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HomeMy WebLinkAboutMINUTES-05/31/1977-Adjourned' May 31, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, May 31, 1977 at 1:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Staff Members Present: Brunton, Lanspery, Kaplan, Case, Webber, Fierce, Thexton, Wood, Rodenbeck, Deibel, McGraw, Watson, and Lewis. Also: City Attorney Arthur E. March, Jr. Transfer of Fort Collins ' Loveland Airport From Mountain Air Inc. to Max Hoffman Approved Councilman Bowling asked to be excused from participation in the discussion or vote on this item. 1 City Manager Brunton stated that he had discussed this proposed transfer with the Airport Board and with Mr. Hoffman and it is their recommendation that the transfer be approved. Mr. Hoffman could not attend this meeting. Councilman St. Croix stated that since the last Council meeting, he had met with Mr. Hoffman and he (Max Hoffman) had provided an updated financial report and he would therefor recommend approval of the transfer. Councilman Wilkinson made a motion, seconded by Councilwoman Gray to approve the transfer of the Agreement from Mountain Air, Inc. to Max Hoffman and authorize the City Manager and City Clerk to execute the Agreement on behalf of the City. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. (Councilman Bowling out of room.) -164- Purchase of Damm Property on Remington Street Approved City Attorney March stated that the Council might want to talk about the preliminary parts of this proposed property acquisition in Executive session. Councilman Russell made a motion, seconded by Councilman Wilkinson to adjourn into Executive session to discuss property acquisition. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Following is the City Attorney's memorandum on this item. TO: Robert L. Brunton, City Manager. FROM: Art March, Jr., City Attorney DATE: May 19, 1977 RE: Acquisition of Damm Property for Remington Street Parking Lot --Downtown Improvements In accordance with directions from the City Council, I have commenced condemnation proceedings on the subject property. Maurie Nelson, the attorney for the Damms, and I have continued to negotiate pending the hearing date and we have agreed upon immediate possession and a deposit for immediate possession. Under this agreement the City will take possession of the property approximately June 1. The amount of the deposit on immediate possession which has been made was $45,000.00. This deposit was based upon the amount of the appraisal made by Jerry Moore. We also had an appraisal by Brad Beeler which was in the amount of $44,500.00. In the course of our negotiations, I indicated to Mr. Nelson that I felt the appraisal was very difficult to go above, particularly when there were two appraisals and we were offering the high. Nevertheless, I. did tell him I would recommend some additional payment,partly as nuisance value and partly to avoid the expenses of trying the lawsuit. As you know, the City will pay all costs, both our own and those of the property owners. In my experience,,,, this can be as much as $5,000.00. I indicated that I would.isupport a payment of approximately $1,500.00 over appraised value. Mr. Nelson has now made a firm offer to settle for the high appraisal plus $2,000.00. This would be a total price to be paid for the property of $47,500.00. Based on the square footage in the site, this would amount to $6.79 per square foot as opposed to Mr. Moore's appraisal at $6.50 per square foot. 1 -165- ' I do recommend to the City Council that they strongly consider the settlement proposal since I definitely feel there is no possibility of an award less than our high appraisal and the additional $2,000.00 will undoubtedly more than be spent in the costs and fees connected with the condemnation. I would appreciate this being on the next Council meeting so that we can get an answer to Mr. Nelson. Councilman Suinn made a motion, seconded by Councilwoman Gray to approve the purchase of the Damm property in the amount of $44,500.00. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Purchase of Christensen Property on LaPorte Avenue Approved Following is the City Attorney's memorandum on this item TO: Robert L. Brunton, City Manager 'FROM: Art March, Jr., City Attorney ' DATE: May 26, 1977 RE: Christensen Condemnation As you know, the Court recently held that the Christensen property should be valued for condemnation purposes as if it were in the BG zone. I feel that this ruling of the Court is in -error, but I question whether an appeal, even if successful, would be justified from a cost standpoint. I have discussed the matter further with Mr. Hill and he has made two proposi- tions to me at my request. The first proposition is a price based upon concluding the trial court proceedings on stipulated value in accordance with the Court's ruling, but preserving the City's right to appeal the validity of the Court's ruling. On this basis, Mr. Hill has offered to accept the sum of $36,500 as the value of the property, plus $2,184.48 as costs which have been incurred by the estate to date for expert witnesses and the like, plus rental loss at the rate of $125 per month from April 1, 1977. If the matter is settled without reserving the right to appeal, he will reduce the amount by $1,000. In either case, his proposal would reserve to the estate any per- sonal property on the premises which he defines as including the brick paving in front of the driveway. I If possible, I would like to include this matter on the Council Agenda for the adjourned meeting.on the 31st so that we can decide where the City is going from here. -166- Councilman Wilkinson made a motion, seconded by Councilman ' Bowling to approve the purchase of the Christensen property at $37,684.48 plus the rental loss at the rate of $125,00 per month from April 1, 1977, and reserving to the estate any personal property on the premises including the brick paving in front of the driveway. Yeas: Councilmembers Bowling, St. Croix, Suinn, and Wilkinson. Nays: Council - members Bloom, Gray, and Russell. Agreement Between the Fort Collins - Loveland Water District, the City of Fort Collins, the City of Loveland et al - Approved Councilman Bowling asked to be excused from participation or vote on this item. City Attorney March reviewed the terms of the proposed con- tract for water service to the Fort Collins - Loveland Airport. The City of Loveland is calling a special Council meeting to take action on the proposed agreement. The cities of Fort Collins and Loveland would receive 250 gallons per minute and would participate in 16.66% of the ' cost out of Airport funds. City Manager Brunton stated that without utilities, the land owned by these cities is not salable for industrial park purposes. Councilman Wilkinson made a motion, seconded by Councilman Russell to approve the proposed agreement subject to the final approval by the two City Attorneys and subject to Loveland's approval and authorizing the expenditure from Airport funds. Yeas: Councilmembers Bloom, Russell, St. Croix, and Wilkinson. Nays: Councilmembers Gray and Suinn. (Bowling out of room.) Other Business 1) City Manager Brunton stated that there had been a challenge to the City's waiver provision as applied to Parks and Recreation Programs in which the City and City employees are not held liable. City Manager Brunton stated that he would report back at a later date. -167- 2) Executive Session Authorized ' Mayor Bloom stated an executive session had been requested to make a selection of an interim City Manager. Council will discuss the procedure in open work session for a City Manager replacement, then adjourn to executive session to select an Acting City Manager until a new Manager is selected. 1 Councilman Wilkinson made a motion, seconded by Councilman Bowling to go into executive session for the purpose of discussing personnel. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. The meeting was adjourned at 2:00 P.M. ATTEST: Cit Cler `