retained after the rehabilitation; b, marketing plan for the project; c. energy savings through the rehabilitation; and -335- July 2, 1985 d. working with the Housing Authority toward further impacts on the affordability of the project. Attached is a letter from Mr. Manning providing assurances. We will receive detailed information and written agreements to satisfy our concerns before proceeding with a bond ordinance. The project is an existing complex with $706,2UO of the bond proceeds being utilized for rehabilitation. The remaining $5,293,80U will go toward financing and acquisition costs. Current rents for the units will be raised, in spite of the tax exempt financing and rent subsidies being applied. However, rent on the subsidized units will be well below the levels required by Resolution 84-179, and rents on nonsubsidized units will remain below the subsidized levels required by the City. The apartment complex is currently in receivership under court jurisdiction. The Colorado Capital Group II, Ltd., owners of the complex, filed for bankruptcy on December 5, 1985. They owe the City of Fort Collins $9,388.82 in unpaid utilities. John Manning, the applicant, was a limited partner in the Colorado Capital Group II. A claim for the $9,388.82 has been filed with the court. if the receiver does not pay the delinquency, Mr. Manning has agreed to do so personally. The project is utilizing a federal mortgage loan plan which requires ' co-insurance on the loan. Mr. Manning will be issued a firm financing commitment from a qualified co-insurance mortgagee to provide a 35 year fixed-rate fully amortized mortgage loan under Section 223(f) of the National Housing Act. Section 223(f) is a mechanism of permanent financing for the acquisition and rehabilitation of existing multifamily residential property. Under the Federal regulation, a qualified private mortgagee co-insures, along with FHA, the mortgage loan through its entire term. This technique allows for issuance of tax-exempt Industrial Development Revenue Bonds for multifamily housing finance which will become "AAA" rated by Standard and Poor's because, at the closing of the mortgage loan, a GNMA fully modified pass through security is issued. The Community Development Staff has evaluated the Foothills Apartments for compliance with the proposed multi -family revenue bond criteria. The following evaluation is based on their review of the application submitted by the applicant, a copy of which has been provided for your review. Criteria 1: 20% of units rented to families at or below 70% of median income. Foothills Apartments is an existing project, completed in 1971, that contains 252 units. 50 units will be set aside for families at or below 7U% of median income. Criteria 2: Base rents at 30% of 70% of median income. Of the 50 units set aside in this project for low and moderate income families, two units will have one bedroom, 47 units will have two bedrooms and one unit wall have -336- July 2, 1985 three bedrooms. The following table indicates the base rent calculations that would be required for these units: ' BASE RENTS Unit Family Median 7U% of Affordable Rent Size Size Income Median (30% of 70% of Income Median Income) 1 bdrm 2 $22,700 $15,890 $397 2 bdrm 3 25,600 17,92U 448 3 bdrm 4 28,400 19,880 497 Criteria 3: 1/4 of 1% of the original bond amount applied annually as additional rent subsidy. The total bond amount requested is $6 million. The subsidy calculated on this amount is $15,000 annually (throughout the life of the bonds) to be divided equally among the 50 restricted units, or $25 per unit per month. Criteria 4: Actual rent calculations. The maximum actual rents for the 50 restricted units would be the affordable rent minus the additional monthly subsidy. Maximum rents would therefore be $372 for a one bedroom unit, $423 for a two bedroom unit, and $472 for a three bedroom unit. The rents proposed for this project are significantly lower than what is theoretically affordable to families at 7U% of median income (30% of income). The following table provides data on the proposed rent structure: ' Unit Family Required Proposed Size Size Base Rent Rent 1 bdrm 2 $372 $275 2 bdrm 3 423 350 3 bdrm 4 472 400 It should be noted that the proposed rents are for all units in the project, not just the subsidized units. However, the proposed rents reflect an increase of $40 to $65 per month over current rents. Criteria 5: Planning and Zoning Board approval. This criteria is not relevant to this project as this is an existing apartment complex. Criteria b: Equal Amenities. The amenities provided in the restricted units will be the same as those provided in the non -restricted units. The proposal indicated that amenities will include a laundry room, playgrounds and tot lots, but the number of these facilities to be provided is not indicated. It is assumed that all facilities exterior to the units will be equally available to all residents of the project. Criteria 7: Compliance with other federal and state requirements. All requirements will be met and assurance will be given at the time an ordinance issuing these bonds is brought forward to Council. I -337- July 2, 1985 ' Criteria 8: Trustee monitoring. The trustee for these bonds will be required to provide monitoring in the form of a report to the City each year indicating the income levels of the families that are renting the restricted units and the application of the additional rent subsidy. based on the information provided, Community Development recommends approval of the Resolution. To date, two other Multi -Family Revenue bond issuances have been induced Drake Landing and Stone Creek. No further action has been taken by the applicants, and no bonds have been issued." Deputy City Manager Shannon gave a brief overview of the project noting the passage of this Resolution would not automatically guarantee the bonds would be approved. Rick Price, Kirchner, Moore and Company, detailed the bankruptcy proceedings and showed slides of areas proposed for improvement in the project. John Manning, complex owner, addressed the issue of retained ownership noting he planned to hold the property for an indefinite period of time. David Herrera, Housing Authority Director, spoke to the rents proposed for the complex and to the benefits of making the units more energy efficient and thus reducing the utility Councilmember Clarke felt the bills. project deserved Council's support in light of Mr. Herrera's comments and support. Councilmember Ohlson stated that if the Resolution passed, it was not an automatic guarantee when the bonds are ready to be issued. Councilmember Horak made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-111. Councilmember Estrada noted he was not willing to vote for this project and that he felt it needed more work so that it will actually help low income persons in Fort Collins. Councilmember Knezovich agreed with Councilmember Estrada and added the project needed revising and improving before he was prepared to vote for it. Councilmember Stoner felt more public benefit could be derived from the project. The vote on Councilmember Horak's motion to adopt Resolution 85-111 was as follows: Yeas: Councilmembers Clarke, Horak, and Ohl son. Nays: Councilmembers Estrada, Knezovich, Rutstein, and Stoner. -338- July 2, 1985 THE MOTION FAILED. ' Councilmember Horak made a motion, seconded by Councilmember Clarke, to table the Resolution tentatively to August 6 to allow the developer to work with staff and the Housing Authority Director and bring the project back addressing Council concerns. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business City Manager Arnold noted staff was suggesting some modification of the fast tracking concept to address concerns about the financial security of the project. He stated staff was seeking Council direction on the issue. Councilmember Clarke made a motion, seconded by Councilmember Estrada, to modify the fast tracking proposal and adopt the City Manager's recommendations for that modification. Luke Santangelo, 7U8 Smith, urged Council to abide by their original decision and proceed with the facility as designed. Bruce Lockhart, 25DO East Harmony Road, asked questions about the $1.7 million inspection contract and how the modification to fast tracking would I affect it. Barbara Allison, 1212 Lynnwood Drive, noted she was opposed to fast tracking since it was against Code requirements. She stressed the need for the project to be reviewed by Building Inspection. She noted complete approved plans should be on the site. Jack Luther, 729 North County Road q5, commended staff and the Parks and Recreation Board. He felt the design would benefit most of the community and that the City should proceed as planned with fast tracking in order to meet the December, 1986 completion date. Larry Hanford, 2924 Sagebrush, approved of fast tracking and recommended Council keep to the original decision. The vote on Councilmember Clarke's motion to modify the fast tracking proposal was as follows: Yeas: Councilmembers Clarke, Estrada, Knezovich, Uhlson, Rutstein, and Stoner. Nays: Councilmember Horak. THE MOTION CARRIED. -339- July 2, 1985 Executive Session Authorized ' Councilmember Clarke made a motion, seconded by Councilmember Knezovich, to adjourn into Executive Session to discuss legal matters. Yeas: Councilmembers Clarke, Knezovich, Rutstein, and Stoner. Nays: Councilmembers Estrada, Horak, and Uhlson. THE MUTIUN CARRIED. At the conclusion of the Executive Session, Council subcommittee and staff had reached a proceed with the SouthRidge Greens public adjourning to 4:UU p.m. on July 3 to consider issue. Adjournment Councilmember Horak stated the possible solution as to how to golf course. He suggested a Resolution dealing with the Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adjourn to 4:00 p.m. on July 3 to consider the Resolution with the Resolution and Agenda Item. Summary to be available to the public and press at 2:Uu p.m. Yeas: Councilmembers Clarke, Rutstein, and Stoner. Nays: Councilmembers Estrada, Horak, Knezovich, and Uhlson. THE MUTIUN FAILED. Councilmember Horak made a motion, seconded by Councilmember Knezovich, to reconsider the motion to adjourn to 4:UU p.m. on July 3, but to hand out the Resolution and Agenda Item Summary at the close of tonight's meeting with a clean copy available in the morning. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Uhlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 12:35 p.m. Assistant May ATTEST: City Cl -340-