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HomeMy WebLinkAboutMINUTES-09/21/1982-RegularSeptember 21, 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, September 21, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None Staff Members Present: Arnold, Krajicek, Huisjen, Denton, Lewis, Ron Wood, Hays, Griep, Osborne, Curt Smith, Waido, Krempel, Frazier Agenda Review: City Manager Councilmember Knezovich asked that Item #11, Second Reading of Ordinance No. 105, 1982, Appropriating Unanticipated Revenue in the Community Devel- opment Block Grant Fund, be removed 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. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #28, 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 by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 4. Consider Approving the Minutes of the regular meeting of September 7, 1982. 5. Second Readings of Ordinances Annexing and Zoning Vine -LaPorte -Taft Second Annexation. ' A. Second Reading of Ordinance No. 93, 1982 Annexing Property Known As The Vine -Laporte -Taft Hill Second Annexation. -427- September 21, 1982 This Ordinance was unanimously adopted on First Reading on August 17 and is an application for the annexation of a 22.7465-.ac parcel located south of Vine Drive, north of Laporte Avenue, and west of Taft Hill Road. One hundred percent of the owners of the proper- ties under petition have agreed to the annexation and zoning. The necessary 1/6th contiguity for annexation is achieved for all the property. B. Second Reading of Ordinance No. 94, 1982 Zoning Property Known As Vine -Laporte -Taft Hill Second Annexation. This Ordinance was unanimously adopted on First Reading on August 17 and is an application to seek zoning to R-L-P, Low Density Planned Residential, of a 22.7465-ac parcel (First Annexation), located west of Taft Hill Road, north of LaPorte Avenue and south of Vine Drive. One hundred percent of the owners of the properties under petition have agreed to the zoning. 6. Second Reading of Ordinance No. 96, 1982, Appropriating Unantici ated Revenue in the Larimer County Community Development Block Grant Fund. This Ordinance was unanimously adopted on First Reading on September 7 ' and appropriates a total of $3,965 in the Larimer County Community Development Block Grant Fund as follows: Reimbursement from County for rehabilitation work done on the Dean Property at 241 North Sunset: $ 900.00 Loan payback from Robert Dean: 3,065.00 $3,965.00 7. Second Reading of Ordinance No. 97, 1982, for Addition of a Municipal Court Computer Interface to the Police POSSE System. This ordinance was unanimously adopted on'First Reading on September 7 and appropriates $7,570 of prior year reserves in the Revenue Sharing Fund for transfer to the General Fund for expenditure in 1982 to utilize the capabilities of the Police POSSE System by providing a Municipal Court Computer Interface. 8. Second Readings of Ordinances Relating to the Salaries of the City Attorney and Municipal Judge. A. Second Reading of Ordinance No. 98, 1982, Fixing the Salary of the I Ci ty Attorney. -428- 61 September 21, 1982 B. Second Reading of Ordinance No. 100, 1982, Fixing the Salary of the Municipal Judge. On August 24, City Council met in Executive Session to conduct the evaluations of the City Attorney and Municipal Judge. These two Ordinances were unanimously adopted on First Reading on September 7 and set the salary of the City Attorney at $40,000 and the Municipal Judge at $41,200. The effective date of these Ordinances is January 1, 1983. Second Readings of Ordinances Relating to the Issuance of Sewer Revenue Bonds in the Aggregate Principal Amount of $2,200,000 and Dated uctober 1, 1982. A. Second Reading of Ordinance No. 101, 1982, Authorizing the Is- suance of Sewer Revenue Bonds in the Aggregate Principal Amount of $2,200,000 and Dated October 1, 1982. B. Second Reading of Ordinance No. 102, 1982, Appropriating Monies in the Sewer and Capital Projects Funds. These two ordinances were unanimously adopted on First Reading on September 7. The Sewer Revenue Bonds will be used to finance the City's share of the Sludge Management Facilities. The Net Proceeds are $1,819,000; the balance of the proceeds will be used to establish a Reserve Fund in the amount of $330,000 and pay for Costs of Issuance of $51,000. 10. Second Reading of Ordinance No. 104, 1982 Making Revisions to Ordi- nance No. - 2, Known As the Land Development Guidance System. This ordinance was unanimously adopted on First Reading on September 7 and is a staff -initiated request to amend certain portions of the Land Development Guidance System. 11. Second Reading of Ordinance No. 105, 1982, Appropriating Unanticipated Revenue in the Community Development Bloc Grant und. This ordinance was unanimously adopted on First Reading on September 7. The Community Development Block Grant (CDBG) program is an ongoing grant administration program funded from the Department of Housing and Urban Development (HUD). The City of Fort Collins is an Entitlement ' recipient in HUD's CDBG program and will secure $700,000 for FY 1983. -429- September 21, 1982 12. Second Reading of Ordinance No. 106, 1982, Authorizing the Issuance of Bond Anticipation Notes in the Aggregate Principal Amount of ,3 0 for the Purpose o Acquisition and Construction of a Municipal Golf Course. This sales tax anticipation notes ordinance which was unanimously adopted on First Reading on September 7 is a necessary step in order to implement the Bucain proposal which was presented to Council at a Work Session. Additionally, the City Attorney's Office and staff of the City have negotiated an agreement with the Bucain Corporation which will control the relationship between the parties for the 25-year period. Generally the proposal is that the City, upon receipt of a gift of land sufficient to construct a golf course, issue sales tax antici- pation notes to finance the construction of the golf course, leasing the golf course to the Bucain Corporation or another corporation for a period of 25 years. During the initial six years, the lease payments to the City would be sufficient to retire the principal and the interest of the bond proceeds. Subsequent to that time, the City would lease the golf course on a percentage of the gross income of the ' course. 13. Hearing and First Reading of Ordinance No. 107, 1982, Amending the Code as it Pertains to the Public Library. This ordinance is to revise Chapter 71, Article I of the Code of the City of Fort Collins as it pertains to the Public Library. The revisions were requested by the Public Library Board to concur with the Charter revision of Article XX approved by the voters in the election of April 5, 1977, and to conform with current practices. 14. Hearing and First Reading of Ordinance No. 108, 1982, Transferring $35,000 from Minor Streets Capital to the Lemav and Horsetooth Median This Ordinance authorizes the transfer of $35,000 from Streets Minor Capital to the Lemay and Horsetooth Median Project. The im- provements for the medians on Horsetooth will consist of a high level of landscaping and installing a drip irrigation system. The improvements for the medians on Lemay will consist of finishing the landscaping and placing a lower level of maintenance median cover. A water tap is not available to the Lemay medians, therefore, the landscaping will have to be designed with plants requiring minimum watering. The total project has been estimated to cost $35,000. ' -430- I September 21, 1982 15. Hearing and First Reading of Ordinance No. 109, 1982, Appropriating Unanticipated Revenue in theCapital Projects Fund. On September 7 Council adopted a Resolution which authorized the filing of an amendment to the Section 3 Grant under the Urban Mass Transportation Act of 1964, as amended. This amendment provides an additional $200,000 in Federal monies for Transfort capital improve- ments, with local matching funds of $50,000 required. Based upon previously authorized grant amendments $19,746 is currently appropriated and available in the Capital Projects Fund to be used for the required match. The remaining $30,254 is currently appro- priated and available in the General Fund. This Ordinance appropriates the federal grant and matching monies needed totalling $230,254 in the Capital Projects Fund. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Second Readings of Ordinances Annexing and Zoning Vine -LaPorte - Taft Second Annexation. ' Item #6. Second Reading of Ordinance No. 96, 1982, Appropriating Unantici- pated Revenue in the Larimer County Community Development Block Grant Fun . Item V . Second Reading of Ordinance No. 97, 1982, for Addition of a Municipa Court Computer Inter ace to the Police POSSE System. Item #8. Second Readings of Ordinances Relating to the Salaries of the rity �ttnr nnv anA mu rinn n.lne Item #9. Second Reading of Ordinances Relating to the Issuance of Sewer Revenue Bonds in the Aggregate Principal Amount of $2,200,060 and Dated October ,T98 . Item #10. Second Reading of Ordinance No. 104, 1982, Making Revisions to Ordinance No. 4-8 _ Known ac tha I anri nova nnmant r,uirlanra System. Item #11. Second Reading of Ordinance No. 105, 1982, Appropriating Unanti- cipated Revenue in the Community Development Block Grant Fund. Item #12. Second Reading of Ordinance No. 106, 1982, Authorizing the Issuance of Bond Anticipation Notes in the Aggregate Principal ' Amount of $3, 00,000 for the Purpose of Acquisition and Con- struction of a Municipal Golf Course. -431- September 21, 1982 t Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. Hearing and First Reading of Ordinance No. 107, 1982, Amending the CodF as it Pertains to the Public Library. Item #14. Hearing and First Reading of Ordinance No. 108, 1982, Trans - erring rom inor Streets Gapital to the Lemay an Horsetooth Median Project. Item #15. Hearinq and First Readinq of Ordinance No. 109, 1982 Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Ordinance No. 99, 1982, Fixing the Salary I of the City Manager, Adopted Following is the staff's memorandum on this item: "On August 24, City Council met in Executive Session to conduct the evalua- tion of the City Manager. This Ordinance was adopted on First Reading on September 7 by a 6-1 vote and sets the salary of the City Manager at $60,000. The effective date of the Ordinance is January 1, 1983." Councilmember Wilmarth estimated that from the information he had been provided, City Manager Arnold's total compensation, including fringe benefits, would be approximately $77,400. He expressed his concern that the City Manager's salary increase was effective January 1, 1983 when the other City employees may not receive increases until July, 1983. He noted he felt all City employees should be treated equally in that regard. City Manager Arnold reviewed the three options for implementing the 1983 Pay Plan if funds are available: 1. Implement a Pay Plan that says 5% is the maximum for all personal services costs for permanent employees. -432 I September 21, 1982 2. Implement the Pay Plan in July with the $300,000 in the 1983 Budget at this time. 3. Develop the upper third Pay Plan by March, compare the actual revenues and expenditures for the end of 1982 and the first quarter of 1983, and then decide when the Pay Plan could be implemented based on savings and revenue projections at that time. Councilmember Reeves made a motion, seconded by Councilmember Knezovich, to adopt Ordinance No. 99, 1982, Fixing the Salary of the City Manager. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Ordinance No. 103, 1982, Providing for the Creation and Organization of Boardwalk Special Improvement District # 77, Adopted on Second Reading Following is the staff's memorandum on this item: "This Ordinance was adopted on First Reading on September 7 by a 5-0 vote. At previous work sessions, the Council has received information regarding the creation of a proposed Special Improvement District for construction of streets and other improvements to Boardwalk Drive and Landings Drive. Property owners have now submitted petitions formally requesting the City to create the District." Mayor Cassell and Councilmember Reeves asked the record show they did not vote or participate in the discussion of this item. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Ordinance No. 103, 1982, on Second Reading. Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, and Wilmarth. Nays: None. (Cassell and Reeves withdrawn) THE MOTION CARRIED. Authorization of Out -of -City Sewer Service for the Foothills Subdivision Located West of Overland Trail Road and South of Prospect Road. ADDroved I Following is the staff's memorandum on this item: -433- 1 September 21, 1982 "This is a request for out -of -city sewer service for the 33 acre Foothills Subdivision being developed by Alvin Miller. Mr. Miller's property is located north of Hughes Stadium and immediately west of the Westgate Subdivision, an existing multi -family development. Water and sewer lines serving the Westgate Subdivision extend to the eastern boundary of the proposed Foothills Subdivision (see map attached). The subject property is located outside the Urban Growth Area within the rural non -farm area designated on the recent amendment to Larimer County's Land Use Plan. The rural non -farm designation permits single-family residential development at 1 DU/5-ac, or 1 DU/2.29-ac when development occurs as a PUD. The development guidelines for this area require public water and sewer, underground utilities, and structures placed below eleva- tion 5200, as well as several site design guidelines. Staff Recommendation Staff recommends approval of the Foothills Subdivision out -of -city sewer service request. Water Board Recommendation The Water Board, at its regular meeting on September 18, 1981, reviewed and approved the request by a vote of 9-0 contingent upon the following condi- tions: that the City also provide water service; that Mr. Miller agrees to annex when asked; that development does not occur above elevation 5200; that the developer agrees to provide necessary easements and rights -of - ways; and that these conditions are agreeable to the planners, both County and City. (Copy of meeting minutes are attached.) Planning and Zoninq Board Recommendation The request was before the Planning and Zoning Board in October, 1981, but was continued pending conclusion of the Foothills Study and adoption of criteria to judge UGA boundary amendment requests. The Planning and Zoning Board, at its regular meeting on August 23, 1982, reviewed and approved this request by a vote of 5-2 subject to an agreement committing to future annexation." Councilmember Wilmarth made a motion, seconded by Councilmember Reeves, to authorize the out -of -city sewer service for the Foothills Subdivision subject to the conditions set out by the Planning & Zoning Board. Alvin Miller, owner and developer of Foothills Subdivision, answered ' Councilmember Clarke's questions with regard to his willingness to annex -434- September 21, 1982 when asked. He gave background on the property and noted 2.5 to 5-acre tracts could not be developed to City standards economically. He asked that he be allowed to complete the project prior to an annexation request. He indicated there would be a maximum of 2 or 3 homes approaching the 5,200 foot level. He then asked that the City indicate he could have access to City sewer line for up to 16 units with the City agreeing not to force annexation until the project is done. Councilmember Wilmarth asked the City Attorney if it was possible to enter into those kinds of commitments. City Attorney Huisjen replied that the Code provides for utility service outside the City limits and lists 19 conditions for the furnishing of service. One of the conditions is that the applicant must agree to annex upon request by the City. Councilmember Clarke noted he felt the City needed to look at its develop- ment requirements for the fringe areas of the City where large lot develop- ment exists. Planning and Development Director Curt Smith noted he did not see the City ' pursuing annexation of Mr. Miller's property in the foreseeable future since it is outside the Urban Growth Area but the annexation provision provides the City the ability to annex if conditions change. He added that City standards provide the flexibility to develop at less than standard curb, gutter and sidewalks under rare circumstances, possibly low density situations. He noted that at the time the property developed in the County, the City, would have the opportunity to review and comment on the project. The vote on Councilmember Wilmarth's motion to authorize the out -of -city sewer service for the Foothills Subdivision was as follows: Yeas: Coun- cilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. Resolution Authorizing the City Manager to Enter into Agreements with the Bucain Corporation and its Nominees for the Construction and Lease of the Golf Course, Adopted Following is the staff's memorandum on this item: I "Upon final passage of the Sales Tax Anticipation Note Ordinance, it will be necessary to execute agreements between the City and Bucain. This -435- September 21, 1982 agenda item is a resolution which authorizes the City Manager to enter into agreements with Bucain to effectuate the acquisition of the golf course, its construction and operation. The terms of the agreement are the same as were described to Council at the September 7, 1982, Council meeting. No significant changes have been negotiated." Councilmember Reeves made a motion, seconded by Councilmember Clarke, to adopt the Resolution. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmembers' Reports Councilmember Wilmarth reported on the meeting with the south districts and noted he was optimistic about the chances of avoiding litigation. Councilmember Reeves reported the airport committee would be meeting October 5 and one of the items to be discussed is the ultra -light policy. Councilmember Clarke noted he would be meeting with the CSU Senate to I discuss changing the Transfort contract agreement. Citizen Participation Harvey Betz accepted a Proclamation naming October, 1982 as DAV Handicapped Parking Awareness Month, on behalf of the Disabled American Veterans. Bill Blackwell, 925 East Prospect, addressed Council to protest the Book Ranch and pornography in Fort Collins. Bob Sarantino, 325 Garfield, CoPIRG representative, asked Mayor Cassell to sign a proclamation promoting the current voter registration drive. Mayor Cassell directed the City Clerk to draft such a proclamation for his signature. The following persons spoke to the nuclear freeze issue during Citizen Participation: 1. Jim Woodward, 430 Garfield 2. Steve Ackerman, 2420 W. Mulberry 3. Joe Stern, 1221 LaPorte Avenue ' 4. Dan Feldman, 628 LaPorte Avenue -436- ' September 21, 1982 Public Hearing on Proposed 1983 Budget and Proposed Uses for Revenue Sharing Monies City Manager Arnold gave a brief slide presentation to update Council and the audience on the proposed 1983 Budget. The following persons spoke at the Public Hearing on the Budget: 1. Barbara Rutstein, President of the League of Women Voters, noted her group opposed the 3/44 sales tax especially on food. 2. Steve Barnes, 1236 Solstice, supported. the sales tax increase. 3. Carolyn Haase, 2307 Sheffield Drive, questioned the costs of the new Planning and Zoning Development Center and asked about the County's share of library costs and the possibility of a Library District. 4. Sharon Brown, 1406 Oxborough Lane, League of Women Voters, spoke to indoor pool issues. ' 5. Bruce Lockhart, 615 Mathews, opposed sales tax increase. 6. Richard Hoffman, 1313 Green Gables Court, spoke to the street lighting issue, asking they be relighted. Resolution Concerning the Leasing of the Ackerman Property in the LaPorte Parkins Lot. Denied Following is the staff's memorandum on this item: "The Ackerman land is private property located near the south end of the LaPorte parking lot. All of the land in this lot, with the exception of the Ackerman property, is owned by Burlington Northern Railroad. The Ackerman land is currently fenced off, which makes access to 38 parking spaces and traffic circulation in the lot impossible. Staff is investigating possible long term solutions to the problem. These possibilities include: 1. Negotiating a purchase price for the property. 2. Arranging a property trade between Mrs. Ackerman and the Burling- ton Northern Railroad. ' 3. Acquiring a piece of land on the west side of the property for a continuous north south roadway. -437- September 21, 1982 ' In an effort to solve the problem on a short term basis, staff has investi- gated restriping the lot. The lot is now striped for 179 spaces but only 141 of those are usable. Restriping would result in 157 usable spaces and would cost $300. This could be done but would still leave the cables and posts and circuitous access problems in place. (Attachments 1 and The Parking Commission discussed this matter at their May meeting. The Commission felt the City should lease the land on a short term basis since the railroad can terminate its lease for the rest of the land with thirty days notice. The Commission suggested staff negotiate an annual lease payment as close to $1,500 as possible. Mrs. Ackerman is willing to lease her land to the City for $2,600 annually. This would improve access to 38 parking spaces and would eliminate the existing safety problems caused by the cable and barricades which are now on the Ackerman land. Staff is recommending denial of this Resolution because we feel revenue from parking permits would not justify this lease expenditure." Councilmember Elliott made a motion, seconded by Councilmember Reeves, to I adopt the Resolution Authorizing the Lease of the Ackerman Property in the LaPorte Parking Lot. Assistant to the Director of Public Works Carol Osborne reviewed the problems the Ackerman land causes in the LaPorte parking lot and noted Mrs. Ackerman would consider selling the land to the City for $41,000 or leasing it for $2,600 annually. She noted if the Resolution was denied the City would restripe the lot to maximize the use of the lot and put up a fence around the Ackerman property to reduce the safety hazard of the cable. Jim Woods, Parking Commission, stated the Commission's reluctance to purchase the property has not been so much with the price but with the unpredictability of the rest of the lot owned by the railroad since the City has a 30-day lease termination notice clause. We could lose the rest of the lot sometime in the future and be left with 15 spaces in the middle of railroad property. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows: Yeas: None. Nays: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. THE MOTION FAILED. Mayor Cassell directed staff to get information on the fencing code re- ' quirements and any potential violations and information relative to the -438- September 21, 1982 responsibility of the property owner for barricading with regard to safety and liability. Public Works Director Roger Krempel noted staff would come back with a proposal to acquire a roadway across the west end of the Ackerman property to reestablish the traffic circulation. Resolutions Authorizing Execution of Agreements of Sale and Purchase for Acquisition of Property in Block 31, Approved Following is the staff's memorandum on this item: "A. Resolution for the Purchase of Real Property Located Within the City of Fort Collins on Block 31 (Theodore R. Davis - Parcel 6) B. Resolution for the Purchase of Real Property Located Within the City of Fort Collins on Block 31 (Theodore R. Davis - Parcel 7) ' C. Resolution for the Purchase of Real Property. Located Within the City. of Fort Collins on Block 31 (The Moody -Warren Commercial Company - Parcel 5) D. Resolution for the Purchase of Real Property Located Within the City of Fort Collins on Block 31 (City Center Properties - Parcel 11) E. Resolution for the Purchase of Real Property Located Within the City of Fort Collins on Block 31 (256 West Mountain Associates - Parcel 8 and Parcel 9) In 1981, the County Commissioners and City Council began a program to acquire property within Block 31. The acquisition of this block was for the purpose of locating any future governmental facilities. City staff received strong direction in May to begin active negotiations with property owners for acquisition. Staff received its direction and authorization through a committee consisting of Mayor Gary Cassell, Com- missioner Jim Lloyd, and City Manager John Arnold. From their review and direction, five agreements covering six parcels have been signed pending Council approval on this block. Staff is continuing to negotiate with the property owners of three other parcels. The acquisition of these nine parcels would complete the initial phase of acquisition for Block 31. ' Following the acquisition of these properties, the City and County would begin to develop a parking area on this block. This has tentatively been -439- September 21, 1982 ' scheduled for spring/summer 1983. A report will be made to Council in October on design and projected cost. The following are agreements of sale and purchase for property to be acquired in Block 31. 1) Agreement with Theodore R. Davis for purchase of Lots 24 and 25 in Block 31, at a purchase price of $12T,-000. (Parcel 6) 2) Agreement with Theodore R. Davis for purchase of Lot 26 and the North 20 feet of Lot 27 in Block 31, at a purchase price of $117,700. (Parcel 7) 3) Agreement with The Moody -Warren Commercial Company for purchase of the West 50 feet of Lots 20 through 23 in Block 31, at a purchase price of $51,000. (Parcel 5) 4) Agreement with City Center Properties for purchase of Lots 33 through 37 in Block 31, at a purchase price of $237,500. (Parcel 11) 5) Agreement with 256 West Mountain Associates for purchase of the South 5 feet of Lot 27, all of Lot 28, the North eet of Lot 29, the South 15 ' feet of Lot 29 and all of Lot 30 in Block 31, at a purchase price of $162,600. (Parcel 8 and Parcel 9)" General Services Director Tom Frazier reported on the County participation. He noted the Commissioners had passed a Resolution supporting the City and providing 50% of the funding for the 6 parcels on Block 31. Councilmember Knezovich expressed his opposition to the Block 31 purchase noting he preferred City expansion on the current location. He expressed his doubt that it was the role of government to get involved in providing parking facilities and noted he felt the funds could be better spent in other areas. Councilmember Horak asked what consideration had been given to the possi- bility the entire block cannot be purchased. City Manager Arnold replied that the committee had taken the first approach which was to provide parking and secondly to provide office space. No plans or specifications have been designed for an office complex. Councilmember Clarke made a motion, seconded by Councilmember Reeves, to adopt Resolution 82-123. Yeas: Councilmembers Cassell, Clarke, Elliott, Reeves, and Wilmarth. Nays: Councilmembers Horak and Knezovich. THE MOTION CARRIED. -440- Councilmember Clarke made adopt Resolution 82-124. Reeves, and Wilmarth. Nays THE MOTION CARRIED. September 21, 1982 a motion, seconded by Councilmember Reeves, to Yeas: Councilmembers Cassell, Clarke, Elliott, : Councilmembers Horak and Knezovich. Councilmember Clarke made a motion, seconded by Councilmember Elliott, to adopt Resolution 82-125. Yeas: Councilmembers Cassell, Clarke, Elliott, Reeves, and Wilmarth. Nays: Councilmembers Horak and Knezovich. THE MOTION CARRIED. Councilmember Reeves made adopt Resolution 82-126. Reeves, and Wilmarth. Nays THE MOTION CARRIED. Councilmember Clarke made adopt Resolution 82-127. Reeves, and Wilmarth. Nays THE MOTION CARRIED. a motion, seconded by Councilmember Clarke, to Yeas: Councilmembers Cassell, Clarke, Elliott, Councilmembers Horak and Knezovich. a motion, seconded by Councilmember Reeves, to Yeas: Councilmembers Cassell, Clarke, Elliott, : Councilmembers Horak and Knezovich. Ordinance No. 110, 1982, Appropriating Monies in the General and Capital Projects Funds, Adopted Following is the staff's memorandum on this item: "During the summer of 1981, a budget was submitted for Block 31 Parking Lot for inclusion in the City of Fort Collins Recommended 1982-86 Capital Improvement Program. A number of meetings were held with the City Council and Larimer County Commissioners to discuss proceeding with this project and how much each entity would contribute to the overall plan. Currently, the City and the County are recommending that the project proceed. The current project cost estimate is $690,800, with a proposed 50/50 sharing of these costs between the City and the County. Of the total combined contributions of $690,800, $409,560 has already been appropriated as part of the City's 1982 Budget. Total Financing 1982 Budget Balance to be Sources Appropriations Appropriated City $345,400 $259,560 $ 85,840* County 345,400 150,000 195,400 TOTAL $690,800 $409,560 $281,240 -441- September 21, 1982 ' *Financing for the City's share will be from the General Fund Capital Reserve thereby reducing the projected 1983 General Fund Capital Reserve of $662,916 by $85,840. The attached Ordinance appropriates the following: o $85,840 in the General Fund to be transferred to the Capital Pro- jects Fund. o $281,240 in the Capital Projects Fund: Transfer from General Fund $ 85,840 County contribution 195,400 TOTAL $281,240 Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt Ordinance No. 110, 1982, on First Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. ' Ordinance No. 111, 1982 Authorizing the City Manager to Enter Into an Agreement for the Lease and Option to Purchase the Jefferson Street Parking Lot and Appropriating All Proceeds Necessary to Purchase Said Real Property in the Capital Projects Fund, Denied Following is the staff's memorandum on this item: "On August 3, in regular session, Council passed a resolution authorizing staff to engage in all activities necessary to evaluate, acquire, construct and develop a parking'lot on Jefferson Street. This lot is located west of the Jefferson Street Station Restaurant. The developed lot will contain approximately 60 parking spaces. Twenty-five of these spaces are already leased, contigent upon the City buying and developing the lot. Union Pacific Railroad, owners of the land, estimate the cost of the property as $101,000 calculated on the basis of $5.00 per square foot. Staff estimates the development costs as $76,000, for a total project cost of $177,000. Council appropriated $106,500 for this project on April 20, 1982. The , approval of this ordinance and appropriation of the borrowed $70,500 -442- September 21, 1982 will provide the necessary $177,000 required for the project. Financed over 10 years we estimate the annual principal and interest costs to be around $12,000. Bids will be received on Tuesday and actual costs avail- able at the meeting. The annual lease/purchase payment will come from leasing the parking spaces in the lot, $4,500 guaranteed so far, and from the parking fund. The Parking Commission met on Thursday and unanimously recommended approval of this approach." Finance Director Ron Wood noted six no bids had been received and that only one firm bid had been received from First Municipal Leasing Corporation of Englewood. The simple interest rate on a 10-year amortization schedule with a 5-year balloon was 14.5% and on a 15-year amortization schedule with a 7-year balloon was 15.5%. He noted the Finance Department does not feel these rates are competitive in the current market and recommended denial of the Ordinance on that basis, the proposed staff come back with alternatives on October 5th. ' Councilmember Wilmarth noted he felt tonight's actions had demonstrated the City's interest in providing parking in the downtown. He suggested the City, the County, the Downtown Development Authority, Fort Town, and the Parking Commission get together and develop a comprehensive downtown parking policy instead of continually purchasing new sites. City Manager Arnold stated staff would try to pull something together by October 5th that would address Councilmember Wilmarth's concerns. Councilmember Elliott made a motion, seconded by Councilmember Reeves, to adopt the Ordinance on First Reading. Yeas: None. Nays: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. THE MOTION FAILED. Ordinance No. 105, 1982, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund, Adopted Following is the staff's memorandum on this item: "This ordinance was unanimously adopted on First Reading on September 7. The Community Development Block Grant (CDBG) program is an ongoing grant administration program funded from the Department of Housing and ' Urban Development (HUD). The City of Fort Collins is an Entitlement recipient in HUD's CDBG program and will secure $700,000 for FY 1983." -443- September 21, 1982 ' Councilmember Knezovich noted he felt a better plan could be developed for spending this money and urged defeat of the Ordinance on Second Reading. Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 105, 1982 on Second Reading. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Reeves, and Wilmarth. Nays: Councilmember Knezovich. THE MOTION CARRIED. City Manager's Report City Manager Arnold noted the City had won the Governor's Energy Conserva- tion Pacesetter Award for its total energy conservation program. He called Council's attention to the Budget Outlook Report noting the August sales tax growth rate was 5.9% making the average for the year 6.6%. He called Council's attention to an article entitled "Design Ahead of Development" written by Jay Kole of the Engineering Division. He noted the Police Department had sponsored a seminar on "Arrest, Search, I and Seizure, and the Supreme Court" which was attended by 20 different police and sheriff departments. He added the situation with the Baker Street property had been corrected in accordance with the Resolution adopted by Council on September 7. Other Business Councilmember Horak noted that after the last work session he checked the records to determine whether Council had met on General Election evenings. He stated he found those meetings had been cancelled in the past six years and suggested Council reconsider their earlier decision. Councilmember Horak made a motion, seconded by Councilmember Clarke, to cancel the November 2, 1982 meeting with the intent of covering any criti- cal items at an adjourned meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Councilmember Wilmarth. THE MOTION CARRIED. Adjournment Councilmember Horak made a motion, seconded by Councilmember Wilmarth, I -444- IJ 1 September 21, 1982 to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:30 p.m. Mayor -445-