HomeMy WebLinkAboutMINUTES-04/20/1982-RegularApril 20, 1982
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, April 20, 1982, at 5:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and
Wilmarth.
Absent: None.
Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Meitl, Harmon,
Wood, Mills, C. Smith.
Agenda Review: City Manager
'
City Manager Arnold noted the matter of the settlement with Hahn for the
Spring Creek Trail System would be considered under Other Business.
Councilmember Clarke asked that Item # 13, Hearing and First Reading of
Ordinance No. 47, 1982, Appropriating Funds in t e Genera Fun to e
tans erre to t e apita Projects un a withdrawn from the Consent
Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends
approval of the Consent Calendar. Anyone may request an item on this
calendar be "pulled" off the Consent Calendar and considered separately.
4. Consider approval of the minutes of the regular meeting of April
6, 1982.
5. Second Reading of Ordinance No. 37, 1982, Reappropriating 1981 Funds.
This Ordinance was unanimously adopted on First Reading on April
6.
'
As of December 31, 1981, there existed a Charter provision (Article V,
Section 10) whereby all appropriations unexpended or unencumbered at
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April 20, 1982
the end of the budget year lapsed to the applicable general or special
fund, with the exception of appropriations for capital projects and
federal or state grants which do not lapse until the completion of the
capital project or the expiration of the particular grant. Although
the appropriations do not lapse in the capital or grant fund, the
appropriations do lapse in the financing funds and need to be reappro-
priated. If these funds are not reappropriated, all affected pro-
jects/programs cannot be completed as scheduled.
Second Reading of Ordinance No. 38, 1982, Appropriating Unanticipated
Revenue in the Equipment Fund.
This Ordinance was unanimously adopted on First Reading on April 6 and
appropriates $40,282 to the Equipment Fund for the expenses of outside
vehicle repair.
Second Reading of Ordinance No. 39, 1982, Appropriating Unanticipated
Revenue in the Larimer County Community Development Block Grant
Fund.
1
This ordinance was unanimously adopted on First Reading on April 6 and
appropriates the $30,575 in the Larimer County CDBG Fund.
In September of 1980, the City of Fort Collins agreed to administer
a Housing Rehabilitation Program for Larimer County. Under this
program the City entered into a series of contracts with Crown Enter-
prises, a local contractor, for the purpose of rehabilitating several
houses. Crown Enterprises has gone out of business and the subcon-
tractors they engaged have filed mechanics liens on the houses that
were rehabilitated, totalling $30,575. HUD has authorized the payment
of amounts owed to the subcontractors using County CDBG funds and the
County has agreed to reimburse the City of Fort Collins for payments
to be made to these subcontractors.
Second Reading of Ordinance No. 40
Rights -of -Way in the Coach fight Plaza
1982, Vacating Easements and
This Ordinance was unanimously adopted on First Reading on April 6 and
is a request for vacation of all utility, drainage and lake easements
and rights -of -way dedicated on the Coachlight Plaza PUD, approved by
City Council in November, 1974. The applicant has recently replatted
this area to meet all requirements to conform to an amended PUD
approved by the Planning and Zoning Board on January 26, 1981.
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April 20, 1982
9. Second Reading of Ordinance No. 41, 1982, Authorizing the City Manager
to Enter into an Agreement for the Lease Purchase Vehicles and
-of
Equipment.
The adopted 1982 Budget includes approximately $200,000 to finance the
lease/purchase of approximately $800,000 of equipment needs. Lease/
Purchase financing was recommended by staff during Council budget work
sessions as an alternative to the City's past method of providing for
equipment needs.
The City solicited lease/purchasing financing proposals from approxi-
mately 26 firms. The bids were opened at 11:00 a.m. on Tuesday, April
6 and staff recommended the City enter into an equipment lease agree-
ment with Merit Financial Corporation at a fixed interest rate of
11.838%.
10. Second Readings of Ordinances Relating to the Repealing and Reenacting_
of the Land Development Gui ance System.
'
A. Second Reading of Ordinance No. 44, 1982, Repealing and Reen-
acting the Land Development Guidance System.
B. Second Reading of Ordinance No. 45, 1982, Relating to the Defi-
nition of Major Employment Center.
These Ordinances were unanimously adopted on First Reading on April
6.
The Land Development Guidance System was enacted on March 13, 1981
after extensive public hearing and scrutiny. The System was approved
with the condition that it be reviewed by the City Council approxi-
mately one year after that date and any changes would be made to the
System deemed necessary and proper after reviewing recommendations of
the Planning Division staff, the Planning and Zoning Board, and the
public.
11. Second Reading of Ordinance No. 42, 1982, Repealing Chapter 9, Article
V, Section 13, as it Relates to Campaign Expenditures.
Recently, the City Attorney presented information relating to two
Supreme Court rulings, the first in the case of Buckley vs. Valeo and
the second, the case of the Citizens Against Rent Control, et. al. vs.
' City of Berkley, California. As a result of this in ormation, t e
City Council expressed an interest in investigating the constitution-
ality of Chapter 9, Sections 13 and 15 of the City Code. The City
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April 20, 1982
Attorney has determined that Chapter 9, Section 13 which relates to
campaign expenditure limits is, in its entirety, unconstitutional.
This Ordinance would repeal §9-13 of the City Code and was unanimously
adopted on First Reading on April 6.
A second ordinance relating to the portion of Chapter 9, Section 15,
dealing with campaign contribution limits for issues was tabled to May
4 and will be considered at that time.
12. Second Reading of Ordinance No. 46, 1982, Approving the Downtown
Development Authority's Call for a Special Election Regar ing t e Is-
suance ot Bonds and the Irrevocable P e qe o Property ax Increments.
13
This Ordinance was unanimously adopted on First Reading on April 6 and
is a ratification of the call for election adopted by the Downtown
Development Authority. In the Ordinance are the necessary procedural
requirements for the election.
Hearin
Funds
uF n d-
and First Readin
n the General Fun
of Ordinance No. 47, 1982
to be Trans erred to the C
1
riating I
rojects
The 1982 General Fund budget has a capital reserve of $1,347,900 for
the design and construction of capital projects. All capital projects
with a completed conceptual design were rated using the Capital
Project Priority Process and submitted to City Council for their
consideration at the March 27 Budget Worksession.
The following projects were recommended for funding in 1982 from the
General Fund Capital Reserve.
Capital Projects Fund
Lee Martinez Restrooms $ 38,300
Off Street Parking -Downtown 106,500
Contingency for Pool
(Specific action to be determined
at a later date.) 100,000
City's Matching share for Transfort
Expansion Grant 125,000
TOTAL $369,800
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April 20, 1982
14. Hearing and First Reading of Ordinance No. 48, 1982, Appropriating
Unanticipated Revenue in the Intergovernmenta Personnel Act IPA
Grant Fund.
This ordinance appropriates the $6,777 in unexpended grant funds and
interest earnings in the IPA Grant Fund. Failure to appropriate this
amount would result in a failure to meet the grant stipulation for
return of unexpended funds and in a failure to follow proper proce-
dures for interest earnings in grant funds.
15. Hearing and First Reading of Ordinance No. 49, 1982, Appropriating
Unanticipated Revenue in the General Fund.
The City has a contractual arrangement with First Interstate Bank
whereby citizens may pay City utility bills at the bank.
This ordinance appropriates the $2,100 in computer rental income from
First Interstate Bank to offset the expense of providing an additional
computer terminal and an Optical Character Reader for the bank's
use.
The amount of the lease ($175.00/month) is being paid to the City by
the bank. This revenue and expense was not anticipated at the time the
1982 Budget was adopted.
16. Hearing and First Reading of Ordinance No. 50, 1982, Appropriating
Prior Year Reserves and Unanticipated Revenue in t e Pension Reserve
Fund.
This ordinance authorizes the transfer of $263,195 from the Pension
Reserve Fund to the General Fund. Future General Fund pension unfunded
liability expenses will be financed from General Fund revenue. Failure
to transfer these resources would require budgeted General Fund
resources to cover this expense in 1982 and maintain the Pension
Reserve Fund which is no longer necessary.
17. Hearing and First Reading of Ordinance No. 51, 1982, Rezoning Property
Known As Falr roo e.
This is a request to rezone 35.9-ac, located south of Prospect Street
and approximately 1/2-mile west of Taft Hill Road. The property is
presently zoned T-Transitional (since 1978), a zoning district which
has no permitted land uses. Applicants are requesting the R-P, Planned
Residential, zoning designation for the property.
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April 20, 1982 '
18. Hearing and First Reading of Ordinance No. 52, 1982, Rezoning P
Known as Oak Ridge.
This is a staff -initiated rezoning request to eliminate certain
conditions placed on the R-P zoned area located on the southeast
corner of the intersection of Harmony Road and Lemay Avenue. The
requested change of zoning is to eliminate the conditions placed on
the R-P portion (155-ac) pursuant to Ordinance No. 112-80, restricting
the use of the property to a maximum of eight dwelling units per acre
and requiring that the commercial allotment not be allowed in this
zone.
19. Hearing and First Reading of Ordinance No. 53, 1982, Rezoning Property
Known As 3820 Southounty oa
The applicants are seeking to rezone a 2.62-ac parcel of land from its
existing T-Transition zone to R-L-P, Low Density Planned Residential.
The site is located at 3820 South County Road 11 (Timberline Road).
20. Resolution Authorizing the City Manager to Enter into an Agreement
with are- - an to provide Transportation Services to the City.
Care -A -Van provides transportation services to the disabled, elderly, '
and economically disadvantaged persons and this service complements
the City transportation system. This contract provides for continued
Care -A -Van service for the City of Fort Collins during the year 1982.
Care -A -Van is also eligible for funding reimbursement from federal
Section 5 and Section 18 monies. This contract also covers the
transfer of these monies to Care -A -Van for their share of reimburse-
ment upon receipt by the City of these funds. This is the standard
contract which has been renewed yearly.
21. Resolution Authorizing the City Manager to Enter into Agreements for
t e Purpose o nsta ing a Ra io epeater Station or use y the
a ter tt ity in t e oe riq t eservoir is iaan Ditch area.
The Water Utility is in the process of improving and expanding its
communication ability in connection with our high mountain operations.
Funds were budgeted in 1981 and again in 1982 for these improvements.
One of the steps in this work is a standard lease agreement with the
State Land Board for a radio repeater site.
22. Resolution Approving An Intergovernmental Agreement With The South
ort o ins Sanitation District And -The Fort Coll ins -Loveland Water
District, And Appointing Two Members of Council To The Steering
On February 16, 1982, the Council approved an initial agreement with '
the Fort Collins -Loveland Water District and South Fort Collins
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April 20, 1982
Sanitation District. The initial agreement was done in a letter -form.
The purpose of this Resolution and proposed Intergovernmental Agree-
ment is to more specifically lay out the points agreed upon in the
letter approved on February 16, 1982 and to commit these points to a
formal Intergovernmental Agreement. In addition, the Resolution would
appoint two members of Council to the Steering Committee to work on
this project.
23. Appeal of Zoning Board of Appeals Decision (ZBA #1305).
On April 6, 1982, Council tabled this item to April 20 at the request
of the petitioner.
The petitioner has since then submitted a letter requesting that
the item be withdrawn from consideration at this time.
24. Resolution Authorizin
Agreement Between M
tric Association. Inc.
the City Manager to Enter into a Joint -Use
of Fort Collins and Pou re Val ley Rura E ec-
' This Agreement is a companion agreement to the facilities transfer
Agreement with Poudre Valley REA which was approved by Council at the
April 6, 1982 meeting. This Agreement prescribes the conditions under
which the parties agree to share common facilities to achieve economic
benefits and to avoid conflicts and duplication of facilities.
Although a routine agreement, it requires Council approval since it is
intergovernmental in nature.
25. Request for Approval of Blue Angels Air Show at Fort Collins/Loveland
Airport.
The Loveland Sertoma Club has requested the use of the Fort Collins/
Loveland Airport during the weekend of July 10 and 11 for the second
annual Rocky Mountain Air Show. The City Councils of Fort Collins and
Loveland must approve the request since this is a major air show that
will require closure of the Airport for approximately 6 hours both
days.
26. Routine Easement for Sprinq Creek Trail.
The City has negotiated a grant and dedication of easement from Joe
Rothmeier for storm drainage and bicycle/pedestrian path needed in
connection with the Spring Creek Trail system. The easement is
located north of the Prospect and Timberline intersection and is the
final parcel needed for the Mulberry to Prospect segment of the trail
project. Construction is scheduled for summer. The easement was
acquired for a consideration of $10.
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April 20, 1982
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item # 5. Second Reading of Ordinance No. 37, 1982, Reappropriating 1981
Funds.
Item # 6. Second Reading of Ordinance No. 38, 1982, Appropriating Un-
anticipated Revenue in the Equipment Fund.
Item # 7. Second Reading of Ordinance No. 39, 1982, Appropriating Un-
anticipated Revenue in the Larimer County Community Development
Block Grant Fund.
Item # 8. Second Reading of Ordinance No. 40, 1982, Vacating Easements
and Rights -of -Way in the Coachlioht Plaza PUD.
Item # 9. Second Reading of Ordinance No. 41, 1982, Authorizing the City
Manager to Enter into an Agreement for the Lease/Purchase o
Vehicles and Equipment.
Item # 10. Second Readings of Ordinances Relating to the Repealing and
Reenacting of the Land Development Guidance System.
A. Second Reading of Ordinance No. 44, 1982, Repealing and
Reenacting the Land Development Guidance System.
B. Second Reading of Ordinance No. 45, 1982, Relating to the
Definition of Major Employment Center.
Item # 11. Second Reading of Ordinance No. 42, 1982, Repealing Chapter 9,
Article V, Section 13, as it Relates to Campaign Expenditures.
Item # 12. Second Readinq of Ordinance No. 46. 1982. ADDrovinq the Down-
negaroinq the issuance or uonas ana the irrevocaDie rieage or
vroperty iax increments.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item # 13. Hearing and First Reading of Ordinance No. 47, 1982, Appro-
priating Funds in the General Fund to be Transferred to the
Capital Projects Fund.
Item # 14. Hearing and First Reading of Ordinance No. 48, 1982, Appro-
priating Unanticipated Revenue in the Intergovernmenta Per-
sonnel Act rant Fund.
m
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April 20, 1982
Item #
15.
Hearing
and First Reading of
Ordinance No.
49, 1982, Appro-
priating
nanticipate Revenue
in t e enera
un .
Item #
16.
Hearing
and First Reading of
Ordinance No.
50, 1982, Appro-
priating
Prior Year Reserves
an Unanticipated Revenue in the
Pension Reserve Fund.
Item #
17.
Hearing
and First Reading of Ordinance No. 51,
1982, Rezoning
Property
Known As airbroo e.
Item #
18.
Nearing
and First Reading of
Ordinance No. 52,
1982, Rezoning
P rnnc rtv
ICnnwn x � D. ....
Item # 19. Hearing and First Reading of Ordinance No. 53, 1982, Rezonin
Property Known As 3820 South County Road 11.
Councilmember Elliott made a motion, seconded by Councilmember Knezovich,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves
and Wilmarth. Nays: None.
' THE MOTION CARRIED.
Ordinance Appropriating Funds in the General Fund
to be Transferred to the Capital Projects Fund,
Adopted on First Reading
Following is the staff's memorandum on this item:
"The 1982 General Fund budget has a capital reserve of $1,347,900 for the
design and construction of capital projects. All capital projects with a
completed conceptual design were rated using the Capital Project Priority
Process and submitted to City Council for their consideration at the March
27 Budget Worksession.
The following projects were recommended for funding in 1982 from the
General Fund Capital Reserve.
Capital Projects Fund
Lee Martinez Restrooms $ 38,300
Off Street Parking -Downtown 106,500
Contingency for Pool
(Specific action to be determined
at a later date.) 100,000
' City's Matching share for Transfort
Expansion Grant 125,000
TOTAL $369,800 "
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April 20, 1982
Councilmember Clarke asked why lease/purchase would not be a viable option
for the entire project including the $76,500 for improvements plus the
$106,500 to acquire the Union Pacific property on Jefferson Street.
City Manager Arnold replied that the Parking Commission had investigated
lease/purchase and concluded it would not work on the full acquisition and
improvements. The Parking Commission brought their recommendation back to
Council and Council then, at the March 27 work sessio;i as part of the
Capital Priority process, decided to follow their recommendation. He added
the Parking Commission intends to have leases in hand before going ahead
with the acquisition price.
Councilmember Clarke asked how the $100,000 figure for pool contingency was
determined.
City Manager Arnold replied it was his understanding the pool committee had
suggested a $94,000 figure which had been rounded to $100,000.
Councilmember Clarke made a motion, seconded by Councilmember Reeves,
to adopt Ordinance No. 47, 1982 on First Reading. Yeas: Councilmembers
Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays:
None.
THE MOTION CARRIED.
Ordinance Authorizing the Transfer of Appropriations
from the Streets Capital Contingency to the Mason/Howes
One -Way Couplet Project, Tabled until Transplan study
is completed
Following is the staff's memorandum on this item:
"As part of the 1982 Annual Appropriations Ordinance, $250,000 was appro-
priated in the Streets Capital Contingency for possible future funding of
the Mason/Howes One -Way Couplet Project. This project has been rated using
the Capital Project Priority Process and reviewed by City Council at the
March 27 Budget 'Worksession.
This ordinance authorizes the transfer of $250,000 from Streets Capital
Contingency to the Mason/Howes One -Way Couplet Project so that this project
can proceed. If this ordinance is not approved, the Mason/Howes One -'clay
Couplet would not be constructed at this time and the $250,000 would remain
in the Streets Capital Contingency."
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April 20, 1982
City Manager Arnold noted he was hesitant to talk about this project as no
one had reviewed it in any kind of depth. He added the final design
plans would be completed in 4-6 weeks and suggested the item be tabled
until Council has an opportunity to review the plans.
Councilmember Knezovich stated he felt more information was needed speci-
fically as to how the project will affect several major intersections.
Councilmember Clarke made a motion, seconded by Councilmember Reeves,
to table Ordinance No. 54, 1982 on First Reading until the Transplan study
is completed and to have the issue scheduled for a work session prior to
formal consideration. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich and Reeves. Nays: Councilmember Wilmarth.
THE MOTION CARRIED.
City's General Purpose Financial Report and
Auditor's Opinions for the 1981 Audit. Received
Following is the staff's memorandum on this item:
"The 1981 General Purpose Financial Report is being sent to Council under
separate cover.
Council needs to formally receive the report and discuss the audit findings
at a later date after reviewing the report.
The Finance Committee will review the audit report as soon as a meeting can
be scheduled."
Controller Jim Harmon noted the document had been prepared by the City's
Accounting staff. He noted Mr. Dick Spillman and 2 members of his staff
were present to answer any questions Council might have. He added the
Auditor's management letter and the responses were included and stated the
Finance Committee will review the statement after April 28. The Compre-
hensive Annual Financial statement will be ready for review in 20-30
days.
Councilmember Reeves asked if staff and the auditors thought the March 31
deadline was a realistic one as opposed to 30 days later.
Mr. Dick Spillman of Erickson, Hunt and Spillman, P.C., replied that from
an auditor's standpoint another 30 days would be appropriate and justified.
' Mr. Harmon replied staff would appreciate another 30 days to prepare the
statement.
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April 20, 1982 '
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to receive the document. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Resolution Appointing Councilmembers to Various
Committee Assignments, Adopted as Amended
Following is the staff's memorandum on this item:
"The attached Resolution appoints Councilmembers to various committee
assignments and also appoints representatives to organizations of which the
City is a member.
Councilmembers each completed a committee assignment preference form, and
the assignments are based as nearly as possible on the individual members'
choices.
The terms of appointment to these assignments are indefinite." '
Councilmember Elliott asked if it would be appropriate to include the name
of Bill Carnahan as the City's second Platte River Power Authority repre-
sentative.
Councilmember Wilmarth pointed out this Resolution dealt only with the
appointment of Councilmembers to various committees and that many staff
members held membership on other committees and are appointed by separate
Resolution.
Councilmember Clarke noted he felt the title of the Care-A-Van/City Con-
solidation of Services Committee should be changed to Care-A-Van/Transfort
Services Committee to better reflect its current scope.
Councilmember Wilmarth made a motion, seconded by Councilmember Knezovich,
to amend the Resolution as described by Councilmember Clarke. Yeas:
Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and
Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Clarke made a motion, seconded by Councilmember Elliott,
to adopt the Resolution as amended. Yeas: Councilmembers Cassell, Clarke,
Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. I
THE MOTION CARRIED.
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April 20, 1982
City Manager's Report
City Manager Arnold called Council's attention to the report by the League
of Women Voters on the questionnaire distributed to the town hall partici-
pants.
Councilmembers' Reports
Councilmember Reeves reported on the Airport Ad Hoc Committee, noting the
Committee had approved the Airport Minimum Standards and forwarded them to
the Loveland City Council and the Fort Collins City Council for their
approval.
Councilmember Horak reported there would be a Council of Governments
meeting on Thursday, April 22, in Fort Collins. He added the Metropolitan
Planning Organization was finally designated by the Governor the previous
week. Additionally, the Poudre Study Committee will meet on April 29 to
continue examination of the work being done by the consultant.
Councilmember Elliott reported there had been a Poudre Fire Authority work
session to review the 1982 and 1983 budgets. He announced there would be a
training session April 21-23 behind the Old Power Plant. The session will
cover different methods of handling propane.
Resolution Authorizing the Sale of Unit 1,
Corner Church Condominiums, Adoated
Following is the staff's memorandum on this item:
"On March 9, 1982, the Council approved a course of action whereby the City
would acquire the interest of Home Federal Savings and Loan Association of
the Rockies in the Corner Church Condominiums which were constructed by
Stanley L. Klemetson through funding in part made available through the
Grants Administration Office of the City. This approved course of action
further involved the -retirement of the Home Federal Construction Loan as
well as an additional loan made by the Grants Administration Office to
complete the construction of the condominiums. Upon retirement of these
loans, the City received a Warranty Deed from Stanley L. Klemetson con-
veying the three remaining unsold condominium units to the City in fee
simple. This course of action has been followed and the condominiums are
presently held in the name of the City of Fort Collins.
I
The Grants Administration Office is embarking upon a campaign to market
these three condominium units at a price which will compensate the City for
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April 20, 1982
all funds which the City has invested in these units. Pursuant to this
campaign, the three -bedroom, garden level unit has been priced at a
purchase price of $50,000 and the two -bedroom, above ground units are
priced at $48,000 each. A purchaser has been found for the three -bedroom,
garden level unit at the purchase price of $50,000 and an agreement for
the sale and purchase of real estate has been executed between the pur-
chaser and the City contingent upon Council approval of said sale. As was
discussed with the Council in work sessions and at an executive session,
the City has attempted to develop a financing package which will encourage
the purchase of these units by low income families who intend to reside on
the premises. Accordingly, the City is offering a financing package
involving downpayments of 5%, with the balance to be financed over a period
of thirty years at the rate of 5% per annum. This package further requires
that the units be owner -occupied and that the Deeds of Trust securing the
loans contain "due on sale" clauses. At the above -stated purchase price,
and with the described financing package, Linda Koschene has agreed to
purchase unit 1 of the Corner Church Condominiums and the staff would
recommend approval of this purchase.
The recommended financing package of 5% down and 5% interest has substan-
tially increased the marketability of these condominium units and will
allow them to be sold quickly at a price that will recover the City's
investment."
Councilmember Horak asked if the purchaser met the criteria to purchase
this unit and if the 5% figure had been agreed to by Council.
City Manager Arnold replied it was his understanding that the financing
arrangements had been discussed in Executive Session and Council had
directed staff to proceed along these lines. He added that the purchaser
met the low to moderate income definition and that the units be owner -
occupied. The income criteria is 80% of the median family income of
$16,240.
Councilmember Clarke expressed concern about the 5% interest rate. He
stated he felt the City should be getting the same return on this invest-
ment as it does on its other investments.
Director of Planning and Development Curt Smith replied that this was
Community Development Block Grant money and the interest rate the City
currently receives on CDBG loans is 3%. He added that rate will soon be
changed to a variable rate based on income levels but would remain at 3%
for those loan programs for persons earning less than 80% of the median
income.
'
April 20, 1982
Councilmember Wilmarth expressed his concern about the length of the loan
and suggested having the amortization based on a 5% - 30 year amortization,
which is a subsidy, but have it due in 10 years on a balloon basis. He
asked if the City was going to require a tax and insurance escrow.
City Attorney Huisjen noted the terms of the Deed of Trust require 1/12 of
the taxes be paid each month. The insurance is collected through the
Condominium Association.
Curt Smith commented on the length of the loan, noting he felt the purpose
of the "due on sale" clause would accomplish the same goal a 10-year
balloon would.
Councilmember Horak asked how the units had been advertised.
Curt Smith replied that several realtors had been contacted and several
banks and other organizations. Word of mouth was the main vehicle for
spreading the word.
Councilmember Horak asked staff to make sure the total community knows of
this opportunity. He then asked what the income criteria were.
Curt Smith replied it was based on annual income and assets, but primarily
annual income.
Councilmember Horak asked for additional information and history on the
next purchaser to make sure the person who qualified was not just having a
bad year.
Councilmember Elliott made a motion, seconded by Councilmember Clarke,
to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Citizen Participation
A. Proclamation Naming April 22 as Girl Scout Leader's Day will be pre-
sented to appropriate persons.
B. Proclamation Naming April 28 as Nursing Home Residents' Day was ac-
cepted by Pete McWilliams, representing the Concerned Relatives and
Friends of Nursing Home Residents and Don Haldeman, Four Seasons
Nursing Home.
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April 20, 1982
C. Proclamation Naming May 9-15 as Small Business Week was accepted by
John Kramb, business counselor coordinating Small Business Week for the
Small Business Council of the Chamber.
D. Presentation of Certificates of Appreciation to David Hernandez
and Ted Alvin Kuck for Assistance to Fort Collins Police Department.
Chief Ralph Smith aided Mayor Cassell in presenting the Certificates of
Appreciation to these two young men.
Closure of South Lemay Avenue
Following is the staff's memorandum on this item:
"In regard to Council's consideration of the issue to close South Lemay,
staff offers the following comments for Council's information.
- The portion of South Lemay involved is presently an unimproved narrow
two-lane gravel road which is on top of the Warren Lake dam.
- Currently the average traffic volume is 1500 vehicles per day which is
approximately three times the acceptable level for a gravel road.
- The project which will fully improve this portion of South Lemay
is scheduled for design in 1982, R.O.W. acquisition in 1983, and con-
struction in 1984.
- At the February 16th Council meeting, residents expressed their concerns
about the safety hazard that the road poses to both vehicles and pe-
destrians. In response to Council directions given at that time staff
has restricted truck traffic, increased maintenance efforts, posted a 15
mph speed limit, and increased police patrol on this portion of South
Lemay. Staff is also investigating construction of a pedestrian -bike
path which would provide safe access around the dam to Warren Park.
- The Police Department feels that the closure of South Lemay would
increase the response time for emergency vehicles responding to calls
south of Warren Lake, therefore, they recommend leaving South Lemay
open.
- The closure would undoubtedly cause some additional traffic to be
routed through the Landings development to the west. This traffic
would be routed over essentially residential streets not designed
for such use. We cannot predict with any reasonable degree of certainty
how much traffic might increase.
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April 20, 1982
If, after hearing the public's input, Council decides to close South Lemay,
staff will install signs and barricades and take necessary actions to
enforce the closure." ,
The following persons spoke in opposition to the closing of South Lemay
Avenue south of Horsetooth:
1. Dr. Steven Thorson, 637 Skysail Lane, representing the Landing
Homeowners Association.
2. Dan Ward, Breakwater Drive.
3. Barbara Alder, 701 Breakwater Drive.
4. Charlene O'Dell, 624 Skysail Lane.
5. Jack Schade, 506 Spinnaker Lane.
6. Dennis Donovan, 312 Bowline Ct., vice president of Osprey Homes.
7. Nancy Holmquist, 906 Breakwater Drive.
8. Rob Mygatt, 918 Sandy Cove Lane, secretary of Whalers Cove Asso-
ciation.
9. Gifford Preston, 4605 Couth County Road 9.
10. Larry Moore, Golden Meadows resident and representing Medema
Homes.
11. Greg Kaesik, general manager Medema Homes.
12. Lynn Merriam, Warren Shores resident.
The following supported the closing of that portion of South Lemay Avenue:
1. Jane Crabtree, 1100 Monticello Court.
2. Carla Gaines, 1412 Ticonderoga.
At the conclusion of the public hearing, Councilmember Wilmarth stated he
felt one more work session was needed to explore the concept of improvement
districts and other solutions to this problem.
Councilmember Reeves noted she felt the City should put in a trail for
bikes and pedestrians to the golf course area. She added she felt it was
not a good idea to close the road and asked for signs banning bikes and
pedestrians on the road.
Councilmember Reeves made a motion, seconded by Councilmember Elliott,
to direct staff to begin the acquisition of land and construction of the
bike/pedestrian path along the edge of the golf course and to leave South
Lemay open. Yeas: Councilmembers Elliott, Reeves and Cassell. Nays:
Councilmember Horak, Clarke, Knezovich and Wilmarth.
THE MOTION FAILED.
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April 20, 1982
Councilmember Clarke made a motion, seconded by Councilmember Wilmarth,
to direct staff to work on alternatives to get bikes and pedestrians off
South Lemay, to pursue cooperation with developers in the area, to inves-
tigate the improvement district concept, to pursue acquisition of addi-
tional right-of-way for the construction of a temporary bike/pedestrian
path and the eventual improved road, to leave South Lemay open and to bring
the issue to a future work session before formal consideration of the
issue. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich,
Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Councilmember Knezovich suggested the motion would help to accelerate the
construction schedule which he favored.
Councilmember Horak encouraged Council to take an active role with staff to
establish a forum to solve this problem before another public hearing is
held on this issue.
Other Business '
Hahn Property Easement
Mayor Cassell noted there was a proposed settlement with Jack Hahn where
the trail system crosses Lemay. The agreement calls for consideration for
his easement including damages of $10,000 and other considerations of
$1,430 or a total of $11,430. The appraisers estimate is $10,008. A yard
light and a 14' driveway trail access will be included at an additional
cost of $4,100.
Councilmember Wilmarth made a motion, seconded by Councilmember Elliott,
to accept the agreement with Jack Hahn. Yeas: Councilmembers Cassell,
Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
Ethics Committee Meeti
Councilmember Elliott reported the Ethics Committee, consisting of Mayor
Cassell, Councilmember Clarke and himself had met to consider Councilmember
Horak's request relative to his minor financial interest in a company doing
business with the City. He noted the Committee determined Councilmember
Horak does in fact have an interest in a company doing business with the
City since he owns more than 0%. Based upon Resolution 81-151, estab-
lishing the Ethics Committee, the Committee made the following findings:
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April 20, 1982
I. Councilmember Horak did disclose and amend his financial statement
at the time he purchased stock in this company.
2. Councilmember Horak does not have sufficient financial interest in
the company to determine the outcome of any decisions and the .
interest is passive in nature.
3. As a recommendation to Councilmember Horak, the Committee sug-
gested he resign his position on the Board of Directors.
Mayor Cassell noted the portion of the minutes of this meeting showing the
findings of the Ethics Committee will be made a part of a permanent file of
Ethics Commitee opinions to be maintained in the City Clerk's file.
Nuclear Freeze Issue
Councilmember Horak asked the City Attorney to report on his findings and
recommendations regarding the petition submitted to him for his review.
' City Attorney Huisjen replied he had reviewed two petitions. The first was
not in ordinance form as required by the Charter. He added it was his
opinion that the second, while being in ordinance form, was not the subject
of an ordinance since it does not fall within the subject of general
legislation that is within the legislative powers or intent of the City of
Fort Collins.
Adjournment
Councilmember Horak made a motion, seconded by Councilmember Knezovich,
to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott,
Horak, Knezovich, Reeves and Wilmarth. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:00 p.m.
ATTEST:
I . -"
C� City C Clerk
Mayor
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